Index 
Texts adopted
Wednesday, 13 March 2013 - Strasbourg
Multiannual financial framework
 System of national and regional accounts ***I
 Flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations and the European Transport Workers’ Federation on the Maritime Labour Convention ***I
 Guidelines for the 2014 budget - Section III
 Composition of the European Parliament with a view to the 2014 elections
 Definition, description, presentation, labelling and protection of geographical indications of spirit drinks
 Direct payments to farmers under support schemes within the framework of the CAP (Decision on the opening of interinstitutional negotiations)
 Single CMO Regulation (Decision on the opening of interinstitutional negotiations)
 Support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (Decision on the opening of interinstitutional negotiations)
 Financing, management and monitoring of the CAP (Decision on the opening of interinstitutional negotiations)

Multiannual financial framework
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European Parliament resolution of 13 March 2013 on the European Council conclusions of 7/8 February 2013 concerning the Multiannual Financial Framework (2012/2803(RSP))
P7_TA(2013)0078B7-0129/2013

The European Parliament,

–  having regard to Articles 310, 311, 312 and 323 of the Treaty on the Functioning of the European Union (TFEU),

–  having regard to the Communication from the Commission of 29 June 2011 on a Budget for Europe 2020 (COM(2011)0500),

–  having regard to the Commission proposal of 29 June 2011 for an Interinstitutional Agreement between the European Parliament, the Council and the Commission on cooperation in budgetary matters and sound financial management (COM(2011)0403),

–  having regard to the Commission proposal of 29 June 2011 and the amended Commission proposal of 6 July 2012 for a Council regulation laying down the multiannual financial framework for the years 2014-2020 (COM(2011)0398 and COM(2012)0388),

–  having regard to its resolution of 8 June 2011 entitled ‘Investing in the future: a new Multiannual Financial Framework (MFF) for a competitive, sustainable and inclusive Europe’(1),

–  having regard to its resolution of 13 June 2012 on the Multiannual Financial Framework and own resources(2),

–  having regard to its resolution of 23 October 2012 in the interests of achieving a positive outcome of the Multiannual Financial Framework 2014-2020 approval procedure(3),

–  having regard to the conclusions of the European Council adopted on 8 February 2013,

–  having regard to Rule 110(2) of its Rules of Procedure,

1.  Takes note of the European Council’s conclusions on the MFF, which represent no more than a political agreement between Heads of State and Government; rejects this agreement in its current form, as it does not reflect the priorities and concerns expressed by Parliament – notably in its resolution of 23 October 2012 – and disregards Parliament’s role and competences as set out in the Treaty of Lisbon; considers that this agreement, which will bind the Union for the next seven years, cannot be accepted without the fulfilment of certain essential conditions;

2.  Stresses its willingness to enter into fully fledged negotiations with the Council on all provisions of the MFF Regulation and the Interinstitutional Agreement, in order to ensure that the Union will be provided with a modern, forward-looking, flexible and transparent EU budget that can deliver growth and jobs and bridge the gap between the EU’s political commitments and budgetary means; underlines that it will only vote on the MFF Regulation and the Interinstitutional Agreement after the successful conclusion of substantial negotiations with the Council;

3.  Declares its determination to exercise fully its legislative prerogatives as set out in the Treaty of Lisbon; states once more that negotiations on elements falling under the ordinary legislative procedure cannot be pre-empted by the European Council’s conclusions on the MFF, which must be taken as no more than political recommendations to the Council;

4.  Reiterates the view that the MFF for 2014-2020 should ensure the successful implementation of the Europe 2020 strategy and endow the EU with the necessary means to recover from the crisis and come out stronger; stresses, therefore, the importance of substantially increasing its investments in innovation, research and development, infrastructure and youth, meeting the EU’s climate change and energy objectives, improving education levels and promoting social inclusion, while fulfilling its international commitments;

5.  Denounces the lack of transparency in the way the political agreement was reached by the European Council on both the expenditure and the revenue side of the MFF; insists that it must have all relevant information at the disposal of the Commission on the level of agreed national allocations under cohesion and agricultural policies, including the derogations and specific allocations to each Member State; also requests all relevant information on the impact per Member State of the decisions taken on the revenue side of the MFF;

6.  Strongly opposes the current accumulation and rollover of outstanding payment claims in the EU budget, and expresses its firm opposition to a financial framework that might lead the EU budget into a structural deficit, against the provisions of the Treaty (Articles 310 and 323 TFEU);

7.  Is therefore determined to prevent any further shifts of payments from 2013 to the next MFF; recalls the declaration annexed to the EU Budget 2013 calling for the Commission to present, at an early stage in the year 2013, a Draft Amending Budget devoted to the sole purpose of covering all unpaid payment claims for 2012; emphasises that it will not start negotiations on the MFF until the Commission comes forward with an Amending Budget corresponding to this political commitment, and will not conclude these negotiations before the final adoption by Council and Parliament of this Amending Budget; also demands a political engagement from the Council that all legal obligations due in 2013 will be paid out by the end of this year;

8.  Gives a strong mandate to its negotiating team to conduct negotiations on an overall package that includes, in addition to the MFF, a compulsory and comprehensive revision, a maximum overall flexibility and an agreement on own resources, and that ensures the unity of the EU budget; confirms that the negotiations will be based on all the elements set out in its resolution of 23 October 2012, including the responsibility of the Member States – to be assumed at the appropriate political level – for the management of EU funds;

9.  Firmly believes that, in order to ensure full democratic legitimacy, the next European Parliament and Commission – that will come into office following the 2014 European elections – should be in a position to reconfirm the Union’s budgetary priorities and carry out a revision of the MFF 2014-2020; underlines, therefore, its position in favour of a compulsory and comprehensive revision of the MFF, or possibly a sunset clause; considers that the revision should be legally binding, enshrined in the MFF Regulation and decided by qualified majority in the Council, making full use of the passerelle clause of Article 312(2) of the TFEU;

10.  Requests that the agreed MFF ceilings for commitment and payment appropriations be used to the fullest extent when establishing the annual EU budgets; considers, therefore, that the maximum overall flexibility between and within headings, as well as between financial years, needs to be ensured in the next MFF and decided by qualified majority in the Council; believes, in particular, that such flexibility should include the possibility of fully utilising the available margins of each heading in one financial year (for commitment appropriations), as well as an automatic carry-over of available margins to other financial years (for both commitment and payment appropriations); refers, in addition, to its detailed position on flexibility set out in its resolution of 23 October 2012 regarding the contingency margin, the recycling of the surplus of the EU budget, legislative flexibility and the individual flexibility mechanisms above the MFF ceilings;

11.  Stresses the importance of reaching an agreement on an in-depth reform of the own-resources system; emphasises that the EU budget should be financed by genuine own resources, as provided for in the Treaty; states, therefore, its commitment to a reform that reduces the share of GNI-based contributions to the EU budget to a maximum of 40 % and phases out all existing rebates and correction mechanisms;

12.  Reiterates its support for the Commission’s legislative proposals on the own-resources package, including a binding roadmap; considers, furthermore, that in the event that the Council waters down these proposals so that they do not result in a significant decrease in the Member States’ GNI-based contributions to the EU budget, the Commission should come forward with additional proposals on the introduction of new genuine own resources; insists that revenues from the Financial Transaction Tax should be allocated at least partly to the EU budget as a genuine own resource;

13.  Insists that the principle of the unity of the EU budget be recalled and clearly defined in the Interinstitutional Agreement; believes that all expenditure and revenue resulting from decisions taken by, or in the name of, the EU institutions, including borrowing, lending and loan guarantee operations, must be summarised in a document annexed every year to the Draft Budget, providing an overall view of the financial and budgetary consequences of Union activities; expects that this will ensure full information for citizens and adequate parliamentary control;

14.  Stresses that, in parallel with the MFF negotiations, Parliament and the Council should accelerate their negotiations on the specific legal bases of the EU programmes and policies for the period 2014-2020; underlines the fact that the negotiations on the MFF / IIA and the EU multiannual programmes constitute a single package, and reaffirms the principle that ‘nothing is agreed until everything is agreed’;

15.  Recalls that if no MFF has been adopted by the end of 2013, the ceilings and other provisions corresponding to 2013 will be extended until such time as a new MFF is adopted; signals that, in this case, it would be ready to reach a swift agreement with the Council and Commission to adapt the internal structure of the MFF to reflect the Union’s political priorities, and to ensure that the appropriate legal bases are in place for all EU policies and programmes by 2014;

16.  Believes, given the crucial importance of any vote on the MFF, and in order to enable MEPs to be held accountable by their electors in the European Parliament elections in 2014, that any vote on the MFF should be held in an open and transparent manner;

17.  Instructs its President to forward this resolution to the European Council, the Council, the Commission, the governments and parliaments of the Member States, and the other institutions and bodies concerned.

(1) OJ C 380 E, 11.12.2012, p. 89.
(2) Texts adopted, P7_TA(2012)0245.
(3) Texts adopted, P7_TA(2012)0360.


System of national and regional accounts ***I
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Resolution
Text
European Parliament legislative resolution of 13 March 2013 on the proposal for a regulation of the European Parliament and of the Council on the European system of national and regional accounts in the European Union (COM(2010)0774 – C7-0010/2011 – 2010/0374(COD))
P7_TA(2013)0079A7-0076/2012

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2010)0774),

–  having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0010/2011),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Central Bank of 19 May 2011(1),

–  having regard to the undertaking given by the Council representative by letter of 19 December 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 Rule 55 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 Regional Development (A7-0076/2012),

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 13 March 2013 with a view to the adoption of Regulation (EU) No .../2013 of the European Parliament and of the Council on the European system of national and regional accounts in the European Union

P7_TC1-COD(2010)0374


(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 549/2013.)

(1) OJ C 203, 9.7.2011, p. 3.


Flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations and the European Transport Workers’ Federation on the Maritime Labour Convention ***I
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Amendments adopted by the European Parliament on 13 March 2013 on the proposal for a directive of the European Parliament and of the Council concerning flag State responsibilities for the enforcement of Council Directive 2009/13/EC implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (COM(2012)0134 – C7-0083/2012 – 2012/0065(COD))(1)
P7_TA(2013)0080A7-0037/2013

(Ordinary legislative procedure: first reading)

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a directive
Recital 10
(10)  Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures,
(10)  Although Directive 2009/21/EC governs the flag State responsibilities by incorporating the IMO's flag State audit scheme into Union law and by introducing the certification of quality of national maritime authorities; a separate directive covering the maritime labour standards is deemed more appropriate and clearer to reflect the different purposes and procedures. Therefore, Directive 2009/21/EC, the provisions of which apply only to IMO Conventions, should not be affected by the present Directive. In any case, Member States should continue to be able to develop, implement and maintain a quality management system for the operational parts of the flag State-related activities of its maritime administration falling within the scope of this Directive.
Amendment 2
Proposal for a directive
Recital 11
(11)  Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should therefore monitor compliance with all the provisions of that Directive by ships flying their flag.
(11)  Directive 2009/13/EC applies to seafarers on board ships flying the flag of a Member State. Member States should ensure the effective discharge of their obligations as flag States with respect to the implementation of the relevant parts of MLC 2006 which correspond to the elements as set out in the Annex to that Directive concerning ships flying their flag. In establishing an effective system for monitoring mechanisms, including inspections, a Member State could grant authorisation to public institutions or other organisations within the meaning of MLC 2006.
Amendment 3
Proposal for a directive
Recital 13 a (new)
(13a)  Under no circumstances should the application and/or interpretation of this Directive lead to a reduction in the level of protection currently enjoyed by workers under Union legislation.
Amendment 4
Proposal for a directive
Article 1
This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC. This Directive is without prejudice to Directive 2009/21/EC of the European Parliament and of the Council.

This Directive lays down rules to ensure that Member States effectively discharge their obligations as flag States to monitor compliance of ships flying their flag with Directive 2009/13/EC and the Social Partners Agreement annexed thereto. This Directive is without prejudice to Directive 2009/21/EC1.

1 OJ L131, 28.5.2009, p. 132.
Amendment 5
Proposal for a directive
Article 2 – point b a (new)
Definitions

Definitions

(ba) ‘Directive 2009/13/EC’ means that Directive and the Social Partners Agreement annexed thereto;
Amendment 6
Proposal for a directive
Article 2 – point b b (new)
(bb) ‘maritime labour certificate’, ‘interim maritime labour certificate’ and ‘declaration of maritime labour compliance’ mean respectively the documents referred to in Standard A5.1.3, paragraph 9 of the Maritime Labour Convention, 2006 drawn up in the form corresponding to the models given in Appendix A5-II of that Convention;
Amendment 7
Proposal for a directive
Article 3 – title
Compliance monitoring

Compliance monitoring and certification

Amendment 8
Proposal for a directive
Article 3 – paragraph -1 (new)
-1.  Each Member State shall ensure the enforcement of the obligations set out in Directive 2009/13/EC on ships that fly its flag.
Amendment 9
Proposal for a directive
Article 3 – paragraph 1 a (new)
1a.  In establishing an effective system for the inspection and certification of maritime labour conditions, Member States may, where appropriate, authorise public institutions or other organisations (including those of another Member State, if the latter agrees) which they recognise to be competent and independent to carry out inspections or to issue certificates or to do both. In all cases, Member States shall remain fully responsible for the inspection and certification of the working and living conditions of the seafarers concerned on ships that fly its flag.
Amendment 10
Proposal for a directive
Article 3 – paragraph 1 b (new)
1b.  Each Member State shall establish an effective system for the inspection and certification of maritime labour conditions, in accordance with Regulations 5.1.3 and 5.1.4 and Standards A5.1.3 and A5.14 of the Maritime Labour Convention, ensuring that the working and living conditions for seafarers on ships flying its flag meet, and continue to meet, the standards in that Convention.
Amendment 11
Proposal for a directive
Article 3 – paragraph 1 c (new)
1c.  A maritime labour certificate, complemented by a declaration of maritime labour compliance, shall constitute prima facie evidence that the ship has been duly inspected by the Member State whose flag it flies and that the requirements of Directive 2009/13/EC relating to working and living conditions of the seafarers have been met to the extent certified.
Amendment 12
Proposal for a directive
Article 3 – paragraph 1 d (new)
1d.  Information about the system referred to in paragraph 1b of this Article, including the method used for assessing its effectiveness, shall be included in the Member States reports to the International Labour Office pursuant to Article 22 of the Constitution of that Office.
Amendment 13
Proposal for a directive
Article 3 – paragraph 1 e (new)
1e.  Each Member State shall establish clear objectives and standards covering the administration of its inspection and certification systems, as well as adequate overall procedures for its assessment of the extent to which those objectives and standards are being attained.
Amendment 14
Proposal for a directive
Article 3 – paragraph 1 f (new)
1f.  Each Member State shall require all ships that fly its flag to have a copy of Directive 2009/13/EC and the Social Partners Agreement annexed thereto available on board.
Amendment 15
Proposal for a directive
Article 3 – paragraph 1 g (new)
1g.  The interval between inspections shall not exceed three years.
Amendment 16
Proposal for a directive
Article 4 – title
Staff in charge of compliance monitoring

Recognised organisations and their staff in charge of compliance monitoring

Amendment 17
Proposal for a directive
Article 4 – paragraph 1
Member States shall ensure that staff in charge of verifying the proper implementation of Directive 2009/13/EC has the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive.

1.  A Member State shall ensure that the institutions or other organisations (‘recognized organisations’) referred to in Article 3(1a) and those members of their staff in charge of verifying the proper implementation of Directive 2009/13/EC have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out that verification and ensure compliance with that Directive. The inspection or certification functions which the recognised organisations may be authorised to carry out shall come within the scope of the activities that are expressly referred to in paragraphs 1b to 1d as carried out by the Member State or a recognised organisation.
Amendment 18
Proposal for a directive
Article 4 – paragraph 1 a (new)
1a.  The European Maritime Safety Agency (EMSA) may assist Member States in the supervision of recognised organisations performing certification tasks on their behalf in accordance with Article 9 of Directive 2009/15/EC, without prejudice to the rights and obligations of flag States.
Amendment 19
Proposal for a directive
Article 4 – paragraph 1 b (new)
1b.  Any authorisations granted with respect to inspections shall, as a minimum, empower the recognised organisation to require the deficiencies that it identifies in seafarers’ working and living conditions to be rectified and to carry out inspections in this regard at the request of a port State.
Amendment 20
Proposal for a directive
Article 4 – paragraph 1 c (new)
1c.  Each Member State shall establish:
(a) a system to ensure the adequacy of work performed by recognised organisations. That system shall include information on all applicable national laws and regulations and relevant international instruments; and
(b) procedures for communication with and oversight of such organizations.
Amendment 21
Proposal for a directive
Article 4 – paragraph 1 d (new)
1d.  Each Member State shall provide the International Labour Office with a current list of any recognised organisations that are authorised to act on its behalf and shall keep this list up to date. The list shall specify the functions that the recognised organisations have been authorised to carry out.
Amendment 22
Proposal for a directive
Article 4 a (new)
Article 4a

Maritime Labour Certificate

4a.  Each Member State shall require ships that fly its flag to carry and maintain a maritime labour certificate certifying that the working and living conditions of seafarers on the ship, including the measures for ongoing compliance to be included in the declaration of maritime labour compliance, have been inspected and meet the requirements of national laws or regulations or other measures implementing Directive 2009/13/EC and the Social Partners Agreement annexed thereto.
Amendment 23
Proposal for a directive
Article 4 b – paragraph 1 (new)
Article 4b

Inspection and enforcement

1.  Each Member State shall verify, through an effective and coordinated system of regular inspections, monitoring and other control measures, that ships that fly its flag comply with the requirements of Directive 2009/13/EC as implemented in national laws and regulations.
Amendment 24
Proposal for a directive
Article 4 b – paragraph 2 (new)
2.  Detailed requirements regarding the inspection and enforcement system referred to in paragraph 1 are set out in paragraphs 3 to 18 below.
Amendment 25
Proposal for a directive
Article 4 b – paragraph 3 (new)
3.  Each Member State shall maintain a system of inspection of the conditions for seafarers on ships that fly its flag which shall include verification that the measures relating to working and living conditions, as set out in the declaration of maritime labour compliance, where applicable, are being followed, and that the requirements of Directive 2009/13/EC are met.
Amendment 26
Proposal for a directive
Article 4 b – paragraph 4 (new)
4.  A Member State shall appoint a sufficient number of qualified inspectors to fulfil its responsibilities under paragraph 3. Where recognised organisations have been authorised to carry out inspections, a Member State shall require that personnel carrying out the inspection are qualified to undertake these duties and shall provide them with the necessary legal authority to perform their duties.
Amendment 27
Proposal for a directive
Article 4 b – paragraph 5 (new)
5.  Adequate provision shall be made to ensure that the inspectors have the training, competence, terms of reference, powers, status and independence necessary or desirable so as to enable them to carry out the verification and ensure the compliance referred to in paragraph 3.
Amendment 28
Proposal for a directive
Article 4 b – paragraph 6 (new)
6.  If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in the implementation of the measures set out in the declaration of maritime labour compliance, the Member State shall take the steps necessary to investigate the matter and to ensure that action is taken to remedy any deficiencies found.
Amendment 29
Proposal for a directive
Article 4 b – paragraph 7 (new)
7.  Adequate rules shall be provided and effectively enforced by each Member State in order to guarantee that inspectors have the status and conditions of service which ensure that they are independent of changes of government and of improper external influences.
Amendment 30
Proposal for a directive
Article 4 b – paragraph 8 (new)
8.  Inspectors, issued with clear guidelines as to the tasks to be performed and provided with proper credentials, shall be empowered:
(a) to board a ship that flies the flag of a Member State;
(b) to carry out any examination, test or inquiry which they may consider necessary in order to satisfy themselves that the standards are being strictly observed; and
(c) to require that any deficiency is remedied and, where they have grounds to believe that deficiencies constitute a serious breach of the requirements of Directive 2009/13/EC (including seafarers’ rights), or represent a significant danger to seafarers’ safety, health or security, to prohibit a ship from leaving port until necessary actions are taken.
Amendment 31
Proposal for a directive
Article 4 b – paragraph 9 (new)
9.  Any action taken pursuant to paragraph 8(c) shall be subject to any right of appeal that may exist to a judicial or administrative authority.
Amendment 32
Proposal for a directive
Article 4 b – paragraph 10 (new)
10.  Inspectors shall have the discretion to give advice instead of instituting or recommending proceedings when there is no clear breach of the requirements of Directive 2009/13/EC that endangers the safety, health or security of the seafarers concerned and where there is no prior history of similar breaches.
Amendment 33
Proposal for a directive
Article 4 b – paragraph 11 (new)
11.  Inspectors shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and shall give no intimation to the shipowner, the shipowner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.
Amendment 34
Proposal for a directive
Article 4 b – paragraph 12 (new)
12.  Inspectors shall not be entrusted with duties which might, because of their number or nature, interfere with effective inspection or prejudice in any way their authority or impartiality in their relations with shipowners, seafarers or other interested parties.
In particular, inspectors shall:

(a) be prohibited from having any direct or indirect interest in any operation which they are called upon to inspect; and
(b) without prejudice to appropriate sanctions or disciplinary measures, not reveal, even after leaving service, any commercial secrets or confidential working processes or information of a personal nature which may come to their knowledge in the course of their duties.
Amendment 35
Proposal for a directive
Article 4 b – paragraph 13 (new)
13.  Inspectors shall submit a report of each inspection to the competent authority of the Member State. One copy of the report in English or in the working language of the ship shall be furnished to the master of the ship and another copy shall be posted on the ship’s notice board for the information of the seafarers and, upon request, sent to their representatives.
Amendment 36
Proposal for a directive
Article 4 b – paragraph 14 (new)
14.  The competent authority of each Member State shall maintain records of inspections of the conditions for seafarers on ships that fly its flag. It shall publish an annual report on inspection activities within a reasonable time, not exceeding six months, after the end of the year.
Amendment 37
Proposal for a directive
Article 4 b – paragraph 15 (new)
15.  In the case of an investigation following a major incident, the report shall be submitted to the competent authority of the Member State concerned as soon as practicable, but not later than one month following the conclusion of the investigation.
Amendment 38
Proposal for a directive
Article 4 b – paragraph 16 (new)
16.  When an inspection is conducted or when measures are taken under this Article, all reasonable efforts shall be made to avoid a ship being unreasonably detained or delayed.
Amendment 39
Proposal for a directive
Article 4 b – paragraph 17 (new)
17.  Compensation shall be payable in accordance with national laws and regulations for any loss or damage suffered as a result of the wrongful exercise of the inspectors’ powers. The burden of proof in each case shall be on the complainant.
Amendment 40
Proposal for a directive
Article 4 b – paragraph 18 (new)
18.  Adequate penalties and other corrective measures for breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights) and for obstructing inspectors in the performance of their duties shall be provided for and effectively enforced by each Member State.
Amendment 41
Proposal for a directive
Article 5 – paragraph 1
1.  If a Member State receives a complaint which it does not consider manifestly unfounded or obtains evidence that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.
1.  If a Member State receives a complaint which it does not consider to be manifestly unfounded under international labour law, such as the Maritime Labour Convention, or under Directive 2009/13/EC, it shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.
If a Member State obtains evidence, by means of an inspection, that a ship that flies its flag does not conform to the requirements of Directive 2009/13/EC or that there are serious deficiencies in its implementing measures, that Member State shall take the steps necessary to investigate the matter and ensure that action is taken to remedy any deficiencies found.

Amendment 42
Proposal for a directive
Article 5 – paragraph 2
2.  Personnel in charge of dealing with complaints shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers' working and living conditions or a violation of laws and regulations and give no intimation to the shipowner, the shipowner's representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.
2.  Personnel shall treat as confidential the source of any grievance or complaint alleging a danger or deficiency in relation to seafarers’ working and living conditions or a violation of laws and regulations and give no intimation to the ship owner, the ship owner’s representative or the operator of the ship that an inspection was made as a consequence of such a grievance or complaint.
Amendment 43
Proposal for a directive
Article 5 a – paragraph 1 (new)
Article 5a

On-board complaint procedures

1.  Member States shall require that ships that fly its flag have on-board procedures for the fair, effective and expeditious handling of seafarer complaints alleging breaches of the requirements of Directive 2009/13/EC (including seafarers’ rights).
Amendment 44
Proposal for a directive
Article 5 a – paragraph 2 (new)
2.  Member States shall prohibit and penalise any kind of victimisation of a seafarer for filing a complaint.
Amendment 45
Proposal for a directive
Article 5 a – paragraph 3 (new)
3.  The provisions of this Article are without prejudice to a seafarer’s right to seek redress through whatever legal means the seafarer considers appropriate.
Amendment 46
Proposal for a directive
Article 5 a – paragraph 4 (new)
4.  Without prejudice to any wider scope that may be given in national laws or regulations or collective agreements, the on-board procedures may be used by seafarers to lodge complaints relating to any matter that is alleged to constitute a breach of the requirements of Directive 2009/13/EC (including seafarers’ rights).
Amendment 47
Proposal for a directive
Article 5 a – paragraph 5 (new)
5.  Each Member State shall ensure that, in its laws or regulations, appropriate on-board complaint procedures are in place to meet the requirements set out in paragraphs 1 to 3. Such procedures shall seek to resolve complaints at the lowest level possible. However, in all cases, seafarers shall have a right to complain directly to the master and, where they consider it necessary, to appropriate external authorities.
Amendment 48
Proposal for a directive
Article 5 a – paragraph 6 (new)
6.  The on-board complaint procedures shall include the right of the seafarer to be accompanied or represented during the complaints procedure, as well as safeguards against the possibility of victimisation of seafarers for filing complaints. The term ‘victimisation’ covers any adverse action taken by any person with respect to a seafarer for lodging a complaint which is not manifestly vexatious or maliciously made.
Amendment 49
Proposal for a directive
Article 5 a – paragraph 7 (new)
7.  In addition to a copy of their seafarers’ employment agreement, all seafarers shall be provided with a copy of the on-board complaint procedures applicable on the ship. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers’ country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship.
Amendment 50
Proposal for a directive
Article 5 b – paragraph 1 (new)
Article 5b

Labour supplying responsibilities

1.  Without prejudice to the principle of each Member State’s responsibility for the working and living conditions of seafarers on ships that fly its flag, the Member State also has a responsibility to ensure the implementation of the requirements of this Article regarding the recruitment and placement of seafarers as well as the social security protection of seafarers that are its nationals or are resident or are otherwise domiciled in its territory, to the extent that such responsibility is provided for in this Article.
Amendment 51
Proposal for a directive
Article 5 b – paragraph 2 (new)
2.  Each Member State shall enforce the requirements of this Article applicable to the operation and practice of seafarer recruitment and placement services established on its territory through a system of inspection and monitoring and legal proceedings for breaches of licensing and other operational requirements provided for in paragraphs 4 and 6.
Amendment 56
Proposal for a directive
Article 5 b – paragraph 3 (new)
3.  Detailed requirements for the implementation of paragraph 1 are set out in paragraphs 7 to 18 below.
Amendment 52
Proposal for a directive
Article 5 b – paragraph 4 (new)
4.  Each Member State that operates a public seafarer recruitment and placement service shall ensure that the service is operated in an orderly manner that protects and promotes seafarers’ employment rights as provided in Directive 2009/13/EC.
Amendment 57
Proposal for a directive
Article 5 b – paragraph 5 (new)
5.  Each Member State shall establish an effective inspection and monitoring system for enforcing its responsibilities under this Article to supply labour.
Amendment 53
Proposal for a directive
Article 5 b – paragraph 6 (new)
6.  The competent authority of the Member State concerned shall closely supervise and control all seafarer recruitment and placement services operating in the territory of the Member State concerned. Any licences or certificates or similar authorisations for the operation of private services in the territory are granted or renewed only after verification that the seafarer recruitment and placement service concerned meets the requirements of national laws and regulations.
Amendment 58
Proposal for a directive
Article 5 b – paragraph 7 (new)
7.  Information about the system referred to in paragraph 4, including the method used for assessing its effectiveness, shall be included in the Member State’s reports to the International Labour Office pursuant to Article 22 of the Constitution of that Office.
Amendment 59
Proposal for a directive
Article 5 b – paragraph 8 (new)
8.  All seafarers shall have access to an efficient, adequate and accountable system for finding employment on board ship without charge to the seafarer.
Amendment 60
Proposal for a directive
Article 5 b – paragraph 9 (new)
9.  Seafarer recruitment and placement services operating in a Member State’s territory shall conform to the standards set out in paragraphs 7 to 18.
Amendment 61
Proposal for a directive
Article 5 b – paragraph 10 (new)
10.  Each Member State shall require, in respect of seafarers who work on ships that fly its flag, that shipowners who use seafarer recruitment and placement services that are based in countries or territories in which the Maritime Labour Convention 2006 does not apply, ensure that those services conform to the requirements set out in paragraphs 7 to 18.
Amendment 62
Proposal for a directive
Article 5 b – paragraph 11 (new)
11.  Where a Member State has private seafarer recruitment and placement services operating in its territory the primary purpose of which is the recruitment and placement of seafarers or which recruit and place a significant number of seafarers, they shall be operated only in conformity with a standardised system of licensing or certification or other form of regulation. This system shall be established, modified or changed only after consultation with the shipowners’ and seafarers’ organisations concerned. In the event of doubt as to whether this Article applies to a private recruitment and placement service, the question shall be determined by the competent authority in each Member State after consultation with the shipowners’ and seafarers’ organisations concerned. Undue proliferation of private seafarer recruitment and placement services shall not be encouraged.
Amendment 63
Proposal for a directive
Article 5 b – paragraph 12 (new)
12.  The provisions of paragraph 11 shall also apply – to the extent that they are considered to be appropriate by the competent authority of the Member State, in consultation with the shipowners’ and seafarers’ organisations concerned – in the context of recruitment and placement services operated by a seafarers’ organisation in the territory of the Member State for the supply of seafarers who are nationals of that Member State to ships which fly its flag. The services covered by this paragraph are those fulfilling the following conditions:
(a) the recruitment and placement service is operated pursuant to a collective bargaining agreement between that organisation and a shipowner;
(b) both the seafarers’ organisation and the shipowner are based in the territory of the Member State;
(c) the Member State has national laws or regulations or a procedure to authorise or register the collective bargaining agreement permitting the operation of the recruitment and placement service; and
(d) the recruitment and placement service is operated in an orderly manner and measures are in place to protect and promote seafarers’ employment rights comparable to those provided in paragraph 14.
Amendment 64
Proposal for a directive
Article 5 b – paragraph 13 (new)
13.  Nothing in paragraphs 1 to 18 shall be deemed to:
(a) prevent a Member State from maintaining a free public seafarer recruitment and placement service for seafarers in the framework of a policy to meet the needs of seafarers and shipowners, whether the service forms part of or is coordinated with a public employment service for all workers and employers; or
(b) impose on a Member State the obligation to establish a system for the operation of private seafarer recruitment or placement services in its territory.
Amendment 65
Proposal for a directive
Article 5 b – paragraph 14 (new)
14.  A Member State adopting a system referred to in paragraph 11 of this Article shall, in its laws and regulations or other measures, at a minimum
(a) prohibit seafarer recruitment and placement services from using means, mechanisms or lists intended to prevent or deter seafarers from gaining employment for which they are qualified;
(b) require that no fees or other charges for seafarer recruitment or placement or for providing employment to seafarers are borne directly or indirectly, in whole or in part, by the seafarer, other than the cost of the seafarer obtaining a national statutory medical certificate, the national seafarer’s book and a passport or other similar personal travel documents, not including, however, the cost of visas, which shall be borne by the shipowner; and
(c) ensure that seafarer recruitment and placement services operating in its territory:
(i) maintain an up-to-date register of all seafarers recruited or placed through them, to be available for inspection by the competent authority of the Member State;
(ii) make sure that seafarers are informed of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for seafarers to examine their employment agreements before and after they are signed and for them to receive a copy of the agreements;
(iii) verify that seafarers recruited or placed by them are qualified and hold the documents necessary for the job concerned, and that the seafarers’ employment agreements are in accordance with applicable laws and regulations and any collective bargaining agreement that forms part of the employment agreement;
(iv) make sure, as far as practicable, that the shipowner has the means to protect seafarers from being stranded in a foreign port;
(v) examine and respond to any complaint concerning their activities and advise the competent authority of the Member State of any unresolved complaint;
(vi) establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment and placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them.
Amendment 66
Proposal for a directive
Article 5 b – paragraph 15 (new)
15.  The competent authority of the Member State concerned shall ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of seafarer recruitment and placement services, involving, as appropriate, representatives of shipowners and seafarers.
Amendment 67
Proposal for a directive
Article 5 b – paragraph 16 (new)
16.  Where a Member State has ratified the Maritime Labour Convention 2006 and a period of 12 months has passed, beginning on the day after registration of its ratification with the Director-General of the International Labour Office, it shall, in so far as practicable, advise its nationals on the possible problems of signing on a ship that flies the flag of a State which has not ratified the Maritime Labour Convention 2006 until it is satisfied that standards equivalent to those fixed by this Article are being applied. Measures taken to this effect by the Member State shall not be in contradiction with the principle of free movement of workers stipulated by the treaties to which the Member State and the other country concerned may be parties.
Amendment 68
Proposal for a directive
Article 5 b – paragraph 17 (new)
17.  Each Member State to which paragraph 16 applies shall require that shipowners of ships that fly its flag who use seafarer recruitment and placement services based in countries or territories in which the Maritime Labour Convention 2006, does not apply, ensure, as far as practicable, that those services meet the requirements of paragraphs 7 to 18.
Amendment 69
Proposal for a directive
Article 5 b – paragraph 18 (new)
18.  Nothing in paragraphs 7 to 18 shall be understood as diminishing the obligations and responsibilities of shipowners or of a Member State with respect to ships that fly its flag.
Amendment 54
Proposal for a directive
Article 5 c (new)
Article 5c

Rendez-vous clause

From the date of the entry into force of the Agreement, the Commission shall ensure that it is incorporated into Union law and is applied by the Member States. The Commission shall take the necessary measures to that end.

Amendment 55
Proposal for a directive
Article 5 d (new)
Article 5d

Reports

Every five years, the Commission shall submit a report to the European Parliament and the Council on the application of this Directive.

The report shall assess the performance of Member States as flag States and propose any additional measures necessary in order to transpose, and ensure compliance with, the Convention.

(1) The matter was then referred back to committee pursuant to Rule 57(2), second subparagraph (A7-0037/2013).


Guidelines for the 2014 budget - Section III
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European Parliament resolution of 13 March 2013 on the general guidelines for the preparation of the 2014 budget, Section III – Commission (2013/2010(BUD))
P7_TA(2013)0081A7-0043/2013

The European Parliament,

–  having regard to Articles 312, 313 and 314 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community,

–  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 (IIA)(1),

–  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002(2),

–  having regard to its resolution of 12 December 2012 on the new draft general budget of the European Union for the financial year 2013(3),

–  having regard to the European Union’s general budget for the 2013 financial year(4) and to the three related joint statements agreed between the Parliament, the Council and the Commission,

–  having regard to Title II, Chapter 7 of its Rules of Procedure,

–  having regard to the Council conclusions of 29 June 2012 and 19 October 2012 on the Compact for Growth and Jobs,

–  having regard to the report of the Committee on Budgets (A7-0043/2013),

A.  whereas the Treaty of Lisbon confers significant new prerogatives on the European Union in fields such as external action, sport, space, climate change, energy, tourism and civil protection;

B.  whereas pursuant to Article 312 of the Treaty of Lisbon, the multiannual financial framework is enshrined in the Treaty and shall be agreed in the form of a Council regulation, adopted by the Council by unanimity after obtaining the consent of the European Parliament by a majority of its component members;

C.  whereas the current multiannual financial framework ends at the end of 2013 and whereas 2014 should be the first year of implementation of the next multiannual financial framework;

D.  whereas 2013 will be the first year of implementation of the new Regulation on the financial rules applicable to the general budget of the Union;

General context

1.  Takes note of the European Council conclusions of 8 February 2013 on the next multiannual financial framework (MFF); insists that if the European Parliament has not yet given its consent to the new MFF Regulation, the European Commission should first draw up the Draft Budget for 2014 on the basis of its own proposals on the MFF 2014-2020, and then if no agreement is reached on a new MFF it should adjust its proposal according to Article 312(4) of the Treaty and Article 30 of the current Interinstitutional Agreement on budgetary discipline and sound financial management;

2.  Recalls that in the event of no agreement on the next MFF Regulation by the end of this year, Article 312(2), according to which the MFF regulation is adopted by the Council only after the European Parliament has given its consent, Article 312(4) which foresees the application of the ceilings of the last year of the current MFF in case no agreement on the next MFF is reached in due time and Article 30 of the current inter-institutional agreement on budgetary discipline and sound financial management will apply, which means a prolongation of the 2013 ceilings, adjusted with a 2 % fixed deflator a year, until adoption of a new MFF regulation; reiterates, in this eventuality, its readiness to reach a swift agreement with the Council and the Commission on ensuring that legal bases are in force for the implementation of EU programmes and policies in 2014;

3.  Acknowledges the difficulty in defining general guidelines on the 2014 budget while there is much uncertainty as to the level of the 2014 commitment ceiling; underlines that this could range from EUR 142,540 billion in 2014 prices – if the MFF 2014-2020 were to be agreed on the basis of the European Council’s conclusions dated 7-8 February 2013 – to EUR 155,5 billion in 2014 prices in case of prolongation of the 2013 ceiling;

4.  Notes that the economic and financial crisis has created a consensus among European political leaders in favour of greater economic, fiscal, financial and banking integration as well as better governance, and has shown the need to stimulate growth in order to restore public finances; underlines that a reduced European budget would be in contradiction with these political aims;

A sufficient and realistic level of payments

5.  Is of the opinion that budgeting a sufficient and realistic level of payments at the beginning of the budgetary cycle would avoid unnecessary complications during the implementation of the budget, as witnessed in particular with the 2012 budget;

6.  Recalls that, due to the intransigent position of the Council in the negotiations, the overall level of payments set in the 2013 budget is EUR 5 billion lower than the Commission’s estimates for payment needs in the draft budget; underlines that the Commission’s proposal was based on a revision downwards of the 2013 forecasts provided by Member States themselves and on the assumption that all payment claims to be received in 2012 would be paid out of the 2012 budget; is therefore extremely worried about the level of payments in the 2013 budget and points out that this level of appropriations will be insufficient to cover actual payment needs in 2013 as the margin of payments left below the MFF payments ceiling in the 2013 budget amounts to EUR 11,2 billion while the carryover alone of additional payment needs from 2012 is over EUR 16 billion; warns that continued and excessive deferral of payments on an annual basis will create significant problems for future years;

7.  Attaches the greatest political importance to the joint statements signed by Parliament, the Council and the Commission at their highest political level in December 2012, which are an integral part of the agreement between the two arms of the budgetary authority on the 2013 budget and according to which the necessary additional payment appropriations shall be provided to the EU budget in 2013 in order for the Union to be able to pay its bills and preserve its political credibility and its solvency;

8.  Recalls that, in line with the provisions of the joint statement on payments 2012, the Commission shall present at an early stage in 2013 a draft amending budget devoted to the sole purpose of covering the suspended claims from 2012, amounting to EUR 2,9 billion, and other pending legal obligations, without prejudice to the proper implementation of the 2013 budget; recalls that in November and December 2012 additional payment requests under shared management for an overall amount of around EUR 16 billion were submitted to the Commission, which will need to be paid out in 2013; therefore urges the Commission to submit this draft amending budget without any delay and at the latest by the end of March 2013, in order to avoid any interference with the budget 2014 procedure;

9.  Further calls on the Commission and the Council to work constructively, together with Parliament, to avoid any repetition of this situation in future budget cycles by improving forecasting accuracy and agreeing on realistic and sufficient budget estimates which should include clear and detailed information on the nature of all payment estimates;

10.  In this respect, calls again on the Commission to provide monthly reports to Parliament and the Council on the evolution of Member States’ payment claims for the structural funds, cohesion fund, rural development and fisheries funds (breakdown per Member State and per fund). The information provided by these monthly reports should be the basis for monitoring the fulfilment of commitments agreed upon between the institutions;

11.  Urges also that an interinstitutional working group on payments be set up as soon as possible, building on the experience of the interinstitutional meetings on payments that were organised in the context of the 2013 budgetary procedure; firmly believes that such meetings at political level are instrumental in avoiding any possible misunderstanding as to the accuracy of figures and estimates regarding payment needs; believes in particular that this working group should address as a matter of priority the question of the gap between forecasts provided by Member States’ authorities for shared management expenditures and the level of payment appropriations that the Council is collectively imposing in the course of the budget negotiations; calls for the first interinstitutional meeting on payments to take place in the first semester of 2013;

12.  Is deeply concerned that, despite the payment implementation level being 99 % at the end of 2012, the stock of outstanding commitments (RALs, or restes à liquider) has increased over the past year by EUR 10 billion to now reach the unprecedented level of EUR 217,3 billion; expects that the level of RAL might even be higher by the end of 2013; warns against applying the automatic de-commitment rule too rigorously as a way of solving the RAL problem as this would run counter to the Compact for Growth and Jobs agreed by the European Council in 2012; considers that this year interinstitutional meetings on payments should closely examine the difference between commitment and payment appropriations, establish a dialogue with the Commission in order to fully clarify the composition of RAL and assess whether the current peak in RAL is primarily due to the economic crisis or whether it indicates wider structural problems; in the event of the latter conclusion, calls on the institutions to work together and adopt an appropriate plan of action in order to address the issue of the unprecedented level of RAL during the next MFF; insists that the Council refrain from deciding a priori the level of payments, without taking account of actual needs and legal obligations; notes further that accruing RAL actually undermines a transparent EU budget in which the relation between commitments and payments in any specific budgetary year is clearly visible;

13.  Recalls that 2014 is a year of transition between two multiannual financial frameworks and expects the Commission to accompany its financial programming for 2014 with a thorough and realistic assessment of the level of appropriations, keeping in mind that even if the multiannual financial programme has a slower path of implementation in a starting year than at the end, and that consequently, the level of payments needs is usually lower at the beginning of the multiannual financial period than at the end, the question of the RAL at the end of 2013 will have to be addressed as a matter of urgency;

14.  Urges the Commission, when adopting its draft budget for 2014, to provide clear and factual evidence of the link between the level of appropriations it proposes and the implementation of the Growth and Jobs Compact adopted by the June 2012 European Council; asks the institutions to improve the existing provisions for certain Member States which are particularly suffering from the financial crisis, in order to further improve their capacity to absorb structural and cohesion funds and prevent the anticipated huge decommitments;

15.  Insists that the 2013 budget negotiations have demonstrated once more that the system of financing the EU budget – with national contributions amounting to more than 75 % of EU revenue – is in contradiction with the letter and the spirit of the Treaty, and is putting the EU budget in a position of total dependency on national treasuries, which can be particularly detrimental at a time of national budgetary constraints; urges that the structure of Union revenue be reformed to include the introduction of new and genuine own resources, like the financial transaction tax and the new EU VAT; recalls its support to the Commission proposal for reforming the own resources system;

The role of the EU budget in implementing the EU 2020 strategy and in creating economic growth and jobs

16.  Recalls that 2014 is scheduled to be the first year of implementation of the new MFF and is therefore important for the successful start of the new programming period; is of the opinion that the priority of the European budget in 2014 should be to sustain economic growth and competitiveness, boost employment and fight against youth unemployment;

17.  Recalls the particular nature of the EU budget, which amounts to only 1 % of the EU GDP and is an investment budget with a strong leverage effect; underlines that 94 % of it goes back to the Member States and European citizens through its policies and programmes, and therefore should not be seen as an additional burden but as a tool to boost investment, growth and jobs in Europe; emphasises that, for the regions and Member States, public investment would be minimised or impossible without the contribution of the EU budget; believes that any decrease in the EU budget would inevitably increase imbalances and hamper the growth and competitive strength of the entire Union economy, as well as its cohesiveness, and would undermine the principle of solidarity as a core EU value; is of the opinion that the demand for ‘more Europe’ is meaningless when it is accompanied by proposals for the drastic reduction of EU funds;

18.  Acknowledges the persistent economic and budgetary constraints at national level, and the fiscal consolidation efforts undertaken by the Member States; underlines, however, that the EU budget is an effective tool for investment and solidarity with proven added value at both European and national level; is convinced that the budget’s ability to trigger economic growth, competitiveness and job creation is even more important in times of economic difficulty as it will create the conditions for the success of these consolidation efforts and that the EU budget should be seen as an instrument to exit the crisis;

19.  Emphasises the need to enhance financial support and activities as regards the introduction of quality education systems that combine practical training with vocational education; asks for stronger support for cooperation between Member States in the field of vocational education in order to combat youth unemployment effectively; recalls, in this regard, the proposal for a Council Recommendation on establishing a Youth Guarantee(5);

20.  Recalls that all the macroeconomic financial stabilisation measures taken since 2008 have not yet brought an end to the economic and financial crisis; believes, therefore, that in order to return to growth and generate employment in Europe, Member States should continue their efforts to unlock their potential for sustainable and inclusive growth, for instance through the promotion of education, lifelong learning and mobility; a well targeted, robust and sufficient EU budget must be part of the solution and is needed to further help coordinate and enhance the national efforts;

21.  Calls, therefore, on the Member States to consider synergies between the national consolidation effort and the added value of a well-prioritised EU budget, allowing the implementation of the political commitments already made at the highest level; recalls that implementation of political commitments and priorities is much more effective when there is a synergy between national and EU budgets and underlines the importance of inter-parliamentary debates on the common economic and budgetary orientations of the Member States and of the Union, within the framework of European Parliamentary Week on the European Semester for Economic Policy Coordination;

22.  Invites the Commission when presenting its Draft Budget for 2014 to properly address the role of the EU budget in the European Semester process; calls, in particular, on the Commission to provide factual and concrete data on how its proposed draft EU budget can actually play a triggering, catalytic, synergetic and complementary role to investments at local, regional and national levels to implement the priorities agreed in the framework of the European semester;

23 Considers that most of the time EU expenditure has the potential for creating economies of scale and should automatically lead to an assessment of possible savings at national level, which would significantly alleviate Member States’ public finances;

24.  Emphases the need to take advantage of all tools and actions at the disposal of the European Union to help Member States emerge from the crisis and to prevent future ones; highlights the crucial role played by the three European supervisory authorities in enabling comprehensive delivery of the financial regulation agenda and supervisory structures; calls on the Commission to propose sufficient funding for these three agencies in its 2014 draft budget and to foresee, when preparing the assessment and a revision of the regulations for January 2014, a revised funding model for these agencies that will increase their independence, while safeguarding the unity of the EU budget;

25.  Highlights the strategic effect of the choice of priorities for 2014, as the first year of the coming MFF; emphasises the urgent need for the EU to foster growth and competitiveness, with the objective of creating jobs and opportunities, in particular for young people;

26.  Recalls, in this regard, that the EU 2020 strategy should be at the heart of the next MFF (2014 – 2020) and urges the Commission to prioritise and clearly demonstrate all related investments in the 2014 budget, placing emphasis on investments in the fields of the knowledge triangle (education, research innovation), infrastructures, SMEs, renewable energy, sustainable development, entrepreneurship, employment – in particular youth employment – and skills, as well as the strengthening of economic, social and territorial cohesion;

27.  Deplores the Council’s usual horizontal cuts and warns it against the temptation to again make use of such artificial cuts; will pay particular attention to ensure a sufficient level of payments for policies and programmes fostering growth and competitiveness;

28.  Intends to continue a close examination of the Commission’s intention of reducing the staffing level in EU institutions and recalls that this is to be seen as an overall goal; notes the adverse impact such measures may have on the swift, regular and effective implementation of EU actions and programmes; is of the opinion that the efficiency of the administration must be secured and even strengthened; considers that any short-term or long-term revision in staff should be based on a prior impact assessment and should take full account of, inter alia, the Union’s legal obligations and the institutions’ new competences and increased tasks arising from the Treaties; recalls the Joint Statement on decentralised agencies, in particular the annexed common approach and its stipulations on agencies being entrusted with new tasks;

o
o   o

29.  Instructs its President to forward this resolution to the Council, the Commission and the Court of Auditors.

(1) OJ C 139, 14.6.2006, p. 1.
(2) OJ L 298, 26.10.2012, p. 1.
(3) Texts adopted, P7_TA(2012)0486.
(4) OJ L 66, 8.3.2013.
(5) COM(2012)0729 final.


Composition of the European Parliament with a view to the 2014 elections
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Resolution
Annex
European Parliament resolution of 13 March 2013 on the composition of the European Parliament with a view to the 2014 elections (2012/2309(INL))
P7_TA(2013)0082A7-0041/2013

The European Parliament,

–  having regard to Article 14(2) of the Treaty on European Union (TEU),

–  having regard to Protocol No 36 on transitional provisions,

–  having regard to the Treaty concerning the accession of the Republic of Croatia to the European Union,

–  having regard to Rules 41, 48 and 74f of its Rules of Procedure,

–  having regard to its resolution of 11 October 2007 on the composition of the European Parliament(1),

–  having regard to the report of the Committee on Constitutional Affairs (A7-0041/2013),

A.  whereas Article 2(1) and (2) of Protocol No 36 will expire at the end of the 2009-2014 parliamentary term,

B.  whereas the Republic of Croatia is expected to accede to the Union before the elections to the European Parliament that are due to be held in the spring of 2014, and whereas Article 19(1) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community will expire at the end of the 2009-2014 parliamentary term,

C.  whereas the demographic changes that have occurred since the last elections to the European Parliament should be taken into consideration,

D.  whereas the establishment of a durable system for the apportionment of seats in the European Parliament should be considered in conjunction with a revision of the voting system in the Council as part of an overall reform of the Union institutions to be defined in a Convention, convened pursuant to Article 48(3) TEU, and whereas such reform should recognise that, according to the Treaties, the basis for Union democracy is the representation of both citizens and Member States,

E.   whereas the apportionment of seats for the next parliamentary term should not be arbitrary but should instead be based on objective criteria to be applied in a pragmatic manner, and whereas such apportionment should compensate gains in the number of seats with losses in such a way that losses are limited to a maximum of one seat per Member State,

1.  Submits to the European Council the annexed proposal for a decision of the European Council establishing the composition of the European Parliament for the 2014-2019 parliamentary term, on the basis of its right of initiative laid down in Article 14(2) TEU;

2.  Underlines the urgent need to adopt that decision, which requires its consent, as soon as the Treaty concerning the accession of the Republic of Croatia to the European Union enters into force, so that the Member States can enact, in good time, the necessary domestic measures for organising the elections to the European Parliament for the 2014-2019 parliamentary term;

3.  Commits itself to submit shortly a proposal aimed at improving the practical arrangements for the holding of the elections in 2014;

4.  Undertakes to submit, before the end of 2015, a new proposal for a decision of the European Council with the aim of establishing, sufficiently far in advance of the beginning of the 2019-2024 parliamentary term, a durable and transparent system which, in future, before each fresh election to the European Parliament, will allow seats to be apportioned amongst the Member States in an objective manner, based on the principle of degressive proportionality as set forth in Article 1 of the annexed proposal for a decision, taking account of any change in their number and demographic trends in their population, as duly ascertained, and without excluding the possibility of reserving a number of seats to members elected on transnational lists;

5.  Observes that the new system for apportioning seats in the European Parliament should be established in conjunction with a review of the voting system in the Council as part of the necessary revision of the Treaties; determines to make proposals to this end at the next Convention to be convened pursuant to Article 48(3) TEU;

6.  Instructs its President to forward this resolution and the proposal for a decision of the European Council annexed hereto, together with the aforementioned report of its Committee on Constitutional Affairs, to the European Council and to the government and parliament of the Republic of Croatia, and, for information, to the Commission and to the governments and parliaments of the Member States.

ANNEX TO THE EUROPEAN PARLIAMENT RESOLUTION

Proposal for a decision of the European Council establishing the composition of the European Parliament

THE EUROPEAN COUNCIL,

Having regard to the Treaty on European Union, and in particular Article 14(2) thereof,

Having regard to Article 2(3) of Protocol No 36 on transitional provisions,

Having regard to the initiative of the European Parliament,

Having regard to the consent of the European Parliament,

Whereas:

(1)  Article 2(1) and (2) of Protocol No 36 on transitional provisions will expire at the end of the 2009-2014 parliamentary term.

(2)  Article 19(1) of the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community will expire at the end of the 2009-2014 parliamentary term.

(3)  It is necessary to comply without delay with the provisions of Article 2(3) of Protocol No 36 and therefore to adopt the decision provided for in the second subparagraph of Article 14(2) of the Treaty on European Union, in order to enable Member States to enact in good time the necessary domestic measures for organising the elections to the European Parliament for the 2014-2019 parliamentary term.

(4)  This Decision complies with the criteria laid down in the first subparagraph of Article 14(2) of the Treaty on European Union, namely that representatives of the Union's citizens are not to exceed seven hundred and fifty in number, plus the President, that representation is to be degressively proportional, with a minimum threshold of six members per Member State, and that no Member State is to be allocated more than ninety-six seats,

HAS ADOPTED THIS DECISION:

Article 1

In the application of the principle of degressive proportionality provided for in the first subparagraph of Article 14(2) of the Treaty on European Union, the following principles shall apply:

   the allocation of seats in the European Parliament shall fully utilise the minimum and maximum numbers set by the Treaty on European Union in order to reflect as closely as possible the sizes of the respective populations of Member States;
   the ratio between the population and the number of seats of each Member State before rounding to whole numbers shall vary in relation to their respective populations in such a way that each Member of the European Parliament from a more populous Member State represents more citizens than each Member from a less populous Member State and, conversely, that the larger the population of a Member State, the greater its entitlement to a large number of seats.

Article 2

The total population of the Member States shall be calculated by the Commission (Eurostat) on the basis of data provided by the Member States, in accordance with a method established by means of a regulation of the European Parliament and of the Council.

Article 3

Pursuant to Article 1, the number of representatives in the European Parliament elected in each Member State is hereby set as follows, with effect from the beginning of the 2014-2019 parliamentary term:

Belgium

21

Bulgaria

17

Czech Republic

21

Denmark

13

Germany

96

Estonia

6

Ireland

11

Greece

21

Spain

54

France

74

Croatia

11

Italy

73

Cyprus

6

Latvia

8

Lithuania

11

Luxembourg

6

Hungary

21

Malta

6

Netherlands

26

Austria

18

Poland

51

Portugal

21

Romania

32

Slovenia

8

Slovakia

13

Finland

13

Sweden

20

United Kingdom

73

Article 4

This Decision shall be revised sufficiently far in advance of the beginning of the 2019-2024 parliamentary term with the aim of establishing a system which in future will make it possible, before each fresh election to the European Parliament, to allocate the seats between Member States in an objective, fair, durable and transparent way, based on the principle of degressive proportionality as set forth in Article 1, taking account of any change in their number and demographic trends in their population, as duly ascertained, as well as of the voting system in the Council.

Article 5

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at ...

For the European Council

The President

(1) OJ C 227 E, 4.9.2008, p. 132 (Lamassoure-Severin report).


Definition, description, presentation, labelling and protection of geographical indications of spirit drinks
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European Parliament resolution of 13 March 2013 on the draft Commission implementing regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (2013/2524(RPS))
P7_TA(2013)0083B7-0091/2013

The European Parliament,

–  having regard to Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89(1), and in particular Article 26 thereof,

–  having regard to the draft Commission Regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks (D 024615/02) (the draft Commission Regulation),

–  having regard to Regulation (EC) No 1334/2008 of the European Parliament and the Council of 16 December 2008 on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No 1601/91, Regulations (EC) No 2232/96 and (EC) No 110/2008 and Directive 2000/13/EC(2),

–  having regard to the European Food Safety Authority (EFSA) Compendium of botanicals reported to contain naturally occurring substances of possible concern for human health when used in food and food supplements(3),

–  having regard to the opinion of the Commission’s Scientific Committee on Food on thujone, of 2 February 2002(4),

–  having regard to Article 5a(3)(b) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5),

–  having regard to Rule 88(2), (3) and (4)(c) of its Rules of Procedure,

A.  whereas spirit drinks are classified in categories according to definitions laid down in Annex II of Regulation (EC) No 110/2008;

B.  whereas the Annexes to Regulation (EC) No 110/2008 may be amended by measures adopted by the Commission under the regulatory procedure with scrutiny, in accordance with Article 26 of that Regulation;

C.  whereas according to Recital 2 of Regulation (EC) No 110/2008, measures applicable to the spirit drinks sector should safeguard the reputation which spirit drinks have achieved in the European Union and on the world market by continuing to take into account the traditional practices used in the production of spirit drinks;

D.  whereas according to Recital 6 of Regulation (EC) No 110/2008, whilst definitions of spirit drinks may be completed or updated, inter alia where previous definitions were lacking or insufficient, those definitions should continue to respect traditional quality practices;

E.  whereas absinthe, a spirit drink traditionally produced in several Member States, has not until now been defined as a product category in Annex II of Regulation (EC) No 110/2008;

F.  whereas the Commission proposes in Article 1, point c, of its draft Regulation the insertion of a definition of absinthe in Annex II of Regulation (EC) No 110/2008, which would provide for a minimum anethole level of 0.5 grams per litre;

G.  whereas absinthe is commonly known as a spirit drink produced by flavouring ethyl alcohol of agricultural origin or a distillate of agricultural origin with absinthe wormwood (Artemisia absinthium L.), Roman wormwood (Artemisia pontica L.), anise (Pimpinella anisum L.), fennel (Foeniculum vulgare Mill.) and other herbal plants depending on their regional availability;

H.  whereas depending on the regional availability of certain herbal plants and on varying consumer preferences, the traditional practices of absinthe production in many Member States have come to differ to a certain degree in such a way that not all traditional recipes foresee a minimum anethole level, and the anethole level of many products currently available on the market remains below the 0,5 grams per litre proposed by the Commission;

I.  whereas upon the entry into force of the draft Commission Regulation, the producers of these absinthe variations would, as a result of this newly introduced definition of absinthe, be required either to abstain from using the term ‘absinthe’ as their sales denomination or to change their long-standing recipes, notwithstanding their traditional methods of production;

J.  whereas such a change of inherent product characteristics may irritate consumers and may hence undermine consumer confidence;

K.  whereas absinthe as a product category could be defined in a way which ensures respect for regional varieties instead of requiring producers to change traditional methods of production;

L.  whereas absinthe producers could moreover be obliged to include the quantity of anethole in the list of ingredients;

M.  whereas, furthermore, according to Recital 2 of Regulation (EC) No 110/2008, measures applicable to the spirit drinks sector should contribute to the attainment of a high level of consumer protection;

N.  whereas, in addition, the Commission proposes in Article 1, point c, of its draft Regulation that the definition of absinthe include a requirement for a quantity of thujone (alpha and beta) between 5 and 35 milligrams per litre;

O.  whereas the EFSA Compendium of botanicals reported to contain naturally occurring substances of possible concern for human health when used in food and food supplements lists thujone contained in Artemisia absinthium L.;

P.  whereas, according to its opinion of 2 February 2002, the Commission’s Scientific Committee on Food did not consider it appropriate to use thujone as a chemically identified flavouring substance and supported the application of the upper limits in foods and beverages which were in place at the time of adoption of the opinion and which remain in place pursuant to Annex III to Regulation (EC) No 1334/2008;

Q.  whereas some absinthe producers have started using Artemisia plants that are free of thujone or contain only very low levels of this substance;

R.  whereas the stipulation of a minimum thujone level as part of an absinthe definition is therefore in contradiction to the current paradigm for dealing with this potentially harmful substance;

S.  whereas stipulating minimum thujone levels for absinthe does not add an indispensable characteristic to the definition of this spirit drink;

1.  Considers that the draft Commission Regulation is not compatible with the aim and content of Regulation (EC) No 110/2008;

2.  Opposes the adoption of the draft Commission Regulation amending Annexes II and III to Regulation (EC) No 110/2008 of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks;

3.  Instructs its President to forward this resolution to the Council and the Commission, and to the governments and parliaments of the Member States.

(1) OJ L 39, 13.2.2008, p. 16.
(2) OJ L 354, 31.12.2008, p. 34.
(3) EFSA Journal 2012; 10(5): 2663.
(4) The Commission’s Scientific Committee on Food existed until 2003 until the formal establishment of EFSA. On 2 December 2002, the Committee adopted an opinion on thujone, which was published on 6 February 2003 under the reference SCF/CS/FLAV/FLAVOUR/23 ADD 2 Final.
(5) OJ L 184, 17.7.1999, p. 23.


Direct payments to farmers under support schemes within the framework of the CAP (Decision on the opening of interinstitutional negotiations)
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European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (COM(2011)0625/3 – C7-0336/2011 – COM(2012)0552 – C7-0311/2012 – 2011/0280(COD)2013/2528(RSP))
P7_TA(2013)0084B7-0079/2013

The European Parliament,

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

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

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

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

MANDATE

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Recital 1
(1)  The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common Agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) No 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. In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 73/2009 and to replace it with a new text. The reform should also, as far as possible, streamline and simplify provisions.
(1)  The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common Agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) No 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, and (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003. In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 73/2009 and to replace it with a new text. The reform should also streamline and simplify provisions.
Amendment 2
Proposal for a regulation
Recital 1 a (new)
(1a)  It is necessary to have a strong CAP, backed by a sufficient budget with a real-terms increase over the period from 2007 to 2013, in order to enable the European Union, at all times, to produce the necessary quantity and variety of high-quality foodstuffs and to help promote employment, conserve and produce environmental goods, combat climate change, and manage territory. The CAP should, furthermore, be based on provisions readily understandable to farmers, other stakeholders, and citizens in general, to ensure transparency of implementation, allow oversight, and reduce costs to operators and administrators.
Amendment 3
Proposal for a regulation
Recital 1 b (new)
(1b)  One of the core objectives and key requirements of the CAP reform is the reduction of the administrative burden. This aim should be taken firmly into account when shaping the relevant provisions for the direct support scheme. The number of support schemes should not exceed the extent necessary and farmers and Member States should be able to fulfil respective requirements and obligations without excessive bureaucracy. Practice-oriented levels of tolerance, reasonable de minimis limits and an appropriate balance between trust and control should be used to reduce the future administrative burden of Member States and the beneficiaries.
Amendment 4
Proposal for a regulation
Recital 8
(8)  In order to take into account new legislation on support schemes that may be adopted after the entry into force of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending the list of support schemes covered by this Regulation.
(8)  In order to take into account new legislation on support schemes that may be adopted after the entry into force of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of amending the list of support schemes set out in Annex I to this Regulation.
Amendment 5
Proposal for a regulation
Recital 9
(9)  In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of laying down further definitions regarding the access to support under this Regulation, establishing the framework within which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production and the criteria to determine the predominance of grasses and other herbaceous forage as regards permanent grassland.
(9)  In order to take into account specific new elements and to guarantee the protection of the rights of beneficiaries, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of establishing the criteria with which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation as well as the framework within which Member States are to define criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in the state suitable for production.
Amendment 6
Proposal for a regulation
Recital 10
(10)  In order to guarantee the protection of the rights of beneficiaries the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting of rules on the basis for calculation of reductions to be applied by Member States to farmers pursuant to the application of the financial discipline.
deleted
Amendment 7
Proposal for a regulation
Recital 13
(13)  Experience from the application of the various support schemes for farmers has shown that support was in a number of cases granted to beneficiaries whose business purpose was not or only marginally targeted at an agricultural activity, such as airports, railway companies, real estate companies and companies managing sport grounds. To ensure the better targeting of support, Member States should refrain from granting direct payments to such natural and legal persons. Smaller part-time farmers contribute directly to the vitality of rural areas, for that reason they should not be prevented from being granted direct payments.
(13)  Experience from the application of the various support schemes for farmers has shown that support was in a number of cases granted to natural and legal persons whose business purpose was not or only marginally targeted at an agricultural activity. To ensure the better targeting of support and to reflect national situations as closely as possible, it is important that responsibility for the definition of an ‘active farmer’ be given to the Member States. They should thus refrain from granting direct payments to entities such as transport companies, airports, real estate companies, companies managing sport grounds, campsite operators and mining companies; unless such entities can prove that they meet the criteria for definition as active farmers. Smaller part-time farmers contribute directly to the vitality of rural areas, for that reason they should not be prevented from being granted direct payments.
Amendment 8
Proposal for a regulation
Recital 15
(15)  The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such system should however take into account salaried labour intensity to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation under Regulation (EU) No […] of the European Parliament and of the Council of….on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR].
(15)  The distribution of direct income support among farmers is characterised by the allocation of disproportionate amounts of payments to a rather small number of large beneficiaries. Due to economies of size, larger beneficiaries do not require the same level of unitary support for the objective of income support to be efficiently achieved. Moreover, the potential to adapt makes it easier for larger beneficiaries to operate with lower levels of unitary support. It is therefore fair to introduce a system for large beneficiaries where the support level is gradually reduced and ultimately capped to improve the distribution of payments between farmers. Such a system should however take into account labour employed, including salaries and contractor costs, to avoid disproportionate effects on large farms with high employment numbers. Those maximum levels should not apply to payments granted to agricultural practices beneficial for the climate and the environment since the beneficial objectives they pursue could be diminished as a result. In order to make capping effective, Member States should establish some criteria in order to avoid abusive operations by farmers seeking to evade its effects. The proceeds of the reduction and capping of payments to large beneficiaries should remain in the Member States where they were generated and should be used for financing projects with a significant contribution to innovation and rural development under Regulation (EU) No […] of the European Parliament and of the Council of….on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [RDR]. It will then be possible for Member States to allocate the sums generated by the capping to larger beneficiaries, who were subject to the capping exercise, for purposes of investment in innovation.
Amendment 9
Proposal for a regulation
Recital 20
(20)  In order to ensure a better distribution of support amongst agricultural land in the Union, including in those Member States which applied the single area payment scheme established under Regulation (EC) No 73/2009, a new basic payment scheme should replace the single payment scheme established under Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers , and continued under Regulation (EC) No 73/2009, which combined previously existing support mechanisms into a single scheme of decoupled direct payments. Such a move should entail the expiry of payment entitlements obtained under those Regulations and the allocation of new ones, although still based on the number of eligible hectares at the disposal of farmers in the first year of implementation of the scheme.
(20)  In order to ensure a better distribution of support amongst agricultural land in the Union, including in those Member States which applied the single area payment scheme established under Regulation (EC) No 73/2009, a new basic payment scheme should replace the single payment scheme established under Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers , and continued under Regulation (EC) No 73/2009, which combined previously existing support mechanisms into a single scheme of decoupled direct payments. Member States should modify their existing support systems in order to align them with this Regulation, without necessarily abolishing their current direct payments models.
Amendment 139
Proposal for a regulation
Recital 21
(21)  Due to the successive integration of various sectors into the single payment scheme and the ensuing period of adjustment granted to farmers, it has become increasingly difficult to justify the presence of significant individual differences in the level of support per hectare resulting from use of historical references. Therefore direct income support should be more equitably distributed between Member States, by reducing the link to historical references and having regard to the overall context of the Union budget. To ensure a more equal distribution of direct support, while taking account of the differences that still exist in wage levels and input costs, the levels of direct support per hectare should be progressively adjusted. Member States with direct payments below the level of 90 % of the average should close one third of the gap between their current level and this level. This convergence should be financed proportionally by all Member States with direct payments above the Union average. In addition, all payment entitlements activated in 2019 in a Member State or in a region should have a uniform unit value following a convergence towards this value that should take place during the transition period in linear steps. However, in order to avoid disruptive financial consequences for farmers, Member States having used the single payment scheme, and in particular the historical model, should be allowed to partially take historical factors into account when calculating the value of payment entitlements in the first year of application of the new scheme. The debate on the next Multiannual Financial Framework for the period starting in 2021 should also focus on the objective of complete convergence through the equal distribution of direct support across the European Union during that period.
(21)  In addition to the convergence of support payments at national and regional levels, the national envelopes for direct payments should also be adjusted so that in Member States with a current level of direct payments per hectare below 70 % of the Union average, that shortfall is reduced by 30 %. In Member States with a level of direct payments between 70 % and 80% of the average, the shortfall should be reduced by 25 %, and in those Member States where the level is more than 80 % of the average it should be reduced by 10 %. Following application of these mechanisms, the level received should not, in any Member State, be less than 55 % of the Union average in 2014 and 75 % of the Union average in 2019. In the case of Member States with payment levels above the Union average, the convergence effort should not pull those levels below the average. The convergence should be financed proportionally by all Member States with direct payments above the Union average.
Amendment 11
Proposal for a regulation
Recital 21 a (new)
(21a)  In addition to the convergence of support payments at national and regional levels, the national envelopes for direct payments should also be adjusted so that in Member States with a current level of direct payments per hectare that is below 70 % of the Union average, that shortfall is reduced by 30 %. In Member States with a level of direct payments between 70% and 80% of the average, the shortfall should be reduced by 25 %, and in those Member States where the level is more than 80% of the average it should be reduced by 10%. After those adjustments have been made, the level received should not, in any Member State, be less than 65 % of the Union average. In the case of Member States with payment levels above the Union average, the convergence effort should not result in those levels falling below the average. The convergence should be financed proportionally by all Member States with direct payments above the Union average.
Amendment 12
Proposal for a regulation
Recital 22
(22)  The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate a national reserve that should be used to facilitate the participation of young new farmers in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified.
(22)  The experience gained with the application of the single payment scheme shows that some of its main elements should be kept, including the determination of national ceilings to ensure that the total level of support does not exceed current budgetary constraints. Member States should also continue to operate, at least in the first year of the new basic payment scheme, a national reserve which can be administered regionally that should be used to facilitate the participation of young farmers and new farmers in the scheme or may be used to take account of specific needs in certain regions. Rules on the transfer and use of payment entitlements should be kept but, where possible, simplified.
Amendment 13
Proposal for a regulation
Recital 22 a (new)
(22a)  Member States should be allowed to fix a reduction coefficient, which could be fixed at a zero value in order to have the opportunity to reduce the eligible areas with lower yield potential or for specific productions.
Amendment 14
Proposal for a regulation
Recital 23
(23)  In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in 2011.
(23)  In order to guarantee the protection of the rights of beneficiaries and in order to clarify the specific situations that may arise in the application of the basic payment scheme, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of adopting rules on eligibility and the access in respect of the basic payment scheme of farmers in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in the case of merger or scission of the holding; adopting rules on the calculation of the value and number or on the increase in the value of payment entitlements in relation to the allocation of payment entitlements, including rules on the possibility of a provisional value and number or of a provisional increase of payment entitlements allocated on the basis of the application from the farmer, on the conditions for establishing the provisional and definitive value and number of the payment entitlements and on the cases where a sale or lease contract could affect the allocation of payment entitlements; adopting rules on the establishment and calculation of the value and number of payment entitlements received from the national reserve; adopting rules on the modification of the unit value of payment entitlements in the case of fractions of payment entitlements and criteria for the allocation of payment entitlements pursuant to the use of the national reserve and to farmers who did not apply for support in the period from 2009 to 2011.
Amendment 15
Proposal for a regulation
Recital 24 a (new)
(24a)  Member States should be allowed to decide to use a part of their national ceilings to grant a complementary annual payment in respect of the first hectares to farmers in order to better take into consideration the diversity of farms with regard to their economic size, to their choice of production and to employment.
Amendment 16
Proposal for a regulation
Recital 26
(26)  One of the objectives of the new CAP is the enhancement of environmental performance through a mandatory ‘greening’ component of direct payments which will support agricultural practices beneficial for the climate and the environment applicable throughout the Union. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment, on top of the basic payment, for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practises should take the form of simple, generalised, non-contractual and annual actions that go beyond cross-compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and ecological focus areas. The compulsory nature of those practises should also concern farmers whose holdings are fully or partly situated in ‘Natura 2000’ areas covered by Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora and by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds, as long as these practises are compatible with the objectives of those Directives. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 should benefit from the ‘greening’ component without fulfilling any further obligation, given the recognised environmental benefits of the organic farming systems. Non-respect of the ‘greening’ component should lead to penalties on the basis of Article 65 of Regulation (EU) No […] [HZR].
(26)  One of the objectives of the new CAP is the enhancement of environmental performance. For that purpose, Member States should use part of their national ceilings for direct payments to grant an annual payment for compulsory practices to be followed by farmers addressing, as a priority, both climate and environment policy goals. Those practices should take the form of simple, generalised, non-contractual and annual actions that go beyond cross-compliance and are linked to agriculture such as crop diversification, maintenance of permanent grassland and permanent pasture and ecological focus areas. Farmers who fulfil the conditions laid down in Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91, beneficiaries of agri-environment-climatic payments established pursuant to Article 29 of Regulation (EU) N° [...] [RDR] and farmers whose holdings are situated in ‘Natura 2000’ areas should benefit from the ‘greening’ component without fulfilling any further obligation. On certain conditions, farmers whose holding is certified under national environmental certification schemes should also be able to benefit from the ’greening‘ component. Farmers should be exempted from the obligation of crop diversification and from the obligations linked to ecological focus areas, where at least 75% of their farm is covered by permanent grassland or permanent pasture or crops under water. This exemption should only apply where the arable land of the remaining eligible agricultural land does not exceed 50 hectares.
Amendment 17
Proposal for a regulation
Recital 28
(28)  In order to ensure that the land under permanent grassland is maintained as such by the farmers, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure.
(28)  In order to ensure that the land under permanent grassland and permanent pasture is maintained as such by Member States, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the adoption of rules concerning the application of the measure.
Amendment 18
Proposal for a regulation
Recital 29
(29)  In order to ensure the implementation of the ecological focus area measure in an efficient and coherent way, while taking into account Member States' specificities, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission for the purpose of the further definition of the types of ecological focus areas mentioned under that measure and the addition and definition of other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that measure.
(29)  In order to ensure the implementation of the ecological focus area measure in an efficient and coherent way, while taking into account Member States' specificities, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the further definition of the types of ecological focus areas mentioned under that measure, the addition and definition of other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that measure and to lay down an Union-wide framework of weighting coefficients for calculating the hectares represented by various types of ecological focus areas.
Amendment 104
Proposal for a regulation
Recital 29 a (new)
(29a)  In order to improve the environment, combat climate change and improve agronomic conditions, the Commission should, without delay, submit a strategic plan for the supply of vegetable proteins, which will also enable the Union to reduce its very heavy dependence on external sources of supply. The plan should provide for more oil-protein crops and legumes to be grown under the common agricultural policy and should encourage agronomic research into suitable and productive varieties.
Amendment 19
Proposal for a regulation
Recital 33
(33)  Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to 5 % of their national ceilings for this support, or 10 % in case their level of coupled support in at least one of the years of the period 2010-2013 exceeded 5 %. However, in duly justified cases where certain sensitive needs in a region are demonstrated, and upon approval by the Commission, Member States should be allowed to use more than 10 % of their national ceiling. Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support exceeding 10 % of the annual national ceiling fixed per Member State, the Commission should further be empowered to adopt implementing acts without applying Regulation (EU) No 182/2011.
(33)  Member States should be allowed to use part of their national ceilings for direct payments for coupled support in certain sectors in clearly defined cases. The resources that may be used for any coupled support should be limited to an appropriate level, while allowing such support to be granted in Member States or in their specific regions facing particular situations where specific types of farming or specific agricultural sectors are particularly important for economic, environmental and/or social reasons. Member States should be allowed to use up to 15 % of their national ceilings for this support. This percentage may be increased by three percentage points for those Member States which decide to use at least 3 % of their national ceiling in order to support the production of protein crops. Coupled support should only be granted to the extent necessary to create an incentive to maintain current levels of production in those regions, except where the purpose of the support is environmental. This support should also be available to farmers holding, on 31 December 2013, special payment entitlements allocated under Regulation (EC) No 1782/2003 and Regulation (EC) No 73/2009 and who do not have eligible hectares for the activation of payment entitlements. As regards the approval of voluntary coupled support, the power to adopt delegated acts should be assigned to the Commission in accordance with Article 290 TFEU.
Amendment 20
Proposal for a regulation
Recital 38
(38)  A simple and specific scheme for small farmers should be put in place in order to reduce the administrative costs linked to the management and control of direct support. For that purpose, a lump-sum payment replacing all direct payments should be established. Rules seeking simplification of formalities should be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No […] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No […] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures. For that reason, access to the scheme should be limited to existing holdings.
(38)  Member States should be allowed to put in place a simple and specific scheme for small farmers in order to reduce the administrative costs linked to the management and control of direct support. For that purpose, Member States should be allowed to establish a lump-sum payment or a fix annual payment per beneficiary replacing all direct payments. Farmers with annual payments of not more than EUR 1 500 should be automatically included in that scheme. It should be possible for rules seeking simplification of formalities to be introduced by reducing, amongst others, the obligations imposed on small farmers such as those related to the application for support, to agricultural practices beneficial for the climate and the environment, to cross-compliance and to controls as laid down in Regulation (EU) No […] [HZR] without endangering the achievement of the overall objectives of the reform, it being understood that Union legislation as referred to in Annex II to Regulation (EU) No […] [HZR] applies to small farmers. The objective of that scheme should be to support the existing agricultural structure of small farms in the Union without countering the development towards more competitive structures. For that reason, access to the scheme should be limited to existing holdings.
Amendment 21
Proposal for a regulation
Recital 40
(40)  In the interest of simplification and to take into account the specific situation of the outermost regions, direct payments in those regions should be managed within the support programmes established by Regulation (EC) No 247/2006. As a consequence, provisions in this Regulation relating to the basic payment scheme and related payments and to coupled support should not apply to those regions.
(40)  In the interest of simplification and to take into account the specific situation of the outermost regions, direct payments in those regions should be managed within the support programmes established by Regulation (EC) No 247/2006. As a consequence, provisions in this Regulation relating to the basic payment scheme and related payments and to coupled support should not apply to those regions. However, an assessment should be made of the impact that any changes to this Regulation could have on those regions.
Amendment 22
Proposal for a regulation
Recital 40 a (new)
(40a)  In certain isolated areas, the diversity of the farming sector coupled with the presence of inefficient production systems justifies the use of specific agricultural policy instruments, with which the Union has sufficient experience, in order to make the sector more marked-oriented, to reduce the impact on the environment through the abandonment of farming activity and to preserve rural communities in accordance with the sustainability objective. Specific arrangements for those island territories of the Union which have similar features to territories in which such agricultural policy instruments have proven a success should be studied in depth.
Amendment 23
Proposal for a regulation
Recital 43
(43)  With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development. At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such choices should be made, within certain limits, once and for the whole period of application of this Regulation.
(43)  With a view to strengthening their rural development policy, Member States should be given the possibility to transfer funds from their direct payments ceiling to their support assigned for rural development. All Member States should be able to supplement the transfer by a sum proportional to the unspent monies for ‘greening’, so as to provide additional support for agro-environmental climate measures. At the same time, Member States where the level of direct support remains lower than 90 % of the Union average level of support should be given the possibility to transfer funds from their support assigned for rural development to their direct payments ceiling. Such choices should be made, within certain limits, and should be reviewed either by 1 August 2015 or by 1 August 2017.
Amendment 24
Proposal for a regulation
Article 1 – paragraph 1 – point b – point iii а (new)
(iiia) a new Union-funded scheme of payments for bee colonies in the apiculture sector;
Amendment 25
Proposal for a regulation
Article 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 55 for the purpose of amending the list of support schemes set out in Annex I.

In order to ensure legal certainty, the Commission shall be empowered to adopt delegated acts in accordance with Article 55 amending the list of support schemes set out in Annex I to the extent necessary to take into account changes introduced by new legislative acts on support schemes adopted after the entry into force of this Regulation.

Amendment 26
Proposal for a regulation
Article 4 – paragraph 1 – point c – indent 1
- rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes,
- agricultural production that includes rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes,
Amendment 27
Proposal for a regulation
Article 4 – paragraph 1 – point c – indent 2
– maintaining the agricultural area in a state which makes it suitable for grazing or cultivation without any particular preparatory action going beyond traditional agricultural methods and machineries, or
– maintaining the agricultural area in a state which makes it suitable for grazing or cultivation, subject, in the case of agricultural areas naturally kept in such a state, to the establishment of a minimum activity by Member States;
Amendment 28
Proposal for a regulation
Article 4 – paragraph 1 – point c – indent 3
– carrying out a minimum activity to be established by Member States on agricultural areas naturally kept in a state suitable for grazing or cultivation;
– carrying out a minimum activity, based where appropriate on a minimum stocking density, to be established by Member States, on agricultural areas naturally kept in a state suitable for grazing or cultivation;
Amendment 29
Proposal for a regulation
Article 4 – paragraph 1 – point e
(e) ‘agricultural area’ means any area taken up by arable land, permanent grassland or permanent crops;
(e) ‘agricultural area’ means any area taken up by arable land, permanent grassland and permanent pasture or permanent crops;
Amendment 30
Proposal for a regulation
Article 4 – paragraph 1 – point g
(g) ‘permanent crops’ means non-rotational crops other than permanent grassland that occupy the land for five years or longer and yield repeated harvests, including nurseries, and short rotation coppice;
(g) ‘permanent crops’ means non-rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or longer and yield repeated harvests, including nurseries, traditional orchards and short rotation coppice;
Amendment 31
Proposal for a regulation
Article 4 – paragraph 1 – point h
(h) ‘permanent grassland’ means land used to grow grasses or other herbaceous forage naturally (self-seeded) or through cultivation (sown) and that has not been included in the crop rotation of the holding for five years or longer; it may include other species suitable for grazing provided that the grasses and other herbaceous forage remain predominant;
(h) ‘permanent grassland and permanent pasture’ means land used to grow for forage herbaceous plants, shrubs and/or trees or any other species suitable for grazing, naturally (self-seeded) or through cultivation (sown), and that is not included in the crop rotation of the holding and not ploughed for seven years or longer; it may include other features of importance for the characterisation of the land as permanent pasture;
Amendment 32
Proposal for a regulation
Article 4 – paragraph 1 – point i
(i) ‘grasses or other herbaceous forage’ means all herbaceous plants traditionally found in natural pastures or normally included in mixtures of seeds for pastures or meadows in the Member State (whether or not used for grazing animals);
deleted
Amendment 33
Proposal for a regulation
Article 4 – paragraph 1 – point j a (new)
(ja) ‘traditional orchards’ means land on which fruit trees grow that is of environmental and cultural importance;
Amendment 34
Proposal for a regulation
Article 4 – paragraph 2 – point a
(a) laying down further definitions regarding the access to support under this Regulation;
deleted
Amendment 35
Proposal for a regulation
Article 4 – paragraph 2 – point b
(b) establishing the framework within which Member States shall define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation;
(b) establishing the criteria with which Member States are to define the minimum activities to be carried out on areas naturally kept in a state suitable for grazing or cultivation;
Amendment 36
Proposal for a regulation
Article 4 – paragraph 2 – point c
(c) establishing the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in a state suitable for grazing or cultivation as referred to in point (c) of paragraph 1;
(c) establishing the framework within which Member States are to define the criteria to be met by farmers in order to be deemed to have respected the obligation of maintaining the agricultural area in a state suitable for grazing or cultivation as referred to in point (c) of paragraph 1;
Amendment 37
Proposal for a regulation
Article 4 – paragraph 2 – point d
(d) establishing the criteria to determine the predominance of grasses and other herbaceous forage for the purpose of point (h) of paragraph 1.
deleted
Amendment 38
Proposal for a regulation
Article 7 – paragraph 2
2.  For each Member State and each year, the estimated product of capping as referred to in Article 11, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support for measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No [] [RDR].
2.  For each Member State and each year, the estimated product of capping as referred to in Article 11, which is reflected by the difference between the national ceilings set out in Annex II, to which is added the amount available in accordance with Article 44, and the net ceilings set out in Annex III, is made available as Union support for measures to be chosen by the Member State under rural development programming financed under the EAFRD as specified in Regulation (EU) No [...] [RDR].
Amendment 197
Proposal for a regulation
Article 8 – paragraph 1
1.  The adjustment rate determined in accordance with Article 25 of Regulation (EU) No […] [HZR] shall only apply to direct payments in excess of EUR 5 000 to be granted to farmers in the corresponding calendar year.
1.  The adjustment rate determined in accordance with Article 25 of Regulation (EU) No […] [HZR] shall apply to all direct payments to be granted to farmers in the corresponding calendar year.
Amendment 39
Proposal for a regulation
Article 8 – paragraph 3
3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning rules on the basis for calculation of reductions to be applied by Member States to farmers pursuant to paragraphs 1 and 2 of this Article.
deleted
Amendment 40
Proposal for a regulation
Article 9
Article 9

Article 9

Active farmer

Active farmer

1.  No direct payments shall be granted to natural or legal persons, or to groups of natural or legal persons, where one of the following applies:
1.  Member States shall draw up a legal framework and definitions, based on objective and non-discriminatory criteria to ensure, where appropriate, that direct payments are only granted to farmers whose agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation on condition that they carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).
(a) the annual amount of direct payments is less than 5 % of the total receipts they obtained from non-agricultural activities in the most recent fiscal year; or
(b) their agricultural areas are mainly areas naturally kept in a state suitable for grazing or cultivation and they do not carry out on those areas the minimum activity established by Member States in accordance with Article 4(1)(c).
Entities such as transport companies, airports, real estate companies, companies managing sport grounds, campsite operators and mining companies or other non-agricultural enterprises, to be defined accordingly by Member States on the basis of objective and non-discriminatory criteria, shall not, a priori, be regarded as active farmers nor shall they be the beneficiaries of any direct payments. Member States may decide that those entities can claim to be eligible if they can provide verifiable evidence that their agricultural activities form a significant part of their overall economic activities or that their principal business or company objects consist of exercising an agricultural activity.

After having duly notified the Commission, Member States may decide to add to and to withdraw from their list of eligible entities other entities than those listed in the second subparagraph, providing objective and non-discriminatory grounds of justification motivating their decision.

2.  Paragraph 1 shall not apply to farmers who received less than EUR 5 000 of direct payments for the previous year.
2.  Member States may decide not to apply this Article to farmers who received less than EUR 5 000 of direct payments for the previous year.
3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 for the purposes of laying down:
3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 for the purposes of laying down criteria to establish when a farmer's agricultural area is to be considered as mainly areas naturally kept in a state suitable for grazing or cultivation.
(a) criteria to establish the amount of direct payments relevant for the purpose of paragraphs 1 and 2, in particular in the first year of allocation of payment entitlements where the value of the payment entitlements is not yet definitively established as well as for new farmers;
(b) exceptions from the rule that the receipts during the most recent fiscal year are to be taken into account where those figures are not available; and
(c) criteria to establish when a farmer's agricultural area is to be considered as mainly areas naturally kept in a state suitable for grazing or cultivation.
Amendment 41
Proposal for a regulation
Article 11 – paragraph 1 – indent 3 a (new)
- the amount obtained after applying those reductions shall be capped at EUR 300 000.
Amendment 42
Proposal for a regulation
Article 11 – paragraph 1 – indent 4
- by 100 % for the tranche of more than EUR 300 000.
deleted
Amendment 43
Proposal for a regulation
Article 11 – paragraph 1 a (new)
1a.  Paragraph 1 shall not apply in respect of cooperatives or other legal entities which group together a number of beneficiaries of direct payments and which receive and channel the payments before distributing them in full to their members who, as individuals, are subject to paragraph 1.
Amendments 44 and 105
Proposal for a regulation
Article 11 – paragraph 2
2.  The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
2.  The amount referred to in paragraph 1 shall be calculated by subtracting the salaries effectively paid and declared by the farmer in the previous year, including taxes and social contributions related to employment, as well as costs incurred as a result of the use of contractors for specific farming operations, from the total amount of direct payments initially due to the farmer without taking into account the payments to be granted pursuant to Chapter 2 of Title III of this Regulation.
Amendment 45
Proposal for a regulation
Article 11 – paragraph 3 a (new)
3 a. Any funds from progressive reduction or capping shall remain in the region or Member State where they were obtained and shall be used for measures under the second pillar.

Amendment 46
Proposal for a regulation
Article 14
Article 14

Article 14

Flexibility between pillars

Flexibility between pillars

1.  Before 1 August 2013, Member States may decide to make available as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No […] [RDR], up to 10 % of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments.
1.  Before 1 August 2013, Member States may decide to make available as additional support for measures under rural development programming financed under the EAFRD as specified under Regulation (EU) No […] [RDR], up to 15% of their annual national ceilings for calendar years 2014 to 2019 as set out in Annex II to this Regulation. As a result, the corresponding amount shall no longer be available for granting direct payments.
The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph.

1a.  Member States may add unallocated funds from the application of Article 33 to the transfers in favour of rural development measures referred to in the first paragraph in the form of Union support to agri-environment-climate measures under rural development programming financed under the EAFRD as specified in Regulation (EU) No […] [RDR]
2.  Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to 5 % of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No […] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming.
2.  Before 1 August 2013, Bulgaria, Estonia, Finland, Latvia, Lithuania, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United-Kingdom may decide to make available as direct payments under this Regulation up to 10% of the amount allocated to support for measures under rural development programming financed under the EAFRD in the period 2015-2020 as specified under Regulation (EU) No […] [RDR]. As a result, the corresponding amount shall no longer be available for support measures under rural development programming.
The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

The decision referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

The percentage notified in accordance with the second subparagraph shall be the same for the years referred to in the first subparagraph of paragraph 1.

2a.  In the case of regional implementation, different percentage rates may be applied to each region.
2b.  Member States may decide, either by 1 August 2015 or by 1 August 2017, to review their decisions referred to in this Article with effect from the subsequent year.
Amendment 47
Proposal for a regulation
Article 15 – paragraph -1 (new)
-1.  In order to evaluate the new CAP, the Commission shall carry out a review of the implementation of the reforms and their impact on the environment and agricultural production by the end of 2017.
Amendment 48
Proposal for a regulation
Article 15
Support schemes listed in Annex I shall apply without prejudice to a possible review at any time in the light of economic developments and the budgetary situation.

Support schemes listed in Annex I shall apply without prejudice to a possible review at any time by a legislative act, in the light of economic developments and the budgetary situation.

Amendment 49
Proposal for a regulation
Article 18
Article 18

Article 18

Payment entitlements

Payment entitlements

1.  Support under the basic payment scheme shall be available to farmers if they obtain payment entitlements under this Regulation through allocation pursuant to Article 17b(4), first allocation pursuant to Article 21, from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27.
1.  Support under the basic payment scheme shall be available to farmers if they obtain payment entitlements under this Regulation through allocation pursuant to Article 17b(4), first allocation pursuant to Article 21, from the national reserve pursuant to Article 23 or by transfer pursuant to Article 27.
2.   Payment entitlements obtained under the single payment scheme in accordance with Regulation (EC) No 1782/2003 and with Regulation (EC) No 73/2009 shall expire on 31 December 2013.
2.  By way of derogation from paragraph 1,
(a)  Member States that, on 31 December 2013, are operating the single payment scheme on the basis of the regional model laid down in Article 59 of Regulation (EC) N° 1782/2003 may decide, by 1 August 2013, to maintain the payment entitlements allocated in accordance with Regulation (EC) N° 1782/2003 and/or with Regulation (EC) N° 73/2009,
(b)  Member States that, on 31 December 2013, are operating the single area payment scheme may, by 1 August 2013, decide to keep their existing scheme as a transitional system until 31 December 2020.
Amendment 50
Proposal for a regulation
Article 19
Article 19

Article 19

Basic payment scheme ceiling

Basic payment scheme ceiling

1.  The Commission shall, by means of implementing acts, set the annual national ceiling for the basic payment scheme by deducting from the annual national ceiling established in Annex II the annual amounts to be set in accordance with Articles 33, 35, 37 and 39. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
1.  The Commission shall adopt implementing acts setting for each Member State, the annual national ceiling for the basic payment scheme by deducting from the annual national ceiling established in Annex II the annual amounts to be set in accordance with Articles 33, 35, 37 and 39. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
2.  For each Member State and each year, the total value of all allocated payment entitlements and the national reserve shall equal the respective national ceiling adopted by the Commission pursuant to paragraph 1.
2.  For each Member State and each year, the total value of all allocated payment entitlements and the national reserve shall equal the respective national ceiling adopted by the Commission pursuant to paragraph 1.
3.  In case of modification of the ceiling adopted by the Commission pursuant to paragraph 1 as compared to the previous year, a Member State shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 2.
3.  In case of modification of the ceiling adopted by the Commission pursuant to paragraph 1 as compared to the previous year, a Member State shall linearly reduce or increase the value of all payment entitlements in order to ensure compliance with paragraph 2.
The first subparagraph shall not apply where such a modification is due to the application of Article 17b(2).

The first subparagraph shall not apply where such a modification is due to the application of Article 17b(2).

Amendment 51
Proposal for a regulation
Article 20
Article 20

Article 20

Regional allocation of the national ceilings

Regional allocation of the national ceilings

1.  Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic and economic characteristics and their regional agricultural potential, or their institutional or administrative structure.
1.  Member States may decide, before 1 August 2013, to apply the basic payment scheme at regional level. In that case they shall define the regions in accordance with objective and non-discriminatory criteria such as their agronomic, environmental and socio-economic characteristics and their regional agricultural potential, or their institutional or administrative structure.
2.  Member States shall divide the national ceiling referred to in Article 19(1) between the regions in accordance with objective and non-discriminatory criteria.
2.  Member States shall divide the national ceiling referred to in Article 19(1) between the regions in accordance with objective and non-discriminatory criteria.
3.  Member States may decide that the regional ceilings shall be subject to annual progressive modifications in accordance with pre-established annual steps and objective and non-discriminatory criteria such as the agricultural potential or environmental criteria.
3.  Member States may decide that the regional ceilings shall be subject to annual progressive modifications in accordance with pre-established annual steps and objective and non-discriminatory criteria such as the agricultural potential or environmental criteria.
4.  To the extent necessary to respect the applicable regional ceilings determined in accordance with paragraph 2 or 3, Member States shall make a linear reduction or increase in the value of the payment entitlements in each of their regions.
4.  To the extent necessary to respect the applicable regional ceilings determined in accordance with paragraph 2 or 3, Member States shall make a linear reduction or increase in the value of the payment entitlements in each of their regions.
5.  The Member States shall notify the Commission by 1 August 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3.
5.  The Member States shall notify the Commission by 1 August 2013 of the decision referred to in paragraph 1, together with the measures taken for the application of paragraphs 2 and 3.
Amendments 52 and 161
Proposal for a regulation
Article 21
Article 21

Article 21

First allocation of payment entitlements

First allocation of payment entitlements

1.  Subject to paragraph 2, payment entitlements shall be allocated to farmers if they apply for allocation of payment entitlements under the basic payment scheme by 15 May 2014 except in case of force majeure and exceptional circumstances.
1.  Subject to paragraph 2 of this Article, and without prejudice to Article 18(2), payment entitlements shall be allocated to farmers if they apply for allocation of payment entitlements under the basic payment scheme by 15 May 2014 except in case of force majeure and exceptional circumstances.
2.  Farmers who, in 2011 or in the case of Croatia in 2013, activated at least one payment entitlement under the single payment scheme or claimed support under the single area payment scheme, both in accordance with Regulation (EC) No 73/2009, shall receive payment entitlements the first year of application of the basic payment scheme provided they are entitled to be granted direct payments in accordance with Article 9.
2.  Farmers who:
- in any of one of the three years 2009, 2010 or 2011, to be chosen by Member States, or in the case of Croatia in 2013, activated at least one payment entitlement under the single payment scheme or claimed support under the single area payment scheme, both in accordance with Regulation (EC) No 73/2009, or
- in 2012 received payment entitlements under Article 41 and 63 of Regulation (EC) No 73/2009 or
- submitted evidence of active farm production and who, in 2011, reared or grew agricultural products including harvesting, milking, breeding animals or kept animals for farming purposes, shall receive payment entitlements the first year of application of the basic payment scheme provided they are entitled to be granted direct payments in accordance with Article 9.
By way of derogation from the first subparagraph, farmers shall receive payment entitlements the first year of application of the basic payment scheme, provided they are entitled to be granted direct payments in accordance with Article 9 and that in 2011:

By way of derogation from the first subparagraph, farmers shall receive payment entitlements the first year of application of the basic payment scheme, provided they are entitled to be granted direct payments in accordance with Article 9 and that in 2011:

(a) under the single payment scheme, they did not activate any entitlement but produced exclusively fruits, vegetables and/or cultivate exclusively vineyard;
(a) under the single payment scheme, they did not activate any entitlement but produced exclusively fruits, vegetables, seed and ware potatoes, ornamental crops and/or cultivated exclusively vineyard;
(b) under the single area payment scheme, they did not claim any support and had only agricultural land that was not in good agricultural conditions on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009,
(b) under the single area payment scheme, they did not claim any support and had only agricultural land that was not in good agricultural conditions on 30 June 2003 as provided for in Article 124(1) of Regulation (EC) No 73/2009,
Except in the case of force majeure or exceptional circumstances, the number of payment entitlements allocated per farmer shall be equal to the number of eligible hectares, within the meaning of Article 25(2), the farmer declares in accordance with Article 26(1) for 2014.

Except in the case of force majeure or exceptional circumstances, the number of payment entitlements allocated per farmer shall be equal to the number of eligible hectares, within the meaning of Article 25(2), the farmer declares in accordance with Article 26(1) for 2014.

By way of derogation from the previous subparagraph, where the total number of hectares declared in a Member State in accordance with Article 26(1) for 2014 entails an increase of more than 45% of the total number of eligible hectares declared in 2009 in accordance with Article 35 of Regulation (EC) No 73/2009, Member States may limit the number of payment entitlements to be allocated in 2014 to 145% of the total number of hectares declared in 2009 in accordance with Article 35 of Regulation (EC) No 73/2009.

When using this option, Member States shall allocate a reduced number of payment entitlements to farmers that shall be calculated by applying a proportional reduction to the additional number of eligible hectares declared by each farmer in 2014 compared to the number of eligible hectares in accordance with Article 34(2) of Regulation (EC) No 73/2009 he indicated in his aid application in 2011 in accordance with Article 19 of Regulation (EC) No 73/2009.

3.  In case of sale or lease of their holding or part of it, natural or legal persons complying with paragraph 2 may, by contract signed before 15 May 2014, transfer the right to receive payment entitlements as referred to in paragraph 1 to only one farmer provided that the latter complies with the conditions laid down in Article 9.
3.  In case of sale, merger, scission or lease of their holding or part of it, farmers complying with paragraph 2 may, by contract signed before 15 May 2014, transfer the right to receive payment entitlements as referred to in paragraph 1 to the farmers receiving the holding or part of it provided that the latter comply with the conditions laid down in Article 9.
4.  The Commission shall, by means of implementing acts, adopt rules on applications for allocation of payment entitlements submitted in the year of allocation of payment entitlements where those payment entitlements may not be definitively established yet and where that allocation is affected by specific circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
4.  The Commission shall, by means of implementing acts, adopt rules on applications for allocation of payment entitlements submitted in the year of allocation of payment entitlements where those payment entitlements may not be definitively established yet and where that allocation is affected by specific circumstances. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 53
Proposal for a regulation
Article 22
Article 22

Article 22

Value of payment entitlements and convergence

Value of payment entitlements and convergence

1.  For each relevant year, the unit value of payment entitlements shall be calculated by dividing the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1), by the number of payment entitlements allocated at national or regional level according to Article 21(2) for 2014.
1.  For each relevant year, the unit value of payment entitlements shall be calculated by dividing the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1), by the number of payment entitlements allocated at national or regional level according to Article 21(2) for 2014.
2.  Member States which applied the single payment scheme as provided for in Regulation (EC) No 73/2009, may limit the calculation of the unit value of payment entitlements provided for in paragraph 1 to an amount corresponding to no less than 40 % of the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1).
2.  Member States which applied the single payment scheme as provided for in Regulation (EC) No 73/2009, may limit the calculation of the unit value of payment entitlements provided for in paragraph 1 to an amount corresponding to no less than 10 % of the national or regional ceiling established under Articles 19 or 20, after application of the linear reduction provided for in Article 23(1).
3.  Member States making use of the possibility provided for in paragraph 2 shall use the part of the ceiling which remains after the application of that paragraph to increase the value of payment entitlements in cases where the total value of payment entitlements held by a farmers under the basic payment scheme calculated according to paragraph 2 is lower than the total value of payment entitlements, including special entitlements, he held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. To this end, the national or regional unit value of each of the payment entitlement of the farmer concerned shall be increased by a share of the difference between the total value of the payment entitlements under the basic payment scheme calculated according to paragraph 2 and the total value of payment entitlements, including special entitlements, which the farmer held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009.
3.  Member States making use of the possibility provided for in paragraph 2 shall use the part of the ceiling which remains after the application of that paragraph to increase the value of payment entitlements in cases where the total value of payment entitlements held by a farmers under the basic payment scheme calculated according to paragraph 2 is lower than the total value of payment entitlements, including special entitlements, he held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009. To this end, the national or regional unit value of each of the payment entitlement of the farmer concerned shall be increased by a share of the difference between the total value of the payment entitlements under the basic payment scheme calculated according to paragraph 2 and the total value of payment entitlements, including special entitlements, which the farmer held on 31 December 2013 under the single payment scheme in accordance with Regulation (EC) No 73/2009.
For the calculation of the increase, a Member State may also take into account the support granted in calendar year 2013 pursuant to Articles 52, 53(1), and 68(1)(b), of Regulation (EC) No 73/2009 provided that the Member State has decided not to apply the voluntary coupled support pursuant to Title IV of this Regulation to the relevant sectors.

For the calculation of the increase, a Member State may also take into account the support granted in calendar year 2013 pursuant to Articles 52, 53(1), and 68(1)(b), of Regulation (EC) No 73/2009 provided that the Member State has decided not to apply the voluntary coupled support pursuant to Title IV of this Regulation to the relevant sectors.

For the purpose of the first subparagraph, a farmer is considered to hold payment entitlements on 31 December 2013 where payment entitlements were allocated or definitively transferred to him by that date.

For the purpose of the first subparagraph, a farmer is considered to hold payment entitlements on 31 December 2013 where payment entitlements were allocated or definitively transferred to him by that date.

4.  For the purposes of paragraph 3, a Member State may, on the basis of objective criteria, provide that, in cases of sale or grant or expiry of all or part of a lease of agricultural areas after the date fixed pursuant to Article 35 of Regulation (EC) No 73/2009 and before the date fixed pursuant to Article 26 of this Regulation, the increase, or part of the increase, in the value of payment entitlements that would be allocated to the farmer concerned shall revert to the national reserve where the increase would lead to a windfall profit for the farmer concerned.
4.  For the purposes of paragraph 3, a Member State may, on the basis of objective criteria, provide that, in cases of sale or grant or expiry of all or part of a lease of agricultural areas after the date fixed pursuant to Article 35 of Regulation (EC) No 73/2009 and before the date fixed pursuant to Article 26 of this Regulation, the increase, or part of the increase, in the value of payment entitlements that would be allocated to the farmer concerned shall revert to the national reserve where the increase would lead to a windfall profit for the farmer concerned.
Those objective criteria shall be established in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions and shall include, at least, the following:

Those objective criteria shall be established in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions and shall include, at least, the following:

(a) a minimum duration for the lease;
(a) a minimum duration for the lease;
(b) the proportion of the payment received which shall revert to the national reserve.
(b) the proportion of the payment received which shall revert to the national reserve.
5.  As of claim year 2019 at the latest, all payment entitlements in a Member State or, in case of application of Article 20, in a region, shall have a uniform unit value.
5.  As of claim year 2019 at the latest, all payment entitlements in a Member State or, in case of application of Article 20, in a region:
(a) shall have a uniform unit value;
(b) may deviate from the average unit value by up to 20%.
When applying paragraphs 2, 3 and this paragraph, Member States may take measures to ensure that, where payment entitlements at farm level are reduced, the level of those entitlements activated in 2019 is not more than 30% below that of 2014.

6.  When applying paragraphs 2 and 3, Member States, acting in compliance with the general principles of Union law, shall move towards approximating the value of the payment entitlements at national or regional level. To this end, Member States shall fix the steps to be taken by 1 August 2013. Those steps shall include annual progressive modifications of the payment entitlements in accordance with objective and non-discriminatory criteria.
6.  When applying paragraphs 2 and 3, Member States, acting in compliance with the general principles of Union law, shall move towards approximating the value of the payment entitlements at national or regional level. To this end, Member States shall fix the steps to be taken by 1 August 2013. Those steps shall include annual progressive modifications of the payment entitlements in accordance with objective and non-discriminatory criteria.
The steps referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

The steps referred to in the first subparagraph shall be notified to the Commission by the date referred to in that subparagraph.

Amendment 54
Proposal for a regulation
Article 22 a (new)
Article 22a

Internal convergence

1.  By way of derogation from Article 22, Member States may approximate the value of the payment entitlements at national or regional level so that the unit value of entitlements moves part of, but not all, the way to uniform national or regional values as of claim year 2021. Member States may use the formula for external convergence between Member States when exercising this option. This convergence shall be financed by the reduction of 2013 entitlement values above a threshold identified by Member States or above the national average.
2.  Member States exercising the derogation referred to in paragraph 1 may decide that the payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III, which shall represent 30 % of the national envelope in accordance with Article 33(1), is payable to farmers as a percentage relative to their basic payment.
3.  When exercising the derogation referred to in paragraph 1, Member States, shall, by 1 August 2013, fix the steps to be taken, acting in compliance with the general principles of Union law. Those steps shall include progressive modifications of the payment entitlements in accordance with objective and non-discriminatory criteria.
The steps referred to in the first subparagraph shall be notified to the Commission by 1 August 2013.

Amendment 55
Proposal for a regulation
Article 23
Article 23

Article 23

Establishment and use of the national reserve

Establishment and use of the national reserve

1.  Each Member State shall establish a national reserve. For that purpose, in the first year of application of the basic payment scheme, Member States shall proceed to a linear percentage reduction of the basic payment scheme ceiling at national level in order to constitute the national reserve. This reduction shall not be higher than 3 % except, if required, to cover the allocation needs laid down in paragraph 4 for the year 2014.
1.  Each Member State shall establish a national reserve. For that purpose, in the first year of application of the basic payment scheme, Member States shall proceed to a linear percentage reduction of the basic payment scheme ceiling at national level in order to constitute the national reserve. For the year 2014, this reduction shall not be higher than 3% except, if required, to cover the allocation needs laid down in paragraph 4. For subsequent years, Member States may every year set the ceiling of reduction on the basis of the allocation needs.
2.  Member States may administer the national reserve at regional level.
2.  Member States may administer the national reserve at regional level.
3.  Member States shall establish payment entitlements from the national reserve in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions.
3.  Member States shall establish payment entitlements from the national reserve in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions.
4.  Member States shall use the national reserve to allocate payment entitlements, as a matter of priority, to young farmers who commence their agricultural activity.
4.  Member States shall use the national reserve to allocate payment entitlements, as a matter of priority, to young farmers and new farmers who commence their agricultural activity.
For the purposes of the first subparagraph, ‘young farmers who commence their agricultural activity’ means farmers fulfilling the conditions laid down in Article 36(2) that did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity. In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person.

For the purposes of the first subparagraph, ‘young farmers who commence their agricultural activity’ means farmers fulfilling the conditions laid down in Article 36(2) that did not have any agricultural activity in their own name and at their own risk or did not have the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the new agricultural activity. In case of a legal person, the natural person(s) who has the control of the legal person must not have had any agricultural activity in his own name and at his own risk or must not have had the control of a legal person exercising an agricultural activity in the 5 years preceding the start of the agricultural activity by the legal person.

For the purposes of the first subparagraph, 'new farmers who commence their agricultural activity' means natural persons who have never been attributed entitlements. Member States may determine additional objective and non-discriminatory criteria that new farmers shall fulfil as regards, in particular, appropriate skills, experience and/or training requirements.

5.  Member States may use the national reserve to:
5.  Member States may use the national reserve to:
(a) allocate payment entitlements to farmers in areas subject to restructuring and/or development programmes relating to a form of public intervention in order to prevent land from being abandoned and/or to compensate farmers for specific disadvantages in those areas;
(a) allocate payment entitlements to farmers in areas subject to restructuring and/or development programmes relating to a form of public intervention in order to prevent land from being abandoned and/or to compensate farmers for specific disadvantages in those areas;
(aa) allocate payment entitlements to farmers whose holding is situated in a Member State which has decided to exercise the option laid down in Article 18(2) and who did not obtain a payment entitlement in accordance with Regulation (EC) N° 1782/2003 or Regulation (EC) N° 73/2009 or both of them, when they declare eligible agricultural areas for the year 2014;
(ab) allocate payment entitlements to farmers who began their agricultural activity after 2011 and who operate in specific agricultural sectors to be defined by Member States on the basis of objective and non-discriminatory criteria;
(ac) increase the value of payment entitlements under the basic payment scheme up to the national or regional average unit value of payment entitlements to farmers who as a result of the transition to the basic payment scheme are placed in a special situation by virtue of the low value of their historical payment entitlements held under the single payment scheme in accordance with Regulation (EC) No 73/2009 or increase the value of payment entitlements to farmers who held special entitlements on 31 December 2013;
(ad) grant farmers, on an annual basis, compensation – which may be increased by an additional payment for small farmers – for the removal of the EUR 5000 allowance provided for in Article 7(1) of Regulation (EC) No 73/2009.
(b) linearly increase the value of payment entitlements under the basic payment scheme at national or regional level if the national reserve exceeds 3 % in any given year, provided that sufficient amounts remain available for allocations under paragraph 4, under point (a) of this paragraph and under paragraph 7.
(b) linearly increase the value of payment entitlements under the basic payment scheme at national or regional level if the national reserve exceeds 3 % in any given year, provided that sufficient amounts remain available for allocations under paragraph 4, under point (a) of this paragraph and under paragraph 7. However, when increasing the value of payment entitlements under this point. Member States may decide to apply an alternative method to the linear method.
6.  When applying paragraphs 4 and 5(a), Member States shall establish the value of payment entitlements allocated to farmers on the basis of the national or regional average value of payment entitlements in the year of allocation.
6.  When applying paragraphs 4 and 5(a), Member States shall establish the value of payment entitlements allocated to farmers on the basis of the national or regional average value of payment entitlements in the year of allocation.
7.  Where a farmer is entitled to receive payment entitlements or increase the value of the existing ones by virtue of a definitive court’s ruling or by virtue of a definitive administrative act of the competent authority of a Member State, the farmer shall receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the Member State. However, this date shall not be later than the latest date for lodging an application under the basic payment scheme following the date of the court’s ruling or the administrative act, taking into account the application of Articles 25 and 26.
7.  Where a farmer is entitled to receive payment entitlements or increase the value of the existing ones by virtue of a definitive court’s ruling or by virtue of a definitive administrative act of the competent authority of a Member State, the farmer shall receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the Member State. However, this date shall not be later than the latest date for lodging an application under the basic payment scheme following the date of the court’s ruling or the administrative act, taking into account the application of Articles 25 and 26.
Amendment 56
Proposal for a regulation
Article 25 – paragraph 1
1.  Support under the basic payment scheme shall be granted to farmers upon activation, by means of declaration in accordance with Article 26(1), of a payment entitlement per eligible hectare in the Member State where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions in accordance with Article 7, 37(2) and 51(1), and any reductions and exclusions imposed pursuant to Regulation (EU) No […] [HZR].
1.  Support under the basic payment scheme shall be granted to farmers upon activation, by means of declaration in accordance with Article 26(1), of a payment entitlement per eligible hectare in the Member State where it has been allocated. Activated payment entitlements shall give a right to the annual payment of the amounts fixed therein, without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions in accordance with Article 7, 37(2) and 51(1), and any reductions and exclusions imposed pursuant to Regulation (EU) No […] [HZR]. By way of derogation from the first sentence, Member States that apply the single area payment scheme in 2013 may continue to apply the model for the implementation of the basic payment scheme.
Amendment 57
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3 a (new)
For the purposes of point (a) of the first subparagraph, Member States may apply, according to objective and non-discriminatory criteria, a reduction coefficient for areas with lower yield potential or specific productions when determining the size of the eligible agricultural area.

Amendment 58
Proposal for a regulation
Article 27 – paragraph 2 a (new)
2 a. Where payment entitlements are sold without land, Member States may, acting in compliance with the general principles of Union law, decide that part of the payment entitlements sold revert to the national reserve or that their unit value is reduced in favour of the national reserve.

Amendment 59
Proposal for a regulation
Article 28 – paragraph 1 – point e
(e) criteria to be applied by Member States to allocate payment entitlements to farmers who did not activate any entitlement in 2011 or did not claim support under the single area payment scheme in 2011 as provided for in Article 21(2) and to allocate payment entitlements in case of application of the contract clause referred to in Article 21(3);
(e) criteria to be applied by Member States to allocate payment entitlements to farmers who did not activate any entitlement in any one of the years 2009, 2010 or 2011 or did not claim support under the single area payment scheme in any of one the years 2009, 2010 or 2011 as provided for in Article 21(2) and to allocate payment entitlements in case of application of the contract clause referred to in Article 21(3), with the exception of new farmers and young farmers;
Amendment 60
Proposal for a regulation
Article 28 – point g
(g) rules on the declaration and activation of payment entitlements;
(g) rules on the content of the declaration and on the requirements for the activation of payment entitlements;
Amendment 61
Proposal for a regulation
Chapter 1 a (new)
CHAPTER 1A

COMPLEMENTARY PAYMENT FOR THE FIRST HECTARES

Article 28a

General rules

1.  Member States may decide to grant a complementary annual payment to farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
2.  Member States shall determine the number of first hectares eligible for this provision, which shall correspond to the number of entitlements activated by the farmer in accordance with Article 26(1), up to a limit of 50 hectares.
3.  In order to finance this provision, Member States shall use an amount up to a maximum of 30% of their annual national ceiling set out in Annex II.
4.  Member States shall calculate each year the amount of complementary payment for the first hectares by dividing the amount referred to in paragraph 3 by the total number of hectares benefiting from this payment.
5.  Member States shall ensure that no payment is made to farmers who, after the publication of the Commission proposal for this Regulation, are shown to have artificially created the conditions in order to benefit from the payment referred to in this Article.
6.  Member States shall notify the Commission, by 1 August 2013, of their decisions referred to in paragraphs 1, 2 and 3.
Amendment 63
Proposal for a regulation
Article 30
Article 30

Article 30

Crop diversification

Crop diversification

1.  Where the arable land of the farmer covers more than 3 hectares and is not entirely used for grass production (sown or natural), entirely left fallow or entirely cultivated with crops under water for a significant part of the year, cultivation on the arable land shall consist of at least three different crops. None of those three crops shall cover less than 5 % of the arable land and the main one shall not exceed 70 % of the arable land.
1.  Where the arable land of the farmer covers between 10 and 30 hectares, cultivation on the arable land shall consist of at least two different crops. None of those crops shall cover more than 80 % of the arable land.
Where the arable land of the farmer covers more than 30 hectares, cultivation on the arable land shall consist of at least three different crops except for holdings situated north of the 62nd parallel. The main crop shall not cover more than 75 % of the arable land and together the two main crops shall not cover more than 95 % of the arable land.

2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of 'crop' and the rules concerning the application of the precise calculation of shares of different crops.
2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the definition of 'crop' and the rules concerning the application of the precise calculation of shares of different crops.
Amendment 64
Proposal for a regulation
Article 31
Article 31

Article 31

Permanent grassland

Permanent grassland and permanent pasture

1.  Farmers shall maintain as permanent grassland the areas of their holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, hereinafter referred to as ‘reference areas under permanent grassland’.
1.  Member States shall ensure that the ratio of the land under permanent grassland and permanent pasture to the total agricultural area is maintained. Member States may apply this obligation at national, regional or sub regional level.
For the purpose of the first subparagraph, land under permanent grassland and permanent pasture shall be considered to correspond to the areas of the holdings declared as such in the application made pursuant to Article 74(1) of Regulation (EU) No XXX (HZ) for claim year 2014, and shall hereinafter referred to as ‘reference areas under permanent grassland and permanent pasture’.

The reference areas under permanent grassland shall be increased in cases where the farmer has an obligation to reconvert areas into permanent grassland in 2014 and/or in 2015 as referred to in Article 93 of Regulation (EU) No […] HZR.

The reference areas under permanent grassland and permanent pasture shall be increased in cases where the farmer has an obligation to reconvert areas into permanent grassland in 2014 and/or in 2015 as referred to in Article 93 of Regulation (EU) No […] HZR.

2.  Farmers shall be allowed to convert a maximum of 5 % of their reference areas under permanent grassland. That limit shall not apply in the case of force majeure or exceptional circumstances.
2.  Conversion of a maximum of 5% of the reference areas under permanent grassland and permanent pasture shall be allowed, with the exception of carbon rich soils, wetlands and semi natural grassland and pastures. Under exceptional circumstances, this percentage may be increased to 7%.
3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland as laid down in the second subparagraph of paragraph 1, the renewal of permanent grassland, the reconversion of agricultural area into permanent grassland in case the authorised decrease referred to in paragraph 2 is exceeded, as well as the modification of the reference areas under permanent grassland in case of transfer of land.
3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down rules concerning the increase of reference areas under permanent grassland and permanent pasture as laid down in the third subparagraph of paragraph 1, the renewal of permanent grassland and permanent pasture, the reconversion of agricultural area into permanent grassland and permanent pasture in the case that the authorised decrease referred to in paragraph 2 is exceeded, as well as concerning the exceptional circumstances referred to in paragraph 2 and the modification of the reference areas under permanent grassland and permanent pasture, in the case of the transfer of land.
Amendment 65
Proposal for a regulation
Article 32
Article 32

Article 32

Ecological focus area

Ecological focus area

1.  Farmers shall ensure that at least 7% of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland, is ecological focus area such as land left fallow, terraces, landscape features, buffer strips and afforested areas as referred to in article 25(2)(b)(ii).
1.  Where the arable land covers more than 10 hectares, farmers shall ensure, during the first year of implementation of the present regulation, that at least 3% of their eligible hectares as defined in Article 25(2), excluding areas under permanent grassland and permanent pasture and permanent crops, is ecological focus area such as land left fallow, terraces, landscape features including hedgerows, ditches, stonewalls, in field trees and ponds, land planted with nitrogen-fixing crops, buffer strips and afforested areas as referred to in article 25(2)(b)(ii). Farmers may apply this measure to their entire holding.
Farmers may use an ecological focus area for production without utilisation of pesticide or fertiliser application.

From 1 January 2016, the percentage indicated in the first subparagraph shall be raised to 5%.

1a.  Before 31 March 2017, the Commission shall present an evaluation report of the measures under paragraph 1 to the European Parliament and the Council; accompanied by the necessary legislative proposals, in order to increase, if appropriate, up to 7% the percentage mentioned in paragraph 1 for the year 2018 and after taking into account the impact on the environment and agricultural production.
1b.  By way of derogation from paragraph 1, from 1 January 2016, Member States may decide to implement up to three percentage points of the ecological focus areas at a regional level in order to obtain adjacent ecological areas.
1c.  Farmers may lease back from the local authority an agricultural area of high nature value which has entered public ownership as a result of land consolidation or similar procedures and may designate it as ecological focus area provided that it meets the criteria set out in paragraph 1.
1d.  Ecological focus areas may be weighted on the basis of their ecological significance. The Commission shall approve the set of weighting coefficients submitted by Member Sates taking into account equivalent environmental and climatic performance criteria.
2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the types of ecological focus areas referred to in paragraph 1 of this Article and to add and define other types of ecological focus areas that can be taken into account for the respect of the percentage referred to in that paragraph.
2.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 to further define the types of ecological focus areas referred to in paragraph 1 of this Article, to lay down an Union-wide framework of weighting coefficients for the purpose of calculating the hectares represented by the various types of ecological focus area referred to in paragraph 1d of this Article and to add and define other types of ecological focus areas that may be taken into account when assessing the percentage referred to in paragraph 1 of this Article and defining the regional level referred to in paragraph 1b of this Article.
Amendment 66
Proposal for a regulation
Article 34 – paragraph 4
4.  The payment per hectare referred to in paragraph 1 shall be calculated by dividing the amount resulting from the application of Article 35 by the number of eligible hectares declared according to Article 26(1) which are situated in the areas to which Member States decided to grant a payment in accordance with paragraph 2 of this Article.
4.  The payment per hectare referred to in paragraph 1 shall be calculated by dividing the amount resulting from the application of Article 35 by the number of eligible hectares declared according to Article 26(1) to which Member States decided to grant a payment in accordance with paragraph 2 of this Article.
Amendment 67
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 a (new)
Member States may vary the payment per hectare on the basis of objective and non-discriminatory criteria.

Amendment 68
Proposal for a regulation
Article 34 – paragraph 4 – subparagraph 1 b (new)
If they apply the first subparagraph, Member States may set the maximum number of hectares per holding which are to be taken into account for the payment.

Amendment 69
Proposal for a regulation
Article 35 – paragraph 2
2.  According to the percentage of the national ceiling to be used by Member States pursuant to paragraph 1, the Commission shall, by means of implementing acts, fix the corresponding ceiling for that payment on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
2.  According to the percentage of the national ceiling to be used by Member States pursuant to paragraph 1, the Commission shall be empowered to adopt delegated acts, in accordance with Article 55, to fix the corresponding ceiling for that payment on a yearly basis.
Amendment 70
Proposal for a regulation
Article 36
Article 36

Article 36

General rules

General rules

1.  Member States shall grant an annual payment to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
1.  Member States shall grant an annual payment, subject to the conditions laid down in this Chapter, to young farmers who are entitled to a payment under the basic payment scheme referred to in Chapter 1.
2.  For the purposes of this Chapter, 'young farmers', shall mean:
2.  For the purposes of this Chapter, 'young farmers', shall mean:
(a) natural persons who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application to the basic payment scheme as referred in Article 73(1) of Regulation (EU) No […] [HZR], and
(a) natural persons who are setting up for the first time an agricultural holding as head of the holding, or who have already set up such a holding during the five years preceding the first submission of an application to the basic payment scheme as referred in Article 73(1) of Regulation (EU) No […] [HZR], and
(b) who are less than 40 years of age at the moment of submitting the application referred to in point (a).
(b) who are less than 40 years of age at the moment of submitting the application referred to in point (a).
(ba)  Member States may determine additional objective and non-discriminatory criteria that young farmers are to fulfil as regards, in particular, appropriate skills, experience and/or training requirements.
3.  Without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No […] [HZR], the payment referred to in paragraph 1 of this Article shall be granted annually upon activation of payment entitlements by the farmer.
3.  Without prejudice to the application of financial discipline, progressive reduction and capping, linear reductions as referred in Article 7, and any reductions and exclusions imposed pursuant to Article 65 of Regulation (EU) No […] [HZR], the payment referred to in paragraph 1 of this Article shall be granted annually upon activation of payment entitlements by the farmer.
4.  The payment referred to in paragraph 1 shall be granted per farmer for a period of maximum five years. That period shall be reduced by the number of years elapsed between the setting up and the first submission of the application referred to in point (a) of paragraph 2.
4.  The payment referred to in paragraph 1 shall be granted per farmer for a period of maximum five years. That period shall be reduced by the number of years elapsed between the setting up and the first submission of the application referred to in point (a) of paragraph 2.
5.  Member States shall calculate each year the amount of the payment referred to in paragraph 1 by multiplying a figure corresponding to 25% of the average value of the payment entitlements held by the farmer by the number of entitlements he has activated in accordance with Article 26(1).
5.  Member States shall calculate each year the amount of the payment referred to in paragraph 1 by multiplying a figure corresponding to 25 % of the average value of the payment entitlements in the Member State or region concerned by the number of entitlements the farmer he has activated in accordance with Article 26(1).
When applying the first subparagraph, Member States shall respect the following maximum limits in the number of activated payment entitlements that are to be taken into account:

When applying the first subparagraph, Member States shall fix a limit which may be up to a maximum of 100 hectares.

(a) in Member States where the average size of agricultural holdings as set out in Annex VI is lower than, or equal to, 25 hectares, a maximum of 25;
(b) in Member States where the average size of agricultural holdings as set out in Annex VI is higher than 25 hectares, a maximum that shall be no less that 25 and no greater than that average size.
6.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the conditions under which a legal person may be considered eligible for receiving the payment referred to in paragraph 1, in particular the application of the age-limit set out in paragraph 2(b) to one ore more natural persons participating in the legal person.
6.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 concerning the conditions under which a legal person may be considered eligible for receiving the payment referred to in paragraph 1, in particular the application of the age-limit set out in paragraph 2(b) to one ore more natural persons participating in the legal person.
Amendment 71
Proposal for a regulation
Article 37
Article 37

Article 37

Financial provisions

Financial provisions

1.  In order to finance the payment referred to in Article 36, Member States shall use a percentage of the annual national ceiling set out in Annex II which shall not be higher than 2%. They shall notify the Commission, by 1 August 2013, of the estimated percentage necessary to finance that payment.
1.  In order to finance the payment referred to in Article 36, Member States shall use 2 % of the annual national ceiling set out in Annex II.
Where the estimated percentage necessary to finance the payment referred to in Article 36 is lower than 2 %, Member States may allocate the remainder of the respective amounts in order to linearly increase the value of payment entitlements of the national reserve, giving priority to young farmers and new farmers in accordance with Article 23(4).

By way of derogation from the first subparagraph, Member States may decide to increase the percentage mentioned in that subparagraph in order to give priority to chosen beneficiaries at national level, based on objective and non-discriminatory criteria. Such decision shall be notified to the Commission before 1 August 2013.

Member States may, by 1 August 2016, review their estimated percentage with effect from 1 January 2017. They shall notify the Commission of the reviewed percentage by 1 August 2016.

Member States may, by 1 August 2016, review their estimated percentage necessary to finance the payment referred to in Article 36 with effect from 1 January 2017. They shall notify the Commission of the reviewed percentage by 1 August 2016.

2.  Without prejudice to the maximum of 2% set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2% of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25.
2.  Without prejudice to the maximum of 2% set under paragraph 1, where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling is lower than 2% of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to all payments to be granted to all farmers in accordance with Article 25.
3.  Where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling amounts to 2% of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with Article 36 in order to comply with that ceiling.
3.  Where the total amount of the payment applied for in a Member State in a particular year exceeds the ceiling set pursuant to paragraph 4, and where that ceiling amounts to 2% of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with Article 36 in order to comply with that ceiling.
4.  On the basis of the estimated percentage notified by Member States pursuant to paragraph 1, the Commission shall, by means of implementing acts, set the corresponding ceiling for the payment referred to in Article 36 on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
4.  On the basis of the estimated percentage notified by Member States pursuant to paragraph 1, the Commission shall, by means of implementing acts, set the corresponding ceiling for the payment referred to in Article 36 on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
Amendment 72
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2
Coupled support may be granted to the following sectors and productions: cereals, oilseeds, protein crops, grain legumes, flax, hemp, rice, nuts, starch potato, milk and milk products, seeds, sheepmeat and goatmeat, beef and veal, olive oil, silk worms, dried fodder, hops, sugar beet, cane and chicory, fruit and vegetables and short rotation coppice.

Coupled support may be granted to the sectors and productions referred to in Annex I to the Treaty, with the exception of fisheries products.

Amendment 73
Proposal for a regulation
Article 38 – paragraph 1 – subparagraph 2 a (new)
Appropriations earmarked for coupled payments shall be allocated as a matter of priority to productions in respect of which coupled payments were made during the period 2010-2013 under Articles 68, 101 and 111 of Regulation (EC) No 73/2009.

Amendment 74
Proposal for a regulation
Article 38 – paragraph 3 a (new)
3a.  Members States may grant coupled support to farmers with special entitlements in 2010 in accordance with Articles 60 and 65 of Regulation (EC) No 73/2009 independently of the basic payment referred to in Title III, Chapter 1 of this Regulation.
Amendment 75
Proposal for a regulation
Article 38 – paragraph 3 b (new)
3b.  Member States may grant coupled support to livestock farmers who do not own the majority of the land they farm.
Amendment 76
Proposal for a regulation
Article 38 – paragraph 3 c (new)
3c.  The Commission shall be empowered to adopt delegated acts in accordance with Article 55 laying down the transitional measures to be applied to these farmers.
Amendment 77
Proposal for a regulation
Article 38 – paragraph 4 – subparagraph 1 a (new)
By way of derogation from the first subparagraph, the limit for the grant of coupled support may be extended beyond that required to maintain existing production levels, provided that the purpose of the coupled support is environmental. The Member State concerned shall set such a limit in accordance with specified environmental objectives or challenges. The limit thus set shall be notified to the Commission in accordance with Article 40 and shall be approved in accordance with Article 41.

Amendment 78
Proposal for a regulation
Article 39 – paragraph 1
1.  In order to finance the voluntary coupled support, Member States may decide, by 1 August of the year preceding the first year of implementation of such support, to use up to 5 % of their annual national ceiling set out in Annex II.
1.  In order to finance the voluntary coupled support, Member States may decide, by 1 August of the year preceding the first year of implementation of such support, to use up to 15 % of their annual national ceiling set out in Annex II.
Amendment 79
Proposal for a regulation
Article 39 – paragraph 1 a (new)
1a.  The percentage of the national ceiling referred to in paragraph 1 may be increased by three percentage points for those Member States which decide to use at least 3 % of their national ceiling as defined in Annex II in order to support the production of protein crops under this Chapter.
Amendment 80
Proposal for a regulation
Article 39 – paragraph 2
2.  By way of derogation from paragraph 1, Member States may decide to use up to 10 % of the annual national ceiling set out in Annex II provided that:
deleted
(a) they applied, until 31 December 2013, the single area payment scheme as laid down in Title V of Regulation (EC) No 73/2009, or financed measures under Article 111 of that Regulation, or are concerned by the derogation provided for in Article 69(5), or, in the case of Malta, in Article 69(1) of that Regulation; and/or
(b) they allocated, during at least one year in the period 2010-2013, more than 5 % of their amount available for granting the direct payments provided for in Titles III, IV and V of Regulation (EC) No 73/2009, with the exception of Section 6 of Chapter 1 of Title IV, for financing the measures laid down in Section 2 of Chapter 2 of Title III of Regulation (EC) No 73/2009, the support provided for in points (i) to (iv) of paragraph 1(a) and paragraphs 1(b) and (e) of Article 68 of that Regulation, or the measures under Chapter 1, with the exception of Section 6, of Title IV of that Regulation.
Amendment 82
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
4.  Member States may, by 1 August 2016, review their decision pursuant to paragraphs 1, 2 and 3 and decide, with effect from 2017:
4.  Member States may, by 1 August 2016, review their decision pursuant to paragraphs 1 and 1a, and decide, with effect from 2017:
Amendment 83
Proposal for a regulation
Article 39 – paragraph 4 – point a
(a) to increase the percentage fixed pursuant to paragraphs 1 and 2, within the limits laid down therein where applicable, and, where appropriate, modify the conditions for granting the support;
(a) to increase the percentage fixed pursuant to paragraphs 1 and 1a, within the limits laid down therein where applicable, and, where appropriate, modify the conditions for granting the support;
Amendment 84
Proposal for a regulation
Article 39 – paragraph 5
5.  On the basis of the decision taken by each Member State pursuant to paragraphs 1 to 4 on the proportion of the national ceiling to be used, the Commission shall, by means of implementing acts, fix the corresponding ceiling for the support on a yearly basis. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
5.  On the basis of the decision taken by each Member State pursuant to paragraphs 1, 1a and 4 on the proportion of the national ceiling to be used, the Commission shall be empowered to adopt delegated acts, in accordance with Article 55, to fix the corresponding ceiling for the support on a yearly basis.
Amendment 85
Proposal for a regulation
Article 39 a (new)
Article 39a

Optional additional national support

1.  Member States which decide to introduce voluntary coupled support in the suckler cow sector in accordance with Article 38 may grant an additional national premium to farmers to top up the coupled support they receive for the same calendar year.
2.  Member States shall notify farmers of the conditions governing the award of this additional national support at the same time as and using the same arrangements as for the notification of the coupled support.
Amendment 86
Proposal for a regulation
Article 41 – paragraph 1 – introductory part
1.  The Commission shall, by means of an implementing act, approve the decision referred to in Article 39(3), or, where appropriate, in Article 39(4)(a), where one of the following needs in the region or sector concerned is demonstrated:
1.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 55, to approve the decision referred to in Article 39(4)(a), where one of the following needs in the region or sector concerned is demonstrated:
Amendment 87
Proposal for a regulation
Article 47
Article 47

Article 47

General rules

General rules

1.  Farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1) may opt for participation in a simplified scheme under the conditions laid down in this Title, hereinafter referred to as 'small farmers scheme'.
1.  Member States may set up a simplified small farmers scheme in accordance with the conditions laid down in this Title. If a Member State applies such a scheme, farmers holding payment entitlements allocated in 2014 pursuant to Article 21 and fulfilling the minimum requirements provided for in Article 10(1) shall participate in the simplified scheme under the conditions laid down in this Title, (‘small farmers scheme’).
Farmers entitled pursuant to Titles III and IV to payments of less than EUR 1 500 shall automatically be included in such small farmers scheme.

2.  Payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV.
2.  Payments under the small farmers scheme shall replace the payments to be granted pursuant to Titles III and IV.
3.  Farmers participating in the small farmers scheme shall be exempted from the agricultural practises provided for in Chapter 2 of Title III.
3.  Farmers participating in the small farmers scheme shall be exempted from the agricultural practises provided for in Chapter 2 of Title III.
4.  Member States shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they divide their holding with the sole purpose of benefiting from the small farmers scheme. This shall also apply to farmers whose holdings result from that division.
4.  Member States shall ensure that no payment is made to farmers for whom it is established that, as from the date of publication of the Commission proposal for this Regulation, they divide their holding with the sole purpose of benefiting from the small farmers scheme. This shall also apply to farmers whose holdings result from that division.
Amendment 88
Proposal for a regulation
Article 48
Article 48

Article 48

Participation

Participation

Farmers wishing to participate in the small farmers scheme shall submit an application by 15 October 2014.

The list of farmers referred to in Article 47(1) shall be notified to the Commission by national authorities by 15 October 2014.

Farmers not having applied for participation in the small farmers scheme by 15 October 2014 or deciding to withdraw from it after that date or selected for support under Article 20(1)(c) of Regulation (EU) No […] [RDR] shall no longer have the right to participate in that scheme.

Farmers referred to in Article 47(1) who decide to withdraw from the small farmers scheme after that date or selected for support under Article 20(1)(c) of Regulation (EU) No […] [RDR] shall no longer have the right to participate in that scheme.

Amendment 89
Proposal for a regulation
Article 49
Article 49

Article 49

Amount of the payment

Amount of the payment

1.  Member States shall set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3:
1.  Member States shall set the amount of the annual payment for the small farmers scheme at one of the following levels, subject to paragraphs 2 and 3:
(a) an amount not exceeding 15% of the national average payment per beneficiary;
(a) an amount not exceeding 25% of the national average payment per beneficiary;
(b) an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to the number of hectares with a maximum of three.
(b) an amount corresponding to the national average payment per hectare multiplied by a figure corresponding to the number of hectares with a maximum of five.
By way of derogation from subparagraph 1, Member States may decide that the annual payment is to be equal to the amount that the farmer would be entitled to under Article 18, Article 29, Article 34, Article 36 and Article 38 in the year of entering into the scheme, but not higher than EUR 1 500.

The national average referred to in point (a) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of farmers having obtained payment entitlements pursuant to Article 21(1).

The national average referred to in point (a) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of farmers having obtained payment entitlements pursuant to Article 21(1).

The national average referred to in point (b) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of eligible hectares declared in accordance with Article 26 in 2014.

The national average referred to in point (b) of the first subparagraph shall be established by the Member States on the basis of the national ceiling set in Annex II for calendar year 2019 and the number of eligible hectares declared in accordance with Article 26 in 2014.

2.  The amount referred to in paragraph 1 shall not be lower than EUR 500 and not be higher than EUR 1 000. Without prejudice to Article 51(1), where the application of paragraph 1 results in an amount lower than EUR 500 or higher than EUR 1 000, the amount shall be rounded up or down, respectively, to the minimum or maximum amount.
2.  The amount referred to in paragraph 1 shall not be lower than EUR 500 and not be higher than EUR 1 500. Without prejudice to Article 51(1), where the application of paragraph 1 results in an amount lower than EUR 500 or higher than EUR 1 500, the amount shall be rounded up or down, respectively, to the minimum or maximum amount.
3.  By way of derogation from paragraph 2, in Croatia, Cyprus and Malta the amount referred to in paragraph 1 may be set at a value lower than EUR 500, but not less than EUR 200.
3.  By way of derogation from paragraph 2, in Croatia, Cyprus and Malta the amount referred to in paragraph 1 may be set at a value lower than EUR 500, but not less than EUR 200.
Amendment 90
Proposal for a regulation
Article 51
Article 51

Article 51

Financial provisions

Financial provisions

1.  In order to finance the payment referred to in this Title, Member States shall deduct the amounts corresponding to the amounts to which the small farmers would be entitled as a basic payment referred to in Chapter 1 of Title III, as a payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III and, where applicable, as a payment for areas with natural constraints referred to in Chapter 3 of Title III, as a payment for young farmers referred to in Chapter 4 of Title III and as coupled support referred to in Title IV from the total amounts available for the respective payments.
1.  In order to finance the payment referred to in this Title, Member States shall deduct the amounts corresponding to the amounts to which the small farmers would be entitled as a basic payment referred to in Chapter 1 of Title III, as a payment for agricultural practises beneficial for the climate and the environment referred to in Chapter 2 of Title III and, where applicable, as a payment for areas with natural constraints referred to in Chapter 3 of Title III, as a payment for young farmers referred to in Chapter 4 of Title III and as coupled support referred to in Title IV from the total amounts available for the respective payments.
The difference between the sum of all payments due under the small farmers scheme and the total amount financed in accordance with the first sub-paragraph shall be financed by applying a linear reduction to all payments to be granted in accordance with Article 25.

The difference between the sum of all payments due under the small farmers scheme and the total amount financed in accordance with the first sub-paragraph shall be financed by applying a linear reduction to all payments to be granted in accordance with Article 25.

Member States that exercise the option laid down in Article 20(1) may apply different reduction rates at regional level.

The elements on the basis of which the amounts referred to in the first subparagraph are established shall remain the same for the entire duration of the participation of the farmer in the scheme.

The elements on the basis of which the amounts referred to in the first subparagraph are established shall remain the same for the entire duration of the participation of the farmer in the scheme.

2.  If the total amount of payments due under the small farmers scheme exceeds 10 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with this Title in order to respect that percentage.
2.  If the total amount of payments due under the small farmers scheme exceeds 15 % of the annual national ceiling set out in Annex II, Member States shall apply a linear reduction to the amounts to be paid in accordance with this Title in order to respect that percentage.
Amendment 91
Proposal for a regulation
Article 53 – paragraph 2 – point d a (new)
(da) arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;
Amendment 92
Proposal for a regulation
Article 53 – paragraph 3 – subparagraph 1 – point b
(b) arrangements for the management of the information to be notified, as well as rules on content, form, timing, frequency and deadlines of the notifications;
deleted
Amendment 93
Proposal for a regulation
Article 54 – paragraph 1
1.  The Commission shall, by means of implementing acts, adopt the measures which are both necessary and justifiable in an emergency, in order to resolve specific 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. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 56(2).
1.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 55, which are both necessary and justifiable in an emergency, in order to resolve specific problems. Such delegated acts may derogate from certain parts of this Regulation, but only to the extent that, and for such a period, as is strictly necessary.
Amendment 94
Proposal for a regulation
Article 54 – paragraph 2
2.  On duly justified imperative grounds of urgency relating to the measures referred to in paragraph 1, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 56(3).
2.  Where, in relation to the measures referred to in paragraph 1, imperative grounds of urgency so require, the procedure provided for in Article 55a shall apply to delegated acts adopted pursuant to this Article.
Amendment 95
Proposal for a regulation
Article 55 – paragraph 2
2.  The delegation of power referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time from the entry into force of this Regulation.
2.  The power to adopt delegated acts referred to in Articles [...] shall be conferred on the Commission for a period of five years from the entry into force of this Regulation. 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 month before the end of each period.
Amendment 96
Proposal for a regulation
Article 55 a (new)
Article 55a

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 55(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 by the Council.
Amendment 97
Proposal for a regulation
Article 58 a (new)
Article 58a

Reporting

By 1 March 2017, the Commission shall present a report to the European Parliament and to the Council on the implementation of this Regulation, accompanied, if necessary, by appropriate legislative proposals.

Amendment 98
Proposal for a regulation
Annex II

Text proposed by the Commission

(In thousands EUR)

Calendar year

2014

2015

2016

2017

2018

2019 and subsequent years

Belgium

553 521

544 065

534 632

525 205

525 205

525 205

Bulgaria

655 661

737 164

810 525

812 106

812 106

812 106

Czech Republic

892 698

891 875

891 059

890 229

890 229

890 229

Denmark

942 931

931 719

920 534

909 353

909 353

909 353

Germany

5 275 876

5 236 176

5 196 585

5 156 970

5 156 970

5 156 970

Estonia

108 781

117 453

126 110

134 749

134 749

134 749

Ireland

1 240 652

1 239 027

1 237 413

1 235 779

1 235 779

1 235 779

Greece

2 099 920

2 071 481

2 043 111

2 014 751

2 014 751

2 014 751

Spain

4 934 910

4 950 726

4 966 546

4 988 380

4 988 380

4 988 380

France

7 732 611

7 694 854

7 657 219

7 619 511

7 619 511

7 619 511

Croatia

111 900

130 550

149 200

186 500

223 800

261 100

Italy

4 023 865

3 963 007

3 902 289

3 841 609

3 841 609

3 841 609

Cyprus

52 273

51 611

50 950

50 290

50 290

50 290

Latvia

163 261

181 594

199 895

218 159

218 159

218 159

Lithuania

396 499

417 127

437 720

458 267

458 267

458 267

Luxemburg

34 313

34 250

34 187

34 123

34 123

34 123

Hungary

1 298 104

1 296 907

1 295 721

1 294 513

1 294 513

1 294 513

Malta

5 316

5 183

5 050

4 917

4 917

4 917

Netherlands

806 975

792 131

777 320

762 521

762 521

762 521

Austria

707 503

706 850

706 204

705 546

705 546

705 546

Poland

3 038 969

3 066 519

3 094 039

3 121 451

3 121 451

3 121 451

Portugal

573 046

585 655

598 245

610 800

610 800

610 800

Romania

1 472 005

1 692 450

1 895 075

1 939 357

1 939 357

1 939 357

Slovenia

141 585

140 420

139 258

138 096

138 096

138 096

Slovakia

386 744

391 862

396 973

402 067

402 067

402 067

Finland

533 932

534 315

534 700

535 075

535 075

535 075

Sweden

710 853

711 798

712 747

713 681

713 681

713 681

United-Kingdom

3 624 384

3 637 210

3 650 038

3 662 774

3 662 774

3 662 774

Amendment

 

2014

2015

2016

2017

2018

2019 and subsequent years

Belgium

554.701

548.646

542.261

535.640

535.640

535.640

Bulgaria

657.571

735.055

805.495

814.887

814.887

814.887

Czech Republic

891.307

892.742

893.686

894.054

894.054

894.054

Denmark

940.086

929.824

919.002

907.781

907.781

907.781

Germany

5.237.224

5.180.053

5.119.764

5.057.253

5.057.253

5.057.253

Estonia

113.168

125.179

137.189

149.199

149.199

149.199

Ireland

1.236.214

1.235.165

1.233.425

1.230.939

1.230.939

1.230.939

Greece

2.098.834

2.075.923

2.051.762

2.026.710

2.026.710

2.026.710

Spain

4.939.152

4.957.834

4.973.833

4.986.451

4.986.451

4.986.451

France

7.655.794

7.572.222

7.484.090

7.392.712

7.392.712

7.392.712

Croatia

111 900

130 550

149 200

186 500

223 800

261 100

Italy

4.024.567

3.980.634

3.934.305

3.886.268

3.886.268

3.886.268

Cyprus

52.155

51.585

50.985

50.362

50.362

50.362

Latvia

176.500

206.565

236.630

266.695

266.695

266.695

Lithuania

402.952

426.070

449.189

472.307

472.307

472.307

Luxemburg

33.943

33.652

33.341

33.015

33.015

33.015

Hungary

1.295.776

1.297.535

1.298.579

1.298.791

1.298.791

1.298.791

Malta

5.365

5.306

5.244

5.180

5.180

5.180

Netherlands

809.722

800.883

791.561

781.897

781.897

781.897

Austria

706.071

706.852

707.242

707.183

707.183

707.183

Poland

3.079.652

3.115.887

3.152.121

3.188.356

3.188.356

3.188.356

Portugal

582.466

598.550

614.635

630.719

630.719

630.719

Romania

1.485.801

1.707.131

1.928.460

2.002.237

2.002.237

2.002.237

Slovenia

140.646

139.110

137.491

135.812

135.812

135.812

Slovakia

391.608

397.576

403.543

409.511

409.511

409.511

Finland

533.451

535.518

537.295

538.706

538.706

538.706

Sweden

709.922

712.820

715.333

717.357

717.357

717.357

United-Kingdom

3.652.541

3.655.113

3.657.684

3.660.255

3.660.255

3.660.255


Single CMO Regulation (Decision on the opening of interinstitutional negotiations)
PDF 2089kWORD 332k
European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation) (COM(2011)0626/3 – C7-0339/2011 – COM(2012)0535 – C7-0310/2012 – 2011/0281(COD)2013/2529(RSP))
P7_TA(2013)0085B7-0080/2013

The European Parliament,

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

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

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

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

MANDATE

Text proposed by the Commission   Amendment
Amendment 1
Proposal for a regulation
Citation 3 a (new)
Having regard to the opinion of the Court of Auditors1,

1 OJ C ... / Not yet published in the Official Journal.
Amendment 2
Proposal for a regulation
Citation 4 a (new)
Having regard to the opinion of the Committee of the Regions1,

1 OJ C 225, 27.7.2012.
Amendment 3
Proposal for a regulation
Recital 1
(1)  The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EU) No [COM(2010)799] of […] establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation (EU) No [COM(2010)799] and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts.
(1)  The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC) ) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 1234/2007 and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts. Moreover, the reform shall continue in the direction of previous reforms towards greater competitiveness and market orientation.
Amendment 4
Proposal for a regulation
Recital 1 a (new)
(1a)  The implementation of this Regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regard to ensure that CAP measures do not jeopardise the food production capacity and long term food security in developing countries and the ability of their populations to feed themselves, while complying with the objectives of the Union's development cooperation policy under Article 208 of the Treaty on the Functioning of the European Union.
Amendment 5
Proposal for a regulation
Recital 1 b (new)
(1b)  One key aim of the common agricultural policy should be to guarantee food security and food sovereignty in the Member States, implying a need, as regards production, for regulation and distribution systems that allow countries and regions to develop their production in a manner that enables them, as far as possible, to meet their needs. In addition, it is of vital importance to redress the balance of power within the food production chain in favour of producers.
Amendment 6
Proposal for a regulation
Recital 2
(2)  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
(2)  In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission to enable it to supplement or modify certain non-essential elements of the present Regulation. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 7
Proposal for a regulation
Recital 3
(3)  Pursuant to Article 43(3) of the Treaty on the Functioning of the European Union (the Treaty), the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis.
deleted
Amendment 8
Proposal for a regulation
Recital 4
(4)  This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is in certain cases inextricably linked to those basic elements.
(4)  This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is, as a general rule, inextricably linked to those basic elements.
Amendment 9
Proposal for a regulation
Recital 5 a (new)
(5a)  Account should be taken of the objectives set out by the European Commission for the future Common Agricultural Policy in the area of the sustainable management of natural resources, food security, agricultural activity across Europe, balanced regional development, the competitiveness of European farming and the simplification of the CAP.
Amendment 10
Proposal for a regulation
Recital 5 b (new)
(5b)  It is especially important for farmers that the administrative rules for implementing the Common Agricultural Policy are simplified , without this resulting in an excessive standardisation of the criteria that fails to take specific local and regional features into account.
Amendment 11
Proposal for a regulation
Recital 7
(7)  This Regulation and other acts adopted under Article 43 to the Treaty refer to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to such Regulations. The Commission should be able to adopt implementing measures to make such adjustments. In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed and the power integrated into the present Regulation.
(7)  This Regulation refers to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to this Regulation. The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission. In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed and a new adjustment procedure should be integrated into the present Regulation.
Amendment 12
Proposal for a regulation
Recital 11
(11)  In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of fixing the marketing years for those products.
deleted
Amendment 13
Proposal for a regulation
Recital 12 a (new)
(12a)  As an emergency measure, public intervention on the market should be pursued only with the aim of stabilising extreme price volatility due to temporary excess demand on the European market. It should not be used to stabilise structural excess production.
Amendment 14
Proposal for a regulation
Recital 13
(13)  For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support). In this context it should be understood that market intervention can take the form of public intervention as well as other forms of intervention that do not use ex-ante established price indications.
(13)  For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support). It should also be understood that market intervention can take the form of public intervention and aid for private storage, as well as other forms of intervention that do not, whether wholly or in part, use ex-ante established price indications.
Amendment 15
Proposal for a regulation
Recital 14
(14)  As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of intervention should be available during certain periods of the year and should be open during that period either on a permanent basis or should be opened depending on market prices.
(14)  As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of public intervention should be available, whenever there is a manifest need, and open, either on a permanent basis or depending on market prices.
Amendment 16
Proposal for a regulation
Recital 16
(16)  This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances and that ensures equal access to goods and equal treatment of purchasers.
(16)  This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances, ensures equal access to goods and equal treatment of purchasers and enables produce to be made available for the scheme for food distribution to the most deprived in the Union.
Amendment 17
Proposal for a regulation
Recital 16 a (new)
(16a)  The Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors are essential for the purposes of price recording and for the application of the intervention arrangements in those sectors. Moreover, they pursue the objective of improving market transparency.
Amendment 18
Proposal for a regulation
Recital 16 b (new)
(16b)  Aid for private storage should achieve its aims of stabilising markets and contributing to a fair standard of living for the agricultural community. It should therefore be triggered not only by indicators linked to market prices, but also in response to particularly difficult market conditions, above all those which have a significant impact on agricultural producers’ profit margins.
Amendment 19
Proposal for a regulation
Recital 22
(22)  In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors.
(22)  In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage, and in order to take account of the specific features found in the Union and of technical developments and sectoral requirements, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in order to adapt and update the scales used in the Union for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors.
Amendment 20
Proposal for a regulation
Recital 23 a (new)
(23a)  In order to strengthen and supplement the existing market management tools and to ensure their smooth operation, an instrument based on private supply management and the coordination of the various operators should be implemented. Through that instrument, recognised associations of producer organisations of an appropriate market size should have the option of withdrawing a product during the marketing year.
Amendment 21
Proposal for a regulation
Recital 23 b (new)
(23b)  To prevent this instrument having effects contrary to the objectives of the CAP or impairing the smooth operation of the internal market, the power to adopt acts in accordance with Article 290 of the Treaty, should be delegated to the Commission in respect of establishing rules on the operation and activation of the instrument. Furthermore, in order to ensure that this instrument is compatible with Union legislation, the power to adopt acts in accordance with Article 290 of the Treaty with regard to the rules on its financing should be delegated to the Commission, including the cases where it considers it would be appropriate to grant aid for private storage.
Amendment 22
Proposal for a regulation
Recital 25
(25)  The consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply to children in educational establishments of such products should therefore be promoted.
(25)  In order to promote the healthy eating habits of children, the consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply of such products to children in educational establishments, pre-schools and other establishments offering extracurricular activities should therefore be promoted. These schemes should also contribute to achieving the aims of the CAP, including raising farm incomes, stabilising markets and securing supply, both now and in the future.
Amendment 23
Proposal for a regulation
Recital 26
(26)  In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any national existing school fruit schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to the schemes with contributions from the private sector. In order to make their school fruit scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid.
(26)  In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any existing national school fruit, vegetable and milk product schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to any such national school fruit and vegetable schemes with contributions from the private sector. In order to make their school fruit and vegetable scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid.
Amendment 24
Proposal for a regulation
Recital 27
(27)  In order to promote the healthy eating habits of children, to ensure the efficient and targeted use of European Funds and to promote awareness of the scheme the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants; objective criteria for the allocation of aid between Member States, the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; and requiring participating Member States to publicise the subsidising role of the scheme.
(27)  In order to ensure that the scheme is implemented effectively to achieve the objectives set for it, to ensure the efficient and targeted use of European Funds and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit and vegetable scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants; additional criteria relating to the indicative allocation of aid and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; monitoring and evaluation; and establishing the conditions under which the Member States take action to publicise their participation in the aid scheme and draw attention to the subsidising role of the Union.
Amendment 25
Proposal for a regulation
Recital 28
(28)  In order to take account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market, to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid and the target group for the scheme; the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and requiring educational establishments to communicate the subsidising role of the scheme.
(28)  In order to ensure the effectiveness of the scheme in achieving the objectives set for it, to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States are to draw up in order to benefit from the aid and the target group for the scheme; the approval and selection of aid applicants; the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and establishing the conditions under which the Member States take action to publicise their participation in the aid scheme and draw attention to the subsidising role of the Union.
Amendment 26
Proposal for a regulation
Recital 28 a (new)
(28a)  The Commission should consider proposing, schemes designed to promote the consumption of products other than fruit and vegetables and dairy products in schools.
Amendment 27
Proposal for a regulation
Recital 29
(29)  The aid scheme for hop producer organisations is only used in one Member State. In order to create flexibility and to harmonise the approach in this sector with the other sectors, the aid scheme should be discontinued, with the possibility to support the producer organisations under rural development measures.
deleted
Amendment 28
Proposal for a regulation
Recital 31
(31)  In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive operator organisations respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of operator organisations for the purposes of the aid scheme, the suspension or withdrawal of such approval; the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes and concerning requiring the lodging of a security.
(31)  In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive producer organisations or interbranch organisations respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of producer organisations or interbranch organisations for the purposes of the aid scheme, and the refusal, suspension or withdrawal of such approval; the details of the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes; and concerning requiring the lodging of a security;
Amendment 29
Proposal for a regulation
Recital 32
(32)  This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand. Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing.
(32)  This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing as fresh produce and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand.
Amendment 30
Proposal for a regulation
Recital 33 a (new)
(33a)  In order to ensure that operational programmes in the fruit and vegetable sector are more effective, particularly crisis prevention and management measures, they should be implemented by structures of an appropriate market size. It is therefore important that associations of producer organisations are encouraged to present and manage operational programmes and crisis prevention and management measures, in whole or in part.
Amendment 31
Proposal for a regulation
Recital 35
(35)  Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support in the fruit and vegetables sector should be discontinued.
(35)  Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support for their establishment in the fruit and vegetables sector should be discontinued. This support should not distort the level playing field for farmers and their producer organisations on the internal market.
Amendment 32
Proposal for a regulation
Recital 40
(40)  One key measure eligible for national support programmes should be the promotion and marketing of Union wines in third countries. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment.
(40)  One key measure eligible for national support programmes should be the promotion and marketing of Union wines in the Union and in third countries. Support should also be available for research and development activities on account of their importance for the competitiveness of the European wine sector. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment.
Amendment 33
Proposal for a regulation
Recital 42
(42)  The provisions on support to vine-growers by way of allocation of payment entitlements as decided by Member States were made definitive. Therefore the only such support which may be provided is the one decided by Member States by 1 December 2013 under Article 137 of Regulation (EU) No [COM(2011)799] and under the conditions set out in that provision.
deleted
Amendment 34
Proposal for a regulation
Recital 43
(43)  In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; containing general provisions and definitions for the purposes of support programmes; to avoid misuse of the support measures and double funding of projects; under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries.
(43)  In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; to avoid misuse of the support measures and double funding of projects; under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries.
Amendment 35
Proposal for a regulation
Recital 44
(44)  Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the spread of varroasis in several Member States in recent years and the problems which that disease causes to honey production, action by the Union continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.
(44)  Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the increasing incidenceof certain types of hive invasions, and in particular of the spread of varroasis in several Member States in recent years and the problems which that disease causes to honey production, coordinated action by the Union as part of European veterinary policy continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve bee health and the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.
Amendment 36
Proposal for a regulation
Recital 45
(45)  In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of: the measures which may be included in apiculture programmes, rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State.
(45)  In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of: the details of the measures which may be included in apiculture programmes; rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State.
Amendment 37
Proposal for a regulation
Recital 48 a (new)
(48a)  One key measure eligible for national support programmes should be the promotion and marketing of Union agricultural products in the Union and in third countries.
Amendment 38
Proposal for a regulation
Recital 50
(50)  In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard.
(50)  In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard. Without prejudice to Union law and the smooth functioning of the internal market, the Member States should, however, retain the capacity to adopt or maintain national provisions for sectors or products subject to the general marketing standard or for sectors or products subject to specific marketing standards, in the case of elements not expressly harmonised under this Regulation.
Amendment 39
Proposal for a regulation
Recital 53 a (new)
(53a)  The marketing standards should be clearly divided between obligatory rules and optional reserved terms. The optional reserved terms should continue to support the aims of the marketing standards and should thus be limited in scope to the products listed in Annex I to the Treaties.
Amendment 40
Proposal for a regulation
Recital 53 b (new)
(53b)  In the light of the objectives of this Regulation and in the interest of clarity, existing optional reserved terms should henceforth be governed by this Regulation.
Amendment 41
Proposal for a regulation
Recital 54
(54)  Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level, while taking into account the specificities of some sectors, in particular concerning processed agricultural products.
(54)  Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level, without forgetting that incomplete and incorrect information can affect the economic and productive fabric of the area concerned, while taking into account the regional specificities of some sectors, in particular concerning processed agricultural products.
Amendment 42
Proposal for a regulation
Recital 56
(56)  It is appropriate to provide for special rules in respect of products imported from third countries if national provisions in force in third countries justify derogations from the marketing standards if their equivalence to Union legislation is guaranteed.
(56)  It is appropriate to provide for special rules in respect of products imported from third countries, to be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, which define the conditions under which imported products are to be considered to provide an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules requiring that products are to be marketed in the Union only in accordance with such standards. It is also appropriate to determine the rules relating to the application of the marketing standards applicable to the products exported from the Union.
Amendment 43
Proposal for a regulation
Recital 58
(58)  In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of acts to adopt, modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it.
(58)  In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to adopt detailed rules concerning the general marketing standard, and to modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it.
Amendment 44
Proposal for a regulation
Recital 61
(61)  In order to take account of the specificities in trade between the Union and certain third countries, the special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard and concerning rules which define the conditions under which imported products are considered as providing an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules that products be marketed in the Union only in accordance with such standards and determine the rules relating to the application of the marketing standards to products exported from the Union.
(61)  In order to take account of the special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard.
Amendment 45
Proposal for a regulation
Recital 69
(69)  In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the principles for the demarcation of the geographical area, and definitions, restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force.
(69)  In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission with regard to additional details concerning the demarcation of the geographical area, and restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force.
Amendment 46
Proposal for a regulation
Recital 70
(70)  In order to ensure adequate protection and that economic operators and competent authorities are not prejudiced by the application of this Regulation as regards wine names which have been granted protection prior to 1 August 2009, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of adoption restrictions regarding the protected name and in respect of transitional provisions concerning: wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009; preliminary national procedure; wines placed on the market or labelled before a specific date; and amendments to the product specifications.
deleted
Amendment 47
Proposal for a regulation
Recital 74
(74)  In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling and presentation.
(74)  In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling of exports and presentation.
Amendment 48
Proposal for a regulation
Recital 77
(77)  It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, for further oenological practices, the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV).
(77)  It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV), when making proposals on further oenological practices.
Amendment 49
Proposal for a regulation
Recital 82 a (new)
(82a)  For economic, social and environmental reasons and in the light of regional planning policy in rural areas with a wine-producing tradition, and going beyond the requirement to uphold the diversity, prestige and quality of European wine products, the present system of planting rights in the wine sector should be maintained until at least 2030.
Amendment 50
Proposal for a regulation
Recital 83
(83)  Specific instruments will still be needed after the end of the quota system to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established.
(83)  In the sugar sector specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established.
Amendment 51
Proposal for a regulation
Recital 84
(84)  In order to taking into account the specificities of the sugar sector and the interests of all parties, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.
(84)  In order to take into account the specificities of the sugar sector and the interests of all parties, provision should be made for a series of rules in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.
Amendment 52
Proposal for a regulation
Recital 84 a (new)
(84a)  To enable beet growers to complete their adaptation to the far-reaching reform carried out in the sugar sector in 2006 and to continue the efforts to become competitive that have been undertaken since then, the present quota system should be extended until the end of the 2019-2020 marketing year. In this context, the Commission should be allowed to allocate production quotas to Member States who renounced their entire quota in 2006.
Amendment 53
Proposal for a regulation
Recital 84 b (new)
(84b)  The considerable and recurrent tensions observed on the European sugar market call for a mechanism that, for as long as necessary, releases non-quota sugar onto the internal market applying the same conditions as for quota sugar. This mechanism should, at the same time, permit additional imports at zero duty in order to ensure sufficient raw materials are available on the Union sugar market and to preserve the structural balance of this market.
Amendment 54
Proposal for a regulation
Recital 84 c (new)
(84c)  In view of the definitive abolition of the quota system in 2020, the Commission should submit before 1 July 2018 a report to Parliament and the Council on the appropriate procedures for ending the current quota arrangements and on the future of the sector after the abolition of quotas in 2020, accompanied by any necessary proposals to prepare the entire sector for the period after 2020. Before 31 December 2014, the Commission should also submit a report on the functioning of the supply chain in the Union sugar sector.
Amendment 55
Proposal for a regulation
Recital 85
(85)  Producer organisations and their associations can play useful roles in concentrating supply and promoting best practices. Interbranch organisations can play important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency. Existing rules on the definition and recognition of such organisations and their associations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in EU law in all sectors.
(85)  Producer organisations and their associations can play useful roles in concentrating supply improving marketing, correcting imbalances in the value chain and promoting best practices, especially in achieving the objectives of Article 39 of the Treaty, in particular the stabilisation of producers’ income, inter alia by making risk management tools available to their members, by improving marketing, by concentrating supply and by negotiating contracts, thereby strengthening the producers’ negotiating power.
Amendment 56
Proposal for a regulation
Recital 85 a (new)
(85a)  Interbranch organisations can play an important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency.
Amendment 57
Proposal for a regulation
Recital 85 b (new)
(85b)  Existing rules on the definition and recognition of producers’ organisations, their associations, and interbranch organisations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in accordance with this Regulation for all sectors. In particular, it is essential that the recognition criteria and rules of association of producers’ organisations drawn up under Community rules ensure that such bodies are set up on the initiative of farmers, who democratically define the organisations’ general policy and take the decisions on their internal running.
Amendment 58
Proposal for a regulation
Recital 87
(87)   As regards live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.
(87)  Provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.
Amendment 59
Proposal for a regulation
Recital 88
(88)  In order to encourage action by producer organisation, their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures concerning live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used.
(88)  In order to encourage action by producer organisations, their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used.
Amendment 60
Proposal for a regulation
Recital 90
(90)  In the absence of Union legislation on formalised, written contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so the Union law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the Union, in the interests of subsidiarity, such a decision should remain with Member States. However, in the milk and milk products sector, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at the Union level. Since some dairy co-operatives may have rules with similar effect in their statues, in the interests of simplicity they should be exempted from the requirement for a contract. In order to ensure that any such system is effective it should apply equally where intermediate parties collect milk from farmers to deliver to processors.
deleted
Amendment 61
Proposal for a regulation
Recital 90 a (new)
(90a)  The use of formalised written contracts, concluded in advance of delivery, containing basic elements, is not widespread. However, such contracts may help to reinforce the responsibility of operators, as in the case of the dairy chain, and to increase awareness of the need to better take into account the signals of the market, to improve price transmission and to adapt supply to demand, as well as to help to avoid certain unfair commercial practices.
Amendment 62
Proposal for a regulation
Recital 90 b (new)
(90b)  In the absence of Union legislation concerning such contracts, Member States should be allowed, within their own systems of contract law, to make the use of such contracts compulsory, provided that, in doing so, Union law is respected and, in particular, that the proper functioning of the internal market and of the common market organisation is respected. In view of the diversity of the situations that exist across the Union in relation to contract law, in the interests of subsidiarity, such a decision should remain with Member States. Equal conditions should apply to all deliveries on a given territory. Therefore, if a Member State decides that every delivery in its territory to a processor by a farmer is to be covered by a written contract between the parties, that obligation should also apply to deliveries coming from other Member States, but it is not necessary for it to apply to deliveries to other Member States. In accordance with the principle of subsidiarity it should be left to Member States to decide whether to require a first purchaser to make a written offer to a farmer for such a contract.
Amendment 63
Proposal for a regulation
Recital 91
(91)  In order to ensure the rational development of production and thus a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to attain these CAP objectives, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price, for some or all of its members’ production with a dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits.
deleted
Amendment 64
Proposal for a regulation
Recital 91 a (new)
(91a)  In order to ensure the viable development of production and a fair standard of living for farmers, their bargaining power with respect to prospective purchasers should be strengthened, resulting in a fairer distribution of value added along the supply chain. In order to achieve these common agricultural policy objectives, a provision should be adopted pursuant to Articles 42 and, in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, that allows producer organisations consisting solely of farmers or their associations to negotiate the terms of any contracts , including prices, jointly for some or all of its members’ production with a purchaser so as to prevent purchasers imposing prices that are lower than the costs of production. However, only producer organisations which seek and obtain recognition should be eligible to benefit from that provision. In addition, that provision should not apply to cooperatives. Furthermore, existing producer organisations recognised under national law should become eligible for de facto recognition under this Regulation.
Amendment 65
Proposal for a regulation
Recital 91 b (new)
(91b)  In view of the importance of protected designations of origin (PDO) and protected geographical indications (PGI), notably for vulnerable rural regions, and in order to ensure the value added and to maintain the quality of, in particular, cheeses benefiting from PDO or PGI, and in the context of the expiring milk quota system, Member States should be allowed to apply rules to regulate the supply of such cheese produced in a defined geographical area. The rules should cover the entire production of the cheese concerned and should be requested by an interbranch organisation, a producer organisation or a group as defined in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. Such a request should be supported by a large majority of milk producers representing a large majority of the volume of milk used for that cheese and, in the case of interbranch organisations and groups, by a large majority of cheese producers representing a large majority of the production of that cheese. Moreover, these rules should be subject to strict conditions, in particular in order to avoid damage to the trade in products in other markets and to protect minority rights. Member States should immediately publish and notify to the Commission the adopted rules, ensure regular checks and repeal the rules in case of non-compliance.
Amendment 66
Proposal for a regulation
Recital 91 c (new)
(91c)  Pursuant to Regulation (EC) No 1234/2007, milk quotas will expire within a relatively short period after the entry into force of this Regulation. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of this scheme.
Amendment 67
Proposal for a regulation
Recital 91 d (new)
(91d)  When it was decided that milk quotas were to be abolished, a commitment was made to ensure a ‘soft landing’ for the milk and milk products sector. Regulation (EU) No 261/20121 on contractual relations in the milk and milk products sector represents a first step in that direction, and further legislation will also be needed. When there is a serious imbalance in the milk and milk products market, the Commission should therefore be authorised to grant aid to milk producers who voluntarily cut production, and to impose a levy on milk producers who increase production over the same period and in the same proportion.
1 OJ L 94, 30.3.12, p. 38.
Amendment 68
Proposal for a regulation
Recital 93
(93)  In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations, including derogations from those listed in this Regulation; the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations; outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn.
(93)  In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations, and, if necessary, may be added to those listed in this Regulation; the rules of association of organisations other than producer organisations, the specific conditions applicable to the rules of association of producer organisations in certain sectors, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations, including rules on providing administrative assistance where there is transnational cooperation; the conditions for the outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn; the specific conditions for implementing contractual arrangements and the specific amounts that may form the basis of contractual negotiations.
Amendment 69
Proposal for a regulation
Recital 94
(94)  A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.
(94)  A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market, without disrupting the markets of developing countries. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.
Amendment 70
Proposal for a regulation
Recital 94 a (new)
(94a)  However, the implementation of international agreements should not depart from the principle of reciprocity, particularly with regard to tariffs, health, plant health, the environment and animal welfare; in addition, it should be carried out so as to ensure strict compliance with the mechanisms for entry prices, specific additional duties and compensatory levies.
Amendment 71
Proposal for a regulation
Recital 96
(96)  In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required.
(96)  In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to modify and supplement the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required.
Amendment 72
Proposal for a regulation
Recital 100
(100)  In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for inclusion a check of the customs value against another value than the unit price.
(100)  In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for a check to be made of the customs value against the unit price or, where necessary, a check of the customs value against the flat-rate import value. The check on the customs value should under no circumstances be carried out using a deductive method which would reduce or prevent the imposition of specific additional duties.
Amendment 73
Proposal for a regulation
Recital 103 a (new)
(103a)  In order to facilitate the development and growth of the bio-based economy, and to prevent adverse effects on the Union market for bio-based industrial products that might otherwise arise, measures should be taken to ensure that producers of bio-based industrial products have access to secure supplies of agricultural raw materials at globally competitive prices. Where agricultural raw materials are imported into the Union free of import tariffs for use in the production of bio-based industrial products, measures should be taken to ensure that the raw materials are used for the declared purpose.
Amendment 74
Proposal for a regulation
Recital 105
(105)  The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union.
(105)  The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union and with its development cooperation policy.
Amendment 75
Proposal for a regulation
Recital 107
(107)  Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity.
(107)  Refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should be retained as a crisis management instrument for certain products falling within the scope of this Regulation, until the future of this instrument has been decided within the framework of the WTO, on the basis of reciprocity. The budget heading for export refunds should, therefore, provisionally be set at zero. When used, exportrefunds should be subject to limits in terms of value and quantity and should not jeopardise the development of agricultural sectors and economies in developing countries.
Amendment 76
Proposal for a regulation
Recital 120
(120)  In accordance with Article 42 of the Treaty the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) and (3) of the Treaty and in accordance with the procedure laid down therein.
(120)  In accordance with Article 42 of the Treaty, the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) of the Treaty and in accordance with the procedure laid down therein.
Amendment 77
Proposal for a regulation
Recital 121 a (new)
(121a)  More account should be taken of the specific characteristics of the agricultural sector in implementing Union competition rules, in particular to ensure that the tasks conferred on producer organisations, associations of producer organisations and interbranch organisations can be carried out correctly and effectively.
Amendment 78
Proposal for a regulation
Recital 121 b (new)
(121b)  In order to ensure uniform application of the provisions relating to competition law in this Regulation, thereby contributing to the smooth functioning of the internal market, the Commission should coordinate actions by the various national competition authorities . To this end the Commission should publish guidelines and good practice guides to assist the various national competition authorities, as well as undertakings of the agricultural and agri-food sector.
Amendment 79
Proposal for a regulation
Recital 122
(122)  A special approach should be allowed in the case of farmers’ or producer organisations or their associations the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises the attainment of the objectives of Article 39 of the Treaty.
(122)  A special approach should be allowed in the case of producer organisations or their associations, the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition. It is particularly important that the agreements, decisions and concerted practices of these organisations should be considered to be necessary for achieving the CAP objectives set out in Article 39 of the Treaty, and that Article 101(1) of the Treaty should not apply to such agreements unless there is exclusion of competition. In this case, the procedures laid down in Article 2 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty1 should apply, and, in all proceedings brought for exclusion of competition, the burden of proof should lie with the party or authority alleging the infringement.
1 OJ L 1, 4.1.2003, p. 1. With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and 102, respectively, of the Treaty.
Amendment 80
Proposal for a regulation
Recital 124
(124)  The proper working of the single market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures.
(124)  The proper functioning of the internal market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures.
Amendment 81
Proposal for a regulation
Recital 129
(129)  Member States should be allowed to continue to make national payments for nuts as currently provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation.
(129)  Member States should be allowed to continue to make national payments for nuts as provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation.
Amendment 82
Proposal for a regulation
Recital 131 a (new)
(131a)  Data collected by the Farm Accountancy Data Network should be taken into consideration when formulating studies and research with the aim of preventing crises in the various agricultural sectors, given that they reflect the performance of farms. These data should serve as a useful tool for crisis prevention and management.
Amendment 83
Proposal for a regulation
Recital 133
(133)  In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods.
(133)  In order to react efficiently and effectively against market disturbance caused by significant price rises or falls on internal or external markets or a substantial rise in production costs or any other factors affecting the market, where that situation is likely to continue or deteriorate, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods.
Amendment 84
Proposal for a regulation
Recital 135
(135)  Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should be empowered to adopt all the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources.
(135)  Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should to be empowered to adopt certain acts in accordance with Article 290 of the Treaty in respect of the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources and ensure compliance with the principle ‘that personal data are not to be further processed in a way that is incompatible with the original purpose of their collection’, as the European Data Protection Supervisor pointed out in his opinion of 14 December 20111.
1 OJ C 35, 9.2.2012, p. 1.
Amendment 85
Proposal for a regulation
Recital 137
(137)  Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data are applicable.
(137)  Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1 and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data2 are applicable.
1 OJ L 281, 23.11.1995, p. 31.
2 OJ L 8, 12.01.2001, p. 1.
Amendment 86
Proposal for a regulation
Recital 139
(139)  In order to ensure the smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799] to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings.
(139)  In order to ensure the smooth transition from the arrangements provided for in Regulation (EC) No 1234/2007 to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings.
Amendment 87
Proposal for a regulation
Recital 140
(140)  The use of urgency procedure should be reserved for exceptional cases where this proves to be necessary in order to react efficiently and effectively against threats of market disturbance or where market disturbances are occurring. The choice of an urgency procedure should be justified and the cases in which the urgency procedure should be used should be specified.
(140)  The urgency procedure should be used in order to react efficiently and effectively against certain market disturbances and against pests, animal and plant diseases, loss of consumer confidence due to public, animal or plant health risks, or in order to resolve specific problems.
Amendment 88
Proposal for a regulation
Recital 143
(143)  The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation, and resolving specific problems in an emergency, if such immediate action is needed to deal with the problems.
(143)  The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation.
Amendment 89
Proposal for a regulation
Recital 143 a
(143a)  Safeguard measures should be adopted, particularly where agricultural products imported from third countries do not guarantee food security or food traceability and do not comply with all the health, environmental and animal welfare conditions laid down for the internal market, where crises arise for markets or where shortcomings are identified with regard to the conditions stated in import certificates concerning prices, quantities or the calendar. This monitoring of compliance with the conditions laid down for imports of agricultural products should be performed by means of an integrated system for monitoring imports into the Union in real time.
Amendment 90
Proposal for a regulation
Recital 146
(146)  Pursuant to Regulation (EU) No [COM(2010)799] several sectoral measures, including on milk quotas, sugar quotas and other sugar measures and the restrictions on the planting of vines, as well as certain state aids, will expire within a reasonable period following the entry in force of this Regulation. After the repeal of Regulation (EU) No [COM(2010)799], the relevant provisions should continue to apply until the end of the schemes concerned.
deleted
Amendment 91
Proposal for a regulation
Recital 147
(147)  In order to ensure a smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799] to the provisions of this Regulation, the Commission should be empowered to adopt transitional measures.
deleted
Amendment 92
Proposal for a regulation
Recital 149
(149)  As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review. The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively,
(149)  As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review for the purpose of assessing their operation and establishing whether they should continue to apply. The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively,
Amendment 93
Proposal for a regulation
Recital 150 a (new)
(150a)  International market trends, the world’s growing population and the strategic approach required to supply reasonably priced food to people in the Union will have a huge impact on the environment within which European agriculture is developing. The Commission should, therefore, present a report to the European Parliament and to the Council, no later than four years after the entry into force of this Regulation, on market trends and on the future of agricultural market management tools. The report should assess the suitability of existing market management tools in the new international context and, if necessary, examine the possibility of establishing strategic stocks. The report should be accompanied by any suitable proposals on establishing a long-term strategy for the Union with a view to attaining the objectives laid down in Article 39 of the Treaty.
Amendment 94
Proposal for a regulation
Article 1 – paragraph 2
2.  Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I:
2.  Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I to this Regulation:
Amendment 95
Proposal for a regulation
Article 1 – paragraph 2 – point j
(j) processed fruit and vegetables, Part X of Annex I;
(j) processed fruit and vegetable products, Part X of Annex I;
Amendment 96
Proposal for a regulation
Article 1 – paragraph 2 – point m
(m) live plants, Part XIII of Annex I;
(m) live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII of Annex I;
Amendment 97
Proposal for a regulation
Article 1 – paragraph 2 – point u
(u) ethyl alcohol, Part XXI of Annex I;
(u) ethyl alcohol of agricultural origin, Part XXI of Annex I;
Amendment 98
Proposal for a regulation
Article 1 – paragraph 2 – point v
(v) apiculture, Part XXII of Annex I;
(v) apiculture products, Part XXII of Annex I;
Amendment 99
Proposal for a regulation
Article 3 – paragraph 3
3.  Taking into account the specificities of the rice sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to update the definitions concerning the rice sector set out in Part I of Annex II.
deleted
Amendment 100
Proposal for a regulation
Article 3 – paragraph 4 a (new)
4a.  For the purposes of this Regulation, ‘adverse climatic events’ shall mean weather conditions which can be assimilated to a natural disaster, such as frost, hail, ice, rain or drought, which destroy or reduce production by more than 30 % compared to the average annual production of a given farmer. The average annual production shall be calculated on the basis of the preceding three-year period or on the basis of a three-year average based on the preceding five-year period, excluding the highest and lowest entry.
Amendment 101
Proposal for a regulation
Article 3 – point 4 b (new)
4b.  For the purposes of this Regulation, ‘advanced systems of sustainable production’, ’advanced methods of sustainable production’ and ‘advanced measures for sustainable production’ shall mean agricultural practices which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No [...] (horizontal regulation on the CAP) and are continuously evolving to improve the management of natural nutrients, the water cycle and energy flows so as to reduce damage to the environment and wastage of non-renewable resources and to maintain crops, livestock and natural diversity at a high level in production systems.
Amendment 102
Proposal for a regulation
Article 4
The Commission may, by means of implementing acts, when necessary due to amendments to the combined nomenclature, adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation or other acts adopted under Article 43 of the Treaty. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

The Commission shall be empowered to adopt delegated acts in accordance with Article 160, when necessary due to amendments to the combined nomenclature, in order to adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation.

Amendment 103
Proposal for a regulation
Article 6 – point a
(a) 1 January to 31 December of a given year for the banana sector;
(a) 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;
Amendment 104
Proposal for a regulation
Article 6 – paragraph 2
Taking into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix the marketing years for those products.

deleted
Amendment 105
Proposal for a regulation
Article 7
Article 7

Article 7

Reference prices

Reference prices

The following reference prices are fixed:

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

Amendment 106
Proposal for a regulation
Article 9
Origin of eligible products

Origin of eligible products

Products eligible for buying-in under public intervention or for the granting of aid for private storage shall originate in the Union. In addition, if they come from crops, those crops shall have been harvested in the Union and if they come from milk, that milk shall have been produced in the Union.

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

Amendment 107
Proposal for a regulation
Article 9 a (new)
Article 9a

Union scales and inspections

1.  Union scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex IIIa in the following sectors:
(a) beef and veal as regards carcasses of adult bovine animals;
(b) pigmeat as regards carcasses of pigs other than those which have been used for breeding.
In the sheepmeat and goatmeat sector Member States may apply a Union scale for the classification of carcasses as regards sheep carcasses in accordance with the rules laid down in point C of Annex IIIa.

2.  On-the-spot inspections in relation to the classification of carcasses of adult bovine animals and sheep shall be carried out on behalf of the Union by a Union inspection committee composed of experts from the Commission and experts appointed by the Member States. That Committee shall report back to the Commission and the Member States on the inspections carried out.
The Union shall bear the costs resulting from the inspections carried out.

Amendment 108
Proposal for a regulation
Article 10
Article 10

Article 10

Products eligible for public intervention

Products eligible for public intervention

Public intervention shall apply in respect of the following products subject to the conditions laid down in this Section and requirements and conditions to be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19:

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions that may be determined by the Commission, by means of delegated and/or implementing acts, pursuant to Articles 18 and 19:

(a) common wheat, barley and maize;
(a) common wheat, durum wheat, sorghum, barley and maize ;
(b) paddy rice;
(b) paddy rice;
(c) fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;
(c) fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50;
(d) butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %;
(d) butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and a maximum water content, by weight, of 16 %;
(e) skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter.
(e) skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein-content of 34,0 % by weight of the fat free dry matter.
Amendment 110
Proposal for a regulation
Article 11
Article 11

Article 11

Public intervention period

Public intervention periods

Public intervention shall be available for:

Public intervention shall be available for the products listed in Article 10 throughout the year.

(a) common wheat, barley and maize, from 1 November to 31 May;
(b) paddy rice, from 1 April to 31 July;
(c) beef and veal, throughout the marketing year;
(d) butter and skimmed milk powder, from 1 March to 31 August;
Amendment 111
Proposal for a regulation
Article 12
Article 12

Article 12

Opening and closing of public intervention

Opening and closing of public intervention

1.   During the periods referred to in Article 11, public intervention:
1.  Public intervention:
(a) shall be open for common wheat, butter and skimmed milk powder;
(a) shall be open for common wheat, butter and skimmed milk powder;
(b) may be opened by the Commission, by means of implementing acts, for barley, maize, and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);
(b) shall be opened by the Commission, by means of implementing acts, for durum wheat, sorghum, barley, maize, paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2);
(c) may be opened for the beef and veal sector by the Commission, by means of other implementing acts, if the average market price over a representative period adopted pursuant to Article 19(a) in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as adopted pursuant to Article 18(8) is below EUR 1 560/tonne.
(c) shall be opened for the beef and veal sector by the Commission, by means of other implementing acts adopted without the application of Article 162(2) or (3), if the average market price over a representative period determined pursuant to Article 19(a) in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as adopted pursuant to Article 9a is below 90 % of the reference price laid down in Article 7(1)(d).
2.  The Commission may, by means of implementing acts, close public intervention for the beef and veal sector, where, over a representative period adopted pursuant to Article 19(a), the conditions provided for in point (c) of paragraph 1 are no longer fulfilled.
2.  The Commission shall, by means of implementing acts adopted without the application of Article 162(2) or (3), close public intervention for the beef and veal sector, where, over a representative period adopted pursuant to Article 19(a), the conditions provided for in point (c) of paragraph 1 are no longer fulfilled.
Amendment 112
Proposal for a regulation
Article 13
Article 13

Article 13

Buying-in at a fixed price or tendering

Buying-in at a fixed price or tendering

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

In special and duly justified circumstances, the Commission may, by means of implementing acts, restrict tendering procedures to a Member State or region of a Member State, or, subject to Article 14(2), determine the buying-in prices for public intervention per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 113
Proposal for a regulation
Article 14
Article 14

Article 14

Public intervention prices

Public intervention prices

1.  Public intervention price shall mean:
1.  Public intervention price shall mean:
(a) the price at which products shall be bought-in under public intervention where this is done at a fixed price, or
(a) the price at which products shall be bought-in under public intervention where this is done at a fixed price, or
(b) the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering.
(b) the maximum price at which products eligible for public intervention may be bought-in where this is done by tendering.
2.  The level of the public intervention price:
2.  The level of the public intervention price:
(a) for common wheat, barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
(a) for common wheat, durum wheat, sorghum, barley, maize, paddy rice and skimmed milk powder shall be equal to the respective reference prices fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed the respective reference prices in the case of buying-in by tendering;
(b) for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering;
(b) for butter shall be equal to 90 % of the reference price fixed in Article 7 in the case of buying-in at a fixed price and shall not exceed 90 % of the reference price in the case of buying-in by tendering;
(c) for beef and veal, shall not exceed the price referred to in point (c) of Article 12(1).
(c) for beef and veal, shall not exceed 90 % of the reference price stated in point (d) of Article 7(1).
3.  The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, barley, maize and paddy rice. Moreover, taking into account the need to ensure that production is orientated towards certain varieties of paddy rice, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix increases and reductions of the public intervention price.
3.  The public intervention prices referred to in paragraphs 1 and 2 shall be without prejudice to price increases or reductions for quality reasons for common wheat, durum wheat, sorghum, barley, maize and paddy rice.
Amendment 114
Proposal for a regulation
Article 15
Article 15

Article 15

General principles on disposal from public intervention

General principles on disposal from public intervention

Disposal of products bought in under public intervention shall take place in such a way as to:

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

2.  Products may be disposed of by making them available for the scheme for food distribution to the most deprived in the Union set out in Regulation (EU) No […] In that case, the accounting value of such products shall be at the level of the relevant fixed public intervention price referred to in Article 14(2).
2a.  Each year the Commission shall publish details of the conditions under which the public intervention stocks were sold the previous year.
Amendment 115
Proposal for a regulation
Article 16 – paragraph 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 requirements and conditions to be adopted by the Commission, by means of delegated and/or implementing acts, pursuant to Article 17 to 19:

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

Amendment 116
Proposal for a regulation
Article 16 – point b
(b) olive oil;
(b) olive oil and table olives;
Amendment 117
Proposal for a regulation
Article 16 – point e a (new)
(ea) cheeses.
Amendment 118
Proposal for a regulation
Article 17
Article 17

Article 17

Conditions for granting aid

Conditions for granting aid

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account average recorded Union market prices and the reference prices for the products concerned or the need to respond to a particularly difficult market situation or economic developments in the sector in one or more Member States.
1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 160, where necessary in order to provide for market transparency to lay down the conditions under which it may decide to grant private storage aid for the products listed in Article 16, taking into account:
(a) average recorded Union market prices and the reference prices and production costs for the products concerned and/or
(b) the need to respond in a timely way to a particularly difficult market situation or economic developments, either or both of which have a significant impact on producers’ profit margins in the sector in one or more Member States and/or
(ba) the particular nature of certain sectors or the seasonal nature of production in certain Member States.
2.  The Commission may, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
2.  The Commission may, by means of implementing acts, decide to grant private storage aid for the products listed in Article 16, taking into account the conditions referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
3.  The Commission shall, by means of implementing acts fix the aid for private storage provided for in Article 16 in advance or by means of tendering procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
3.  The Commission shall, by means of implementing acts fix the aid for private storage provided for in Article 16 in advance or by means of tendering procedures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
4.  The Commission may, by means of implementing acts, restrict the granting of private storage aid or fix the private storage aid per Member State or region of a Member State on the basis of recorded average market prices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
4.  The Commission may, by means of implementing acts, restrict the granting of private storage aid or fix the private storage aid per Member State or region of a Member State on the basis of recorded average market prices and the applicants’ profit margins. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 119
Proposal for a regulation
Part II – Title I – chapter I – Section 3 a (new)
SECTION 3A

COORDINATION OF OPERATIONS INVOLVING TEMPORARY WITHDRAWAL FROM THE MARKET

Article 17a

Coordination of operations involving temporary withdrawal from the market

1.  For the purpose of preventing major market imbalances or restoring the normal operation of the market in the event of it being seriously disrupted, associations of producer organisations from one of the sectors referred to in Paragraph 2(1) of this Regulation which are considered to be representative within the meaning of Article 110 of this Regulation may set up and operate a system for the coordination of temporary withdrawals from the market on the part of their members.
These provisions shall be applied without prejudice to Part IV of this Regulation and do not fall within the scope of Article 101(1) of the Treaty.

2.  If an association of producer organisations decides to activate this system, it shall be mandatory for all its members.
3.  The system shall be financed by:
(a) the financial contributions paid by member organisations and/or the association of producer organisations itself and, where appropriate,
(b) the Union aid referred to in Article 8, in accordance with the conditions laid down by the Commission under point (c) of Article 18(9a), which aid may not, in any event, exceed 50 % of the total cost.
4.  The Commission shall be empowered to adopt delegated acts, in accordance withArticle 160, to ensure that the way in which the system operates is consistent with the objectives of the CAP and does not impede the smooth functioning of the internal market.
Amendment 120
Proposal for a regulation
Part II – Title I – Chapter I – Section 4 – title
SECTION 4

SECTION 4

COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE STORAGE

COMMON PROVISIONS ON PUBLIC INTERVENTION AND AID FOR PRIVATE STORAGE AND FOR THE SYSTEM TO COORDINATE TEMPORARY WITHDRAWALS FROM THE MARKET

Amendment 121
Proposal for a regulation
Article 18
Article 18

Article 18

Delegated powers

Delegated powers

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article.
1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 9 of this Article.
2.  Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies.
2.  Taking into account the specificities of the different sectors, the Commission may, by means of delegated acts, adopt the requirements and conditions to be met by products bought-in under public intervention and stored under the system of granting an aid for private storage, in addition to the requirements laid down in this Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought-in and stored, with respect to quality groups, quality grades, categories, quantities, packaging, labelling, maximum ages, preservation, the stage of the products to which the public intervention price and the aid for private storage applies.
3.  Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, barley, maize and paddy rice.
3.  Taking into account the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts, adopt the price increases or reductions for quality reasons referred to in Article 14(3) as regards both buying-in and sales of common wheat, durum wheat, sorghum, barley, maize and paddy rice.
3a.  Taking into account the particular seasonal and/or the specific nature of certain farms in some Member States or regions, the Commission shall be empowered to adopt delegated acts, setting different objective conditions and governing factors that justify the triggering of private storage.
4.  Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage.
4.  Taking into account the specificities of the beef and veal sector, the Commission may, by means of delegated acts, adopt rules concerning the obligation for the paying agencies to have all the beef boned after the take-over and prior to the placing into storage.
5.  Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt:
5.  Taking into account the diversity of situations relating to the storage of intervention stocks in the Union and ensuring adequate access to public intervention for operators, the Commission shall, by means of delegated acts, adopt:
(a) the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period;
(a) the requirements to be met by intervention storage places for the products to be bought-in under the system, rules on minimum storage capacity for the storage places and technical requirements for keeping products taken-over in good condition and for their disposal at the end of the storage period;
(b) rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated;
(b) rules on sale of small quantities remaining in storage in the Member States, to be carried out under their responsibility, by applying the same procedures as those applied by the Union; and rules for direct sale of quantities which may no longer be repackaged or are deteriorated;
(c) rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP.
(c) rules on storage of products inside and outside the Member State responsible for them and for treatment of such products as regards customs duties and any other amounts to be granted or levied under the CAP.
(ca) the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of;
6.  Taking into account the need to ensure that aid for private storage has the desired effect on the market, the Commission, by means of delegated acts:
6.  Taking into account the need to ensure that aid for private storage has the desired effect on the market, the Commission, by means of delegated acts:
(a) shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity;
(a) shall adopt measures for reducing the amount of aid to be paid where the quantity stored is lower than the contracted quantity;
(b) may lay down conditions for granting of an advance payment.
(b) may lay down conditions for granting of an advance payment.
7.  Taking into account the rights and obligations of operators participating in public intervention or private storage, the Commission may, by means of delegated acts, adopt rules on:
7.  Taking into account the rights and obligations of operators participating in public intervention or private storage, the Commission may, by means of delegated acts, adopt rules on:
(a) the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;
(a) the use of tendering procedures guaranteeing equal access to goods and equal treatment of operators;
(b) eligibility of operators;
(b) eligibility of operators;
(c) the obligation to lodge a security guaranteeing the execution of operators' obligations.
(c) the obligation to lodge a security guaranteeing the execution of operators' obligations.
7a.  Taking into account the technical developments and the needs of the sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 adapting and updating the provisions on the classification, identification and presentation of adult bovine carcasses, pig carcasses and sheep carcasses laid down in Annex IIIa.
7b.  Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and private storage in the beef and veal, pig-meat and sheep-meat sectors as applicable, the Commission shall be empowered to adopt delegated acts:
(a) laying down provisions on the classification, grading (including by automated grading techniques), presentation, lean-meat content, identification and weighing and marking of carcasses;
(b) laying down rules on the calculation of average Union prices and the obligations on operators to submit information on beef, pig and sheep carcasses, in particular as regards market and representative prices.
7c.  Taking into account the special characteristics existing within the Union, the Commission shall be empowered to adopt delegated acts laying down derogations from the provisions, in particular:
(a) providing for derogations which may be granted by Member States to slaughterhouses in which few bovine animals are slaughtered;
(b) authorising Member States not to make application of the grading scale for pig carcase classification and to use assessment criteria in addition to weight and estimated lean-meat content.
7d.  Taking into account the need to ensure that the Union inspection committee fulfils its objectives, the Commission shall be empowered to adopt delegated acts laying down the responsibilities and the composition of that committee.
8.  Taking into account the need to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and aid for private storage, the Commission may, by means of delegated acts, adopt Union scales for the classification of carcasses in the following sectors:
(a) beef and veal;
(b) pigmeat;
(c) sheepmeat and goatmeat.
9.  Taking into account the need to ensure the accuracy and reliability of the classification of carcasses, the Commission may, by means of delegated acts, provide for the review of the application of classification of carcasses in Member States by a Union committee composed of experts from the Commission and experts appointed by the Member States. Those provisions may provide for the Union to bear the costs resulting from the review activity.
Amendment 122
Proposal for a regulation
Article 18 – paragraph 9 a (new)
9a.  Given the need to ensure the proper functioning of the system to coordinate temporary withdrawals from the market, the Commission shall be empowered to adopt delegated acts, laying down the requirements to be met by the system, including in particular:
(a) the general conditions governing its activation and the way it operates;
(b) the obligations which associations of producer organisations must fulfil to enable the system to be implemented;
(c) the rules governing its funding, and in particular the conditions subject to which the Commission is to decide that Community funding in the form of aid for private storage may or may not be granted to associations of producer organisations;
(d) rules to ensure that there is no possibility of an excessive percentage of products normally available being immobilised by the activation of the system.
Amendment 123
Proposal for a regulation
Article 19
Article 19

Article 19

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following:

The Commission shall, by means of implementing acts, adopt necessary measures aiming at reaching a uniform application of this Chapter throughout the Union. Those rules may, in particular, concern the following:

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

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 124
Proposal for a regulation
Part II – Title I – Chapter II – Section 1
Section 1

Section 1

SCHEMES TO IMPROVE ACCESS TO FOOD

SCHEMES TO IMPROVE ACCESS TO FOOD AND IMPROVE CHILDREN'S EATING HABITS

Article 20 a

Target group

Aid schemes intended to improve access to food and to improve children’s eating habits are aimed at children who regularly attend primary or secondary-level educational establishments and nurseries, pre-school or other establishments offering extracurricular activities which are administered or recognised by the competent authorities of Member States.

Amendment 125
Proposal for a regulation
Part 2 – title 1 – chapter 2 – section 1 – subsection 1 – title
SUBSECTION 1

SUBSECTION 1

SCHOOL FRUIT

SCHOOL FRUIT AND VEGETABLES SCHEME

Amendment 126
Proposal for a regulation
Article 21
Article 21

Article 21

Aid for the supply of fruit and vegetable, processed fruit and vegetable and banana products to children

Aid for the supply of fruit and vegetables, processed fruit and vegetables and banana products to children

1.  Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for:
1.  Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 22 and 23, Union aid shall be granted for:
(a) the supply to children in educational establishments, including nurseries, other pre-school establishments, primary and secondary schools, of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and
(a) the supply to children in the establishments referred to in Article 20a of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and
(b) certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures.
(b) certain related costs linked to logistics and distribution, equipment, publicity, monitoring, evaluation and accompanying measures.
2.  Member States wishing to participate in the scheme shall draw up, at national or regional level, a prior strategy for the implementation of the scheme. They shall also provide for the accompanying measures necessary to make the scheme effective.
2.  Member States wishing to participate in the scheme shall draw up, at national or regional level, a prior strategy for its implementation. They shall also provide for the accompanying measures, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage that are necessary to make the scheme effective.
3.  When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes. This list, however, shall not include products excluded by the measures adopted by the Commission by means of delegated acts pursuant to point (a) of Article 22(2). Member States shall choose their products on the basis of objective criteria which may include seasonality, availability of produce or environmental concerns. In this connection, Member States may give preference to products originating in the Union.
3.  When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes. This list, however, shall not include products excluded by the measures adopted by the Commission by means of delegated acts pursuant to point (a) of Article 22(2). Member States shall choose their products on the basis of objective criteria which may include the health and environmental benefits, seasonality, variety, or availability of produce, giving priority to local food chains. In this connection, Member States shall give preference to products originating in the Union.
4.  The Union aid referred to in paragraph 1 shall neither:
4.  The Union aid referred to in paragraph 1 shall neither:
(a) exceed EUR 150 million per school year; nor
(a) exceed EUR 150 million per school year; nor
(b) exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions and in the outermost regions referred to in Article 349 of the Treaty; nor
(b) exceed 75 % of the costs of supply and related costs referred to in paragraph 1, or 90 % of such costs in less developed regions in the outermost regions referred to in Article 349 of the Treaty and in the small Aegean islands, as defined in Article 1(2), of Regulation (EC) No 1405/2006; nor
(c) cover costs other than the costs of supply and related costs referred to in paragraph 1.
(c) cover costs other than the costs of supply and related costs referred to in paragraph 1.
4a.  The Union aid provided for in paragraph 1 shall be allocated to each Member State on the basis of objective criteria based on the proportion of six to ten year old children enrolled with the educational establishments defined in Article 20a. However, Member States participating in the scheme shall each receive at least EUR 175 000 of Union aid. They shall request Union aid every year on the basis of their strategy. Following the requests of the Member States, the Commission shall decide on definitive allocations, within the appropriations available in the budget.
5.  Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit schemes or other school distribution schemes that include fruit. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits of point (b) of paragraph 4 are abided by as regards the proportion of Union aid to the total national contribution. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.
5.  Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit and vegetables schemes or other school distribution schemes that include fruit and vegetables. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits of point (b) of paragraph 4 are abided by as regards the proportion of Union aid to the total national contribution. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.
6.  Member States may, in addition to Union aid, grant national aid in accordance with Article 152.
6.  Member States may, in addition to Union aid, grant national aid in accordance with Article 152.
7.  The Union School Fruit Scheme shall be without prejudice to any separate national school fruit schemes which are compatible with Union law.
7.  The Union School Fruit and Vegetables Scheme shall be without prejudice to any separate national school fruit and vegetables schemes which are compatible with Union law.
8.  The Union may also finance, under Article 6 of Regulation (EU) No […] on the financing, management and monitoring of the common agricultural policy, information, monitoring and evaluation measures relating to the School Fruit Scheme, including raising public awareness of it, and related networking measures.
8.  The Union may also finance, under Article 6 of Regulation (EU) No […] on the financing, management and monitoring of the common agricultural policy, information, monitoring and evaluation measures relating to the School Fruit and Vegetables Scheme, including raising public awareness of it, and related networking measures.
8a.  Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.
Amendment 127
Proposal for a regulation
Article 22
Article 22

Article 22

Delegated powers

Delegated powers

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.
1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 4 of this Article.
2.  Taking into account the need to promote the healthy eating habits of children, the Commission may, by means of delegated acts, adopt rules on:
2.  Taking into account the need to ensure the effectiveness of the scheme in achievingthe objectives which are set for it, the Commission may, by means of delegated acts, adopt rules on:
(a) the products that are ineligible for the scheme, taking into account nutritional aspects;
(a) the products that are ineligible for the scheme, taking into account nutritional aspects;
(b) the target group of the scheme;
(b) the target group of the scheme;
(c) the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures;
(c) the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures;
(d) the approval and selection of aid applicants.
(d) the approval and selection of aid applicants.
3.  Taking into account the need to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts, adopt rules on:
3.  Taking into account the need to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts, adopt rules on:
(a) objective criteria for the allocation of aid between Member States, the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received;
(a) additional criteria for the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on aid applications received;
(b) the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs;
(b) the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs;
(c) monitoring and evaluation.
(c) monitoring and evaluation.
4.  Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts, require participating Member States to publicise the subsidising role of the scheme.
4.  Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts, specify the conditions in accordance with which Member States shall publicise their participation in the aid scheme and the fact that it is subsidised by the Union.
Amendment 128
Proposal for a regulation
Article 23
Article 23

Article 23

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt all necessary measures related to this Subsection as regards, in particular:

The Commission may, by means of implementing acts, adopt the necessary measures related to this Subsection as regards:

(a) the definitive allocation of aid between participating Member States within the appropriations available in the budget;
(a) the definitive allocation of aid between participating Member States within the appropriations available in the budget;
(b) the aid applications and payments;
(b) the aid applications and payments;
(c) the methods of publicising, and networking measures in respect of, the scheme.
(c) the methods of publicising, and networking measures in respect of, the scheme.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 129
Proposal for a regulation
Article 24
Article 24

Article 24

Supply of milk products to children

Aid for the supply of milk and milk products to children

1.  Union aid shall be granted for supplying to children in educational establishments certain products of the milk and milk products sector.
1.  Under conditions to be determined by the Commission by means of delegated acts and implementing acts pursuant to Articles 25 and 26, Union aid shall be granted for supplying to children in the establishments referred to in Article 20a milk and milk products falling within CN codes 0401, 0403, 0404 90 and 0406 or CN code 2202 90.
2.  Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation.
2.  Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation. They shall also provide for the accompanying measures, which may include information on measures for education about healthy eating habits, about local food chains and about combating food wastage, that are necessary to make the programme effective.
2a.  When drawing up their strategies, Member States shall draw up a list of milk and milk products that will be eligible under their respective schemes, in accordance with the rules adopted by the Commission pursuant to Article 25.
2b.  Union aid referred to in paragraph 1 shall not be used to replace funding for any existing national milk and milk products schemes or other school distribution schemes that include milk or milk products. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted. In this case, the Member State shall indicate in its implementation strategy how it intends to extend its scheme or make it more effective.
3.  Member States may, in addition to Union aid, grant national aid in accordance with Article 152.
3.  Member States may, in addition to Union aid, grant national aid in accordance with Article 152.
3a.  The Union school milk and milk products scheme shall be without prejudice to any separate national school schemes to encourage the consumption of milk and milk products that are compatible with Union law.
4.  Measures on fixing the Union aid for all milk shall be taken by the Council in accordance with Article 43(3) of the Treaty.
5.  The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per child and per school day.
5.  The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per child and per school day.
5a.  Member States participating in the scheme shall publicise, at the places where the food is distributed, their involvement in the aid scheme and the fact that it is subsidised by the Union.
Amendment 130
Proposal for a regulation
Article 25
Article 25

Article 25

Delegated powers

Delegated powers

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

Taking into account the need to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt measures on the lodging of a security guaranteeing the execution where an advance of aid is paid.

4.  Taking into account the need to promote awareness of the aid scheme, the Commission may, by means of delegated acts, require educational establishments to communicate the subsidising role of the scheme.
4.  Taking into account the need to promote awareness of the scheme the Commission may, by means of delegated acts, specify the conditions in accordance with which Member States are to publicise their participation in the aid scheme and the fact that it is subsidised by the Union.
Amendment 131
Proposal for a regulation
Article 26
Article 26

Article 26

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt all necessary measures as regards, in particular:

The Commission may, by means of implementing acts, adopt the necessary measures relating to this Subsection as regards:

(a) procedures to ensure the respect of the maximum quantity eligible for the aid;
(a) procedures to ensure the respect of the maximum quantity eligible for the aid;
(b) approval of applicants, aid applications and payments;
(b) aid applications and payments;
(c) the methods of publicising the scheme.
(c) the methods of publicising the scheme;
(ca) the fixing of aid for all types of milk and milk products, taking into account the need to sufficiently encourage the supply of milk products to the establishments referred to in Article 20a.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 132
Proposal for a regulation
Article 26 a (new)
Article 26 a

School olive oil and table olives scheme

By…*, the European Commission shall consider proposing a scheme for olive oil and table olives similar to those promoting the consumption of dairy and fruit and vegetable products in schools. Member States shall be able to decide voluntarily to join such a scheme, thereby benefitting from Union financing of the same order as that of the existing schemes.

* One year after the entry into force of this Regulation.
Amendment 133
Proposal for a regulation
Article 27
Article 27

Article 27

Aid to operator organisations

Programmes to support the olive oil and table olives sector

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

Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Union funding.

Amendment 134
Proposal for a regulation
Article 28
Article 28

Article 28

Delegated powers

Delegated powers

1.  Taking into account the need to ensure that aid provided for in Article 27 meets its objectives of improving the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning:
1.  Taking into account the need to ensure that aid provided for in Article 27 meets its objectives of improving the production quality of olive oil and table olives, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, concerning:
(a) conditions for the approval of operator organisations for the purposes of the aid scheme, and for the suspension or withdrawal of such approval;
(b) measures eligible for Union financing;
(b) the details of measures eligible for Union financing;
(c) allocation of Union financing to particular measures;
(c) allocation of Union financing to particular measures;
(d) activities and costs that are not eligible for Union financing;
(d) activities and costs that are not eligible for Union financing;
(e) selection and approval of work programmes.
(e) selection and approval of work programmes.
2.  Taking into account the need to ensure that operators respect their obligations, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to require the lodging of a security where an advance payment of aid is made.
2.  Taking into account the need to ensure that operators respect their obligations, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to require the lodging of a security where an advance payment of aid is made.
Amendment 135
Proposal for a regulation
Article 30
Article 30

Article 30

Operational funds

Operational funds

1.  Producer organisations in the fruit and vegetables sector may set up an operational fund. The fund shall be financed by:
1.  Producer organisations and/or their associations in the fruit and vegetables sector may set up a three to five-year operational fund. The fund shall be financed by:
(a) financial contributions of members or of the producer organisation itself;
(a) financial contributions from:
(i) members of the producer organisation and/or the producer organisation itself; or
(ii) associations of producer organisations through the members of these associations.
(b)  Union financial assistance which may be granted to producer organisations in accordance with the terms and conditions set out in delegated and implementing acts adopted by the Commission pursuant to Articles 35 and 36.
(b)  Union financial assistance which may be granted to producer organisations, or to associations thereof, where those associations present, manage and implement an operational programme or a partial operational programme, in accordance with the terms and conditions set out in delegated and implementing acts adopted by the Commission pursuant to Articles 35 and 36.
2.  Operational funds shall be used only to finance operational programmes that have been submitted to and approved by Member States.
2.  Operational funds shall be used only to finance operational programmes that have been submitted to and approved by Member States.
Amendment 136
Proposal for a regulation
Article 31
Article 31

Article 31

Operational programmes

Operational programmes

1.  Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or the following objectives:
1.  Operational programmes in the fruit and vegetables sector shall have at least two of the objectives referred to in Article 106(c) or two of the following objectives:
(a) planning of production;
(a) planning of production;
(b) improvement of product quality;
(b) improvement of product quality, whether in a fresh or processed form;
(c) boosting products’ commercial value;
(c) boosting products’ commercial value;
(d) promotion of the products, whether in a fresh or processed form;
(d) promotion of the products, whether in a fresh or processed form;
(e) environmental measures and methods of production respecting the environment, including organic farming;
(e) environmental measures, particularly those relating to water, and methods of production, handling, manufacturing or processing respecting the environment, including organic farming and integrated production;
(f) crisis prevention and management.
(f) crisis prevention and management.
Operational programmes shall be submitted to the Member States for their approval.

Operational programmes shall be submitted to the Member States for their approval.

1a.  Associations of producer organisations may stand in for their members for the purpose of managing, processing, implementing and presenting operational programmes.
Such associations may also present a partial operational programme composed of measures identified, but not carried out, by member organisations under their operational programmes. These partial operational programmes shall be subject to the same rules as other operational programmes and shall be considered at the same time as the operational programmes of member organisations.

To that end, the Member States shall ensure that:

(a) measures under partial operational programmes are entirely financed by the contributions of the member organisations of the association in question and that this funding is collected from the operational funds of those member organisations;
(b) the measures and their corresponding financial share are identified in the operational programme of each member organisation;
(c) there is no duplication of funding.
2.  Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:
2.  Crisis prevention and management referred to in point (f) of paragraph 1 shall be related to avoiding and dealing with crises on the fruit and vegetable markets and shall cover in this context:
(a) market withdrawal;
(a) production and consumption forecasting and follow-up;
(b) green harvesting or non-harvesting of fruit and vegetables;
(b) investments making the management of the volumes placed on the market more efficient;
(c) promotion and communication;
(c) training measures, exchanges of best practice and structural capacity building;
(d) training measures;
(d) promotion and communication, whether for prevention or during the crisis period;
(e) harvest insurance;
(e) support for the administrative costs of setting up mutual funds;
(f) support for the administrative costs of setting up mutual funds.
(f) grubbing-up aid for the reconversion of orchards;
(g) market withdrawal, also for products that are processed by producer organisations;
(h) green harvesting or non-harvesting of fruit and vegetables;
(i) harvest insurance.
Crisis prevention and management measures, including any repayment of capital and interest as referred to in the third subparagraph, shall not comprise more than one-third of the expenditure under the operational programme.

Crisis prevention and management measures, including any repayment of capital and interest as referred to in the fourth subparagraph, shall not comprise more than 40 % of the expenditure under the operational programme.

Harvest insurance actions shall include measures which contribute to safeguarding producers’ incomes and to covering market losses incurred by producer organisations and/or their members where these incomes are affected by natural disasters, adverse climatic events, diseases or pest infestations. The beneficiaries must prove that they have taken the necessary risk prevention measures.

Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management shall be financed either by such loans, or directly, but not both.

Producer organisations may take out loans on commercial terms for financing crisis prevention and management measures. In that case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 32. Any specific action under crisis prevention and management may be financed either by such loans and/or directly by producer organisations.

2a.  For the purposes of this section:
(a) ‘green harvesting’ means the total or partial harvesting of non-marketable products on a given area carried out before the beginning of the normal harvest. The products concerned shall not have been already damaged prior to the green harvesting, whether due to climatic reasons or disease or otherwise.
(b) ‘non-harvesting’ means the situation where all or part of commercial production is not taken from the area concerned during the normal production cycle. The destruction of products due to a climatic event or disease shall not be considered to be non-harvesting;
3.  Member States shall ensure that:
3.  Member States shall ensure that:
(a) operational programmes include two or more environmental actions; or
(a) operational programmes include two or more environmental actions; or
(b) at least 10 % of the expenditure under operational programmes covers environmental actions.
(b) at least 10 % of the expenditure under operational programmes covers environmental actions.
Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

Environmental actions shall respect the requirements for agri-environment payments laid down in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment commitments provided for in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph.

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment commitments provided for in Article 29(3) of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph.

Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the action.

Support for the environmental actions referred to in the first subparagraph shall cover additional costs and income foregone resulting from the action.

4.  Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.
4.  Member States shall ensure that investments which increase environmental pressure shall only be permitted in situations where effective safeguards to protect the environment from these pressures are in place.
Amendment 137
Proposal for a regulation
Article 32
Article 32

Article 32

Union financial assistance

Union financial assistance

1.  The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred.
1.  The Union financial assistance shall be equal to the amount of the financial contributions referred to in point (a) of Article 30(1) as actually paid and limited to 50 % of the actual expenditure incurred or 75 % in the case of the outermost regions.
2.  The Union financial assistance shall be limited to 4,1 % of the value of the marketed production of each producer organisation.
2.  The Union financial assistance shall be limited to 4,1 % of the value of the fresh or processed products marketed by each producer organisation and/or of their association.
However, that percentage may be increased to 4,6 % of the value of the marketed production provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures.

However, that percentage may be increased to 4,6 % of the value of the fresh or processed products marketed by the producer organisation provided that the amount in excess of 4,1 % of the value of the fresh or processed products marketed is used solely for crisis prevention and management measures.

In the case of associations of producer organisations, this percentage may be increased to 5 % of the value of the fresh or processed products marketed by the association or by its members, provided that the amount in excess of 4,1 % of the value of the fresh or processed products marketed is used solely for crisis prevention and management measures implemented by that association of producer organisations on behalf of its members.

3.  At the request of a producer organisation, the 50 % limit provided for in paragraph 1 shall be increased to 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions:
3.  At the request of a producer organisation, the 50% limit provided for in paragraph 1 shall be increased to 60% for an operational programme or part of an operational programme where it meets at least one of the following conditions:
(a) it is submitted by several Union producer organisations operating in different Member States on transnational schemes;
(a) it is submitted by several Union producer organisations operating in different Member States on transnational schemes;
(b) it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;
(b) it is submitted by one or more producer organisations engaged in schemes operated on an interbranch basis;
(c) it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007;
(c) it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007;
(d) it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation;
(d) it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation;
(da) the programme is presented by several recognised producer organisations grouped together in a joint marketing subsidiary;
(e) it is the first to be submitted by a recognised association of producer organisations
(e) it is the first to be submitted by a recognised association of producer organisations;
(f) it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;
(f) it is submitted by producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;
(g) it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty;
(g) it is submitted by a producer organisation in one of the outermost regions referred to in Article 349 of the Treaty or in the small Aegean islands, as defined in Article 1(2) of Regulation (EC) No 1405/2006;
(h) it covers solely specific support for actions to promote the consumption of fruit and vegetables targeted at children in educational establishments.
4.  The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of:
4.  The 50 % limit provided for in paragraph 1 shall be increased to 100 % in the case of market withdrawals of fruit and vegetables which shall not exceed 5 % of the volume of marketed production of each producer organisation and which are disposed of by way of:
(a) free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence;
(a) free distribution to charitable organisations and foundations, approved to that effect by the Member States, for use in their activities to assist persons whose right to public assistance is recognised in national law, in particular because they lack the necessary means of subsistence;
(b) free distribution to penal institutions, schools and public education institutions and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments.
(b) free distribution to penal institutions, schools and the establishments referred to in Article 20a and to children’s holiday camps as well as to hospitals and old people’s homes designated by the Member States, which shall take all necessary steps to ensure that the quantities thus distributed are additional to the quantities normally bought in by such establishments.
Amendment 138
Proposal for a regulation
Article 34
Article 34

Article 34

National framework and national strategy for operational programmes

National framework and national strategy for operational programmes

1.  Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency.
1.  Member States shall establish a national framework for drawing up general conditions relating to the environmental actions referred to in Article 31(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) in particular those of its Article 6 on consistency.
Member States shall submit their proposed framework to the Commission which, by means of implementing acts, may require modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives.

Member States shall submit their proposed framework to the Commission which may adopt implementing acts, without the application of Article 162(2) or (3), requiring modifications within three months if it finds that the proposal would not contribute to the pursuit of the objectives set out in Article 191 of the Treaty and in the seventh Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives.

2.  Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include:
2.  Each Member State shall establish a national strategy for sustainable operational programmes in the fruit and vegetable market. Such a strategy shall include:
(a) an analysis of the situation in terms of strengths and weaknesses and the potential for development;
(a) an analysis of the situation in terms of strengths and weaknesses and the potential for development;
(b) justification of the priorities chosen;
(b) justification of the priorities chosen;
(c) the objectives of operational programmes and instruments, and performance indicators;
(c) the objectives of operational programmes and instruments, and performance indicators;
(d) assessment of operational programmes;
(d) assessment of operational programmes;
(e) reporting obligations for producer organisations.
(e) reporting obligations for producer organisations.
The national strategy shall also integrate the national framework referred to in paragraph 1.

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

3.  Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.
3.  Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.
Amendment 139
Proposal for a regulation
Article 34 a (new)
Article 34a

National network

1.  Member States may establish a national fruit and vegetables network gathering the producer organisations, the associations of producer organisations and the authorities involved in implementing the national strategy.
2.  The network shall be financed by a maximum levy of 0,5 % of the Union share of the financing of operational funds.
3.  The aim of this network shall be to manage the network, to examine transferable good practices and gather the relevant information, to organise conferences and seminars for those involved in managing the national strategy, to conduct programmes to monitor and assess the national strategy and to carry out other activities identified by the national strategy.
Amendment 140
Proposal for a regulation
Article 35
Article 35

Article 35

Delegated powers

Delegated powers

Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on:

Taking into account the need to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 establishing rules on:

(a) operational funds and operational programmes, concerning:
(a) operational funds and operational programmes, concerning:
(i) the estimated amounts, financing and use of operational funds;
(i) the estimated amounts, financing and use of operational funds;
(ii) the content, duration, approval and modification of operational programmes;
(ii) the content, duration, approval and modification of operational programmes;
(iii) the eligibility of measures, actions or expenditure under an operational programme and respective complementary national rules;
(iii) the eligibility of measures, actions or expenditure under an operational programme, rules on investment in individual holdings and respective complementary national rules;
(iv) the relationship between operational programmes and rural development programmes;
(iv) the relationship between operational programmes and rural development programmes;
(v) operational programmes of associations of producer organisations;
(v) operational programmes of associations of producer organisations;
(va) the specific rules applicable to cases in which associations of producer organisations stand in for their members, wholly or in part, for the purpose of managing, processing, implementing and presenting operational programmes;
(b) the structure and content of a national framework and a national strategy;
(b) the structure and content of a national framework and a national strategy;
(c)  Union financial assistance, concerning:
(c)  Union financial assistance, concerning:
(i) the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation;
(i) the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation;
(ii) applicable reference periods for the calculation of aid;
(ii) applicable reference periods for the calculation of aid;
(iii) reductions of financial assistance entitlements in case of late submission of aid applications;
(iii) reductions of financial assistance entitlements in case of late submission of aid applications;
(iv) the provision of advance payments and the lodging and forfeiture of securities in case of advance payments;
(iv) the provision of advance payments and the lodging and forfeiture of securities in case of advance payments;
(iva) the specific rules applicable to the financing of operational programmes of associations of producer organisations, particularly those relating to the ceilings referred to in Article 32(2);
(d) crisis prevention and management measures, concerning:
(d) crisis prevention and management measures, concerning:
(i) the selection of crisis prevention and management measures;
(i) the selection of crisis prevention and management measures;
(ii) the definition of market withdrawal;
(ii) the conditions under which market withdrawal is triggered;
(iii) destinations for withdrawn products;
(iii) destinations for withdrawn products;
(iv) the maximum support for market withdrawals;
(iv) the maximum support for market withdrawals;
(v) prior notifications in case of market withdrawals;
(v) prior notifications in case of market withdrawals;
(vi) the calculation of the volume of marketed production in case of withdrawals;
(vi) the calculation of the volume of marketed production in case of withdrawals;
(vii) the display of the European emblem on packages of products for free distribution;
(vii) the display of the European emblem on packages of products for free distribution;
(viii) the conditions for the recipients of withdrawn products;
(viii) the conditions for the recipients of withdrawn products;
(ix) the definitions of green harvesting and non-harvesting;
(x) the conditions for the application of green harvesting and non-harvesting;
(x) the conditions for the application of green harvesting and non-harvesting;
(xi) the objectives of harvest insurance;
(xi) the implementation conditions applicable to harvest insurance;
(xii) the definition of adverse climatic event;
(xiii) the conditions for support for the administrative cost of setting up mutual funds;
(xiii) the conditions for support for the administrative cost of setting up mutual funds;
(e) national financial assistance, concerning:
(e) national financial assistance, concerning:
(i) the degree of organisation of producers;
(i) the degree of organisation of producers;
(ii) modifications of operational programmes;
(ii) modifications of operational programmes;
(iii) reductions of financial assistance entitlements in case of late submission of financial assistance applications;
(iii) reductions of financial assistance entitlements in case of late submission of financial assistance applications;
(iv) the lodging, releasing and forfeiture of securities in case of advance payments;
(iv) the lodging, releasing and forfeiture of securities in case of advance payments;
(v) the maximum proportion of union reimbursement of the national financial assistance.
(v) the maximum proportion of union reimbursement of the national financial assistance.
Amendment 141
Proposal for a regulation
Article 38
Article 38

Article 38

Compatibility and consistency

Compatibility and consistency

1.  Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union.
1.  Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union.
2.  Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.
2.  Member States shall be responsible for support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.
3.  No support shall be granted for:
3.  No support shall be granted for:
(a) research projects and measures to support research projects without prejudice to points (d) and (e) of Article 43(3);
(b) measures contained in Member States’ rural development programmes under Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).
(b) measures contained in Member States’ rural development programmes under Regulation (EU) No […] on support for rural development by the European Agricultural Fund for Rural Development (EAFRD).
Amendment 142
Proposal for a regulation
Article 39
Article 39

Article 39

Submission of support programmes

Submission of support programmes

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

However, if the Commission, by means of an implementing act, establishes that the submitted support programme does not comply with the rules laid down in this Section, the Commission shall inform the Member State thereof. In that case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its submission unless an incompatibility persists in which case this subparagraph shall apply.

3.  Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States.
3.  Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States.
Amendment 143
Proposal for a regulation
Article 39 a (new)
Article 39a

Content of support programmes

Support programmes shall consist of the following elements:

(a) a detailed description of the measures proposed as well as their quantified objectives;
(b) the results of consultations held;
(c) an appraisal showing the expected technical, economic, environmental and social impact;
(d) a schedule for implementing the measures;
(e) a general financing table showing the resources to be deployed and the envisaged indicative allocation of the resources between the measures in accordance with ceilings provided for in Annex IV;
(f) the criteria and quantitative indicators to be used for monitoring and evaluation as well as the steps taken to ensure that the support programmes are implemented appropriately and effectively; and
(g) the designation of competent authorities and bodies responsible for implementing the support programme.
Amendment 144
Proposal for a regulation
Article 40
Article 40

Article 40

Eligible measures

Eligible measures

Support programmes may contain only one or more of the following measures:

Support programmes may contain only one or more of the following measures:

(a)  Single Payment Scheme support in accordance with Article 42;
(b) promotion in accordance with Article 43;
(b) promotion in accordance with Article 43;
(c) restructuring and conversion of vineyards in accordance with Article 44;
(c) restructuring and conversion of vineyards in accordance with Article 44;
(d) green harvesting in accordance with Article 45;
(d) green harvesting in accordance with Article 45;
(e) mutual funds in accordance with Article 46;
(e) mutual funds in accordance with Article 46;
(f) harvest insurance in accordance with Article 47;
(f) harvest insurance in accordance with Article 47;
(g) investments in accordance with Article 48;
(g) investments in accordance with Article 48;
(h) by-product distillation in accordance with Article 49.
(h) by-product distillation in accordance with Article 49;
(ha) research and development pursuant to Article 43a;
(hb) the support programme for wine growing on steep-slope sites pursuant to Article 44a.
Amendment 145
Proposal for a regulation
Article 42
Article 42

deleted
Single Payment Scheme and support to vine-growers

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

Amendment 146
Proposal for a regulation
Article 43
Article 43

Article 43

Promotion in third-countries

Promotion

1.  Support under this Article shall cover information or promotion measures concerning Union wines in third countries, thereby improving their competitiveness in those countries.
1.  Support under this Article shall cover information or promotion measures concerning Union wines first and foremost in third countries, and also on the internal market, thereby improving their competitiveness.
2.  The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.
2.  The measures referred to in paragraph 1 shall apply to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.
3.  The measures referred to in paragraph 1 may consist only of:
3.  The measures referred to in paragraph 1 may consist only of:
(a) public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental friendliness;
(a) public relations, promotion or advertisement measures, in particular highlighting the advantages of the Union products, especially in terms of quality, food safety or environmental standards;
(b) participation at events, fairs or exhibitions of international importance;
(b) participation at events, fairs or exhibitions of international importance;
(c) information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production;
(c) information campaigns, in particular on the Union systems covering designations of origin, geographical indications and organic production;
(d) studies of new markets, necessary for the expansion of market outlets;
(d) studies of new markets, necessary for the expansion of market outlets;
(e) studies to evaluate the results of the information and promotion measures.
(e) studies to evaluate the results of the information and promotion measures.
4.  The Union contribution to promotion activities referred to in paragraph 1 shall not exceed 50 % of the eligible expenditure.
4.  The Union contribution to promotion activities referred to in paragraph 1 shall not exceed 50 % of the eligible expenditure.
Amendment 147
Proposal for a regulation
Article 43 a (new)
Article 43a

Research and development

Support for research and development shall make it possible to fund research projects geared, in particular, to improving the quality of products, the environmental impact of production and health safety in the wine sector.

Amendment 148
Proposal for a regulation
Article 43 b (new)
Article 43b

Exchanges of best practices with regard to advanced systems of sustainable production

1.  Support under this article shall cover measures supporting the exchange of best practices with regard to advanced systems of sustainable production and, thereby, enabling farmers to acquire new competencies.
2.  The measures referred to in paragraph 1 shall apply to advanced systems of wine-growing and wine production which increase soil cover, substantially reduce the use of pesticides and chemical fertilisers or increase diversity of varieties and which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No […] [horizontal CAP Regulation].
3.  The measures referred to in paragraph 1 may include:
(a) selecting, describing and publicising best practices with regard to advanced sustainable wine-growing practices;
(b) providing agricultural training and increasing competencies in relation to advanced sustainable farming systems.
Amendment 149
Proposal for a regulation
Article 44
Article 44

Article 44

Restructuring and conversion of vineyards

Restructuring and conversion of vineyards

1.  The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.
1.  The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.
2.  The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3).
2.  The restructuring and conversion of vineyards shall be supported if Member States submit the inventory of their production potential in accordance with Article 102(3).
3.  Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:
3.  Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:
(a) varietal conversion, including by means of grafting-on;
(a) varietal conversion, including by means of grafting-on;
(b) relocation of vineyards;
(b) relocation of vineyards;
(c) improvements to vineyard management techniques.
(c) improvements to vineyard management techniques.
(ca) reducing the use of pesticides;
(cb) replanting for health reasons, when no technical solution is available to save the production in place.
The normal renewal of vineyards which have come to the end of their natural life shall not be supported.

The normal renewal of vineyards that is, the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, when vines have come to the end of their natural life shall not be supported.

Member States may lay down further specifications, especially as regards the age of the vineyards replaced.

4.  Support for the restructuring and conversion of vineyards may only take the following forms:
4.  Support for improving wine production systems and for restructuring and conversion of vineyards may only take the following forms:
(a) compensation to producers for the loss of revenue due to the implementation of the measure;
(a) compensation to producers for the loss of revenue due to the implementation of the measure;
(b) contribution to the costs of restructuring and conversion.
(b) contribution to the costs of restructuring and conversion.
5.  Compensation to producers for the loss of revenue referred to in point (a) of paragraph 4 may cover up to 100 % of the relevant loss and take one of the following forms:
5.  Compensation to producers for the loss of revenue referred to in point (a) of paragraph 4 may cover up to 100 % of the relevant loss and take one of the following forms:
(a) notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EU) No [COM(2010)799] setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years;
(a) notwithstanding Subsection II of Section V of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007setting out the transitional planting right regime, the permission for old and new vines to coexist until the end of the transitional regime for a maximum period which shall not exceed three years;
(b) financial compensation.
(b) financial compensation.
6.  The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.
6.  The Union contribution to the actual costs of the restructuring and conversion of vineyards shall not exceed 50 %. In less developed regions the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.
Amendment 150
Proposal for a regulation
Article 44 a (new)
Article 44a

Support programme for wine growing on steep-slope sites

The measures taken as part of the support programme for wine growing on steep-slope sites shall be designed to safeguard wine growing on labour-intensive slope, steep-slope and terrace sites in the long term by improving its competitiveness.

The support may take the form of a flat-rate per-hectare payment to be set by the Member State concerned or a modulated payment determined by the steepness of the site.

Amendment 151
Proposal for a regulation
Article 45
Article 45

Article 45

Green harvesting

Green harvesting

1.  For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.
1.  For the purposes of this Article, green harvesting shall mean the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.
Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered to be green harvesting.

2.  Support for green harvesting shall contribute to restoring the balance of supply and demand in the Union wine market in order to prevent market crises.
2.  Support for green harvesting shall contribute to improving the quality of the grapes and to restoring the balance of supply and demand in the Union wine market in order to prevent market crises.
3.  Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned.
3.  Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned.
The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal.

The payment shall not exceed 50 % of the sum of the direct costs of the destruction or removal of grape bunches and the loss of revenue related to such destruction or removal.

4.  The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3.
4.  The Member States concerned shall establish a system based on objective criteria to ensure that the green harvesting measure does not lead to compensation of individual wine producers in excess of the ceiling referred to in the second subparagraph of paragraph 3.
Amendment 152
Proposal for a regulation
Article 47
Article 47

Article 47

Harvest insurance

Harvest insurance

1.  Support for harvest insurance shall contribute to safeguarding producers’ incomes where these are affected by natural disasters, adverse climatic events, diseases or pest infestations.
1.  Support for harvest insurance shall contribute to safeguarding producers’ incomes and to covering market losses incurred by producer organisations and/or their members where these are affected by natural disasters, adverse climatic events, diseases or pest infestations.
Beneficiaries shall be required to prove that they have taken the necessary risk prevention measures.

2.  Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed:
2.  Support for harvest insurance may be granted in the form of a Union financial contribution which shall not exceed:
(a) 80 % of the cost of the insurance premiums paid for by producers for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters;
(a) 80 % of the cost of the insurance premiums paid for by producers, producer organisations and/or cooperatives for insurance against losses resulting from adverse climatic events which can be assimilated to natural disasters;
(b) 50 % of the cost of the insurance premiums paid for by producers for insurance against:
(b) 50 % of the cost of the insurance premiums paid for by producers for insurance against:
(i) losses referred to in point (a) and against other losses caused by adverse climatic events;
(i) losses referred to in point (a) and against other losses caused by adverse climatic events;
(ii) losses caused by animals, plant diseases or pest infestations.
(ii) losses caused by animals, plant diseases or pest infestations.
3.  Support for harvest insurance may be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk.
3.  Support for harvest insurance may be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk.
4.  Support for harvest insurance shall not distort competition in the insurance market.
4.  Support for harvest insurance shall not distort competition in the insurance market.
Amendment 153
Proposal for a regulation
Article 48
Article 48

Article 48

Investments

Investments

1.  Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure and marketing of wine which improve the overall performance of the enterprise and concern one or more of the following:
1.  Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure, and distilleries, as well as marketing structures and tools, including the registration of collective marks. Those investments shall be intended to improve the overall performance of the enterprise and its adaptation to market demands, as well as to increase its competitiveness on the internal market and in third country markets, and shall concern one or more of the following:
(a) the production or marketing of grapevine products referred to in Part II of Annex VI;
(a) the production or marketing of grapevine products referred to in Part II of Annex VI;
(b) the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI.
(b) the development of new products, processes and technologies concerning the products referred to in Part II of Annex VI.
(ba) the development of advanced agronomic and sustainable production measures;
(bb) processing of by-products of distilleries or investment which helps to improve their energy savings and their global energy efficiency.
2.  Support under paragraph 1 at its maximum rate shall apply only to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.
2.  Support under paragraph 1 at its maximum rate shall apply only to producer organisations and to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises.
By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006 . For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.

By way of derogation from the first subparagraph, the maximum rate may apply to all enterprises for the outermost regions referred to in Article 349 of the Treaty and the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006 . For enterprises not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.

Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty.

Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty.

3.  The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 3 of Article 59 of Regulation (EU) No [COM(2011)615].
3.  The eligible expenditure shall exclude the non-eligible costs referred to in paragraph 3 of Article 59 of Regulation (EU) No [COM(2011)0615].
4.  The following maximum aid rates concerning the eligible investment costs shall apply to the Union contribution:
4.  The following maximum aid rates concerning the eligible investment costs shall apply to the Union contribution:
(a) 50 % in less developed regions;
(a) 50 % in less developed regions;
(b) 40 % in regions other than less developed regions;
(b) 40 % in regions other than less developed regions;
(c) 75 % in the outermost regions referred to in Article 349 of the Treaty;
(c) 75 % in the outermost regions referred to in Article 349 of the Treaty;
(d) 65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006.
(d) 65 % in the smaller Aegean islands as defined in Article 1(2) of Regulation (EC) No 1405/2006.
5.  Article 61 of Regulation (EU) No [COM(2011)615] shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.
5.  Article 61 of Regulation (EU) No [COM(2011)0615] shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.
Amendment 154
Proposal for a regulation
Article 49
Article 49

Article 49

By-product distillation

By-product distillation

1.  Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII.
1.  Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex VII.
The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced.

The amount of aid shall be fixed per % volume and per hectolitre of alcohol produced. No aid shall be paid for the volume of alcohol contained in the by-products to be distilled which exceeds 10 % in relation to the volume of alcohol contained in the wine produced.

1a.  The aid shall be paid to distillers that process the products delivered for distillation into raw alcohol with an alcoholic strength of at least 92 % vol.
Member States may make the granting of support conditional upon the lodging of a security by the beneficiary.

2.  The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51.
2.  The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 51.
2a.  The relevant aid shall include a lump-sum amount destined to compensate the costs of collection of these products which are to be transferred from the distiller to the producer, if the relevant costs are borne by the latter.
3.  The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition.
3.  The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes to avoid distortion of competition.
3a.  In order to prevent dual support being granted for distillation, the alcohol referred to in paragraph 3 shall not be subject to the preference referred to in Article 21(2) of Directive 2009/28/EC concerning biofuels produced from wastes and their contribution towards attaining the final consumption rate for energy from renewable sources in transport being considered to be twice that made by other biofuels.
Amendment 509
Proposal for a regulation
Article 49 a (new)
Article 49a

Funding for concentrated grape must

1.  Support may be granted to wine producers who use concentrated grape must, including rectified concentrated grape must, to increase the natural alcoholic strength of products, in accordance with the conditions laid down in Annex XVa.
2.  The amount of the aid shall be fixed per % volume potential alcoholic strength and per hectolitre of the must used for enrichment.
3.  The maximum applicable aid levels for this measure in the different wine growing zones shall be fixed by the Commission.
Amendment 155
Proposal for a regulation
Article 50
Article 50

Article 50

Delegated powers

Delegated powers

Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules:

Taking into account the need to ensure that support programmes meet their objectives and that there is a targeted use of European Funds, the Commission shall be empowered to adopt delegated acts in accordance with Article 160, establishing rules:

(a) on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability;
(a) on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability;
(b) on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure;
(b) on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure;
(c) on changes to support programmes after they have become applicable;
(c) on changes to support programmes after they have become applicable;
(d) on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made;
(d) on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made;
(e) containing general provisions and definitions for the purposes of this Section;
(f) to avoid misuse of the support measures and double funding of projects;
(f) to avoid misuse of the support measures and double funding of projects;
(g) under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers;
(g) under which producers shall withdraw the by-products of winemaking and exceptions from this obligation to avoid additional administrative burden and rules for the voluntary certification of distillers;
(h) laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures;
(h) laying down requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures;
(i) regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47.
(i) regarding payments to beneficiaries and payments through insurance intermediaries in the case of support for harvest insurance provided for in Article 47.
Amendment 156
Proposal for a regulation
Article 52
Article 52

Article 52

National programmes and financing

National programmes and financing

1.  Member States may draw up national programmes for the apiculture sector covering a period of three years.
1.  Member States may draw up national programmes for the apiculture sector covering a period of three years. These programmes shall be developed in cooperation with representative organisations and cooperatives in the beekeeping field.
2.  The Union contribution to the apiculture programmes shall not exceed 50 % of the expenditure borne by Member States.
2.  The Union contribution to the apiculture programmes shall not exceed 60  % of the expenditure borne by Member States.
3.  To be eligible for the Union contribution provided for in paragraph 2, Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.
3.  To be eligible for the Union contribution provided for in paragraph 2, Member States shall establish a reliable beehive identification system which makes it possible to perform regular censuses of bee populations and shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.
3a.  The following measures may be included in apiculture programmes:
(a) technical assistance to beekeepers and beekeepers’ organisations;
(b) combating beehive invaders and diseases, particularly varroosis;
(c) rationalisation of transhumance;
(d) measures to support laboratories for the analysis of apiculture products with the aim of helping beekeepers to market and increase the value of their products;
(e) monitoring of the bee population of the Union and support for restocking;
(f) cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products;
(g) market monitoring;
(h)enhancement of product quality with a view to exploiting the potential of products on the market;
(i) compulsory labelling with the country of origin of apiculture projects imported or produced in the Union and, in the case of mixtures or products of different origins, compulsory labelling with the proportion of each country of origin.
3b.  In the case of farmers who are also beekeepers, the following measures may also be included in apiculture programmes:
(a) precautionary measures, including those improving bee health and reducing negative impacts on them, through the use of alternatives to pesticide use, biological control methods and integrated pest management;
(b) specific measures to increase plant diversity on farm, particularly melliferous plant species for apiculture
Amendment 157
Proposal for a regulation
Article 53
Article 53

Article 53

Delegated powers

Delegated powers

Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on:

Taking into account the need to ensure a targeted use of Union funds for apiculture, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on:

(a) the measures which may be included in apiculture programmes,
(a) additional requirements for the measures which may be included in apiculture programmes,
(b) rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and
(b) rules for drawing up and the content of national programmes and the studies referred to in Article 52(3); and
(c) the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union.
(c) the conditions for the allocation of the Union's financial contribution to each participating Member State based on inter alia total number of hives in the Union.
Amendment 158
Proposal for a regulation
Part II – Title I – Chapter II – Section 5 a (new)
Section 5 a

Aid in the hops sector

Article 54a

Aids to producer organisations

1.  The Union shall finance a payment to producer organisations in the hops sector recognised in accordance with Article 106 to finance the aims referred to in points (i),( ii) or (iii) of Article 106(c).
2.  In respect of Germany, the Union financing per year for the payment to producer organisations provided for in paragraph 1 shall be EUR 2 277 000.
Article 54b

Delegated powers

In order to ensure that the aids finance the aims referred to in Article 106, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, concerning:

(a) aid applications, including rules on deadlines and accompanying documents;
(b) aid entitlement, including rules on eligible hop areas and the calculation of the amounts to be paid to each producer organisation;
(c) sanctions to be applied in the case of undue payment.
Article 54c

Implementing powers

The Commission may adopt implementing acts, establishing the necessary measures related to this Section concerning:

(a) the payment of aid;
(b) checks and inspections.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 159
Proposal for a regulation
Article 55
Article 55

Article 55

Scope

Scope

Without prejudice to any other provisions applicable to agricultural products, as well as the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning the general marketing standard and marketing standards by sector and/or product for agricultural products.

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

Amendment 160
Proposal for a regulation
Article 56
Article 56

Article 56

Conformity with the general marketing standard

Conformity with the general marketing standard

1.  For the purposes of this Regulation a product complies with the ‘general marketing standard’ if it is of sound, fair and marketable quality.
1.  For the purposes of this Regulation a product complies with the ‘general marketing standard’ if it is of sound, fair and marketable quality.
2.  Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC , have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard.
2.  Where no marketing standards as referred to in Subsection 3 and in Council Directives 2000/36/EC , 2001/112/EC , 2001/113/EC , 2001/114/EC , 2001/110/EC , 2001/111/EC , have been established, agricultural products which are ready for sale or delivery to the final consumer in retail as defined in point 7 of Article 3 of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard.
3.  A product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V.
3.  Without prejudice to any additional Union requirements in the sanitary, commercial, ethical or any other field, a product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard adopted by any of the international organisations listed in Annex V.
3a.  This Regulation does not prevent the Member States from adopting or maintaining national provisions on aspects of marketing which are not specifically harmonised by this Regulation. Moreover, Member States may adopt or maintain national rules on marketing standards for sectors or products to which the general marketing standard applies, provided that those rules comply with Union law and with the rules on the functioning of the internal market.
Amendment 161
Proposal for a regulation
Article 57
Article 57

Article 57

Delegated powers

Delegated powers

Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt, modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1), and rules on conformity referred to in Article 56(3).

1.  Taking into account the need to address changes in the market situation, and the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to adopt detailed rules concerning the general marketing standard, and to modify and derogate from the requirements concerning general marketing standard referred to in Article 56(1),
2.  The Commission shall adopt delegated acts, in accordance with Article 160, laying down the conditions for implementing and monitoring the conformity referred to in Article 56(3), taking into account the need to avoid lowering the general marketing standard to the point where the quality of European products starts to decline.
Amendment 162
Proposal for a regulation
Article 59
Article 59

Article 59

Establishment and content

Establishment and content

1.  Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation.
1.  Taking into account the expectations of consumers and the need to improve the economic conditions for the production and marketing of agricultural products as well as their quality, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on marketing standards referred to in Article 55, at all stages of the marketing, as well as derogations and exemptions from such standards, only for a limited period and in exceptional cases, in order to adapt to the constantly changing market conditions, to the evolving consumer demands, to developments in relevant international standards and avoid creating obstacles to product innovation.
Any derogation or exemption made in this way must not entail additional costs which would be borne solely by farmers.

1a.  However, the Commission's power to modify derogations and exemptions from existing marketing standards shall not apply to Annex VII.
2.  The marketing standards referred to in paragraph 1 may cover:
2.  The marketing standards referred to in paragraph 1 may include one or more of the following elements:
(a) the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies;
(a) the definition, designation and/or sales descriptions other than those set out in this Regulation and lists of carcasses and parts thereof to which Annex VI applies, except for products of the wine sector;
(b) classification criteria such as grading into classes, weight, sizing, age and category;
(b) classification criteria such as grading into classes, weight, sizing, age and category;
(c) the plant variety or animal race or the commercial type;
(c) the species, plant variety or animal race or the commercial type;
(d) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms;
(d) the presentation, sales descriptions, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, wrapping, year of harvesting and use of specific terms, except for products of the wine sector;
(e) criteria such as appearance, consistency, conformation, product characteristics;
(e) criteria such as appearance, consistency, conformation, product characteristics;
(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;
(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;
(g) the type of farming and production method including oenological practices and related administrative rules, and operating circuit;
(g) the type of farming and production method including agronomic and advanced systems of sustainable production and related administrative rules, and operating circuit;
(h) coupage of must and wine including definitions thereof, blending and restrictions thereof;
(i) the conservation method and temperature;
(i) the conservation method and temperature;
(j) the place of farming and/or origin;
(j) the place of farming and/or origin;
(k) the frequency of collection, delivery, preservation and handling;
(k) the frequency of collection, delivery, preservation and handling;
(l) the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed;
(l) the identification or registration of the producer and/or the industrial facilities in which the product has been prepared or processed;
(m) the percentage of water content;
(m) the percentage of water content;
(n) restrictions as regards the use of certain substances and/or practices;
(n) restrictions as regards the use of certain substances and/or practices;
(o) specific use;
(o) specific use;
(p) commercial documents, accompanying documents and registers to be kept;
(p) commercial documents, accompanying documents and registers to be kept;
(q) storage, transport;
(q) storage, transport;
(r) the certification procedure;
(r) the certification procedure;
(s) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by-products;
(s) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 and/or with the definitions, designations and sales descriptions as referred to in Article 60, as well as the disposal of by-products;
(t) time limits.
(t) time limits.
3.  The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be established without prejudice to Title IV of Regulation (EU) No [COM(2010)733] on agricultural product quality schemes, and shall take into account:
3.  The marketing standards by sectors or products adopted pursuant to paragraph 1 shall be without prejudice to the provisions on optional reserved terms of Article 65a and Annex VIIa, and shall take into account:
(a) the specificities of the product concerned;
(a) the specificities of the product concerned;
(b) the need to ensure the conditions for a smooth placing of the products on the market;
(b) the need to ensure the conditions for a smooth placing of the products on the market;
(c) the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case by case approach at the appropriate geographical level;
(c) the interest of producers in communicating the characteristics of their products and the interest of consumers in receiving adequate and transparent product information, the place of farming to be determined on a case by case approach at the appropriate geographical level, after conducting an impact assessment evaluating, in particular, the costs and administrative burdens for operators, as well as the benefits offered to producers and the end consumer;
(d) the methods used for determining physical, chemical and organoleptic characteristics of the products;
(d) the methods used for determining physical, chemical and organoleptic characteristics of the products;
(e) the standard recommendations adopted by international bodies.
(e) the standard recommendations adopted by international bodies.
(ea) the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned;
(eb) the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks.
Amendment 163
Proposal for a regulation
Article 59 a (new)
Article 59a

Additional requirements for the marketing of the products of the fruit and vegetables sector

1.  Products of the fruit and vegetables sector which are intended to be sold fresh to the consumer may only be marketed if the country of origin is indicated.
2.  The marketing standards referred to in Article 59(1), as well as any marketing standard applicable to the fruit and vegetables and the processed fruit and vegetables sectors, shall apply at all marketing stages including import and export, unless otherwise provided for by the Commission, and shall cover quality, categorisation, weight, size, packing, packaging, storage, transport, presentation and marketing.
3.  The holder of products of the fruit and vegetables and processed fruit and vegetables sectors covered by marketing standards may not display such products, offer them for sale or deliver or market them in any manner within the Union other than in conformity with those standards and shall be responsible for ensuring such conformity.
4.  Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 160, in particular on the consistent application, in the Member States, of the conformity checks, Member States shall, in respect of the fruit and vegetables and the processed fruit and vegetables sectors, check selectively, based on a risk analysis, whether the products concerned conform to the respective marketing standards. These checks shall focus on the stage prior to dispatch from the production areas when the products are being packed or loaded. For products from third countries, checks shall be carried out prior to release for free circulation.
Amendment 164
Proposal for a regulation
Article 59 b (new)
Article 59b

Certification for hops

1.  Products of the hops sector, harvested or prepared within the Union, shall be subject to a certification procedure.
2.  Certificates may be issued only for products having the minimum quality characteristics appropriate to a specific stage of marketing. In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the certificate may only be issued if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.
3.  The certificates shall indicate at least:
(a) the place(s) of production of the hops;
(b) the year(s) of harvesting; and
(c) the variety or varieties.
4.  Products of the hops sector may be marketed or exported only if a certificate as referred to in paragraphs 1, 2 and 3 has been issued.
In the case of imported products of the hops sector, the attestation provided for in Article 129a shall be deemed to be equivalent to that certificate.

5.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, establishing measures derogating from paragraph 4:
(a) in order to satisfy the trade requirements of certain third countries; or
(b) for products intended for special uses.
The measures referred to in the first subparagraph shall:

(a) not prejudice the normal marketing of products for which the certificate has been issued;
(b) be accompanied by guarantees intended to avoid any confusion with those products.
Amendment 165
Proposal for a regulation
Article 60
Article 60

Article 60

Definitions, designations and sales descriptions for certain sectors and products

Definitions, designations and sales descriptions for certain sectors and products

1.  The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products:
1.  The definitions, designations and sales descriptions provided for in Annex VI shall apply to the following sectors or products:
(a) olive oil and table olives;
(a) olive oil and table olives;
(b) wine;
(b) wine;
(c) beef and veal;
(c) beef and veal;
(d) milk and milk products intended for human consumption;
(d) milk and milk products intended for human consumption;
(e) poultrymeat;
(e) poultrymeat and eggs;
(f) spreadable fats intended for human consumption.
(f) spreadable fats intended for human consumption.
2.  Definitions, designations or sales descriptions provided for in Annex VI may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in that Annex.
2.  Definitions, designations or sales descriptions provided for in Annex VI may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in that Annex.
3.  Taking into account the need to adapt to evolving consumer demands, and technical progress and to avoid creating obstacles to product innovation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VI.
3.  Taking into account the need to adapt to evolving consumer demands, and technical progress and to avoid creating obstacles to product innovation, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VI.
Amendment 166
Proposal for a regulation
Article 61
Article 61

Article 61

Tolerance

Tolerance

Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each standard beyond which the entire batch of products shall be considered as not respecting that standard.

1.  Taking into account the specificity of each sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 on tolerance for each specific standard beyond which the entire batch of products shall be considered as not respecting that standard.
This tolerance defined on the basis of thresholds shall not alter the intrinsic characteristics of the product and shall apply only to weight, size and other minor criteria.

2.  Member States may adopt or maintain additional national legislation on products covered by a Union marketing standard, provided that these provisions comply with Union law, particularly the principle of free movement of goods.
Amendment 167
Proposal for a regulation
Article 62
Article 62

Article 62

Oenological practices and methods of analyses

Oenological practices and methods of analyses

1.  Only oenological practices authorised in accordance with Annex VII and provided for in point (g) of Article 59(2) and in paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union.
1.  Only oenological practices authorised in accordance with Annex VII and provided for in paragraphs 2 and 3 of Article 65 shall be used in the production and conservation of the products listed in Part II of Annex VI in the Union.
The first subparagraph shall not apply to:

The first subparagraph shall not apply to:

(a) grape juice and concentrated grape juice;
(a) grape juice and concentrated grape juice;
(b) grape must and concentrated grape must intended for the preparation of grape juice.
(b) grape must and concentrated grape must intended for the preparation of grape juice.
Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Authorised oenological practices shall only be used for the purposes of ensuring proper vinification, proper preservation or proper refinement of the product.

Products listed in Part II of Annex VI shall be produced in the Union in accordance with the rules laid down in Annex VII.

Products listed in Part II of Annex VI shall be produced in the Union in accordance with the rules laid down in Annex VII.

Products listed in Part II of Annex VI shall not be marketed in the Union where:

Products listed in Part II of Annex VI shall not be marketed in the Union where:

(a) they have undergone unauthorised Union oenological practices or
(a) they have undergone unauthorised Union oenological practices or
(b) they have undergone unauthorised national oenological practices or
(b) they have undergone unauthorised national oenological practices or
(c) they do not comply with the rules laid down in Annex VII.
(c) they do not comply with the rules laid down in Annex VII.
The products which are unmarketable in accordance with the fifth subparagraph shall be destroyed. By way of derogation from this rule, Member States may authorise the use of certain products, the characteristics of which they shall determine, by distilleries or vinegar factories or for industrial purposes, provided that this authorisation does not become an incentive to produce by means of unauthorised oenological practices.

2.  When authorising oenological practices for wine as referred to in point (g) of Article 59(2), the Commission shall:
2.  When making proposals on oenological practices for wine as referred to in paragraph 1, the Commission shall:
(a) base itself on the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices;
(a) take into account the oenological practices and methods of analyses recommended and published by the OIV as well as on the results of experimental use of as yet unauthorised oenological practices;
(b) take into account the protection of human health;
(b) take into account the protection of human health;
(c) take into account the possible risk of consumers being misled due to their expectations and perceptions, having regard to the availability and feasibility of informational means to exclude such risks;
(c) take into account the possible risk of consumers being misled due to their well established perception of the product and their corresponding expectations, having regard to the availability and feasibility of informational means to exclude such risks;
(d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
(d) allow the preservation of the natural and essential characteristics of the wine and not cause a substantial change in the composition of the product concerned;
(e) ensure an acceptable minimum level of environmental care;
(e) ensure an acceptable minimum level of environmental care;
(f) respect the general rules concerning oenological practices and the rules laid down in Annex VII.
(f) respect the general rules concerning oenological practices and the rules laid down in Annex VII.
3.  The Commission shall, where necessary, adopt methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI by means of implementing acts. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the legitimate objective pursued. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
3.  The methods referred to in point (d) of Article 59(3) for products listed in Part II of Annex VI shall be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty. Those methods shall be based on any relevant methods recommended and published by the OIV, unless they would be ineffective or inappropriate in view of the objective pursued by the Union.
Pending the adoption of such rules, the methods to be used shall be those allowed by the Member State concerned.

Pending the adoption of such provisions, the methods and rules to be used shall be those allowed by the Member State concerned.

Amendment 168
Proposal for a regulation
Article 65
Article 65

Article 65

National rules for certain products and sectors

National rules for certain products and sectors

1.  Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.
1.  Notwithstanding the provisions of Article 59(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.
Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria are complied with.

Member States making use of the option provided for in the first subparagraph shall ensure that other Member States' products complying with the criteria laid down by those national rules may, in a non-discriminatory way, use terms which state that those criteria are complied with.

2.  Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.
2.  Member States may limit or prohibit the use of certain oenological practices and provide for more stringent rules for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.
3.  Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.
3.  Member States may allow the experimental use of unauthorised oenological practices in accordance with the conditions specified by the Commission, by means of delegated acts adopted pursuant to paragraph 4.
4.  Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.
4.  Taking into account the need to ensure the correct and transparent application, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 specifying the conditions for the application of paragraphs 1, 2 and 3 of this Article as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices referred to in paragraph 3 of this Article.
4a.  Member States may adopt or maintain marketing standards for sectors or products, provided that those measures are consistent with Union law.
Amendment 169
Proposal for a regulation
Part II – Title II – Chapter I – Section 1 – Subsection 3 a (new)
SUBSECTION 3a

OPTIONAL RESERVED TERMS

Article 65a

Scope

A scheme for optional reserved terms is established in order to help producers of agricultural products which possess value-adding characteristics or attributes to communicate such characteristics or attributes within the internal market, particularly with the aim of supporting and complementing specific marketing standards.

Article 65b

Existing optional reserved terms

1.  The optional reserved terms covered by this scheme at the date of entry into force of this Regulation are listed in Annex VIIa to this Regulation together with the acts laying down the terms in question and their conditions of use.
2.  The optional reserved terms referred to in paragraph 1 shall remain in force, subject to any amendment, unless cancelled pursuant to Article 65c.
Article 65c

Reservation, amendment and cancellation of optional reserved terms

In order to take account of the expectations of consumers, developments in scientific and technical knowledge, the situation in the market and developments in marketing standards and in international standards, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160:

(a) reserving an additional optional reserved term, laying down its conditions of use,
(b) amending the conditions of use of an optional reserved term, or
(c) cancelling an optional reserved term.
Article 65d

Additional optional reserved terms

1.  A term shall be eligible for reservation as an additional optional reserved term only if it fulfils the following criteria:
(a) the term relates to a characteristic of a product or to a farming or processing attribute and relates to a marketing standard, viewed in the light of a sector-by-sector approach;
(b) the use of the term adds value to the product in comparison with products of a similar type, and
(c) the product has been placed on the market with the characteristic or attribute referred to in point (a) identified to consumers in several Member States.
The Commission shall take account of any relevant international standard and of the current reserved terms existing for the products or sectors involved.

2.  Optional terms that describe technical product qualities for the purposes of implementing compulsory marketing standards and that are not intended to inform consumers about those product qualities shall not be reserved under this scheme.
3.  In order to take into account the special characteristics of certain sectors as well as consumer expectations, the Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down detailed rules relating to the requirements for the creation of the additional optional reserved terms referred to in paragraph 1.
Article 65e

Restrictions on use of optional reserved terms

1.  An optional reserved term may only be used to describe products that conform to the applicable conditions of use.
2.  Member States shall adopt appropriate measures to ensure that product labelling does not give rise to confusion with optional reserved terms.
3.  The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down rules for the use of optional reserved terms.
Amendment 170
Proposal for a regulation
Article 66
Article 66

Article 66

General provisions

General provisions

Taking into account the specificities in trade between the Union and certain third countries and the special character of some agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to define the conditions under which imported products are considered to have an equivalent level of compliance with the Union marketing standards and conditions allowing derogation from Article 58 and determine the rules concerning the application of the marketing standards to products exported from the Union.

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

Amendment 171
Proposal for a regulation
Article 67
Article 67

Article 67

Special provisions for the imports of wine

Special provisions for the imports of wine

1.  Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204.
1.  Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in Section 2 of this Chapter and in the definitions, designations and sales descriptions referred to in Article 60 of this Regulation, shall apply to products imported into the Union and falling under CN codes 2009 61, 2009 69 and 2204.
2.  Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices recommended and published by the OIV or authorised by the Union pursuant to this Regulation.
2.  Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices authorised by the Union pursuant to this Regulation.
Measures derogating from this paragraph shall be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty.

3.  The import of the products referred to in paragraph 1 shall be subject to the presentation of:
3.  The import of the products referred to in paragraph 1 shall be subject to the presentation of:
(a) a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin;
(a) a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, drawn up by a competent body, included on a list to be made public by the Commission, in the product’s country of origin;
(b) an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption.
(b) an analysis report drawn up by a body or department designated by the product’s country of origin, in so far as the product is intended for direct human consumption.
Amendment 172
Proposal for a regulation
Article 67 a (new)
Article 67a

Delegated powers

The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, laying down:

(a) rules for the interpretation and enforcement of the definitions and sales descriptions provided for in Annex VI;
(b) rules on the national procedures concerning the withdrawal and destruction of wine products that do not comply with the requirements of this Regulation.
Amendment 173
Proposal for a regulation
Article 68
Article 68

Article 68

Implementing powers in accordance with the examination procedure

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt the necessary measures related to this Section and in particular:

The Commission may, by means of implementing acts, adopt the necessary measures related to this Section:

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

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 174
Proposal for a regulation
Article 69
Article 69

Article 69

Scope

Scope

1.  Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI.
1.  Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VI.
2.  The rules referred to in paragraph 1 shall be based on:
2.  The rules referred to in paragraph 1 shall be based on:
(a) protecting of legitimate interests of consumers and producers;
(a) protecting of legitimate interests of consumers and producers;
(b) ensuring the smooth operation of the internal market in the products concerned; and
(b) ensuring the smooth operation of the internal market in the products concerned; and
(c) promoting the production of quality products, whilst allowing national quality policy measures.
(c) promoting the production of products under quality schemes, whilst allowing national quality policy measures.
Amendment 175
Proposal for a regulation
Article 70
Article 70

Article 70

Definitions

Definitions

1.  For the purposes of this Section, the following definitions shall apply:
1.  For the purposes of this Section, the following definitions shall apply:
(a) ‘a designation of origin’ shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1) complying with the following requirements:
(a) ‘a designation of origin’ shall mean the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product referred to in Article 69(1) complying with the following requirements:
(i) the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;
(i) the quality and characteristics of the product are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;
(ii) the grapes from which the product is produced come exclusively from that geographical area;
(ii) the grapes from which the product is produced come exclusively from that geographical area;
(iii) the production takes place in that geographical area; and
(iii) the production takes place in that geographical area; and
(iv) the product is obtained from vine varieties belonging to Vitis vinifera;
(iv) the product is obtained from vine varieties belonging to Vitis vinifera;
(b) ‘a geographical indication’ shall mean an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 69(1) complying with the following requirements:
(b) ‘a geographical indication’ shall mean an indication referring to a region, a specific place or, in exceptional and duly justifiable cases, a country, used to describe a product referred to in Article 69(1) complying with the following requirements:
(i) it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;
(i) it possesses a specific quality, reputation or other characteristics attributable to that geographical origin;
(ii) at least 85 % of the grapes used for its production come exclusively from that geographical area;
(ii) at least 85 % of the grapes used for its production come exclusively from that geographical area;
(iii) its production takes place in that geographical area; and
(iii) its production takes place in that geographical area; and
(iv) it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.
(iv) it is obtained from vine varieties belonging to Vitis vinifera or a cross between the Vitis vinifera species and other species of the genus Vitis.
1a.  For the purpose of the application of points (a)(iii) and (b)(iii) of paragraph 1, ‘production’ shall cover all the operations involved, from the harvesting of the grapes to the completion of the wine-making process, with the exception of any post-production processes.
For the purpose of the application of point (b)(ii) of paragraph 1, the maximum 15 % share of grapes which may originate outside the demarcated geographical area shall originate from the Member State or third country in which the demarcated area is situated.

By way of derogation from points (a)(iii) and (b)(iii) of paragraph 1, and on condition that the product specification laid down in Article 71(2) so provides, a product with a protected designation of origin or a protected geographical indication may be made into wine either:

(a) in an area in the immediate proximity of the demarcated area concerned;
(b) in an area located within the same administrative unit or within a neighbouring administrative unit, as defined by national law;
(c) in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member States and one or more third countries, in an area situated in the immediate proximity of the demarcated area in question.
By way of derogation from point (a) (iii) of paragraph 1 and from the third subparagraph of this paragraph, and on condition that the product specification laid down in Article 71(2) so provides, a product may be made into sparkling wine or semi-sparkling wine with a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986.

2.  Certain traditionally used names shall constitute a designation of origin where they:
2.  Certain traditionally used names shall constitute a designation of origin where they:
(a) designate a wine;
(a) designate a wine;
(b) refer to a geographical name;
(b) refer to a geographical name;
(c) meet the requirements referred to in points (i) to (iv) of paragraph 1(a); and
(c) meet the requirements referred to in points (i) to (iv) of paragraph 1(a); and
(d) undergo the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection;
(d) undergo the procedure conferring protection on designations of origin and geographical indications laid down in this Subsection;
3.  Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Union in accordance with the rules laid down in this Subsection.
3.  Designations of origin and geographical indications, including those relating to geographical areas in third countries, shall be eligible for protection in the Union in accordance with the rules laid down in this Subsection.
Amendment 176
Proposal for a regulation
Article 71
Article 71

Article 71

Applications for protection

Applications for protection

1.  Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:
1.  Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:
(a) the name to be protected;
(a) the name to be protected;
(b) the name and address of the applicant;
(b) the name and address of the applicant;
(c) a product specification as referred to in paragraph 2; and
(c) a product specification as referred to in paragraph 2; and
(d) a single document summarising the product specification referred to in paragraph 2.
(d) a single document summarising the product specification referred to in paragraph 2.
2.  The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication.
2.  The product specification shall enable interested parties to verify the relevant conditions of production of the designation of origin or geographical indication.
Such product specification shall at least consist of:

(a) the name to be protected;
(b) a description of the wine(s) and, in particular;
(i) for wines with a designation of origin, their principal analytical and organoleptic characteristics;
(ii) for wines with a geographical indication, their principal analytical characteristics as well as an evaluation or indication of their organoleptic characteristics;
(c) where applicable, the specific oenological practices used to make the wine(s) as well as the relevant restrictions on making the wine(s);
(d) the demarcation of the geographical area concerned;
(e) the maximum yields per hectare;
(f) an indication of the wine grape variety or varieties from which the wine(s) is obtained;
(g) the details proving that the requirements referred to in Article 70(1)(a) or, as the case may be, in Article 70(1)(b)(i), have been complied with;
(h) any applicable requirements concerning the production of the product with a PDO or a PGI laid down in Union or national law or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication;
(i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.
The requirements referred to in point (h) of the second subparagraph shall be objective, non-discriminatory and compatible with Union law.

3.  Where the application for protection concerns a geographical area in a third country, in addition to the elements provided for in paragraphs 1 and 2, it shall contain a proof that the name concerned is protected in its country of origin.
3.  Where the application for protection concerns a geographical area in a third country, in addition to the elements provided for in paragraphs 1 and 2, it shall contain a proof that the name concerned is protected in its country of origin.
Amendment 177
Proposal for a regulation
Article 73
Article 73

Article 73

Preliminary national procedure

Preliminary national procedure

1.  Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure.
1.  Applications for protection of a designation of origin or a geographical indication as referred to in Article 71 for wines originating in the Union shall be subject to a preliminary national procedure.
1a.  The application for protection shall be filed with the Member State on the territory of which the designation of origin or geographical indication originates.
The Member State shall examine the application for protection in order to verify whether it meets the conditions laid down in this Subsection.

The Member State shall ensure the adequate publication at national level of the application and provide for a period of at least two months from the date of publication within which written objections to the proposed protection may be lodged. Such objections shall be in the form of a duly substantiated statement and may be made by any natural or legal person resident or established on the territory of the Member State, having a legitimate interest.

2.  If the Member State considers that the designation of origin or geographical indication does not meet the requirements or is incompatible with Union law, it shall reject the application.
2.  If the Member State considers that the designation of origin or the geographical indication does not comply with the conditions laid down in this Subsection or is incompatible with Union law, it shall reject the application.
3.  If the Member State considers that the requirements are met, it shall carry out a national procedure which ensures adequate publication of the product specification at least on the Internet.
3.  If the Member State considers that the conditions laid down in this Subsection are complied with, it shall:
(a) ensure adequate publication, at least on the Internet, of the product specification referred to in point (d) of Article 71(1);
(b) submit to the Commission an application for protection containing the following information:
(i) the name and address of the applicant;
(ii) the single document referred to in Article 71(1)(d);
(iii) a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and
(iv) the reference to the publication made pursuant to point (a).
The information referred to in point (b) of the first subparagraph shall be forwarded in one of the official languages of the Union or accompanied by a certified translation into one of those languages.

Amendment 178
Proposal for a regulation
Article 79
Article 79

Article 79

Relationships with trademarks

Relationships with trademarks

1.  Where a designation of origin or a geographical indication is protected under this Regulation, the registration of a trade mark the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of submission of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.
1.  The registration of a trade mark which contains a designation of origin or geographical indication protected under this Regulation, or which is constituted by such a designation or indication, the use of which falls under Article 80(2) and relating to a product falling under one of the categories listed in Part II of Annex VI shall be refused if the application for registration of the trade mark is submitted after the date of the lodging of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.
Trade marks registered in breach of the first subparagraph shall be invalidated.

Trade marks registered in breach of the first subparagraph shall be invalidated.

2.  Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before the date on which the application for protection of the designation of origin or geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.
2.  Without prejudice to Article 78(2), a trade mark the use of which falls under Article 80(2), which has been applied for, registered or established by use in good faith, if that possibility is provided for by the legislation concerned, in the territory of the Union either before the date of protection of the designation of origin or geographical indication in the country of origin, or before 1 January 1996, may continue to be used notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trade mark’s invalidity or revocation exist under Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks or by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark.
In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks.

In such cases the use of the designation of origin or geographical indication shall be permitted alongside the relevant trade marks.

Amendment 179
Proposal for a regulation
Article 82
Article 82

Article 82

Amendments to product specifications

Amendments to product specifications

1.  An applicant satisfying the conditions laid down pursuant to point (b) of Article 86(4) may apply for approval of an amendment to the product specification of a protected designation of origin or a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area concerned. Applications shall describe and give reasons for the amendments requested.
1.  An applicant satisfying the conditions laid down in Article 72 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in point (d) of the second subparagraph of Article 71(2). Applications shall describe and state reasons for the amendments requested.
By way of derogation from paragraph 1, Member States or third countries concerned, or their competent authority, may apply for approval of an amendment to the product specification of existing protected wine names in accordance with Article 84(1).

1a.  Where the proposed amendment involves one or more amendments to the single document referred to in Article 71(1)(d), Articles 73 to 76 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall adopt implementing acts, containing its decision whether to approve the application without following the procedure laid down in Article 74(2) and Article 75 and, in the event of approval, shall publish the elements referred to in Article 74(3). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
1b.  Where the proposed amendment does not involve any change to the single document, the following rules shall apply:
(a) where the geographical area concerned is in a given Member State, that Member State shall decide on the amendment and, in the event of approval, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them;
(b) where the geographical area concerned is in a third country, the Commission shall, by means of implementing acts, decide whether to approve the proposed amendment. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).
Amendment 180
Proposal for a regulation
Article 84
Article 84

Article 84

Existing protected wine names

Existing protected wine names

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

Until 31 December 2014 the Commission may, on its own initiative, by means of implementing acts, decide to cancel protection of existing protected wine names referred to in paragraph 1 of this Article if they do not meet the conditions laid down in Article 70.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

4.  For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81.
4.  For Croatia, the wine names published in the Official Journal of the European Union shall be protected under this Regulation, subject to a favourable outcome of the objection procedure. The Commission shall list them in the register provided for in Article 81.
Amendment 181
Proposal for a regulation
Article 86
Article 86

Article 86

Delegated powers

Delegated powers

1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article.
1.  The Commission shall be empowered to adopt delegated acts in accordance with Article 160 to provide for measures listed in paragraphs 2 to 5 of this Article.
2.  Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt:
2.  Taking into account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts, adopt:
(a) the principles for the demarcation of the geographical area, and
(a) the additional details for the demarcation of the geographical area, and
(b) the definitions, restrictions and derogations concerning the production in the demarcated geographical area.
(b) the restrictions and derogations concerning the production in the demarcated geographical area.
3.  Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements.
3.  Taking into account the need to ensure product quality and traceability, the Commission may, by means of delegated acts, provide for the conditions under which product specifications may include additional requirements.
4.  Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of delegated acts, adopt rules on:
4.  Taking into account the need to ensure the legitimate rights and interests of producers or operators, the Commission may, by means of delegated acts, adopt rules on:
(a) the elements of the product specification;
(b) the type of applicant that may apply for the protection of a designation of origin or geographical indication;
(b) the type of applicant that may apply for the protection of a designation of origin or geographical indication;
(c) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, preliminary national procedures, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;
(c) the conditions to be followed in respect of an application for the protection of a designation of origin or geographical indication, scrutiny by the Commission, objection procedure, and procedures for amendment, cancellation and conversion of protected designations of origin or protected geographical indications;
(d) the conditions applicable to trans-border applications;
(d) the conditions applicable to trans-border applications;
(e) the conditions for applications concerning geographical areas in a third country;
(e) the conditions for applications concerning geographical areas in a third country;
(f) the date from which a protection or an amendment of a protection shall apply;
(f) the date from which a protection or an amendment of a protection shall apply;
(g) the conditions related to amendments to product specifications.
(g) the conditions related to amendments to product specifications and the conditions under which an amendment is to be considered as minor within the meaning of Article 82(1a).
5.  Taking into account the need to ensure an adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name.
5.  Taking into account the need to ensure an adequate protection, the Commission may, by means of delegated acts, adopt restrictions regarding the protected name.
6.  Taking into account the need to ensure that economic operators and competent authorities are not prejudiced by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009 or for which an application for protection has been made prior to that date, the Commission may, by means of delegated acts, adopt transitional provisions concerning:
(a) wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009 and wine names for which an application for protection has been made prior to that date;
(b) preliminary national procedure;
(c) wines placed on the market or labelled before a specific date; and
(d) amendments to the product specifications.
Amendment 182
Proposal for a regulation
Article 89 – paragraph 1 a (new)
1a.  Traditional terms shall be recognised, defined and protected by the Commission.
Amendment 183
Proposal for a regulation
Article 89 – paragraph 1 b (new)
1b.  Traditional terms shall be protected only in the language and for the categories of grape vine products claimed in the application, against:
(a) any misuse of the protected term, including where it is accompanied by an expression such as 'style', 'type', 'method', 'as produced in', 'imitation', 'flavour', 'like' or similar;
(b) any other false or misleading indication as to the nature, characteristics or essential qualities of the product, placed on the inner or outer packaging, advertising material or documents relating to it;
(c) any other practice likely to mislead the consumer, in particular to give the impression that the wine qualifies for the protected traditional term.
Amendment 184
Proposal for a regulation
Article 89 – paragraph 1 c (new)
1c.  Where a traditional term is protected under this Regulation, the registration of a trademark, the use of which would contravene Article 89c, shall be assessed in accordance with Directive 2008/95/EC or Regulation (EC) No 207/2009.
Trademarks registered in breach of the first subparagraph shall be declared invalid upon request in accordance with the applicable procedures as specified by Directive 2008/95/EC or Regulation (EC) No 207/2009.

A trademark, which corresponds to one of the situations referred to in Article 89c of this Regulation, and which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before 4 May 2002 or before the date of submission of the application for protection of the traditional term to the Commission, may continue to be used and renewed notwithstanding the protection of the traditional term. In such cases the use of the traditional term shall be permitted alongside the relevant trademark.

A name shall not be protected as a traditional term, where in the light of a trademark's reputation and renown, such protection is liable to mislead the consumer as to the true identity, nature, characteristic or quality of the wine.

Amendment 185
Proposal for a regulation
Article 89 – paragraph 1 d (new)
1d.  A term, for which an application is lodged and which is wholly or partially homonymous with that of a traditional term already protected under this Chapter shall be protected paying due regard to local and traditional usage and to the risk of confusion. A homonymous term which misleads consumers as to the nature, quality or the true origin of the products shall not be registered even if the term is accurate.
The use of a protected homonymous term shall be subject to there being a sufficient distinction in practice between the homonym protected subsequently and the traditional term already protected, having regard to the need to treat the producers concerned in an equitable manner and not to mislead the consumer.

Amendment 186
Proposal for a regulation
Article 89 – paragraph 1 e (new)
1e.  Within two months from the date of publication of the application by the Commission, any Member State or third country, or any natural or legal person having a legitimate interest may object to the proposed recognition by lodging a request of objection.
Amendment 187
Proposal for a regulation
Article 89 – paragraph 1 f (new)
1f.  An applicant may apply for an approval of a modification of a traditional term, the language indicated, the wine or wines concerned or of the summary of the definition or conditions of use of the traditional term concerned.
Amendment 188
Proposal for a regulation
Article 89 – paragraph 1 g (new)
1g.  The Commission may, on a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, adopt implementing acts, containing its decision to cancel the protection of a traditional term if it no longer meets the definition laid down in Article 89.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2).

Amendment 189
Proposal for a regulation
Article 89 a (new)
Article 89a

Conditions for the use of traditional terms

1.  The term to be protected shall be either:
(a) in the official language(s) or regional language(s) of the Member State or third country where the term originates; or
(b) in the language used in commerce for this term.
2.  The term used in a certain language shall refer to specific products referred to in Article 69(1).
3.  The term shall be registered with its original spelling(s).
Amendment 190
Proposal for a regulation
Article 89 b (new)
Article 89b

Conditions of validity

1.  The recognition of a traditional term shall be accepted if:
(a) the term consists solely of:
(i) a name traditionally used in commerce in a large part of the territory of the Community or of the third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(1); or
(ii) a reputed name traditionally used in commerce in at least the territory of the Member State or third country concerned, to distinguish specific categories of grapevine products referred to in Article 69(1);
(b) the term shall:
(i) not be generic;
(ii) be defined and regulated in the Member State's legislation; or
(iii) be subject to conditions of use as provided for by rules applicable to wine producers in the third country concerned, including those emanating from representative professional organisations.
2.  For the purpose of paragraph (1), point (a), ‘traditional use’ means:
(a) at least five years in the case of terms filed in language(s) referred to in Article 89a, paragraph (1)(a);
(b) at least 15 years in the case of terms filed in language(s) referred to in Article 89a(1)(b).
3.  For the purpose of paragraph (1), point (b)(i), ‘generic’ means the name of a traditional term which, although it relates to a specific production method or ageing method, or the quality, colour, type of place, or a particular linked to the history of a grapevine product, has become the common name of the grapevine product in question in the Union.
4.  The condition laid down in paragraph 1(b) of this Article shall not apply to the traditional terms referred to in point (b) of Article 89.
Amendment 191
Proposal for a regulation
Article 89 c (new)
Article 89c

Applicants

1.  Competent authorities of Member States or third countries or representative professional organisations established in third countries may submit to the Commission an application for protection of traditional terms within the meaning of Article 89.
2. ‘Representative professional organisation’ shall mean any producer organisation or association of producer organisations having adopted the same rules, operating in a given wine-growing area or in several wine-growing areas with a designation of origin or geographical indication, where it includes in its membership at least two-thirds of the producers in the designation of origin or geographical indication area(s) in which it operates and accounts for at least two thirds of that area's production. A representative professional organisation may lodge an application for protection only for wines which it produces.
Amendment 192
Proposal for a regulation
Article 89 d (new)
Article 89d

Recognition procedure

Any decision to reject or recognise the traditional term concerned shall be taken by the Commission on the basis of the evidence available to it. It shall consider whether or not the conditions referred to in Article 89, 89a and 89b, or laid down in Article 90a(3) or Article 90b, have been met.

The decision to reject shall be notified to the objector and to the Member State or the third-country authorities or the representative professional organisation established in the third country in question.

Amendment 193
Proposal for a regulation
Article 91 – paragraph 3 – point a
(a) the applicants that may apply for the protection of a traditional term;
deleted
Amendment 194
Proposal for a regulation
Article 91 – paragraph 3 – point c
(c) the grounds for objecting to a proposed recognition of a traditional term;
deleted
Amendment 195
Proposal for a regulation
Article 91 – paragraph 3 – point d
(d) the scope of the protection, the relationship with trade marks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;
deleted
Amendment 196
Proposal for a regulation
Article 91 – paragraph 3 – point e
(e) the grounds for cancellation of a traditional term;
deleted
Amendment 197
Proposal for a regulation
Article 91 – paragraph 4
4.  Taking into account the specificities in trade between the Union and certain third countries, the Commission may, , adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89.
4.  Taking into account the specificities in trade between the Union and certain third countries, the Commission may,by way of derogation from Article 89, adopt delegated acts laying down the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 89.
Amendment 198
Proposal for a regulation
Article 93 – paragraph 1 a (new)
Those implementing acts shall be adopted without applying the procedure referred to in Article 162(2) or (3).

Amendment 199
Proposal for a regulation
Article 95
Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation.

1.  Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation.
The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VI may not be supplemented by any particulars other than those provided for in this Regulation unless those particulars satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC.

1a.  Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC is present in one of the products referred to in Part II of Annex VI to this Regulation, they shall be indicated on the labelling, preceded by the term ‘contains’.
For sulphites, the following terms may be used: ‘sulphites’, ‘sulfites’, ‘sulphur dioxide’ or ‘sulfur dioxide’.

1b.  The list of ingredients referred to in paragraph 1amay be accompanied by the use of a pictogram. The Commission shall be empowered to adopt delegated acts, in accordance with Article 160, determining the use of such pictograms.
Amendment 200
Proposal for a regulation
Article 96 – paragraph 2
2.  By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected