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 Common rules for direct support schemes for farmers ***I |
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2010)0539), – having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0294/2010), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies and by the Polish Diet and Senat, asserting that the draft legislative act does not comply with the principle of subsidiarity, – having regard to the opinion of the European Economic and Social Committee of 16 February 2011(1), – having regard to Rule 55 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A7-0158/2011), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 42 and Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee(2), Acting in accordance with the ordinary legislative procedure(3), Whereas: (1) Council Regulation (EC) No 73/2009(4) confers powers on the Commission in order to implement some of the provisions of that Regulation. (2) As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 73/2009 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). (3) The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 73/2009. 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.In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement or amend certain non-essential elements of Regulation (EC) No 73/2009. 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 Council. [Am. 1] (4) In order to guarantee a uniform application of Regulation (EC) No 73/2009 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on… ensure uniform conditions for the implementation of Regulation (EC) No 73/2009, implementing powers should be conferred on the Commission. Those powers, save where explicitly provided otherwise, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers(5). [Am. 2] (4a) The Commission should, by means of implementing acts, approve the granting of certain specific support, decide which Member States fulfil certain conditions regarding suckler cow premium and authorise new Member States to complement, subject to certain conditions, any direct payments. Given the special nature of those acts, the Commission should be empowered to adopt them without the assistance of the Committee for Direct Payments. [Am. 3] (5) Some of the provisions on direct support schemes that have so far been adopted by the Commission under the powers conferred on it by Regulation (EC) No 73/2009 are considered of such importance that they should be incorporated in that Regulation. Those elements concern some of the detailed rules laid down in Commission Regulations (EU) No 1120/2009(6), (EU) No 1121/2009(7) and (EU) No 1122/2009(8). (6) In the light of the experience gained with the application of Regulation (EC) No 73/2009 some of the provisions of that Regulation should be simplified, particularly regarding cross compliance requirements. (7) For reasons of legal certainty and clarity it is appropriate to provide for the definitions of 'arable land', 'permanent crops', 'permanent pasture' and 'grassland'. (8) Since permanent pasture has a positive environmental effect, measures are to be adopted to encourage the maintenance of existing permanent pasture to avoid a massive conversion into arable land. In order to ensure that Member States determine the ratio of permanent pasture and agricultural land that has to be maintained in a coherent way, the Commission should adopt implementing acts on the determination of the data necessary to establish this ratio. (9) In order to ensure an effective implementation of the farm advisory system provided for in Article 12 of Regulation (EC) No 73/2009, so as to render such system fully operational, the Commission may adopt rules by means of implementing acts. (10) In order to ensure that the respect of cross compliance requirements can be verified, farmers are required to declare all agricultural areas of their holding. This also applies when the farmers do not apply for any area-based direct payment and only have small areas at their disposal. In those cases, for the sake of simplification, it should be made possible for the Member States not to require the declaration of those areas, provided the total area of the holding concerned does not exceed one hectare and provided that a reference to those areas is made in the aid application. (11) An effective implementation of cross compliance needs verification of respect of obligations at farmers' level. The Commission should, by way of implementing acts, adopt rules on the controls to be performed by the Member States, to ensure a uniform and sufficiently high level of performance of these verifications in particular with regard to selection of farms, execution of checks and reporting. Where a Member State decides to make use of the option to consider a non-compliance as minor or not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, in the following year, verify that the farmer remedies the findings of the non-compliance concerned. However, in order to ease the administrative burden, consideration should be given to simplifying the follow-up checks system. (12) The Member States have to implement an integrated administration and control system as provided for in Article 14 of Regulation (EC) No 73/2009. To ensure a uniform and sufficiently high level of performance of the different elements of that system with regard to the technical aspects, the Commission should adopt implementing acts on basic features, definitions and quality requirements on the system and its different elements. (13) In order to ensure a coherent and efficient administration of aid applications the Commission should adopt implementing acts pertaining to the aid application and to the application for payment entitlements. Those acts should ensure that sufficient time and all the necessary information is provided to allow the verification of the eligibility conditions. When duly justified certain flexibility should be given to the farmer. Furthermore, the eligibility rules such as retention periods of animals should not hinder the farmers from transferring their entire holding after the application is submitted but during this period. The conditions for such transfers should therefore be defined. (14) Verification of eligibility conditions should be carried out with a view to the protection of the Union Funds. To enable such verification of the fulfilment of the obligations linked to the payment by the farmers as well as to ensure a correct distribution of the funds to the entitled farmers the Commission should adopt implementing acts on the controls to be performed by the Member States. When appropriate, those acts should also lay down rules for the situation when other services, bodies or organisations than the competent authority are engaged in the administration of the payments. (15) Article 28 of Regulation (EC) No 73/2009 provides for minimum requirements to be respected, but the application of point (b) of the first subparagraph of Article 28(1) is not appropriate for farmers who are still receiving direct payments under certain coupled schemes but do not hold any hectares. Those farmers are in the same situation as farmers holding special entitlements and in order to ensure the full effectiveness of the coupled schemes in question they should therefore be treated in the same way for the purposes of Article 28(1) of that Regulation. Also, when a Member State has selected a threshold in hectares as foreseen in Article 28(1)(b), farmers receiving specific support referred to in Title III, Chapter 5 who hold fewer hectares than the threshold selected by a Member State should be subject to the threshold in Euro selected by the Member State as foreseen in Article 28(1)(a). (16) Rules regarding the minimum size per holding for which the establishment of payment entitlements can be requested should be fixed. (17) In order to ensure the continuity of the direct payments system in case of extraordinary circumstances, the Commission should be allowed to adopt necessary and justified measures in order to overcome such eventualities. (18) In order to ensure the efficient administration of the single payment scheme provided for in Title III of Regulation (EC) No 73/2009, the use of agricultural areas for non agricultural activities should be defined. (19) To take into account the internal organisation of Member States, they should be allowed to administer the national reserve at regional level. Rules for such administration should be established. (20) Specific rules for the reversion by Member States to the national reserve of the unused payment entitlements should be fixed. (21) The rules regarding the limitation to the transfer of payment entitlements should be adapted in order to take into account particular transfer situations. (22) In order to ensure that the conditions for special entitlements continue to be met rules should be adopted on the calculation of livestock units. (23) To ensure equal treatment between operators the Commission should adopt implementing acts for the initial allocation of payment entitlements in the context of the implementation of the single payment scheme in the new Member States as provided for in Article 55 of Regulation (EC) No 73/2009. (24) To ensure equal treatment between operators the Commission should adopt implementing acts for the calculation of livestock units for special entitlements as provided for in Article 44(2) of Regulation (EC) No 73/2009. (25) To ensure equal treatment between operators the Commission should adopt implementing acts for the specific support measures concerning specific agricultural activities entailing additional agri-enviroment benefits, areas subject to restructuring and/or development programs, crop, animal and plant insurance measures as provided for in Article 68 of Regulation (EC) No 73/2009. In the case of mutual funds for animal plants diseases and environment incidents, these rules should in particular include the minimum and maximum duration of the commercial loans eligible for a financial contribution and the obligation by member States to submit to the Commission an annual report on the implementation of Article 71 of Regulation (EC) No 73/2009. (26) In order to ensure the efficient administration of the aid schemes provided for in Title IV of Regulation (EC) No 73/2009, rules on the precise functioning of those regimes need to be established. (27) Rules concerning the limitations to the transfer of premium rights in the case of premiums in the sheepmeat and goatmeat sector should be established. (28) Rules concerning the minimum number of animals to be declared as regards the special premium and as regards the suckler cow premium should be established. (29) Rules concerning the limits to the transfer of suckler cow premium rights should be established. (30) To ensure a sound administration of the choices made by Member States concerning the coupled payments, the Commission should fix the ceilings corresponding to the single payment scheme, to the coupled measures within the specific support, the separate sugar payment, the separate fruit and vegetables payment, the separate soft fruit payment and the funds notified by the Member States in accordance with Article 69(6)(a). (31) Article 132 of Regulation (EC) No 73/2009 provides for the possibility in the new Member States of complementing direct aid paid to a farmer, subject to authorisation by the Commission. Complementary national direct payments paid not in conformity with the authorisation by the Commission should be qualified as unlawful aid. (32) Exchange of information between the Commission and the Member States is essential for a proper management of the funds. The Commission should by means of implementing acts adopt uniform rules on the exchange of information. These should in particular include rules on notifications of decisions by Member States and on statistics and reports to be sent by Member States. (33) Regulation (EC) No 73/2009 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 73/2009 is amended as follows: (1) In Article 2, the following points are added:"
(2) The following Article is inserted:" Article 2a Amendment of Annex I In order to take into account new legislation that may become necessary, the Commission shall, by means of a delegated acts, amend Annex I in order to include appropriate references to new legislation. "[Am. 4] (2a) In the second subparagraph of Article 6(1), point (a) is deleted. [Am. 5] (3) In Article 6, the following paragraphs are added:" 3. In order to ensure that measures are taken to maintain the land under permanent pasture at the level of farmers, the Commission shall, by means of delegated acts, adopt provisions including individual obligations at the level of farmers to be respected where it is established that the share of land under permanent pasture is decreasing. [Am. 6] 4. The Commission shall, by means of implementing acts, adopt the methods for the determination of the ratio of permanent pasture and agricultural land that has to be maintained. "(4) In Article 8, paragraph 2 is replaced by the following:" 2. The Commission shall, by means of implementingdelegated acts, review the ceilings set out in Annex IV in order to take account of: [Am. 7]
(5) Article 9 is amended as follows:
(6) In Article 10, paragraph 3 is replaced by the following:" 3. Any amount resulting from the application of Article 7(1) and (2) shall be allocated to the new Member State where the corresponding amounts have been generated, by the Commission by means of implementing acts. Those amounts shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005. "(6a) In Article 11, paragraph 2 is replaced by the following:" 2. The European Parliament and the Council , acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustments referred to in paragraph 1 apply, shall determine these adjustments no later than 30 June of the same calendar year.“. [Am. 9] (7) In Chapter 2 of Title II, the following Article is added: “Article 11a Delegation of powers to the Commission 1. In order to ensure a harmonised implementation of modulation and financial discipline the Commission may, by means of delegated acts, adopt detailed rules on the basis for calculation of reductions to be applied to the farmers by the Member States due to modulation and financial discipline as foreseen in Articles 9, 10, 11. 2. In order to ensure the allocation referred to in Article 9(2), the Commission shall, by means of delegated acts, lay down the criteria for the allocation of amounts made available by the application of modulation. "(8) In Article 12, the following paragraph is added:" 5. In order to guarantee the proper functioning of the farm advisory system, the Commission may adopt, by means of delegated acts, provisions aiming at rendering such system fully operational. These provisions may relate, amongst others, to the scope of the farm advisory system and the accessibility criteria for farmers.[Am. 10] 6. The Commission may, by means of implementing acts, adopt technical rules for the uniform implementation of the farm advisory system. "[Am. 11] (9) In Article 19(1), the following subparagraphs are added:" Each Member State shall determine the minimum size of agricultural parcels in respect of which an application may be made. However, the minimum size may not exceed 0,3 ha. By way of derogation from point (a) of the first subparagraph, the Member States may decide that a farmer who does not apply for any area-based direct payment does not have to declare all his agricultural parcels in the case where the total area of those parcels does not exceed one hectare. The farmer shall however indicate in his application that he disposes of agricultural parcels and shall at the request of the competent authorities indicate the location of the parcels concerned. "(10) In Article 21, paragraph 1 is replaced by the following:" 1. Without prejudice to any reduction or exclusion provided for in Article 23, where it is found that a farmer does not comply with the eligibility conditions relating to the granting of the aid as provided for in this Regulation, the payment or part of the payment granted or to be granted for which the conditions of eligibility have been met shall be subject to reductions and exclusions. "(11) In Article 22, the following paragraph is added:" 3. The Commission shall, by means of implementing acts, adopt rules for the carrying out of controls and checks in order to verify compliance with the obligations referred to in Chapter 1. "(12) In Article 23, paragraph 2 is replaced by the following:" 2. Notwithstanding paragraph 1 and in accordance with the conditions laid down in the rules referred to in Article 27a(5), Member Sates may decide not to apply a reduction or exclusion amounting to EUR 100 or less per farmer and per calendar year. Where a Member State decides to make use of the option provided for in the first subparagraph, in the following year the competent authority shall take the actions required to verify that the farmer remedies the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the farmer. "[Am. 12] (13) Article 24 is amended as follows:
(14) In Chapter 4 of Title II, the following Articles are added:" Article 27a Delegation of powers to the Commission 1. In order to ensure a correct distribution of the funds to the entitled farmers and to ensure that the integrated administration and control system provided for in this Chapter is implemented in an efficient, coherent and non-discriminatory way which protects the financial interests of the Union, the Commission may, by means of delegated acts, adopt the following:
2. In order to ensure a correct distribution of the funds to the entitled farmers as regards the aid applications provided for in Article 19 and to enable the verification of the fulfilment of the obligations related thereto by the farmers, the Commission shall, by means of delegated acts, lay down the following:
3. In order to ensure that the verification of the eligibility conditions provided for in Article 20 is carried out in an efficient, coherent and non-discriminatory way which protects the financial interests of the Union, the Commission shall, by means of delegated acts, adopt provisions, in particular for the event that the farmer prevents a control to take place. 4. In order to ensure that the calculation and application of reductions and exclusions are carried out in accordance with the principle laid down in Article 21 and in an efficient, coherent and non-discriminatory way which protects the financial interests of the Union, the Commission shall, by means of delegated acts, adopt the following:
5. In order to ensure that cross compliance is carried out in an efficient, coherent and non-discriminatory way, the Commission may, by means of delegated acts, adopt rules for the calculation and applications of reductions in accordance with the principles laid down in Articles 23 and 24, including rules for the non-application of reductions in certain cases. Article 27b Implementing rules
(15) In Article 28(1), the third subparagraph is replaced by the following:" Farmers holding special entitlements referred to in Article 44(1) or farmers receiving the premiums for sheep and goat referred to in Section 10 of Chapter 1 of Title IV or the beef and veal payment referred to in Section 11 of Chapter 1 of Title IV or farmers receiving specific support referred to in Chapter 5 of Title III who hold fewer hectares than the threshold selected by a Member State when point (b) of the first subparagraph is applied, shall be subject to the condition referred to in point (a) of the first subparagraph of this paragraph. "(16) In Article 29, paragraph 4 is replaced by the following:" 4. By way of derogation from paragraph 2, the Commission may, by means of implementing acts:
The Commission may, by means of implementing acts, adopt rules relating to the payment of those advances. "(17) The following Article is inserted:" Article 31a Implementing rulesDelegation of powers to the Commission The Commission may adopt, by means of implementingdelegated acts, measures which are both necessary and duly justified to resolve, in an emergency, practical and specific problems; such measures may derogate from certain parts of this Regulation, but only to the extent, and for such a period, as is strictly necessary. Where imperative grounds of urgency so require, the procedure provided for in Article 141ba shall apply to delegated acts adopted pursuant to this Article. "[Am. 15] (18) In Article 33, the following paragraphs are added:" 4. A Member State may decide to fix a minimum size per holding in terms of agricultural area for which the establishment of payment entitlements may be requested. However, the minimum size shall not be higher than the limits set under point (b) of the first subparagraph in conjunction with the second subparagraph of Article 28(1). No minimum size shall be fixed for the establishment of the special entitlements referred to in Articles 60 and 65. 5. In order to take into account new legislation that may become necessary, the Commission shall, by means of delegated acts, amend Annex IX. [Am. 16] 6. The Commission shall, by means of implementing acts, adopt rules relating to the application for support in the year of allocation of entitlements where the entitlements may not be definitively established yet and where the allocation is affected by specific circumstances, as well as a ceiling for the single payment scheme referred to in this Title. "(19) In Article 34(2), the second subparagraph is replaced by the following:" Where an agricultural area of a holding is also used for non-agricultural activities as referred to in point (a) of the first subparagraph that area shall be considered as being used predominantly for agricultural activities, if the agricultural activity can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activity. Member States shall establish criteria for the implementation of this subparagraph on their territory. "(20) In Article 36, the second paragraph is deleted. (21) In Article 38, the second paragraph is replaced by the following:" In the event of deferred integration, Member States may decide to allow secondary crops to be cultivated on the eligible hectares during a maximum period of three months starting each year on 15 August. However, at the request of a Member State, this date may be modified by means of implementing acts for regions where cereals are normally harvested earlier for climatic reasons. "(22) In Article 39, paragraph 2 is deleted. (23) In Article 40(1), the second subparagraph is replaced by the following:" Where payment entitlements are allocated to wine growers, the Commission shall, taking account of the latest data made available to it by the Member States in accordance with Articles 103o and the second subparagraph of Article 188a(3) of Regulation (EC) No 1234/2007, by means of implementingdelegated acts, adapt the national ceilings determined in Annex VIII to this Regulation. By 1 December of the year preceding the adaptation of the national ceilings, Member States shall communicate to the Commission the regional average of the value of the entitlements referred to in point B of Annex IX to this Regulation. "[Am. 17] (24) Article 41 is amended as follows:
(25) In Article 42, the following paragraphs are added:" Farmers may give up payment entitlements to the national reserve voluntarily. The Commission shall, by means of implementing acts, adopt measures regarding the practical conditions applicable to the reversion of unused payment entitlements to the national reserve. "[Am. 18] (26) Article 43 is amended as follows:
(27) In Article 44, the following paragraph is added:" 4. The Commission shall, by means of implementing acts, adopt rules on the calculation of LU for the purposes of special entitlements and the activation of special entitlements. "(28) In Chapter 1 of Title III, the following Article is added:" Article 45a Delegation of powers to the Commission 1. In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, lay down the following:
2. In order to ensure the proper management of payment entitlements, the Commission shall, by means of delegated act, adopt rules on the declaration and use of payment entitlements. 3. In order to clarify specific situations that may occur in the application of the single payment scheme, the Commission shall, by means of delegated acts, adopt the followingrules on:
4. In order to facilitate the deferred integration of fruits and vegetables into the single payment scheme, the Commission shall, by means of delegated acts, adopt rules providing for the possibility to allow secondary crops to be cultivated on the eligible hectares for Member States having used one of the options as set out in the third subparagraph of Article 51(1). 5. In order to establish a list of hemp varieties eligible for direct payments and to preserve public health, the Commission shall, by means of delegated acts, adopt rules making the granting of payments subject to the use of certified seeds of certain varieties and providing for the procedure for the determination of hemp varieties referred to in Article 39. "(29) In Article 51(2), the first subparagraph is replaced by the following:" On the basis of the choice made by each Member State, the Commission shall, by means of implementing acts, determine a ceiling for each of the direct payments referred to in Articles 52, 53 and 54. "(30) In Chapter 2 of Title III, the following Article is added:" Article 54a Delegation of powers to the Commission In order to take account of specificities of the sectors concerned, the Commission shall, by means of delegated acts, adopt rules on the establishment and calculation of payment entitlements and the options provided for in this Chapter. "(31) In Article 57, paragraph 2 is replaced by the following:" 2. The new Member States shall use the national reserve for the purpose of allocating, in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, payment entitlements to farmers placed in a special situation. "(32) In Article 59, the following paragraph is added:" 4. The Commission shall, by means of implementing acts, adopt necessary measures regarding conditions for the identification of the eligible farmers, the provisional establishment of the number of hectares and the preliminary verification of the conditions for the application. "(33) In Article 60, the following paragraph is added:" The Commission shall, by means of implementing acts, adopt rules on the calculation of the agricultural activity expressed in LU referred to in Article 44(2)(a) and the checking/verification of the minimum agricultural activity in new Member States referred to in Article 44(2)(b). "(34) In Article 62(3), the following subparagraph is added:" The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of the percentage of the payment entitlements used by the farmer. "(35) In Chapter 3 of Title III, the following Article is added:" Article 62a Delegation of powers to the Commission 1. In order to have an efficient administration of the entitlements by Member States, the Commission shall, by means of delegated acts, adopt rules on the initial allocation of payment entitlements in the case of the implementation of the single payment scheme in the new Member States having applied the single area payment scheme. 2. In order to adapt to the changing situation of the agricultural sector, the Commission shall, by means of delegated acts, adopt rules on a representative period for the purpose of Article 57(3) and Article 59(3). 3. In order to ensure an efficient administration of payment entitlements, the Commission shall, by means of delegated acts, adopt rules on the establishment and calculation of the value and number of payment entitlements or increase of value of entitlements received from the national reserve under this Chapter and the options provided therein. 4. In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt the following:
(36) In Article 67, paragraph 1 is replaced by the following:" 1. Member States may decide, by 1 August 2009, to integrate the seed aid referred to in Section 5 of Title IV and the schemes referred to in point 1 of Annex XI, with the exception of the specific quality premium for durum wheat, into the single payment scheme in 2010 or 2011. In that case, the Commission shall, by means of implementing acts, adjust the national ceilings referred to in Article 40 by adding the amounts from Annex XII for the aid scheme concerned. "(37) In Chapter 4 of Title III, the following Article is added:" Article 67a Delegation of powers to the Commission In order to enable the integration of coupled payments listed in Annex XI, and the transfer from the wine support programmes referred to in Annex IX into the single payment scheme, the Commission may, by means of delegated acts, adopt rules on access to payments, on the establishment of the amount and on the number or increase of the value of the entitlements to be allocated. "(38) Article 68 is amended as follows:
(39) Article 69 is amended as follows:
(39a) In Article 70(2), the following subparagraph is added:" The Member States shall adopt rules to establish the calculation of the producer's average annual production.“. "[Am. 20] (40) Article 71 is amended as follows:
(41) In Article 76, the following paragraph is added:" 3. The Commission shall, by means of implementing acts, adopt rules regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients. "(42) In Section 1 of Chapter 1 of Title IV, the following article is added:" Article 76a Delegation of powers to the Commission In order to ensure an efficient and targeted use of the Union Funds and the efficient administration of the crop-specific schemes, the Commission may, by means of delegated acts, adopt rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section. "(43) In Article 77, the following paragraphs are added:" In order to enable the application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, adopt rules on the conditions for the granting of the aid for starch potato growers, including rules on eligibility, minimum price level and payment. The Commission shall, by means of implementing acts, adopt necessary measures regarding the payment of the aid. "(44) In Article 80, the following paragraph is added:" The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of the bitter content of sweet lupins. "(45) In Article 81, paragraphs 2 and 3 are replaced by the following:" 2. Where the area for which the protein crop premium is claimed exceeds the maximum guaranteed area, the area per farmer for which the protein crop premium is claimed shall be reduced proportionately in that year by the Commission, by means of implementing acts. The Commission shall, by means of implementing acts, adopt necessary measures regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients. 3. Where, in accordance with Article 67, a Member State decides to integrate the protein crop premium provided for in this Section into the single payment scheme, the Commission shall, by means of implementing acts, reduce the maximum guaranteed area referred to in paragraph 1 of this Article in proportion to the protein crops amount corresponding to that Member State in Annex XII.
(46) In Article 84, the following paragraph is added:" The Commission shall, by means of implementing acts, adopt necessary measures regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients. "(47) In Article 85, the following paragraphs are added:" 4. In order to ensure an efficient and targeted use of Union Funds and in order to ensure the efficient administration of the crop-specific schemes, the Commission shall, by means of delegated acts, adopt rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section. 5. To ensure an efficient management of crop-specific schemes, the Commission shall, by means of delegated acts, adopt rules setting eligibility conditions for agricultural parcels planted with nut trees, rules defining the minimum plot size and a minimum tree density and rules on the eligibility for national aid for nuts provided for in Articles 86 and 120. "(48) Article 87 is amended as follows:
(49) Article 89 is amended as follows:
(50) In Article 90, paragraph 5 is replaced by the following:" 5. In order to enable the application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, adopt rules on the conditions for the granting of the aid for cotton, on the eligibility requirements and the agronomic practices. The Commission may, by way means of implementing acts, provide for rules on the calculation of the reduction provided for in paragraph 4. "(51) Article 91 is amended as follows:
(52) In Article 97, the following paragraphs are added:" 5. In order to ensure the protection of the rights of farmers, the Commission may, by means of delegated acts, adopt specific definitions for the purposes of this Section. 6. In order to ensure an efficient and targeted use of the Union Funds for transitional fruit and vegetables payments, the Commission may, by means of delegated acts, adopt the following:
7. In order to ensure an efficient administration of the crop-specific schemes, the Commission may adopt, by means of delegated acts, rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section. 8. The Commission shall, by means of implementing acts, adopt necessary measures regarding the approval and control by Member States of first processors and collectors and the publication by Member States of the list of approved first processors and collectors, the indicative aid amount to be set by Member States and the basis of the aid amount. "(53) In Article 98, the following paragraphs are added:" 7. In order to ensure the protection of the rights of farmers, the Commission may, by means of delegated acts, adopt specific definitions for the purposes of this Section. 8. In order to ensure an efficient and targeted use of the Union Funds for transitional soft fruit payments, the Commission may, by means of delegated acts, adopt the following:
9. The Commission shall, by means of implementing acts, adopt necessary measures regarding the approval and control by Member States of first processors and collectors and the publication by Member States of the list of approved first processors and collectors, the indicative aid amount to be set by Member States and the basis of the aid amount. "(54) In Article 101(2), the second subparagraph is replaced by the following:" A list of such areas shall be established by the Commission by means of implementing acts. The Commission shall, by means of implementing acts, adopt rules on the verification and notification of areas meeting the criteria referred to in the first subparagraph. "(55) Article 103 is amended as follows:
(56) In Article 104, the following paragraph is added:" 5. The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of individual limits and the rounding of rights. "(57) Article 105 is amended as follows:
(58) Article 110 is amended as follows:
(59) Article 111 is amended as follows:
(60) Article 112 is amended as follows:
(61) Article 113 is amended as follows:
(b) the following paragraph isparagraphs are added: [Am. 23] ‘5. The Commission shall, by means of implementing acts, adopt rules on:
5a. The Commission shall, by means of delegated acts, adopt rules on the transfer and/or temporary leasing of rights through the national reserve.‘. [Am. 25] (62) In Article 115, the following paragraphs are added:" 3. In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt rules on the access to the special scheme for heifers referred to in paragraph 1 for farmers whose herd of heifers is intended to restock cow herds. 4. The Commission shall, by means of implementing acts, adopt rules regarding:
4a. The Commission shall, by means of delegated acts, adopt rules regarding the rounding off of animal numbers where the calculation of the maximum number of heifers as a percentage as laid down in the second subparagraph of Article 111(2) produces a result which is not a whole number. "[Am. 27] (63) Article 116 is amended as follows:
(b) in paragraph 3, the first subparagraph is replaced by the following:" The Commission shall, by means of implementing acts, adopt the national ceilings referred to in paragraph 1. Those ceilings shall be established per Member State and separately for both groups of animals as specified in (a) and (b) of the second subparagraph of that paragraph. Each ceiling shall be equal to the number of animals in each of these two groups which, in 1995, were slaughtered in the Member State concerned. The number of animals exported to third countries, according to Eurostat data or any other published official statistical information for that year accepted by the Commission, shall be added to each ceiling. "
(64) Article 117 is amended as follows:
(65) In Article 119(1), the following subparagraph is added:" The Commission shall, by means of implementing acts, adopt rules on the length of the exclusion. "(66) In Article 124, the following paragraphs are added:" 9. In order to enable the application of the single area payment scheme referred to in this Title, the Commission shall, by means of delegated acts, determine the agricultural areas under the single area payment scheme, as provided for in paragraph 1, and the minimum size of eligible area per holding for which payments may be requested at a level higher than 0,3 ha, as provided for in the third subparagraph of paragraph 2. 10. In order to establish a list of hemp varieties eligible for direct payments and to preserve public health, the Commission shall, by means of delegated acts, adopt rules making the granting of payments subject to the use of certified seeds of certain varieties and providing for the procedure for the determination of hemp varieties referred to in Article 39. "(67) In Article 126, the following paragraph is added:" 4. On the basis of the choice made by each Member State, the Commission shall, by means of implementing acts, fix the corresponding ceiling for the support referred to in this Article. "(68) In Article 127, the following paragraph is added:" 3. On the basis of the choice made by each Member State, the Commission shall, by means of an implementing act, fix the corresponding ceiling for the support referred to in this Article. "(69) Article 128 is amended as follows:
(70) In Article 129, the following paragraph is added:" 4. On the basis of the choice made by each Member State, the Commission shall, by means of an implementing act, fix the corresponding ceiling for the support referred to in this Article. "(71) In Article 131(4), the first subparagraph is replaced by the following:" The amounts referred to in paragraph 1 shall be set by the Commission by means of implementing acts. "(72) Article 132 is amended as follows:
(73) In Article 139, the following paragraph is added:" However, complementary national direct payments provided for in Article 132 which are not paid not in conformity with the authorisation by the Commission shall be considered as unlawful State aid within the meaning of Council Regulation (EC) No 659/1999*. * OJ L 83, 27.3.1999, p. 1. "(74) In Article 140, the following paragraph is added:" The Commission shall, by means of implementing acts, adopt rules on the notification to the Commission by Member States of information, documents, statistics and reports, as well as the deadlines and methods for their notification. "(75) Articles 141 and 142 are deleted. (76) In Chapter 1 of Title VII, the following Articles are added:" Article 141a Commission powers Where powers are conferred upon the Commission, it shall act in accordance with the procedure referred to in Article 141b in the case of delegated acts and in accordance with the procedure referred to in Article 141c in the case of implementing acts, save where explicitly provided otherwise in this Regulation. Article 141b Delegated actsExercise of delegation 1. The powerspower to adopt the delegated acts referred to in this Regulation shall beis conferred on the Commission for an indeterminate period of time. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.subject to the conditions laid down in this Article. 2. The delegation of power referred to in paragraph 1 may be revoked by the European Parliament or by the Council.Article 2a, Article 6(3), Article 8(2), Article 9(3), Articles 11a(1) and 11a(2), Article 12(5), Articles 27a(1), 27a(2), 27a(3), 27a(4) and 27a(5), Article 31a, Article 33(5), Article 40(1), Articles 45a(1), 45a(2), 45a(3), 45a(4) and 45a(5), Article 54a, Articles 62a(1), 62a(3) or 62a(4), Article 67a, Article 68(7), Article 76a, Article 77, Article 81(3), Articles 85(4) or 85(5), Articles 87(4), 87(5), 87(6), 87(7) and 87(8), Article 89(3), Article 90(5), Article 91(3), Articles 97(5), 97(6) and 97(7), Articles 98(7) and 98(8), Article 103(3), Article 105(6), Article 110(4), Articles 111(7) and 111(8), Article 113(6) new, Articles 115(3) and 115(5)new, Articles 116(5), 116(6) and 116(7), Articles 124(9) and 124(10) and Article 132(9) shall be conferred on the Commission for a period of five years from ...(9). The Commission shall draw up a report in respect of the delegated powers no later than nine months before the end of this five years period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three month before the end of each period. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union. 3. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act. The delegation of power may be revoked at any time by the European Parliament or by the Council. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.[Am. 28] Article 141ba Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 141b(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council. [Am. 29] Article 141c Implementing acts - Committee Procedure [To be completed following the adoption of the Regulation laying down the rules and general principles concerning mechanisms for control envisaged in Article 291(2) TFEU, which is currently under discussion before the PE and the Council.] 1. The Commission shall be assisted by the Committee for Direct Payments. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers*. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. * OJ L 55, 28.2.2011, p. 13. "[Am. 30] Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. It shall apply from ... This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at …, For the European Parliament The President For the Council The President
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| Support for rural development by the European Agricultural Fund for Rural Development ***I |
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2010)0537), – having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0295/2010), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies and by the Polish Diet and Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, – having regard to the opinion of the European Economic and Social Committee of 16 February 2011(1), – having regard to Rule 55 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 Regional Development (A7-0161/2011), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 4 July 2012with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee(2), Acting in accordance with the ordinary legislative procedure(3), Whereas: (1) Council Regulation (EC) No 1698/2005(4) confers powers on the Commission in order to implement some of the provisions of that Regulation. (2) As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1698/2005 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). (3) The Commission should haveIn order to ensure the proper functioning of the regime established by Regulation(EC) No 1698/2005, the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amendon the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending certain non-essential elements of that Regulation (EC) No 1698/2005. 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 the Council. [Am. 1] (4) In order to guarantee aensure uniform applicationconditions for the implementation of of Regulation (EC) No 1698/2005 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty., implementing powers should be conferred on the Commission. Those powers, save where explicitly provided otherwise, the Commission should adopt those implementing acts, should be exercised in accordance with the provisions of Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers(5).[Am. 2] (5) Some of the provisions on rural development that have so far been adopted by the Commission under the powers conferred on it by Regulation (EC) No 1698/2005 are considered of such importance that they should be incorporated in that Regulation. (6) In order to ensure a uniform presentation of updates of national strategy plans by Member States, the Commission should be able to set out uniform rules by means of implementing acts. (7) Member States and the Commission are required to report on the monitoring of the national and Community strategy. In order to reduce the administrative burden and to avoid duplication of work, the number of strategic summary reports submitted by each Member State should be reduced to two and their content simplified. (8) In order to ensure that the assessment of the rural development programmes submitted by the Member States in accordance with Article 18(2) of Regulation (EC) No 1698/2005 may be done in a uniform and comparable manner, the Commission should, by means of implementing acts, adopt uniform rules for the presentation of rural development programmes. (9) In the interest of legal certainty, rural development programmes should be approved by the Commission by means of implementing acts. (10) In order to ensure transparency and efficiency in the adoption of rural development programmes, the Commission should be able to lay down the relevant procedures by means of implementing acts. (11) The Commission should also, by means of implementing acts, adopt decisions on requests to revise rural development programmes after the submission of such requests by Member State. (12) In order to ensure transparency and efficiency in the revision of rural development programmes, the Commission should, by means of implementing acts, lay down the relevant procedures. (13) The use of advisory services should help farmers to assess the performance of their agricultural holding and identify necessary improvements with regard to the statutory management requirements and the good agricultural and environmental condition as provided for in Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers(6) and the Community standards relating to occupational safety. Taking into account that the support for the use of advisory services has been available already for several years, a more tailor-made use should be facilitated, to better reflect the individual needs of the beneficiary. (14) As a follow up to the Commission Communication on a Better Functioning Food Supply Chain in Europe and the High Level Expert Group on Milk(7), the current funding possibilities to support the setting up and administrative operation of producer groups should be extended to all Member States. However, in order to avoid cases where support could be granted simultaneously from different sources, support for setting up of producer groups in the fruit and vegetables sector should be excluded. (15) Multiannual commitments under certain measures should normally be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission should be able to approve rural development programmes that contain a longer period for particular types of commitments in order to take account of special circumstances in certain areas. (16) Member States are required to confirm the delimitation of mountain areas and areas affected by specific handicaps and to delimitate areas affected by significant natural handicaps. The Commission should by means of implementing acts define the specific provisions according to which these areas are confirmed or delimitated in order to ensure that this is done in accordance with uniform criteria by all Member States. (17) Article 10 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora(8), requires Member States, with a view to improve the ecological coherence of the Natura 2000 network, to endeavour to encourage the management of features, which, by virtue of their linear and continuous structure or their function as stepping stones, are essential for the migration, dispersal and genetic exchange of wild species. Such areas should be made eligible for Natura 2000 payments. However, in order to ensure that payments continue to be primarily used for the designated Natura 2000 sites, it is appropriate to limit their proportion compared to Natura 2000 areas designated. (18) Where a Member State decides to make use of the option to consider non-compliance as minor or not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, in the following year, verify that the farmer remedies the findings of the non-compliance concerned. However, in order to ease the administrative burden, consideration should be given to simplifying the follow-up checks system. (19) Each Member State is required to establish a national rural network. In order to ensure that the various national rural networks are set-up in a coherent and uniform manner, the Commission should, by means of implementing acts, fix details concerning the establishment and the operation of those networks. (20) In order to ensure an objective and transparent distribution of commitment appropriations available to the Member States, the Commission should, by means of implementing acts, make an annual breakdown by Member State. Given the special nature of those acts, the Commission should be empowered to adopt them without the assistance of the committee provided for in Regulation (EU) No 182/2011. (21) In order to be considered compatible with the internal market, any aid measure must contain some incentive element or require some counterpart on the part of the beneficiary. Aid which is granted retrospectively cannot be considered to contain the necessary incentive element. Consequently, in respect of measures falling within the scope of Article 42 of the Treaty, it should be provided that support is excluded for activities that have already been undertaken before submission of an application for support. (22) Member States should be required to undertake controls in accordance with the rules to be fixed by the Commission by means of delegated acts, notably regarding the type and intensity of controls, adapted to the nature of the different rural development measures. The Commission should further be empowered to fix, by means of implementing acts, uniform conditions for the implementation of controls by the authorities of Member States in order to ensure a coherent execution of controls. (23) A common monitoring and evaluation network should be drawn up in cooperation between the Commission and the Member States. In the interest of transparency, it should be adopted by the Commission by means of implementing acts. (24) The Member States are required to send to the Commission each year an annual progress report on the implementation of their rural development programmes. Details concerning the annual progress reports for specific programmes for the national rural networks should, by means of implementing acts, be fixed by the Commission, in order to ensure a uniform and comparable content. (25) An information system to permit the secure exchange of data of common interest between the Commission and each Member State should be established. The Commission should, by means of implementing acts, adopt uniform conditions for the operation of that system. (26) Regulation (EC) No 1698/2005 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1698/2005 is amended as follows: (1) Article 5 is amended as follows:
(2) In Article 12, the following paragraph is added:" 3. National strategy plans may be updated during the programming period. The Commission may, by means of implementing acts, lay down rules concerning those updates. "(3) In Article 13, paragraphs 1 and 2 are replaced by the following:" 1. Each Member State shall submit to the Commission two summary reports setting out the progress made in implementing its national strategy plan and objectives and its contribution to the achievement of Community strategic guidelines. The first report shall be submitted in 2010 and the second one in 2015, no later than on 1 October. 2. The report shall describe in particular:
(4) In Article 14(1), the first subparagraph is replaced by the following:" The Commission shall present two reports summarising the main developments, trends and challenges relating to the implementation of the national strategy plans and the Community strategic guidelines. The first report shall be presented in 2011 and the second in 2016. "(5) Article 18 is amended as follows:
(6) In Article 19, paragraph 2 is replaced by the following:" 2. The Commission shall, by means of implementing acts, adopt decisions on requests to revise rural development programmes after the submission of such requests by the Member States. In order to enable the Commission to apply efficient and proportionate procedures, the Commission may, by means of delegated acts, lay down the rules concerning the changes that do not require approval by the Commission or require approval without the assistance by the Committee referred to in Article 91c. Procedural provisions for the submission, assessment and approval of changes shall be adopted by the Commission by means of implementing acts. "(7) In Article 20(d), point (ii) is replaced by the following:"
(8) The following Article is inserted before Subsection 1:" Article 20a Specific conditions In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 20. "(9) In Article 24(1), the second subparagraph is replaced by the following:" As a minimum, theThe advisory service to farmers (including the provision of technical advice) shall in all cases cover one or more than one of the statutory management requirements and good agricultural and environmental conditions provided for in Articles 5 and 6 of and Annexes II and III to Regulation (EC) No 73/2009 and, where relevant, one or more of the occupational safety standards based on Union legislation. "[Am. 3] (10) In Article 32(1), point (b) is replaced by the following:"
(11) In Article 33, the following paragraph is added:" The support shall be granted to the producer groups consisting of operators actively participating in a food quality scheme as referred to in Article 32. Professional and/or inter-professional organisations representing one or more sectors cannot qualify as “producer groups’. "(12) In Article 35, paragraph 3 is replaced by the following:" 3. The support shall be granted to producer groups which are officially recognised by the Member State's competent authority by 31 December 2013. However, no support shall be granted for the setting up of producer groups in the fruit and vegetables sector. "(13) The following Article is inserted before Subsection 1:" Article 36a Specific conditions In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 36. "(14) In Article 38, paragraph 2 is replaced by the following:" 2. Support shall be limited to the maximum amount laid down in the Annex I to this Regulation. In order to avoid overlapping between support provided for in Article 20(c)(i) and support provided for in Article 36(a)(iii), the Commission shall, by means of delegated acts, lay down the rules concerning the disadvantages related to specific requirements introduced by Directive 2000/60/EC and fix the conditions as regards the amount of annual support for payments linked to that Directive. "(15) In Article 39(3), the second subparagraph is replaced by the following:" These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments. "(16) In Article 40(2), the second subparagraph is replaced by the following:" These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments. "(17) In Article 41, the following paragraph is added:" For benefiting from such support the investments concerned must not lead to any significant increase in the value or profitability of the agricultural or forestry holding. "(18) In Article 43(1), the following subparagraph is added:" For the purposes of point (c) of the first subparagraph, “farmers’ means persons whoThe aid to which this Article refers shall only apply to farmers or farmers’ associations that devote an essential part of their working time to agricultural activities and derive from them a significant part of their income according to criteria to be defined by the Member State. "[Am. 4] (19) In Article 47(1), the second subparagraph is replaced by the following:" These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments. "(20) In Article 49, the following paragraph is added:" For benefiting from such support the investments concerned must not lead to any significant increase in the value or profitability of the agricultural or forestry holding. "(21) Article 50 is amended as follows:
(22) Article 51 is amended as follows:
(23) The following Article is inserted before Subsection 1:" Article 52a Specific conditions In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 52. "(24) In Article 53, the following paragraph is added:" For the purposes of this Article a “member of the farm household’ shall mean a natural or legal person or a group of natural or legal persons, whatever legal status is granted to the group and its members in national law, with the exception of farm workers. Where a member of the farm household is a legal person or a group of legal persons, that member must exercise agricultural activity on the farm at the time of the support application. "(25) The following Article is inserted:" Article 63a Specific conditions In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 63. "(26) Article 66 is amended as follows:
(27) In Article 69, paragraph 4 is replaced by the following:" 4. The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 91c, make an annual breakdown by Member State of the amounts referred to in paragraph 1, after deduction of the amount referred to in paragraph 2, and taking into account:
(27a) In Article 69, the following paragraph is added:" 5d. Notwithstanding Article 29(1) of Regulation (EC) No 1290/2005, for Member States that have opted for regional programmes, the calculation of the automatic cancellation of financial resources may be made at the level of the Member State.“. "[Am. 6] (28) In Article 70, paragraph 1 is replaced by the following:" “1. The Decision adopting a rural development programme shall set the maximum contribution from the EAFRD for each axis. In order to allow Member States a certain degree of flexibility with regards to minor shifts of EAFRD funding among axes, a flexibility threshold shall be fixed by the Commission by means of delegated acts. The Decision shall clearly identify, where necessary, the appropriations allocated to the regions eligible under the Convergence Objective. "(29) Article 71 is amended as follows:
(30) In Article 74, paragraph 4 is replaced by the following:" 4. Member States shall undertake controls in accordance with rules fixed by the Commission, by means of delegated acts, regarding the principles of controls, sanctions, exclusions and the recovery of undue payments, adapted to the nature of the different rural development measures in order to ensure efficiency in their application and equal treatment of all beneficiaries. The Commission shall, by means of implementing acts, lay down uniform conditions for the implementation of controls by the authorities of the Member States. "(31) In Article 78, the following subparagraph is added:" For the purposes of point (f), “substantial proposal for changes’ shall cover the changes which require approval by the Commission by means of implementing acts, with the exception of the changes referred to in the second subparagraph of Article 19(2), as well as changes of financial breakdown by measure within an axis, changes concerning the introduction of new measures and types of operations and the withdrawal of existing measures and types of operations. "(32) Article 80 is replaced by the following:" Article 80 Common monitoring and evaluation framework The common monitoring and evaluation framework shall be drawn up in cooperation between the Commission and the Member States and shall be adopted by the Commission by means of implementing acts. The framework shall specify a limited number of common indicators applicable to each programme. "(33) In Article 82, paragraph 4 is replaced by the following:" 4. The Commission shall, by means of implementing acts, adopt rules concerning annual progress reports for specific programmes pursuant to Article 66(3). "(34) In Article 86, the following paragraph is added:" 9. In order to ensure that evaluations are carried out within the time schedule fixed in this Article, the Commission may, by means of delegated acts, lay down the appropriate penalties for the non-respect of these time schedules. "(35) The following Article is inserted in Title IX:" Article 89a Exchange of information and documents The Commission, in collaboration with the Member States, shall establish an information system to permit the secure exchange of data of common interest between the Commission and each Member State. The Commission shall, by means of implementing acts, adopt uniform conditions for the operation of that system. "(36) Articles 90 and 91 are deleted. (37) The following Articles are inserted:" Article 91a Commission powers Where competences are conferred on the Commission, it shall act in accordance with the procedure referred to in Article 91b, in the case of delegated acts, and in accordance with the procedure referred to in Article 91c, in the case of implementing acts, save where explicitly provided otherwise in this Regulation. Article 91b Delegated acts 1. The powerspower to adopt the delegated acts referred to in this Regulation shall beis conferred on the Commission for an indeterminate period of timesubject to the conditions laid down in this Article. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 2. The delegation of power may be revoked at any time by the European Parliament or by the Council.referred to in Article 5(2) and (6), the second subparagraph of Article 19(2), Article 20a, Article 32(1)(b), Article 36a, Article 38(2), Article 51(4), Articles 52a and 63a, Article 66(2), Article 70(1), Article 71(5), the first sentence of Article 74(4), Article 86(9) and Article 92(1) shall be conferred on the Commission for a period of five years from ...(9). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three month before the end of each period. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. 3. TheThe delegation of power may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the powerspower specified in that decision. It shall take effect immediatelythe day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of theany delegated acts already in force. It shall be published in the Official Journal of the European Union. 3. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by [two] months. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. If the European Parliament or the Council objects to a delegated act, the act shall not enter into force. The institution that objects to the delegated act shall state the reasons for its objections. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 9] Article 91c Implementing acts – Committee [To be completed following the adoption of the Regulation laying down the rules and general principles concerning mechanisms for control envisaged in Article 291(2) TFEU, which is currently under discussion before the PE and the Council.] 1. The Commission shall be assisted by the Rural Development Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers*. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. * OJ L 55, 28.2.2011, p. 13. "[Am. 10] (38) In Article 92, paragraph 1 is replaced by the following:" 1. Should specific measures be necessary to facilitate the transition from the system in force to that established by this Regulation, such measures shall be adopted by the Commission, by means of delegated acts. "(39) In Annex I, footnote reference (***) is replaced by the following:" (***) In order to take account of the special circumstances that exist in Malta, the Commission may, by means of delegated acts, set a minimum amount of aid for sectors of production in which total output is extremely small. "Article 2 This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at …, For the European Parliament The President For the Council The President
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| Common organisation of agricultural markets and specific provisions for certain agricultural products ***I |
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2010)0799), – having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0008/2011), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Luxembourg Chamber of Deputies, by the Polish Diet and the Polish Senate and by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, – having regard to the opinion of the European Economic and Social Committee of 15 March 2011(1), – having regard to Rule 55 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A7-0322/2011), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation ..../2012 of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 42 and Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee(2), Acting in accordance with the ordinary legislative procedure(3), Whereas: (1) Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(4) has been amended several times. Further amendments are needed as a consequence of the entry into force of the Lisbon Treaty, in order to align the powers conferred on the European Parliament and the Council, and in particular those conferred on the Commission to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). In view of the scope of those amendments, it is appropriate to repeal Regulation (EC) No 1234/2007 and to replace it with a new Single CMO Regulation. In the interest of technical simplification, it is appropriate to incorporate Council Regulation (EEC) No 922/72 of 2 May 1972 laying down general rules for granting aid in respect of silkworms for the 1972/73 rearing year(5) in this Regulation. Regulation (EEC) No 922/72 should therefore be repealed as well. (2) By virtue of Article 43(3) of 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. [Am. 1] (3) 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) The Commission should have In order to ensure the proper functioning of this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amendon the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending certain non-essential elements of this Regulation. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. Due attention should be paid to regional and local authorities, island, sparsely populated and mountainous regions and outermost regions, so as not to aggravate the constraints that such regions already face in the present crisis. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 2] (5) The use of an 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. (6) Pursuant to Article 291 of the Treaty Member States should be responsible for implementing the common organisation of agricultural markets (hereinafter CMO) established in this Regulation. In order to ensure that the CMO is implemented in the Member States in a uniform manner and to avoid unfair competition or discrimination between operators, the Commission should be able to adopt implementing acts in accordance with Article 291(2) of the Treaty. The Commission should, therefore, be granted implementing powers under that provision, in particular as regards the uniform conditions under which market intervention measures apply, the uniform conditions for implementing aid schemes and for applying rules concerning marketing and production, and rules related to trade with Third countries. The Commission should also define the minimum characteristics for checks which Member States must apply. (7) In addition, in order to ensure the efficiency of the schemes established by the Single CMO, the Commission should be given the necessary powers for market management measures and daily management tasks. In order to ensure the smooth functioning of the Single CMO, powers should also be conferred on the Commission for regulating certain issues of a rather technical character and for adopting rules on notifications, information and reporting, procedures and technical criteria related to products and operators eligible for market support. Additionally, in order to ensure the proper working of the CMO, the Commission should also determine, in particular, dates, time limits, operative events for exchange rates, representative periods and interest rates and, as regards aid schemes, the Commission should be empowered, in particular, with the legal basis to fix aid and to adopt rules on the management, monitoring and evaluation of programmes, the publicising of the benefit of aids paid and rules related to the implementation of plans for social schemes. The Commission should be empowered to define procedures related to the payment of aid and advances of aid. (8) Furthermore, in order to achieve the aims of the Single CMO and to respect its principles, the Commission should be entrusted with the power to adopt rules, including on the management of schemes aimed at limiting the production of milk, sugar and wine, inspections and checks and should also have the power to fix the amount of securities, to determine the rules and procedures regarding the recovery of undue payments and to adopt the rules on contracts related to market support. (9) Further, in the wine sector, the Commission should also be entrusted with the power to ensure that applications for designations of origin, geographical indications, as well as traditional terms, satisfy the conditions laid down by this Regulation to ensure uniform application across the Union. As regards presentation and labelling of the products of the wine sector, the Commission should be given the competence to adopt all necessary rules related to procedures, notifications and technical criteria. (10) In order to ensure the achievement of the objectives of the legislative framework established by this Regulation, the Commission should also have permanent monitoring powers related to certain activities of producer organisations, producer groups, interbranch organisations and operator organisations. Moreover, in order to preserve the structure defined by the Single CMO and its essential parameters, the Commission should be given the competence to adopt all necessary rules related to exceptional market measures and exceptional management measures, intended to solve urgent and unforeseen problems occurring in one or more Member States. (11) Save where explicitly provided otherwise,In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. should adopt Those implementing actspowers should be exercised in accordance with the provisions of Regulation (EU) No 182/2011 of the European Parliament and the Council on [title of Regulation]of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers(6). [Am. 3] (12) In respect of certain measures under this Regulation which require swift action or which consist in the mere application of general provisions to specific situations without involving discretion, the Commission should be empowered to adopt implementing acts without the assistance of the Committeeapplication of Regulation (EU) No 182/2011. [Am. 4] (13) The Commission should further be empowered to carry out certain administrative or management tasks which do not entail the adoption of delegated or implementing acts. (14) Replacement by a new Single CMO Regulation should not lead to calling into question the policy decisions that have been taken over the years in the common agricultural policy (hereinafter CAP). The purpose of this Regulation should, therefore, essentially be the alignment to the Treaty of the powers conferred on the Commission. It should not, therefore, repeal or change existing provisions for which existing justification remains valid, unless those provisions have become obsolete, nor should it provide for new rules or measures. The exceptions to this approach concern the distribution of food products to the most deprived persons in the Union, and aid granted in the framework of the German alcohol monopoly. Provisions on marketing standards reflect proposals made in the context of a comprehensive review of quality policy. (15) Marketing years should be fixed for cereals, rice, sugar, dried fodder, seeds, olive oil and table olives, flax and hemp, fruit and vegetables, bananas, milk and milk products, and silkworms, mainly adapted to the biological production cycles of each of those products. (16) In order to stabilise the markets and to ensure a fair standard of living for the agricultural community, a differentiated system of price support for the different sectors has been developed, in parallel to the introduction of direct support schemes, taking account of the different needs in each of these sectors on the one hand and the interdependence between different sectors on the other. Those measures take the form of public intervention or, as the case may be, the payment of aid for the private storage of products of the cereals, rice, sugar, olive oil and table olives, beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors. Given the objectives of the subsequent amendments to Regulation (EC) No 1234/2007, in particular by Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007(7), and on the basis of the justification presented therein, there is, therefore, a need to maintain price support measures where they are foreseen in the instruments as they were developed in the past, without making any substantial changes as compared to the previous legal situation. (17) For the sake of clarity and transparency, the provisions governing those measures 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. (18) The CMOs for cereals, beef and veal, and milk and milk products contained provisions according to which the Council, acting in accordance with the procedure laid down in Article 37(2) of the Treaty establishing the European Community, had the power to change the price levels. Given the sensitivity of the price systems it should be made clear that the possibility under Article 43(2) of the Treaty to change price levels exists with regard to all sectors covered by this Regulation. (19) Reference prices should be fixed for standard qualities of white sugar and raw sugar. Such standard qualities should be average qualities representative of sugar produced in the Union and defined on the basis of criteria used by the sugar trade. It should also be possible to review the standard qualities to take account, in particular, of commercial requirements and developments in technical analysis. (20) To ensure reliable information on Union market prices for sugar, a price reporting system should be provided for by this Regulation, on the basis of which market price levels for white sugar should be determined. (21) On the basis of the amendments introduced by Regulation (EC) No 72/2009 the system of intervention for cereals, rice, butter, and skimmed milk powder is opened during certain periods of the year. In respect of the beef and veal sector the opening and closing of public intervention should be dependent on market price levels during a certain period. (22) The price level at which buying-in under public intervention should be carried out was, in the past, decreased in the CMOs for cereals, rice and beef and veal and fixed along with the introduction of direct support schemes in those sectors. Aid under those schemes on the one hand and intervention prices on the other are, therefore, closely linked. For the products of the milk and milk products sector, that price level was fixed in order to promote consumption of the products concerned and improve their competitiveness. Those policy decisions still remain valid. (23) This Regulation should provide for the possibility of disposal of products bought into public intervention. Such measures should be taken in a way that avoids market disturbances and that ensures equal access to the goods and equal treatment of purchasers. (24) The objectives of the CAP as defined in Article 39(1) of the Treaty include stabilising the markets as well as ensuring that supplies reach consumers at reasonable prices. Over the years the food distribution scheme has successfully underpinned the fulfilment of both objectives. It should continue to guarantee the aims of the CAP and help achieve cohesion objectives. However, successive reforms of the CAP have resulted in a progressive reduction in intervention stocks, as well as the range of products available. Consequently, market purchases should also be made a permanent source of supply for the scheme. (25) In order to ensure sound budgetary management and to fully benefit from the cohesive dimension of the Union scheme, a fixed ceiling of Union aid should be provided for and provision should be made for Member States to co-finance the food distribution programme. Furthermore, experience has shown that a longer term perspective is required for the scheme. The Commission should therefore establish three-year-plans for the implementation of the scheme and Member States should prepare national food distribution programmes setting out their objectives and priorities for the scheme, including nutritional considerations. In addition, Member States should undertake adequate administrative and physical checks and provide penalties in case of irregularities in order to ensure that the three-year plan is implemented in accordance with the applicable rules. (26) In order to ensure a transparent, coherent and efficient operation of the most deprived scheme the Commission should adopt the procedures for the adoption and revision of three-year plans and should proceed to the adoption of those plans and, where necessary, their revisions. The Commission should also adopt provisions on additional elements to be included in the three-year plans, rules for the supply of products as well as procedures and time limits applicable to withdrawals of intervention products, including transfers between Member States and rules on the format of national food distribution programmes and annual implementation reports. Furthermore, in order to ensure uniformity in the implementation of the three year plans by Member States, the Commission should adopt the procedures for the reimbursement of costs of the charitable organisations that Member States chose to consider eligible including time limits and financial ceilings, the conditions pertaining to the invitation to tender and the conditions applicable to food products and their supply. Moreover, rules should be adopted laying down the obligations of Member States concerning checks, procedures and deadlines for payments, reductions for their non-respect as well as accounting provisions and the tasks to be fulfilled by national intervention bodies including in the case of transfers between Member States. (27) In order to contribute to balancing the milk market and to stabilising market prices, this Regulation provides for the granting of aid for private storage in respect of certain butter products. Moreover, the Commission should be empowered to decide to grant aid for private storage for white sugar, certain kinds of olive oil and of certain beef and veal products, pigmeat, and sheepmeat and goatmeat. (28) 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. (29) Restrictions to free circulation resulting from the application of measures intended to combat the spread of animal diseases could cause difficulties on the market in certain products in one or more Member States. Experience shows that serious market disturbances such as a significant drop in consumption or in prices may be attributed to a loss in consumer confidence due to public health or animal health risks. (30) The exceptional market support measures for beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat should be directly related to or consequent upon health and veterinary measures adopted in order to combat the spread of disease. They should be taken at the request of Member States in order to avoid serious disruption on the markets concerned. (31) The possibility for the Commission to adopt special intervention measures where this proves to be necessary in order to react efficiently and effectively against threats of market disturbances in the cereals sector and in order to prevent large-scale application of public intervention in certain regions of the Union in the rice sector or to make up for paddy rice shortages following natural disasters should be provided for. (32) A minimum price should be fixed for quota beet corresponding to a standard quality which should be defined, in order to ensure a fair standard of living for the Union growers of sugar beet and sugar cane. (33) 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 the interprofessional agreements should be established. (34) The diversity of natural, economic and technical situations makes it difficult to provide for uniform purchase terms for sugar beet throughout the Union. Agreements within the trade already exist between associations of sugar beet growers and sugar undertakings. Therefore, framework provisions should define only the minimum guarantees required by both sugar beet growers and the sugar industry to ensure a smooth functioning of the sugar market with the possibility to derogate from some rules in the context of an agreement within the trade. (35) The production charge provided for in the sugar sector to contribute to the financing of the expenditure occurring should be provided for in this Regulation. (36) To maintain the structural balance of the markets in sugar at a price level close to the reference price, the possibility to decide to withdraw sugar from the market for as long as it takes for the market to rebalance should be provided for. (37) 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. Such measures may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned. (38) In the sugar sector the quantitative limitation of production has been an essential market policy instrument. The reasons which in the past led the Community to adopt production quota systems in the sugar sector remain valid. (39) The sugar quota scheme under this Regulation should in particular maintain the legal status of the quotas in so far as, according to the case-law of the Court of Justice of the European Union, the system of quotas constitutes a mechanism for regulating the market in the sugar sector aiming to ensure the attainment of public interest objectives. (40) This Regulation should provide for the possibility to adjust sugar quotas in order to reflect Member States´ decisions regarding the reallocation of national quotas. (41) In the light of the need to allow for a certain amount of national flexibility in relation to the structural adjustment of the processing industry and of beet and cane growing during the period in which the quotas are to be applied, the possibility for Member States to be allowed to alter the quotas of undertakings within certain limits whilst not restricting the operation of the restructuring fund as an instrument should be provided for. (42) In order to avoid that surplus sugar distorts the sugar market, the Commission should be enabled, according to certain criteria, to provide for carrying forward the surplus sugar, isoglucose or inulin syrup to be treated as quota production of the following marketing year. Moreover, if, for certain quantities, the applicable conditions are not met, provision is also made for a levy on the surplus in order to avoid the accumulation of those quantities threatening the market situation. (43) The milk quota system should be maintained until its expiration in 2015, including the application of a levy to quantities of milk collected or sold for direct consumption above a certain guarantee threshold. (44) The distinction between deliveries and direct sales of milk should be maintained and the scheme should be applied on the basis of individual representative fat contents and a national reference fat content. Farmers should be authorised under certain conditions to temporarily transfer their individual quota. Moreover the principle should be maintained that when a farm is sold, leased or transferred by inheritance, the corresponding quota is transferred to the purchaser, tenant or heir together with the relevant land, while the exceptions to the principle that quotas are tied to farms in order to continue the restructuring of milk production and improve the environment should be maintained. In line with the various types of transfer of quotas and using objective criteria, rules authorising Member States to place part of the transferred quantities in the national reserve should be provided for. (45) The surplus levy payable on milk and other milk products should be set at a dissuasive level and be payable by the Member States as soon as the national quota is exceeded. The Member State should then divide the burden of payment among the producers who have contributed to the overrun. Those producers should be liable vis-à-vis the Member State for payment of their contribution to the levy due by virtue of the fact of having overrun their available quantity. Member States should pay to the European Agricultural Guarantee Fund (EAGF) the levy corresponding to the overrun of their national quota, reduced by a flat-rate amount of 1 % in order to take account of cases of bankruptcy or the definitive inability of certain producers to make their contribution to the payment of the levy due. (46) The main purpose of the milk quota system of reducing the imbalance between supply and demand on the respective market and the resulting structural surpluses, thereby achieving a better market equilibrium, appeared to reduce market orientation because it distorted farmers' response to price signals and prevented efficiency gains in the sector by slowing down restructuring. The phasing-out of dairy quotas by annual increases of 1 % has been provided per marketing year from 2009/2010 to 2013/2014. In the context of the restructuring of the sector, Member States should be permitted until 31 March 2014 to grant an additional national aid within certain limits. The quota increases incorporated in Regulation (EC) No 1234/2007, as amended by Council Regulation (EC) No 248/2008(8), and the 1 % annual increase, along with the other changes which reduce the likelihood of the surplus levy being incurred mean that only Italy would be at risk of the levy being incurred on the basis of current production patterns if annual increases of 1 % were applied from the 2009/2010 period until 2013/2014. Therefore, taking into account the current production patterns in all Member States, the increase in quota has been frontloaded for Italy in order to avoid this risk. (47) Regulation (EC) No 1234/2007 provides for different kinds of aid schemes. The scheme for dried fodder and for flax and hemp provided for processing aids for these sectors as a means to govern the internal market in respect of the sectors concerned. As a result of the amendments made by Regulation (EC) No 72/2009 and pursuant to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003(9), aid will continue to be provided for dried fodder until 1 April 2012, and long flax fibre, short flax fibre and hemp fibre until the marketing year 2011/2012. The system of potato starch quotas provided for in Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 72/2009, and the related minimum price applies only to the end of the 2011/12 marketing year. (48) To contribute to balancing the milk market and to stabilise the market prices for milk and milk products, measures are needed to increase the possibility of disposing of milk products. This Regulation should provide for the grant of aids for the marketing of certain milk products with a view to specific uses and destinations. Moreover, it should provide that, in order to stimulate the consumption of milk by young people, the Union should defray a part of the expenditure occasioned by granting aid for the supply of milk to pupils in schools. (49) The possibility should be provided for of the granting of a production refund in cases where, with regard to the manufacturing of certain industrial, chemical or pharmaceutical products, the need arises to take measures aimed at making available certain sugar products. (50) In accordance with Regulation (EC) No 73/2009, the hops area payment was decoupled from 1 January 2010. In order to allow the hop producer organisations to continue their activities as before, a specific provision should be made for equivalent amounts to be used in the Member State concerned for the same activities. (51) Union financing, consisting of the percentage of direct aid that Member States are allowed to withhold in accordance with Regulation (EC) No 73/2009, is required to encourage approved operator organisations to draw up work programmes for the purpose of improving the production quality of olive oil and table olives. In that context, this Regulation should provide for Union support to be allocated in accordance with the priorities given to the activities undertaken within the work programmes in question. (52) This Regulation distinguishes between on the one hand fruit and vegetables, which includes fruit and vegetables for marketing and fruit and vegetables intended for processing, and on the other hand processed fruit and vegetables. Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing. (53) Producer organisations are the basic actors in the fruit and vegetables regime. 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 should be effected on a voluntary basis and prove its utility by the scope and efficiency of the services offered by producer organisations to their members. Since producer organisations act exclusively in the interests of their members, they should be deemed as acting in the name and on behalf of their members in economic matters. (54) The production of fruit and vegetables is unpredictable and the products are perishable. Even limited surpluses can significantly disturb the market. Therefore, measures for crisis management should be put in place. In order to provide for increased attractiveness of producer organisations, those measures should be integrated into operational programmes. (55) 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. (56) Producer groups in the fruit and vegetables sector in Member States which acceded to the European Union on 1 May 2004 or after that date, in certain outermost regions of the Union or in the smaller Aegean Islands 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 Union financial support can be given against certain commitments by the producer group. (57) In order to give producer organisations in the fruit and vegetables sector greater responsibility for their financial decisions in particular and to gear the public resources assigned to them towards future requirements, terms should be set for the use of these resources. Joint financing of operational funds set up by producer organisations is an appropriate solution. Additional scope for financing should be permitted in particular cases. Operational funds should only be used to finance operational programmes in the fruit and vegetables sector. In order to control Union expenditure, there should be a cap on assistance granted to producer organisations that establish operational funds. (58) In regions where the organisation of production in the fruit and vegetables sector 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 Union. (59) In order to simplify and reduce the cost of the scheme, the procedures and rules for the eligibility of expenditure under operational funds should, where possible, be aligned with those of rural development programmes by requiring Member States to establish a national strategy for operational programs. (60) It is desirable to address the low consumption of fruit and vegetables amongst children by durably increasing the share of fruit and vegetables in the diets of children at the stage when their eating habits are being formed. Provision should therefore be made for Union aid to co-finance the supply to children in educational establishments of products of the fruit and vegetables, processed fruit and vegetables, and bananas sector, and certain related costs linked to logistics and distribution, equipment, publicity, monitoring and evaluation. In order to ensure orderly implementation Member States wishing to make use of the school fruit scheme should draw up a prior strategy, including amongst others the list of products eligible, selected on the basis of objective criteria including seasonality, availability, or environmental concerns. (61) In order to ensure a sound budgetary management of the school fruit scheme, a fixed ceiling of Union aid and maximum co-financing rates should be provided for. Union aid should not be used to replace funding for any national existing school fruit scheme. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to the school fruit scheme with contributions from the private sector. In order to make their scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid. (62) It is important to provide for support measures in the wine sector which are liable to strengthen competitive structures. While those measures should be financed and defined by the Union, it should be left to Member States to select the appropriate set of measures to meet the needs of their regional bodies, taking their particularities into account, where necessary, as well as to integrate them into national support programmes. Member States should be responsible for the implementation of such programmes. (63) 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 the 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. (64) Preventive instruments such as harvest insurance, mutual funds and green harvesting should be eligible for support under the wine support programmes so as to encourage a responsible approach to crisis situations. (65) For various reasons Member States may prefer granting decoupled aid under the Single Payment Scheme to farmers. This possibility should therefore be open to Member States, and because of the particularities of the Single Payment Scheme any such transfer should be irreversible and reduce correspondingly the budget available for the national support programmes for wine in subsequent years. (66) Support for the wine sector should also come from structural measures under Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)(10). In order to increase the financial means available under Regulation (EC) No 1698/2005, a gradual transfer of funds to the budget under that Regulation should be put into place where the relevant amounts are sufficiently important. (67) In order to improve the operation of the market for wines, Member States should be able to implement decisions taken by inter-branch organisations. The scope of such decisions should, however, exclude practices which could distort competition. (68) The surplus production of wine in the Union has been made worse as a result of violations of the transitional prohibition on new plantings. A significant number of unlawful plantings exist in the Union, which constitutes a source of unfair competition, exacerbates the problems of the wine sector and must be dealt with. (69) While the transitional prohibition on new plantings has had some effect on the balance between supply and demand in the wine market, it has at the same time created an obstacle for competitive producers who wish to respond flexibly to increased demand. As a market balance has not yet been found, and as the accompanying measures such as the grubbing-up scheme need time to take effect, it is expedient to keep the prohibition on new plantings in place until 31 December 2015, at which juncture, however, it should be definitely lifted in order to permit competitive producers to respond freely to market conditions. However, Member States should be given the possibility to extend the prohibition for their territories until 31 December 2018 if they consider doing so necessary. (70) In order to improve the management of wine-growing potential and to promote the efficient use of planting rights and thus to further mitigate the effect of the transitional restriction on plantings, some flexibility such us the systems of national or regional reserves should continue to exist. (71) The proper working of the single market would be jeopardised by the granting of national aids. The provisions of the Treaty governing State aids should in principle apply to the products of the wine sector covered by the CMO for wine. However, the provisions on the grubbing-up premium and certain measures under the support programmes should not by themselves preclude the granting of national aid for the same purposes. (72) To make provision for the incorporation of the wine sector into the Single Payment Scheme, all actively cultivated wine-growing areas should be made eligible for the Single Payment Scheme provided for in Regulation (EC) No 73/2009. (73) Beekeeping, being a sector of agriculture, 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 for 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 should be drawn up every three years, comprising technical assistance, control of varroasis, rationalisation of transhumance, management of the restocking of hives in the Union, and cooperation on research programmes on beekeeping and apiculture products 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. (74) Union aid for silkworm rearing should be granted per box of silkworm eggs used. (75) The application of standards for the marketing of agricultural products can contribute to improving the economic conditions for the production and marketing as well as the quality of such products. The application of such standards is therefore in the interest of producers, traders and consumers. (76) Following the Communication from the Commission on agricultural product quality policy(11) and subsequent debates, it is deemed appropriate to maintain marketing standards by sectors or products, in order to take account of the expectations of the consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality. (77) In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to provisions adopted in the food sector and, in particular, general food law contained in 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(12) and principles and requirements thereof, 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 with the general marketing standard. (78) For some sectors and/or products, definitions, designations and/or sales descriptions are an important element for the determination of conditions of competition. Therefore, it is appropriate to lay down definitions, designations and sales descriptions for those sectors and/or products, which should only be used in the Union for the marketing of products which comply with the corresponding requirements. (79) Regulation (EC) No 1234/2007 has maintained the sectoral approach provided by the previous CMOs on the marketing standards. It is appropriate to introduce provisions of a horizontal nature. (80) Under Regulation (EC) No 1234/2007 the Commission has, so far, been entrusted with the adoption of the provisions on marketing standards for certain sectors. Given their detailed technical character and the need to constantly improve their effectiveness and to adapt them to evolving trade practices, it is appropriate to extend this approach to all marketing standards, while specifying the criteria to be taken into account in setting out the relevant rules. (81) Marketing standards should apply to enable the market to be supplied with products of standardised and satisfactory quality. They should relate, in particular, to definitions, grading into classes, presentation and labelling, packaging, production method, conservation, transport, information on producers, content of certain substances, related administrative documents, storage, certification and time limits. (82) In particular, taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine appropriate indications of 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. (83) When defining the marketing standards by sectors or products, the Commission should take into account the expectations of the consumers, the specificity of each sector and recommendations of international bodies. (84) Moreover, provision should be made for the adoption of special measures, when needed, in particular relating to methods of analysis, in order to avoid abuses as regards the quality and authenticity of the products presented to consumers. (85) In order to guarantee compliance with the marketing standards, checks and penalties should be provided for in case of non-compliance with the obligations in that respect. Member States should assume the responsibility of such checks. (86) Marketing standards should, in principle, apply to all products marketed in the Union. (87) It is appropriate to provide for special rules in respect of products imported from third countries according to which special provisions in force in certain third countries may justify derogations from the marketing standards if their equivalence to Union legislation is guaranteed. (88) As regards spreadable fats it is appropriate to introduce the possibility for Member States to maintain or adopt certain national rules on quality levels. (89) Provisions concerning wine should be applied in the light of the agreements concluded under Article 218 of the Treaty. (90) It is appropriate to lay down rules for the classification of wine grape varieties, according to which Member States producing more than 50 000 hectolitres per year continue to be responsible for classifying the wine grape varieties from which wine may be made on their territories. Certain wine grape varieties should be excluded. (91) 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). (92) For the wine sector, Member States should be allowed to limit or to exclude the use of certain oenological practices and be allowed to keep more stringent restrictions for wines produced in their territory, as well as experimental use of unauthorised oenological practices under conditions to be defined. (93) The concept of quality wines in the Union is based, inter alia, on the specific characteristics attributable to the wine's geographical origin. Such wines are identified for consumers via protected designations of origin and geographical indications. In order to allow for a transparent and more elaborate framework underpinning the claim to quality by the products concerned, a regime should be established under which applications for a designation of origin or a geographical indication are examined in line with the approach followed under the Union's horizontal quality policy applicable to foodstuffs other than wine and spirits 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(13). (94) In order to preserve the particular quality characteristics of wines with a designation of origin or a geographical indication, Member States should be allowed to apply more stringent rules in that respect. (95) To qualify for protection in the Union, designations of origin and geographical indications for wine should be recognised and registered at Union level. To ensure that the respective names meet the conditions laid down by this Regulation, applications should be examined by the national authorities of the Member State concerned, subject to compliance with minimum common provisions, including a national objection procedure. The Commission should subsequently scrutinise applications to ensure that there are no manifest errors and the Union law and the interest of stakeholders outside the Member State of application are taken into account. (96) Protection should be open to designations of origin and geographical indications of third countries where they are protected in their country of origin. (97) The registration procedure should enable any natural or legal person having a legitimate interest in a Member State or a third country to exercise his rights by notifying his objections. (98) Registered designations of origin and geographical indications should enjoy protection against uses which unduly take advantage of the reputation that complying products command. So as to promote fair competition and not to mislead consumers, this protection should also affect products and services not covered by this Regulation, including those not found in Annex I to the Treaty. (99) Certain terms are traditionally used in the Union and convey information to consumers about particularities and quality of wines complementing the information conveyed by designations of origin and geographical indications. So as to ensure the working of the internal market and fair competition and to avoid consumers being misled, those traditional terms should be eligible for protection in the Union. (100) The description, designation and presentation of products of the wine sector covered by this Regulation can have significant effects on their marketability. Differences between the laws of the Member States on the labelling of products of the wine sector may impede the smooth functioning of the internal market. Rules should therefore be laid down which take into account the legitimate interests of consumers and producers. For this reason, it is appropriate to provide for Union rules on labelling. (101) When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, aid should be granted for Union-produced skimmed milk and skimmed-milk powder intended for use as feedingstuffs. The rules concerning the use of casein and caseinates in the manufacture of cheese are intended to counter adverse effects that may result from that aid scheme, taking into account the vulnerability of cheese to substitution operations with casein and caseinates, thereby contributing to stabilise the market. (102) This Regulation focuses on various kinds of organisations in order to achieve policy aims in particular with a view to stabilising the markets in, and of improving and guaranteeing the quality of, the products concerned through joint action. The relevant provisions of Regulation (EC) No 1234/2007 are based on organisations which are recognised by the Member States or, under certain conditions, by the Commission. Those provisions should be maintained. (103) In order to further boost, in the fruit and vegetable sector, the impact of producer organisations and associations thereof and in order to ensure the market as much stability as is desirable, Member States should be allowed, under certain conditions, to extend the rules to non-member producers in their region, particularly rules on production, marketing and environmental protection, adopted for its members by the organisation or association for the region concerned. (104) For the fruit and vegetable sector in particular it should, be possible to grant specific recognition to those organisations which provide proof of sufficient representativeness and carry out practical action in regard to the objectives of Article 39 of the Treaty. The provisions on extending the rules adopted by producer organisations and their associations and on sharing the costs resulting from such extension should, given the similarity of the objectives pursued, also apply to interbranch organisations. A similar approach should apply to interbranch organisations in the tobacco sector. (105) In order to ensure the rational development of production and so to ensure a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to realise these objectives of the common agricultural policy, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price, jointly 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. Such producer organisations should therefore also be eligible for recognition under the CMO. (106) Rules have been introduced at EU level for interbranch organisations in some sectors. These organisations can play useful roles in allowing dialogue between actors in the supply chain, and in promoting best practice and market transparency. Such rules should equally be applied in the milk and milk products sector, along with the provisions clarifying the position of such organisations under competition law whilst ensuring that they do not distort competition or the internal market or affect the good functioning of the common market organisation. (107) In certain sectors apart from those for which current rules provide for the recognition of producer or interbranch organisations, Member States may wish to recognise such kinds of organisations based on national law as far as this is compatible with Union law. (108) 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. (109) Monitoring trade flows is foremost a matter of management which should be addressed in a flexible way. The decision on the introduction of licence requirements should be made taking account of the need for licences for the management of the markets concerned and, in particular, for monitoring the imports of the products in question. (110) For the most part, the customs duties applicable to agricultural products under the World Trade Organisation (WTO) agreements are laid down in the Common Customs Tariff. However, for some products of the cereals and rice sectors, the introduction of additional mechanisms makes it necessary to provide for the possibility to adopt derogations. (111) In order to prevent or counteract adverse effects on the Union market which could result from imports of certain agricultural products, imports of such products should be subject to payment of an additional duty, if certain conditions are fulfilled. (112) It is appropriate, under certain conditions, to open and administer import tariff quotas resulting from international agreements concluded in accordance with the Treaty or from other acts. (113) The import levies on mixtures aim to ensure the proper working of the duty system for imports of mixtures of cereals, rice and broken rice. (114) This Regulation determines a traditional supply need for sugar for refining for a marketing year. To ensure supply for the refining industry in the Union, import licences for sugar for refining should be reserved for full time refiners during the first three months of each marketing year, within the limits set out by the traditional supply need. (115) In order to prevent illicit crops from disturbing the CMO for hemp for fibre, this Regulation should provide for checks on imports of hemp and hemp seed to ensure that such products offer certain guarantees with regard to the tetrahydrocannabinol content. In addition, imports of hemp seed intended for uses other than sowing should continue to be subject to a control system which makes provision for the authorisation of the importers concerned. (116) 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. (117) The possibility of prohibiting the use of inward and outward processing arrangements should be provided for. It is thus appropriate to enable suspension of the use of inward and outward processing arrangements in such situations. (118) 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. (119) Compliance with the limits in terms of value should be ensured at the time when the export refunds are fixed through the monitoring of payments under the rules relating to the EAGF. Monitoring can be facilitated by the compulsory advance fixing of export refunds, while allowing the possibility, in the case of differentiated refunds, of changing the specified destination within a geographical area to which a single export refund rate applies. In the case of a change of destination, the export refund applicable to the actual destination should be paid, with a ceiling on the amount applicable to the destination fixed in advance. (120) Compliance with the quantity limits should be ensured by a reliable and effective system of monitoring. To that end, the granting of export refunds should be made subject to an export licence. Export refunds should be granted up to the limits available, depending on the particular situation of each product concerned. Exceptions to that rule should be permitted only for processed products not listed in Annex I to the Treaty, to which volume limits do not apply. Provision should be made for a derogation from strict compliance with management rules where exports benefiting from export refunds are not likely to exceed the quantity laid down. (121) In the case of the export of live bovine animals, provision should be made whereby export refunds are granted and paid only if the provisions established in Union legislation concerning animal welfare, in particular those concerning the protection of animals during transport, are respected. (122) Agricultural products may in certain cases benefit from special import treatment in third countries if the products comply with certain specifications and/or price conditions. Administrative cooperation between the authorities in the importing third country and the Union is necessary to ensure the correct application of such a system. To that end the products should be accompanied by a certificate issued in the Union. (123) Exports of flowering bulbs to third countries are of considerable economic importance to the Union. The continuation and development of such exports may be ensured by stabilising prices in this trade. This Regulation should therefore provide for minimum export prices for the products in question. (124) In accordance with Article 42 of the Treaty the provisions of the chapter of the Treaty relating to rules on 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. The provisions on state aid had been largely declared applicable. The application in particular of the Treaty rules applying to undertakings was furthermore defined in Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules on competition to the production of, and trade in, agricultural products(14). In line with the objective of creating one comprehensive set of market policy rules it is appropriate to provide for the rules concerned in this Regulation. (125) The rules on competition relating to the agreements, decisions and practices referred to in Article 101 of the Treaty and to the abuse of dominant positions should be applied to the production of, and trade in, agricultural products, in so far as their application does not impede the functioning of national organisations of agricultural markets or jeopardise the attainment of the objectives of the CAP. (126) A special approach is warranted in the case of farmers' organisations the particular 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. (127) In order both to avoid compromising the development of a CAP and to ensure legal certainty and non-discriminatory treatment of the undertakings concerned, the Commission should have the sole power, subject to review by the Court of Justice, to determine whether agreements, decisions and practices referred to in Article 101 of the Treaty are compatible with the objectives of the CAP. (128) The proper working of the single market based on common prices 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 the products covered by this Regulation. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should, however, be in a position to draw up a list of existing, new or proposed national aids, to make appropriate observations to the Member States and to propose suitable measures to them. (129) Since their accession, Finland and Sweden may, due to the specific economic situation of the production and marketing of reindeer and reindeer products, grant aids in that regard. Moreover, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed produced solely in Finland, because of its specific climatic conditions. (130) In order to address justified cases of crisis even after the end of the transitional crisis distillation support measure provided for under the support programmes in 2012, Member States should be able to provide aid for crisis distillation within an overall budgetary limit of 15 % of the respective value of the Member State's relevant yearly budget for its national support programme. Any such aid should be notified to the Commission and approved under this Regulation before it is granted. (131) In Member States with a significant reduction of sugar quota, sugar beet growers will face particularly severe adaptation problems. In such cases the transitional Union aid to sugar beet growers provided for in Regulation (EC) No 73/2009 will not suffice to fully address the beet growers' difficulties. Therefore, Member States having reduced their quota by more than 50 % of the sugar quota fixed on 20 February 2006 in Annex III to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector(15) should be authorised to grant State aid to sugar beet growers during the period of application of the transitional Union aid. To ensure that Member States do not grant State aid exceeding the needs of their sugar beet growers, the determination of the total amount of the State aid concerned should continue to be made subject to Commission approval, except in the case of Italy where the maximum need for the most productive sugar beet growers to adapt to the market conditions after the reform has been estimated at EUR 11 per tonne of sugar beet produced. Moreover, due to the particular problems expected to arise in Italy, the provision for arrangements allowing sugar beet growers to benefit directly or indirectly from the State aid granted should be maintained. (132) In Finland sugar beet growing is subject to particular geographical and climatic conditions which will adversely affect the sector beyond the general effects of the sugar reform. That Member State should therefore be authorised, on a permanent basis, to grant its sugar beet growers an adequate amount of State aid. (133) The specific rules on the aid Germany granted in the framework of the German Alcohol Monopoly were due to expire on 31 December 2010. The volumes sold by the Monopoly decreased since 2003 and distilleries and their raw material supplying small and medium sized farms have made efforts to prepare for their entry into the free market. However, as more time is needed to facilitate this adaptation an extension of the phasing out of the Monopoly and the aid for these beneficiaries is needed until 31 December 2013. Some small scale flat-rate distilleries, distillery users, and fruit cooperative distilleries contributing by using local raw materials in particular to the preservation of the traditional landscapes and biodiversity should continue to be able to benefit from the aid granted under the Monopoly until 31 December 2017, at which date the Monopoly should be abolished. For that purpose, Germany should present an annual phasing-out plan from 2013. (134) If a Member State wishes to support, on its territory, measures promoting the consumption of milk and milk products in the Union, provision should be made for the possibility of financing such measures by a promotional levy on milk producers at national level. (135) In the absence of EU 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 EU law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the EU in this context, in the interests of subsidiarity, such a decision should remain with Member States. However, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at EU level. Since some dairy co-operatives may have rules with similar effect in their statues, in the interests of simplicity they should then be exempted from a requirement for contracts. In order to ensure that any such system is effective where intermediate parties collect milk from farmers to deliver to processors, it should apply equally in such a case. (136) Adequate information is needed about the present state of the market in hops within the Union and the prospects for its development. Provision should therefore be made for the registration of all supply contracts regarding hops produced within the Union. (137) For a better management of wine-growing potential Member States should communicate to the Commission an inventory of their production potential based on the vineyard register. To encourage Member States to communicate the inventory, support for restructuring and conversion is limited to those Member States which have communicated the inventory. So that the information necessary for making the relevant policy and administrative choices is available, producers of grapes for wine making, of must and of wine should submit harvest declarations. Member States should be able to require merchants of grapes for wine making to declare each year the quantities marketed from the latest harvest. Producers of must and wine, and merchants other than retailers, must declare their stocks of must and wine. (138) In order to provide for a satisfactory level of traceability of the products concerned, in particular in the interest of consumer protection, provision should be made for all the wine sector products covered by this Regulation to have an accompanying document when circulating within the Union. (139) It is appropriate to provide, under certain conditions and for certain products, for measures to be taken in cases where disturbances are occurring or are likely to occur due to significant changes in the internal market prices or as regards quotations or prices on the world market. (140) Member States' authorities should be responsible for ensuring compliance with this Regulation, and arrangements should be made for the Commission to be able to monitor and ensure in particular such compliance in the wine sector. (141) It is necessary to establish a framework of specific measures for ethyl alcohol of agricultural origin so that economic data can be collected and statistical information analysed for the purpose of monitoring the market. In so far as the market in ethyl alcohol of agricultural origin is linked to the market in ethyl alcohol in general, information also needs to be made available concerning the market in ethyl alcohol of non-agricultural origin. (142) Expenditure incurred by the Member States as a result of the obligations arising from the application of this Regulation should be financed by the Union in accordance with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy(16). (143) In order to increase the financial means available for the wine sector under Regulation (EC) No 1698/2005, a gradual transfer of funds to the budget under that Regulation should be put into place where the relevant amounts are sufficiently important. (144) The Commission should be authorised to adopt the necessary measures to solve specific practical problems in case of emergency. (145) Since the common markets in agricultural products are continuously evolving, the Member States and the Commission should keep each other informed of relevant developments and adopt the means of notification of the relevant developments and adopt the means of notification of the relevant information. (146) In order to avoid abuse of any of the advantages provided for in this Regulation, such advantages should not be granted or, as the case may be, should be withdrawn, in cases where it is found that the conditions for obtaining any of those advantages have been created artificially, contrary to the objectives of this Regulation. (147) To guarantee compliance with the obligations laid down by this Regulation, there is a need for checks and the application of administrative measures and administrative penalties in case of non-compliance, and rules related to the lodging and releasing of securities to guarantee the sound management of single common market management under the CAP. Those provisions should include the recovery of undue payments and the reporting obligations of the Member States resulting from the application of this Regulation. (148) Pursuant to Regulation (EC) No 1234/2007 several sectoral market management measures will expire in 2012. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of the schemes concerned. (149) In order to ensure legal certainty as regards the application of marketing rules, the Commission should determine the date on which certain provisions of Regulation (EC) No 1234/2007 cease to apply to the sector concerned. (150) In order to ensure a smooth transition from the arrangements provided for in Regulation (EC) No 1234/2007 as regards the fruit and vegetables sectors and the provisions of this Regulation, the Commission should be empowered to adopt transitional measures. (151) This Regulation should apply from its entry into force. However, the provision creating the general marketing standard should only apply from [one year the after entry into force of the Regulation. (152) As regards contractual relations and producer and interbranch organisations 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 to see how they have operated and whether they should continue to apply. This should be dealt with in Commission reports on the development of the milk market, and covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018, HAVE ADOPTED THIS REGULATION: PART I INTRODUCTORY PROVISIONS Article 1 Scope 1. This Regulation establishes a common organisation of the markets for the products of the following sectors, as provided further in Annex I:
2. This Regulation establishes specific measures for the following sectors as listed and, as the case may be, as further defined in Annex II:
3. In respect of potatoes, fresh or chilled of CN code 0701, Chapter II of Part IV shall apply. Article 2 Definitions 1. For the purposes of this Regulation, the definitions concerning certain sectors as set out in Annex III shall apply. 2. For the purposes of this Regulation:
Article 3 Marketing years
(b) 1 April to 31 March of the following year for:
In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall adopt , if necessary, delegated acts in accordance with Article 321 fixingfix the marketing years for those products by means of delegated acts. [Am. 5] Article 4 Delegated powers In order to take into account the specificities of each sector and to address changes in the market situation, the Commission may, by means of delegated acts adopted in accordance with Article 321, update the definitions set out in Part I of Annex III. Article 5 Implementing powers The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a): [Am. 6]
PART II INTERNAL MARKET TITLE I MARKET INTERVENTION CHAPTER I Public intervention and private storage Section I Introductory provisions on public intervention and private storage Article 6 Scope 1. This Chapter lays down the rules concerning, where applicable, buying-in under public intervention and the granting of aids for private storage with regard to the following sectors:
2. For the purposes of this Chapter:
Article 7 EU origin Without prejudice to Article 6(2) only products originating in the Union shall be eligible for buying-in under public intervention or for the granting of aid for the private storage thereof. Article 8 Reference prices 1. For products subject to the intervention measures referred to in Article 6(1) the following reference prices shall be fixed:
2. The reference prices for cereals and rice set out in points (a) and (b) of paragraph 1 respectively, shall relate to the wholesale stage for goods delivered to the warehouse, before unloading. Those reference prices shall be valid for all Union intervention centres referred to in Article 30. 3. The reference prices laid down in points (i) and (ii) of paragraph 1(c) shall apply to unpacked sugar, ex factory of standard quality as defined in point B of Annex IV. 4. Reference prices fixed in paragraph 1 of this Article may be changed in accordance with the procedure laid down in Article 43(2) of the Treaty in the light of developments in production and the markets. Article 9 Price reporting in the sugar market The Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), set up an information system on prices in the sugar market, including a system for the publication of price levels for the sugar market. The system shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated with confidentiality. The Commission shall ensure that the information published does not permit the identification of prices of individual undertakings or operators. Section II Public intervention Subsection I General provisions Article 10 Products eligible for public intervention
Subsection II Opening of buying-in Article 11 Public intervention periods
Article 12 Opening of public intervention 1. During the periods referred to in Article 11, public intervention:
2. Public intervention for beef and veal, referred to in point (c) of paragraph 1, shall be closed by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, where, over a representative period, the conditions provided for in that point are no longer fulfilled. Article 13 Intervention limits 1. Buying –in under public intervention shall be carried out within the following limits:
2. For the products referred to in paragraph 1, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide to continue public intervention beyond the amounts referred to in that paragraph if the market situation and, in particular, the development of market prices, so requires. Subsection III Intervention prices Article 14 Intervention prices 1. The intervention price:
2. The Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), determine the intervention prices and the quantities for intervention for the following products, through tendering procedures:
In special circumstances, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), restrict tendering procedures to, or the intervention prices and the quantities for intervention may be fixed per Member State or region of a Member State on the basis of recorded average market prices. 3. The maximum buying-in price determined in accordance with tendering procedures under paragraph 2 shall not be higher:
4. The intervention prices referred to in paragraphs 1, 2 and 3 shall be:
Subsection IV Disposal from intervention Article 15 General principles Disposal of products bought in under public intervention shall take place in such a way as to avoid any disturbance of the market, to ensure equal access to the goods and equal treatment of purchasers and in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty. Article 16 Sugar disposal As regards sugar bought-in under public intervention, paying agencies may sell it only at a price which is higher than the reference price fixed for the marketing year in which the sale takes place.
Subsection V Distribution to the most deprived persons in the Union Article 17 Scheme for food distribution to the most deprived persons in the Union 1. A scheme is established whereby food products may be distributed to the most deprived persons in the Union through organisations designated by Member States. For that purpose, products in intervention stocks shall be made available or, where intervention stocks suitable for the food distribution scheme are not available, food products shall be purchased on the market. For the purposes of the scheme provided for in the first subparagraph 'most deprived persons' means physical persons, whether individuals, families or groups composed of such persons, whose social and financial dependence is recorded or recognised on the basis of eligibility criteria adopted by the national competent authorities, or is judged to be so on the basis of the criteria used by the designated organisations and which are approved by those competent authorities. 2. Member States wishing to participate in the scheme provided for in paragraph 1 shall submit to the Commission food distribution programmes containing the following:
Member States shall choose the food products on the basis of objective criteria, including nutritional values and suitability for distribution. For that purpose, Member States may give preference to food products of EU origin. 3. Based on requests notified by Member States pursuant to the first subparagraph of paragraph 2 and other information considered relevant, the Commission shall adopt three-year plans. Each three-year plan shall set out annual financial allocations by the Union per Member State and minimum annual financial contributions of Member States. Allocations for the second and third year of the programme shall be indicative. Member States participating in the scheme shall confirm every year the requests referred to in point (c) of the first subparagraph of paragraph 2. Following these confirmations, the Commission shall decide each subsequent year, on the definitive allocations, within the limits of the appropriations available in the budget. When products included in the three-year plan are not available in intervention stocks in the Member State where such products are required, the three-year plan shall provide for their transfer from Member States where they are available in intervention stocks. A three-year plan may be revised in the light of any relevant developments affecting its execution. 4. The organisations designated by the Member States as referred to in paragraph 1 cannot be commercial undertakings. The food products shall be released free of charge to those organisations.
5. Member States participating in the scheme shall:
6. The Union shall co-finance the eligible costs under the scheme. This co-financing shall neither:
7. Eligible costs under the scheme shall be:
8. Member States shall carry out administrative and physical checks to ensure the implementation of the plan in compliance with the applicable rules and shall lay down the penalties applicable in cases of irregularities. 9. The indication ‘European Union aid’ accompanied by the emblem of the European Union shall be clearly marked on the packing of food distributed through the plans as well as in the distribution points. 10. The Union scheme shall be without prejudice to any national schemes whereby food products are distributed to most deprived persons, in conformity with Union law. Article 18 Delegated powers 1. In order to ensure the efficient use of the budget assigned to the scheme provided for in Article 17, the Commission shall, by means of delegated acts adopted in accordance with Article 321, define the method for calculating the overall allocation of resources including the distribution of intervention products and financial means for the purchase of food products on the market among Member States. It shall also define the accounting value of products released from intervention stocks as well as the method to be used for any reallocation of resources among Member States as a result of a three-year plan revision. 2. In order to ensure the effective and efficient use of the budget assigned to the scheme provided for in Article 17, and to safeguard the rights and obligations of operators, the Commission shall, by means of delegated acts in accordance with Article 321, adopt provisions requiring the use of tendering procedures for all operations relating to the execution of the food distribution programmes, provisions on securities to be lodged by participants in tenders, and provisions on sanctions, reductions and exclusions to be applied by the Member States especially with regard to the non respect of time-limits for withdrawal of products from intervention stocks and in the case of serious shortcomings or irregularities in the execution of the three-year plan. Article 19 Implementing powers
Section III Private storage Subsection I Mandatory aid Article 20 Eligible products
Article 21 Conditions and aid-level for butter Measures on the fixing of aid for butter shall be taken by the Council in accordance with Article 43(3) of the Treaty.Aid amounts for private storage for butter shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account storage costs and the likely trends in prices for fresh butter and butter from stocks. Where, at the time of removal from storage, an adverse change, unforeseeable at the time of entry into storage, occurs on the market, the Commission may increase the amount of the aid by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). [Am. 8] Subsection II Optional aid Article 22 Eligible products 1. Aid for private storage may be granted in respect of the following products subject to the conditions set out in this Section and to further requirements and conditions to be adopted by the Commission by means of delegated and implementing acts pursuant to Articles 31 and 32:
In order to take account of the specificities of meat of adult bovine animals, the Commission may, by means of delegated acts adopted in accordance with Article 321, amend the list of products laid down in point (c) of the first subparagraph if the market situation so requires. 2. The Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), fix the aid for private storage provided for in paragraph 1 in advance or by means of tendering procedures. Article 23 Conditions of granting for white sugar 1. The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the market situation, decide to grant aid for the storage of white sugar to undertakings which are allocated a sugar quota, if the average price recorded in the Union for white sugar is below the reference price during a representative period, and is likely to remain at that level. 2. Sugar stored in accordance with paragraph 1 during a marketing year may not be subject to any other storage measures provided for in Articles 45 or 56. Article 24 Conditions of granting for olive oil
Article 25 Conditions of granting for products of the beef and veal sector The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide to grant aid for storage when the average Union market price recorded on the basis of the Union scale for the classification of carcasses of adult bovine animals, as referred to in Article 34(1)(a), is, and is likely to remain, at less than 103 % of the reference price. Article 26 Conditions of granting for pigmeat The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide to grant aid for storage of pig carcasses where the average market price in the Union as established by reference to the prices recorded in each Member State on the representative markets of the Union and weighted by means of coefficients reflecting the relative size of the pig herd in each Member State is, and is likely to remain, at less than 103 % of the reference price. Article 27 Conditions of granting for sheepmeat and goatmeat
Section IV Common provisions on public intervention and private storage Subsection I General provisions Article 28 Rules concerning storage 1. Paying agencies may not store, outside the territory of the Member State within whose jurisdiction they fall, products they have bought in unless they have obtained prior authorisation from the Commission, by means of implementing acts, pursuant to Article 32. The territories of Belgium and Luxembourg shall be considered as a single Member State for the purposes of this Article. 2. Authorisation shall be granted if storage is essential and taking into account the following factors:
3. Authorisation for storage in a third country shall be granted only if, on the basis of the criteria set out in paragraph 2, storage in another Member State would create significant difficulties. 4. The information referred to in point (a) of paragraph 2 shall be drawn up after consulting all the Member States. 5. Any customs duties and any other amounts to be granted or levied under the common agricultural policy shall not apply to products:
6. Any paying agency acting in accordance with paragraphs 1, 2 and 3 shall remain responsible for products stored outside the territory of the Member State within whose jurisdiction it falls. 7. If products held by a paying agency outside the territory of the Member State within whose jurisdiction it falls are not brought back into that Member State, they shall be disposed of at the prices and subject to the conditions laid down or to be laid down for the place of storage. Article 29 Rules for tendering procedures Tendering procedures shall ensure equality of access of all persons concerned. In the selection of tenders preference shall be given to those which are most favourable to the Union. In any case, the award of a contract shall not necessarily ensue. Article 30 Intervention centres for cereals and rice 1. In order to take account of the diversity of storage facilities in the cereals and rice sectors in the Union and to ensure adequate access to public intervention for operators, the Commission shall, by means of delegated acts in accordance with Article 321, adopt the requirements to be met by intervention centres and storage places for the products to be bought in under the system of public intervention, including the fixing of a minimum storage capacity for the storage places and the setting of technical requirements for keeping products taken over in good condition and for their disposal at the end of the storage period. 2. The Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), designate the intervention centres in the cereals and rice sectors; taking account of the following factors:
Intervention centres may be designated for each cereal. Article 31 Delegated powers 1. In order to take account of the specificities of the different sectors, the Commission may, by means of delegated acts in accordance with Article 321, adopt the requirements and conditions to be met by products to be bought in under public intervention as referred to in Article 10 and to be stored under the system of granting an aid for private storage, in addition to the requirements laid down in this present 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 including labelling, maximum ages, preservation, the stage of the products to which the intervention price and the aid relates. 2. In order to take account of the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts in accordance with Article 321, adopt the applicable price increases or reductions for quality purposes as referred to in Article 14(4) as regards both buying-in and sales. 3. In order to take account of the specificities of the beef and veal sector, the Commission may, by means of delegated acts in accordance with Article 321, adopt the provisions relating to the obligation for the paying agencies to have all the beef boned after the take over and prior to the storage provisions. 4. In order to take account of the diversity of situations relating to the storage of intervention stocks in the Union and to ensure adequate access to public intervention for operators, the Commission shall, by means of delegated acts in accordance with Article 321, adopt:
5. In order to ensure that private storage has the desired effect on the market, the Commission, by means of delegated acts adopted in accordance with Article 321:
6. In order to ensure that operators respect their obligations the Commission shall, by means of delegated acts adopted in accordance with Article 321, adopt measures to prevent fraud and irregularities. Those measures may include the exclusion of the concerned operators from participating in public intervention or private storage aid in relation with the detected frauds and irregularities. 7. In order to safeguard the rights and obligations of operators participating in public intervention or private storage measures, the Commission may, by means of delegated acts adopted in accordance with Article 321, adopt the necessary provisions relating to:
8. In order to take account of the technical evolution of the products, the Commission may, by means of delegated acts adopted in accordance with Article 321, adapt the standard qualities for sugar laid down in Part B of Annex IV. Article 32 Implementing powers
Article 33 Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1) without the application of Article 323
Subsection II Specific provisions on carcass classification Article 34 Union scales and inspections 1. Union scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex V in the following sectors:
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 V. 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. This 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. Article 35 Delegated powers 1. In order to take account of technical developments and of the needs of the sectors, the Commission may, by means of delegated acts adopted in accordance with Article 321, adapt and update the definitions laid down in Annex V as well as the provisions related to the classification, identification and presentation of adult bovine carcasses, pig carcases and sheep carcases. 2. In order 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 may, by means of delegated acts adopted in accordance with Article 321:
3. In order to take account of the specificities met within the Union, the Commission may, by means of delegated acts adopted in accordance with Article 321:
4. In order to ensure the accuracy and reliability of the classification of carcases of adult bovines, pigs and sheep, the Commission shall, by means of delegated acts adopted in accordance with Article 321, provide that the classification be carried out by sufficiently qualified classifiers. 5. In order to guarantee the reliability of the classification scale the Commission may, by means of delegated acts adopted in accordance with Article 321, adopt provisions relating to the checks to be carried out and to the consequences to be drawn in case of inadequate application. 6. In order to ensure that the Union inspection committee fulfils its objectives, the Commission may, by means of delegated acts adopted in accordance with Article 321, determine its responsibilities and the way it is composed. Article 36 Implementing powers
CHAPTER II Special intervention measures Section I Exceptional market support measures Article 37 Animal diseases 1. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt exceptional support measures for the affected market in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals.
2. The measures provided for in the first subparagraph of paragraph 1 shall be taken at the request of the Member State(s) concerned. They may be taken only if the Member State(s) concerned has (have) taken health and veterinary measures quickly to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned. Article 38 Loss in consumer confidence With regard to the poultrymeat and eggs sectors, the Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt exceptional market support measures in order to take account of serious market disturbances directly attributed to a loss in consumer confidence due to public health, or animal health risks. Those measures shall be taken at the request of the Member State(s) concerned. Article 39 Financing 1. For exceptional measures referred to in Articles 37 and 38, the Union shall provide part-financing equivalent to 50 % of the expenditure borne by Member States. However, with regard to the beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 60 % of such expenditure when combating foot-and-mouth disease. 2. Member States shall ensure that, where producers contribute to the expenditure borne by Member States, this does not result in distortion of competition between producers in different Member States. Section II Measures in the cereals and rice sectors Article 40 Special market measures in the cereals sector 1. In order to react efficiently and effectively against threats of market disturbance, where the market situation so dictates, the Commission may, by means of delegated acts, adopted where necessary under the urgency procedure provided for in Article 322, take special intervention measures in respect of the cereals sector. Such intervention measures may in particular, be taken if, in one or more regions of the Union, market prices fall, or threaten to fall, in relation to the intervention price. [Am. 9] 2. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this Article. Those measures may, in particular, relate to procedures, notifications, technical criteria and administrative or physical checks to be conducted by the Member States. Article 41 Special market measures in the rice sector 1. In order to react efficiently and effectively against threats of market disturbance in the rice sector, the Commission may, by means of delegated acts adopted in accordance with Article 321, adopted where necessary under the urgency procedure in accordance with Article 322, take special measures to:
2. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt the necessary measures related to this Article. Those measures may, in particular, relate to procedures, notifications, technical criteria and administrative or physical checks to be conducted by the Member States. Section III Measures in the sugar sector Article 42 Minimum beet price 1. The minimum price for quota beet shall be EUR 26,29 per tonne as from the marketing year 2009/2010. 2. The minimum price referred to in paragraph 1 shall apply to sugar beet of the standard quality defined in Part B of Annex IV. 3. Sugar undertakings buying quota beet suitable for processing into sugar and intended for processing into quota sugar shall be required to pay at least the minimum price, adjusted by price increases or reductions to allow for deviations from the standard quality. In order to adjust the price where the actual quality of sugar beet differs from the standard quality, the increases and reductions referred to in the first subparagraph shall be applied in accordance with rules laid down by the Commission by means of delegated acts pursuant to Article 46(a). 4. For the quantities of sugar beet corresponding to the quantities of industrial sugar or surplus sugar that are subject to the surplus levy provided for in Article 57, the sugar undertaking concerned shall adjust the purchase price so that it is at least equal to the minimum price for quota beet. Article 43 Interprofessional agreements 1. Agreements within the trade and delivery contracts shall conform to paragraph 3 and to purchase terms, which are to be determined by the Commission by means of delegated acts pursuant to Article 46(b), in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet. 2. The terms for buying sugar beet and sugar cane shall be governed by agreements within the trade concluded between Union growers of these raw materials and Union sugar undertakings. 3. In delivery contracts, a distinction shall be made according to whether the quantities of sugar to be manufactured from sugar beet will be:
4. Each sugar undertaking shall provide the Member State in which it produces sugar with the following information:
Member States may require additional information. 5. Sugar undertakings which have not signed pre-sowing delivery contracts at the minimum price for quota beet for a quantity of beet equivalent to the sugar for which they hold a quota, adjusted, as the case may be, by the coefficient for a preventive withdrawal fixed pursuant to the first subparagraph of Article 45(2), shall be required to pay at least the minimum price for quota beet for all the sugar beet they process into sugar. 6. Subject to the approval of the Member State concerned, agreements within the trade may derogate from paragraphs 3, 4 and 5. 7. If no agreements within the trade exist, the Member State concerned shall take the necessary steps compatible with this Regulation to protect the interests of the parties concerned. Article 44 Production charge 1. A production charge shall be levied on the sugar quota, the isoglucose quota and the inulin syrup quota held by undertakings producing sugar, isoglucose or inulin syrup as referred to in Article 50(2). 2. The production charge shall be set at EUR 12,00 per tonne of the quota sugar and quota inulin syrup. For isoglucose, the production charge shall be set at 50 % of the charge applicable to sugar. 3. The totality of the production charge paid in accordance with paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quota held during the marketing year concerned. Payments shall be made by the undertakings by the end of February of the relevant marketing year at the latest. 4. Union sugar and inulin syrup undertakings may require sugar-beet or sugar-cane growers or chicory suppliers to bear up to 50 % of the production charge concerned. Article 45 Withdrawal of sugar 1. In order to preserve the structural balance of the market at a price level which is close to the reference price, taking into account the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide to withdraw from the market, for a given marketing year, those quantities of sugar or isoglucose produced under quotas which exceed the threshold calculated in accordance with paragraph 2 of this Article. 2. The withdrawal threshold referred to in paragraph 1 shall be calculated, for each undertaking holding a quota, by multiplying its quota by a coefficient, which may be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), by 16 March of the previous marketing year, on the basis of expected market trends. On the basis of updated market trends, the Commission may by 31 October of the marketing year concerned, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide either to adjust or, in the case where no coefficient has been fixed pursuant to the first subparagraph, to fix a coefficient. 3. Each undertaking provided with a quota shall store at its own expense until the beginning of the following marketing year the sugar produced under quota beyond the threshold calculated in accordance with paragraph 2. The sugar or isoglucose quantities withdrawn during a marketing year shall be treated as the first quantities produced under quota for the following marketing year.
4. If sugar supply in the Union is inadequate, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide that a certain quantity of withdrawn sugar may be sold on the Union market before the end of the period of withdrawal. 5. In the case where withdrawn sugar is treated as the first sugar production of the following marketing year, the minimum price of that marketing year shall be paid to beet growers. In the case where withdrawn sugar becomes industrial sugar or is exported according to points (a) and (b) of paragraph 3 of this Article, the requirements of Article 42 on the minimum price shall not apply. In the case where withdrawn sugar is sold on the Union market before the end of the period of withdrawal according to paragraph 4, the minimum price of the ongoing marketing year shall be paid to beet growers. Article 46 Delegated powers
Section IV Adjustment of supply Article 47 Measures to facilitate the adjustment of supply to market requirements
Article 48 Implementing powers The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt rules related to procedures and technical conditions as regards the implementation of the measures referred to in Article 47. CHAPTER III Systems of production limitation Section I General provisions Article 49 Quota systems and production potential 1. A quota system shall apply to the following products:
2. As regards the quota systems referred to in paragraph 1 of this Article, if a producer exceeds the relevant quota and, with regard to sugar, isoglucose and inulin syrup, does not make use of the surplus quantities as provided for in Article 54, a surplus levy shall be payable on such quantities, subject to the conditions set out in Sections II and III. 3. In relation to the wine sector, rules concerning production potential as regards unlawful plantings, transitional planting rights as well as a grubbing-up scheme shall apply in accordance with the provisions set out in Section V. Section II Sugar Subsection I Quota allocation and management Article 50 Quota allocation 1. The quotas for the production of sugar, isoglucose and inulin syrup at national or regional level are fixed in Annex VI. 2. Member States shall allocate a quota to each undertaking producing sugar, isoglucose or inulin syrup established in their territory and approved in accordance with Article 51. For each undertaking, the allocated quota shall be equal to the quota under Regulation (EC) No 318/2006 which was allocated to the undertaking for the marketing year 2007/2008. 3. In case of allocation of a quota to a sugar undertaking having more than one production unit, the Member States shall adopt the measures they consider necessary in order to take due account of the interests of sugar beet and cane growers. Article 51 Approved undertakings 1. On request, Member States shall grant an approval to an undertaking producing sugar, isoglucose or inulin syrup or to an undertaking that processes these products into a product included in the list referred to in Article 55(2) provided that the undertaking:
2. The approved undertakings shall provide the Member State in whose territory the harvest of beet, cane or the refining takes place, with the following information:
Article 52 Adjustment of the national quotas The Commission shall, by means of delegated acts adopted in accordance with Article 321, adjust the quotas set out in Annex VI as a result of Member States' decisions taken in accordance with Article 53. Article 53 National quota reallocation and reduction of quotas 1. A Member State may reduce the sugar or isoglucose quota allocated to an undertaking established on its territory by up to 10 % for the marketing year 2008/2009 and following. In doing so, the Member States shall apply objective and non discriminatory criteria. 2. Member States may transfer quotas between undertakings in accordance with the rules laid down in Annex VII and taking into consideration the interests of each of the parties concerned, particularly sugar beet and cane growers. 3. The quantities reduced pursuant to paragraphs 1 and 2 shall be allocated by the Member State in question to one or more undertakings on its territory, whether or not holding a quota. Subsection II Quota Overrun Article 54 Scope
Other quantities shall be subject to the surplus levy referred to in Article 57. Article 55 Industrial sugar 1. Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for the production of one of the products referred to in paragraph 2 when:
2. In order to take account of technical developments, the Commission may, by means of delegated act adopted in accordance with Article 321, draw up a list of products for the production of which industrial sugar, industrial isoglucose or industrial inulin syrup may be used.
Article 56 Carry forward of surplus sugar 1. Each undertaking may decide to carry forward all or part of its production in excess of its sugar quota, its isoglucose quota or its inulin syrup quota to be treated as part of the next marketing year's production. Without prejudice to paragraph 3, that decision shall be irrevocable. 2. Undertakings which take the decision referred to in paragraph 1 shall:
3. If an undertaking's definitive production in the marketing year concerned was less than the estimate made when the decision in accordance with paragraph 1 was taken, the quantity carried forward may be adjusted retroactively by 31 October of the following marketing year at the latest. 4. The quantities carried forward shall be deemed to be the first quantities produced under the quota of the following marketing year. 5. Sugar stored in accordance with this Article during a marketing year may not be subject to any other storage measures provided for in Articles 23 or 45. Article 57 Surplus levy 1. A surplus levy shall be levied on quantities of:
2. The surplus levy shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), at a sufficiently high level in order to avoid the accumulation of quantities referred to in paragraph 1. 3. The surplus levy referred to in paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quantities of production referred to in paragraph 1 that have been established for those undertakings for the marketing year concerned. Section III Milk Subsection I General provisions Article 58 Definitions 1. For the purposes of this Section:
2. As regards the definition given in point (e) of paragraph 1, any group of purchasers in the same geographical area which carries out the administrative and accounting operations necessary for the payment of the surplus levy on behalf of its members shall be regarded as a purchaser. For that purpose, Greece shall be considered a single geographical area and it may deem an official body to be a group of purchasers. 3. In order to ensure, in particular, that no quantity of marketed milk or other milk products is excluded from the quota arrangements, the Commission may, while respecting the definition of ‘delivery’ given in point (f) of paragraph 1, adjust the definition of ’direct sale’ by means of delegated acts pursuant to Article 80(1)(i). 4. In order to ensure that all specific situations are covered by the milk quota system, the Commission shall, by means of delegated acts pursuant to Article 80(1)(h), adopt specific definitions relating to the operation of the system. Subsection II Quota allocation and management Article 59 National quotas 1. The national quotas for the production of milk and other milk products marketed during seven consecutive periods of twelve months commencing on 1 April 2008 (hereinafter referred to as ‘twelve-month periods’) are fixed in Annex VIII. 2. The quotas referred to in paragraph 1 shall be divided between producers in accordance with Article 60, distinguishing between deliveries and direct sales. Any overrun of the national quotas shall be determined nationally in each Member State, in accordance with this Section and making a distinction between deliveries and direct sales. 3. The national quotas set out in of Annex VIII shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in certain Member States. 4. For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the national quotas shall include all milk or milk equivalent delivered to a purchaser or sold directly, irrespective of whether it is produced or marketed under a transitional measure applicable in those countries. 5. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary rules related to the uniform implementation of this Article in Member States. Those rules may relate to procedures, notifications and technical criteria. Article 60 Individual quotas 1. The producers' individual quota or quotas at 1 April 2008 shall be equal to their individual quotas at 31 March 2008 without prejudice to transfers, sales and conversions of quota that take effect on 1 April 2008. 2. Producers may have either one or two individual quotas, one for deliveries and the other for direct sales. A producer's quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer. 3. Where a producer has two quotas, his contribution to any surplus levy due shall be calculated separately for each. 4. The part of the Finnish national quota allocated to the deliveries referred to in Article 59 may be increased by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a) to compensate Finnish SLOM producers up to 200 000 tonnes. This reserve, to be allocated in accordance with Union legislation, must be used exclusively on behalf of producers whose right to take up production again has been affected as a result of accession. 5. Individual quotas shall be modified, where appropriate, for each of the twelve-month periods concerned, so that, for each Member State, the sum of the individual quotas for the deliveries and that for the direct sales does not exceed the corresponding part of the national quota adapted in accordance with Article 62, taking account of any reductions made for allocation to the national reserve as provided for in Article 64. Article 61 Allocation of quotas from the national reserve Member States shall adopt rules allowing for allocation to producers of all or part of the quotas from the national reserve provided for in Article 64 on the basis of objective criteria to be notified to the Commission. Article 62 Management of quotas 1. The Commission shall adapt, by means of implementing acts pursuant to Article 81(a), for each Member State and for each period, before the end of that period, the division between 'deliveries' and 'direct sales' of national quotas, in the light of the conversions requested by producers, between individual quotas for deliveries and for direct sales. 2. Member States shall each year forward to the Commission, by dates to be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a) and according to rules to be fixed by the Commission, by means of implementing acts pursuant to Article 316(3), the information necessary to:
3. Rules relating to this Article shall be adopted by means of delegated acts pursuant to Article 80(2)(b) and by implementing acts pursuant to Article 81(g). Article 63 Fat content 1. Each producer shall be assigned a reference fat content, to be applied to the individual quota for deliveries allocated to that producer. 2. For the quotas allocated to producers on 31 March 2008 in accordance with Article 60(1), the reference fat content referred to in paragraph 1 shall be the same as the reference fat content applied to that quota at that date. 3. The reference fat content shall be altered during the conversion referred to in Article 60(2) and where quotas are acquired, transferred or temporarily transferred in accordance with rules to be established by the Commission by means of implementing acts pursuant to Article 81(b). 4. For new producers having an individual quota for deliveries allocated entirely from the national reserve, the fat content shall be fixed in accordance with rules to be established by the Commission by means of implementing acts pursuant to Article 81(b). 5. The individual reference fat content referred to in paragraph 1 shall be adjusted, where appropriate, upon the entry into force of this Regulation and thereafter, at the beginning of each twelve-month period as necessary, so that, for each Member State, the weighted average of the individual representative fat contents does not exceed by more than 0,1 gram per kg the reference fat content set in Annex IX. Article 64 National reserve 1. Each Member State shall set up a national reserve as part of the national quotas fixed in Annex VIII, in particular with a view to making the allocations provided for in Article 61. The national reserve shall be replenished, as appropriate, by withdrawing some quantities as provided for in Article 65, retaining part of transfers as provided for in Article 69, or by making an across-the-board reduction in all individual quotas. The quotas in question shall retain their original purpose, i.e. deliveries or direct sales. 2. Any additional quota allocated to a Member State shall automatically be placed in the national reserve and divided into deliveries and direct sales according to foreseeable needs. 3. The quotas placed in the national reserve shall not have a reference fat content. Article 65 Cases of inactivity 1. When a natural or legal person holding individual quotas no longer meets the conditions referred to in point (c) of Article 58(1) during a twelve-month period, the corresponding quantities shall revert to the national reserve no later than 1 April of the following calendar year, unless that person becomes once again a producer within the meaning of point (c) of Article 58(1) before that date. Where that person becomes once again a producer not later than the end of the second twelve-month period following withdrawal, all or part of the individual quota which had been withdrawn shall revert to that person no later than 1 April following the date of application. 2. Where producers do not market a quantity equal to at least 85 % of their individual quota during at least one twelve-month period, Member States may decide whether and on what conditions all or part of the unused quota shall revert to the national reserve. Member States may determine on what conditions a quota shall be re-allocated to the producer concerned should he resume marketing. 3. Paragraphs 1 and 2 shall not apply in cases of force majeure and in duly justified cases temporarily affecting the production capacity of the producers concerned and recognised by the competent authority. Article 66 Temporary transfers 1. By the end of each twelve-month period, Member States shall authorise, for the period concerned, any temporary transfers of part of individual quotas which the producers who are entitled thereto do not intend to use. Member States may regulate transfer operations according to the categories of producers or milk production structures concerned, may limit them to the level of the purchaser or within regions, authorise complete transfers in the cases referred to in Article 65(3) and determine to what extent the transferor can repeat transfer operations. 2. Any Member State may decide not to implement paragraph 1 on the basis of one or both of the following criteria:
Article 67 Transfers of quotas together with land 1. Individual quotas shall be transferred with the holding to the producers taking it over when it is sold, leased, transferred by actual or anticipated inheritance or any other means involving comparable legal effects for the producers, in accordance with detailed rules to be determined by the Member States, taking account of the areas used for dairy production or other objective criteria and, where applicable, of any agreement between the parties. The part of the quota which, where applicable, has not been transferred with the holding shall be added to the national reserve. 2. Where quotas have been or are transferred in accordance with paragraph 1 by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are attributed solely to producers, that the quota shall not be transferred with the holding. 3. Where land is transferred to the public authorities and/or for use in the public interest, or where the transfer is carried out for non-agricultural purposes, Member States shall ensure that the necessary measures are taken to protect the legitimate interests of the parties, and in particular, that producers giving up such land are in a position to continue milk production if they so wish. 4. Where there is no agreement between the parties, in the case of tenancies due to expire without any possibility of renewal on similar terms, or in situations involving comparable legal effects, the individual quotas in question shall be transferred in whole or in part to the producer taking them over, in accordance with provisions adopted by the Member States, taking account of the legitimate interests of the parties. Article 68 Special transfer measures 1. With a view to successfully restructuring milk production or improving the environment, Member States may, in accordance with detailed rules which they shall lay down, taking account of the legitimate interests of the parties concerned:
2. Paragraph 1 may be implemented at national level, at the appropriate territorial level or in specified collection areas. Article 69 Retention of quotas 1. In the case of transfers as referred to in Articles 67 and 68 Member States may, on the basis of objective criteria, retain part of the individual quotas for their national reserve. 2. Where quotas have been or are transferred in accordance with Articles 67 and 68 with or without the corresponding land by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are attributed solely to producers, whether and under which conditions all or part of the transferred quota shall revert to the national reserve. Article 70 Aid for the acquisition of quotas No financial assistance linked directly to the acquisition of quotas may be granted by any public authority for the sale, transfer or allocation of quotas under this Section. Subsection III Quota overrun Article 71 Surplus levy 1. A surplus levy shall be payable on milk and other milk products marketed in excess of the national quota as established in accordance with Subsection II. The levy shall be set, per 100 kilograms of milk, at EUR 27,83. However, for the twelve-month periods starting on 1 April 2009 and 1 April 2010, the surplus levy for milk delivered in excess of 106 % of the national quota for deliveries applicable for the twelve-month period starting on 1 April 2008 shall be set at 150 % of the levy referred to in the second subparagraph. 2. By way of derogation from the first subparagraph of paragraph 1, for the 12-month periods starting on 1 April 2009 and 1 April 2010 and as regards deliveries the surplus levy shall be payable on milk marketed in excess of the national quota as established in accordance with Subsection II and reduced by individual quotas for deliveries released into the national reserve in accordance with Article 68(1)(a) as from 30 November 2009 and kept therein until 31 March of the 12-month period concerned. 3. Member States shall be liable to the Union for the surplus levy resulting from overruns of the national quota, determined nationally and separately for deliveries and direct sales, and between 16 October and 30 November following the twelve-month period concerned, shall pay 99 % of the amount due to the EAGF. 4. The difference between the amount of the surplus levy resulting from the application of paragraph 2 and that resulting from the application of the first subparagraph of paragraph 1 shall be used by the Member State for financing restructuring measures in the dairy sector. 5. If the surplus levy provided for in paragraph 1 has not been paid before the due date and after consultation of the Committee on the Agricultural Funds established by Regulation (EC) No 1290/2005, the Commission shall, after consulting the Committee on the Agricultural Funds established by Article 41(1) of Regulation (EC) No 1290/2005, deduct by means of implementing acts pursuant to Article 81(d) of this Regulation a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Articles 14 and 15(2) of that Regulation (EC) No 1290/2005. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. Article 17 of Regulation (EC) No 1290/2005 shall not apply. [Am. 10] Article 72 Contribution of producers to the surplus levy due The surplus levy shall be entirely allocated, in accordance with Articles 73 and 76, among the producers who have contributed to each of the overruns of the national quotas referred to in Article 59(2). Without prejudice to Articles 73(2) and 76(1), producers shall be liable vis-à-vis the Member State for payment of their contribution to the surplus levy due, calculated in accordance with Articles 62, 63 and 73, for the mere fact of having overrun their available quotas. For the 12-month periods starting on 1 April 2009 and 1 April 2010 and as regards the deliveries, the surplus levy shall be entirely allocated, in accordance with Articles 73 and 76, among the producers who have contributed to the overrun of the national quota as established by application of Article 71(2). Article 73 Surplus levy on deliveries 1. In order to draw up the definitive surplus levy statement, the quantities delivered by each producer shall be increased or reduced to reflect any difference between the real fat content and the reference fat content. At national level, the surplus levy shall be calculated on the basis of the sum of the deliveries, adjusted in accordance with the first subparagraph. 2. Each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to deliveries has or has not been re-allocated, in proportion to the individual quotas of each producer or according to objective criteria to be set by the Member States:
Where the third subparagraph of Article 71(1) applies, Member States, in establishing each producer's contribution to the amount of levy payable due to the application of the higher rate referred to in that subparagraph, shall ensure that this amount is contributed proportionately by the producers responsible according to objective criteria to be set by the Member State. Article 74 Role of purchasers 1. Purchasers shall be responsible for collecting from producers contributions due from the latter by virtue of the surplus levy and shall pay to the competent body of the Member State, before a date and following a procedure to be laid down by the Commission, by means of implementing acts pursuant to Article 81(d), (f) and (g), the amount of these contributions deducted from the price of the milk paid to the producers responsible for the overrun or, failing this, collected by any other appropriate means. 2. Where a purchaser fully or partially replaces one or more other purchasers, the individual quotas available to the producers shall be taken into account for the remainder of the twelve-month period in progress, after deduction of quantities already delivered and account being taken of their fat content. This paragraph shall also apply where a producer transfers from one purchaser to another. 3. Where, during the reference period, quantities delivered by a producer exceed that producer's available quota, the relevant Member State may decide that the purchaser shall deduct part of the price of the milk in any delivery by the producer concerned in excess of the quota, by way of an advance on the producer's contribution, in accordance with detailed rules laid down by the Member State. The Member State may make specific arrangements to enable purchasers to deduct this advance where producers deliver to several purchasers Article 75 Approval Purchaser status shall be subject to prior approval by the Member State in accordance with criteria to be laid by the Commission, by means of delegated acts pursuant to Article 80(1)(f). Article 76 Surplus levy on direct sales 1. In the case of direct sales, each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to direct sales has or has not been re-allocated, at the appropriate territorial level or at national level. 2. Member States shall establish the basis of calculation of the producer's contribution to the surplus levy due on the total quantity of milk sold, transferred or used to manufacture the milk products sold or transferred by applying criteria fixed by the Commission. 3. No correction linked to fat content shall be taken into account for the purpose of drawing up the definitive surplus levy statement. Article 77 Amounts paid in excess or unpaid 1. Where, in the case of deliveries or direct sales, the surplus levy is found to be payable and the contribution collected from producers is greater than that levy, the Member State may:
2. Where it is established that no surplus levy is payable, any advances collected by purchasers or the Member State shall be reimbursed no later than the end of the following twelve-month period. 3. Where a purchaser does not meet the obligation to collect the producers' contribution to the surplus levy in accordance with Article 74, the Member State may collect unpaid amounts directly from the producer, without prejudice to any penalties it may impose upon the defaulting purchaser. 4. Where a producer or a purchaser fails to comply with the time limit for payment, interest on arrears to be fixed by the Commission shall be paid to the Member State. Section IV Procedural rules concerning sugar and milk quotas Subsection I Procedural rules concerning sugar quotas Article 78 Delegated powers 1. In order to ensure that undertakings referred to in Article 51 comply with their obligations, the Commission may adopt, by means of delegated acts adopted in accordance with Article 321, rules on granting and withdrawal of approval of such undertakings and on modifying the dates laid down in Article 56, as well as the criteria for administrative penalties. [Am. 11] 2. In order to take into account the specificities of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission may lay down, by means of delegated acts adopted in accordance with Article 321, further definitions, including of relating to sugar, isoglucose and inulin syrup production, the production of an undertaking; and on the conditions governing sales to outermost regions. 3. In order to ensure that the beet growers are closely associated with a decision to carry forward a certain quantity of production, the Commission may, by means of delegated acts adopted in accordance with Article 321 lay down rules concerning carry forward of sugar. Article 79 Implementing powers
Subsection II Procedural rules concerning milk quotas Article 80 Delegated powers 1. In order to ensure that the milk quota system achieves its objective, in particular the efficient utilisation of individual quota and the sound calculation, collection and utilisation of the levy, the Commission shall, by means of delegated acts in accordance with Article 321, adopt rules as regards:
2. In order to ensure that operators and Member States respect their obligations, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules on:
Article 81 Implementing powers
Section V Production potential in the wine sector Subsection I Unlawful plantings Article 82 Unlawful plantings planted after 31 August 1998 1. Producers shall grub up at their own cost areas planted with vines without a corresponding planting right, where applicable, after 31 August 1998. 2. Pending grubbing-up in accordance with paragraph 1, grapes and products made from grapes from areas referred to in that paragraph may be put into circulation only for the purposes of distillation at the exclusive expense of the producer. The products resulting from distillation may not be used in the preparation of alcohol having an actual alcoholic strength by 80 % volume or less. 3. Without prejudice, where applicable, to earlier penalties imposed by Member States, Member States shall impose penalties on producers who have not complied with this grubbing-up obligation graduated according to the severity, extent and duration of the non-compliance. 4. The end of the transitional ban on new plantings on 31 December 2015, as provided for in Article 89(1), shall not affect the obligations provided for in this Article. Article 83 Obligatory regularisation of unlawful plantings planted before 1 September 1998 1. Producers shall, against the payment of a fee and not later than 31 December 2009, regularise areas planted with vines without a corresponding planting right, where applicable, before 1 September 1998. Without prejudice to any proceedings under clearance of accounts, the first subparagraph shall not apply to areas regularised on the basis of Article 2(3) of Council Regulation (EC) No 1493/1999(19). 2. The fee referred to in paragraph 1 shall be determined by Member States. It shall be equivalent to at least twice the average value of the corresponding planting right in the region concerned. 3. Pending regularisation under paragraph 1, grapes or products made from grapes from areas referred to in that paragraph may be put into circulation only for the purpose of distillation at the exclusive expense of the producer. The products may not be used in the preparation of alcohol having an actual alcoholic strength of 80 % volume or less. 4. Unlawful areas referred to in paragraph 1 which are not regularised in accordance with that paragraph by 31 December 2009 shall be grubbed up by the producers concerned at their own expense. Member States shall impose penalties, graduated according to the severity, extent and duration of the non-compliance, on producers who do not comply with this grubbing-up obligation. Pending the grubbing-up referred to in the first subparagraph, paragraph 3 shall apply mutatis mutandis. 5. The end of the transitional ban on new plantings on 31 December 2015, as provided for in Article 89(1), shall not affect the obligations provided for in paragraphs 3 and 4. Article 84 Verification of non-circulation or distillation 1. In relation to Article 82(2) and Article 83(3) and (4), Member States shall require proof of non-circulation of the products concerned or, where the products concerned are distilled, the submission of distillation contracts. 2. Member States shall verify non-circulation and distillation referred to in paragraph 1. They shall impose penalties in case of non-compliance. 3. Member States shall notify the Commission of the areas subject to distillation and the corresponding volumes of alcohol. Article 85 Accompanying measures Areas referred to in the first subparagraph of Article 83(1), as long as they are not regularised and areas referred to in Article 82(1) shall not benefit from any national or Union support measures. Article 86 Delegated powers 1. In order to ensure that producers comply with their obligations under this Subsection, the Commission may, by means of delegated acts in accordance with Article 321, adopt provisions concerning the non-circulation of products referred to in Article 84(1), and penalties that Member States may impose in case of non-compliance with the mentioned obligations. 2. In order to ensure the efficient detection and elimination of unlawful plantings, the Commission may, by means of a delegated act, adopt rules to reduce the Union allocation for support measures in case of non-compliance by Member States with the obligation to communicate data on unlawful plantings. Article 87 Implementing powers
Subsection II Transitional planting right regime Article 88 Duration This Subsection shall apply until 31 December 2015. Article 89 Transitional prohibition on planting vines 1. Without prejudice to Article 166 and in particular paragraph 4 thereof, the planting of vines of wine grape varieties classifiable according to Article 166(2) shall be prohibited. 2. Grafting-on of wine grape varieties classifiable according to Article 166(2) to varieties other than wine grape varieties referred to in that Article shall also be prohibited. 3. Notwithstanding paragraphs 1 and 2, plantings and grafting-on as referred to in those paragraphs shall be allowed if covered by:
4. The planting rights referred to in paragraph 3 shall be granted in hectares. 5. Member States may decide to maintain the prohibition referred to in paragraph 1 in their territory or parts of their territory until 31 December 2018 at the latest. In such cases the rules governing the transitional planting right regime as laid down in this Subsection, including this Article, shall apply accordingly in the given Member State. Article 90 New planting rights 1. Member States may grant new planting rights to producers in respect of areas:
2. New planting rights granted shall be:
Article 91 Replanting rights 1. Member States shall grant replanting rights to producers who have grubbed up an area planted with vines. However, grubbed-up areas for which a grubbing-up premium has been granted in accordance with Subsection III of Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 shall not generate replanting rights. 2. Member States may grant replanting rights to producers who undertake to grub up an area planted with vines. In such cases, the grubbing-up of the pledged area shall be carried out at the latest at the end of the third year after which new vines for which the replanting rights had been granted have been planted. 3. Replanting rights granted shall correspond to the equivalent of the grubbed-up area in terms of pure crop. 4. Replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out. 5. By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in the following cases:
Member States shall ensure that the application of the derogation provided for in the first subparagraph does not lead to an overall increase in production potential on their territory, in particular when transfers are made from non-irrigated to irrigated areas. 6. Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to replanting rights acquired under prior Union or national legislation. 7. Replanting rights granted under Article 4(5) of Regulation (EC) No 1493/1999 shall be used within the periods provided for therein. Article 92 National and regional reserve of planting rights 1. In order to improve management of the production potential, Member States shall create a national reserve or regional reserves of planting rights. 2. Member States which have established national or regional reserves of planting rights under Regulation (EC) No 1493/1999 may maintain those reserves as long as they apply the transitional planting right regime in accordance with this Subsection. 3. The following planting rights shall be allocated to national or regional reserves if they are not used within the prescribed period:
4. Producers may transfer replanting rights to national or regional reserves. The conditions of such transfer, where necessary in return for a payment from national funds, shall be determined by the Member States taking into account the legitimate interests of the parties. 5. By way of derogation from paragraph 1, Member States may decide not to implement a reserve system provided that they can prove that an effective alternative system for managing planting rights exists throughout their territory. The alternative system may, where necessary, derogate from the relevant provisions of this Subsection. The first subparagraph shall also apply to Member States which cease the operation of national or regional reserves under Regulation (EC) No 1493/1999. Article 93 Granting planting rights from the reserve 1. Member States may grant rights from a reserve:
Member States shall define the criteria for setting the amounts of the payment referred to in point (b) of the first subparagraph, which may vary depending on the final intended product of the vineyards concerned and on the residual transitional period during which the prohibition on new plantings, as provided for in Article 89(1) and (2), applies. 2. Where planting rights granted from a reserve are used, Member States shall ensure that:
3. Planting rights granted from a reserve which are not used before the end of the second wine year after the one in which they were granted shall be forfeited and re-allocated to the reserve. 4. Planting rights in a reserve which are not disbursed before the end of the fifth wine year following their allocation to the reserve shall be extinguished. 5. If regional reserves exist in a Member State, the Member State may lay down rules permitting the transfer of planting rights between regional reserves. If both regional and national reserves exist in a Member State, the Member State may also allow for transfers between those reserves. Transfers may be subject to a reduction coefficient. Article 94 De minimis This Subsection shall not apply in Member States where the Community planting right regime did not apply by 31 December 2007. Article 95 Stricter national rules Member States may adopt stricter national rules in respect of the award of new planting rights or replanting rights. They may require that the respective applications and the relevant information to be supplied therein be supplemented by additional information necessary for monitoring the development of production potential. Article 96 Delegated powers 1. In order to avoid an increase in production potential the Commission may, by means of delegated acts adopted in accordance with Article 321,
2. In order to provide for an equal treatment of producers that engage in grubbing-up, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules to ensure effectiveness of grubbing-up where replanting rights are granted. 3. In order to protect Union funds and the identity, provenance and quality of Union wine, the Commission may by means of delegated acts adopted in accordance with Article 321:
Article 97 Implementing powers
Subsection III Marketing rules to improve and stabilise the operation of the common market in wines Article 98 Marketing rules to improve and stabilise the operation of the common market in wines 1. In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the inter-branch organisations referred to in Articles 210(3) and 227.
2. The rules referred to in paragraph 1 must be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned. 3. The reporting obligation referred to in Article 227(3) shall also apply in respect of the decisions or actions taken by the Member States in accordance with this Article. CHAPTER IV Aid schemes Section I Production refund in the sugar sector Article 99 Production refund 1. A production refund may be granted on the products of the sugar-sector listed in points (b) to (e) of Part III of Annex I if surplus sugar or imported sugar, surplus isoglucose or surplus inulin syrup is not available at a price corresponding to the world price for the manufacturing of the products referred to in Article 55(2)(b) and (c). 2. Measures on the fixing of The production refund referred to in paragraph 1 shall be taken by the Council in accordance with Article 43(3) of the Treaty.fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account, in particular:
Article 100 Conditions for granting In order to take into account the specificities of the out of quota sugar market in the Union, the Commission may, by means of delegated acts in accordance with Article 321, adopt the conditions for the granting of the production refunds referred to in this Section. Section II Aids in the milk and milk products sector Subsection I Aid for special use Article 101 Aid for skimmed milk and skimmed milk powder for use as feedingstuffs 1. When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide that aid shall be granted for Union-produced skimmed milk and skimmed-milk powder intended for use as feedingstuffs according to conditions and product standards to be determined by the Commission by means of delegated acts pursuant to Article 103. For the purposes of this Article, buttermilk and buttermilk powder shall be regarded as skimmed milk and skimmed-milk powder. 2. Measures on the fixing of The aid amounts referred to in paragraph 1 shall be taken by the Council in accordance with Article 43(3) of the Treaty.fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the reference price for skimmed milk powder fixed in point (e)(ii) of Article 8(1), and the development of the market situation as regards skimmed milk and skimmed milk powder. Account shall be taken of the need for measures to support agricultural products from the outermost regions and of the the changes brought about by this Regulation. [Am. 15] Article 102 Aid for skimmed milk processed into casein and caseinates 1. When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, the Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide that aid shall be granted for Union-produced skimmed milk processed into casein and caseinates, according to conditions and product standards of such milk and the casein or caseinates produced from it to be determined by the Commission by means of delegated acts pursuant to Article 103. 2. Measures on the fixing of The aid amounts referred to in paragraph 1 shall be taken by the Council in accordance with Article 43(3) of the Treaty.fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the reference price for skimmed milk powder set out in point (e)(ii) of Article 8(1), and the development of the market situation as regards skimmed milk and skimmed milk powder. The aid referred to in the first subparagraph may be varied by the Commission, depending on whether the skimmed milk is processed into casein or caseinates and on the quality of those products. [Am. 16] Article 103 Delegated powers 1. In order to ensure that the objectives of aids referred to in Articles 101 and 102 are achieved, the Commission may, by means of delegated acts adopted in accordance with Article 321, define the products that may benefit from those aids and establish conditions and standards relating to the use of the products and the approval, and withdrawal of approval, of undertakings using the products for the purposes of claiming the aid. 2. In order to ensure that the skimmed milk and the skimmed milk powder for which aid is granted as provided for in Articles 101 and 102 are used for the intended purpose, the Commission may, by means of delegated acts adopted in accordance with Article 321, determine the records that undertakings must keep. 3. In order to ensure that operators respect their obligations, the Commission, by means of delegated acts adopted in accordance with Article 321:
Article 104 Implementing powers
Subsection II Conditions for production of cheese Article 105 Use of casein and caseinates in the manufacture of cheese 1. Where aid is paid under Article 102, the use of casein and caseinates in the manufacture of cheese may be subject to prior authorisation which shall be granted only if such use is a necessary condition for the manufacture of the products. 2. For the purposes of this Subsection:
Article 106 Delegated powers
Article 107 Implementing powers
Subsection III Aid for the supply of milk products to pupils Article 108 Supply of milk products to pupils 1. Union aid shall be granted for supplying to pupils in educational establishments certain processed milk products falling within CN codes 0401, 0403, 0404 90 and 0406 or CN code 2202 90. 2. Member States may, in addition to Union aid provided for in paragraph 1, grant national aid for supplying the products referred to in paragraph 1 to pupils in educational establishments. Member States may finance their national aid by means of a levy on the dairy sector or by any other contribution from the dairy sector. 3. Measures on fixing the Union aid for all milk shall be taken by the Council in accordance with Article 43(3) of the Treaty.adopted by the Commission, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), taking into account the need to sufficiently encourage the supply of milk products to educational establishments. Aid amounts for eligible milk products other than milk shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the milk components of the product concerned. [Am. 18] 4. The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per pupil and per day. Article 109 Delegated powers 1. In order to take account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market, the Commission shall, by means of delegated acts adopted in accordance with Article 321, determine the products referred to in Article 108(1). 2. In order to ensure that the appropriate beneficiaries and applicants qualify for the aid referred to in Article 108(1), the Commission shall, by means of delegated acts, in accordance with Article 321, adopt the conditions for granting aid.
3. In order to ensure that the aid is reflected in the price at which products are made available under the aid scheme, the Commission may, by means of delegated acts adopted in accordance with Article 321, provide for rules on the establishment of price monitoring under the aid scheme. 4. In order 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 Union. Article 110 Implementing powers
Section IV Aids in the hops sector Article 111 Aids to producer organisations 1. The Union shall finance a payment to producer organisations in the hops sector recognised in accordance with Article 209 to finance the aims referred to in that Article. 2. The Union financing per year for the payment to producer organisations provided for in paragraph 1 shall be EUR 2 277 000 for Germany. Article 112 Delegated powers
Article 113 Implementing powers
Section V Aids in the olive oil and table olives sector Article 114 Aids to operator organisations 1. The Union shall finance three-year work programmes to be drawn up by the operator organisations as defined in Article 212 in one or more of the following areas:
2. The Union financing per year of the work programmes shall be:
3. The maximum Union funding for the work programmes referred to in paragraph 1 shall be equal to the part of the amounts withheld by the Member States. This funding shall concern the eligible cost with a maximum of:
Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Union funding. 4. Without prejudice to any specific provisions which may be adopted by the Commission pursuant to Article 318, Member States shall verify that the conditions for granting Union funding are met. To that end, they shall carry out an audit of work programmes and a plan involving checks on a sample determined on the basis of a risk analysis and comprising at least 30 % per year of producer organisations and all the other operators' organisations in receipt of Union funding under this Article. Article 115 Delegated powers 1. In order to ensure that the aids provided for in Article 114 meet their objectives of improving the production quality of olive oil and table olives, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules on:
2. In order to ensure that operators respect their obligations, the Commission may, by means of delegated acts adopted in accordance with Article 321, require:
Article 116 Implementing powers
Section VI Aids in the fruit and vegetables sector Subsection I Producer groups Article 117 Aid to producer groups 1. During the transitional period allowed pursuant to Article 217, Member States may grant to producer groups in the fruit and vegetables sector which have been formed in view of being recognised as a producer organisation:
2. The aid referred to in paragraph 1 shall be reimbursed by the Union in accordance with rules on the financing of such aids, including the thresholds and ceilings and the degree of Union financing, to be adopted by the Commission by means of delegated acts pursuant to Article 118. 3. The aid referred to in paragraph 1(a) shall be determined for each producer group on the basis of its marketed production and shall amount, for the first, second, third, fourth and fifth years, to:
Those percentage rates may be reduced in relation to the value of marketed production which exceeds a threshold. A ceiling may be applied to the aid payable in any given year to a producer group. Article 118 Delegated powers
Article 119 Implementing powers
Subsection II Operational funds and operational programmes Article 120 Operational funds 1. Producer organisations in the fruit and vegetables sector may set up an operational fund. The fund shall be financed by:
2. Operational funds shall be used only to finance operational programmes approved by Member States in accordance with Article 125. Article 121 Operational programmes 1. Operational programmes in the fruit and vegetables sector shall have two or more of the objectives referred to in Article 209(c) or of the following objectives:
2. Crisis prevention and management shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:
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. In order to finance crisis prevention and management measures, producer organisations may take out loans on commercial terms. In this 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 122. Any specific action under crisis prevention and management shall be financed either by such loans, or directly, but not both. 3. Member States shall provide that:
Environmental actions shall respect the requirements for agri-environment payments set out in the first subparagraph of Article 39(3) of Regulation (EC) No 1698/2005. Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment commitments under that provision 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. 4. Paragraph 3 shall only apply in Bulgaria and Romania from 1 January 2011.] 5. Investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place. Article 122 Union financial assistance 1. The Union financial assistance shall be equal to the amount of the financial contributions referred to in Article 120(1)(a) as actually paid but limited to 50 % of the actual expenditure incurred. 2. The Union financial assistance shall be capped at 4,1 % of the value of the marketed production of each producer organisation. 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. 3. At the request of a producer organisation, the percentage provided for in paragraph 1 shall be 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions:
4. The percentage provided for in paragraph 1 shall be 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:
Article 123 National financial assistance 1. In regions of the Member States where the degree of organisation of producers in the fruit and vegetables sector is particularly low, Member States may be authorised by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), on a duly substantiated request, to pay producer organisations national financial assistance equal to a maximum of 80 % of the financial contributions referred to in Article 120(1)(a). This assistance shall be additional to the operational fund. 2. In regions of Member States where producer organisations market less than 15 % of the value of fruit and vegetable production and whose fruit and vegetable production represents at least 15 % of their total agricultural output, the national financial assistance referred to in paragraph 1 may be reimbursed by the Union at the request of the Member State concerned. The Commission shall decide on that reimbursement by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). Article 124 National framework and national strategy for operational programmes 1. Member States shall establish a national framework for drawing up the general conditions relating to the actions referred to in Article 121(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EC) No 1698/2005 including those in its Article 5 on complementarity, consistency and conformity. Member States shall submit their proposed framework to the Commission which, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, may require modifications within three months if it finds that the proposal does not enable the attainment of the objectives set out in Article 191 of the Treaty and in the sixth Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives. 2. Member States shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall provide for the following elements:
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. Article 125 Approval of operational programmes 1. Draft operational programmes shall be submitted to the competent national authorities, who shall approve or reject them or request their modification in line with the provisions of this Subsection. 2. Producer organisations shall communicate to the Member State the estimated amount of the operational fund for each year and shall submit appropriate reasons therefore based on operational programme estimates, expenditure for the current year and possibly expenditure for previous years and, if necessary, on estimated production quantities for the next year. 3. The Member State shall notify the producer organisation or association of producer organisations of the estimated amount of Union financial assistance in line with the limits set out in Article 122. 4. Union financial assistance payments shall be made on the basis of expenditure incurred for the schemes covered by the operational programme. Advances may be made in respect of the same schemes subject to the provision of a guarantee or security. 5. The producer organisation shall notify the Member State of the final amount of expenditure for the previous year, accompanied by the necessary supporting documents, so that it may receive the balance of the Union financial assistance. 6. Operational programmes and their financing by producers and producer organisations on the one hand and by Union funds on the other shall have a minimum duration of three and a maximum duration of five years. Article 126 Delegated powers
Article 127 Implementing powers
Subsection III chool Fruit Scheme Article 128 Aid for the supply of fruit and vegetable, processed fruit and vegetable and banana products to children 1. Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 129 and 130, Union aid shall be granted for:
2. Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation containing, in particular, the budget of their scheme including the Union and national contributions, the duration, the target group, the eligible products and the involvement of relevant stakeholders. They shall also provide for the accompanying measures 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 a measure adopted by the Commission by means of delegated acts pursuant to Article 129. They shall choose their products on the basis of objective criteria which may include seasonality, availability of produce or environmental concerns. In this connection, Member States may give preference to products of EU origin. 4. The Union aid referred to in paragraph 1 shall neither:
5. The Union aid provided for in paragraph 1 shall be allocated to each Member State on the basis of objective criteria based on their proportion of six to ten year old children. However, Member States participating in the scheme shall each receive at least EUR 175 000 of Union aid. Member States participating in the scheme shall apply every year for Union aid 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. 6. 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 paragraph 4(b) 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 strategy how it intends to extend its scheme or make it more effective. 7. Member States may, in addition to Union aid, grant national aid for the supply of products and related costs referred to in paragraph 1. These costs may also be covered by contributions from the private sector. Member States may also grant national aid for financing the accompanying measures referred to in paragraph 2. 8. The Union School Fruit Scheme shall be without prejudice to any separate national school fruit schemes which are compatible with Union law. 9. The Union may also finance, under Article 5 of Regulation (EC) No 1290/2005, information, monitoring and evaluation measures relating to the School Fruit Scheme, including raising public awareness of it, and related networking measures. Article 129 Delegated powers 1. In order to promote the healthy eating habits of children, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules on:
2. In order to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts in accordance with Article 321, adopt rules on:
3. In order to ensure that operators respect their obligations the Commission shall, by means of delegated acts in accordance with Article 321, adopt measures to prevent fraud and irregularities including the suspension of the right to participate in the scheme and the withdrawal of approval. 4. In order to promote awareness of the scheme the Commission may, by means of delegated acts adopted in accordance with Article 321, require beneficiaries to publicise the subsidising role of the scheme. Article 130 Implementing powers
Section VII Support programmes in the wine sector Subsection I Introductory provisions Article 131 Scope This Section lays down the rules governing the attribution of Union funds to Member States and the use of those funds by Member States through national support programmes (hereinafter referred to as support programmes) to finance specific support measures to assist the wine sector. Article 132 Compatibility and consistency 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 the 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. Member States shall be responsible for providing for and carrying out the necessary checks, verifications and penalties in case of non-compliance with the support programmes. 3. No support shall be granted:
Subsection II Submission and content of support programmes Article 133 Submission of support programmes 1. Each producer Member State referred to in Annex X shall submit to the Commission a draft five-year support programme containing measures in accordance with this Section. Support programmes that became applicable in accordance with the first subparagraph of Article 5(1) of Council Regulation (EC) No 479/2008(24) shall continue to apply under this Regulation. The support measures in the support programmes shall be drawn up at the geographical level which the Member States deem most appropriate. Before being submitted to the Commission, the support programme shall be subject to consultation with the competent authorities and organisations at the appropriate territorial level. Each Member State shall submit one single draft support programme which may accommodate regional particularities. 2. Support programmes shall become applicable three months after their submission to the Commission. However, if the Commission, by means of an implementing act without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, finds that the submitted support programme does not comply with the conditions laid down in this Section, the Commission shall inform the Member State thereof. In such a case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its notification 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. 4. Article 134 shall not apply where a Member State’s only measure in a support programme consists of the transfer to the Single Payment Scheme referred to in Article 137. In such case, Article 308(5) shall apply only in relation to the year in which the transfer takes place and Article 308(6) shall not apply. Article 134 Content of support programmes
Article 135 Eligible measures 1. Support programmes shall contain one or more of the following measures:
2. Support programmes shall not contain other measures than the ones listed in Articles 137 to 144 of this Regulation and Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007. Article 136 General rules concerning support programmes 1. The allocation of the available Union funds as well as the budgetary limits are provided for in Annex X. 2. Union support shall only relate to eligible expenditure incurred after the submission of the relevant support programme as referred to in Article 133(1). 3. Member States shall not contribute to the costs of measures financed by the Union under the support programmes. 4. By way of derogation from paragraph 3, Member States may grant national aid in accordance with the relevant Union rules on State aid for the measures referred to in Articles 138, 142 and 143. The maximum aid rate as laid down in the relevant Union rules on State aids shall apply to the global public financing, including both Union and national funds. Subsection III Specific support measures Article 137 Single Payment Scheme and support to vine-growers 1. Member States may provide support to vine-growers by allocating to them payment entitlements within the meaning of Chapter 1 of Title III of Regulation (EC) No 73/2009 in accordance with point O of Annex VII to that Regulation. 2. Member States intending to make use of the possibility referred to in paragraph 1 shall foresee such support in their support programmes, including, as regards subsequent transfers of funds to the Single Payment Scheme, by way of changes to those programmes in accordance with Article 133(3). 3. Once effective, support as referred to in paragraph 1 shall:
Article 138 Promotion on third-country markets 1. Support under this Article shall cover information or promotion measures concerning Union wines in third countries, thereby improving their competitiveness in those countries. 2. The measures referred to in paragraph 1 shall relate to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety. 3. The measures referred to in paragraph 1 may consist only of:
4. The Union contribution to promotion activities shall not exceed 50 % of the eligible expenditure. Article 139 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. 2. The restructuring and conversion of vineyards shall be supported in accordance with this Article only if Member States submit the inventory of their production potential in accordance with Article 304(3). 3. Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:
The normal renewal of vineyards which have come to the end of their natural life, namely, the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, shall not be supported. Member States may lay down further specifications, especially as regards the age of the vineyards replaced. [Am. 22] 4. Support for the restructuring and conversion of vineyards may only take the following forms:
5. Compensation to producers for the loss of revenue as referred to in paragraph 4(a) may cover up to 100 % of the relevant loss and take either of the following forms:
6. The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In regions classified as convergence regions in accordance with Regulation (EC) No 1083/2006, the Union contribution to the costs of restructuring and conversion shall not exceed 75 %. Article 140 Green harvesting 1. For the purposes of this Article, green harvesting means 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. [Am. 23] 2. Support for green harvesting shall contribute to restoring the balance of supply and demand in the market in wine in the Union 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. 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. Article 141 Mutual funds 1. Support for the setting up of mutual funds shall provide assistance to producers seeking to insure themselves against market fluctuations. 2. Support for the setting up of mutual funds may be granted in the form of temporary and degressive aid to cover the administrative costs of the funds. Article 142 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. The expression ‘adverse climatic event' shall have the same meaning as ’adverse climatic event which can be assimilated to a natural disaster‘ in Article 2(8) of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products-(25). [Am. 24] 2. Support for harvest insurance may be granted in the form of a financial Union contribution which must not exceed:
3. Support for harvest insurance may only 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. Article 143 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:
2. Support under paragraph 1 at its maximum rate shall be limited 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(26). For the territories of the Azores, Madeira, the Canary Islands, the smaller Aegean islands within the meaning of Regulation (EC) No 1405/2006 and the French overseas departments, no size limits shall apply for the maximum rate. For enterprises that are 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(27). 3. The eligible expenditure shall exclude the elements referred to in Article 71(3)(a), (b) and (c) of Regulation (EC) No 1698/2005. 4. The following maximum aid rates in relation to the eligible investment costs shall apply to the Union contribution:
5. Article 72 of Regulation (EC) No 1698/2005 shall apply mutatis mutandis to support referred to in paragraph 1 of this Article. Article 144 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 XIII. 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. 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 147. 3. The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid distortion of competition. Article 145 Cross-compliance Where farmers are found not to have complied on their holding, at any time during three years from payment under the support programmes for restructuring and conversion or at any time during one year from payment under the support programmes for green harvesting, with the statutory management requirements and the good agricultural and environmental condition referred to in Articles 6 and 22 to 24 of Regulation (EC) No 73/2009, the amount of the payment shall, where non-compliance is the result of an action or omission directly imputable to the farmer, be reduced or cancelled, partially or wholly depending on the severity, extent, permanence and repetition of the non-compliance, and the farmer shall, where applicable, be ordered to reimburse it in accordance with the conditions set out in those provisions. Subsection IV Procedural provisions Article 146 Delegated powers
Article 147 Implementing powers
Section VIII Special provisions for the apiculture sector Article 148 Scope 1. With a view to improving general conditions for the production and marketing of apiculture products, Member States may draw up a national programme for a period of three years (hereinafter referred to as the ‘apiculture programme’). 2. Member States may pay specific national aids for the protection of apiaries disadvantaged by structural or natural conditions or under economic development programmes, except for those allocated for production or trade. These aids shall be notified to the Commission by Member States together with the submission of the apiculture programme in accordance with Article 152. Article 149 Apiculture programme
Measures financed from the European Agricultural Fund for Rural Development in accordance with Regulation (EC) No 1698/2005 shall be excluded from the apiculture programme. Article 150 Study of the production and marketing structure in the beekeeping sector To be eligible for the part-financing provided for in Article 151(1), Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory. Article 151 Financing 1. The Union shall provide part-financing for the apiculture programmes equivalent to 50 % of the expenditure borne by Member States. 2. Expenditure relating to the measures taken under the apiculture programmes shall be made by the Member States by 15 October each year. Article 152 Consultation The apiculture programme shall be drawn up in close collaboration with the representative organisations and beekeeping cooperatives. It shall be submitted to the Commission for approval. Article 153 Delegated powers
Article 154 Implementing powers
Section IX Aids in the silkworm sector Article 155 Aid to be granted to silkworm rearers 1. Union aid shall be granted for silkworms falling within CN code ex 0106 90 00 and for silkworm eggs falling within CN code ex 0511 99 85 reared within the Union. 2. The aid shall be granted to silkworm rearers for each box of silkworm eggs used, on condition that the boxes contain a minimum quantity of eggs, to be determined, and that the worms have been successfully reared. 3. Member States are authorised to grant aid solely to rearers who have obtained their boxes of eggs from an approved body and who, on successful completion of rearing, have delivered the cocoons which have been produced to an approved body. 4. Measures on fixing the aid per box of silkworm eggs used shall be taken by the Council in accordance with Article 43(3) of the Treaty.Aid amounts granted to silkworm rearers shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the organisation of the silkworm rearing sector in certain regions of the Union and the need to facilitate the adaptation of supply to the market situation. [Am. 25] Article 156 Delegated powers
Article 157 Implementing powers
TITLE II RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS CHAPTER I Rules concerning marketing Section I Marketing standards Subsection I Introductory provisions Article 158 Scope Without prejudice to any other provisions applicable to products listed in Annex I and to agricultural ethyl alcohol as referred to in Part I of Annex II, as well as the provisions adopted in the veterinary and food sectors to ensure that products comply with hygiene and health standards and to protect animal and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for products listed in Annex I and agricultural ethyl alcohol as referred to in Part I of Annex II. Subsection II General marketing standard Article 159 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. 2. Where no marketing standards as referred to in Subsection III and in Directive 2000/36/EC of the European Parliament and of the Council(28) and in Council Directives 2001/110/EC(29), 2001/111/EC(30), 2001/112/EC(31), 2001/113/EC(32), 2001/114/EC(33), were established, products listed in Annex I to this Regulation which are ready for retail sale as human food as referred to in Article 3(7) 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, as appropriate, adopted by any of the international organisations listed in Annex XI. Article 160 Delegated powers In order to address changes in the market situation, taking into account the specificity of each sector, the Commission may, by means of delegated acts in accordance with Article 321, adopt, modify and derogate from requirements related to the general marketing standard referred to in Article 159(1), and rules concerning the conformity referred to in paragraph 3 of that Article. Subsection III Marketing standards by sectors or products Article 161 General principle The products for which marketing standards by sectors or products have been laid down may be marketed in the Union only in accordance with such standards. Article 162 Establishment and content 1. In order to take account of the expectations of consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality, the Commission may, by means of delegated acts in accordance with Article 321, adopt marketing standards by sectors or products referred to in Article 158, at all stages of the marketing, as well as derogations and exemptions from the application of such standards in order to adapt to the constantly changing market conditions, to the evolving consumer demands, as well as in order to take account of developments in relevant international standards and avoid creating obstacles to product innovation. 2. The marketing standards referred to in paragraph 1 may relate where appropriate to the requirements for:
3. The marketing standards by sectors or products referred to in paragraph 1 shall be established without prejudice to the provisions on Optional Quality Terms of Regulation of the European Parliament and of the Council [Regulation on agricultural product quality schemes], and taking into account:
Article 163 Definition, designation and/or sale description for certain sectors and/or products 1. The definitions, designations and/or sale descriptions provided for in Annex XII shall apply to the following sectors or products:
2. A definition, designation or sale description provided for in Annex XII may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in Annex XII. 3. In order to adapt to evolving consumer demands, and in order to take technical progress into account and avoid creating obstacles to product innovation, the Commission may, by means of delegated acts in accordance with Article 321, adopt any necessary modification, derogation or exemption to the definitions and sales descriptions provided for in Annex XII. Article 164 Tolerance In order to take into account the specificity of each sector, the Commission may, by means of delegated acts in accordance with Article 321, adopt a tolerance for each standard beyond which the entire batch of products will be considered as not respecting the standard. Article 165 Oenological practices 1. Where the International Organisation of Vine and Wine (OIV) has recommended and published methods of analysis for determining the composition of products and rules whereby it may be established whether products have undergone processes contrary to the authorised oenological practices, these should be the methods and rules applicable. Where there are no methods and rules recommended and published by the OIV, corresponding methods and rules shall be adopted by the Commission as referred to in point (g) of Article 162(2). Pending the adoption of such rules, the methods and rules to be used shall be those allowed by the Member State concerned. 2. Only oenological practices authorised in accordance with Annex XIII and provided for in point (g) of Article 162(2) and in Article 168(2) and (3) shall be used in the production and conservation in the Union of products of the wine sector.
Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product. Products of the wine sector shall be produced in the Union in accordance with the relevant restrictions laid down in Annex XIII. Products of the wine sector listed in Part II of Annex XII, which have undergone unauthorised Union oenological practices or, where applicable, unauthorised national oenological practices or which contravene the restrictions laid down in Annex XIII, shall not be marketed in the Union. 3. When authorising oenological practices for wine as referred to in point (g) of Article 162(2), the Commission shall:
Article 166 Wine grape varieties 1. Products listed in Part II of Annex XII and produced in the Union shall be made from wine grape varieties classifiable according to paragraph 2 of this Article. 2. Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted on their territories for the purpose of wine production.
Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing-up of this variety shall take place within 15 years of its deletion. 3. Member States whose wine production does not exceed 50 000 hectolitres per wine year, calculated on the basis of the average production during the latest five wine years, shall be exempted from the classification obligation referred to in the first subparagraph of paragraph 2. However, also in the Member States referred to in the first subparagraph, only wine grape varieties complying with the second subparagraph of paragraph 2 may be planted, replanted or grafted for the purpose of wine production. 4. By way of derogation from the first and third subparagraphs of paragraph 2 and the second subparagraph of paragraph 3, the planting, replanting or grafting of the following wine grape varieties shall be allowed by the Member States for scientific research and experimental purposes:
5. Areas planted with wine grape varieties for the purpose of wine production planted in breach of paragraphs 2, 3 and 4 shall be grubbed up. However, there shall be no obligation to grub up such areas where the relevant production is intended exclusively for consumption by the wine-producers’ households. 6. Member States shall take the necessary measures to check compliance by producers with paragraphs 2 to 5. Article 167 Specific use of wine Except for bottled wine in respect of which there is evidence that bottling was performed before 1 September 1971, wine produced from wine grape varieties listed in the classifications drawn up in accordance with the first subparagraph of Article 166(2) but not conforming to one of the categories laid down in Part II of Annex XII, shall be used only for consumption by individual wine-producers’ households, for the production of wine vinegar or for distillation. Article 168 National rules for certain products and/or sectors 1. Notwithstanding Article 162(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 this option provided for in the first subparagraph shall ensure that other Member States' products which comply with the criteria laid down by those national rules may, under non-discriminatory conditions, use terms which, by virtue of those rules, state that those criteria are complied with. 2. Member States may limit or exclude the use of certain oenological practices and provide for more stringent restrictions 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. Member States shall communicate those limitations, exclusions and restrictions to the Commission, which shall bring them to the attention of the other Member States. 3. Member States may allow the experimental use of unauthorised oenological practices under conditions specified by the Commission, by means of delegated acts in accordance with Article 321 adopted pursuant to paragraph 4. 4. In order to ensure the correct and transparent application, the Commission may, by means of delegated acts adopted in accordance with Article 321, specify the conditions for the application of paragraphs 1, 2 and 3 as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices as referred to in paragraph 3. Subsection IV Marketing standards related to import and export Article 169 General provisions In order to take account of the specificities in trade between the Union and certain third countries and of the special character of some agricultural products, the Commission may, by means of delegated acts adopted in accordance with Article 321, 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 Article 161 and determine the rules relating to the application of the marketing standards to products exported from the Union. Article 170 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 the Subsection II of Section II of this Chapter and in the definitions and sales descriptions referred to in Article 163 of this Regulation, shall apply to products falling under CN codes 2009 61, 2009 69 and 2204 which are imported into the Union. 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 and measures adopted pursuant to this Regulation. 3. The import of the products referred to in paragraph 1 shall be subject to the presentation of:
Subsection V Common provisions Article 171 National checks Member States shall carry out checks, based on a risk analysis, in order to verify whether products conform to the rules laid down in this Section and shall apply administrative penalties as appropriate. Article 172 Implementing powers
Section II Designations of origin, geographical indications and traditional terms in the wine sector Subsection I Introductory provisions Article 173 Scope 1. Rules relating to 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 XII. 2. The rules referred to in paragraph 1 shall be based on:
Subsection II Designations of origin and geographical indications Article 174 Definitions 1. For the purposes of this Subsection, the following definitions shall apply:
For the purpose of the application of points (a)(iii) and (b)(iii), ‘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), the up-to-15 % shareof grapes which may originate outside the demarcated geographical area shall originate from the Member State or third country concerned in which the demarcated area is situated.
By way of derogation from point (b)(iii) and on condition that the product specification laid down in Article 175(2) so provides, wines with a protected geographical indication may continue to be made into wine outside the immediate proximity of the demarcated area in question until 31 December 2012. By way of derogation from point (a)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product may be made into sparkling wine or semi-sparkling wine with a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986. [Am. 26] 2. Certain traditionally used names shall constitute a designation of origin where they:
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. Article 175 Content of applications for protection 1. Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:
2. The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication.
Article 176 Application for protection relating to a geographical area in a third country 1. Where the application for protection concerns a geographical area in a third country, it shall contain in addition to the elements provided for in Article 175, proof that the name in question is protected in its country of origin. 2. The application shall be sent to the Commission, either directly from the applicant or via the authorities of the third country concerned. 3. The application for protection shall be filed in one of the official languages of the Union or accompanied by a certified translation into one of those languages. Article 177 Applicants 1. Any interested group of producers, or in exceptional cases a single producer, may apply for the protection of a designation of origin or geographical indication. Other interested parties may participate in the application. 2. Producers may lodge an application for protection only for wines which they produce. 3. In the case of a name designating a trans-border geographical area or a traditional name connected to a trans-border geographical area, a joint application may be lodged. Article 178 Preliminary national procedure 1. Applications for protection of a designation of origin or a geographical indication of wines in accordance with Article 174 originating in the Union shall be subject to a preliminary national procedure in accordance with this Article. 2. The application for protection shall be filed with the Member State in which territory the designation of origin or geographical indication originates. 3. The Member State shall examine the application for protection in order to verify whether it meets the conditions set out in this Subsection. The Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State. 4. If the Member State considers that the designation of origin or geographical indication does not meet the relevant requirements or is incompatible with Union law in general, it shall reject the application. 5. If the Member State considers that the relevant requirements are met, it shall:
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. 6. Member States shall have the laws, regulations or administrative provisions in place that are necessary to comply with Article 118f of Regulation (EC) No 1234/2007 and this Article as from 1 August 2009. 7. Where a Member State has no national legislation concerning the protection of designations of origin and geographical indications, it may, on a transitional basis only, grant protection to the name in accordance with the terms of this Subsection at national level with effect from the day the application is lodged with the Commission. Such transitional national protection shall cease on the date on which a decision on registration or refusal under this Subsection is taken. Article 179 Scrutiny by the Commission 1. The Commission shall make the date of submission of the application for protection of the designation of origin or geographical indication public. 2. The Commission shall examine whether the applications for protection referred to in Article 178(5) meet the conditions laid down in this Subsection. 3. Where the Commission considers that the conditions laid down in this Subsection are met, it shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, decide to publish in the Official Journal of the European Union the single document referred to in Article 175(1)(d) and the reference to the publication of the product specification referred to in Article 178(5). 4. Where the Commission considers that the conditions laid down in this Subsection are not met, it shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide to reject the application. Article 180 Objection procedure Within two months from the date of publication provided for in Article 179(3), any Member State or third country, or any natural or legal person having a legitimate interest, resident or established in a Member State other than that applying for the protection or in a third country, may object to the proposed protection by lodging a duly substantiated statement relating to the conditions of eligibility as laid down in this Subsection with the Commission. In the case of natural or legal persons resident or established in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit of two months referred to in the first paragraph. Article 181 Decision on protection On the basis of the information available to the Commission upon the completion of the objection procedure referred to in Article 180, the Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), either decide to confer protection on the designation of origin or geographical indication which meets the conditions laid down in this Subsection and is compatible with Union law, or to reject the application where those conditions are not satisfied. Article 182 Homonyms 1. A name, for which an application is lodged, and which is wholly or partially homonymous with that of a name already registered under this Regulation concerning the wine sector, shall be registered with due regard for local and traditional usage and for any risk of confusion. A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned. The use of a registered homonymous name shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and the need not to mislead the consumer. 2. Paragraph 1 shall apply mutatis mutandis if a name, for which an application is lodged, is wholly or partially homonymous with a geographical indication protected as such under the legislation of Member States. Member States shall not register non-identical geographical indications for protection under their respective legislation on geographical indications if a designation of origin or geographical indication is protected in the Union by virtue of the Union law relevant to designations of origin and geographical indications. 3. Where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling the products covered by this Regulation, except where otherwise decided by the Commission, by means of delegated acts adopted in accordance with Article 321, in order to take existing labelling practices into account. 4. The protection of designations of origin and geographical indications for products covered in Article 174 shall be without prejudice to protected geographical indications applying in relation to spirit drinks within the meaning of Regulation (EC) No 110/2008 of the European Parliament and of the Council(34) and vice versa. Article 183 Grounds for refusal of protection 1. Names that have become generic shall not be protected as a designation of origin or geographical indication. For the purposes of this Subsection, a ‘name that has become generic’ means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the Union.
2. A name shall not be protected as a designation of origin or geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the wine. Article 184 Relationship with trademarks 1. Where a designation of origin or a geographical indication is protected under this Regulation, the registration of a trademark corresponding to one of the situations referred to in Article 185(2) and relating to a product falling under one of the categories listed in Part II of Annex XII shall be refused if the application for registration of the trademark 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. Trademarks registered in breach of the first subparagraph shall be invalidated. 2. Without prejudice to Article 183(2), a trademark the use of which corresponds to one of the situations referred to in Article 185(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 trademark’s invalidity or revocation exist as specified by the Directive 2008/95/EC of the European Parliament and of the Council(35) or by Council Regulation (EC) No 207/2009(36). In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trademarks. Article 185 Protection 1. Protected designations of origins and protected geographical indications may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification. 2. Protected designations of origins and protected geographical indications and the wines using those protected names in conformity with the product specification shall be protected against:
3. Protected designations of origin or protected geographical indications shall not become generic in the Union within the meaning of Article 183(1). 4. Member States shall take the steps necessary to stop unlawful use of protected designations of origin and protected geographical indications as referred to in paragraph 2. Article 186 Register The Commission shall establish and maintain an electronic register of protected designations of origin and protected geographical indications for wine which shall be publicly accessible. Article 187 Designation of competent authority 1. Member States shall designate the competent authority or authorities responsible for checks in respect of the obligations established by this Subsection in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council(37). 2. Member States shall ensure that any operator complying with this Subsection is entitled to be covered by a system of checks. 3. Member States shall inform the Commission of the competent authority or authorities referred to in paragraph 1. The Commission shall make their names and addresses public and update them periodically. Article 188 Verification of compliance with specifications 1. In respect of protected designations of origin and protected geographical indications relating to a geographical area within the Union, annual verification of compliance with the product specification, during the production and during or after conditioning of the wine, shall be ensured by:
The costs of such verification shall be borne by the operators subject to it. 2. In respect of protected designations of origin and protected geographical indications relating to a geographical area in a third country, annual verification of compliance with the product specification, during the production and during or after conditioning of the wine, shall be ensured by:
3. The certification bodies referred to in paragraphs 1(b) and 2(b) shall comply with, and be accredited in accordance with, the European standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems). 4. Where the authority or authorities referred to in paragraphs 1(a) and 2(a) verify compliance with the product specification, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks. Article 189 Amendments to product specifications 1. An applicant satisfying the conditions of Article 177 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 referred to in point (d) of the second subparagraph of Article 175(2). Applications shall describe and give reasons for the amendments requested. 2. Where the proposed amendment involves one or more amendments to the single document referred to in Article 175(1)(d), Articles 178 to 181 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), decide whether to approve the application without following the procedure laid down in Article 179(2) and Article 180 and in the case of approval, the Commission shall proceed to the publication of the elements referred to in Article 179(3). 3. Where the proposed amendment does not involve any change to the single document, the following rules shall apply:
Article 190 Cancellation 1. The Commission may, at its own initiative or at the duly substantiated request of a Member State, of a third country or of a natural or legal person having a legitimate interest, decide, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), to cancel the protection of a designation of origin or a geographical indication if compliance with the corresponding product specification is no longer ensured. Articles 178 to 181 shall apply mutatis mutandis. Article 191 Existing protected wine names 1. Wine names, which are protected in accordance with Articles 51 and 54 of Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002(38), shall automatically be protected under this Regulation. The Commission shall list them in the register provided for in Article 186 of this Regulation. 2. Member States shall, in respect of existing protected wine names referred to in paragraph 1, transmit to the Commission:
3. Wine names referred to in paragraph 1, for which the information referred to in paragraph 2 is not submitted by 31 December 2011, shall lose protection under this Regulation. The Commission shall take the corresponding formal step of removing such names from the register provided for in Article 186 by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323. 4. Article 190 shall not apply in respect of existing protected wine names referred to in paragraph 1 of this Article. Until 31 December 2014 the Commission may, at its own initiative, decide, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), to cancel protection of existing protected wine names referred to in paragraph 1 if they do not meet the conditions laid down in Article 174. Article 192 Fees Member States may charge a fee to cover their costs, including those incurred in examining applications for protection, statements of objections, applications for amendments and requests for cancellations under this Subsection. Article 193 Delegated powers 1. In order to take account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts in accordance with Article 321, adopt:
2. In order to ensure product quality and traceability, the Commission may, by means of delegated acts in accordance with Article 321, provide for the conditions under which product specifications may include additional requirements as referred to in Article 175(2)(h). 3. In order to ensure the legitimate rights or interests of producers or operators, the Commission may, by means of delegated acts adopted in accordance with Article 321:
4. In order to ensure an adequate protection, the Commission may, by means of delegated acts in accordance with Article 321, adopt restrictions regarding the protected name. 5. In order to prevent the unlawful use of protected designations of origin and protected geographical indications, the Commission may, by means of delegated acts adopted in accordance with Article 321, define the actions to be implemented by the Member States in this respect. 6. In order to ensure the efficiency of the checks provided for in this Subsection, the Commission may, by means of delegated acts in accordance with Article 321, adopt the necessary measures regarding the notification of operators to the competent authorities. 7. In order 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, the Commission may, by means of delegated acts in accordance with Article 321, adopt transitional provisions concerning:
Article 194 Implementing powers 1. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this Subsection regarding:
2. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this Subsection as regards the procedure, including admissibility, for the examination of applications for protection or for the approval of an amendment of a designation of origin or a geographical indication, as well as the procedure, including admissibility, for requests for objection, cancellation, or conversion, and the submission of information related to existing protected wine names, in particular with respect to:
Article 195 Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1) without the application of Article 323 Where an application or a request is deemed inadmissible, the Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, decide to reject it as inadmissible. Subsection III Traditional terms Article 196 Definition
Article197 Protection 1. A protected traditional term may only be used for a product which has been produced in conformity with the definition referred to in Article 196. Traditional terms shall be protected against unlawful use. Member States shall take the steps necessary to stop the unlawful use of protected traditional terms. 2. Traditional terms shall not become generic in the Union. Article 198 Delegated powers 1. In order to ensure an adequate protection, the Commission may, by means of delegated acts in accordance with Article 321, adopt provisions regarding the language and the spelling of the term to be protected. 2. In order to ensure the legitimate rights or interests of producers or operators, the Commission may, by means of delegated acts adopted in accordance with Article 321, define the following:
3. In order to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts in accordance with Article 321, adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 196. 4. In order to prevent the unlawful use of protected traditional terms, the Commission may, by means of delegated acts adopted in accordance with Article 321, specify the actions to be implemented by the Member States in this respect. Article 199 Implementing powers 1. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this Subsection as regards the procedure, including admissibility, for the examination of applications for protection or for the approval of a modification of a traditional term, as well as the procedure, including admissibility, for requests for objection or cancellation, in particular with respect to:
2. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), decide to accept or reject an application for protection of a traditional term or a request for a modification of the protected term or the cancellation of the protection of a traditional term. 3. The Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), provide for the protection of traditional terms for which the application for protection has been accepted, in particular by classifying them in accordance with point (a) or (b) of Article 196 and by publishing a definition and/or the conditions of use. Article 200 Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1) without the application of Article 323 Where an application or a request is deemed inadmissible, the Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, decide to reject it as inadmissible. Section III Labelling and presentation in the wine sector Article 201 Definition
Article 202 Applicability of horizontal rules 1. Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC(39), Directive 2000/13/EC of the European Parliament and of the Council(40) and Directive 2007/45/EC of the European Parliament and of the Council(41) shall apply to the labelling and presentation of products falling under their scopes. The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex XII may not be supplemented by any particulars other than those provided for in this Regulation unless they satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC. 2. Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC are present in one of the products referred to in Annex XII, Part II to this Regulation, they must be indicated on the labelling, preceded by the term ‘contains’. For sulphites, the following terms may be used: ‘sulphites’, ‘sulfites’, ‘sulphur dioxide’ or ‘sulfur dioxide’. 3. The labelling obligation referred to in paragraph 2 may be accompanied by the use of a pictogram to be determined by means of delegated acts adopted in accordance with Article 321. [Am. 27] Article 203 Compulsory particulars 1. Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex XII marketed in the Union or for export shall contain the following compulsory particulars:
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’. [Am. 28] 3. By way of derogation from paragraph 1(b), the reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’ may be omitted in the following cases:
Article 204 Optional particulars 1. Labelling and presentation of the products referred to in Article 203(1) may in particular contain the following optional particulars:
2. Without prejudice to Article 182(3), as regards the use of particulars referred to in paragraph 1(a) and (b) for wines without a protected designation of origin or a protected geographical indication:
Article 205 Languages 1. Compulsory and optional particulars referred to in Articles 203 and 204 shall, where expressed in words, appear in one or more official language of the Union. 2. Notwithstanding paragraph 1, the name of a protected designation of origin or a protected geographical indication or a traditional term as referred to in Article 196(a) shall appear on the label in the language or languages for which the protection applies. In the case of protected designations of origin or protected geographical indications or national specific designations using a non-Latin alphabet, the name may also appear in one or more official languages of the Union. Article 206 Enforcement The competent authorities of the Member States shall take measures to ensure that a product referred to in Article 203(1) which is not labelled in conformity with this Section is not placed on, or is withdrawn from, the market. Article 207 Delegated powers 1. In order to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts in accordance with Article 321, adopt definitions, rules and restrictions concerning:
2. In order to ensure the efficiency of the certification, approval and verification procedures provided for in this Section, the Commission may, by means of delegated acts in accordance with Article 321, adopt the necessary measures in this respect. 3. In order to ensure the legitimate interests of operators, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication concerned meet the requirements as referred to in Article 178(5). 4. In order to ensure that economic operators are not prejudiced, the Commission may, by means of delegated acts in accordance with Article 321, adopt transitional provisions as regards wine placed on the market and labelled before 1 August 2009. 5. In order to prevent the marketing in the Union or the export of products not labelled in conformity with this Section, the Commission may, by means of delegated acts adopted in accordance with Article 321, define the actions to be implemented by the Member States in this respect. 6. In order to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts in accordance with Article 321, adopt derogations from this Section. Article 208 Implementing powers The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this Section concerning procedures, notifications and technical criteria. CHAPTER II Producer organisations, producer groups, interbranch organisations, operator organisations Section I General principles Article 209 Producer organisations
Member States may also recognise producer organisations constituted by producers in any sector referred to in Article 1, other than those sectors referred to in point (a) of the first paragraph, on the conditions set out in points (b) and (c) of that paragraph.
Article 210 Interbranch organisations 1. Member States shall recognise interbranch organisations which:
2. Where interbranch organisations referred to in paragraph 1 carry out their activities in the territories of several Member States, recognition shall be granted by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323. 3. Further to paragraph 1, Member States shall, with regard to the fruit and vegetables sector, and may, with regard to the wine sector, also recognise interbranch organisations which:
4. Member States may also recognise inter-branch organisations which:
Article 211 Common provisions concerning producer and interbranch organisations 1. Article 209 and Article 210(1) shall apply without prejudice to the recognition, decided by Member States on the basis of national law and in compliance with Union law, of producer organisations or interbranch organisations respectively, in any sector referred to in Article 1 except for the sectors referred to in point (a) of the first paragraph of Article 209 and in Article 210(1). 2. Producer organisations recognised or approved in accordance with Regulations (EEC) No 707/76(42), (EC) No 865/2004(43) and (EC) No 1952/2005(44) shall be considered as recognised producer organisations under Article 209 of this Regulation. Interbranch organisations recognised or approved in accordance with Regulations (EEC) No 2077/92(45) and (EC) No 865/2004 shall be considered recognised interbranch organisations under Article 210 of this Regulation. Article 212 Operator organisations For the purposes of this Regulation, operator organisations shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators in the olive oil and table olives sector or their associations. Section II Rules concerning producer and interbranch organisations and producer groups in the fruit and vegetables sector Subsection I Rules of association and recognition of producer organisations Article 213 Rules of association of producer organisations 1. The rules of association of a producer organisation in the fruit and vegetables sector shall require its producer members, in particular, to:
2. Notwithstanding paragraph 1(c), where the producer organisation so authorises and where this is in compliance with the terms and conditions laid down by the producer organisation, the producer members may:
3. The rules of association of a producer organisation shall also provide for:
4. Producer organisations in the fruit and vegetables sector shall be deemed as acting in the name of, and on behalf of, their members in economic matters. Article 214 Recognition 1. Member States shall recognise as producer organisations in the fruit and vegetables sector all legal entities or clearly defined parts of legal entities applying for such recognition, provided that:
2. Member States shall:
Subsection II Association of producer organisations and producer groups Article 215 Association of producer organisations in the fruit and vegetables sector
Article 213(4) shall apply mutatis mutandis. Article 216 Outsourcing Member States may permit a recognised producer organisation in the fruit and vegetables sector or a recognised association of producer organisations in that sector to outsource any of its activities, including to subsidiaries, provided that it provides sufficient evidence to the Member State that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned. Article 217 Producer groups in the fruit and vegetables sector 1. In Member States which acceded to the European Union on 1 May 2004 or thereafter, or in the outermost regions of the Union as referred to in Article 349(2) of the Treaty, or in the smaller Aegean Islands as referred to in Article 1(2) of Regulation (EC) No 1405/2006, producer groups may be formed as a legal entity or clearly defined part of a legal entity, on the initiative of farmers who are growers of one or more products of the fruit and vegetables sector and/or of such products solely intended for processing, with a view to being recognised as a producer organisation. Such producer groups may be allowed a transitional period in which to meet the conditions for recognition as a producer organisation in accordance with Article 209. In order to qualify, those producer groups shall present a phased recognition plan to the relevant Member State, acceptance of which shall signal the start of the transitional period referred to in the second subparagraph and shall constitute a preliminary recognition. The transitional period shall be no more than five years long. 2. Before acceptance of the recognition plan, Member States shall inform the Commission of their intentions and the likely financial implications thereof. Subsection III Extension of rules to producers in an economic area Article 218 Extension of rules 1. In cases where a producer organisation in the fruit and vegetables sector 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 that economic area who do not belong to the producer organisation:
However, the condition referred to in point (a) of the second subparagraph shall not apply if the rules concerned are those listed in points 1, 3 and 5 of Annex XIV. In this case, the extension of rules may not apply for more than one marketing year. 2. For the purposes of this Subsection, ‘economic area’ means a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous. Member States shall notify a list of economic areas to the Commission. Within one month of notification, the Commission shall, by means of an implementing act without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, approve the list or shall, after consultation with the Member State concerned, decide on the amendments which the latter must make to it. The Commission shall make the approved list publicly available by the methods it considers appropriate. 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 volume of production of that area. Without prejudice to paragraph 5, in calculating these percentages account shall not be taken of producers or production of organic products covered, until 31 December 2008, by Regulation (EEC) No 2092/91(46) and, from 1 January 2009, by Regulation (EC) No 834/2007(47). 4. The rules which are made binding on all producers in a specific economic area:
5. Rules may not be made binding on producers of organic products covered, until 31 December 2008, by Regulation (EEC) No 2092/91 and, from 1 January 2009, by Regulation (EC) No 834/2007 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. Article 219 Notification Member States shall notify the Commission forthwith of the rules which they have made binding on all producers in a specific economic area pursuant to Article 218(1). The Commission shall make those rules publicly available by the methods it considers appropriate. Article 220 Repeal of the extension of rules
Article 221 Financial contributions of non-member producers
Article 222 Extension of rules of associations of producer organisations For the purposes of this Subsection, any reference to producer organisations shall also be construed as a reference to recognised associations of producer organisations. Subsection IV Interbranch organisations in the fruit and vegetables sector Article 223 Recognition and withdrawal of recognition 1. If warranted by the Member State’s structures, Member States may recognise as interbranch organisations in the fruit and vegetables sector all legal entities established on their territory which make an appropriate application, on condition that:
2. Before granting recognition Member States shall notify the Commission of the interbranch organisations which have applied for recognition, providing all relevant information about their representativeness and their various activities, together with all other information needed for an assessment. The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, object to recognition within a time limit of two months after notification. 3. Member States shall:
4. Recognition shall constitute an authorisation to carry out the activities listed in Article 210(3)(c), subject to the terms of this Regulation. 5. The Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), lay down the terms and conditions on which and the frequency with which the Member States are to report to the Commission on the activities of interbranch organisations. 6. The Commission may, as a result of checks, request a Member State, by means of an implementing act without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, to withdraw recognition. 7. The Commission shall make publicly available a list of recognised interbranch organisations, by the methods it considers appropriate, indicating the economic sphere or the area of their activities and the activities carried out within the meaning of Article 224. Withdrawals of recognition shall also be made publicly available. Article 224 Extension of rules 1. In cases where an interbranch organisation operating in a specific region or regions of a Member State is considered to be representative of the production of or trade in or processing of a given product, the Member State concerned may, at the request of that interbranch organisation, make binding some of the agreements, decisions or concerted practices agreed on within that organisation for a limited period on other operators operating in the region or regions in question, whether individuals or groups, who do not belong to the organisation. 2. An interbranch organisation shall be deemed representative within the meaning of paragraph 1 where it accounts for at least two thirds of the production or trade in or processing of the product or products concerned in the region or regions concerned of a Member State. Where the application for extension of its rules to other operators covers more than one region, the interbranch organisation must demonstrate a minimum level of representativeness for each of the branches it groups in each of the regions concerned. 3. The rules for which extension to other operators may be requested:
However, the condition referred to in point (b) of the first subparagraph shall not apply if the rules concerned are those listed in points 1, 3 and 5 of Annex XIV. In this case, the extension of rules may not apply for more than one marketing year. 4. The rules referred to in points (a)(ii), (iv) and (v) of the first subparagraph of paragraph 3 shall not be other than those set out in Annex XIV. The rules referred to in point (a)(ii) of the first subparagraph of paragraph 3 shall not apply to products which were produced outside the specific region or regions referred to in paragraph 1. Article 225 Notification and repeal of the extension of rules 1. Member States shall notify the Commission forthwith of the rules which they have made binding on all operators in one or more specific regions pursuant to Article 224(1). The Commission shall make those rules publicly available by the methods it considers appropriate. 2. Before the rules are made publicly available, the Commission shall inform the Committee referred to in Article 323(1) of any notification of the extension of interbranch agreements. 3. The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, decide that a Member State must repeal an extension of the rules decided on by that Member State in the cases referred to in Article 220. Article 226 Financial contributions of non-members In cases where rules for one or more products are extended and where one or more of the activities referred to in Article 224(3)(a) are pursued by a recognised interbranch organisation and are in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition may decide that individuals or groups which are not members of the interbranch organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question. Section III Rules concerning producer and interbranch organisations in the wine sector Article 227 Recognition 1. Member States may recognise producer and interbranch organisations which have lodged an application for recognition with the Member State concerned and the application contains evidence that the entity:
2. Producer organisations recognised in accordance with Regulation (EC) No 1493/1999 shall be considered as recognised producer organisations under this Article. Organisations meeting the criteria set out in Article 210(3) and of paragraph (1)(b) of this Article, which have been recognised by Member States, shall be considered as recognised interbranch organisations under those provisions. 3. Articles 214(2) and 223(3) shall apply mutatis mutandis to producer and interbranch organisations respectively in the wine sector. However:
Section IV Rules concerning interbranch organisations in the tobacco sector Article 228 Payment of subscription by non-members 1. Where one or more of the activities referred to in paragraph 2 is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition, or where recognition has been granted by the Commission, the Commission, by means of implementing acts adopted without the assistance of the Committee referred to in Article 323(1), where recognition has been granted by the Commission,application of Article 323, may decide that individuals or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the subscriptions paid by its members to the extent that such subscriptions are intended to cover costs, other than administrative costs of any description, directly incurred as a result of pursuing the activities in question. [Am. 29] 2. The activities referred to in paragraph 1 shall relate to one of the following objectives:
3. The Member States concerned shall notify the Commission of decisions which they intend to take under paragraph 1. Such decisions may not apply before the expiry of a three month period starting from the date of notification to the Commission. Within that three month period the Commission may, by means of an implementing act without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, call for the rejection of all or part of the draft decision if the general economic interest put forward does not appear to be well founded. 4. Where the activities of an interbranch organisation recognised by the Commission, in accordance with this Chapter are in the general economic interest, the Commission shall notify its draft decision to the Member States concerned, who shall then have two months to make their comments. Section V Producer organisations in the milk and milk products sector Article 229 Contractual negotiations in the milk and milk products sector 1. Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 311(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 209, on behalf of its farmer members for part or all of their joint production. 2. The negotiation by the producer organisation may take place:
3. For the purposes of this Article, references to producer organisations shall also cover associations of such producer organisations. In order to ensure that these associations may be appropriately monitored, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules on the conditions for recognition of such associations. 4. For the purposes of applying point (c) of paragraph 2, the Commission shall publish, by the methods it considers appropriate, the amounts of raw milk production in the Union and the Member States using the most up-to-date information available. 5. By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of 33% is not exceeded, the competition authority referred to in the second subparagraph may decide in an individual case that the negotiation by the producer organisation may not take place if it considers that this is necessary in order to prevent competition being excluded or in order to avoid serious prejudice to SME processors of raw milk in its territory. The decision referred to in the first subparagraph shall be taken by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323 for negotiations covering the production of more than one Member State. In other cases it shall be taken by the national competition authority of the Member State the production of which is covered by the negotiations. The decisions referred to in the first and second subparagraphs shall not apply earlier than the date of their notification to the undertakings concerned. 6. For the purposes of this Article:
Section VI Procedural rules Article 230 Delegated and implementing powers 1. In order to ensure that the objectives and responsibilities of producer organisations, producer groups in the fruit and vegetables sector, operator organisations in the olive oil and table olives sector and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations and groups, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules on the following:
2. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt the necessary measures relating to this Chapter, in particular on:
PART III TRADE WITH THIRD COUNTRIES CHAPTER I General provisions Article 231 General principles
Article 232 Combined nomenclature The general rules for interpreting the Combined Nomenclature, provided for in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(49) (hereinafter referred to as ‘Combined Nomenclature’), and the special rules for its application shall apply to the tariff classification of products covered by this Regulation. The tariff nomenclature resulting from the application of this Regulation, including, as the case may be, the definitions in Annexes III and Part II of Annex XII shall be included in the Common Customs Tariff. CHAPTER II Imports Section I Import licences Article 233 Import licences
Article 234 Issue of licences Import licences shall be issued by Member States to any applicant, irrespective of their place of establishment in the Union, unless any act adopted in accordance with Article 43(2) of the Treaty provides otherwise, and without prejudice to measures taken for the application of this Chapter. Article 235 Validity Import licences shall be valid throughout the Union. Article 236 Security 1. Save as otherwise provided for by the Commission, by means of delegated acts pursuant to Article 238, licences shall be issued subject to the lodging of a security guaranteeing that the products are imported within the period of validity of the licence. 2. Except in cases of force majeure, the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the licence. Article 237 Special security in the wine sector 1. For juice and musts falling under CN codes 2009 61, 2009 69 and 2204 30 for which the application of the Common Customs Tariff duties depends on the import price of the product, the actual amount of that price shall be verified either by checking every consignment or by using a flat-rate import value calculated by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, on the basis of price quotations for the same products in the countries of origin. Should the declared entry price of the consignment be higher than the flat-rate import value, if such applies, increased by a margin adopted by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), that may not exceed the flat-rate import value by more than 10 %, a security must be lodged equal to the import duties determined on the basis of the flat-rate import value. If the entry price of the consignment is not declared, the application of Common Customs Tariff duties shall be dependent on the flat-rate import value or on the application, under conditions to be determined by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), of the relevant provisions of customs legislation. 2. Should derogations adopted in accordance with Article 43(2) of the Treaty referred to in point 5 of Section B or Section C of Part II of Annex XIII be applied to imported products, importers shall lodge a security for those products with the designated customs authorities at the time of release for free circulation. The security shall be released on presentation by the importer of proof, to the satisfaction of the customs authorities of the Member State of release for free circulation, that the musts were made into grape juice, used in other products outside the wine sector or, if vinified, have been appropriately labelled. Article 238 Delegated powers 1. In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports of the products in question, the Commission may, by means of delegated acts adopted in accordance with Article 321, determine:
2. In order to define the main elements of the import licence system, the Commission may, by means of delegated acts adopted in accordance with Article 321:
Article 239 Implementing powers
Section II Import duties and levies Article 240 Import duties Save as otherwise provided for pursuant to this Regulation, the rates of import duty in the Common Customs Tariff shall apply to the products referred to in Article 1. Article 241 Calculation of import duties for cereals 1. Notwithstanding Article 240, the import duty on products covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00 00, 1005 10 90, 1005 90 00 and 1007 00 90 other than hybrid for sowing, shall be equal to the intervention price valid for such products on importation increased by 55 %, minus the c.i.f. import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty as determined on the basis of the Combined Nomenclature. 2. The import duty referred to in paragraph 1 shall be calculated by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323 on the basis of representative c.i.f. import prices established on a regular basis for the products referred to in paragraph 1 of this Article. Article 242 Calculation of import duties for husked rice 1. Notwithstanding Article 240, the import duty on husked rice falling within CN code 1006 20 shall be fixed by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323 within 10 days of the end of the reference period concerned in accordance with point 1 of Annex XV. The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, fix a new applicable duty if the calculations performed under that Annex indicate a need to change the duty. Until such time as a new applicable duty is fixed, the duty previously fixed shall apply. 2. In order to calculate the imports referred to in point 1 of Annex XV, account shall be taken of the quantities for which import licences for husked rice falling within CN code 1006 20 were issued in the corresponding reference period, excluding the import licences for Basmati rice referred to in Article 243. 3. The annual reference quantity shall be 449 678 tonnes. The partial reference quantity for each marketing year shall correspond to half the annual reference quantity. Article 243 Calculation of import duties for husked basmati rice Notwithstanding Article 240, the husked Basmati rice varieties falling within CN codes 1006 20 17 and 1006 20 98 listed in Annex XVI shall qualify for a zero rate of import duty under the conditions fixed by the Commission by means of delegated and implementing acts adopted pursuant to Articles 249 and 250. Article 244 Calculation of import duties for milled rice 1. Notwithstanding Article 240, the import duty for semi-milled or wholly milled rice falling within CN code 1006 30 shall be fixed by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, within ten days after the end of the reference period concerned in accordance with point 2 of Annex XV. The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, fix a new applicable duty if the calculations performed under that Annex indicate a need to change the duty. Until such time as a new applicable duty is fixed, the duty previously fixed shall apply. 2. In order to calculate imports referred to in point 2 of Annex XV, account shall be taken of the quantities for which import licences for semi-milled or wholly milled rice falling within CN code 1006 30 were issued in the corresponding reference period. Article 245 Calculation of import duties for broken rice Notwithstanding Article 240, the import duty on broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne. Article 246 Entry price system for the fruit and vegetables and the processed fruit and vegetables sectors 1. Should application of the Common Customs Tariff duty rate depend on the entry price of the imported consignment, the veracity of this price shall be checked using a standard import value calculated by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, by product and by origin, on the basis of the weighted average of prices for the product on Member States’ representative import markets or on other markets, where appropriate. Specific provisions may, however, be adopted by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a) for verifying the entry price of products imported primarily for processing. 2. Where the declared entry price of the consignment in question is higher than the standard import value, increased by a margin set by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), which may not exceed the standard import value by more than 10 %, the lodging of a security equal to the import duty determined on the basis of the standard import value shall be required. 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 standard import value or be arrived at by application of the relevant customs legislation provisions under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Article 249 and 250. Article 247 Additional import duties 1. The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), determine the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in Articles 240 to 246, an additional import duty is to be applied in order to prevent or counteract adverse effects on the Union market which may result from those imports, if:
The trigger volume shall be based on market access opportunities defined, where applicable, as imports as a percentage of the corresponding domestic consumption during the three previous years. 2. Additional import duties shall not be imposed where the imports are unlikely to disturb the Union market, or where the effects would be disproportionate to the intended objective. 3. For the purposes of paragraph 1(a), import prices shall be determined on the basis of the c.i.f. import prices of the consignment under consideration. C.i.f. import prices shall be checked against the representative prices for the product on the world market or on the Union import market for that product. 4. The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, fix the representative prices and trigger volumes for the purposes of applying additional import duties in the framework of the rules adopted pursuant to Article 250(d). Article 248 Suspension of import duties in the sugar sector
Article 249 Delegated powers 1. In order to ensure that operators respect their obligations, the Commission may, by means of delegated acts in accordance with Article 321, adopt the requirement for the lodging of a security for the import of specific types of high quality cereals and Basmati rice. 2. In order to ensure the proper functioning of the Basmati rice regime, the Commission may, by means of delegated acts adopted in accordance with Article 321, determine further requirements that operators have to fulfil in order to lodge an application for an import licence under Article 243. 3. In order to take account of the specificities of the cereals sector, the Commission shall by means of delegated acts adopted in accordance with Article 321 establish minimum quality requirements necessary to benefit from a reduction in the rate of the import duty. Article 250 Implementing powers
Section III Import quota management Article 251 Tariff quotas 1. Tariff quotas for imports of products referred to in Article 1 resulting from agreements concluded in accordance with Article 218 of the Treaty or from any other act adopted in accordance with Article 43(2) of the Treaty shall be opened and administered by the Commission by means of delegated and implementing acts pursuant to Articles 253, 254 and 255. 2. Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:
3. The method of administration adopted shall, where appropriate, give due weight to the supply requirements of the Union market and the need to safeguard the equilibrium of that market. Article 252 Specific rules 1. With regard to the import quota of 54 703 tonnes of frozen beef and veal meat falling within CN codes 0202 20 30, 0202 30 and 0206 29 91 and intended for processing, the European Parliament and the Council, acting in accordance with the procedure laid down in Article 43(2) of the Treaty, may lay down that all or part of the quota shall cover equivalent quantities of quality meat, applying a conversion rate of 4,375. 2. In the case of tariff quota for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quota for import into Portugal of 500 000 tonnes of maize, the rules referred to in Article 253 shall also include the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States. Article 253 Delegated powers 1. In order to ensure fair access for the quantities available and an equal treatment of operators within the import tariff quota, the Commission shall by means of delegated acts adopted in accordance with Article 321:
2. In order to ensure that operators respect their obligations and to guarantee the application of the agreements or of the commitments of the Union, the Commission may by means of delegated acts adopted in accordance with Article 321:
Article 254 Implementing powers 1. The Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), provide for:
2. The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), provide for:
Article 255 Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1) without the application of Article 323 1. The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) without the application of Article 323, adopt the provisions to manage the process to guarantee that the quantities available within the import tariff quota are not exceeded, in particular by fixing an allocation coefficient to each application when the available quantities are reached, rejecting pending applications and when necessary to suspend the lodging of applications. 2. The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) without the application of Article 323, adopt provisions for the reallocation of the unused quantities. Section IV Special provisions for certain products Subsection I Special provisions for imports in respect of the cereals and rice sectors Article 256 Imports of mixtures of different cereals
Where only one cereal represents more than 10 % of the weight of the mixture, the import duty to be applied shall be that applicable to this cereal;
Article 257 Imports of mixtures between cereals and rice The import duty applicable to mixtures composed of one or more of the cereals falling within points (a) and (b) of Part I of Annex I, on the one hand, and of one or more of the products falling within points (a) and (b) of Part II of Annex I, on the other, shall be that applicable to the component cereal or product liable to the highest import duty. Article 258 Imports of mixtures of rice
Article 259 Applicability of the tariff classification Where the method for fixing the import duty set out in Articles 256, 257 and 258 cannot be applied, the duty to be applied to the mixtures referred to in those Articles shall be that determined by the tariff classification of the mixtures. Subsection II Import arrangements for sugar Article 260 Traditional supply need for refining 1. A traditional supply need of sugar for refining is fixed for the Union at 2 489 735 tonnes per marketing year, expressed in white sugar. 2. The sole sugar beet processing plant at work in 2005 in Portugal is deemed to be a full-time refiner. 3. Import licences for sugar for refining shall be issued only to full-time refiners provided that the quantities concerned do not exceed the quantities that may be imported in the framework of the traditional supply need referred to in paragraph 1. The licences may be transferred only between full-time refiners and their validity expires at the end of the marketing year for which they have been issued. This paragraph shall apply for the first three months of each marketing year. Article 261 Delegated powers
Article 262 Implementing powers The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), adopt the necessary rules on the proofs and documents to be supplied regarding import requirements and obligations for operators, in particular full-time refiners. Subsection III Special provisions for imports of hemp Article 263 Imports of hemp 1. The following products may be imported into the Union only if the following conditions are met:
2. Without prejudice to any specific provisions which may be adopted by the Commission by means of implementing acts pursuant to Article 318, imports into the Union of the products specified in paragraph 1(a) and (b) of this Article shall be subject to checks to determine whether the conditions provided for in paragraph 1 of this Article are met. 3. This Article shall apply without prejudice to more restrictive provisions adopted by Member States in compliance with the Treaty and the obligations arising under the WTO Agreement on Agriculture. Subsection IV Special provisions for imports of hops Article 264 Imports of hops 1. Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those adopted for like products harvested within the Union or made from such products. 2. Products shall be considered as being of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 117 of Regulation (EC) No 1234/2007. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of these products is not lower than that of the hops from which they have been prepared. 3. In order to minimise the administrative burden, the Commission may, by means of delegated acts adopted in accordance with Article 321, set the conditions under which obligations related to an attestation of equivalence and the labelling of packaging do not apply. 4. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt rules related to this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops. Section V Safeguard and inward processing Article 265 Safeguard measures 1. Safeguard measures against imports into the Union shall be taken by the Commission, subject to paragraph 3 of this Article, in accordance with Council Regulations (EC) No 260/2009(50) and (EC) No 625/2009(51). 2. Save as otherwise provided for pursuant to any other act of the European Parliament and the Council and any other act of the Council, safeguard measures against imports into the Union provided for in international agreements concluded in accordance with Article 218 of the Treaty shall be taken by the Commission in accordance with paragraph 3 of this Article. 3. The Commission may take measures referred to in paragraphs 1 and 2 by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), at the request of a Member State or on its own initiative. If the Commission receives a request from a Member State, it shall take a decision thereon, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), within five working days following receipt of the request. In cases of urgency, the Commission shall take a decision, acting in accordance with Article 323(2). The measures adopted shall be communicated forthwith to the Members States and shall take effect immediately. 4. Union safeguard measures adopted pursuant to paragraph 3 shall be revoked or amended by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). In cases of urgency, the Commission shall take a decision, acting in accordance with Article 323(2). Article 266 Suspension of processing and inward processing arrangements 1. Where the Union market is disturbed or is liable to be disturbed by processing or inward processing arrangements, the Commission may by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), at the request of a Member State or on its own initiative, fully or partially suspend the use of processing or inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. If the Commission receives a request from a Member State, it shall take a decision thereon, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), within five working days following receipt of the request. In cases of urgency, the Commission shall take a decision, acting in accordance with Article 323(2). The measures adopted shall be communicated forthwith to the Members States and shall take effect immediately. 2. To the extent necessary for the proper functioning of the CMO, the use of inward processing arrangements for the products referred to in paragraph 1 may be fully or partially prohibited by the European Parliament and the Council, acting in accordance with the procedure laid down in Article 43(2) of the Treaty. CHAPTER III Exports Section I Export licences Article 267 Export licences 1. Without prejudice to cases where export licences are required in accordance with this Regulation, exports of one or more products of the following sectors from the Union may be made subject to the presentation of an export licence, taking account of the need for export licences for the management of the markets concerned and, in particular, for monitoring the exports of the products in question:
2. Articles 234, 235 and 236 shall apply mutatis mutandis. Article 268 Delegated powers 1. In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring exports of the products in question, the Commission may, by means of delegated acts adopted in accordance with Article 321, determine:
2. In order to define the main elements of the export licence system, the Commission may by means of delegated acts adopted in accordance with Article 321:
Article 269 Implementing powers
Article 270 Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1) without the application of Article 323 The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, limit the quantities for which licences may be issued, reject quantities applied for and suspend the lodging of applications in order to manage the market where large quantities are applied for. Section II Export refunds Article 271 Scope of export refunds 1. To the extent necessary to enable exports on the basis of world market quotations or prices and within the limits resulting from agreements concluded in accordance with Article 218 of the Treaty, the difference between those quotations or prices and prices in the Union may be covered by export refunds for:
In the case of the milk and milk products exported in the form of products listed in Part IV of Annex XVII, export refunds may only be granted for products listed in points (a) to (e) and (g) of Part XVI of Annex I. 2. Export refunds on products exported in the form of processed goods listed in Annexes XVII and XVIII may not be higher than those applicable to the same products exported without further processing. 3. Insofar as is necessary to take account of the specificities of production of certain spirit drinks obtained from cereals, including their long maturation period, the Commission may, by means of delegated acts adopted in accordance with Article 321, adopt provisions concerning the eligibility of products and operators to export refunds, in particular relating to the definition and characteristics of the products, and the establishment of coefficients for the purposes of calculating export refunds taking account of the ageing process of the products concerned. 4. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this Article, including the technical and procedural requirements for national checks in respect of the products referred to in paragraph 3. 5. The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, fix the coefficient adjusting the export refund for the products referred to in paragraph 3 of this Article. Article 272 Export refund distribution
Article 273 Export refund fixation 1. Export refunds shall be the same for the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary. 2. Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty.Refunds shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). They may be fixed:
Except where fixed by tendering procedure, the Commission shall fix the list of products on which an export refund is granted and the amount of export refunds at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission, without the application of Article 323, either at the request of a Member State or on its own initiative. 3. One or more of the following aspects shall be taken into account when refunds for a certain product are being fixed:
Article 273a Specific measures on export refunds for cereals and rice 1. The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), fix a corrective amount applicable to export refunds fixed in respect of the cereals and rice sectors. Where necessary, the Commission may, by means of implementing acts adopted without the application of Article 323, amend the corrective amounts. The first subparagraph may be applied to products of the cereals and rice sectors that are exported in the form of goods listed in Annex XVII. 2. For the first three months of the marketing year, the refund applicable to exports of malt, either in storage at the end of the previous marketing year or made from barley that was in stock at that time, shall be that which would have applied, in respect of the export licence in question, to exports made during the last month of the preceding marketing year. 3. The refund on products listed in points (a) and (b) of Part I of Annex I, established in accordance with Article 274(2), may be adjusted by the Commission, in accordance with the examination procedure referred to in Article 323(1a), in line with any changes in the level of the intervention price. The first subparagraph may be applied, in whole or in part, to products listed in points (c) and (d) of Part I of Annex I as well as to products listed in Part I of that Annex I which are exported in the form of goods referred to in Part I of Annex XVII. In that case, the adjustment referred to in the first subparagraph shall be corrected by the Commission, in accordance with the examination procedure referred to in Article 323(1a), by applying a coefficient representing the ratio between the quantity of basic product and the quantity thereof contained in the processed product exported or used in the goods exported. [Am. 32] Article 274 Granting of export refund 1. Refunds on products listed in Article 271(1)(a) exported as such without further processing shall only be granted on application and on presentation of an export licence. 2. The refund applicable to products referred to in paragraph 1 shall be that applicable on the day of application for the licence or, as the case may be, that resulting from the tendering procedure concerned and, in the case of a differentiated refund, that applicable on the same day:
The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, take appropriate measures to prevent abuse of the flexibility provided for in this paragraph. These measures may, in particular, relate to the procedure for submitting applications and to the notifications exporters have to make. 3. In order to take account of the specificities of trade and transport conditions in the case of eggs for hatching and of day-old chicks, the Commission may decide, by means of delegated acts adopted in accordance with Article 321, that export licences may be granted ex post. 4. In order to ensure equality of access to export refunds for exporters of products mentioned in Annex I to the Treaty, and of products processed thereof, the Commission may, by means of delegated acts adopted in accordance with Article 321, decide to apply paragraphs 1 and 2 to the goods referred to in Article 271(1)(b) of this Regulation. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this paragraph. 5. In order to minimise the administrative burden for humanitarian welfare organisations, the Commission may, by means of delegated acts adopted in accordance with Article 321, grant derogations from paragraphs 1 and 2 in the case of products on which export refunds are paid under food-aid operations. 6. The refund shall be paid upon submission of proof that:
7. The Commission may, by means of delegated acts adopted in accordance with Article 321, establish further conditions for the granting of export refunds in order to prevent diversion of trade, in particularnamely the condition that:
Article 275 Export refunds for live animals in the beef and veal sector 1. With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in Union legislation and, in particular, the protection of animals during transport. 2. In order to encourage exporters to respect animal welfare conditions and to enable the competent authorities to verify correct expenditure of export refunds where this is conditional on respect for animal welfare requirements, the Commission shall by means of delegated acts adopted in accordance with Article 321:
3. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this Article. Article 276 Export limits Observance of the volume commitments resulting from the agreements concluded in accordance with Article 218 of the Treaty shall be ensured on the basis of export licences issued for the reference periods which apply to the products concerned. With regard to compliance with the obligations arising under the WTO Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences. Article 277 Delegated powers 1. In order to ensure that operators respect their obligations when participating in tendering procedures, the Commission shall, by means of delegated acts adopted in accordance with Article 321, designate the primary requirement for release of licence securities for tendered export refunds. 2. In order to minimise the administrative burden for operators and authorities, the Commission may, by means of delegated acts adopted in accordance with Article 321, set thresholds below which the obligation to present an export licence may not be required, and designate destinations where an exemption for the obligation to present an export licence can be justified. 3. In order to adhere to practical situations justifying full or partial eligibility to export refunds, and in order to help operators bridge the period between the application for and the final payment of the export refund, the Commission may, by means of delegated acts in accordance with Article 321, adopt measures pertaining to:
4. In order to ensure that products benefiting from export refunds are exported from the customs territory of the Union and to avoid their return to that territory, and in order to minimise the administrative burden for operators in generating and submitting proof that refund products reached a country of destination for differentiated refunds, the Commission may, by means of delegated acts in accordance with Article 321, adopt measures pertaining to:
5. In order to take account of the specificities of the different sectors the Commission may, by means of delegated acts in accordance with Article 321, adopt specific requirements and conditions for operators and of the products eligible for an export refund. 6. In order to enable adaptation to developments in the processing industry, the Commission may, by means of delegated acts adopted in accordance with Article 321, amend Annex XVII, taking into account the criteria referred to in Article 8(2) of Council Regulation (EC) No 1216/2009(52). 7. In order to ensure equality of treatment in terms of the conditions to export refunds for exporters of products mentioned in Annex I to the Treaty, and of products processed thereof, the Commission shall, by means of delegated acts in accordance with Article 321, adopt rules for the application of Article 274(5), (6) and (7) for products referred to in Article 271(1)(b), taking into account the provisions of Regulation (EC) No 1216/2009. Article 278 Implementing powers
Section III Export quota management in the milk and milk products sector Article 279 Management of tariff quotas opened by third countries 1. With regard to milk and milk products, where an agreement concluded in accordance with Article 218 of the Treaty provides for the total or partial management of a tariff quota opened by a third country, the Commission may, by means of delegated acts in accordance with Article 321, adopt specific measures in order to ensure that the quota applied for is used in accordance with the objectives of the international Agreement concerned. 2. The tariff quotas referred to in paragraph 1 shall be administered in a manner which avoids any discrimination between the operators concerned and which guarantees the full use of the possibilities available under the quota concerned, by applying one of the following methods or a combination of them or another appropriate method:
3. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt the necessary provisions for the administration of quotas opened in accordance with this Section. 4. The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) without the application of Article 323, adopt the provisions to manage the process to
Section IV Special import treatment by third countries Article 280 Certificates for products benefiting from a special import treatment in a third country 1. When products are exported which may, in accordance with agreements concluded by the Union in accordance with Article 218 of the Treaty, benefit from a special treatment on importation into a third country if certain conditions are respected, the competent authorities of the Member States shall, on request and after appropriate checks, issue a document certifying that the conditions are met. 2. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to paragraph 1. Section V Special provisions for live plants Article 281 Minimum export prices 1. In order to take account of the development of the market for each of the products of the live plants sector falling within CN code 0601 10, one or more minimum prices for exports to third countries may be fixed by the Commission each year in good time before the marketing season. Measures on fixing the minimum prices shall be taken by the Council in accordance with Article 43(3) of the Treaty. Exportation of such products shall be permitted only at a price equal to or above the minimum price fixed for the product in question. 2. The Commission shall, by means of implementing acts, adopt all necessary administrative measures related to the first subparagraph of paragraph 1 by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a) taking into account, in particular, the prices on international markets and , having regard to the obligations arising from agreements concluded in accordance with Article 218 of the Treaty. [Am. 33] Section VI Outward processing Article 282 Suspension of outward processing arrangements 1. Where the Union market is disturbed or is liable to be disturbed by outward processing arrangements, the Commission may by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), at the request of a Member State or on its own initiative, fully or partially suspend the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. If the Commission receives a request from a Member State, it shall take a decision thereon, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), within five working days following receipt of the request. In cases of urgency, the Commission shall take a decision, acting in accordance with Article 323(2). The measures adopted shall be communicated forthwith to the Members States and shall take effect immediately. 2. To the extent necessary for the proper functioning of the CMO, the use of outward processing arrangements for the products referred to in paragraph 1 may be fully or partially prohibited by the European Parliament and the Council, acting in accordance with the procedure laid down in Article 43(2) of the Treaty. PART IV COMPETITION RULES CHAPTER I Rules applying to undertakings Article 283 Application of Articles 101 to 106 of the Treaty Save as otherwise provided for in this Regulation, Articles 101 to 106 of the Treaty and provisions for the application thereof shall, subject to Articles 284, 285, 286 [and 287] of this Regulation, apply to all agreements, decisions and practices referred to in Articles 101(1) and 102 of the Treaty which relate to the production of, or trade in, the products covered by this Regulation. Article 284 Exceptions 1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and practices referred to in Article 283 of this Regulation which are an integral part of a national market organisation or are necessary for the attainment of the objectives set out in Article 39 of the Treaty. In particular, Article 101(1) of the Treaty shall not apply to agreements, decisions and practices of farmers, farmers' associations, or associations of such associations belonging to a single Member State which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless the Commission finds that competition is thereby excluded or that the objectives of Article 39 of the Treaty are jeopardised. 2. After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice of the European Union, to determine which agreements, decisions and practices fulfil the conditions specified in paragraph 1. For that purpose, the Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) without the application of Article 323, adopt a Decision which shall be published. The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings. 3. The publication of the Decision referred to in the first subparagraph of paragraph 2 shall state the names of the parties and the main content of the Decision. It shall have regard to the legitimate interest of undertakings in the protection of their business secrets. Article 285 Agreements and concerted practices in the fruit and vegetables sector 1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of recognised interbranch organisations with the object of carrying out the activities referred to in Article 210(3)(c) of this Regulation. 2. Paragraph 1 shall apply only provided that:
(b) within two months of receipt of all the details required the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323 has not found that the agreements, decisions or concerted practices are incompatible with Union rules. 3. The agreements, decisions and concerted practices may not be put into effect before the lapse of the period referred to in paragraph 2(b). 4. The following agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules:
5. If, following expiry of the two-month period referred to in paragraph 2(b), the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, take a Decision declaring that Article 101(1) of the Treaty applies to the agreement, decision or concerted practice in question. That Commission Decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1. 6. In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time. Article 286 Agreements and concerted practices in the tobacco sector 1. Article 101(1) of the Treaty shall not apply to the agreements and concerted practices of recognised interbranch organisations in the tobacco sector, intended to implement the aims referred to in Article 210(1)(c) of this Regulation provided that:
The agreements and concerted practices may not be implemented during that three-month period. 2. Agreements and concerted practices shall be declared contrary to Union competition rules in the following cases where:
3. If, following expiry of the three-month period referred to in point (b) of paragraph 1, the Commission finds that the conditions for applying this Chapter have not been met, it shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, take a decision declaring that Article 101(1) of the Treaty applies to the agreement or concerted practice in question. That decision shall not apply earlier than the date of notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or misused the exemption provided for in paragraph 1. Article 287 Agreements and concerted practices in the milk and milk products sector 1. Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of recognised interbranch organisations with the object of carrying out the activities referred to in Article 210(4)(c) of this Regulation. 2. Paragraph 1 shall apply only provided that:
3. The agreements, decisions and concerted practices may not be put into effect before the lapse of the period referred to in paragraph 2(b). 4. The following agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules:
5. If, following expiry of the period referred to in paragraph 2(b), the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, take a Decision declaring that Article 101(1) of the Treaty applies to the agreement, decision or concerted practice in question. That Commission Decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1. 6. In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time. Article 288 Binding effect of agreements and concerted practices on non-members in the tobacco sector 1. Interbranch organisations in the tobacco sector may request that certain of their agreements or concerted practices be made binding for a limited period on individuals and groups in the economic sector concerned which are not members of the trade branches which they represent, in the areas in which the branches operate. In order for their rules to be extended, interbranch organisations shall represent at least two thirds of the production and/or the trade concerned. Where the proposed extension of the rules is of inter-regional scope, the interbranch organisations shall prove they possess a minimum degree of representativeness, in respect of each of the grouped branches, in each region covered. 2. The rules for which an extension of scope is requested shall have been in force for at least one year and shall relate to one of the following objectives:
3. Extension of the rules shall be subject to approval by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323. Article 289 Implementing powers in respect of agreements and concerted practices In order to guarantee a uniform application of Articles 285, 286, [287] and 288, the Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures, including the rules concerning notification and publication. CHAPTER II State aid rules Article 290 Application of Articles 107, 108 and 109 of the Treaty Articles 107, 108 and 109 of the Treaty shall apply to the production of, and trade in, the products referred to in Article 1. However, Articles 107, 108 and 109 of the Treaty shall not apply to payments made by Member States in conformity with this Regulation and provided for in Subsection III of Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 and Articles 37 to 41, 108, 111, 114, 117, 120, 123, 128, 148, 291(2), 292 to 297, and Section VII of Chapter IV of Title I of Part II of this Regulation. Nevertheless, with regard to Article 136(4) only Article 108 of the Treaty shall not apply. Article 291 Specific provisions for the milk and milk products sector 1. Subject to Article 107(2) of the Treaty, aids the amount of which is fixed on the basis of the price or quantity of products listed in Part XVI of Annex I of this Regulation shall be prohibited. National measures permitting equalisation between the prices of products listed in Part XVI of Annex I of this Regulation shall also be prohibited. 2. Until 31 March 2014 Member States may grant state aid of a total annual amount of up to 55 % of the ceiling set out in Article 69(4) and (5) of Regulation (EC) No 73/2009 to farmers in the dairy sector in addition to Union support granted in accordance with Article 68(1)(b) of that Regulation. However, the total amount of Union support under the measures referred to in Article 69(4) of that Regulation and State aid shall in no case exceed the ceiling referred to in Article 69(4) and (5). Article 292 Specific provisions for Finland and Sweden Subject to Commission authorisation, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, aids for the production and marketing of reindeer and reindeer products (CN ex 0208 and ex 0210) may be granted by Finland and Sweden insofar as they do not entail any increase in traditional levels of production. Article 293 Specific provisions for the sugar sector Member States which reduce their sugar quota by more than 50 % of the sugar quota fixed on 20 February 2006 in Annex III to Regulation (EC) No 318/2006 may grant temporary State aid during the period for which the transitional aid for beet growers is being paid in accordance with Article 93 of Regulation (EC) No 73/2009. The Commission shall, on the basis of an application by any Member State concerned, adopt a decision by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, on the total amount of the State aid available for this measure. For Italy, the temporary aid referred to in the first subparagraph shall not exceed a total of EUR 11 per marketing year per tonne of sugar beet to be granted to sugar beet growers and for the transport of sugar beet. Finland may grant aid up to EUR 350 per hectare per marketing year to sugar beet growers. The Member States concerned shall inform the Commission within 30 days of the end of each marketing year of the amount of State aid actually granted in that marketing year. Article 294 Specific provisions for the German Alcohol Monopoly
Article 295 Specific provisions for potatoes Member States may continue to pay state aids under any existing schemes in respect of the production of and trade in potatoes, fresh or chilled, of CN code 0701 until 31 December 2011. Article 296 [To be deleted after 31/12/2010] Specific provisions for the fruit and vegetables sector
Article 297 National aid for distillation of wine in cases of crisis 1. From 1 August 2012, Member States may grant national aid to wine producers for the voluntary or mandatory distillation of wine in justified cases of crisis. 2. The aid referred to in paragraph 1 shall be proportionate and allow this crisis to be addressed. 3. The overall amount of aid available in a Member State in any given year for such aid shall not exceed 15 % of the globally available funds per Member State laid down in Annex X for that year. 4. Member States which wish to make use of the aid referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, decide whether the measure is approved and aid may be granted. 5. The alcohol resulting from distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid distortion of competition. 6. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures related to this Article. PART V SPECIFIC PROVISIONS FOR SEVERAL OR INDIVIDUAL SECTORS CHAPTER I Specific provisions for several sectors Section I Disturbances of the markets Article 298 Disturbances as regards internal market prices
Article 299 Disturbances caused by quotations or prices on the world market In order to react efficiently and effectively against threats of market disturbance, the Commission may, where, with regard to the products of the cereals, rice, sugar and milk and milk products sectors, the quotations or prices on the world market of one or more products reach a level that disrupts or threatens to disrupt the availability of supply on the Union market and where that situation is likely to continue or to deteriorate, by means of delegated acts adopted under the urgency procedure in accordance with Article 322 and subject to Article 300 take the necessary measures for the sector concerned. It may in particular suspend import duties in whole or in part for certain quantities. Article 300 Conditions for the adoption of delegated acts in cases of disturbances
Article 301 Implementing powers The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary rules related to Articles 298 and 299. Those rules may, in particular, relate to procedures, notifications, technical criteria and administrative or physical checks to be conducted by the Member States. Section II Reporting Article 302 Reporting in respect of certain sectors
CHAPTER II SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS Section I Hops Article 303 Registration of contracts in the hops sector 1. Any contract to supply hops produced within the Union concluded between a producer or producer organisation on the one hand and a buyer on the other shall be registered by the bodies designated for that purpose by each producer Member State concerned. 2. Contracts relating to the supply of specific quantities at agreed prices for a period covering one or more harvests and concluded before 1 August of the year of the first harvest concerned shall be known as ‘contracts concluded in advance’. They shall be registered separately. 3. The data on which registration is based may be used only for the purposes of this Regulation. 4. The Commission shall, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), lay down rules concerning the registration of contracts to supply hops. Section II Wine Article 304 Vineyard register and inventory 1. Member States shall maintain a vineyard register which contains updated information on the production potential. 2. Member States in which the total area planted with vines of wine grape varieties classifiable according to Article 166(2) is less than 500 hectares shall not be subject to the obligation laid down in paragraph 1. 3. Member States, which provide for the measure ‘restructuring and conversion of vineyards’ in their support programmes in accordance with Article 139, shall, on the basis of the vineyard register, submit to the Commission by 1 March each year an updated inventory of their production potential. 4. Any time after 1 January 2016, the Commission may decide, by means of delegated acts adopted in accordance with Article 321, that paragraphs 1, 2 and 3 no longer apply. [Am. 35] 5. In order to facilitate the monitoring and the verification of the production potential by Member States, the Commission may, by means of delegated acts adopted in accordance with Article 321, adopt rules on the scope and content of the vineyard register and exemptions. 6. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt provisions on verification of information. Article 305 Compulsory declarations in the wine sector 1. Producers of grapes for wine making and producers of must and wine shall declare to the competent national authorities each year the quantities produced from the last harvest. 2. Member States may require merchants of grapes for wine making to declare each year the quantities marketed from the last harvest. 3. Producers of must and wine, and merchants other than retailers, shall declare to the competent national authorities each year their stocks of must and wine, whether from the harvest of the current year or from the harvest of preceding years. Must and wine imported from third countries shall be stated separately. 4. In order to ensure that producers and merchants referred to in paragraphs 1, 2 and 3 respect their obligations, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules:
5. The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a):
Article 306 Accompanying documents and register in the wine sector 1. The products of the wine sector shall be put into circulation within the Union only with an officially authorised accompanying document. 2. Natural or legal persons or groups of persons who hold products covered by the wine sector in the exercise of their trade, in particular producers, bottlers and processors, as well as merchants, shall keep inwards and outwards registers in respect of those products. 3. In order to facilitate the transport of wine products and verification thereof by Member States, the Commission may, by means of delegated acts adopted in accordance with Article 321:
4. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt:
Article 307 Designation of responsible national authorities for the wine sector 1. Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, Member States shall designate one or more authorities which shall be responsible for ensuring compliance with Union rules in the wine sector. In particular, Member States shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall meet the general criteria for the operation of testing laboratories set out in ISO/IEC 17025. 2. Member States shall inform the Commission of the names and addresses of the authorities and laboratories referred to in paragraph 1. The Commission shall make this information public and update it periodically. Article 308 Notification and evaluation in the wine sector 1. As concerns unlawful plantings planted after 31 August 1998, referred to in Article 82, Member States shall notify the Commission by 1 March each year of the areas which were planted with vines without a corresponding planting right after 31 August 1998, as well as of the areas grubbed up in accordance with paragraph 1 of that Article. 2. As concerns the obligatory regularisation of unlawful plantings planted before 1 September 1998 referred to in Article 83, Member States shall notify the Commission by 1 March of each of the relevant years of:
Member States shall, for the first time by 1 March 2010, notify the Commission of the areas grubbed up in accordance with the first subparagraph of Article 83(4). The end of the transitional ban on new plantings on 31 December 2015 as provided for in Article 89(1), shall not affect the obligations provided for in this paragraph. 3. Member States shall submit to the Commission by 1 March each year, and for the first time by 1 March 2010, a report on the implementation of the measures provided for in their support programmes referred to in Section VII of Chapter IV of Title I of Part II during the previous financial year. Those reports shall list and describe the measures for which Union assistance under the support programmes was granted and shall, in particular, provide details on the implementation of the promotion measures referred to in Article 138. 4. Member States shall, by 1 March 2011 and, a second time, by 1 March 2014, submit to the Commission an evaluation of the costs and benefits of the support programmes as well as an indication of how to increase their efficiency. 5. The Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt rules on notifications and evaluation in order to ensure uniform application of this Article. Section III Milk and milk products Article 309 Promotional levy in the milk and milk products sector Without prejudice to the application of Articles 107, 108 and 109 of the Treaty as provided for in the first paragraph of Article 290 of this Regulation, a Member State may impose a promotional levy on its milk producers in respect of marketed quantities of milk or milk equivalent in order to finance the measures on promoting consumption in the Union, expanding the markets for milk and milk products and improving quality. Article 310 Compulsory declarations in the milk and milk products sector 1. Processors of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month. 2. In order to ensure the usefulness and timeliness of such declarations for market management purposes, the Commission may, by means of delegated acts in accordance with Article 321, adopt rules on the scope, content, format and timing of such declarations. Article 311 Contractual relations in the milk and milk products sector 1. If a Member State decides that every delivery of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, such contract shall fulfil the conditions laid down in paragraph 2. In the case described in the first subparagraph, the Member State concerned shall also decide that if the delivery of raw milk is made through one or more collectors, each stage of the delivery must be covered by such a contract between the parties. To this end, a ‘collector’ means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case. 2. The contract shall:
3. By way of derogation from paragraph 1, a contract shall not be required where raw milk is delivered by a farmer to a processor of raw milk where the processor is a co-operative of which the farmer is a member if its statutes contain provisions having similar effects as those set out in points (a), (b) and (c) of paragraph 2. 4. All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including those elements referred to in paragraph 2(c), shall be freely negotiated between the parties. 5. In order to guarantee a uniform application of this Article, the Commission may, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary measures.] Section IV Ethyl alcohol Article 312 Notifications in the ethyl alcohol sector 1. As regards the products of the ethyl alcohol sector, the Member States shall notify the Commission of the following information:
Rules for notifying this information and, in particular, the frequency of notification and the definition of the sectors of destination shall be adopted by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). 2. On the basis of the information referred to in paragraph 1 and of any other information available, the Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1) adopted without the application of Article 323, draw up a Union balance for the market in ethyl alcohol of agricultural origin for the previous year and an estimated balance for the current year. The Union balance shall also contain information on ethyl alcohol of non-agricultural origin. The precise content and means of collecting such information shall be laid down by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). For the purposes of this paragraph, ‘ethyl alcohol of non-agricultural origin’ shall mean products falling within CN codes 2207, 2208 90 91 and 2208 90 99 not obtained from a specific agricultural product listed in Annex I to the Treaty. 3. The Commission shall notify the Member States of the balances referred to in paragraph 2. PART VI GENERAL PROVISIONS Article 313 Financial provisions Regulation (EC) No 1290/2005 and the provisions adopted for the application thereof shall apply to the expenditure incurred by the Member States in carrying out obligations under this Regulation. Article 314 Transfer of amounts available in the wine sector to rural development 1. The amounts fixed in paragraph 2, based on historical expenditure under Regulation (EC) No 1493/1999 for intervention measures to regulate agricultural markets as referred to in Article 3(1)(b) of Regulation (EC) No 1290/2005, shall be available as additional Union funds for measures in wine-producing regions under the rural development programming financed under Regulation (EC) No 1698/2005. 2. The following amounts shall be available in the given calendar years:
3. The amounts set in paragraph 2 shall be allocated among Member States in accordance with Annex XIX. 4. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt all necessary rules related to this Article. Article 315 Measures to resolve specific practical problems 1. The Commission shall, by means of implementing acts, adoptdelegated acts adopted in accordance with Article 321, lay down the measures which are both necessary and justifiable in an emergency, in order to resolve specific practical problems. Such measures may derogate from provisions of this Regulation, but only to the extent that, and for such a period, as is strictly necessary. 2. Where it is necessary, in order to resolve the problem in question, the Commission shall act in accordance with Article 323(2).Where imperative grounds of urgency so require, the urgency procedure provided for in Article 322 shall apply to delegated acts adopted pursuant to this Article. [Am. 37] Article 316 Exchange of information 1. Member States and the Commission shall notify each other of any information necessary for the application of this Regulation or for market monitoring and analysis and for complying with the international obligations concerning the products referred to in Article 1. That information may, where appropriate, be transmitted or made available to the competent authorities of third countries and may be made public. 2. In order to make notifications referred to in paragraph 1 fast, efficient, accurate, and cost effective, the Commission shall, by means of delegated acts adopted in accordance with Article 321, lay down:
3. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt:
Article 317 Circumvention clause Without prejudice to any specific provisions, no advantage provided for under this Regulation shall be granted in favour of a natural or legal person in respect of whom it is established that the conditions required for obtaining such advantages were created artificially, contrary to the objectives of this Regulation. Article 318 Checks and verifications, administrative measures, administrative penalties and their reporting 1. In order to strike a balance between a deterrent effect of charges, sanctions and penalties to be imposed for non-compliance with any of the obligations resulting from the application of this Regulation on the one hand, and a flexible application of the system on the other hand, the Commission shall, by means of delegated acts in accordance with Article 321, adopt the rules and conditions relating to the following:
The charges and administrative sanctions and penalties provided for pursuant to the first subparagraph shall be graduated according to the severity, extent, permanence and repetition of the non-compliance found. 2. The Commission shall, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), adopt the following:
3. The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), determine the rules on the measurement of areas in the wine sector ensuring uniform application of the provisions of this Regulation. Such rules may, in particular, relate to verification and rules governing the specific financial procedures for the improvement of checks. Article 319 Compatibility with the integrated administration and control system
The procedures shall allow, without any problems or conflicts, a common functioning or the exchange of data with the IACS. PART VII DELEGATIONS OF POWER, IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL RULES CHAPTER I Delegations of power and implementing provisions Article 320 Commission powers
Article 321 Delegated acts 1. The powers to adopt the delegated acts referred to in this Regulation shall be is conferred on the Commission for an indeterminate period of timesubject to the conditions laid down in this Article. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 2. The delegation of power referred to in paragraph 1 may be revoked by the European Parliament or by the Council.The delegation of power shall be conferred on the Commission for a period of five years from...(54). The Commission shall draw up a report in respect of the delegated power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union. 3. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council, or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 38] Article 322 Urgency procedure 1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure. 2. Either the European Parliament or the Council may object to a delegated act adopted under this Article in accordance with the procedure referred to in Article 321(3)321(5). In such a case, the Commission shall repeal the act shall cease to apply. The institution which objects to such a delegated act shall state its reasons.without delay following the notification of the decision to object by the European Parliament or by the Council. [Am. 39] Article 323 Implementing acts Committee 1. [Where implementing acts are adopted pursuant to this Regulation, The Commission shall be assisted by a committee which shall be referred to as the Committee for the Common Organisation of the Agricultural Markets. and the procedure provided for in Article [5] of Regulation (EU) No [xxxx/yyyy](to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(2) of the TFEU, currently the subject of discussion by the European Parliament and the Council)shall apply.]That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 1a. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 2. In the cases of urgency provided for in Articles 265, 266, 282 and 315(2) of this Regulation, the procedure provided for in Article [6] of Regulation (EU) No [xxxx/yyyy] shall apply.Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. [Am. 40] Article 324 Organisation of the Committee The organisation of the meetings of the Committee referred to in Article 323(1) shall take into account, in particular, the scope of its responsibilities, the specificities of the subject to be dealt with, and the need to involve appropriate expertise. CHAPTER II Transitional and final provisions Article 325 Repeals 1. Regulation (EEC) No 922/72 is repealed. 2. Regulation (EC) No 1234/2007 is repealed. However, Articles 113a, 113b, 114, 115, 116, 117(1) to (4) of Regulation (EC) No 1234/2007 as well as Annexes XIa (II) second paragraph, XIa (IV to IX), XII (IV)(2), XIII (VI) second paragraph, XIV(A), XIV (B)(I) (2) and (3), XIV (B)(III) and XIV (C), XV (II), (III), (IV) and (VI), to that Regulation, for the purpose of applying those Articles, shall continue to apply until the date to be determined pursuant to Article 326 of this Regulation.
– Articles 84a, 86 to 95a, 188a(3) and 188a(4) of Regulation (EC) No 1234/2007 as well as Annexes Xa, and XI to that Regulation, for the purpose of applying those Articles, shall continue to apply until the end of the 2011/2012 marketing year for the products concerned; – Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007 as well as Annex XVa to that Regulation, for the purposes of applying those Articles, shall continue to apply until 31 July 2012. 3. References to Regulation (EC) No 1234/2007 shall be construed as references to this Regulation and be read in accordance with the correlation table set out in Annex XX to this Regulation. Article 326 Date of application of marketing rules In order to ensure legal certainty as regards the application of marketing rules, the Commission shall, by means of delegated acts, determine the date on which the provisions of Regulation (EC) No 1234/2007 referred to in the second subparagraph of Article 325(2) of this Regulation or parts thereof cease to apply to the sector concerned. That date shall be the date of application of the corresponding marketing rules to be established pursuant to the delegated acts provided for in Section I of Chapter I of Title II of Part II of this Regulation. Article 327 Transitional rules in the fruit and vegetables and the processed fruit and vegetables sectors 1. This Regulation shall not affect the recognition of producer groups, producer organisations and associations of producer organisations granted before the entry into force of this Regulation, nor shall it have any impact on pending recognition plans or operational programmes. 2. In order to ensure that all arrangements provided for in Regulation (EC) No 1234/2007 are maintained, the Commission may adopt transitional rules by means of delegated acts adopted in accordance with Article 321. Article 328 Transitional rules in the wine sector In order to ensure that economic operators are not prejudiced by the entry into force of this Regulation, the Commission may, by means of delegated acts in accordance with Article 321, adopt the measures required to facilitate the transition from the arrangements provided for in Regulations (EC) No 1493/1999 and (EC) No 479/2008 to those laid down in this Regulation. Article 329 Entry into force 1. This Regulation shall enter into force on the [seventh] day following that of its publication in the Official Journal of the European Union. [However, Article 159 shall apply from […./one year after the entry into force]]. 2. As regards the sugar sector, Title I of Part II shall apply until the end of the marketing year 2014/2015 for sugar. The provisions related to the system of milk production limitation established in Chapter III of Title I of Part II shall, in accordance with Article 59, apply until 31 March 2015. As regards the milk and milk products sector, point (iv) of the first paragraph of Article 209 and Articles 210(4), 229, 287, 310 and 311 shall apply until 30 June 2020. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done , For the European Parliament The President For the Council The President ANNEX I LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1) Part I: Cereals As regards cereals, this Regulation shall cover the products listed in the following table:
Part II: Rice As regards rice, this Regulation shall cover the products listed in the following table:
Part III: Sugar As regards sugar, this Regulation shall cover the products listed in the following table:
Part IV: Dried fodder As regards dried fodder, this Regulation shall cover the products listed in the following table:
Part V: Seeds As regards seeds, this Regulation shall cover the products listed in the following table
Part VI: Hops 1. As regards hops, this Regulation shall cover the products listed in the following table
2. The rules of this Regulation on marketing and trade with third countries shall also apply to the following products:
Part VII: Olive oil and table olives As regards olive oil and table olives, this Regulation shall cover the products listed in the following table:
Part VIII: Flax and hemp grown for fibre As regards flax and hemp grown for fibre, this Regulation shall cover the products listed in the following table:
Part IX: Fruit and vegetables As regards fruit and vegetables, this Regulation shall cover the products listed in the following table:
Part X: Processed fruit and vegetable products As regards processed fruit and vegetable products, this Regulation shall cover the products listed in the following table:
Part XI: Bananas As regards bananas, this Regulation shall cover the products listed in the following table:
Part XII: Wine As regards wine, this Regulation shall cover the products listed in the following table:
Part XIII: Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage As regards live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, this Regulation shall cover all the products falling within Chapter 6 of the Combined Nomenclature. Part XIV: Raw tobacco As regards raw tobacco, this Regulation shall cover raw or non-manufactured tobacco and tobacco refuse falling within CN code 2401. Part XV: Beef and veal As regards beef and veal, this Regulation shall cover the products listed in the following table:
Part XVI: Milk and milk products As regards milk and milk products, this Regulation shall cover the products listed in the following table:
Part XVII: Pigmeat As regards pigmeat, this Regulation shall cover the products listed in the following table:
Part XVIII: Sheepmeat and goatmeat As regards sheepmeat and goatmeat, this Regulation shall cover the products listed in the following table:
Part XIX: Eggs As regards eggs, this Regulation shall cover the products listed in the following table:
Part XX: Poultrymeat As regards poultrymeat, this Regulation shall cover the products listed in the following table:
Part XXI: Other products
ANNEX II LIST OF PRODUCTS FOR WHICH SPECIFIC MEASURES HAVE BEEN ESTABLISHED AS REFERRED TO IN ARTICLE 1(2) Part I: Ethyl alcohol of agricultural origin 1. As regards ethyl alcohol, this Regulation shall cover the products listed in the following table:
2. Section I of Chapter II of Part III on import licences and Section I of Chapter III of that Part shall apply also to products based on ethyl alcohol of agricultural origin falling within CN code 2208 put up in containers of more than two litres and presenting all the characteristics of ethyl alcohol as described in point 1. Part II: Apiculture products As regards apiculture products, this Regulation shall cover the products listed in the following table:
Part III: Silkworms As regards silkworms, this Regulation shall cover silkworms falling within CN code ex 0106 90 00 and silkworm eggs falling within CN code ex 0511 99 85. ANNEX III DEFINITIONS REFERRED TO IN ARTICLE 2(1) Part I: Definitions concerning the rice sector I. The terms ‘paddy rice’, ’husked rice’, ‘semi-milled rice’, ’wholly milled rice’, ‘round grain rice’, ’medium grain rice’, ‘long grain rice A or B’ and ’broken rice’ shall be defined as follows: 1. (a) ‘Paddy rice’ means rice which has retained its husk after threshing.
2. (a) ‘Round grain rice’ means rice, the grains of which are of a length not exceeding 5,2 mm and of a length/width ratio of less than 2.
II. As regards grains and broken grains which are not of unimpaired quality, the following definitions shall apply: A. ‘Whole grains’ means grains from which only part of the end has been removed, irrespective of characteristics produced at each stage of milling. B. ‘Clipped grains’ means grains from which the entire end has been removed.
D. ‘Green grains’ means grains which are not fully ripened.
Part II: Definitions concerning the sugar sector 1. ‘white sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method; 2. ‘raw sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method; 3. ‘isoglucose’ means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose; 4. ‘inulin syrup’ means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state at least 10 % fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin syrup quota, this definition may be amended by the Commission; 5. ‘quota sugar’, ’quota isoglucose’ and ‘quota inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year under the quota of the undertaking concerned; 6. ‘industrial sugar’ means any quantity of sugar production attributed to a specific marketing year over and above the sugar quantity referred to in point (5), intended for the production by the industry of one of the products referred to in Article 55(2); 7. ‘industrial isoglucose’ and ’industrial inulin syrup’ mean any quantity of isoglucose or inulin syrup production attributed to a specific marketing year, intended for the production by the industry of one of the products referred to in Article 55(2); 8. ‘surplus sugar’, ’surplus isoglucose’ and ‘surplus inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year over and above the respective quantities referred to in points (5), (6) and (7); 9. ‘quota beet’ means all sugar beet processed into quota sugar; 10. ‘delivery contract’ means a contract concluded between a seller and an undertaking for the delivery of beet for the manufacture of sugar; 11. ‘agreement within the trade’ means one of the following:
12. ‘full-time refiner’ means a production unit:
Part III: Definitions concerning the hops sector 1. ‘hops’ means the dried inflorescences, also known as cones, of the (female) climbing hop plant (Humulus lupulus); these inflorescences, which are greenish yellow and of an ovoid shape, have a flower stalk and their longest dimension generally varies from 2 to 5 cm; 2. ‘hop powder’ means the product obtained by milling the hops, containing all the natural elements thereof; 3. ‘hop powder with higher lupulin content’ means the product obtained by milling the hops after mechanical removal of a part of the leaves, stalks, bracts and rachides; 4. ‘extract of hops’ means the concentrated products obtained by the action of a solvent on the hops or on the hop powder; 5. ‘mixed hop products’ means a mixture of two or more of the products referred to in points (1) to (4). Part IV: Definitions concerning the wine sector Vine-related
Produce-related
| 6. |
‘Grape juice’ means the unfermented but fermentable liquid product which: |
An actual alcoholic strength of the grape juice of not more than 1 % volume is permissible.
An actual alcoholic strength of the concentrated grape juice of not more than 1 % volume is permissible.
Alcoholic strength
Part V: Definitions concerning the beef and veal sector 1. ‘bovine animals’ means live animals of the domestic bovine species falling within CN codes ex 0102 10, 0102 90 05 to 0102 90 79; 2. ‘adult bovine animals’ means bovine animals the live weight of which is more than 300 kilograms. Part VI: Definitions concerning the milk and milk products sector For the purpose of the implementation of the tariff quota for butter of New Zealand origin, the phrase ‘manufactured directly from milk or cream’ does not exclude butter manufactured from milk or cream, without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage of concentrated milkfat and/or the fractionation of such milkfat. Part VII: Definitions concerning the eggs sector 1. ‘eggs in shell’ means poultry eggs in shell, fresh, preserved, or cooked, other than eggs for hatching specified in 2.; 2. ‘eggs for hatching’ means poultry eggs for hatching; 3. ‘whole products’ means birds' eggs not in shell, whether or not containing added sugar or other sweetening matter suitable for human consumption; 4. ‘separated products’ means birds' egg yolks, whether or not containing added sugar or other sweetening matter suitable for human consumption. Part VIII: Definitions concerning the poultrymeat sector 1. ‘live poultry’ means live fowls, ducks, geese, turkeys and guinea fowls each weighing more than 185 grams; 2. ‘chicks’ means live fowls, ducks, geese, turkeys and guinea fowls, each weighing not more than 185 grams; 3. ‘slaughtered poultry’ means dead fowls, ducks, geese, turkeys and guinea fowls, whole, with or without offal; 4. ‘derived products’ means the following:
Part IX: Definitions concerning the apiculture sector 1. ‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.
2. ‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen. ANNEX IV STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 8(1) AND (3) Standard quality for paddy rice
Standard qualities for sugar I. Standard quality for sugar beet
II. Standard quality for white sugar 1. White sugar of the standard quality shall have the following characteristics:
2. One point shall correspond to:
3. The methods for determining the factors referred to in point 1 shall be those used for determining those factors under the intervention measures. III. Standard quality for raw sugar 1. Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92 %. 2. The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar:
3. The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that sugar multiplied by two. ANNEX V UNION SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN ARTICLE 34 Union scale for the classification of carcasses of adult bovine animals I. Definitions
II. Categories The carcasses shall be divided into the following categories: A: carcasses of uncastrated young male animals of less than two years of age; B: carcasses of other uncastrated male animals; C: carcasses of castrated male animals; D: carcasses of female animals that have calved; E: carcasses of other female animals. III. Classification
Amount of fat on the outside of the carcass and in the thoracic cavity
Member States shall be authorised to subdivide each of the classes that are provided for in points 1 and 2 into a maximum of three subclasses. [Am. 41] IV. Presentation
V. Classification and identification Slaughterhouses approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council(55) shall take measures to ensure that all carcasses or half-carcasses from adult bovine animals slaughtered in such slaughterhouses and bearing a health mark provided for Article 5(2) in conjunction with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council(56) are classified and identified in accordance with the Union scale. Before identification by marking, Member States may grant authorisation to have the external fat removed from the carcasses or half-carcasses if this is justified by the fat cover. Union scale for the classification of pig carcasses I. Definition 'carcass' shall mean the body of a slaughtered pig, bled and eviscerated, whole or divided down the mid-line. II. Classification Carcasses shall be divided into classes according to their estimated lean-meat content and classified accordingly:
III. Presentation Carcasses shall be presented without tongue, bristles, hooves, genital organs, flare fat, kidneys and diaphragm. IV. Lean-meat content 1. The lean-meat content shall be assessed by means grading methods authorised by the Commission. Only statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass may be authorised. Authorisation of grading methods shall be subject to compliance with a maximum tolerance for statistical error in assessment. 2. However, the commercial value of the carcasses shall not be determined solely by their estimated lean-meat content. V. Identification of carcasses Unless otherwise provided for by the Commission, classified carcasses shall be identified by marking in accordance with the Union scale. Union scale for the classification of sheep carcasses I. Definition As regards the terms 'carcass' and 'half-carcass' the definitions laid down in point A.I shall apply. II. Categories The carcasses shall be divided into the following categories: A: carcasses of sheep under 12 months old, B: carcasses of other sheep. III. Classification 1. The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term 'round' in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term 'hindquarter'. 2. By way of derogation from point 1, for lambs of less than 13 kg carcass weight, Member States may be authorised by the Commission, by means of an implementing act without the application of Article 323, to use the following criteria for classification:
IV. Presentation Carcasses and half-carcasses shall be presented without the head (severed at the atlantooccipital joint), the feet (severed at the carpometacarpal or tarso-metatarsal joints), the tail (severed between the sixth and seventh caudal vertebrae), the udder, the genitalia, the liver and the pluck. Kidneys and kidney fat are included in the carcass. V. Identification of carcasses Classified carcasses and half-carcasses shall be identified by marking in accordance with the Union scale. ANNEX VI NATIONAL AND REGIONAL QUOTAS FOR THE PRODUCTION OF SUGAR, ISOGLUCOSE AND INULIN SYRUP AS REFERRED TO IN ARTICLE 50 from the 2010/2011 marketing year onwards (in tonnes)
ANNEX VII DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH ARTICLE 53 I
II 1. Without prejudice to point 2, in the event of the merger or transfer of sugar-producing undertakings or the transfer of sugar factories, the quota shall be adjusted as follows:
2. Where a number of the sugar-beet or cane growers directly affected by one of the operations referred to in point 1 expressly show their willingness to supply their beet or cane to a sugar-producing undertaking which is not party to those operations, the Member State may make the allocation on the basis of the production absorbed by the undertaking to which they intend to supply their beet or cane. 3. In the event of closure, in circumstances other than those referred to in point 1, of:
Also in the case referred to in point (b) of the first subparagraph, where some of the producers concerned expressly show their willingness to supply their beet or cane to a given sugar-producing undertaking, the Member State may allocate the proportion of the quotas corresponding to the beet or cane concerned to the undertaking which they intend to supply with those products. 4. Where the derogation referred to in Article 43(6) is invoked, the Member State concerned may require the beet growers and the sugar undertakings concerned by that derogation to include in their agreements within the trade special clauses enabling the Member State to apply points 2 and 3 of this Section. 5. In the event of the lease of a factory belonging to a sugar-producing undertaking, the Member State may reduce the quota of the undertaking offering the factory for rent and allocate the portion by which the quota was reduced to the undertaking which rents the factory in order to produce sugar in it. If the lease is terminated during the period of three marketing years referred to in point I (d) the adjustment of quota under the first subparagraph of this point shall be cancelled retroactively by the Member State as at the date on which the lease took effect. However, if the lease is terminated by reason of force majeure, the Member State shall not be bound to cancel the adjustment. 6. Where a sugar-producing undertaking can no longer ensure that it meets its obligations under Union legislation towards the sugar-beet or cane producers concerned, and where that situation has been ascertained by the competent authorities of the Member State concerned, the latter may allocate for one or more marketing years the part of the quotas involved to one or more sugar-producing undertakings in proportion to the production absorbed. 7. Where a Member State grants a sugar producing undertaking price and outlet guarantees for processing sugar beet into ethyl alcohol, that Member State may, in agreement with that undertaking and the beet growers concerned, allocate all or part of the sugar production quotas to one or more other undertakings for one or more marketing years. III In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of an isoglucose-producing factory, the Member State may allocate the quotas involved for the production of isoglucose to one or more other undertakings, whether or not they have a production quota. IV
V When the merger or transfer occurs between 1 October and 30 April of the following year, the measures referred to in Sections II and III shall take effect for the current marketing year. When the merger or transfer occurs between 1 May and 30 September of the same year, the measures referred to in Sections II and III shall take effect for the following marketing year. VI Where Sections II and III are applied, Member States shall inform the Commission of the adjusted quotas not later than 15 days after the expiry of the periods referred to in Section V. ANNEX VIII NATIONAL QUOTAS FOR THE PRODUCTION OF MILK AND OTHER MILK PRODUCTS AS REFERRED TO IN ARTICLE 59 (quantities (tonnes) per twelve-month period per Member State):
ANNEX IX REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 63
ANNEX X BUDGET FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 136(1)
(*) The national ceilings in Annex VIII to Regulation (EC) No 73/2009 for Italy corresponding to years 2008, 2009 and 2010 are reduced by EUR 20 million and those amounts have been included in the budget amounts of Italy for the years 2009, 2010 and 2011 as laid down in this table. ANNEX XI INTERNATIONAL ORGANISATIONS REFERRED TO IN ARTICLE 159(3) - Codex Alimentarius - United Nations Economic Commission for Europe ANNEX XII DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF PRODUCTS REFERRED TO IN ARTICLE 163 For the purposes of this Annex, the sale description is the name under which a foodstuff is sold, within the meaning of Article 5(1) of Directive 2000/13/EC. Part I.Meat of bovine animals aged 12 months or less I. Definition For the purposes of this Part of this Annex, ‘meat’ means all carcases, meat on the bone or boned, and offal, whether or not cut, intended for human consumption, obtained from bovine animals aged 12 months or less, presented fresh, frozen or deep-frozen, whether or not wrapped or packed. On slaughter, all bovine animals aged 12 months or less shall be classified by the operators, under the supervision of the competent authority, in one of the following two categories: (A) Category V: bovine animals aged 8 months or less Category identification letter: V; (B) Category Z: bovine animals aged more than 8 months but not more than 12 months Category identification letter: Z. II. Sales descriptions 1. The meat of bovine animals aged 12 months or less shall only be marketed in the Member States under the following sales description(s) laid down for each Member State: (A) For the meat of bovine animals aged 8 months or less [(Category identification letter: V)]:
(B) For the meat of bovine animals aged more than 8 months but not more than 12 months [(Category identification letter: Z)]:
2. The sales descriptions referred to in point 1 may be supplemented by an indication of the name or designation of the pieces of meat or offal concerned. 3. The sales descriptions listed for category V in point A of the table set-out in point 1 and any new name derived from those sales descriptions shall only be used if the requirements of this Annex are met. In particular, the terms ‘veau’, ‘telecí’, ‘Kalb’, ‘μοσχάρι’, ‘ternera’, ‘kalv’, ‘veal’, ‘vitello’, ‘vitella’, ‘kalf’, ‘vitela’ and ‘teletina’ shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months. 4. The conditions referred to in 1 shall not apply to the meat of bovine animals for which a protected designation of origin or geographical indication has been registered in accordance with Regulation (EC) No 510/2006, before 29 June 2007. Part II.Grapevine products (1) Wine Wine shall be the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must.
(2) New wine still in fermentation New wine still in fermentation shall be the product in which the alcoholic fermentation is not yet complete and which is not yet separated from its lees. (3) Liqueur wine
(4) Sparkling wine
(5) Quality sparkling wine
(6) Quality aromatic sparkling wine
(7) Aerated sparkling wine
(8) Semi-sparkling wine
(9) Aerated semi-sparkling wine
(10) Grape must Grape must shall be the liquid product obtained naturally or by physical processes from fresh grapes. An actual alcoholic strength of the grape must of not more than 1 % volume is permissible. (11) Partially fermented grape must Grape must in fermentation shall be the product obtained from the fermentation of grape must which has an actual alcoholic strength of more than 1 % volume but less than three fifths of its total alcoholic strength by volume. (12) Partially fermented grape must extracted from raisined grapes Grape must in fermentation extracted from raisined grapes shall be the product obtained from the partial fermentation of grape must obtained from raisined grapes, the total sugar content of which before fermentation is at least 272 grams per litre and the natural and actual alcoholic strength of which shall not be less than 8 % volume. However, certain wines, to be determined by the Commission by means of delegated acts pursuant to Article 162(1), that meet these requirements shall not be considered as grape must in fermentation extracted from raisined grapes. (13) Concentrated grape must Concentrated grape must shall be uncaramelised grape must which is obtained by partial dehydration of grape must carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with the third sub-paragraph of Article 165(1) and Article 172(d) at a temperature of 20 °C is not less than 50,9 %. An actual alcoholic strength of the concentrated grape must of not more than 1 % volume is permissible. (14) Rectified concentrated grape must
(15) Wine from raisined grapes
(16) Wine of overripe grapes
Member States may prescribe a period of ageing for this product. (17) Wine vinegar
Part III.Milk and milk products 1. The term 'milk' means exclusively the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom.
2. For the purposes of this Part, 'milk products' means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent.
3. The term ‘milk’ and the designations used for milk products may also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product. 4. The origin of milk and milk products to be defined by the Commission shall be stated if it is not bovine. 5. The designations referred to in points 1, 2 and 3 of this Part may not be used for any product other than those referred to in that point. However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product. 6. In respect of a product other than those described in points 1, 2 and 3 of this Part, no label, commercial document, publicity material or any form of advertising as defined in Article 2 of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising(57) or any form of presentation, may be used which claims, implies or suggests that the product is a dairy product. However, in respect of a product which contains milk or milk products, the designation ‘milk’ or the designations referred to in the second subparagraph of points 2 of this Part may be used only to describe the basic raw materials and to list the ingredients in accordance with Directive 2000/13/EC. Part IV.Milk for human consumption falling within CN code 0401 I. Definitions
II. Delivery or sale to the final consumer (1) Only milk complying with the requirements laid down for drinking milk may be delivered or sold without processing to the final consumer, either directly or through the intermediary of restaurants, hospitals, canteens or other similar mass caterers. (2) The sales descriptions to be used for those products shall be those given in point III of this Part. Those descriptions shall be used only for the products referred to in that point, without prejudice to their use in composite descriptions. (3) Member States shall adopt measures to inform consumers of the nature and composition of the products concerned where the absence of such information is likely to cause confusion. III. Drinking milk 1. The following products shall be considered as drinking milk:
2. Without prejudice to point 1(b)(ii), only the following modifications shall be allowed:
3. Drinking milk shall:
(b) have a mass of not less than 1028 grams per litre for milk containing 3,5 % (m/m) of fat at a temperature of 20°C or the equivalent weight per litre for milk having a different fat content;
Part V.Products of the poultrymeat sector
II Definitions
Part VI.Spreadable fats The products referred to in Article 163 may not be supplied or transferred without processing to the ultimate consumer either directly or through restaurants, hospitals, canteens or similar establishments, unless they meet the requirements set out in the Annex. The sales descriptions of these products shall be those specified in this Part.
The fat content excluding salt shall be at least two-thirds of the dry matter. However, these sales descriptions shall only apply to products which remain solid at a temperature of 20°C, and which are suitable for use as spreads.
Note: The milk-fat component of the products listed in this Part may be modified only by physical processes. Part VII.Descriptions and definitions of olive oil and olive pomace oils The use of the descriptions and definitions of olive oils and olive pomace oils set out in this Part shall be compulsory as regards the marketing of the products concerned within the Union and, insofar as compatible with international compulsory rules, in trade with third countries. Only oils referred to in points 1(a) and (b), 3 and 6 of this Part may be marketed at the retail stage. (1) VIRGIN OLIVE OILS Oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions that do not lead to alterations in the oil, which have not undergone any treatment other than washing, decantation, centrifugation or filtration, to the exclusion of oils obtained using solvents or using adjuvants having a chemical or biochemical action, or by re-esterification process and any mixture with oils of other kinds.
(c) Lampante olive oil Virgin olive oil having a free acidity, in terms of oleic acid, of more than 2 g per 100 g, and/or the other characteristics of which comply with those laid down for this category. (2) REFINED OLIVE OIL Olive oil obtained by refining virgin olive oil, having a free acidity content expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down for this category. (3) OLIVE OIL ‐ COMPOSED OF REFINED OLIVE OILS AND VIRGIN OLIVE OILS Olive oil obtained by blending refined olive oil and virgin olive oil other than lampante olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down for this category. (4) CRUDE OLIVE-POMACE OIL Oil obtained from olive pomace by treatment with solvents or by physical means or oil corresponding to lampante olive oil, except for certain specified characteristics, excluding oil obtained by means of re-esterification and mixtures with other types of oils, and the other characteristics of which comply with those laid down for this category. (5) REFINED OLIVE-POMACE OIL Oil obtained by refining crude olive-pomace oil, having free acidity content expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down for this category. (6) OLIVE-POMACE OIL Oil obtained by blending refined olive-pomace oil and virgin olive oil other than lampante olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down for this category. Appendix to Annex XII (referred to in Part II) Wine growing zones
– Lugo, Orense, Pontevedra, – Ávila (except for the communes which correspond to the designated wine ‘comarca’ of Cebreros), Burgos, León, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora, – La Rioja, – Álava, – Navarra, – Huesca, – Barcelona, Girona, Lleida,
The demarcation of the territories covered by the administrative units referred to in this Annex is that resulting from the national provisions in force on 15 December 1981 and, for Spain, from the national provisions in force on 1 March 1986 and, for Portugal, from the national provisions in force on 1 March 1998. ANNEX XIII Part I Enrichment, acidification and de-acidification in certain wine-growing zones A. Enrichment limits 1. Where climatic conditions have made it necessary in certain winegrowing zones of the Union referred to in the Appendix to Annex XII, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from wine grape varieties classifiable according to Article 166. 2. The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in Section B and shall not exceed the following limits:
3. In years when climatic conditions have been exceptionally unfavourable, Member States may request that the limit(s) laid down in point 2 be raised by 0,5 %. In response to such a request, the Commission under the powers as referred to in Article 172 shall adopt the implementing act as soon as possible. The Commission shall endeavour to take a decision within four weeks after the request has been lodged. B. Enrichment processes 1. The increase in natural alcoholic strength by volume provided for in Section A shall only be effected:
2. The processes referred to in point 1 shall be mutually exclusive where wine or grape must is enriched with concentrated grape must or rectified concentrated grape must and an aid has been paid under Article 103y of Regulation (EC) No 1234/2007. 3. The addition of sucrose provided for in points 1(a) and (b) may only be performed by dry sugaring and only in the following areas:
– Aix-en-Provence, – Nîmes, – Montpellier, – Toulouse, – Agen, – Pau, – Bordeaux, – Bastia. However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the abovementioned French departments. France shall notify the Commission and the other Member States forthwith of any such authorisations. 4. The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C referred to in the Appendix to Annex XII. 5. The concentration of grape must or of wine subjected to the processes referred to in point 1:
6. The processes referred to in points 1 and 5 shall not raise the total alcoholic strength of the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation, or wine:
7. By way of derogation from point 6, Member States may:
C. Acidification and de-acidification 1. Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:
2. Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre. 3. Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre. 4. De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre. 5. Grape must intended for concentration may be partially de-acidified. 6. Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in point 1 in wine-growing zones A and B, referred to in the Appendix to Annex XII, under the conditions referred to in points 2 and 3 of this Section. 7. Acidification and enrichment, except by way of derogation to be adopted by the Commission by means of delegated acts pursuant to Article 162(1), and acidification and de-acidification of one and the same product shall be mutually exclusive processes. D. Processes 1. None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other beverage intended for direct human consumption referred to in Article 1(1)(l) other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested. 2. The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested. 3. Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested. 4. Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants to be determined by the Commission by means of delegated acts pursuant to Article 162(1), at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register. 5. Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 306, under cover of which the products having undergone the processes are put into circulation. 6. Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:
7. Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year. Part II Restrictions A. General 1. All authorised oenological practices shall exclude the addition of water, except where required on account of a specific technical necessity. 2. All authorised oenological practices shall exclude the addition of alcohol, except for practices related to obtaining fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and semi-sparkling wine. 3. Wine fortified for distillation shall only be used for distillation. B. Fresh grapes, grape must and grape juice 1. Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of preparation of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. This is without prejudice to any stricter provisions which Member States may apply to the preparation in their territory of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. 2. Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo alcoholic fermentation in the territory of the Union. 3. The provisions of points 1 and 2 shall not apply to products intended for the production, in the United Kingdom, Ireland and Poland, of products falling within CN code 2206 00 for which Member States may allow the use of a composite name, including the sales designation ‘wine’. 4. Grape must in fermentation extracted from raisined grapes shall be put on the market only for the manufacture of liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and for the manufacture of wine of overripe grapes. 5. Unless otherwise decided in accordance with Article 43(2) of the Treaty pursuant to the international obligations of the Union, fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or mixtures of those products, originating in third countries, may not be turned into products referred to in this Annex or added to such products in the territory of the Union. C. Blending of wines Unless otherwise decided in accordance with Article 43(2) of the Treaty pursuant to the international obligations of the Union, coupage of a wine originating in a third country with a Union wine and coupage between wines originating in third countries shall be prohibited in the Union. D. By-products 1. The over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of grapes. The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to 5 % in relation to the volume of alcohol contained in the wine produced. 2. Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not be produced from wine lees or grape marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall be allowed under conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1) where this practice is traditionally used for the production of ‘Tokaji fordítás’ and ’Tokaji máslás’ in Hungary and ‘Tokajský forditáš’ and ’Tokajský mášláš’ in Slovakia. 3. The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered as pressing where the products obtained are of sound, genuine and merchantable quality. 4. Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for consumption in wine-producers’ households. 5. Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose of them subject to conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1). ANNEX XIV EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NON-MEMBER PRODUCERS PURSUANT TO ARTICLE 218 AND ARTICLE 224 1. Rules on production information
2. Production rules
3. Marketing rules
4. Rules on the protection of the environment
5. Rules on promotion and communication in the context of crisis prevention and management as referred to in Article 121(2)(c). ANNEX XV IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 242 AND 244 1. Import duties for husked rice
2. Import duties for milled rice
ANNEX XVI VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 243 Basmati 217 Basmati 370 Basmati 386 Kernel (Basmati) Pusa Basmati Ranbir Basmati Super Basmati Taraori Basmati (HBC-19) Type-3 (Dehradun) ANNEX XVII LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGGS SECTORS FOR THE PURPOSE OF ARTICLE 16(a)(ii) AND FOR THE GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF PART III Part I: Cereals
Part II: Rice
Part III: Sugar
Part IV: Milk
Part V: Eggs
ANNEX XVIII LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE PURPOSE OF THE GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF PART III The products listed in point (b) of Part X of Annex I. ANNEX XIX BUDGET ALLOCATION FOR RURAL DEVELOPMENT IN WINE PRODUCING REGIONS REFFERRED TO IN ARTICLE 314(3)
ANNEX XX CORRELATION TABLE REFERRED TO IN ARTICLE 325(3)
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2010)0745), – having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0429/2010), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to the reasoned opinion submitted within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality by the Polish Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, – having regard to the other contributions submitted by the Italian Senate, the Portuguese Parliament and the Romanian Chamber of Deputies with regard to the draft legislative act, – having regard to the opinion of the European Economic and Social Committee of 4 May 2011(1) – having regard to Rule 55 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A7-0209/2011), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee(2), Acting in accordance with the ordinary legislative procedure(3), Whereas: (1) Council Regulation (EC) No 1290/2005(4) confers competence on the Commission to adopt detailed rules for the application of that Regulation. (2) As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1290/2005 upon the Commission need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). (3) The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 1290/2005. The elements for which that power may be exercised and the conditions to which that delegation must be subject should be defined.In order to ensure the proper functioning of the regime established by Regulation (EC) No 1290/2005, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing or amending certain of its non-essential elements. 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 Council. [Am. 1] (4) In order to guarantee aensure uniform applicationconditions for the implementation of Regulation (EC) No 1290/2005 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No xxx/xxx of the European Parliament and the Council on…(5), implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers1. [Am. 2] (5) Some of the provisions on the financing of the common agricultural policy adopted previously by the Commission relating to the competences conferred by Regulation (EC) No 1290/2005 should be included in that Regulation. These provisions concern the rules on the assignment of certain sums and amounts which constitute revenue payable to the budget of the Union provided for in the accounts kept in accordance with Commission Regulation (EC) No 883/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD(6). (6) In the light of the experience gained with the application of the rules on expenditure financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD), some of the provisions relating to the financing of the actions provided for by Council Regulation (EC) No 165/94 of 24 January 1994 concerning the co-financing by the Community of remote-sensing checks(7) and by Council Regulation (EC) No 78/2008 of 21 January 2008 on the measures to be undertaken by the Commission in 2008–2013 making use of the remote-sensing applications developed within the framework of the common agricultural policy(8) should be incorporated into Regulation (EC) No 1290/2005. Consequently, Regulation (EC) No 165/94 and Regulation (EC) No 78/2008 should be repealed. However, the article on the report to be submitted by the Commission should continue to apply. (7) The purpose of the actions undertaken by the Commission via the remote-sensing application and the acquisition and improvement of satellite images by the Commission is to provide the means to manage and monitor agricultural markets. In order to comply with this objective, the Commission should have the power to adopt implementing acts relating to acquisition conditions and procedures and the provision to Member States of the results of remote-sensing actions. (8) In order to ensure uniform operation of the coordinating bodies of the Member States, referred to in Article 6 of Regulation (EC) No 1290/2005, the Commission should have the power to adopt implementing acts relating to the operating rules of these bodies and the communication of information to the Commission in particular. (9) To enable the Commission to validate the financing plan for each rural development programme and to provide for any changes to it, the Commission should have the power to adopt implementing acts in connection with the conditions applying to the content and amendment of the financing plan. (10) Notifications of information by the Member States to the Commission must enable it to use the information sent directly and as effectively as possible for the management of EAGF and EAFRD accounts and the relevant payments, as well as for conducting the account clearance procedure and the conformity clearance procedure. The Commission should have the power to adopt implementing acts relating to the declaration of expenditure, annual accounts, statement of assurance, declaration on public storage, information systems for the exchange of information and documents, as well as the rules on their conservation. (11) The obligation relating to the keeping of accounts by paying agencies takes the form of detailed data required for the management of the funds and their supervision. To enable Member States and paying agencies to comply with this obligation by following harmonised rules, the Commission should have the power to adopt implementing acts relating to the accounting framework for intervention measures in the form of public storage operations referred to in Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage and the accounting of public storage operations by the paying agencies of the Member States(9), as well as other expenditure financed by the EAGF and the EAFRD referred to in Regulation (EC) No 883/2006. (12) To guarantee the sound management of financial flows, particularly since Member States provide funds to cover the expenditure required, the Commission should have the power to adopt implementing acts relating to the making available of funds to the Member States, taking account of the specific management models applying to the EAGF and the EAFRD. (13) On the occasion of this amendment to Regulation (EC) No 1290/2005, the objective of which is to align that Regulation with the procedures provided for under the Treaty of Lisbon, some provisions in some language versions should be updated in order to incorporate the terminology used in the Treaty. (14) Regulation (EC) No 1290/2005 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 1290/2005 is amended as follows: (1) Article 3 is amended as follows:
(2) In Article 5, the following point is inserted:"
(3) Article 6 is amended as follows:
(4) Article 7 is amended as follows:
(5) In Article 9 the following paragraph is inserted:" 4. In order to ensure correct and efficient application of the controls provided for in this article, the Commission may define by delegated act specific obligations to be complied with by the Member States. "(6) Article 15 is amended as follows:
(7) Article 16 is amended as follows:
(8) Not applicable to the English version. (9) Not applicable to the English version. (10) Article 18(4) is replaced by the following text:" 4. If by 30 June in any year the Council has not set the adjustments referred to in Article 11(1) of Council Regulation (EC) No 73/2009* have not been set, the Commission shall set those adjustments by implementing act and shall inform the European Parliament and the Council of them immediately. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 42d(3) (advisory procedure) of this Regulation and shall inform the Council of them immediately. [Am. 3] * OJ L 30, 31.1.2009, p. 16. "(11) Article 19 is amended as follows:
(12) Article 21 is amended as follows:
(13) In Title II, the following Article is added:" Article 21a Measures linked to remote sensing 1. The purpose of the measures funded pursuant to Article 3(2)(ea) is to ensure agri-economic monitoring of agricultural land and of the condition of crops, to enable estimates to be made, in particular as regards yields and agricultural production, to promote access to the estimates, and to ensure technological follow-up of the agri-meteorological system. The actions primarily involve the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, creation of a spatial data infrastructure and a website, carrying out specific studies on climatic conditions and updating agri-meteorological and econometric models. 2. The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) rules relating to the financing referred to in Article 3(2)(ea) and in Article 5(aa), the conditions under which remote-sensing measures shall be carried out in order to meet the objectives assigned, the conditions governing the acquisition, enhancing and utilisation of satellite images and meteorological data, and the deadlines applicable. "(14) In Chapter 1 of Title III, the following Article is inserted:" Article 23a Implementing powers The Commission shall lay down by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) of this Regulation the conditions relating to the content, presentation and amendment of the financing plan as provided for under Article 16 of Council Regulation (EC) No 1698/2005*. * OJ L 277, 21.10.2005, p. 1. "(15) Not applicable to the English version. (16) Not applicable to the English version. (16a) In Article 29, the following paragraph is inserted: 1a. For Member States which have opted to organise their rural development programmes on a regional basis, the calculation of the amount to be automatically decommitted may be made at the level of the Member State.‘. [Am. 6] (17) Article 30 is replaced by the following text:" “Article 30 Clearance of accounts 1. Prior to 30 April of the year following the budget year in question, the Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) concerning the clearance of the accounts of the accredited paying agencies, on the basis of the information transmitted in accordance with Article 8(1)(c)(iii). 2 The clearance decision referred to in paragraph 1 shall cover the completeness, accuracy and veracity of the annual accounts submitted. The decision shall be adopted without prejudice to decisions taken subsequently under Article 31. "(18) Article 31 is amended as follows: (a) Paragraph 1 is replaced by the following text:" 1. The Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) regarding the amounts to be excluded from Union financing when it finds that expenditure as indicated in Article 3(1) and Article 4 has been incurred in a way that has infringed the Union's rules. "(b) Paragraph 3, first subparagraph, is replaced by the following:" 3. Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken. "(19) In Chapter 1 of Title IV, the following Article is inserted:" Article 31a Delegated powers In order to ensure the smooth running of the account clearance procedure and of the conformity clearance procedure, the Commission shall adopt by delegated act in accordance with to the procedure referred to in Article 42a rules regarding the measures to be taken in connection with the adoption of the decisions referred to under Articles 30 and 31 and their implementation, as well as the rules regarding the conciliation procedure referred to in Article 31(3), second subparagraph, including the establishment, tasks and composition of a conciliation body and its working arrangements. "(20) Article 32 is amended as follows:
(21) Article 33 is amended as follows:
(22) Article 34 is amended as follows:
(23) In Chapter 2 of Title IV, the following Article is inserted:" Article 35a Delegated powers 1. In order to ensure correct and efficient application of the provisions relating to recovery set out in Articles 32 and 33, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a specific obligations to be complied with by the Member States. 2. In order to take account of revenue collected by paying agencies for the Union's budget when making payments on the basis of the expenditure declarations submitted by Member States, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a the conditions under which certain types of expenditure and revenue under the EAGF and the EAFRD are to be offset. "(24) In Chapter 3 of Title IV, the following Article is inserted:" Article 37a Delegated powers To ensure the efficiency of the tasks entrusted to the Commission under Articles 36 and 37, the Commission may define by delegated act in accordance with the procedure referred to under Article 42a rules regarding the cooperation obligations to be complied with by the Member States. "(25) The following Articles are inserted:" Article 40a Delegated powers 1. With a view to ensuring the proper management of the appropriations entered in the budget of the Union for the EAGF and the EAFRD, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:
2. In order to ensure the funding by the EAGF of expenditure relating to intervention measures in the form of public storage, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:
3. In order to verify the consistency of the data notified by the Member States in relation to the expenditure or other information provided for in this Regulation, and to ensure compliance with the obligation to notify pursuant to Article 8, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a the conditions governing the reduction and suspension of payment to Member States, with regard to expenditure under the EAGF and the EAFRD respectively. 4. If the Union's budget has not been adopted by the beginning of the financial year or if the total amount of the commitments scheduled exceeds the threshold laid down in Article 150(3) of Regulation (EC, Euratom) No 1605/2002, in order to enable the equitable distribution of the appropriations available between the Member States, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a arrangements for the payment of the amounts. 5. To avoid the application, by the Member States which do not form part of the euro zone, of different exchange rates in accounts of revenue received or aid paid to beneficiaries in a currency other than the euro, on the one hand, and in the establishment of the declaration of expenditure drawn up by the paying agency, on the other, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules on the exchange rate applicable when declarations of expenditure are drawn up and public storage operations recorded in the accounts of the paying agency. 6. In order to ensure transparent use of the EAGF and the EAFRD and uniform publication by the Member States in accordance with Article 44a, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:
Article 40b Implementing powers 1. The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) rules pertaining to:
2. The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(3) (advisory procedure) the terms and conditions applicable to appropriations carried over in accordance with Article 149(3) of Regulation (EC, Euratom) No 1605/2002 in order to finance the expenditure referred to under Article 3(1)(c) of this Regulation. "(26) Articles 41 and 42 are deleted. (27) The following Articles 42a, 42b, 42c and 42d are inserted:" Article 42a Exercise of the delegation 1. The powerspower to adopt the delegated acts referred to in this Regulation shall beis conferred on the Commission for an indeterminate period of timesubject to the conditions laid down in this Article. 2. As soon as it adopts a delegated act, the Commission shall simultaneously notify the European Parliament and the Council that it has done so. 3. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 42b and 42c. The delegation of power referred to in Articles 6(5), 6(6), 7(2), 9(4), 16(2), 31(a), 35a(1), 35a(2), in Article 37a and in Article 40a(1-6) of this Regulation shall be conferred on the Commission for a period of five years from …(10). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of this five years period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3a. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 3b. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3c. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.[Am. 7] Article 42b Revocation of the delegation 1. The delegation of power referred to in Article 42a may be revoked at any time by the European Parliament or by the Council. 2. The institution which has initiated an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable period of time before taking a final decision, indicating the delegated powers which could be subject to revocation and possible reasons for such revocation. 3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union. [Am. 8] Article 42c Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by one month. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act. [Am. 9] Article 42d Implementing acts - committeeCommittee procedure 1. The Commission shall be assisted by the Committee on the Agricultural Funds. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers*. 2. When implementing acts are adopted pursuantWhere reference is made to this paragraph, Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council)No 182/2011 shall apply.(examination procedure) 3. When implementing acts are adopted pursuantWhere reference is made to this paragraph, Article 4 of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council)No 182/2011 shall apply.(advisory procedure).' "* OJ L 55, 28.2.2011, p. 13. [Am. 10] Article 2 Regulations (EC) No 165/94 and (EC) No 78/2008 are hereby repealed. However, Article 4 of Regulation (EC) No 78/2008 shall continue to apply until 31 December 2013. Article 3 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at ..., For the European Parliament The President For the Council The President
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2010)0759), – having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0001/2011), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to the opinion of the European Economic and Social Committee of 4 May 2011(1), – having regard to Rule 55 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A7-0215/2011), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No ..../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the European Economic and Social Committee(2), Acting in accordance with the ordinary legislative procedure(3), Whereas: (1) Council Regulation (EC) No 834/2007(4) confers powers on the Commission in order to implement some of the provisions of that Regulation. (2) As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the Commission under Regulation (EC) No 834/2007 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). (3) The Commission should haveIn order to ensure the proper functioning of the regime established by Regulation (EC) No 834/2007, the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amendon the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending certain non-essential elements of Regulation (EC) No 834/2007. 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. [Am. 1] (4) In order to guarantee ato ensure uniform applicationconditions for the implementation of Regulation (EC) No 834/2007 implementing powers should be conferred onin all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should in particular be empowered to adopt implementing acts regarding the attribution of code numbers under the control regime, the indication of origin for the products and uniform rules on the exchange of information to be sent by Member States, third countries, control authorities and control bodies or made available by the Commission or the publication of that information, as well as for the recognition of third countries and control authorities and control bodies for the purposes of equivalence and compliance. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of [Regulation (EU) No XX/XXXX of the European Parliament and the Council on …].Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers(5). In the context of preparatory work on the implementing acts, the Commission should continue to make use of advisory groups so that interested parties and NGOs can express themselves on a regular and structured basis.[Am. 2] (4a) The Commission should adopt immediately applicable implementing acts where imperative grounds of urgency so require in duly justified cases relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in the Regulation (EC) No 834/2007 or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in that Regulation and whose control measures are no longer of equivalent effectiveness to those laid down in that Regulation. [Am. 3] (4b) The process of alignment to the Treaty of Lisbon should seek to achieve the aim of simplifying all Union legislation enacted for the sector, with a view to relieving organic farmers of the burden of unnecessary red tape. [Am. 4] (5) In the interest of clarity, the wording of the references to the European Standard EN 45011 or ISO Guide 65 should be harmonised with other relevant Union acts. (6) Regulation (EC) No 834/2007 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 834/2007 is amended as follows: (1) Article 8 is replaced by the following:" Article 8 General requirements Operators shall comply with the production rules set out in this Title and with the specific production rules and the measures and conditions necessary for their implementation, adopted by the Commission by means of delegated and implementing acts pursuant to Articles 38a and 38b. "(2) In Article 9, paragraph 4 is replaced by the following:" 4. The Commission shall, by means of delegated acts pursuant tobe empowered, for the purpose of the prohibition referred to in paragraph 1, to adopt delegated acts, in accordance with Article 38a(1), decide on measures implementing the prohibition on the use of GMOs andconcerning the establishment of a model for vendor declarations confirming that the products supplied have not been produced from or by GMOs. "[Am. 5] (3) In Article 11, the second paragraph is replaced by the following:" However, in accordance with specific conditions to be laid down by the Commission by means of delegated acts pursuant to Article 38a(1), a holding may be split up into clearly separated units or aquaculture production sites which are not all managed under organic production. As regards animals, different species shall be involved. As regards aquaculture the same species may be involved, provided that there is adequate separation between the production sites. As regards plants, different varieties that can be easily differentiated shall be involved. "(4) In Article 12, paragraph 3 is deleted. (5) In Article 13, paragraph 3 is deleted. (6) In Article 14, paragraph 2 is deleted. (7) In Article 15, paragraph 2 is deleted. (8) Article 16 is amended as follows:
(9) In Article 17, paragraph 2 is deleted. (10) In Article 18, paragraph 5 is deleted. (11) In Article 19(3), the second subparagraph is deleted. (12) In Article 20, paragraph 3 is deleted. (13) In Article 21, paragraph 2 is replaced by the following:" 2. The Commission shall, by means of delegated acts pursuant to Article 38a(1)(a)(ii), decide on the authorisation of the products and substances and their inclusion in the restricted list referred to in paragraph 1 of this Article and, if necessary on the withdrawal of products from that list, and shall, by means of delegated acts pursuant to Article 38a(2)(a), fix limits to be applied as regards their use. Where a Member State considers that a product or substance should be added to, or withdrawn from the list referred to in paragraph 1, or that the specifications of use mentioned in this paragraph should be amended, the Member State shall ensure that a dossier giving the reasons for the inclusion, withdrawal or amendments is sent officially to the Commission and to the Member States. Requests for amendment or withdrawal, as well as decisions thereon, shall be published. Products and substances used before the adoption of this Regulation and falling under Article 19(2)(b) and (c) may continue to be used after the said adoption. The Commission may in any case withdraw such products by means of delegated acts pursuant to Article 38a(1)(a)(ii) in accordance with the conditions to be adopted by means of delegated acts pursuant to Article 38a(2)(a). "(14) Article 22 is amended as follows:
(15) In Article 23, paragraph 6 is replaced by the following:" 6. The Commission may, by means of delegated acts pursuant to Article 38a(2)(e), adapt the list of terms set out in the Annex. "(16) Article 24 is amended as follows:
(i) Points (b) and (c) of the first subparagraph are replaced by the following:"
(ii) The fifth subparagraph is replaced by the following:" The use of the organic production logo of the European Union referred to in Article 25(1) and the indication referred to in the first subparagraph of this paragraph shall be optional for products imported from third countries. However, where the organic production logo of the European Union referred to in Article 25(1) appears in the labelling, the indication referred to in the first subparagraph of this paragraph shall also appear in the labelling. "(b) Paragraph 3 is deleted. (17) Article 25 is amended as follows:
(18) In Article 26, the introductory part is replaced by the following:" The Commission shall, by means of delegated acts pursuant to Article 38a(1)(b), establish specific labelling and composition requirements applicable to: "(19) Article 27 is amended as follows:
(20) In Article 28, paragraph 6 is deleted. (21) In Article 29, paragraph 3 is deleted. (22) In Article 30(2), the third subparagraph is deleted. (23) Article 32(2) is amended as follows:
(24) Article 33 is amended as follows:
(i) The first subparagraph is replaced by the following:" The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), recognise the third countries whose system of production complies with principles and production rules equivalent to those laid down in Titles II, III and IV and whose control measures are of equivalent effectiveness to those laid down in Title V. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32. "
(b) Paragraph 3 is amended as follows:
(25) The following Article 36a is inserted:" Article 36a Publication and notification The Commission shall in accordance with the rules to be adopted by means of implementing acts pursuant to Article 38b(b) establish, publish, make available or diffuse the information to be identified by means of implementing acts pursuant to Article 38b(a), as well as the lists of third countries and control authorities and control bodies recognised in accordance with Articles 32 and 33. "(26) Articles 37 and 38 are deleted. (27) The following Articles are inserted:" Article 38a Delegated powers 1. In order to better take account of the expectations of consumers regarding the quality of organic products and to ensure the adequate application of rules by the authorities, bodies and operators concerned and the proper functioning of the single market and trade, the Commission shall, by means ofbe empowered to adopt delegated acts, adoptin accordance with Article 38d, concerning the adoption of specific rules, measures and conditions necessary for the application of this Regulation, including the specific definitions related to its scope, subject to the objectives and principles laid down in Title II, for the following: [Am. 9]
2. In order to take account of the technical development and the specificities of the sector, the Commission may, by means of delegated acts and subject to the objectives and principles laid down in Title II, adopt rules necessary for the application of this Regulation for the following:
3. In order to ensure transparency by fast, efficient, accurate and cost effective exchange of information, the Commission shall by means of delegated acts define:
Article 38b Implementing powers 1. The Commission shall, by means of implementing acts, in accordance with the examination procedure referred to in Article 38g(2), adopt the necessary provisions aiming at reaching a uniform application of this Regulation in the Union, in particular relating to the following: [Am. 10]
1a. On duly justified imperative grounds of urgency, relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in Title II, III and IV or whose control measures are no longer of equivalent effectiveness to those laid down in Title V, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g(3). [Am. 11] Article 38c Commission powers Where powers are conferred upon the Commission, it shall act in accordance with the procedure referred to in Article 38d in the case of delegated acts and in accordance with the procedure referred to in Article 38g in the case of implementing acts, save where explicitly provided otherwise in this Regulation. Article 38d Exercise of the delegation 1. The powerspower to adopt the delegated acts referred to in this Regulation shall beis conferred on the Commission for an indeterminate period of time.subject to the conditions laid down in this Article. 2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. The power to adopt delegated acts referred to in Article 9(4), Article 11, Article 16(1), points (a) and (c) of Article 16(3), Article 21(2), Article 22(1), Article 23(6), Article 26, point (b) of Article 27(7), Article 32(2) and Article 33(2) and (3) shall be conferred on the Commission for a period of five years from ...(6). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 38e and 38f.The delegation of power may be revoked at any time by the European Parliament or by the Council. The decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 3a. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3b. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 12] “Article 38e Revocation of the delegation 1. The delegation of power referred to in Article 38a and 38d may be revoked by the European Parliament or by the Council. 2. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. 3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.“ [Am. 13] “Article 38f Objections to delegated acts 1. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.“ [Am. 14] Article 38g Implementing acts – Committee of organic production 1. Where implementing acts are adopted pursuant to this Regulation, the Commission shall be assisted by the Committee on organic production. and the procedure provided for in Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(2) of the TFEU, currently the subject of discussion by the European Parliament and the Council) shall apply.“That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council, of 16 February 2011, laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers*. 2. In the cases of urgency provided for in Article 32(2) and Article 33(2) and (3) of this Regulation, the procedure provided for in Article [6] of Regulation (EU) No [xxxx/yyyy] shall apply.“Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. * OJ L 55, 28.2.2011, p. 13. "[Am. 15] (28) Article 41 is amended as follows: (a) The title is replaced by the following:" Report to the European Parliament and the Council "(b) Paragraph 1 is replaced by the following:" 1. By 31 December 2011, the Commission shall submit a report to the European Parliament and the Council. "Article 1a The Commission shall evaluate the effects of the amendments made to Regulation (EC) No 834/2007 by this Regulation, with particular regard to transparency and the impact on civil society, three years after …(7). Important stakeholders and representatives of civil society shall be included in this evaluation process. [Am. 16] Article 2 This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at […], For the European Parliament The President For the Council The President
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| System of financing by the European Agricultural Guarantee Fund ***I |
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2010)0761), – having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0002/2011), – having regard to Article 294(3) of the Treaty on the Functioning of the European Union, – having regard to the opinion of the European Economic and Social Committee of 4 May 2011(1), – having regard to Rules 55 of its Rules of Procedure, – having regard to the report of the Committee on Agriculture and Rural Development (A7-0204/2011), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee(2), Acting in accordance with the ordinary legislative procedure(3), Whereas: (1) Council Regulation (EC) No 485/2008(4) confers powers on the Commission in order to implement some of the provisions of that Regulation. (2) As a consequence of the entry into force of the Lisbon Treaty, the powers conferred on the Commission under Regulation (EC) No 485/2008 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). (3) The Commission should haveIn order to ensure the proper functioning of the regime established by Regulation (EC) No 485/2008 the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 485/2008. 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.on the Functioning of the European Union should be delegated to the Commission in respect of establishing a list of measures, which are by their nature unsuited for ex-post control by way of scrutiny of commercial documents, to which this Regulation is not to apply. 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. [Am. 1] (4) In order to guarantee a uniform applicationensure uniform conditions for the implementation of Regulation (EC) No 485/2008 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should in particular be empowered to adopt uniform rules on the exchange of information. The Commission should adopt those implementing acts with the assistance of the Committee on the Agricultural funds established by Article 41d(1) of Council Regulation (EC) 1290/2005 of 21 June 2005 on the financing of the common agricultural policy(5) in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on…[to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council]., implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers(6). [Am. 2] (5) Regulation (EC) No 485/2008 should therefore be amended accordingly, HAVE ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 485/2008 is amended as follows: (1) In Article 1, paragraph 2, the second sentence is replaced by the following:" 2. This Regulation shall not apply to measures covered by the integrated administration and control system falling within Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers*. In order to exclude from the application of this Regulation those measures which are by their nature unsuited for ex-post control by way of scrutiny of commercial documents, the Commission may, by means of delegated acts in accordance with the conditions referred to in Articles Article 13a, 13b and 13c of this Regulation, establish a list of other measures to which this Regulation does not apply. * OJ L 30, 31.1.2009, p. 16. "[Am. 3]. (2) Article 7 is amended as follows:
(3) Article 13 is deleted. (4) The following Articles are inserted:" Article 13a 1. The powerspower to adopt the delegated acts referred to in this Regulation shall beis conferred on the Commission for an indeterminate period of timesubject to the conditions laid down in this Article.
2. The delegation of power referred to in Article 1(2) shall be conferred on the Commission for a period of five years from ...(7). The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 1(2) may be revoked at any time by the European Parliament or by the Council. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 1(2) shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.[Am. 4] Article 13b The delegation of power referred to in Article 13a may be revoked by the European Parliament or by the Council. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.[Am. 5] Article 13c The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.[Am. 6] Article 13d
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13e(2). [Am. 7] Article 13e 1. The Commission shall be assisted by the Committee on the Agricultural Funds established by Article 41 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy*. That committee is a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. * OJ L 209, 11.8.2005, p. 1. "[Am. 8] Article 2 This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at ..., For the European Parliament The President For the Council The President
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| EU-Russia Agreement on the preservation of commitments on trade in services *** |
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(Consent) The European Parliament, – having regard to the draft Council decision (16815/2011), – having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (16816/2011), – having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100(2), Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C7-0522/2011), – having regard to Rules 81 and 90(7) of its Rules of Procedure, – having regard to the recommendation of the Committee on International Trade (A7-0176/2012), 1. Consents to conclusion of the Agreement; 2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation. | |||||||
| EU-Russia agreement on trade in parts and components of motor vehicles *** |
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(Consent) The European Parliament, – having regard to the draft Council decision (16806/2011), – having regard to the draft Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation (16807/2011), – having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0517/2011), – having regard to Rules 81 and 90(7) of its Rules of Procedure, – having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Industry, Research and Energy (A7-0175/2012), 1. Consents to conclusion of the Agreement; 2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation. | |||||||
| EU-Russia Agreement on the introduction or increase by the Russian Federation of export duties on raw materials *** |
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(Consent) The European Parliament, – having regard to the draft Council decision (16827/2011), – having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16828/2011), – having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C7-0520/2011), – having regard to Rules 81 and 90(7) of its Rules of Procedure, – having regard to the recommendation of the Committee on International Trade (A7-0178/2012), 1. Consents to conclusion of the Agreement; 2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation. | |||||||
| Anti-Counterfeiting Trade Agreement between the EU and its Member States, Australia, Canada, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the USA *** |
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(Consent) The European Parliament, – having regard to the draft Council decision (12195/2011), – having regard to the draft Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America (12196/2011), – having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C7-0027/2012), – having regard to Rules 81 and 90(7) of its Rules of Procedure, – having regard to the recommendation of the Committee on International Trade and the opinions of the Committee on Development, the Committee on Industry, Research and Energy, the Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs(A7-0204/2012), 1. Declines to consent to conclusion of the Agreement; 2. Instructs its President to notify the Council that the Agreement cannot be concluded; 3. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America. | |||||||
| Direct payments to farmers (2013) ***I |
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(Ordinary legislative procedure: first reading) The European Parliament, – having regard to the Commission proposal to Parliament and the Council (COM(2011)0630), – having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0337/2011), – having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, – having regard to Article 294(3) and the first paragraph of Article 42 of the Treaty on the Functioning of the European Union, – having regard to the opinion of the European Economic and Social Committee of 25 April 2012(1), – having regard to the opinion of the Committee of the Regions of 4 May 2012(2), – having regard to the undertaking given by the Council representative by letter of 11 June 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, – having regard to Rules 55 and 37 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 Budgets (A7-0163/2012), 1. Adopts its position at first reading hereinafter set out; 2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; 3. Instructs its President to forward its position to the Council, the Commission and the national parliaments. Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 as regards the application of direct payments to farmers in respect of the year 2013
(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 671/2012).
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| 2013 budget - mandate for trilogue |
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The European Parliament, – having regard to the draft budget for the financial year 2013, which the Commission adopted on 25 April 2012 (COM(2012)0300), – having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management(1) (IIA), – having regard to Article 314 of the Treaty on the Functioning of the European Union, – having regard to its resolution of 14 March 2012 on the general guidelines for the preparation of the 2013 budget(2), – having regard to the Council conclusions of 21 February 2012 on the budget guidelines for 2013, – having regard to the conclusions of the interinstitutional meeting on payments of 30 May 2012, – having regard to Title II, Chapter 7 of its Rules of Procedure, – having regard to the letter of the Committee on Fisheries, – having regard to the report of the Committee on Budgets and the opinions of the Committee on Foreign Affairs, the Committee on Development, the Committee on International Trade, the Committee on Budgetary Control, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Regional Development, the Committee on Agriculture and Rural Development, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Constitutional Affairs and the Committee on Women's Rights and Gender Equality (A7-0215/2012), Draft budget for 2013 – general assessment 1. Recalls that in its resolution of 14 March 2012 Parliament placed the promotion of growth and jobs at the centre of its priorities, in line with the Europe 2020 strategy, arguing in particular for the concentration of resources in policies and programmes that are proven to be instrumental in achieving those objectives, notably in support of SMEs and youth; welcomes the fact that the Commission's draft budget for 2013 goes in the same direction in terms of identified priorities to be reinforced; 2. Recognises the persistent economic and budgetary constraints at national level, as well as the need for fiscal consolidation; reiterates, however, its conviction that the EU budget represents a common and effective instrument of investment and solidarity, which is needed particularly at the present time to trigger economic growth, competitiveness and job creation in the 27 Member States; stresses that, despite its limited size, not exceeding 2 % of total public spending in the Union, the EU budget has had a real economic impact and has thus far successfully complemented Member States’ recovery policies; 3. Intends, therefore, to strongly defend an adequate level of resources for next year’s budget, as defined in the draft budget, and to oppose any attempt to cut resources, especially for policies delivering growth and employment; believes that the EU budget, which cannot run a deficit, should not be the victim of unsuccessful economic policies at national level; notes that in 2012 several Member States are increasing the size of their national budgets; 4. Is convinced that, particularly in a period of crisis, financial responsibility is of the utmost importance; believes, therefore, that resources must be concentrated on those areas where the EU budget can deliver added value, whilst they could be reduced in sectors which are experiencing unjustified delays and low absorption, with a view to making savings on lines where problems have arisen in implementation; considers that real savings can be made by identifying overlaps and inefficiencies across budgetary lines; on this basis, intends to identify, together with its specialised committees, both positive and negative priorities for 2013; asks the Commission, to this end, to provide both arms of the budgetary authority with prompt, regular and complete information on the implementation - on the basis of performance target indicators - of the various programmes and initiatives´, and to weigh them against the EU’s political commitments; 5. Believes that the EU, not least in the context of the austerity policies being implemented in the Member States, must show responsibility and take immediate, concrete measures to establish a single seat for Parliament; 6. Notes that the EU draft budget for 2013 proposed by the Commission amounts to EUR 150 931,7 million in commitment appropriations (CA) (i.e. +2 % compared to the 2012 budget) and EUR 137 924,4 million in payment appropriations (PA) (i.e. +6,8 % compared to Budget 2012); observes that these amounts represent respectively 1,13 % and 1,03 % of the EU's forecast GNI for 2013; recalls that the multiannual financial framework (MFF) provides for ceilings of EUR 152 502 million for CA and EUR 143 911 million for PA, at current prices; notes the ongoing discrepancy between the levels of commitment and payment appropriations, which will result in a further increase of reste-à-liquider (RAL); 7. Understands that the Commission, at the end of the programming period, is putting the accent on the side of payments, as it intends also to provide a solution to the ever-growing level of RALs; while sharing this approach, is particularly concerned at the proposed freezing of commitment appropriations at the level of the estimated inflation rate for next year; stresses the importance of commitments for determining political priorities and thus ensuring that the necessary investment will eventually be made to boost growth and employment; intends to analyse carefully whether such a level of commitments will allow the proper implementation of key EU policies; is of the opinion that even if the freezing of commitment appropriations can be presented by the Commission and Member States as a partial solution to the RAL problem, it cannot be considered an acceptable strategy for keeping the level of RAL under control; 8. Views the proposed increase of 6,8 % in PA compared to 2012 as an initial response to Parliament's call for responsible and realistic budgeting; notes that the increases in payments are concentrated in the areas of competitiveness and cohesion, owing to a greater level of claims expected by running projects in these fields; fully endorses this increase, which is the result not only of past commitments that need to be honoured but also of the actual implementation of programmes, which is expected to reach cruising speed by the last year of the current MFF; calls on the Commission to verify with the Member States that their estimated demands for payment increases are accurate and realistic; 9. Remains, however, sceptical as to whether the proposed level of payment appropriations in 2013 is adequate to cover the actual needs for next year, especially in Headings 1b and 2; will carefully monitor the payments situation during 2012, paying particular attention to all proposed transfers and reallocations; warns also that the insufficient level of payments for 2012 combined with the level proposed by the Commission for 2013 might not be sufficient to honour the claims being addressed to the Commission, and could then result in billions of decommitments for cohesion policy alone; stresses that the current proposal would bring the overall level of payments for the period 2007-2013 to EUR 859,4 billion, i.e. approximately EUR 66 billion lower than the agreed MFF ceilings; asks the Commission, in light of the recent request for a transfer (DEC 9/2012), to present, in the context of the amending budget for 2012, accurate information on the results of the current implementation of the European Economic Recovery Plan programmes; 10. Recalls that already in 2011, a significant number of legitimate claims, notably in the field of cohesion policy, could not be paid out by the Commission; notes that those claims will also need to be covered by the 2012 budget, which is already suffering from a shortage of funds as a consequence of the limited increase in payment appropriations due to the Council's position throughout last year's budgetary procedure; calls, therefore, on the Commission to come up with a draft amending budget as early as possible in order to rectify this situation, and to avoid shifting 2012 payments to the following year, since this would create an unsustainable level of payments in 2013; further calls on the Commission and the Council to work constructively, together with Parliament, to avoid repetition of this situation in future budget cycles by improving forecasting accuracy and agreeing on realistic budget estimates; 11. Deplores the Council Presidency’s reluctance to participate in the interinstitutional political meeting on payments proposed by Parliament as a follow-up to last year's budgetary conciliation; regards this behaviour as an irresponsible attempt to ignore the lack of payments issue and the question of RAL; considers such a meeting the ideal platform for the two arms of the budgetary authority to reach a common understanding - ahead of their respective positions on the draft budget - regarding the available data on implementation and absorption capacity and to correctly estimate the payment needs for 2012 and 2013; recalls that the payment appropriations proposed by the Commission in its draft budget are based on the estimates made by the Member States themselves; firmly believes, therefore, that any doubts or second thoughts - as expressed by some Council delegations - over the Commission's figures and calculations need to be communicated, examined and clarified as soon as possible, in order not to become an impediment to reaching an agreement in this year's conciliation; 12. Stresses that, according to the recent data presented by the Commission at the interinstitutional meeting on payments which took place on 30 May 2012, any reduction in the level of payment appropriations below that of the Commission proposal would also result in a further increase in the outstanding commitments (RALs), which at the end of 2011 already reached the unprecedented level of EUR 207 billion; reiterates, therefore, its call on the Council to act responsibly and refrain from making artificial cuts by deciding on the overall level of payments a priori, without taking into account the assessment of actual needs for the achievement of the EU’s agreed objectives and commitments; requests the Council, in the event that this occurs, to clearly and publicly identify and justify which EU programmes or projects should be delayed or dropped altogether; 13. Notes that, according to the Commission’s estimate, all in all 43,7 % of the DB 2013 (i.e. EUR 64,5 billion) is allocated to the objectives of Europe 2020, representing a 0,2 % increase compared to the adopted budget for 2012; appreciates the fact that for the first time the budget lines and programmes contributing to these objectives are clearly identifiable in the draft budget; 14. Takes note of the overall margin of EUR 2,4 billion in CA in the DB 2013, and is determined to make full use of it - as well as of the other flexibility mechanisms foreseen by the IIA - whenever it proves to be necessary in order to finance objectives and priorities deriving from shared political commitments and decisions, namely those of the Europe 2020 strategy; 15. Notes that, apart from administrative expenditure, no appropriations have been entered in the draft budget for the accession of Croatia in July 2013; expects that the revision of the MFF foreseen by Point 29 of the IIA will be adopted swiftly, and asks the Commission to present its proposal through an amending budget for the corresponding additional appropriations as soon as the Act of Accession has been ratified by all Member States; recalls that any new funding requirements are to be financed with fresh money rather than redeployments for the second part of 2013; 16. Recalls that the annual budget for 2013 will be the last budget of the current multiannual financial framework, but reiterates that the MFF 2013 ceilings as agreed in the IIA will remain the reference for, at least, the 2014 financial framework ceilings in the event of no agreement, according to the provisions of point 30 of the IIA; Heading 1a 17. Takes note of the Commission's proposal for increasing commitments under this Heading by 4,1 % (to EUR 16 032 million) as compared to the 2012 budget; notes that the proposal for CA below the financial programming possibilities (i.e. TEN-T, EIT, Progress) leaves an increased margin of EUR 90,9 million compared to the EUR 47,7 million foreseen in the financial programming; is pleased to see that the highest increases in CA are concentrated in Heading 1a, where most of the policies and programmes triggering growth, competitiveness and jobs are placed, and that they reflect the priorities highlighted by Parliament for 2013; 18. Welcomes, in particular, the increases for FP7-EC (+6,1 %), CIP (+7,3 %) and TEN-T (+6,4 %) programmes, which are among the main deliverers of the Europe 2020 objectives; regrets, however, that with the amounts proposed by the Commission two flagship programmes such as FP7 and TEN-T will effectively devote less CA than foreseen in their legal bases (FP: EUR –258,8 million and TEN-T: EUR –122,5 million) for the last year of the current MFF; regrets as well that the Commission proposal does not provide for the full implementation of the Intelligent Energy Europe Programme; 19. Considers the substantial increase in payments, by 17,8 % (to EUR 13 552 million) as compared to the Budget 2012 a realistic estimation of the payments needed under this heading, in particular so as to cover next year's claims for research projects resulting from contractual obligations of the Union; considers the level of payments proposed by the Commission to be the minimum level needed under Heading 1a; 20. Takes note of the rationale adopted by the Commission when proposing reductions as compared to the financial programming, which has led, in its view, to the identification of potential savings within under-implemented lines of - among others - FP7, TEN-T, Marco Polo, Progress, the statistical programme, Customs and Fiscalis; is determined to carefully analyse performance under each of these programmes in order to check the appropriateness of the proposed cuts and exclude negative impacts on the programmes concerned; 21. Recalls the Joint Declaration of 1 December 2011 on financing the additional costs of the ITER programme for 2012-2013, in which Parliament, the Council and the Commission also agree to make available EUR 360 million in CA in the 2013 budget procedure, ‘making full use of the provisions laid down in the Financial Regulation and in the IIA, excluding any further ITER-related revision of the MFF’; is concerned that the Commission proposes to finance this additional amount only through redeployment from lines of the FP7 programme, contrary to Parliament’s long-standing position on the matter; takes full account of the Commission’s claim that this amount derives from performance savings on FP7, and that those cuts on administrative lines will not harm the operation of the programme; intends to examine this claim further, as well as to explore other means available under the IIA and the Financial Regulation for this purpose; 22. Emphasises the need for an adequate staffing level for Fusion for Energy (F4E), the European Joint Undertaking for ITER, so as to ensure the careful management and sound implementation of the EU’s contribution to the ITER project; is concerned at the current staffing level as proposed by the Commission; 23. Recognises the fundamental role played by small and medium enterprises as drivers of the EU economy and creators of 85 % of jobs in the last ten years; recalls the difficulties traditionally faced by SMEs in accessing the capital markets for research and innovation projects, now exacerbated by the current financial crisis; is firmly convinced that the EU budget should contribute to overcoming this market failure, by facilitating access to debt and equity financing for innovative SMEs, and welcomes the Commission’s recent proposal to create a special window for SMEs under the existing RSFF; supports, in addition, the proposed increase for the financial instruments under the CIP-EIP programme (EUR 14,7 million), in line with their positive performance so far and the increased demand from SMEs; 24. Deeply regrets that, at a time of economic crisis and especially of high youth unemployment the appropriations for the Progress programme have been reduced by EUR 5,3 million compared to the financial programming, thus being brought back practically to the 2012 levels, despite the good performance of this programme so far, including its gender equality and anti-discrimination strands; reiterates its belief that EU social programmes are instrumental in achieving the social and employment targets of the Europe 2020 strategy; deplores the fact that not even in the last year of the current MFF has the Commission seized the opportunity to reinstate under this programme the EUR 60 million redeployed in favour of the Progress Microfinance Facility, as committed in 2010; 25. Welcomes the Commission's decision to include in the DB, for the third year running, payment appropriations (EUR 50 million) for the European Globalisation Adjustment Fund (EGF); underlines the fact that this not only gives higher visibility to the fund but also avoids transfers from other budget lines pursuing different aims and covering different needs; stresses, moreover, the need for further simplification of the practical modalities of the procedure for mobilisation of this fund, especially in the context of the ongoing negotiations on the new EGF regulation; 26. Regrets that the contribution to the Youth on the Move Flagship Initiative is slightly reduced compared to last year; highlights in this context the added value of the Lifelong Learning, Erasmus and Erasmus Mundus programmes, which, against a modest financial backdrop, yield great returns in terms of effective implementation and positive image of the Union vis-à-vis its citizens; recalls that in many Member States young people are being significantly hit by the economic and financial crisis and that in this context adequate funding and targeting of educational and mobility schemes and lifelong learning programmes are significant in modernising education and training systems and raising the levels of skills, mobility and adaptability of young people, thereby contributing overall to an innovative, knowledge-based, smart and inclusive Europe; to this end strongly supports the promotion of equal opportunities in order to enable young people, whatever their educational background, to benefit from the EU’s various youth programmes and policies; opposes, therefore, the proposed reduction by EUR 10,2 million as compared to the 2012 budget for the Lifelong Learning Programme and, in line with its established position in the last budgetary procedures and the excellent performance rates of this programme, intends to reinforce the commitment appropriations for the corresponding budget line; 27. Stresses that the TEN-T programme, through investment in high European added value infrastructures, has a central role to play in the attainment of the objectives of the Europe 2020 Strategy; considers this programme to be essential for boosting the competitiveness of the EU as a whole, by creating the missing infrastructure and removing bottlenecks within the internal market; stresses that infrastructure projects also directly contribute to growth by stimulating employment during the building phase; underlines the role of the TEN-T programme for meeting the goals of adaptation to climate change by ensuring the future sustainability of the EU’s transport networks; welcomes the Commission's proposed increase of approximately EUR 85 million compared to the 2012 budget, but asks for further clarification on the proposed reduction by EUR 118 million as compared to the financial programming; recalls that the main TEN-T programme was fully executed in 2011, and points out that a final judgement on how commitments have been implemented and paid out on projects in the 2007-2013 financial framework can only be made in 2017; 28. Believes that the programme to support the further development of an Integrated Maritime Policy needs adequate funding for 2013; underlines its disappointment at the absence of a budget line on tourism, and regrets the constant decrease in the budget allocation for road safety; 29. Stresses that innovative solutions are urgently required in order to mobilise private or public funds to a greater extent and extend the range of financial instruments available for infrastructure projects; fully supports the pilot phase of the Project Bond Initiative as a means to boost investment capacity in the field of the EU’s transport, energy and ICT networks; welcomes the fact that the draft budget includes appropriations for the pilot phase, even if they are actually redeployed within the relevant budget lines (CIP - TEN-T - TEN -E) as agreed by the legislative authority; 30. Deeply deplores the Commission's proposed cuts for the European Supervisory Authorities, compared to what was originally foreseen in the Financial programming, which are contrary to Parliament’s repeated calls for them to be funded adequately; considers the current level of appropriations insufficient to allow those agencies to cope efficiently with their tasks, notably the recruitment of highly qualified experts; believes that the additional tasks entrusted to ESAs should be complemented by cost assessment; strongly expresses, therefore, its intention to reinstate the appropriations, at least at the 2012 level, for the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA), as well as to further reinforce the European Securities and Markets Authority (ESMA) in the light of the new tasks entrusted to it; Heading 1b 31. Notes that the DB 2013 provides for an increase in CA of 3,3 % (to EUR 54 498 million) compared to the 2012 budget, of which EUR 42 144 million are for the Structural Funds (ERDF and ESF) and EUR 12 354 million for the Cohesion Fund; stresses that the reduction in the level of commitments in the DB for technical assistance compared to that originally foreseen in the financial programming has led an increase in the margin of EUR 25 million compared to the initial forecast of EUR 0,4 million; 32. Regrets the proposed cuts in technical assistance for macroregional strategies; reiterates the need for continuous technical and administrative support for the implementation of the strategies, as well as for seed money for new projects, as indicated by the high implementation rate in 2011; 33. Stresses that cohesion policy has long proved its added value as a necessary investment tool to deliver growth and job creation effectively by accurately addressing the investment needs of the regions, thus contributing not only to the reduction of the disparities between them, but also to economic recovery and the development of the Union as a whole; also considers the Structural Funds a crucial instrument - in view of both their financial size and the objectives pursued - for accelerating economic recovery in the EU and delivering the sustainable growth and employment objectives enshrined in the Europe 2020 Strategy; welcomes, therefore, the Commission's initiative of reprogramming where possible EUR 82 billion of unallocated Structural Fund moneys in some Member States in favour of SMEs and youth employment, in line with Parliament’s priorities for 2013; notes that, according to the Commission, EUR 7,3 billion in EU financing has in this context been targeted for accelerated delivery or reallocation; asks to be kept duly informed on the implementation of this initiative at national level, its expected impact on growth and jobs, and its possible impact on the 2013 budget; 34. Is extremely concerned over the payment situation of cohesion projects under this Heading, and notes that two-thirds of the total level of RAL at the end of 2011 (i.e. EUR 135,8 billion) reflects unpaid projects under cohesion policy; recalls that at the end of 2011 the Commission was unable to reimburse some EUR 11 billion corresponding to legitimate payment claims submitted by project beneficiaries due to the insufficient level of payment appropriations foreseen in the budget; notes that this has led to a considerable payment backlog, which will have to be addressed through the availability of sufficient payment appropriations in 2012; firmly points out that it will not accept a recurrence of this situation in 2013; 35. Recalls, in this context, that 2013 is the last year of the current MFF, with implementation of co-financed projects running at full speed and expected to accelerate further, with the bulk of payment requests being expected to reach the Commission in the second half of the year; calls on the Council and Commission to immediately analyse and assess, along with Parliament, the figures and requirements concerned, so as not to jeopardise implementation for 2013; points out that a lack of payment appropriations could endanger currently well-functioning programmes; stresses, moreover, that 2013 will be a year when, due to the lapsing of the N+3 rule, payment claims submitted by 12 Member States will need to be presented for two annual commitment tranches (2010 and 2011 under the N+3 and N+2 rules respectively); considers therefore as a minimum the proposed increase in payment appropriations by 11,7 % (to EUR 48 975 million) as compared to last year since, as mentioned by the Commission, it strictly relates to 2013 and assumes that payment needs from previous years will have been covered; 36. Considers this increase in payments to be only a first step to cover the actual needs of running projects, and reiterates its concern regarding a possible shortage of funds in the field of cohesion policy; calls on the Council and Commission to carefully evaluate the real needs in terms of payments for 2013 under Heading 1b, and not to make any cuts which are unrealistic or take decisions that are at odds with the forecasts provided by the Member States themselves and used as a basis for the Commission's draft budget; will therefore oppose any possible cut in the level of payments compared to the proposal included in the DB 2013; 37. Calls, as well, on the Commission and Council, should payment appropriations be insufficient to cover real needs during this year, to present in good time and adopt an amending budget, thus fulfilling the joint commitment made in the interinstitutional declaration of December 2011; Heading 2 38. Notes that the DB 2013 proposes to increase CA by 0,6 % (to EUR 60 307 million) and PA by 1,6 % (to EUR 57 964 million) as compared to the 2012 budget; underlines that these levels remain below the increase proposed by the Commission for the budget as a whole; points out that these increases are partly due to the continuous phasing-in of direct payments to new Member States and additional needs for rural development projects; stresses that the proposed funds for market interventions are EUR 419 million less for 2013 than in the 2012 budget; 39. Notes that the projected margin of EUR 809 million for the market-related expenditure and direct aids sub-ceiling under Heading 2 represents a significant increase compared with 2012, which, according to the Commission, is mostly the result of a one-off effect following the end of the Sugar Restructuring Fund; expresses its satisfaction that this margin means that the financial discipline mechanism will not be applied in 2013; stresses that a sufficient margin is necessary under this Heading to alleviate any potential crisis arising in the agricultural sector, as seen in recent years with the EHEC crisis; 40. Stresses that 2013 is the last year of the current programming period and hence an adequate level of payment appropriations must be ensured under Heading 2, to cover, in particular, the needs of the current rural development and LIFE+ projects; 41. Points out that Heading 2 is instrumental for realising the EU 2020 strategy goals of sustainable growth and employment, in particular through its rural development programmes; highlights the need to support SMEs in rural areas, as the main job creators and as particularly targeting young people; welcomes in this respect the proposed increase in CA for rural development by 1,3 % (to EUR 14 808 million); 42. Notes that the appropriations for Heading 2 are lower than the estimated needs, since assigned revenues to the EAGF are estimated to be higher in 2013 (EUR 1 332,8 million) than in 2012 (EUR 1 010 million); notes that this difference stems from the remaining balance of the Temporary Sugar Restructuring Fund (EUR 647,8 million), while assigned revenues from clearance of accounts decisions are expected to be lower than in 2012 (EUR 400 million in the 2013 draft budget compared to EUR 600 million in the 2012 Budget); recalls that an adjustment of the current estimates on the basis of actual needs will be made in the autumn through the agricultural amending letter; 43. Recalls that price volatility in this sector is a major concern, and endorses measures to combat speculation in agricultural commodities; urges the Commission and the Council to carefully monitor developments on the agricultural markets; in this context, reminds the Commission of the call made by Parliament - on which no action has been taken to date - for the creation of a ‘price and margins observatory’, which would make it possible to achieve better price comparability and greater transparency in setting food prices; 44. Notes that the proposed increase in direct aids is mainly due to the ongoing phasing-in of direct payments in the EU-12, creating an additional budgetary requirement of EUR 860 million in 2013, while expenditure on market interventions is expected to decrease, owing to higher assigned revenue and a favourable market situation for most sectors; 45. Notes that the amounts assigned to certain budget lines, including the school milk programme, have been significantly reduced, and asks the Commission to provide Parliament with a justification for this; 46. Stresses that EU policies and the EU budget are key elements for achieving the Europe 2020 targets; believes in this context that the climate action and environmental objectives are of a cross-cutting nature and must be translated into concrete measures to be implemented under the various EU programmes and policies, in order to make a substantial contribution to sustainable growth and effectively address major challenges such as resource scarcity and climate change; 47. Notes the proposed slight increase of CA - by 3,3 % to EUR 366,6 million - for LIFE +, but regrets that the appropriation is EUR 10,55 million below the level of the financial programming of January 2012; will explore, in this context, all provisions as stated in point 37 of the IIA; 48. Welcomes the amounts proposed by the Commission for the food distribution programme for Most Deprived Persons (MDP); calls on the Council to respect the joint decision taken at the end of 2011 on maintaining funding for this programme for 2012 and 2013; 49. Regrets the continued subsidising of tobacco production in the EU, which is contrary to the objectives of the Union’s health policy; 50. Considers it important to maintain the financial support for the common fisheries policy (CFP) with a view to its imminent reform; stresses, in particular, the need to support SMEs in the fisheries sector and to promote access to jobs for young people in this field, while ensuring the sustainable character of the CFP, as well as the need to promote measures guaranteeing the social, economic and environmental viability of the sector; welcomes, in this regard, the proposed increase for the European Fisheries Fund by, respectively, 2,2 % (to EUR 687,2 million) in CA and 7,3 % (to EUR 523,5 million) in PA, compared to the 2012 budget; regrets, however, the proposed cuts in the areas of governance of the CFP, conservation, management and exploitation of fisheries resources, and monitoring and enforcement of the CFP; Heading 3a 51. Notes that the overall increase in funding proposed in DB 2013 - EUR 1 392,2 and 928,3 million in commitments and payments respectively - compared to the 2012 budget for actions encompassed under this heading is 1,8 % (by EUR 24,42 million) in CA and 11,1 % in PA; considers that this is in line with the growing ambitions of the EU in the area of freedom, security and justice; 52. Stresses the need to reinforce appropriations for cybersecurity in the IT sector, due to the enormous damage that increasing criminal activity in this domain is causing to the Member States’ economies; insists that boosting the fight against cybercrime at Union level via the upcoming European Cybercrime Centre will require adequate funding, and therefore deplores the cuts proposed by the Commission for Europol, as the Centre's tasks as identified by the Commission cannot be carried out with Europol's current human and financial resources; notes that, contrary to the financial programming, a cut of EUR 64,4 million is proposed for the Prevention of and Fight against Crime programme compared to the 2012 budget, although this programme was conceived with a view also to covering cybercrime and illegal use of the internet; 53. Calls for continued support for Frontex, as well as for the various recently created agencies under this heading (in particular the European Asylum Support Office and the agency for large-scale IT systems); notes the 8,9 % cut (EUR –7,3 million) in the contribution to the European Police Office (Europol) compared to the 2012 budget, and expects the Commission to provide additional details on this proposed cut; 54. Notes that the reduction of EUR 30 million for the VIS programme and the termination of Eurodac (EUR –0,5 million) will be compensated by the transfer of these tasks and the corresponding budget appropriations to the new agency for the operational management of large-scale IT systems; 55. Takes note of the significant increase in commitments and comparatively low level of payments for SIS II; points out that, according to the global schedule for SIS II, in 2013 its development and migration should be completed and the IT Agency will take over the management of the system; challenges, therefore, the significant budget increase far beyond its original financial planning at such a late stage, just before the SIS II is to become operational; recommends maintaining a substantial part of the budget for SIS II in the reserve until its operational progress and compliance with the financial planning have been justified; 56. Appreciates the increase by EUR 9,8 million compared to the 2012 budget proposed by the Commission for the European Refugee Fund, which is coherent with the line taken in previous years and the ongoing implementation of a Common European Asylum System; takes notes of the 19 % increase in the External Borders Fund's budget allocation, to EUR 415,5 million, which is limited to half that foreseen by the financial programming; recalls its firm request for an appropriate and balanced answer to the challenges, with a view to the management of legal migration and slowing-down of illegal migration; 57. Stresses that measures aimed at combating gender violence must be sufficiently funded; emphasises the important role that the programme for preventing and combating all forms of violence (Daphne) has played in eliminating violence against women and girls in the EU, and stresses the importance of increasing its funding in 2013; Heading 3b 58. Recalls that Heading 3b, though the smallest heading of the MFF in terms of financial allocation, covers issues of key concern to the citizens of Europe, such as youth, educational and cultural programmes, public health, consumer protection, the civil protection instrument and communication policy; deplores, therefore, the fact that again for 2013 the overall appropriations under this Heading, compared to 2012 budget, are to be reduced, with a cut in CA of 1,2 % (EUR 26,08 million) and in PA of 0,4 %, excluding the Solidarity Fund; 59. Welcomes, given its sound implementation in previous years, the increased funding in 2013 for the Youth in Action programme (to EUR 140,45 million), which represents an increase of EUR 0,8 million compared to the 2012 budget and EUR 16,5 million compared to the Financial programming; 60. Appreciates the increases in commitments compared to the 2012 budget for the Culture programme (+1,4 %), Media 2007 (+1,1 %) and Union action in the field of health (+3,1 %), but regrets the cuts in appropriations compared to the 2012 budget for the Europe for Citizens programme - especially during the European Year of Citizens - as well as for Union action in the field of consumer policy and Media Mundus; 61. Regrets the decreased volume of commitments for communication actions compared to the 2012 budget, at a time when the gap between the European Union and its citizens is more evident than ever, as shown in the ever-diminishing turnout in European elections; is convinced of the need for reinforced communication efforts and commensurate funding in order to ensure the visibility of the Union institutions and demonstrate their contribution to overcoming the economic and financial crisis; 62. Underlines the fact that again this year a very limited margin (EUR 25,6 million) is left available under this heading, which will leave little room for manoeuvre should new actions or decisions on funding priorities directly relevant to the citizens be needed; Heading 4 63. Notes that the commitment and payment appropriations presented in the DB 2013 mark an increase of 0,7 % and 5,1 %, as compared to the 2012 budget, to EUR 9 467,2 and EUR 7 311,6 million respectively; points out that these increases remain below that proposed by the Commission for the budget as a whole; 64. Recalls the need for closer coordination and coherence of efforts in the financing of external actions by the Union and the Member States, in order to avoid overlaps and duplication of scarce resources; underlines the need to foster cooperation and synchronisation of actions with other international, local and regional donors in order to optimise the use of funds and create synergies; believes that in times of economic hardship it is also important to enhance flexibility in the programming and implementation of instruments and complement scarce resources with instruments having leverage effects that would enable the use and reuse of the funds invested and generated; 65. Notes the significant increase of EUR 272,3 million in the proposed margin for Heading 4 compared to the financial programming for 2013 (from EUR 119,6 million to EUR 391,9 million), which reflects the net effect of the increase in commitments for ENPI (reinforced by EUR 51,7 million), ICI and ICI + (above the financial programming, at EUR 0,3 million) and decreasing the growth in commitments for the Guarantee Fund (EUR –104,5 million), the Instrument for Pre-Accession Assistance (EUR –99,3 million), macrofinancial assistance (EUR –37,4 million), the Development Cooperation Instrument (EUR –28,6 million), and the Instrument for Stability (EUR –41,4 million); calls on the Commission to provide sufficient explanation as to why such a significant scaling-down of some programmes was needed compared to the financial programming; stresses that, while the principle of scaling down programs that are underimplemented could be welcomed if it produces efficiency savings, appropriations should not be cut across the board; warns that the use of an artificially high margin as a negotiating tool in the budgetary procedure cannot be considered as a sound budgetary practice; 66. Regrets, in particular, the ongoing decrease of appropriations in the field of development cooperation; wonders how this is compatible with the EU’s international commitments in terms of allocating, by 2015, 0,7 % of GNP to the Millennium Development Goals; regrets the fact that the total level of commitments under the Development Cooperation Instrument (DCI) as proposed in DB 2013 represents an increase of less than the estimated inflation rate, and that the proposed total DCI payment level is below that of 2012; calls on the Commission to ensure a more coherent, realistic and better planned approach to the financing of DCI; 67. Notes the proposal to increase appropriations under the European Neighbourhood Instrument, addressing the needs of countries facing major political and economic change; welcomes the focus on the Eastern Partnership, and reaffirms its support for the countries constituting its southern component as they face challenges of historical proportions in the wake of the Arab Spring; considers the Commission’s reporting on the application of the ‘more for more’ principle to be insufficient, and calls on it to develop clear criteria for how it is to be implemented; 68. Considers that a sufficient level of EU financial assistance to the Palestinian Authority and UNRWA is still needed in order to adequately and comprehensively respond to the political and humanitarian situation in the Middle East and the peace process; stresses the particularly difficult situation faced by UNWRA at the moment, notably following the events in Syria; notes that the net effect of the increase in commitments for ENPI is mainly due to the fact of maintaining support for the occupied Palestinian territories at the level of the 2012 draft budget; 69. Stresses that, thanks to Parliament’s strong commitment, the EU’s annual contribution to the Palestinian Authority, UNRWA and the Middle East peace process over the last years amounts to EUR 300 million, and recalls that the budgetary authority has, in the course of the budgetary conciliation, agreed to an allocation of EUR 200 million for the year 2012, conditioned by a sine qua non supplementary increase of EUR 100 million for the 2011 financial year stemming from unused appropriations; calls for a funding commitment that reflects actual needs from the beginning of the budget year, in order to ensure that the EU can effectively support sustainable peace-building; insists that strict financial controls must be imposed and a detailed breakdown and evaluation of expenditure must be forwarded to Parliament; 70. Acknowledges the fact that with the accession of Croatia to the Union, a reduction of EUR 67,6 million will be made to the IPA allocations; is nevertheless concerned that the Commission is proposing a greater than expected reduction in support for institutional capacity building for candidate countries, with the cut in IPA allocations for Croatia (EUR –29,14 million in total as compared to 2012), while the same line for potential candidate countries is reinforced (EUR +10,5 million compared to 2012); recalls that institutional capacity is of utmost importance for the proper use of Union funding and is equally important for both candidate and potential candidate countries; welcomes the proposed increase in CA for IPA rural development of 10,2 % compared to the 2012 budget; 71. Reiterates that, especially in times of austerity, commitment appropriations should be carefully planned for each CFSP budgetary line in order to guarantee that EU money is streamlined towards the measures where it is mostly needed, wherever possible taking into consideration the flexibility and unpredictability of CFSP operations; in this context, welcomes calls for greater synergies through, inter alia, the pooling, sharing and integration of capabilities and through improved performance, planning and conducting of missions and operations; welcomes efforts for a transparent and complete overview of all CFSP missions; will carefully analyse the increase of 9,2 % in CA for the CFSP in 2013; 72. Recognises the need to react to the transregional challenges posed by organised crime, trafficking, the need to protect critical infrastructure , threats to public health and the fight against terrorism; however, calls on the Commission to provide evidence as to why an increase of 50 % is needed for these measures in 2013; Heading 5 73. Notes that total administrative expenditure for all institutions is estimated at EUR 8 544,4 million, representing an increase of 3,2 % as compared to 2012 and leaving a margin of EUR 636,6 million, including additional expenditure linked to Croatia's accession; 74. Acknowledges that most institutions, including the European Parliament, have made an effort to restrict their administrative budgets to an increase below the expected inflation rate, excluding the cost of enlargement to Croatia; in this context, underlines the need for the long-term rationalisation of administrative resources, and insists on the need to strengthen interinstitutional cooperation in areas such as human resources, translation and interpretation, buildings, and information technology; 75. Stresses that the increase of 3,2 % as compared to 2012 is mainly due to statutory or contractual obligations such as pensions or salary adjustments; notes, however, that the Commission has complied with and even overstepped its commitment to keep the nominal increase in its administrative appropriations under Heading 5 below the forecast inflation rate of 1,9 % as compared to 2012, as explained in the letter of 23 January 2012 from the Commissioner for Budgets and Financial Programming; 76. Understands that this was achieved through a reduction in the number of posts in the Commission’s establishment plan by more than 1 % already for 2013, notably in the areas of administrative support, budgetary management and anti-fraud, as well as through further cuts in other items of administrative expenditure; requires further explanation as to the actual need to proceed to such staff reductions and thus freeze administrative expenditure in real terms, when the Commission managed to freeze its administrative expenditure in nominal terms in 2012 without resorting to any staff cuts; 77. Welcomes this effort towards budget consolidation in administrative expenditure at a time of economic and budgetary constraints at national level; recognises the need for all EU institutions to share the efforts of this consolidation; is, however, concerned at the adverse impact such measures may have on the swift, regular and effective implementation of EU actions and programmes by a modern administration, given in particular the need to reward performance and quality of service, taking account of geographical balance, especially at a time when the EU’s competences continue to increase and new Member States join the Union; welcomes the information given on those areas which are reinforced in staffing, such as European economic governance, the single market and security and justice, but asks for similar information on those policy areas and types of post where cuts in staffing were made as compared to 2012; 78. Reiterates, against this background, that any such staff reduction should be based on a prior impact assessment and take full account of, inter alia, the Union's legal obligations, the EU’s priorities and the institutions' new competences and increased tasks arising from the treaties; stresses that such assessment should also take carefully into account the effects on the different Directorates-General and services, given their size and workload notably, as well as on the different types of posts concerned as presented in the Commission's annual screening of human resources (policymaking, programme management, administrative support, budgetary management and anti-fraud activities, language services, etc); 79. Emphasises that for many areas of EU action, sufficient staffing should be ensured in view of the stage of implementation of programmes, new priorities and other developments; will therefore carefully scrutinise the overall evolution of staff levels in the different DGs and services, also in the light of the priorities presented in this report; in addition to providing more detailed information in this regard, asks the Commission to proceed to a similar detailed assessment of the impact of the proposed across-the-board staff cuts, also taking into account in the longer term any further reduction in Commission staffing, and to report back to Parliament; insists that this must be a prerequisite for the budgetary authority to consider accepting, depending on its outcome, the 1 % staff reduction for 2013; 80. Takes the view that questions remain about the high number of costly management positions at high grade levels among the staff of the European External Action Service; therefore requests the EEAS to provide additional information, in particular regarding the significant increase (+9,2 %) in AD 14 posts proposed in the draft budget; requests likewise further information on the large increases in proposed appropriations for security and surveillance of buildings (+57,2 %); 81. Is convinced that prevention and mediation are among the most cost-efficient ways to manage conflicts by preventing them from escalating into violence; welcomes, therefore, the proposal to introduce a budget line amounting to EUR 500 000 for Conflict Prevention and Mediation Support Services in the EEAS budget, following the successful completion at the end of this year of a preparatory action proposed by Parliament; 82. Takes the view that the European Schools should be adequately funded in the interests of addressing the specific situation of the children of employees of the EU institutions; takes note of the proposed overall allocation of 180,7 million, which represents a 6,8 % increase as compared to 2012, and is above the financial programming amounts; will nonetheless carefully scrutinise the budget lines for each of the European Schools, and will make, during its reading, any modification it considers appropriate in this respect; Pilot projects – preparatory actions 83. Stresses the importance of pilot projects and preparatory actions as key tools for the formulation of political priorities and for paving the way for new long-term initiatives, both at regional and EU level, that might turn into EU activities and programmes improving the lives of EU citizens; intends to proceed to the identification of a balanced package of PP-Pas, based on the Commission's assessment and recommendations and on careful consideration of the sustainability and durability of the expected results; 84. Will forward to the Commission, pursuant to Annex II, part D of the IIA, a first provisional list of potential PPs and PAs for the Budget 2013; expects the Commission to provide a well-reasoned analysis of Parliament's indicative proposals; stresses that this provisional list does not preclude the formal tabling and adoption of amendments concerning pilot projects and preparatory actions during Parliament’s reading of the budget; 85. Recalls that under the 2012 budget a total of 70 pilot projects and preparatory actions were adopted, amounting to EUR 105,45 million in CA across all headings; points out that, should the budgetary authority adopt for 2013 pilot projects and preparatory actions at a similar level and with a similar breakdown among headings, 54 % of the margin under Heading 1a, 27 % of that under Heading 3a and 37 % of that under Heading 3b would already be used up; 86. Takes note of the Commission's proposals for four preparatory actions and two pilot projects for a total amount of EUR 15,5 million in CA; intends to carefully analyse the objectives and contents of these proposals and check the amounts requested; Agencies 87. Notes the overall level of EUR 748 million (i.e. 0,5 % of the total EU budget) devoted to the decentralised EU agencies in DB 2013, resulting in an increase in the total EU contribution (including assigned revenue) as compared to the 2012 budget amounting to EUR 24 million, or +3,2 %; is aware that this increase is accounted for mainly by the eight phasing-in agencies, in view of the need to provide them with adequate funding, and by the seven agencies whose tasks have been extended, so as not to hinder their performance; notes that the EU contribution to the agencies at cruising speed is decreasing in nominal terms, with, however, an increase in staffing of 1,2 %; notes that the agencies now have a total of 5 115 establishment plan posts overall, i.e. an increase of 257 posts, mainly concerning agencies with new tasks or in their start-up phase; 88. Notes that for the first time the Commission has cut the budgetary requests of almost all the agencies, which were in line with the financial programming amounts overall; this includes those agencies whose tasks fall under Parliament's priorities, involving a total amount of some EUR 44 million; recalls that a careful analysis of the methodology, rationale and possible impact of such cuts is necessary with regard to several resolutions, the most recent being the 2010 discharge, which stress that the review of the agencies by the IWG should lead to structural improvements in their impact and cost-efficiency, inter alia by identifying areas of duplication and overlap amongst existing agencies; stresses once more that the EU agencies‘ budget allocations are far from consisting of administrative expenditure alone, but, rather, contribute to achieving the Europe 2020 goals and the EU’s objectives in general, while aiming at making savings at national level, as decided by the legislative authority; o 89. Considers the following issues to be of specific interest for the trilogue due to take place on 9 July 2012:
90. Instructs its President to forward this resolution to the Commission and Council.
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| Strategy for the protection and welfare of animals |
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The European Parliament, – having regard to the Commission Communication of 19 January 2012 on an EU Strategy for the Protection and Welfare of Animals 2012–2015 (COM(2012)0006), – having regard to Articles 7 and 13 of the Treaty of the Functioning of the European Union, – having regard to its resolution of 12 October 2006 on a Community Action Plan on the protection and welfare of Animals 2006–2010(1), – having regard to its resolution of 22 May 2008 on a new animal health strategy for the European union 2007–2013(2), – having regard to its position of 6 May 2009 on the proposal for a Council regulation on the protection of animals at the time of killing(3), – having regard to its resolution of 5 May 2010 on evaluation and assessment of the animal welfare action plan 2006–2010(4), – having regard to its resolution of 12 May 2011 on antibiotic resistance(5), – having regard to its resolution of 8 March 2011 on EU agriculture and international trade(6), – having regard to its declaration of 15 March 2012 on the establishment of a maximum 8-hour journey limit for animals transported in the European Union for the purpose of being slaughtered(7); – having regard to its declaration of 13 October 2011 on dog population management in the European Union(8), – having regard to the Agriculture and Fisheries Council Conclusions of 29 November 2010 on the welfare of dogs and cats, – having regard to the Commission Communication of 15 November 2011 on an action plan against antimicrobial resistance (COM(2011)0748), – having regard to the Commission Communication of 10 November 2011 on the impact of the Council Regulation (EC) No 1/2005 on the protection of animals during transport (COM(2011)0700), – having regard to the European Food Safety Authority (EFSA) scientific opinion of 2 December 2010 on animal welfare during transport(9), – having regard to the EFSA scientific opinion of 13 December 2011 on Guidance on Risk Assessment for Animal Welfare(10), – having regard to the World Organisation for Animal Health (OIE) definition of animal welfare(11), – having regard to the twelve additional Principles and criteria of good Animal Welfare developed by the Welfare Quality Project(12), – having regard to Council Decision 78/923/EEC of 19 June 1978 concerning the conclusion of the European Convention for the protection of animals kept for farming purposes(13), – having regard to the European Convention for the Protection of Pet Animals(14), – having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(15), – having regard to Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos(16), – having regard to Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes(17), – having regard to the Communication from the Commission of 24 July 2009 on mainstreaming sustainable development into EU policies and on the 2009 Review of the European Union Strategy for Sustainable Development (COM(2009)0400), – having regard to the Commission Communication of 28 October 2009 on options for animal welfare labelling and the establishment of a European Network of Reference Centres for the protection and welfare of animals (COM(2009)0584), – having regard to Rule 48 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 the Environment, Public Health and Food Safety and the Committee on Petitions (A7-0216/2012), A. whereas a high level of animal welfare, which is part of sustainable development, is important to protect animal health and to ensure productivity, although it entails additional operating costs that are not distributed proportionately throughout the food chain; B. whereas the deterioration in the state of health of wild animals, whose numbers are increasing in the majority of Member States, could result in an increased spread of contagious diseases to domestic animals and, at the same time, have an adverse effect on public health; C. whereas EU and national rules on animal welfare, owing to their complexity and differing interpretations, create legal uncertainty and can put producers in certain Member States at a serious competitive disadvantage; whereas with regards to the implementation of EU law, a lack of compliance, unharmonised standards and the absence of legal milestones distorts competition and results in an unlevel playing field; D. whereas national rules on animal welfare must not be contrary to the principles of the EU single market; E. whereas the approach to animal welfare should be based on solid scientific evidence and the best scientific knowledge, keeping in mind the need for simplification, cost-efficiency, applicability of standards and consistency with, in particular, environmental and public health policy; F. whereas modern consumers reasonably expect farm livestock to be entitled to the same necessities as humans are: good food, good living conditions and appropriate medical care; G. whereas animal health standards are of vital importance for livestock management in Europe, which has an increasing impact on the level of competitiveness of agricultural holdings; 1. Welcomes the broad Animal Welfare Strategy for the EU in 2012–2015; 2. Recalls that Article 13 of the Treaty is of general application and, as such, is as important as the provisions for environment or consumer protection, and takes legal precedence over all internal market policies; 3. Stresses that animal welfare is a complex and multifaceted issue that has an impact on international and domestic policies, and has important ethical, scientific, economic, cultural and political dimensions; 4. Welcomes the Commission’s intention to address the issue of compliance with animal welfare law as a matter of priority; 5. Welcomes the fact that the strategy paper outlines a policy whereby consumer choice mobilises consumer markets for animal welfare-friendly products and harnesses the forces of the common market for the welfare of farm animals; 6. Deplores the fact that some actions from the Action Plan for 2006–2010 could not be completed, and calls on the Commission to align the target dates for the new actions to the legal deadlines; 7. Deplores the fact that the Strategy has not received the financial backing which the Parliament requested in its resolution of 5 May 2010; calls on the Commission to increase this backing by reprioritising, and by ensuring a better and more coherent integration of animal welfare in other EU policy areas, such as consumer policy, research programmes, and the CAP, as appropriate; 8. Welcomes the Commission's reform proposals and its commitment to animal welfare; underlines the importance of giving strong support to farmers that respect standards and good practices for animal husbandry and that invest in better farming facilities; underlines the importance of adequate funding for the future CAP, as we need a budget that is compatible with the level of our ambitions; 9. Underlines that farmers today face multiple challenges, such as climate change, and have to meet numerous requirements, of which good animal welfare is but one; calls, therefore, on the Commission to ensure proper policy coherence in accordance with Article 7 of the Treaty of the Functioning of the EU (TFEU); 10. Calls on the Member States to make more effective use of the opportunities for assistance offered by the EU rural development funds, and by the Seventh Framework Programme (2007-2013) of DG Research, to promote applied research and to invest in innovative and modern animal welfare solutions; calls on the Member States and the Commission to increase investments in research on and development of new animal welfare techniques and technologies; 11. Regrets that the Strategy fails to make use of the opportunities offered by the Sustainable Consumption and Production, Green Public Procurement and Corporate Social Responsibility policies to promote high levels of animal welfare standards; 12. Urges the Commission to be more ambitious in including and prioritising reciprocity of animal welfare standards, as a non-trade concern in its trade policy and when negotiating multilateral and bilateral international trade agreements, and to promote animal welfare in third countries by requiring equivalent welfare standards for imported animals and products accompanied by strict controls; 13. Calls on the Commission to evaluate and report on animal welfare standards applying in third countries prior to commencing negotiations on trade agreements; asks the Commission also to carry out this exercise without delay in countries where trade negotiations are currently underway; 14. Calls on the Commission henceforth to refrain from submitting free trade agreements to the European Parliament that fail to ensure that equivalent animal welfare regulations apply to imported products as to European products; 15. Welcomes also the Commission’s intention to examine how animal welfare can be better integrated in the framework of the European neighbourhood policy; 16. Calls on the Commission to insist that the WTO rapidly incorporates non-commercial concerns into the Strategy for World Trade, so as to avoid that the competition between EU Member States – required as they are to comply with the most stringent animal welfare standards in the world – and third countries is distorted; 17. Considers that it should be obligatory to inform consumers whether an imported product, or a product containing an imported product, is made from animals that were kept under conditions different from those required by European animal welfare regulations; 18. Regrets that the Strategy fails to reflect the importance of animal health to the well-being of animals and the link between animal health and public health; calls on the Commission to apply the ‘One Health’ principle to this Strategy and to ensure efficient coordination with the Animal Health Strategy, as good animal husbandry, among other factors, helps prevent the spread of diseases and antimicrobial resistance; 19. Recalls that the Parliament, in its resolution of 12 May 2011 on antibiotic resistance, stressed the need to get a full picture of when, where, how and on which animals antimicrobials are actually used today, and believes that such data should be collected, analysed and made public by the Commission without delay; 20. Observes that in the EU, emergency vaccination, and sometimes preventive vaccination, is allowed, but that regulations still hinder the international sales of products from vaccinated animals; observes that these limitations do not adequately take into account advances in vaccination technology and diagnostics; requests that the European Commission rescinds, where possible, trade-limiting measures that unnecessarily restrict the use of vaccination; 21. Calls on the Commission to pay proper attention to the health risks posed by wild animals; considers that a significant number of emerging infectious diseases are zoonotic (transmissible between wildlife, domestic animals and humans), and recognises that trade in wildlife, as well as changes in land use and management, may lead to new or modified interfaces between humans, domestic animals and wildlife that could favour disease transmission; stresses the need for coherence between policies for animal health, animal welfare and trade; 22. Calls on the Commission to produce, by 2015, a report on the state of health of wild animal and the risk of cross-contamination of domestic animals and humans; 23. Calls on the Commission to actively and continuously improve animal welfare regulations in the framework of the EU Wildlife Trade Council Regulation (EC) No 338/97(18) (as amended); 24. Points out that the EU’s dog and cat population is estimated at around one hundred million animals and that no EU legislation exists on pet animal welfare; 25. Calls for a report on stray animals recommending concrete, ethical and sustainable solutions for the Member States and including the evaluation of a coordinated system for the registration and the electronic identification of pets, to be added to the list of actions; 26. Stresses that mandatory identification of cats and dogs, when combined with an effective and reliable system of registration, ensures traceability and is crucial for successful animal health and welfare management, helping to promote responsible ownership and preserve public health; 27. Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals, and to transpose its provisions in national legal systems; 28. Calls on the Member States to adopt comprehensive dog population management strategies which include measures such as dog control and anti-cruelty laws, support for the veterinary procedures – including rabies vaccination and sterilisation – needed to control the number of unwanted dogs, and the promotion of responsible pet ownership, as requested in its declaration of 13 October 2011; 29. Urges the Commission, in its 2014 study on the welfare of dogs and cats involved in commercial purposes, to recommend concrete solutions to prevent dogs and cats from being bred and traded in a way which is likely to cause welfare problems; Enforcement first 30. Shares the Commission’s view that there are today still shortcomings as regards compliance with animal welfare rules, despite the progress made in several fields; reminds the Commission that while current legislation on animal welfare is already, to a large extent, sufficient, it has not been applied to the desired extent in all Member States; calls on the Commission and the Member States to ensure that legislation on animal welfare is complied with in all Member States; 31. Regrets that seven years since its full implementation, Council Directive 1999/22/EC, relating to the keeping of wild animals in zoos, has still not been fully implemented across all Member States; reiterates that the conditions for and welfare of animals kept in zoos has specifically been laid out in this Directive which should be enforced; 32. Welcomes the Commission's ‘Preferred Code of Practice for Zoos’, and requests that the Commission include in this Code best practice guidance on the appropriate keeping of animals of wild species in captivity; 33. Considers that one area where better enforcement is needed is the area of animal transport which, even though it only accounts for a very limited part the life of an animal, needs to be improved in the light of the scientific data gathered by EFSA as required by Council Regulation (EC) No 1/2005(19); 34. Stresses that the full body of existing animal welfare legislation should be fully implemented and complied with in all EU Member States; considers, however, that non-compliance should not hamper new legislation in areas where legislation needs to be updated in the light of new science or in cases where there are gaps; 35. Recalls that there are imbalances in the food chain that place the primary producer at a disadvantage, and that this situation limits the scope for animal welfare investments at farm level; 36. Highlights the costs incurred by producers, and the potential for loss of competitiveness, as a result of the adoption of new and changing animal welfare standards; notes that it is often the case that these costs are not reflected in the price received by farmers; 37. Welcomes the suggestion that consumers should be better informed about existing EU animal welfare regulations; calls on the Commission to include farmers more effectively in research projects and campaigns; underlines the need to make consumers more aware of the additional costs associated with enhanced animal welfare, and to spread these costs in a balanced way throughout the food chain; 38. Urges the Commission, where there is clear scientific evidence demonstrating animal welfare and animal transport problems, to adapt or introduce new policy instruments to resolve these problems, factoring in a better way of distributing animal welfare costs along the food chain; considers that these instruments could include species-specific legislation, outcome-based animal welfare indicators as well as criteria associated with a risk-assessment system as applied in the food safety area; 39. Stresses the need to implement, in partnership with all stakeholders, duly justified ‘legal milestones’ during the transitional period in future animal welfare legislation; 40. Calls for the creation of a new system of comprehensive early intervention to ensure compliance; stresses that Member States struggling to meet the deadline should be identified early by means of a new procedure requiring close co-operation with the Commission; suggests that best-practice forums be set up to allow the Commission, Member States and relevant stakeholders to exchange information on the best way to meet these deadlines, that the Member States draw up an implementation plan incorporating milestones and targets leading up to the deadline in stages, and that a study be initiated to identify the possibilities by which the European authorities could help ensure full compliance with animal welfare legislation; 41. Stresses that the Commission, and in particular the Food and Veterinary Office, must be given increased resources, in keeping with EU budget recommendations and powers, to adequately control the animal welfare inspections carried out by the Member States, a proportion of which should be unannounced checks, and to address breaches; calls on the Member States to ensure that there are sufficient animal welfare inspectors who are adequately trained, with harmonised performance measures in place to ensure consistent checks across all Member States, and to consider giving greater responsibility and power to producer organisations; 42. Calls on the EU Member States to ensure that breaches of EU animal welfare rules are penalised in an effective and proportionate manner, and that each sanction is accompanied by ample information and guidance from the competent authorities as well as by appropriate corrective measures; 43. Recalls the European Parliament’s opposition to the use of privately contracted inspection assistants (PIAs) in slaughterhouses for the red meat sector; considers that hygiene inspection in this sector must be carried out by independent meat inspectors; 44. Notes the final deadline of March 2013, after which the sale of new cosmetics tested on animals will not be allowed; supports this deadline and calls on the Commission not to extend it; 45. Recalls the Commission’s obligation , when there is due reason for concern, to undertake controls of national inspections in order to verify compliance with Directive 2010/63/EU on animal testing; 46. Calls on the Commission to continue to encourage research into test methods requiring fewer test animals and to promote the application of such methods wherever possible; calls, in this context, for the Commission to recognise and utilise the ‘extended one’ test under REACH; 47. Calls on the Commission and the Member States to ensure that the Horizon 2020 research programme foresees adequate opportunities for research in the fields of biodiversity conservation, wildlife trade, the development and validation of non-animal alternatives and the impact of emerging technologies; 48. Calls on the Commission to integrate animal welfare as an objective of the future 7th Environment Action Programme, ensuring, in particular, the inclusion of strategies and actions aiming to reduce the use of animals in research; 49. Points to the concern among European citizens, expressed through their petitions to Parliament, about abuse of the derogations for un-stunned slaughtering in the EU; is particularly concerned that the current derogation for un-stunned slaughter is abused to a large extent in some Member States, to the detriment of animal welfare, of farmers and of consumers; urges the Commission to accelerate its evaluation on the labelling of meat from animals slaughtered without stunning and to present its report before 2013, following its commitment to undertake this evaluation in 2011; highlights that the question of consumers not being informed as to whether or not the meat they are buying is from animals slaughtered without stunning is an issue of great public interest for reasons of both transparency and animal suffering; underlines, however, that labelling is not an alternative to proper enforcement as it can only guide consumers if the information provided is verified and correct; 50. Stresses the need to establish more effective protection measures for animals which are exported from the EU to third countries for slaughter; 51. Considers that practicable and harmonised guidelines should accompany EU animal welfare legislation to ensure uniform application and implementation of the legislation covering, for example, issues such as fitness for transport and the provision of water before and during transport, at rest stops and at destination; 52. Recognises that any deficiencies in implementation are frequently due to legal provisions that cannot be implemented in practice; 53. Stresses that European citizens regularly petition Parliament about the failure of Member States to enforce the provisions of Regulation (EC) No 882/2004; 54. Reminds the Commission and the Member States of their duties as laid down in Regulation (EC) No 882/2004, to provide comparable animal welfare information; calls on the Commission to take effective actions in cases of non-compliance; 55. Calls on all European major retailers to adopt a joint public declaration whereby they commit themselves only to sell products which meet or exceed the standards set in EU animal welfare legislation; Communication and education 56. Emphasises the importance of information and education being adapted and made available at regional and local level, for example through regional workshops and the use of modern technology, and that information concerning new legislation and scientific advances reach all animal handlers; recalls the role which could be played by an EU coordinated network of animal welfare centres in this regard; 57. Considers that the European network of reference centres must provide relevant, high-quality, professional and consistent support to the Member States and other stakeholders regarding best practices in relation to animal welfare; 58. Calls on the Commission to promote existing animal welfare guidelines and other voluntary initiatives by developing a web-based portal through which such documents, having been validated, could be collected and disseminated; 59. Calls on the Member States to make better use of the provisions for cross-border knowledge-transfer concerning animal welfare, breeding systems and the control of diseases, in the context of the EU financed programmes for rural and regional development; 60. Considers that animal welfare requirements should be made mandatory in future rural development programmes; believes, furthermore, that the European added value of high animal welfare should be reflected in the co-financing rates; Framework law 61. Welcomes the inclusion of a European Animal Welfare Framework Law in the Strategy, as suggested by the Parliament, and calls on the Commission to present its proposal in conjunction with the revision of Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes(20) foreseen for 2013; believes that such a Framework Law should be clearly written, should be prepared after consultation of all the stakeholders, should focus on both inputs and outcomes and should result in better animal welfare; 62. Points out that such a Framework Law should be a tool for the simplification and streamlining of existing animal welfare legislation; notes that the main aim of the Framework Law should be to achieve better and more thorough levels of compliance with existing animal welfare law; 63. Recalls that producers are overburdened with administrative requirements and that, in the continued search for administrative simplification, this European framework legislation should not further increase this burden; 64. Recalls that the Parliament considers that such a Framework Law should be based on validated science and proven experience and cover all kept and abandoned animals, including stray animals of domesticated species; recalls that for the species of animals raised for food production, the Parliament has called for the Animal Welfare Quality project to be further developed as regards its simplification and practical application; 65. Believes that a Framework Law, closely associated with OIE definitions and recommendations, would strengthen the competitiveness of EU animal keepers owners and livestock producers in the international market, as it would also help to ensure fair competition in the internal market; 66. Considers that the European Animal Welfare Framework Law should establish a common base level for animal welfare throughout the European Union as an essential condition for free and fair competition in the internal market, both for domestic products and for those imported from third countries; considers, however, that the Member States and the regions should be able to permit individual producers or groups of producers to set up voluntary systems with more profound effects, while avoiding distortions of competition and while protecting EU competitiveness in international markets; 67. Recalls that the Parliament considers that such a Framework Law should not prevent producers from introducing voluntary systems which go beyond EU rules, and believes that those systems should also be science based and could be promoted by certified and cohesive labels; calls on the Commission to build on its communication COM(2009)0584 by producing a study, if appropriate accompanied by legislative proposals, on EU-wide labelling schemes for meat and dairy products, aimed at informing consumers about the farming methods used, and their impact on the welfare of animals, to achieve the maximum effective and consistent transparency and communication to consumers; 68. Considers that the European Animal Welfare Framework Law should include:
69. Instructs its President to forward this resolution to the Council and the Commission.
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| Establishment of an EU legal framework for the protection of pets and stray animals |
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The European Parliament, – having regard to the large number of petitions from EU citizens requesting the establishment of an EU legal framework for the protection of pets and stray animals (1613/2010, 1274/2011, 1321/2011, 1377/2011, 1412/2011 and others), – having regard to the European Convention for the Protection of Pet Animals (CETS No 125), – having regard to Rule 202(2) of its Rules of Procedure, A. whereas Article 13 of the TFEU stipulates that, since animals are sentient beings, the Union and the Member States must pay full regard to their welfare requirements; B. whereas there is no EU legislation for the protection of pets and stray animals, despite the fact that the EU’s pet population is estimated at over one hundred million; C. whereas the European Convention for the Protection of Pet Animals has not yet been signed by all Member States; D. whereas pets and stray animals are victims of mistreatment and cruelty in many Members States, and whereas the petitioners mainly refer to Member States in southern and eastern Europe; 1. Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions into national legal systems; 2. Calls on the Commission to put forward an EU legal framework for the protection of pets and stray animals, including:
3. Instructs its President to forward this resolution to the Council and the Commission. | ||||||||||||||||||||||||||||
| Conclusions of the European Council meeting (28-29 June 2012) |
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The European Parliament, – having regard to the informal European Council meeting of 23 May 2012, – having regard to the European Council meeting of 28-29 June 2012, – having regard to Rule 110(2) of its Rules of Procedure, 1. Welcomes the concrete steps taken by the European Council to face up to the eurozone crisis and its recognition of the need for a response that addresses both fiscal consolidation and growth; believes that the summit reflects the European Council’s approach to the challenges Europe faces, aimed at a more balanced, economically effective and socially fair anti-crisis agenda; 2. Underlines the significance of the eurozone’s agreement on important and substantial measures to break the vicious circle between banks and sovereign debt and to narrow the spreads among eurozone sovereign debt yields; welcomes, in this connection, the flexible and efficient use that could be made of the existing EFSF/ESM instruments for Member States meeting their Country Specific Recommendations and their other commitments, including the European Semester and the Stability and Growth Pact; 3. Considers that this agreement is an important step on the road to a fully-fledged banking union for the EU as a whole, but points to the critical fact that this possibility cannot be activated immediately since it is conditioned by agreement on a single supervisory mechanism; 4. Welcomes also the Compact for Growth and Jobs, in particular the agreement to mobilise EUR 120 billion to stimulate investment, growth and jobs and the call for differentiated growth-friendly fiscal consolidation, with due consideration for the role of investment; considers this to be an important step towards the necessary revitalisation of sustainable growth-oriented public and private investment in Europe, notably geared towards the attainment of the Europe 2020 objectives, and in particular towards resource efficiency and sustainability, as well as towards the completion of the Single Market; 5. Welcomes, furthermore, the commitment to make the EU budget a tool for growth; notes, in this connection, that no tangible progress was achieved at the June European Council meeting towards striking an agreement on the next MFF, i.e. for 2014-2020; urges the Cypriot Presidency to step up its efforts on this matter, with full involvement of Parliament in the MFF negotiations, including full respect for its codecision rights; insists, however, that own-resources reform is an essential element, without which no agreement on the multiannual financial framework will be possible; reiterates its conviction that an agreement on both the revenue and the expenditure sides of the MFF, which should correspond to the actual needs and ambitions of the Union for the next period, would need to be reached by the end of this year; 6. Welcomes the statement by the Heads of State or Government on reinforcing single market governance; strongly supports the Commission in its assessment of the state of the single market and calls for action as regards the full achievement of the single market; 7. Welcomes the draft proposals contained in the report entitled ‘Towards a Genuine Economic and Monetary Union’, as presented by Presidents Van Rompuy, Juncker, Barroso and Draghi, as a good starting point towards a sound and genuine EMU; believes, in particular, that the proposals regarding the establishment of an integrated financial framework and a European banking supervisor also represent important steps towards a more stable long-term future for European banking; looks forward also to the inclusion in the proposal of greater EU social responsibility and a strengthening of the transparency and accountability of the new European provisions in this area; 8. Believes that rapid action is required within each of the four building blocks identified in this report:
9. Welcomes the decision to call for further work on the development of a roadmap for genuine economic and monetary union; insists that the European Parliament must be fully involved as an equal partner in this task beyond its role as co-legislator; calls, furthermore, for the process of reform of European Union institutions and decision-making procedures to engage not only the European institutions and national parliaments, but also the social partners, civil society and other stakeholders in a broad public debate on deeper political, economic, social and fiscal integration of the European Union; stresses that close involvement of the European Parliament and national parliaments will be central, with due respect for the Community method; believes that Protocol 1 to the TFEU on the role of national parliaments in the EU offers an appropriate framework for interparliamentary cooperation; 10. Believes, nevertheless, that much legislative work still remains to be done in order to deliver a global, structural and comprehensive response to the crisis; calls, therefore, on the Commission to table a package of legislative proposals by September 2012, in line with the Community method, on the basis of these four building blocks; 11. Calls on the Council to agree to a coordinated programme of targeted investment at national level in order to stimulate the European economy; 12. Commits itself, once it has received the above-mentioned legislative package within the requested timeframe and has examined it, to ensure efficient and rapid decision making; 13. Notes, however, that it will draw its own conclusions should it not receive the above-mentioned legislative package within the requested timeframe; 14. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. | |||||||||||||||||||
| Access to basic banking services |
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The European Parliament, – having regard to Article 225 of the Treaty on the Functioning of the European Union, – having regard to the Commission Communication of 27 October 2010 entitled 'Commission Work Programme 2011' (COM(2010)0623), and in particular the reference to planned legislation on access to basic banking services, – having regard to the Commission Communication of 13 April 2011 entitled 'Single Market Act: Twelve levers to boost growth and strengthen confidence ‘Working together to create new growth’ (COM(2011)0206), – having regard to the Commission Communication entitled 'Europe 2020: A strategy for smart, sustainable and inclusive growth' (COM(2010)2020), – having regard to Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market(1), and in particular the establishment of Single Euro Payments Area, – having regard to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing(2), – having regard to the Commission consultations on financial inclusion: ensuring access to a basic bank account from 2009 and on access to a basic payment account from 2010, – having regard to Commission Recommendation 2011/442/EU of 18 July 2011 on access to a basic payment account(3) and the impact assessment accompanying it (SEC(2011)0906), – having regard to the Commission Staff working document entitled 'Single Market through the lens of people A snapshot of citizens’ and businesses’ views and concerns (SEC(2011)1003), and in particular concern 7, which relates to difficulties that citizens encounter when opening a bank account in Member States which are not their country of residence, – having regard to Rules 42 and 48 of its Rules of Procedure, – having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0197/2012), A. whereas the smooth functioning of the internal market and development of a modern, social market economy depends, inter alia, on the universal provision of affordable and easily accessible basic payment services and of a socially responsible banking sector; B. whereas access to basic payment services is one of the preconditions for consumers to benefit from the internal market, notably from freedom of movement, money transfer and the purchase of goods and services at reasonable transaction costs; whereas basic payment services are essential for consumers to reap the benefits of e-commerce; whereas the annual opportunity cost of not having access to a payment account is estimated at between EUR 185 to EUR 365 per consumer; whereas access to basic payment services is, in particular, increasingly becoming a prerequisite for social inclusion in terms of access to employment, healthcare and housing; C. whereas the Commission estimates that currently 7 % of the Union's adult population, i.e around 30 million people, do not have a bank account, and that an estimated 6,4 million of those people have been deprived of or have not dare to ask for a bank account; whereas financial exclusion varies from one Member State to another; whereas some Member States have a very low penetration rate of bank accounts with the lowest percentage being around 50 % of the adult population in Romania and Bulgaria; D. whereas every consumer has the right to choose not to have a payment account or a basic payment account; whereas, therefore, consumers should not be obliged to have a payment account or a basic payment account; whereas, in this context, financial education in pointing out the advantages of financial inclusion is important; E. whereas banks can deny a person the opportunity to open a bank account if the person concerned is not a resident of the Member State where the bank is registered; whereas difficulties encountered by non-residents in opening bank accounts obstruct the proper functioning of the internal market; F. whereas general economic and social development contribute to high bank account penetration; whereas among the Member States, 33 % of the variation in the percentage of the population using a current payment account can be explained by the level of economic development and, therefore, 67 % depends on other factors, such as regulation or self-regulation arrangements; G. whereas payment service providers, acting in accordance with market logic, tend to focus on commercially attractive consumers, and therefore in certain cases leave commercially less attractive consumers without the same choice of products; whereas industry codes as initiated in Germany, Ireland, Italy, Luxembourg, Slovenia and the United Kingdom have, inter alia, been a result of public pressure and demands for legislative initiative; whereas self-regulation instruments have had positive or mixed results and have, to date, not guaranteed access to basic payment services in all Member States; H. whereas legislative approaches to ensure access to basic banking services have had satisfactory results; for example, whereas close to 100 % of households in Denmark and Finland are covered by payment services and the number of unbanked citizens has dropped considerably in Belgium and France, as a result of the implementation of legislative initiatives; I. whereas not all Member States have taken adequate action required by Commission Recommendation 2011/442/EU of 18 July 2011 on access to a basic payment account(4) and too many Member States still have no legal or voluntary requirement for providers to offer basic payment services; J. whereas in order to be effective, a basic payment account needs to be straightforward to open and to provide a specified range of core services, and there need to be measures in place for effective supervision and settlement of conflicts and for facilitating access to such an account for consumers with no fixed address; whereas legislation on anti-money laundering and anti-terrorist financing should be applied in a proportional manner and should never be used as an unfounded pretext for rejecting commercially less attractive consumers; whereas the Commission should explore whether it should be necessary for consumers to have a link to the Member State in order to be eligible for a basic payment account; K. whereas payment service providers should provide access to a basic payment account free of charge or at a reasonable cost; L. whereas payment service providers should pay particular attention to financially vulnerable consumers when offering overdrafts and additional credit products in order to avoid over-indebtedness; whereas Member States should avoid any potential charges for basic payment services from becoming a barrier preventing financially excluded consumers from having access to basic payment services; M. whereas, partly as a result of the social and economic crisis, over-indebtedness has become the most significant new social risk across the Union and protection against garnishment, which should be managed and developed exclusively at Member State level, is an important aspect in this regard. N. whereas distortions of competition should be prevented and consumers’ needs in under-banked regions should be taken into account and hence the scope of the initiative should be as broad as possible; whereas new developments in the payment services market, such as prepaid solutions or mobile banking, should be taken into account when further developing and assessing initiatives in this field; O. whereas for any initiative for access to basic payment services, the availability of understandable information to consumers is a key element; whereas the Commission should therefore encourage Member States to develop well-targeted communication campaigns addressing the particular needs and concerns of unbanked, vulnerable and mobile consumers; whereas in order for basic payment account customers to be serviced in an appropriate manner, providers should ensure that relevant staff are adequately trained; whereas providers should also ensure that potential conflicts of interest do not affect those customers in a negative way; P. whereas students, workers and service providers must be able to move across borders and to take advantage of mobility easily within in the Union; Q. whereas opening a payment account in a Member State should not require the consumer to close an existing account in another Member State; R. whereas existing requirements from the payment service provider for opening a basic payment account are restrictive and could hinder cross-border mobility within the Union. 1. Requests that the Commission put forward a detailed assessment of the state of play in all Member States by September 2012; requests the Commission to submit, by January 2013, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a directive ensuring access to basic payment services to all consumers legally residing in the Union, unless that detailed assessment demonstrates that there is no need for such a proposal, following the detailed recommendations set out in the Annex hereto; 2. Confirms that the recommendations respect fundamental rights and the principles of subsidiarity and proportionality; 3. Considers that the requested proposal does not have any financial implications for the budget of the European Union; 4. Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the governments and parliaments of the Member States. ANNEX TO THE RESOLUTION: DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED The European Parliament considers that the directive to be adopted should aim to regulate the following Recommendation 1 (on scope) 1. The term ‘basic payment account’ should be defined as a payment account offered in line with the provisions of the proposed legislation. Payment accounts of a basic nature that do not fully comply with those provisions should not be considered to be covered by that term. 2. The directive should provide that Member States must ensure access to basic payment services by obliging, in principle, all payment service providers as defined in Article 4(9) of Directive 2007/64/EC that offer payment accounts to consumers as an integral part of their regular business to provide basic payment accounts. 3. Any legislative initiative should respect the principle of subsidiarity and should take into account existing legal or voluntary arrangements in Member States where the right to access and use a basic payment account is already successfully ensured; 4. Accordingly, in order to avoid undue burdens on payment service providers not offering payment accounts to consumers, the following should be exempt from the obligation to provide a basic payment account:
5. Member States should be permitted to exempt other payment service providers from the obligation to provide a basic payment account. Any exemptions should be based on objective and very restrictive criteria, and should cover only payment service providers such as those based on a non-profit business model or those not operating in general retail payment services. Any exemptions should not undermine the right of access for consumers and should be as few as possible so as to minimise the negative effects on competition. Recommendation 2 (on access and identification requirements) 6. The legislation to be adopted should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union, has the right to open and use a basic payment account with a payment service provider operating in a Member State provided that the consumer does not already hold a payment account in that Member State. Member States should ensure that there are workable mechanisms available to the consumer to close a regular payment account in order to convert or shift to a basic payment account. Proof of identity should be required when opening a basic payment account. 7. The legislation to be adopted should ensure that it is not unduly burdensome for consumers to demonstrate that they do not already hold a payment account. This could be achieved, inter alia, by requiring a declaration of honour on the part of the consumer. 8. Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or expected turnover of the account holder should not be taken into account for the opening a basic payment account. Access to a basic payment account should under no circumstances be made conditional on the purchase of other products or services, such as insurance or an additional account. 9. The proposal should provide that a basic payment account can be refused or annulled only in objectively justified circumstances under relevant Union or national law not relating to the criteria in paragraph 8 such as in the case of:
10. If needed, Member States should put in place non-discriminatory and flexible measures to assist consumers in meeting due diligence requirements, while complying with the legislation on money laundering and terrorist financing. Such measures should, in particular, take into account the needs of consumers with no fixed address. 11. To facilitate this, Member States should be allowed to classify basic payment accounts as low-risk products in accordance with Article 3(3) of Commission Directive 2006/70/EC implementing Directive 2005/60/EC. Accordingly, providers may be obliged to apply simplified customer due diligence requirements. The Commission should aim to further clarify interpretations of the legislation on anti-money laundering and anti-terrorist financing to ensure that, in the context of basic banking services, they are applied in a balanced and proportional way. Nobody should be denied access to or be disqualified from a basic payment account on those grounds unless there are well-founded and objective reasons for doing so. Such rules should never be used as an unfounded pretext for rejecting commercially less attractive consumers. 12. The legislation to be adopted should oblige payment service providers to act transparently in relation to a decision to deny or close a basic payment account, while complying with the legislation on money laundering and terrorist financing as well as on the prevention and investigation of crimes. In order to allow the consumer to question the payment service provider's decision, the payment service provider should inform the consumer in writing of the reason for the refusal to open or decision to close a basic payment account. The provider should also be obliged to inform the consumer about possibilities for alternative dispute resolution mechanisms. 13. The legislation to be adopted should require the provider to act rapidly when verifying whether the consumer has right to access a basic payment account, whereby the provider must inform the consumer in writing about grounds for any delay longer than two weeks. Grounds for which the provider is responsible, such as an excessive workload, should not be justification for such a delay. The provider may require consumers to be physically present in the nearest available branch to open the account. However, where it would be impossible or unduly burdensome for consumers to be physically present, alternative solutions should be found. Recommendation 3 (on functionalities and cost) 14. The legislation should enable the user of a basic payment account to make any essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services via both physical and remote channels using mainstream national systems. 15. Member States should be able, if they think fit, to allow payment service providers to provide small overdrafts as a buffer to cover temporary negative balances, where appropriate. Providers should, moreover, be free to offer credit products, as separate services, to basic payment account customers, where appropriate. The access to or use of the basic payment account should in no way be restricted by or made conditional on the purchase of such services or products. The fees charged for such overdrafts and for separate credit products should be transparent and at least as favourable as usual pricing policy of the provider. 16. Access to a basic payment account should be offered free of charge or at a reasonable cost. If fees are charged, they should be transparent. Every Member State should establish an upper limit for the total annual fees related to opening and using a basic payment account. The Commission should assess the feasibility of establishing a Union-wide upper limit for the total annual fees related to opening and using a basic payment account. The Commission should also explore ways to adapt that Union limit to national circumstances such as general consumer price levels, income levels and average charges associated with regular payment accounts. Payment service providers should be required to ensure that, among the products that they offer, the basic payment account is always – no matter how the comparison is made – the most affordable account for carrying out basic payment transactions. 17. Any penalty charges should be reasonable and at least as favourable as the provider’s usual pricing policy. Penalty charges should not be included when calculating total annual fees. 18. Providers should be obliged to include only functionalities that are part of their regular offer. Where this is the case, a basic payment account should include the following services: A. Basic account management services
B. Standard payment services
There should be no limitation to the number of operations effected under title A or title B. For the execution of the services under titles A and B, the consumer should be entitled to non-discriminatory access to the different channels offered by the provider, such as manual, over-the-counter transactions in branches, transactions via ATM, including other providers’ ATMs where technically possible, online banking and phone banking. C. Additional services Member States may require further functionalities to be included in the basic payment account. Payment service providers should also be permitted, at their own initiative, to enlarge the range of functionalities, such as a facility for savings or international money remittances to or from accounts outside the Union. Recommendation 4 (on information) 19. Member States should provide consumers with necessary and understandable information about the availability of basic payment accounts, targeting the particular needs and concerns of unbanked, vulnerable and mobile consumers. The Commission and Member States should contribute to a high level of awareness among consumers and stakeholders. Providers should use different available channels, for example their websites and, where applicable, branches where information should be visible to consumers. 20. Member States should encourage banks to develop arrangements for advising their most vulnerable customers in order to help them to act responsibly and manage their budgets. 21. In order for basic payment account customers to be serviced in an appropriate way, the legislation to be adopted should require providers to ensure that relevant staff are adequately trained and that potential conflicts of interest do not affect these customers in a negative way. 22. Information requirements deriving from the legislation to be adopted should be without prejudice to the requirements laid down by Directive 2007/64/EC concerning the provision of information to consumers. Recommendation 5 (on supervision, settlement of conflicts, statistics and compensation) 23. The legislation to be adopted should oblige Member States to designate competent authorities to ensure and monitor effective compliance with its requirements. Those designated competent authorities should be independent from payment service providers. 24. Member States should be obliged to specify principles for sanctions to be imposed on providers for non-compliance with the basic payment accounts framework, including for infringements on statistical requirements as described in paragraph 25. 25. Member States should be required to ensure that providers regularly provide the competent national authorities with reliable information on basic payment accounts opened and closed as well as on the applications for basic payment accounts that are refused and the grounds for such refusals. Providers should also make detailed information available to the competent national authorities on the costs related to basic payment accounts. 26. Each year, Member States should provide the aggregated information as described in paragraph 25 to the Commission and to the European Supervisory Authority (European Banking Authority). The data should be published in an aggregated and understandable form. 27. Member States should ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in the legislation to be adopted between payment service providers and consumers, using existing bodies where appropriate. Alternative dispute resolution (ADR) bodies need to be independent, easily accessible and its services should be free of charge. In order to ensure its impartiality, equal representation of providers, consumers and other users needs to be ensured. Member States should ensure that all basic payment account providers adhere to one or more such bodies implementing such complaint and redress procedures. 28. Member States should be required to ensure that ADR bodies actively cooperate in the resolution of cross-border disputes. Where disputes involve parties in different Member States, FIN NET should be used to resolve consumer complaints. Recommendation 6 (on implementation and review) 29. The legislation to be adopted should be implemented by Member States within 12 months following the date of its publication in the Official Journal of the European Union. 30. In close cooperation with Member States and stakeholders, the Commission should, within three years after the entry into force of the directive and every five years thereafter, publish a report on its application. That report should evaluate:
Where appropriate, the report should be accompanied by a proposal for amendments to the legislation and by recommendations for better implementation in the Member States. The report should be forwarded to the European Parliament and to the Council. 31. The Commission should complement the proposed directive on basic payment accounts by further initiatives aiming at further integration and harmonisation of retail banking services and prevention of financial exclusion. Such a package should, in particular:
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