# Official Journal C 349E/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.CE2013.349.eng |
| --- | --- |
| Official Journal
  of the European Union | C 349E |
| | |
| English edition | Information and Notices | Volume 5629 November 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.CE2013.349.eng

Official Journal

of the European Union

C 349E

English edition

Information and Notices

Volume 5629 November 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | RESOLUTIONS |
| | European Parliament2012-2013 SESSIONSittings of 3 to 5 July 2012The Minutes of this session have been published in OJ C 316 E, 19.10.2012.TEXTS ADOPTED |
| | Tuesday 3 July 2012 |
| 2013/C 349E/01 | Evolution of EU macro-regional strategies: present practice and future prospects, especially in the MediterraneanEuropean Parliament resolution of 3 July 2012 on the evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean (2011/2179(INI)) | 1 |
| 2013/C 349E/02 | Implementation of EU water legislationEuropean Parliament resolution of 3 July 2012 on the implementation of EU water legislation, ahead of a necessary overall approach to European water challenges (2011/2297(INI)) | 9 |
| 2013/C 349E/03 | eCall: a new 112 service for citizensEuropean Parliament resolution of 3 July 2012 on eCall: a new 112 service for citizens (2012/2056(INI)) | 19 |
| 2013/C 349E/04 | Attractiveness of investing in EuropeEuropean Parliament resolution of 3 July 2012 on the attractiveness of investing in Europe (2011/2288(INI)) | 27 |
| 2013/C 349E/05 | Trade aspects of the Eastern partnershipEuropean Parliament resolution of 3 July 2012 on the trade aspects of the Eastern Partnership (2011/2306(INI)) | 38 |
| | Wednesday 4 July 2012 |
| 2013/C 349E/06 | 2013 budget - mandate for trilogueEuropean Parliament resolution of 4 July 2012 on the mandate for the trilogue on the 2013 Draft Budget (2012/2016(BUD)) | 48 |
| 2013/C 349E/07 | Strategy for the protection and welfare of animalsEuropean Parliament resolution of 4 July 2012 on the European Union Strategy for the Protection and Welfare of Animals 2012–2015 (2012/2043(INI)) | 62 |
| 2013/C 349E/08 | Establishment of an EU legal framework for the protection of pets and stray animalsEuropean Parliament resolution of 4 July 2012 on the establishment of an EU legal framework for the protection of pets and stray animals (2012/2670(RSP)) | 71 |
| 2013/C 349E/09 | Conclusions of the European Council meeting (28-29 June 2012)European Parliament resolution of 4 July 2012 on the June 2012 European Council meeting (2011/2923(RSP)) | 72 |
| 2013/C 349E/10 | Access to basic banking servicesEuropean Parliament resolution of 4 July 2012 with recommendations to the Commission on Access to Basic Banking Services (2012/2055(INI)) | 74 |
| ANNEX TO THE RESOLUTION: | 77 |
| | Thursday 5 July 2012 |
| 2013/C 349E/11 | EU policy on the West Bank and East JerusalemEuropean Parliament resolution of 5 July 2012 on EU policy on the West Bank and East Jerusalem (2012/2694(RSP)) | 82 |
| 2013/C 349E/12 | Violence against lesbians and LGBT rights in AfricaEuropean Parliament resolution of 5 July 2012 on violence against lesbian women and the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Africa (2012/2701(RSP)) | 88 |
| 2013/C 349E/13 | Freedom of expression in Belarus, in particular the case of Andrzej PoczobutEuropean Parliament resolution of 5 July 2012 on Belarus, in particular the case of Andrzej Poczobut (2012/2702(RSP)) | 93 |
| 2013/C 349E/14 | Forced abortion scandal in ChinaEuropean Parliament resolution of 5 July 2012 on the forced abortion scandal in China (2012/2712(RSP)) | 98 |
| 2013/C 349E/15 | Development education and active global citizenshipDeclaration of the European Parliament of 5 July 2012 on development education and active global citizenship | 99 |
| 2013/C 349E/16 | The establishment of European Artisanal Gelato DayDeclaration of the European Parliament of 5 July 2012 on the establishment of European Artisanal Gelato Day | 100 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament2012-2013 SESSIONSittings of 3 to 5 July 2012The Minutes of this session have been published in OJ C 316 E, 19.10.2012.TEXTS ADOPTED

Tuesday 3 July 2012

2013/C 349E/01

Evolution of EU macro-regional strategies: present practice and future prospects, especially in the MediterraneanEuropean Parliament resolution of 3 July 2012 on the evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean (2011/2179(INI))

1

2013/C 349E/02

Implementation of EU water legislationEuropean Parliament resolution of 3 July 2012 on the implementation of EU water legislation, ahead of a necessary overall approach to European water challenges (2011/2297(INI))

9

2013/C 349E/03

eCall: a new 112 service for citizensEuropean Parliament resolution of 3 July 2012 on eCall: a new 112 service for citizens (2012/2056(INI))

19

2013/C 349E/04

Attractiveness of investing in EuropeEuropean Parliament resolution of 3 July 2012 on the attractiveness of investing in Europe (2011/2288(INI))

27

2013/C 349E/05

Trade aspects of the Eastern partnershipEuropean Parliament resolution of 3 July 2012 on the trade aspects of the Eastern Partnership (2011/2306(INI))

38

Wednesday 4 July 2012

2013/C 349E/06

2013 budget - mandate for trilogueEuropean Parliament resolution of 4 July 2012 on the mandate for the trilogue on the 2013 Draft Budget (2012/2016(BUD))

48

2013/C 349E/07

Strategy for the protection and welfare of animalsEuropean Parliament resolution of 4 July 2012 on the European Union Strategy for the Protection and Welfare of Animals 2012–2015 (2012/2043(INI))

62

2013/C 349E/08

Establishment of an EU legal framework for the protection of pets and stray animalsEuropean Parliament resolution of 4 July 2012 on the establishment of an EU legal framework for the protection of pets and stray animals (2012/2670(RSP))

71

2013/C 349E/09

Conclusions of the European Council meeting (28-29 June 2012)European Parliament resolution of 4 July 2012 on the June 2012 European Council meeting (2011/2923(RSP))

72

2013/C 349E/10

Access to basic banking servicesEuropean Parliament resolution of 4 July 2012 with recommendations to the Commission on Access to Basic Banking Services (2012/2055(INI))

74

ANNEX TO THE RESOLUTION:

77

Thursday 5 July 2012

2013/C 349E/11

EU policy on the West Bank and East JerusalemEuropean Parliament resolution of 5 July 2012 on EU policy on the West Bank and East Jerusalem (2012/2694(RSP))

82

2013/C 349E/12

Violence against lesbians and LGBT rights in AfricaEuropean Parliament resolution of 5 July 2012 on violence against lesbian women and the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Africa (2012/2701(RSP))

88

2013/C 349E/13

Freedom of expression in Belarus, in particular the case of Andrzej PoczobutEuropean Parliament resolution of 5 July 2012 on Belarus, in particular the case of Andrzej Poczobut (2012/2702(RSP))

93

2013/C 349E/14

Forced abortion scandal in ChinaEuropean Parliament resolution of 5 July 2012 on the forced abortion scandal in China (2012/2712(RSP))

98

2013/C 349E/15

Development education and active global citizenshipDeclaration of the European Parliament of 5 July 2012 on development education and active global citizenship

99

2013/C 349E/16

The establishment of European Artisanal Gelato DayDeclaration of the European Parliament of 5 July 2012 on the establishment of European Artisanal Gelato Day

100

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Parliament |
| | Tuesday 3 July 2012 |
| 2013/C 349E/17 | Electronic signature of amendments (interpretation of Rule 156(1) of Parliament's Rules of Procedure)Decision of the European Parliament of 3 July 2012 concerning a pilot project allowing amendments tabled in committee to be signed electronically (interpretation of the second subparagraph of Rule 156(1) of Parliament's Rules of Procedure) | 101 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Tuesday 3 July 2012

2013/C 349E/17

Electronic signature of amendments (interpretation of Rule 156(1) of Parliament's Rules of Procedure)Decision of the European Parliament of 3 July 2012 concerning a pilot project allowing amendments tabled in committee to be signed electronically (interpretation of the second subparagraph of Rule 156(1) of Parliament's Rules of Procedure)

101

| | III   Preparatory acts |
| --- | --- |
| | EUROPEAN PARLIAMENT |
| | Tuesday 3 July 2012 |
| 2013/C 349E/18 | Insurance and Reinsurance (Solvency II) ***IEuropean Parliament legislative resolution of 3 July 2012 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) as regards the dates of its transposition and application and the date of repeal of certain Directives (COM(2012)0217 – C7-0125/2012 – 2012/0110(COD)) | 102 |
| P7_TC1-COD(2012)0110Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council amending Directive 2009/138/EC (Solvency II) as regards the date for its transposition and the date of its application, and the date of repeal of certain Directives | 103 |
| 2013/C 349E/19 | Association of overseas countries and territories with the European Community *European Parliament legislative resolution of 3 July 2012 on the proposal for a Council decision amending Council Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (COM(2012)0061 – C7-0054/2012 – 2012/0024(CNS)) | 103 |
| 2013/C 349E/20 | Single European railway area ***IIEuropean Parliament legislative resolution of 3 July 2012 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council establishing a single European railway area (recast) (18581/2/2011 – C7-0268/2010 – 2010/0253(COD)) | 104 |
| P7_TC2-COD(2010)0253Position of the European Parliament adopted at second reading on 3 July 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council establishing a single European railway area (recast) | 105 |
| 2013/C 349E/21 | Recording equipment in road transport ***IEuropean Parliament legislative resolution of 3 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council (COM(2011)0451 – C7-0205/2011 – 2011/0196(COD)) | 105 |
| P7_TC1-COD(2011)0196Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council (
  1
  ) | 106 |
| 2013/C 349E/22 | Customs enforcement of intellectual property rights ***IEuropean Parliament legislative resolution of 3 July 2012 on the proposal for a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (COM(2011)0285 – C7-0139/2011 – 2011/0137(COD)) | 148 |
| P7_TC1-COD(2011)0137Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights | 148 |
| | Wednesday 4 July 2012 |
| 2013/C 349E/23 | Common rules for direct support schemes for farmers ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (COM(2010)0539 – C7-0294/2010 – 2010/0267(COD)) | 180 |
| P7_TC1-COD(2010)0267Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers | 181 |
| 2013/C 349E/24 | Support for rural development by the European Agricultural Fund for Rural Development ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2010)0537 – C7-0295/2010 – 2010/0266(COD)) | 215 |
| P7_TC1-COD(2010)0266Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) | 216 |
| 2013/C 349E/25 | Common organisation of agricultural markets and specific provisions for certain agricultural products ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (COM(2010)0799 – C7–0008/2011 – 2010/0385(COD)) | 231 |
| P7_TC1-COD(2010)0385Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation .../2012 of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) | 232 |
| ANNEX I | 425 |
| ANNEX II | 448 |
| ANNEX III | 449 |
| ANNEX IV | 455 |
| ANNEX V | 457 |
| ANNEX VI | 460 |
| ANNEX VII | 461 |
| ANNEX VIII | 463 |
| ANNEX IX | 464 |
| ANNEX X | 465 |
| ANNEX XI | 466 |
| ANNEX XII | 466 |
| Appendix to Annex XII (referred to in Part II) | 481 |
| ANNEX XIII | 484 |
| ANNEX XIV | 488 |
| ANNEX XV | 489 |
| ANNEX XVI | 490 |
| ANNEX XVII | 490 |
| ANNEX XVIII | 503 |
| ANNEX XIX | 504 |
| ANNEX XX | 504 |
| 2013/C 349E/26 | Financing of the common agricultural policy ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008 (COM(2010)0745 – C7-0429/2010 – 2010/0365(COD)) | 519 |
| P7_TC1-COD(2010)0365Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008 | 520 |
| 2013/C 349E/27 | Organic production and labelling of organic products ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products (COM(2010)0759 – C7-0001/2011 – 2010/0364(COD)) | 533 |
| P7_TC1-COD(2010)0364Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products | 533 |
| 2013/C 349E/28 | System of financing by the European Agricultural Guarantee Fund ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund (COM(2010)0761 – C7-0002/2011 – 2010/0366(COD)) | 545 |
| P7_TC1-COD(2010)0366Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund | 546 |
| 2013/C 349E/29 | EU-Russia Agreement on the preservation of commitments on trade in services ***European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (16815/2011 – C7-0522/2011 – 2011/0328(NLE)) | 550 |
| 2013/C 349E/30 | EU-Russia agreement on trade in parts and components of motor vehicles ***European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation (16806/2011 – C7-0517/2011 – 2011/0324(NLE)) | 550 |
| 2013/C 349E/31 | EU-Russia Agreement on the introduction or increase by the Russian Federation of export duties on raw materials ***European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16827/2011 – C7-0520/2011 – 2011/0332(NLE)) | 551 |
| 2013/C 349E/32 | Anti-Counterfeiting Trade Agreement between the EU and its Member States, Australia, Canada, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the USA ***European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America (12195/2011 – C7-0027/2012 – 2011/0167(NLE)) | 552 |
| 2013/C 349E/33 | Direct payments to farmers (2013) ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 as regards the application of direct payments to farmers in respect of the year 2013 (COM(2011)0630 – C7-0337/2011 – 2011/0286(COD)) | 553 |
| P7_TC1-COD(2011)0286Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 as regards the application of direct payments to farmers in respect of the year 2013 | 554 |
| | Thursday 5 July 2012 |
| 2013/C 349E/34 | Protocol on the Statute of the Court of Justice of the European Union ***IEuropean Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto (02074/2011 – C7-0090/2011 – 2011/0901A(COD)) | 555 |
| P7_TC1-COD(2011)0901APosition of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No .../2012 of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto | 556 |
| 2013/C 349E/35 | Temporary judges of the European Union civil service tribunal ***IEuropean Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council relating to temporary judges of the European Union Civil Service Tribunal (01923/2011 – C7-0091/2011 – 2011/0902(COD)) | 556 |
| P7_TC1-COD(2011)0902Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No .../2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal | 557 |
| 2013/C 349E/36 | Financial aid in the field of the trans-European transport and energy networks ***IEuropean Parliament legislative resolution of 5 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks (COM(2011)0659 – C7-0372/2011 – 2011/0301(COD)) | 557 |
| P7_TC1-COD(2011)0301Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks | 558 |
| 2013/C 349E/37 | Draft amending budget No 3/2012: surplus from the 2011 financial yearEuropean Parliament resolution of 5 July 2012 on Council's position on Draft amending budget No 3/2012 of the European Union for the financial year 2012, Section III – Commission (11113/2012 – C7-0147/2012 – 2012/2071(BUD)) | 558 |

III   Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 3 July 2012

2013/C 349E/18

Insurance and Reinsurance (Solvency II) ***IEuropean Parliament legislative resolution of 3 July 2012 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) as regards the dates of its transposition and application and the date of repeal of certain Directives (COM(2012)0217 – C7-0125/2012 – 2012/0110(COD))

102

P7_TC1-COD(2012)0110Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council amending Directive 2009/138/EC (Solvency II) as regards the date for its transposition and the date of its application, and the date of repeal of certain Directives

103

2013/C 349E/19

Association of overseas countries and territories with the European Community *European Parliament legislative resolution of 3 July 2012 on the proposal for a Council decision amending Council Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (COM(2012)0061 – C7-0054/2012 – 2012/0024(CNS))

103

2013/C 349E/20

Single European railway area ***IIEuropean Parliament legislative resolution of 3 July 2012 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council establishing a single European railway area (recast) (18581/2/2011 – C7-0268/2010 – 2010/0253(COD))

104

P7_TC2-COD(2010)0253Position of the European Parliament adopted at second reading on 3 July 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council establishing a single European railway area (recast)

105

2013/C 349E/21

Recording equipment in road transport ***IEuropean Parliament legislative resolution of 3 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council (COM(2011)0451 – C7-0205/2011 – 2011/0196(COD))

105

P7_TC1-COD(2011)0196Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council (
  1
  )

1

106

2013/C 349E/22

Customs enforcement of intellectual property rights ***IEuropean Parliament legislative resolution of 3 July 2012 on the proposal for a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (COM(2011)0285 – C7-0139/2011 – 2011/0137(COD))

148

P7_TC1-COD(2011)0137Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights

148

Wednesday 4 July 2012

2013/C 349E/23

Common rules for direct support schemes for farmers ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (COM(2010)0539 – C7-0294/2010 – 2010/0267(COD))

180

P7_TC1-COD(2010)0267Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers

181

2013/C 349E/24

Support for rural development by the European Agricultural Fund for Rural Development ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2010)0537 – C7-0295/2010 – 2010/0266(COD))

215

P7_TC1-COD(2010)0266Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)

216

2013/C 349E/25

Common organisation of agricultural markets and specific provisions for certain agricultural products ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (COM(2010)0799 – C7–0008/2011 – 2010/0385(COD))

231

P7_TC1-COD(2010)0385Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation .../2012 of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

232

ANNEX I

425

ANNEX II

448

ANNEX III

449

ANNEX IV

455

ANNEX V

457

ANNEX VI

460

ANNEX VII

461

ANNEX VIII

463

ANNEX IX

464

ANNEX X

465

ANNEX XI

466

ANNEX XII

466

Appendix to Annex XII (referred to in Part II)

481

ANNEX XIII

484

ANNEX XIV

488

ANNEX XV

489

ANNEX XVI

490

ANNEX XVII

490

ANNEX XVIII

503

ANNEX XIX

504

ANNEX XX

504

2013/C 349E/26

Financing of the common agricultural policy ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008 (COM(2010)0745 – C7-0429/2010 – 2010/0365(COD))

519

P7_TC1-COD(2010)0365Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008

520

2013/C 349E/27

Organic production and labelling of organic products ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products (COM(2010)0759 – C7-0001/2011 – 2010/0364(COD))

533

P7_TC1-COD(2010)0364Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products

533

2013/C 349E/28

System of financing by the European Agricultural Guarantee Fund ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund (COM(2010)0761 – C7-0002/2011 – 2010/0366(COD))

545

P7_TC1-COD(2010)0366Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund

546

2013/C 349E/29

EU-Russia Agreement on the preservation of commitments on trade in services ***European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (16815/2011 – C7-0522/2011 – 2011/0328(NLE))

550

2013/C 349E/30

EU-Russia agreement on trade in parts and components of motor vehicles ***European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation (16806/2011 – C7-0517/2011 – 2011/0324(NLE))

550

2013/C 349E/31

EU-Russia Agreement on the introduction or increase by the Russian Federation of export duties on raw materials ***European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16827/2011 – C7-0520/2011 – 2011/0332(NLE))

551

2013/C 349E/32

Anti-Counterfeiting Trade Agreement between the EU and its Member States, Australia, Canada, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the USA ***European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America (12195/2011 – C7-0027/2012 – 2011/0167(NLE))

552

2013/C 349E/33

Direct payments to farmers (2013) ***IEuropean Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 as regards the application of direct payments to farmers in respect of the year 2013 (COM(2011)0630 – C7-0337/2011 – 2011/0286(COD))

553

P7_TC1-COD(2011)0286Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 as regards the application of direct payments to farmers in respect of the year 2013

554

Thursday 5 July 2012

2013/C 349E/34

Protocol on the Statute of the Court of Justice of the European Union ***IEuropean Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto (02074/2011 – C7-0090/2011 – 2011/0901A(COD))

555

P7_TC1-COD(2011)0901APosition of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No .../2012 of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto

556

2013/C 349E/35

Temporary judges of the European Union civil service tribunal ***IEuropean Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council relating to temporary judges of the European Union Civil Service Tribunal (01923/2011 – C7-0091/2011 – 2011/0902(COD))

556

P7_TC1-COD(2011)0902Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No .../2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal

557

2013/C 349E/36

Financial aid in the field of the trans-European transport and energy networks ***IEuropean Parliament legislative resolution of 5 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks (COM(2011)0659 – C7-0372/2011 – 2011/0301(COD))

557

P7_TC1-COD(2011)0301Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks

558

2013/C 349E/37

Draft amending budget No 3/2012: surplus from the 2011 financial yearEuropean Parliament resolution of 5 July 2012 on Council's position on Draft amending budget No 3/2012 of the European Union for the financial year 2012, Section III – Commission (11113/2012 – C7-0147/2012 – 2012/2071(BUD))

558

| Key to symbols used






  - | Consultation procedure |
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| **I | Cooperation procedure: first reading |
| **II | Cooperation procedure: second reading |
| *** | Assent procedure |
| ***I | Codecision procedure: first reading |
| ***II | Codecision procedure: second reading |
| ***III | Codecision procedure: third reading |

Key to symbols used

*

Consultation procedure

**I

Cooperation procedure: first reading

**II

Cooperation procedure: second reading

***

Assent procedure

***I

Codecision procedure: first reading

***II

Codecision procedure: second reading

***III

Codecision procedure: third reading

(The type of procedure is determined by the legal basis proposed by the Commission.)

Political amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▐.

Technical corrections and adaptations by the services: new or replacement text is highlighted in italics and deletions are indicated by the symbol ║.

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(1)   Text with EEA relevance

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| EN | |
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EN

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I Resolutions, recommendations and opinions

RESOLUTIONS

European Parliament 2012-2013 SESSION Sittings of 3 to 5 July 2012 The Minutes of this session have been published in OJ C 316 E, 19.10.2012. TEXTS ADOPTED

Tuesday 3 July 2012

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/1 |
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29.11.2013

EN

Official Journal of the European Union

CE 349/1

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Tuesday 3 July 2012Evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean

P7_TA(2012)0269

European Parliament resolution of 3 July 2012 on the evolution of EU macro-regional strategies: present practice and future prospects, especially in the Mediterranean (2011/2179(INI))

2013/C 349 E/01

The European Parliament,

| — | having regard to the MED operational programme 2007–2013 adopted by the Commission in December 2007, |
| --- | --- |

—

having regard to the MED operational programme 2007–2013 adopted by the Commission in December 2007,

| — | having regard to the ENPI Mediterranean Sea Basin Programme for cross-border cooperation 2007–2013, adopted by the Commission on 14 August 2008, |
| --- | --- |

—

having regard to the ENPI Mediterranean Sea Basin Programme for cross-border cooperation 2007–2013, adopted by the Commission on 14 August 2008,

| — | having regard to Arco Latino’s strategic plan 2010–2015 entitled ‘A structured and innovative Mediterranean’, |
| --- | --- |

—

having regard to Arco Latino’s strategic plan 2010–2015 entitled ‘A structured and innovative Mediterranean’,

| — | having regard to its resolution of 6 July 2010 on the European Union Strategy for the Baltic Sea and the role of macro-regions in the future cohesion policy (1), |
| --- | --- |

—

having regard to its resolution of 6 July 2010 on the European Union Strategy for the Baltic Sea and the role of macro-regions in the future cohesion policy (1),

| — | having regard to its resolution of 22 September 2010 on the European strategy for the economic and social development of mountain regions, islands and sparsely populated areas (2), |
| --- | --- |

—

having regard to its resolution of 22 September 2010 on the European strategy for the economic and social development of mountain regions, islands and sparsely populated areas (2),

| — | having regard to the Commission communication of 9 November 2010 entitled ‘Conclusions of the fifth report on economic, social and territorial cohesion: the future of cohesion policy’ (COM(2010)0642), |
| --- | --- |

—

having regard to the Commission communication of 9 November 2010 entitled ‘Conclusions of the fifth report on economic, social and territorial cohesion: the future of cohesion policy’ (COM(2010)0642),

| — | having regard to the Commission communication of 8 December 2010 entitled ‘European Union Strategy for the Danube Region’ (COM(2010)0715) and the indicative action plan accompanying the strategy (SEC(2009)0712), |
| --- | --- |

—

having regard to the Commission communication of 8 December 2010 entitled ‘European Union Strategy for the Danube Region’ (COM(2010)0715) and the indicative action plan accompanying the strategy (SEC(2009)0712),

| — | having regard to its resolution of 17 February 2011 on the implementation of the EU Strategy for the Danube Region (3), |
| --- | --- |

—

having regard to its resolution of 17 February 2011 on the implementation of the EU Strategy for the Danube Region (3),

| — | having regard to the ARLEM report of 29 January 2011 on the territorial dimension of the Union for the Mediterranean – recommendations for the future, |
| --- | --- |

—

having regard to the ARLEM report of 29 January 2011 on the territorial dimension of the Union for the Mediterranean – recommendations for the future,

| — | having regard to its resolution of 7 April 2011 on the review of the European Neighbourhood Policy – Southern Dimension (4), |
| --- | --- |

—

having regard to its resolution of 7 April 2011 on the review of the European Neighbourhood Policy – Southern Dimension (4),

| — | having regard to the report of 22 June 2011 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Implementation of the EU Strategy for the Baltic Sea Region (EUSBSR) (COM(2011)0381), |
| --- | --- |

—

having regard to the report of 22 June 2011 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Implementation of the EU Strategy for the Baltic Sea Region (EUSBSR) (COM(2011)0381),

| — | having regard to its resolution of 23 June 2011 on Objective 3: a challenge for territorial cooperation – the future agenda for cross-border, transnational and interregional cooperation (5), |
| --- | --- |

—

having regard to its resolution of 23 June 2011 on Objective 3: a challenge for territorial cooperation – the future agenda for cross-border, transnational and interregional cooperation (5),

| — | having regard to the conclusions of the European Council of 23 and 24 June 2011 endorsing the European Union Strategy for the Danube Region and inviting the Member States to continue working in cooperation with the Commission on possible future macro-regional strategies, in particular as regards the Adriatic and Ionian region, |
| --- | --- |

—

having regard to the conclusions of the European Council of 23 and 24 June 2011 endorsing the European Union Strategy for the Danube Region and inviting the Member States to continue working in cooperation with the Commission on possible future macro-regional strategies, in particular as regards the Adriatic and Ionian region,

| — | having regard to the Commission proposal of 6 October 2011 for a regulation of the European Parliament and the Council on specific provisions for support from the European Regional Development Fund to the European territorial cooperation goal (COM(2011)0611), |
| --- | --- |

—

having regard to the Commission proposal of 6 October 2011 for a regulation of the European Parliament and the Council on specific provisions for support from the European Regional Development Fund to the European territorial cooperation goal (COM(2011)0611),

| — | having regard to the own-initiative opinion on territorial cooperation in the Mediterranean through the Adriatic-Ionian macro-region, adopted unanimously at the plenary session of the Committee of the Regions on 11 October 2011, |
| --- | --- |

—

having regard to the own-initiative opinion on territorial cooperation in the Mediterranean through the Adriatic-Ionian macro-region, adopted unanimously at the plenary session of the Committee of the Regions on 11 October 2011,

| — | having regard to the final declaration by the chair of the Interinstitutional Forum held in Catania on 10 December 2011 on ‘Old and new faces in an ever evolving Mediterranean: the role of the people, the regions and local bodies, the governments and the supranational institutions in a strategy of intrinsic unity’, |
| --- | --- |

—

having regard to the final declaration by the chair of the Interinstitutional Forum held in Catania on 10 December 2011 on ‘Old and new faces in an ever evolving Mediterranean: the role of the people, the regions and local bodies, the governments and the supranational institutions in a strategy of intrinsic unity’,

| — | having regard to its resolution of 14 December 2011 on the review of the European Neighbourhood Policy (6), |
| --- | --- |

—

having regard to its resolution of 14 December 2011 on the review of the European Neighbourhood Policy (6),

| — | having regard to its declaration of 19 January 2012 on the establishment of the Pact of Islands as an official European initiative (7), pursuant to Article 174 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to its declaration of 19 January 2012 on the establishment of the Pact of Islands as an official European initiative (7), pursuant to Article 174 of the Treaty on the Functioning of the European Union,

| — | having regard to the communication of 23 March 2012 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions concerning the European Union Strategy for the Baltic Sea Region (COM(2012)0128), |
| --- | --- |

—

having regard to the communication of 23 March 2012 from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions concerning the European Union Strategy for the Baltic Sea Region (COM(2012)0128),

| — | having regard to the Belgrade Declaration, approved at the 14th meeting of the Adriatic and Ionian Council on 30 April 2012, |
| --- | --- |

—

having regard to the Belgrade Declaration, approved at the 14th meeting of the Adriatic and Ionian Council on 30 April 2012,

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Developing a Maritime Strategy for the Atlantic Ocean Area’ (COM(2011)0782), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Developing a Maritime Strategy for the Atlantic Ocean Area’ (COM(2011)0782),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Regional Development and the opinions of the Committee on Foreign Affairs and the Committee on Culture and Education (A7-0219/2012), |
| --- | --- |

—

having regard to the report of the Committee on Regional Development and the opinions of the Committee on Foreign Affairs and the Committee on Culture and Education (A7-0219/2012),

| A. | whereas the macro-regional strategy for the Baltic Sea was adopted in 2009 and whereas the Commission (report of 22 June 2011 – COM(2011)0381) has stressed ‘the value of this new way of cooperating’; |
| --- | --- |

A.

whereas the macro-regional strategy for the Baltic Sea was adopted in 2009 and whereas the Commission (report of 22 June 2011 – COM(2011)0381) has stressed ‘the value of this new way of cooperating’;

| B. | whereas on 13 April 2011 (8) the Council invited the Commission ‘to play a leading role in the strategic coordination’ of the macro-regional strategy for the Danube; |
| --- | --- |

B.

whereas on 13 April 2011 (8) the Council invited the Commission ‘to play a leading role in the strategic coordination’ of the macro-regional strategy for the Danube;

| C. | whereas the macro-regional strategy aims to open up a new area for cohesion policy in Europe, with the goal being territorial-based development; |
| --- | --- |

C.

whereas the macro-regional strategy aims to open up a new area for cohesion policy in Europe, with the goal being territorial-based development;

| D. | whereas the budget line ‘technical assistance on the European Union Strategy for the Baltic Sea Region’, which was created on Parliament’s initiative when the European Union’s 2011 budget was adopted, has demonstrated the value of such appropriations for the successful development of a macro-regional strategy; |
| --- | --- |

D.

whereas the budget line ‘technical assistance on the European Union Strategy for the Baltic Sea Region’, which was created on Parliament’s initiative when the European Union’s 2011 budget was adopted, has demonstrated the value of such appropriations for the successful development of a macro-regional strategy;

| E. | whereas the Commission is proposing that the transnational strand of territorial cooperation policy should be enhanced in order to support further macro-regional policies (COM(2010)0642); |
| --- | --- |

E.

whereas the Commission is proposing that the transnational strand of territorial cooperation policy should be enhanced in order to support further macro-regional policies (COM(2010)0642);

| F. | whereas several macro-region projects are at an advanced stage, and whereas the Commission, in its capacity as coordinator, should help to put in place sustainable governance, and to set out common criteria and measureable indicators for assessing their relevance; |
| --- | --- |

F.

whereas several macro-region projects are at an advanced stage, and whereas the Commission, in its capacity as coordinator, should help to put in place sustainable governance, and to set out common criteria and measureable indicators for assessing their relevance;

| G. | whereas the Mediterranean has played a major geopolitical role in European history; |
| --- | --- |

G.

whereas the Mediterranean has played a major geopolitical role in European history;

| H. | whereas the so-called 'Arab Spring' has highlighted the strategic potential of the geographic, political and economic links between the two sides of the Mediterranean; |
| --- | --- |

H.

whereas the so-called 'Arab Spring' has highlighted the strategic potential of the geographic, political and economic links between the two sides of the Mediterranean;

| I. | noting the success of cooperation within the framework of the Barcelona Process and the Union for the Mediterranean and the multilateral and bilateral cooperation initiatives taken under EU instruments and programmes such as the MED and ENPI in the context of the European Neighbourhood Policy; |
| --- | --- |

I.

noting the success of cooperation within the framework of the Barcelona Process and the Union for the Mediterranean and the multilateral and bilateral cooperation initiatives taken under EU instruments and programmes such as the MED and ENPI in the context of the European Neighbourhood Policy;

| J. | noting the current development of the Union for the Mediterranean and given that its potential as a catalyst in the region will increase; |
| --- | --- |

J.

noting the current development of the Union for the Mediterranean and given that its potential as a catalyst in the region will increase;

| K. | whereas a macro-regional approach would enable an overall project to be set out in this area vital to the EU’s future, with a view to emerging from the present crisis and responding to the expectations of all its neighbours, particularly those in the Southern Mediterranean; |
| --- | --- |

K.

whereas a macro-regional approach would enable an overall project to be set out in this area vital to the EU’s future, with a view to emerging from the present crisis and responding to the expectations of all its neighbours, particularly those in the Southern Mediterranean;

| L. | whereas the Mediterranean is a coherent whole, constituting a single cultural and environmental area, and sharing very many characteristics and priorities common to the ‘Mediterranean climate’: the same crops, abundant renewable energy sources, particularly solar energy, the importance of tourism, the same natural disaster risks (fires, floods, earthquakes, water shortages) and the risks from human activity, particularly maritime pollution; |
| --- | --- |

L.

whereas the Mediterranean is a coherent whole, constituting a single cultural and environmental area, and sharing very many characteristics and priorities common to the ‘Mediterranean climate’: the same crops, abundant renewable energy sources, particularly solar energy, the importance of tourism, the same natural disaster risks (fires, floods, earthquakes, water shortages) and the risks from human activity, particularly maritime pollution;

| M. | whereas the Mediterranean is a very large area stretching nearly 4 000 km from east to west, with numerous islands and with territories with land and sea borders with North Africa, and whereas a huge network of maritime routes should be promoted therein, enabling increased trade whilst reducing related CO2 emissions; |
| --- | --- |

M.

whereas the Mediterranean is a very large area stretching nearly 4 000 km from east to west, with numerous islands and with territories with land and sea borders with North Africa, and whereas a huge network of maritime routes should be promoted therein, enabling increased trade whilst reducing related CO2 emissions;

| N. | whereas, notwithstanding Article 174 of the TFEU, the European institutions have not yet adopted a permanent strategy that takes into account the specific needs of the islands, and whereas the full accessibility of Mediterranean insular regions and their better integration within the European single market could best be ensured through the allocation of appropriate resources and the adoption of an integrated approach on the insularity issue, acknowledging the structural disadvantage faced by island populations in the fields of transport and energy; |
| --- | --- |

N.

whereas, notwithstanding Article 174 of the TFEU, the European institutions have not yet adopted a permanent strategy that takes into account the specific needs of the islands, and whereas the full accessibility of Mediterranean insular regions and their better integration within the European single market could best be ensured through the allocation of appropriate resources and the adoption of an integrated approach on the insularity issue, acknowledging the structural disadvantage faced by island populations in the fields of transport and energy;

| O. | whereas the proposal for an Adriatic-Ionian macro-regional strategy is progressing, taking place in the context of longstanding cooperation and solidarity in a contiguous territory around the Adriatic and Ionian Seas, and supported by the eight participating states of the Adriatic-Ionian Initiative (AII), as repeatedly demonstrated in the statements made by the eight foreign ministers who signed up to the Initiative in Ancona (2010), Brussels (2011) and Belgrade (2012); |
| --- | --- |

O.

whereas the proposal for an Adriatic-Ionian macro-regional strategy is progressing, taking place in the context of longstanding cooperation and solidarity in a contiguous territory around the Adriatic and Ionian Seas, and supported by the eight participating states of the Adriatic-Ionian Initiative (AII), as repeatedly demonstrated in the statements made by the eight foreign ministers who signed up to the Initiative in Ancona (2010), Brussels (2011) and Belgrade (2012);

| P. | whereas there have been meetings with numerous involved regions, with the Union for the Mediterranean and with the various bodies involved in European Union territorial cooperation policy, as part of the drafting process for this report; |
| --- | --- |

P.

whereas there have been meetings with numerous involved regions, with the Union for the Mediterranean and with the various bodies involved in European Union territorial cooperation policy, as part of the drafting process for this report;

On macro-regional strategies in general

| 1. | Endorses the macro-regional approach to territorial cooperation policies between territories belonging to a services and working area: maritime area, mountain range or river basin; believes that macro-regional strategies opened a new chapter in European territorial cooperation by applying a bottom-up approach and spreading cooperation to more and more areas via the better use of available resources; recommends that, in view of their clear European added value, macro-regional strategies should receive more attention in the framework of European territorial cooperation, to be reinforced as of 2013; |
| --- | --- |

1.

Endorses the macro-regional approach to territorial cooperation policies between territories belonging to a services and working area: maritime area, mountain range or river basin; believes that macro-regional strategies opened a new chapter in European territorial cooperation by applying a bottom-up approach and spreading cooperation to more and more areas via the better use of available resources; recommends that, in view of their clear European added value, macro-regional strategies should receive more attention in the framework of European territorial cooperation, to be reinforced as of 2013;

| 2. | Considers that this type of territorial cooperation strategy is useful, particularly when these territories have historically been divided by borders, and can further the integration of new Member States and their regions; |
| --- | --- |

2.

Considers that this type of territorial cooperation strategy is useful, particularly when these territories have historically been divided by borders, and can further the integration of new Member States and their regions;

| 3. | Takes the view that the overview provided by a macro-regional strategy would make territorial cooperation projects and the EGTC more beneficial, and that this would enhance synergies with the major EU strategies, such as the trans-European transport network or the Integrated Maritime Policy; considers that it would also be easier to involve other European policy instruments, such as those proposed by the EIB; considers that these steps would improve the coordination of EU policies at a transnational and inter-regional level; |
| --- | --- |

3.

Takes the view that the overview provided by a macro-regional strategy would make territorial cooperation projects and the EGTC more beneficial, and that this would enhance synergies with the major EU strategies, such as the trans-European transport network or the Integrated Maritime Policy; considers that it would also be easier to involve other European policy instruments, such as those proposed by the EIB; considers that these steps would improve the coordination of EU policies at a transnational and inter-regional level;

| 4. | Recommends basing macro-regional strategies on multilevel governance, ensuring the involvement of local and regional authorities and of the greatest possible number of partners and stakeholders, such as representatives of civil society, universities and research centres, in both the elaboration and the implementation of macro-regional strategies in order to increase their ownership at local and regional level; |
| --- | --- |

4.

Recommends basing macro-regional strategies on multilevel governance, ensuring the involvement of local and regional authorities and of the greatest possible number of partners and stakeholders, such as representatives of civil society, universities and research centres, in both the elaboration and the implementation of macro-regional strategies in order to increase their ownership at local and regional level;

| 5. | Stresses that macro-regions provide an environment conducive to the involvement of local political stakeholders and non-governmental stakeholders, as these regions foster the development of effective coordination systems which facilitate bottom-up approaches, with a view to ensuring the meaningful involvement of civil society in political decision-making, and to pooling existing initiatives in order to optimise resources and bring together the actors involved; |
| --- | --- |

5.

Stresses that macro-regions provide an environment conducive to the involvement of local political stakeholders and non-governmental stakeholders, as these regions foster the development of effective coordination systems which facilitate bottom-up approaches, with a view to ensuring the meaningful involvement of civil society in political decision-making, and to pooling existing initiatives in order to optimise resources and bring together the actors involved;

| 6. | Takes the view that the macro-regional strategy could steer the European Neighbourhood Policy and/or pre-accession policy towards being more effective; |
| --- | --- |

6.

Takes the view that the macro-regional strategy could steer the European Neighbourhood Policy and/or pre-accession policy towards being more effective;

On current macro-regional strategies

| 7. | Welcomes the evidence that the macro-regional strategy for the Baltic Sea is of major benefit to Europe; it has set out an action plan with clearly identified priorities, and is endorsed by the Council, supported by the Commission and shared by all national, regional and local stakeholders; |
| --- | --- |

7.

Welcomes the evidence that the macro-regional strategy for the Baltic Sea is of major benefit to Europe; it has set out an action plan with clearly identified priorities, and is endorsed by the Council, supported by the Commission and shared by all national, regional and local stakeholders;

| 8. | Calls for this strategy to be the subject of a complete evaluation based on objective criteria and measurable indicators for each of the priority areas; |
| --- | --- |

8.

Calls for this strategy to be the subject of a complete evaluation based on objective criteria and measurable indicators for each of the priority areas;

| 9. | Considers it necessary, if this strategy is to be fully successful, to retain the governance structure in the long term, extending it to include local and regional authorities, by including it in the upcoming programming period 2014–2020; |
| --- | --- |

9.

Considers it necessary, if this strategy is to be fully successful, to retain the governance structure in the long term, extending it to include local and regional authorities, by including it in the upcoming programming period 2014–2020;

| 10. | Calls on the Commission and the Council to support fully the approach taken with the Danube basin, which should also be evaluated and regularly monitored; |
| --- | --- |

10.

Calls on the Commission and the Council to support fully the approach taken with the Danube basin, which should also be evaluated and regularly monitored;

On future macro-regional strategies

| 11. | Suggests that the Commission coordinate a consultation and dialogue process for future macro-regional strategies; takes the view that lack of cooperation or the need to strengthen existing cooperation between European territories belonging to different Member States but the same services and working area should be the basis for identifying priority areas; considers that the result of this dialogue should be a ‘projected European macro-regions map’, mainly coordinated with the Member States and the regions concerned, which would not be binding and could change depending on local dynamics; |
| --- | --- |

11.

Suggests that the Commission coordinate a consultation and dialogue process for future macro-regional strategies; takes the view that lack of cooperation or the need to strengthen existing cooperation between European territories belonging to different Member States but the same services and working area should be the basis for identifying priority areas; considers that the result of this dialogue should be a ‘projected European macro-regions map’, mainly coordinated with the Member States and the regions concerned, which would not be binding and could change depending on local dynamics;

| 12. | Takes the view that the macro-regional strategies need better alignment of funding, more efficient utilisation of existing resources and coordination of instruments; considers that, although such strategies do not require further funding, institutional instruments or regulation, funding for the monitoring thereof in the form of technical assistance appropriations and appropriations for preliminary evaluation and data-collection and for any start-up is justified, and that the macro-regional strategy should promote structural projects, taking the multi-annual financial framework 2014-2020 into account; |
| --- | --- |

12.

Takes the view that the macro-regional strategies need better alignment of funding, more efficient utilisation of existing resources and coordination of instruments; considers that, although such strategies do not require further funding, institutional instruments or regulation, funding for the monitoring thereof in the form of technical assistance appropriations and appropriations for preliminary evaluation and data-collection and for any start-up is justified, and that the macro-regional strategy should promote structural projects, taking the multi-annual financial framework 2014-2020 into account;

| 13. | Calls on the Commission and the Council to take into account EU macro-regional strategies when deciding on budgetary envelopes such as cohesion and structural funds, research and development, and in particular regional cooperation; |
| --- | --- |

13.

Calls on the Commission and the Council to take into account EU macro-regional strategies when deciding on budgetary envelopes such as cohesion and structural funds, research and development, and in particular regional cooperation;

| 14. | Calls for the operational programmes to be closely geared to the corresponding priorities of the macro-regional strategies in order to ensure the best possible coordination of objectives and means; |
| --- | --- |

14.

Calls for the operational programmes to be closely geared to the corresponding priorities of the macro-regional strategies in order to ensure the best possible coordination of objectives and means;

Prospects in the Mediterranean

| 15. | Supports the implementation of a macro-regional strategy for the Mediterranean basin, so as to offer an action plan for addressing the common and problematic challenges facing the Mediterranean countries and regions and to give structure to this key area for Europe's development and integration, and calls on the Council and the Commission to act quickly on this matter; |
| --- | --- |

15.

Supports the implementation of a macro-regional strategy for the Mediterranean basin, so as to offer an action plan for addressing the common and problematic challenges facing the Mediterranean countries and regions and to give structure to this key area for Europe's development and integration, and calls on the Council and the Commission to act quickly on this matter;

| 16. | Takes the view that a Mediterranean macro-regional strategy that involves European, national, regional and local authorities, regional organisations, financial institutions, and NGOs from the European side of the Mediterranean basin and the Union for the Mediterranean, and that is open to neighbouring countries and/or countries at the pre-accession stage, would significantly improve territorial cooperation in this area in political and operational terms; stresses the importance of drawing on the experience, existing resources and achievements of existing regional organisations; |
| --- | --- |

16.

Takes the view that a Mediterranean macro-regional strategy that involves European, national, regional and local authorities, regional organisations, financial institutions, and NGOs from the European side of the Mediterranean basin and the Union for the Mediterranean, and that is open to neighbouring countries and/or countries at the pre-accession stage, would significantly improve territorial cooperation in this area in political and operational terms; stresses the importance of drawing on the experience, existing resources and achievements of existing regional organisations;

| 17. | Emphasises that a Mediterranean macro-region could ensure that the EU’s different programmes concerning the Mediterranean complement each other and that existing financing is used as efficiently as possible, and could bring real added value to the concrete projects of the Union for the Mediterranean and involve the relevant third countries and regions at the moment of defining the strategy, using the Neighbourhood and Partnership Instrument to this end, always in strict compliance with the rule of law and on the basis of respect for human rights, fundamental freedoms and democracy, promoting where necessary the principle of ‘more for more’; |
| --- | --- |

17.

Emphasises that a Mediterranean macro-region could ensure that the EU’s different programmes concerning the Mediterranean complement each other and that existing financing is used as efficiently as possible, and could bring real added value to the concrete projects of the Union for the Mediterranean and involve the relevant third countries and regions at the moment of defining the strategy, using the Neighbourhood and Partnership Instrument to this end, always in strict compliance with the rule of law and on the basis of respect for human rights, fundamental freedoms and democracy, promoting where necessary the principle of ‘more for more’;

| 18. | Emphasises the importance of the Mediterranean as a decentralised area of cooperation – that goes beyond strict geographical borders – for strengthening cross-regional decision-making and the sharing of good practices, not least concerning democracy, human rights, the rule of law, ecology, economic development, ecotourism, as well as cultural, research, educational, youth and sport partnerships; underlines the specific importance of education as a catalyst for democratic transition; |
| --- | --- |

18.

Emphasises the importance of the Mediterranean as a decentralised area of cooperation – that goes beyond strict geographical borders – for strengthening cross-regional decision-making and the sharing of good practices, not least concerning democracy, human rights, the rule of law, ecology, economic development, ecotourism, as well as cultural, research, educational, youth and sport partnerships; underlines the specific importance of education as a catalyst for democratic transition;

| 19. | Considers that the Mediterranean macro-region must develop in accordance with international standards on economic, social and cultural rights, in particular the Universal Declaration of Human Rights and the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions; |
| --- | --- |

19.

Considers that the Mediterranean macro-region must develop in accordance with international standards on economic, social and cultural rights, in particular the Universal Declaration of Human Rights and the Unesco Convention on the Protection and Promotion of the Diversity of Cultural Expressions;

| 20. | Urges the Council to follow up on its conclusions of 24 June 2011 and take into account the willingness shown by the territories concerned nationally, regionally and locally with regard to the Adriatic-Ionian macro-regional strategy, historical links, traditions and the initiatives undertaken, by adopting this strategy in the coming months, so as to realise a first step towards a Mediterranean macro-regional strategy; |
| --- | --- |

20.

Urges the Council to follow up on its conclusions of 24 June 2011 and take into account the willingness shown by the territories concerned nationally, regionally and locally with regard to the Adriatic-Ionian macro-regional strategy, historical links, traditions and the initiatives undertaken, by adopting this strategy in the coming months, so as to realise a first step towards a Mediterranean macro-regional strategy;

| 21. | Stresses that the Adriatic-Ionian macro-regional strategy is a significant factor in reconciliation between territories of the Western Balkans and may assist these countries’ efforts to join the EU; |
| --- | --- |

21.

Stresses that the Adriatic-Ionian macro-regional strategy is a significant factor in reconciliation between territories of the Western Balkans and may assist these countries’ efforts to join the EU;

| 22. | Hopes that macro-regional strategies that have significant maritime aspects and that take into account the numerous Mediterranean coastal and island territories and their development needs will also emerge for the western and eastern Mediterranean; believes that such future strategies should pay increased attention to the protection of the environment, biodiversity and sustainable tourism; |
| --- | --- |

22.

Hopes that macro-regional strategies that have significant maritime aspects and that take into account the numerous Mediterranean coastal and island territories and their development needs will also emerge for the western and eastern Mediterranean; believes that such future strategies should pay increased attention to the protection of the environment, biodiversity and sustainable tourism;

| 23. | Calls on the Commission to genuinely implement Article174 of the TFEU through a strategic plan, with a view to overcoming the structural handicaps of island territories and ensuring the conditions for economic growth and effective social and territorial cohesion; stresses that particular focus needs to be placed on ensuring full accessibility and territorial continuity of these territories with the continent, through appropriate funding; urges the Commission, furthermore, to adopt measures, such as an increase in the threshold for de minimis aid for islands, with special reference to the agriculture, transport and fishery sectors, that contribute to making island territories equally competitive with the mainland territories so as to reduce the gap between different levels of development among European regions and ensure their effective integration in the single market; |
| --- | --- |

23.

Calls on the Commission to genuinely implement Article174 of the TFEU through a strategic plan, with a view to overcoming the structural handicaps of island territories and ensuring the conditions for economic growth and effective social and territorial cohesion; stresses that particular focus needs to be placed on ensuring full accessibility and territorial continuity of these territories with the continent, through appropriate funding; urges the Commission, furthermore, to adopt measures, such as an increase in the threshold for de minimis aid for islands, with special reference to the agriculture, transport and fishery sectors, that contribute to making island territories equally competitive with the mainland territories so as to reduce the gap between different levels of development among European regions and ensure their effective integration in the single market;

| 24. | Hopes that the Commission will take a positive stand towards the insular dimension of the Mediterranean macro-regional strategy, particularly when considering state aid which constitutes legitimate compensation with respect to the handicaps of insularity and when adapting cohesion policy and research and innovation policies to the specific needs of the islands in order to increase their integration into continental Europe; |
| --- | --- |

24.

Hopes that the Commission will take a positive stand towards the insular dimension of the Mediterranean macro-regional strategy, particularly when considering state aid which constitutes legitimate compensation with respect to the handicaps of insularity and when adapting cohesion policy and research and innovation policies to the specific needs of the islands in order to increase their integration into continental Europe;

| 25. | Stresses the importance of culture and creative industries as a fundamental pillar of development and job creation in island regions; |
| --- | --- |

25.

Stresses the importance of culture and creative industries as a fundamental pillar of development and job creation in island regions;

| 26. | Urges the Commission to determine what instruments are required to evaluate and launch any new macro-regional initiatives in the western and eastern Mediterranean, such as pilot projects; |
| --- | --- |

26.

Urges the Commission to determine what instruments are required to evaluate and launch any new macro-regional initiatives in the western and eastern Mediterranean, such as pilot projects;

| 27. | Emphasises that major areas of intervention for a Mediterranean macro-region should target appropriate sub-regional levels for cooperation on specific projects and include energy networks, scientific cooperation and innovation, networks for culture, education and training, tourism, trade, environmental protection, sustainable maritime transport, maritime security and safety and the protection of the marine environment against pollution, overfishing and illegal fishing through the creation of an integrated network of reporting and surveillance systems for maritime activities, the strengthening of good governance and effective public administration, so as to foster job creation; |
| --- | --- |

27.

Emphasises that major areas of intervention for a Mediterranean macro-region should target appropriate sub-regional levels for cooperation on specific projects and include energy networks, scientific cooperation and innovation, networks for culture, education and training, tourism, trade, environmental protection, sustainable maritime transport, maritime security and safety and the protection of the marine environment against pollution, overfishing and illegal fishing through the creation of an integrated network of reporting and surveillance systems for maritime activities, the strengthening of good governance and effective public administration, so as to foster job creation;

| 28. | Takes the view that coordination of these three macro-regional strategies – western Mediterranean, Adriatic-Ionian, and eastern Mediterranean – will enable the implementation of an overall policy for the whole Mediterranean basin that is in synergy with the priorities set out by regional and international organisations, and in particular those defined by the Union for the Mediterranean, and the implementation of best practices that can contribute towards achieving the EU Strategy objectives of smart and sustainable economic growth; |
| --- | --- |

28.

Takes the view that coordination of these three macro-regional strategies – western Mediterranean, Adriatic-Ionian, and eastern Mediterranean – will enable the implementation of an overall policy for the whole Mediterranean basin that is in synergy with the priorities set out by regional and international organisations, and in particular those defined by the Union for the Mediterranean, and the implementation of best practices that can contribute towards achieving the EU Strategy objectives of smart and sustainable economic growth;

| 29. | Considers it important, especially after the events of the Arab Spring, that the new macro-region should contribute to the definition of a new strategy with third countries for the proper management of immigration flows, with due regard for the mutual benefits of increased mobility, based on combating poverty and fostering employment and fair trade, and thereby contributing to stability in the macro-region; |
| --- | --- |

29.

Considers it important, especially after the events of the Arab Spring, that the new macro-region should contribute to the definition of a new strategy with third countries for the proper management of immigration flows, with due regard for the mutual benefits of increased mobility, based on combating poverty and fostering employment and fair trade, and thereby contributing to stability in the macro-region;

| 30. | Considers, given that the EU’s Mediterranean territories share sea and land borders with North Africa, that a macro-regional strategy would boost the southern dimension of the EU's Neighbourhood Policy, taking on a concrete territorial dimension which would guarantee greater management of migration flows and impact positively on the performance of the economies of the countries concerned; |
| --- | --- |

30.

Considers, given that the EU’s Mediterranean territories share sea and land borders with North Africa, that a macro-regional strategy would boost the southern dimension of the EU's Neighbourhood Policy, taking on a concrete territorial dimension which would guarantee greater management of migration flows and impact positively on the performance of the economies of the countries concerned;

| 31. | Considers that a macro-regional strategy in the Mediterranean must coordinate existing EU funds, particularly neighbourhood policy, cohesion policy and territorial cooperation funds to implement projects aimed at addressing common challenges such as the protection and enhancement of the Euro-Mediterranean cultural heritage; recalls the importance of a coordinated and balanced neighbourhood policy for the South and the eligibility of cultural projects financed by ERDF to address these challenges; |
| --- | --- |

31.

Considers that a macro-regional strategy in the Mediterranean must coordinate existing EU funds, particularly neighbourhood policy, cohesion policy and territorial cooperation funds to implement projects aimed at addressing common challenges such as the protection and enhancement of the Euro-Mediterranean cultural heritage; recalls the importance of a coordinated and balanced neighbourhood policy for the South and the eligibility of cultural projects financed by ERDF to address these challenges;

| 32. | Stresses the importance of creative and cultural industries, and considers that this sector of the economy will play an increasingly important role in the region’s economic growth and employment; calls for particular attention to be afforded to the implementation of cultural and academic exchange programmes, as well as to the strengthening of cultural and stable tourism links; |
| --- | --- |

32.

Stresses the importance of creative and cultural industries, and considers that this sector of the economy will play an increasingly important role in the region’s economic growth and employment; calls for particular attention to be afforded to the implementation of cultural and academic exchange programmes, as well as to the strengthening of cultural and stable tourism links;

| 33. | Considers that cultural tourism can have a particular impact on the Mediterranean region, both from an economic point of view and as a factor of mutual knowledge and intercultural understanding; |
| --- | --- |

33.

Considers that cultural tourism can have a particular impact on the Mediterranean region, both from an economic point of view and as a factor of mutual knowledge and intercultural understanding;

| 34. | Stresses that the Mediterranean macro-region would favour intercultural dialogue and the enrichment of the shared cultural heritage of the European Union, mobilise civil society and thereby encourage NGOs and Mediterranean peoples to participate in EU cultural and educational programmes; |
| --- | --- |

34.

Stresses that the Mediterranean macro-region would favour intercultural dialogue and the enrichment of the shared cultural heritage of the European Union, mobilise civil society and thereby encourage NGOs and Mediterranean peoples to participate in EU cultural and educational programmes;

| 35. | Recalls the fundamental role that education plays in democracy and social and economic development, as well as the importance of professional training in fighting youth unemployment; |
| --- | --- |

35.

Recalls the fundamental role that education plays in democracy and social and economic development, as well as the importance of professional training in fighting youth unemployment;

| 36. | Stresses that, in the context of the Mediterranean macro-region and taking into account the motivation of young people particularly in the southern countries, it is important to strengthen cooperation in the field of youth by promoting European programmes and creating synergies with the work of the Mediterranean Office for Youth; |
| --- | --- |

36.

Stresses that, in the context of the Mediterranean macro-region and taking into account the motivation of young people particularly in the southern countries, it is important to strengthen cooperation in the field of youth by promoting European programmes and creating synergies with the work of the Mediterranean Office for Youth;

| 37. | Stresses the importance of focusing especially on young people, as they will be the foundation of a new generation and the ones to wield the greatest influence on how their respective countries face the future; |
| --- | --- |

37.

Stresses the importance of focusing especially on young people, as they will be the foundation of a new generation and the ones to wield the greatest influence on how their respective countries face the future;

| 38. | Recommends, in order to promote exchange programmes, dynamic research, innovation and lifelong learning, the creation of networks with higher education and research institutions in the future Mediterranean macro-region and the development of education infrastructure in that region, as well as the removal of obstacles to the movement of students, persons undergoing training, young volunteers, teachers, trainers, researchers and administrative staff; stresses the need to strengthen the quality of teaching and research in those networks by adequately financing and supporting the Tempus and Erasmus Mundus programmes, especially in view of the low number of Erasmus Mundus programme beneficiaries in the Mediterranean area; |
| --- | --- |

38.

Recommends, in order to promote exchange programmes, dynamic research, innovation and lifelong learning, the creation of networks with higher education and research institutions in the future Mediterranean macro-region and the development of education infrastructure in that region, as well as the removal of obstacles to the movement of students, persons undergoing training, young volunteers, teachers, trainers, researchers and administrative staff; stresses the need to strengthen the quality of teaching and research in those networks by adequately financing and supporting the Tempus and Erasmus Mundus programmes, especially in view of the low number of Erasmus Mundus programme beneficiaries in the Mediterranean area;

| 39. | Considers that the mobility of artists and the arts in the Euro-Mediterranean area is hindered by numerous obstacles, that vary according to country and region, and that are linked not only to difficulties in obtaining visas but also to the lack of status that artists face and to the conditions they face as creators of artistic works, particularly in southern countries; considers that a Mediterranean macro-region would serve to promote mutual recognition of the status of artists, offer opportunities to reflect on mobility and optimise the use of training programmes, networking and the free movement of cultural actors, artists and works; |
| --- | --- |

39.

Considers that the mobility of artists and the arts in the Euro-Mediterranean area is hindered by numerous obstacles, that vary according to country and region, and that are linked not only to difficulties in obtaining visas but also to the lack of status that artists face and to the conditions they face as creators of artistic works, particularly in southern countries; considers that a Mediterranean macro-region would serve to promote mutual recognition of the status of artists, offer opportunities to reflect on mobility and optimise the use of training programmes, networking and the free movement of cultural actors, artists and works;

| 40. | Calls for the implementation, in the next programming period, of a ‘Euro-Mediterranean Erasmus’ programme, intended to encourage the transnational mobility of students from both sides of the Mediterranean, as well as a ‘Euro-Mediterranean Leonardo da Vinci’ programme for young people who, in the framework of a macro-regional strategy, wish to acquire professional training abroad; |
| --- | --- |

40.

Calls for the implementation, in the next programming period, of a ‘Euro-Mediterranean Erasmus’ programme, intended to encourage the transnational mobility of students from both sides of the Mediterranean, as well as a ‘Euro-Mediterranean Leonardo da Vinci’ programme for young people who, in the framework of a macro-regional strategy, wish to acquire professional training abroad;

| 41. | Emphasises the need to adopt measures to counter the increasing ‘brain drain’ from this region; |
| --- | --- |

41.

Emphasises the need to adopt measures to counter the increasing ‘brain drain’ from this region;

| 42. | Calls for the most to be made of the historical, cultural and linguistic diversity of the Mediterranean area, which is a source of innovation, providing an impetus to the cultural and creative industries as well as to the tourism sector; calls for cooperation between museums and cultural establishments to be encouraged and supported; |
| --- | --- |

42.

Calls for the most to be made of the historical, cultural and linguistic diversity of the Mediterranean area, which is a source of innovation, providing an impetus to the cultural and creative industries as well as to the tourism sector; calls for cooperation between museums and cultural establishments to be encouraged and supported;

| 43. | Recalls that, in the countries surrounding the Mediterranean, there is particular interest in European cinema and audiovisual productions, and that this continues to exert significant influence on the dialogue between cultures in the area, as part of the current stage of democratic development of these societies; |
| --- | --- |

43.

Recalls that, in the countries surrounding the Mediterranean, there is particular interest in European cinema and audiovisual productions, and that this continues to exert significant influence on the dialogue between cultures in the area, as part of the current stage of democratic development of these societies;

| 44. | Suggests that greater cooperation and trade should be pursued with third countries in order to improve the standing of European production on the global market, and particularly in the Mediterranean area, and thereby promote cultural exchange and the launch of new initiatives to encourage Euro-Mediterranean dialogue and democratic progress across the entire region, particularly in light of the commitments made during the Euro-Mediterranean Conference on Cinema; |
| --- | --- |

44.

Suggests that greater cooperation and trade should be pursued with third countries in order to improve the standing of European production on the global market, and particularly in the Mediterranean area, and thereby promote cultural exchange and the launch of new initiatives to encourage Euro-Mediterranean dialogue and democratic progress across the entire region, particularly in light of the commitments made during the Euro-Mediterranean Conference on Cinema;

| 45. | Calls on the Member States involved to encourage the cooperative spirit that has emerged during the drafting of the present report and urges the future Cypriot Presidency of the EU to support this project so that the Commission and the Council can adopt an action plan for the Mediterranean macroregional strategy as a matter of urgency; highlights moreover, the importance of inter-governmental and inter-regional cooperation in the development of a macro-regional strategy; |
| --- | --- |

45.

Calls on the Member States involved to encourage the cooperative spirit that has emerged during the drafting of the present report and urges the future Cypriot Presidency of the EU to support this project so that the Commission and the Council can adopt an action plan for the Mediterranean macroregional strategy as a matter of urgency; highlights moreover, the importance of inter-governmental and inter-regional cooperation in the development of a macro-regional strategy;

*

* *

| 46. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

46.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ C 351 E, 2.12.2011, p. 1.

(2)  OJ C 50 E, 21.2.2012, p. 55.

(3)  OJ C 188 E, 28.6.2012, p. 30.

(4)  Texts adopted, P7_TA(2011)0154.

(5)  Texts adopted, P7_TA(2011)0285.

(6)  Texts adopted, P7_TA(2011)0576.

(7)  Texts adopted, P7_TA(2012)0016.

(8)  8743/1/2011 REV 1.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/9 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/9

---

Tuesday 3 July 2012Implementation of EU water legislation

P7_TA(2012)0273

European Parliament resolution of 3 July 2012 on the implementation of EU water legislation, ahead of a necessary overall approach to European water challenges (2011/2297(INI))

2013/C 349 E/02

The European Parliament,

| — | having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (1) (‘the WFD’), |
| --- | --- |

—

having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (1) (‘the WFD’),

| — | having regard to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (2), (‘the Groundwater Directive’) |
| --- | --- |

—

having regard to Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration (2), (‘the Groundwater Directive’)

| — | having regard to Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (3) (‘the EQSD’), |
| --- | --- |

—

having regard to Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (3) (‘the EQSD’),

| — | having regard to Council Directive 91/271/EEC of 21 May 1991 concerning urban wastewater treatment (4) (‘the UWWTD’), |
| --- | --- |

—

having regard to Council Directive 91/271/EEC of 21 May 1991 concerning urban wastewater treatment (4) (‘the UWWTD’),

| — | having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (5) (‘the Nitrates Directive’), |
| --- | --- |

—

having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (5) (‘the Nitrates Directive’),

| — | having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (6) (‘the Floods Directive’), |
| --- | --- |

—

having regard to Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (6) (‘the Floods Directive’),

| — | having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (7), |
| --- | --- |

—

having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market (7),

| — | having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (8) (‘the REACH Regulation’), |
| --- | --- |

—

having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (8) (‘the REACH Regulation’),

| — | having regard to Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (9), |
| --- | --- |

—

having regard to Directive 2009/128/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides (9),

| — | having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (10) and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (11), |
| --- | --- |

—

having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (10) and Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (11),

| — | having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (12), |
| --- | --- |

—

having regard to Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (12),

| — | having regard to the upcoming Commission ‘Blueprint to safeguard Europe’s water resources’, |
| --- | --- |

—

having regard to the upcoming Commission ‘Blueprint to safeguard Europe’s water resources’,

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’ (COM(2011)0244), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled ‘Our life insurance, our natural capital: an EU biodiversity strategy to 2020’ (COM(2011)0244),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Roadmap to a Resource Efficient Europe’ (COM(2011)0571), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Roadmap to a Resource Efficient Europe’ (COM(2011)0571),

| — | having regard to the upcoming European Innovation Partnership on Water, |
| --- | --- |

—

having regard to the upcoming European Innovation Partnership on Water,

| — | having regard to the Communication from the Commission of 18 July 2007 entitled ‘Addressing the challenge of water scarcity and droughts in the European Union’ (COM(2007)0414), |
| --- | --- |

—

having regard to the Communication from the Commission of 18 July 2007 entitled ‘Addressing the challenge of water scarcity and droughts in the European Union’ (COM(2007)0414),

| — | having regard to its resolution of 15 March 2012 (13) on the 6th World Water Forum in Marseille on 12–17 March 2012 and the Platform of Solutions and Commitments there adopted, |
| --- | --- |

—

having regard to its resolution of 15 March 2012 (13) on the 6th World Water Forum in Marseille on 12–17 March 2012 and the Platform of Solutions and Commitments there adopted,

| — | having regard to its resolution of 9 October 2008 on addressing the challenge of water scarcity and droughts in the European Union (14), |
| --- | --- |

—

having regard to its resolution of 9 October 2008 on addressing the challenge of water scarcity and droughts in the European Union (14),

| — | having regard to its resolution of 6 May 2010 on the Commission White Paper entitled ‘Adapting to climate change: Towards a European framework for action’ (15), |
| --- | --- |

—

having regard to its resolution of 6 May 2010 on the Commission White Paper entitled ‘Adapting to climate change: Towards a European framework for action’ (15),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Petitions (A7-0192/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy and the Committee on Petitions (A7-0192/2012),

| A. | whereas the WFD established a framework to protect and restore clean water in the EU and to ensure its long-term, sustainable use, and has the objective of achieving ‘good ecological and chemical status’ by 2015, but whereas the review of the River Basin Management Plans set up by Member States as required by the Directive indicate that a significant number of EU water bodies will not reach ‘good status’ by 2015 due to both long-standing and emerging challenges; |
| --- | --- |

A.

whereas the WFD established a framework to protect and restore clean water in the EU and to ensure its long-term, sustainable use, and has the objective of achieving ‘good ecological and chemical status’ by 2015, but whereas the review of the River Basin Management Plans set up by Member States as required by the Directive indicate that a significant number of EU water bodies will not reach ‘good status’ by 2015 due to both long-standing and emerging challenges;

| B. | whereas freshwater biodiversity in Europe is in crisis, with 37 % of European freshwater fish species and 40 % of freshwater molluscs considered to be threatened according to the International Union for Conservation of Nature (IUCN) Red List criteria; |
| --- | --- |

B.

whereas freshwater biodiversity in Europe is in crisis, with 37 % of European freshwater fish species and 40 % of freshwater molluscs considered to be threatened according to the International Union for Conservation of Nature (IUCN) Red List criteria;

| C. | whereas water is particularly vulnerable to the effects of climate change, which could lead to a decline in the quantity and quality of water – particularly drinking water – available as well as to a rise in the frequency and intensity of floods and droughts; |
| --- | --- |

C.

whereas water is particularly vulnerable to the effects of climate change, which could lead to a decline in the quantity and quality of water – particularly drinking water – available as well as to a rise in the frequency and intensity of floods and droughts;

| D. | whereas water is an inalienable public asset which is essential for life and equitable water management plays a vital role in the preservation of the world’s natural capital and ecosystem services as well as in all aspects of resource use and economic production, and whereas the future of industry in Europe depends on finding effective responses to the current water challenges and on managing existing water resources, which directly affect human health, energy production, agriculture and food security, both responsibly and efficiently; |
| --- | --- |

D.

whereas water is an inalienable public asset which is essential for life and equitable water management plays a vital role in the preservation of the world’s natural capital and ecosystem services as well as in all aspects of resource use and economic production, and whereas the future of industry in Europe depends on finding effective responses to the current water challenges and on managing existing water resources, which directly affect human health, energy production, agriculture and food security, both responsibly and efficiently;

| E. | whereas Europe is abstracting around 13 % of its total available freshwater, which is already showing signs of water stress, and whereas in many places in Europe water abstraction is going beyond sustainable levels, threatening wildlife, the safety of supply to society and different economic uses, and whereas in some regions of southern Europe the water exploitation index has risen by over 40 % with high levels of water stress; |
| --- | --- |

E.

whereas Europe is abstracting around 13 % of its total available freshwater, which is already showing signs of water stress, and whereas in many places in Europe water abstraction is going beyond sustainable levels, threatening wildlife, the safety of supply to society and different economic uses, and whereas in some regions of southern Europe the water exploitation index has risen by over 40 % with high levels of water stress;

| F. | whereas the semi-arid climates of large expanses of southern Europe are also characterised by very unequal distribution of water resources throughout the year, and from year to year, and whereas this extremely irregular distribution tends to intensify with climate changes; |
| --- | --- |

F.

whereas the semi-arid climates of large expanses of southern Europe are also characterised by very unequal distribution of water resources throughout the year, and from year to year, and whereas this extremely irregular distribution tends to intensify with climate changes;

| G. | whereas the Europe 2020 Strategy stipulates a more efficient use of resources but current trends in water use are often unsustainable due to inefficient practices resulting in water wastage, and whereas water infrastructure systems are often outdated, whether in the most developed regions or in the less developed regions, and there is a lack of information about actual performance and losses; |
| --- | --- |

G.

whereas the Europe 2020 Strategy stipulates a more efficient use of resources but current trends in water use are often unsustainable due to inefficient practices resulting in water wastage, and whereas water infrastructure systems are often outdated, whether in the most developed regions or in the less developed regions, and there is a lack of information about actual performance and losses;

| H. | whereas the transition to a green economy can only be achieved by taking into account water-related challenges; |
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H.

whereas the transition to a green economy can only be achieved by taking into account water-related challenges;

| I. | whereas inadequately cleaned wastewater continues to pollute the seas around the shores of the EU, so that it is essential to speed up the development of sewage-treatment infrastructure in the Member States; |
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I.

whereas inadequately cleaned wastewater continues to pollute the seas around the shores of the EU, so that it is essential to speed up the development of sewage-treatment infrastructure in the Member States;

Implementation of EU water legislation: successes and gaps

| 1. | Acknowledges that the WFD constitutes a solid and ambitious legislative base for long-term integrated water management in the EU; welcomes the improvement in the quality of European water and wastewater treatment in recent years; points out however that the rate of implementation has been slow and uneven across Member States and regions and that the implementation of the WFD needs to be improved significantly in order to achieve ‘good status’ throughout European waters by 2015; |
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1.

Acknowledges that the WFD constitutes a solid and ambitious legislative base for long-term integrated water management in the EU; welcomes the improvement in the quality of European water and wastewater treatment in recent years; points out however that the rate of implementation has been slow and uneven across Member States and regions and that the implementation of the WFD needs to be improved significantly in order to achieve ‘good status’ throughout European waters by 2015;

| 2. | Recognises that water is a shared resource of humankind and a public good and that access to water should constitute a fundamental and universal right; stresses that the sustainable use of water is an environmental and health necessity that plays a fundamental role in the climate regulation cycle; reiterates the need to adapt internal market rules to the distinctive characteristics of the water sector and invites the Member States, in keeping with the principle of subsidiarity, to manage water and water utilities in accordance with Article 9 of the WFD; |
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2.

Recognises that water is a shared resource of humankind and a public good and that access to water should constitute a fundamental and universal right; stresses that the sustainable use of water is an environmental and health necessity that plays a fundamental role in the climate regulation cycle; reiterates the need to adapt internal market rules to the distinctive characteristics of the water sector and invites the Member States, in keeping with the principle of subsidiarity, to manage water and water utilities in accordance with Article 9 of the WFD;

| 3. | Notes that, despite the progress made in the implementation of the Urban Waste Water Treatment Directive, there are still gaps concerning the compliance rates on collecting systems and/or treatment; |
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3.

Notes that, despite the progress made in the implementation of the Urban Waste Water Treatment Directive, there are still gaps concerning the compliance rates on collecting systems and/or treatment;

| 4. | Underlines that, while the major focus should be on the implementation of current legislation in the water sector, specific gaps exist that need to be filled both by adapting existing legislation to water priorities and by providing new legislation to address the impact of specific sectors and activities, and that consideration should be given to the importance of cooperation between the various operators and other affected parties for sustainable water management; |
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4.

Underlines that, while the major focus should be on the implementation of current legislation in the water sector, specific gaps exist that need to be filled both by adapting existing legislation to water priorities and by providing new legislation to address the impact of specific sectors and activities, and that consideration should be given to the importance of cooperation between the various operators and other affected parties for sustainable water management;

| 5. | Reiterates its position that the Commission must submit draft legislation, similar to the directive on floods, which encourages the adoption of an EU policy on water shortages, droughts and adapting to climate change; |
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5.

Reiterates its position that the Commission must submit draft legislation, similar to the directive on floods, which encourages the adoption of an EU policy on water shortages, droughts and adapting to climate change;

| 6. | Classifies the Commission’s upcoming ‘Blueprint to safeguard Europe’s water resources’ as the EU policy response to current and future water challenges, with the objective of ensuring sufficient availability of good-quality water for sustainable and equitable water use up to 2050, without impinging on national jurisdictions in relation to water; |
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6.

Classifies the Commission’s upcoming ‘Blueprint to safeguard Europe’s water resources’ as the EU policy response to current and future water challenges, with the objective of ensuring sufficient availability of good-quality water for sustainable and equitable water use up to 2050, without impinging on national jurisdictions in relation to water;

| 7. | Reminds the Member States of their obligations under the WFD to achieve good water status by 2015; urges the Commission to take determined action to bring Member States’ infringements of EU law in the field of water to an end; calls at the same time for further assistance, for example through comprehensive guidelines and effective instruments, to be developed and made available to foster capacity-building in particular for regional authorities and river basin agencies, to ensure a level playing field and assist the Member States in achieving better compliance at future stages of implementation of EU water policy, in order to deliver on water policy commitments; points out that, in many instances, petitions have uncovered problems related to the transposition and proper implementation of the EU water legislation and invites the European Commission to be more determined in its inquiries, in particular when examining petitions; |
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7.

Reminds the Member States of their obligations under the WFD to achieve good water status by 2015; urges the Commission to take determined action to bring Member States’ infringements of EU law in the field of water to an end; calls at the same time for further assistance, for example through comprehensive guidelines and effective instruments, to be developed and made available to foster capacity-building in particular for regional authorities and river basin agencies, to ensure a level playing field and assist the Member States in achieving better compliance at future stages of implementation of EU water policy, in order to deliver on water policy commitments; points out that, in many instances, petitions have uncovered problems related to the transposition and proper implementation of the EU water legislation and invites the European Commission to be more determined in its inquiries, in particular when examining petitions;

Water Efficiency and Management of Resources

| 8. | Emphasises the importance of water efficiency; calls for more efficient water usage especially in sectors such as energy and agriculture, which are the largest water users; |
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8.

Emphasises the importance of water efficiency; calls for more efficient water usage especially in sectors such as energy and agriculture, which are the largest water users;

| 9. | Emphasises the nexus between energy production, energy efficiency and water security; points out that additional strategies and concepts, such as the use of water for energy storage, are needed at European level to ensure that the growing demand for energy does not jeopardise water security and that the potential for reducing energy use through water efficiency is captured; stresses that water use should be taken into account when assessing the sustainability of traditional as well as low-carbon energy sources, including in particular bioenergy and hydropower, and draws attention to the risks associated with non-conventional natural gas extraction; |
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9.

Emphasises the nexus between energy production, energy efficiency and water security; points out that additional strategies and concepts, such as the use of water for energy storage, are needed at European level to ensure that the growing demand for energy does not jeopardise water security and that the potential for reducing energy use through water efficiency is captured; stresses that water use should be taken into account when assessing the sustainability of traditional as well as low-carbon energy sources, including in particular bioenergy and hydropower, and draws attention to the risks associated with non-conventional natural gas extraction;

| 10. | Stresses that the efficiency and sustainability of water use by the agriculture sector can be improved by the introduction of innovative technologies and practices, and by improvements to information and the awareness of farmers and end users; in this context, emphasises that cooperation between land managers and other stakeholders is a good way to attain positive results in water protection; further emphasises that, in view of the challenges of climate change and food security, sufficient water resources should be mobilised for agriculture, for example by developing water storage; notes that the majority of water is used by the agricultural sector and emphasises the importance of the conservation and sustainable use of water in the current reform of the CAP; |
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10.

Stresses that the efficiency and sustainability of water use by the agriculture sector can be improved by the introduction of innovative technologies and practices, and by improvements to information and the awareness of farmers and end users; in this context, emphasises that cooperation between land managers and other stakeholders is a good way to attain positive results in water protection; further emphasises that, in view of the challenges of climate change and food security, sufficient water resources should be mobilised for agriculture, for example by developing water storage; notes that the majority of water is used by the agricultural sector and emphasises the importance of the conservation and sustainable use of water in the current reform of the CAP;

| 11. | Believes that the growing demand for water requires urgent investment in irrigation and calls on the Commission to facilitate access to solutions to water shortages, such as artificially recharging groundwater reservoirs, water harvesting and developing alternative irrigation techniques; at the same time, stresses the importance of the transfer of knowledge and technology relating to those techniques, as well as water conservation, water collection, groundwater management and wastewater treatment; |
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11.

Believes that the growing demand for water requires urgent investment in irrigation and calls on the Commission to facilitate access to solutions to water shortages, such as artificially recharging groundwater reservoirs, water harvesting and developing alternative irrigation techniques; at the same time, stresses the importance of the transfer of knowledge and technology relating to those techniques, as well as water conservation, water collection, groundwater management and wastewater treatment;

| 12. | Emphasises that the rate of groundwater recharge under agricultural and forestry land is very high and that farmers and foresters already have a particular responsibility in maintaining the purity of high quality groundwater; recognises the efforts by farmers to improve groundwater quality to date; |
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12.

Emphasises that the rate of groundwater recharge under agricultural and forestry land is very high and that farmers and foresters already have a particular responsibility in maintaining the purity of high quality groundwater; recognises the efforts by farmers to improve groundwater quality to date;

| 13. | Underlines that an environmentally- and economically-sound water sanitation and wastewater management policy should tackle pollution at source before passing all pollutants through a costly end-of-pipe treatment, particularly with regard to water flowing through contaminated soil; encourages the use of wastewater and the by-products of end-of-pipe treatment as a new resource on the basis of stringent quality requirements; notes that wastewater can be used as a source of energy by recovering the heat or energy from the organic matter it carries, and that this opportunity should be exploited; |
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13.

Underlines that an environmentally- and economically-sound water sanitation and wastewater management policy should tackle pollution at source before passing all pollutants through a costly end-of-pipe treatment, particularly with regard to water flowing through contaminated soil; encourages the use of wastewater and the by-products of end-of-pipe treatment as a new resource on the basis of stringent quality requirements; notes that wastewater can be used as a source of energy by recovering the heat or energy from the organic matter it carries, and that this opportunity should be exploited;

| 14. | Calls for EU water legislation to be updated — as appropriate — to properly take into account technological advances for the reuse and recycling of water in order to allow a cost- and energy-efficient reuse of treated wastewater for irrigation and industry as well as the reuse of greywater in households; calls for measures for proper monitoring of the chemical and biological quality of reclaimed water; calls on the Commission to consider formulas to create incentives for more widespread use of treated wastewater, greywater and rainwater, in order to help to mitigate water stress; |
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14.

Calls for EU water legislation to be updated — as appropriate — to properly take into account technological advances for the reuse and recycling of water in order to allow a cost- and energy-efficient reuse of treated wastewater for irrigation and industry as well as the reuse of greywater in households; calls for measures for proper monitoring of the chemical and biological quality of reclaimed water; calls on the Commission to consider formulas to create incentives for more widespread use of treated wastewater, greywater and rainwater, in order to help to mitigate water stress;

| 15. | Points out that reducing water consumption should be a priority; underlines the importance of ecodesign and water-saving devices and calls for water metering to be made binding across all sectors and users in all EU countries; furthermore, calls on the Commission to regulate the water efficiency of devices and agricultural use; |
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15.

Points out that reducing water consumption should be a priority; underlines the importance of ecodesign and water-saving devices and calls for water metering to be made binding across all sectors and users in all EU countries; furthermore, calls on the Commission to regulate the water efficiency of devices and agricultural use;

| 16. | Recalls that about 20 % of water in the EU is lost due to inefficiency, so that improving efficiency in the use of water resources is key to sustainable water management and, in particular, to dealing with the problems of water scarcity and drought; insists on the urgent need to conduct an audit on the state of the European water network to assess quality, degeneration and interconnectivity, given the possibility that as much as 70 % of the water supplied to European cities is lost as a result of leaks in the water system, and to encourage infrastructure investment; |
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16.

Recalls that about 20 % of water in the EU is lost due to inefficiency, so that improving efficiency in the use of water resources is key to sustainable water management and, in particular, to dealing with the problems of water scarcity and drought; insists on the urgent need to conduct an audit on the state of the European water network to assess quality, degeneration and interconnectivity, given the possibility that as much as 70 % of the water supplied to European cities is lost as a result of leaks in the water system, and to encourage infrastructure investment;

Water and Ecosystems

| 17. | Notes that water is at the core of most ecosystem services and stresses the importance of proper water management in reaching biodiversity targets; stresses the need for reforestation and wetland restoration measures in the management of water resources; calls for better alignment of the objectives of the WFD with Natura 2000; stresses that the knowledge base should integrate the concept of ‘environmental flows’ and take into account the ecosystem services supported by water; stresses the need to take into account the fact that water cycle changes depend on habitat and that this has an influence on the percentage of water that is recycled: the water cycle is not the same everywhere and differences exist between the cycles in the tropics, the Mediterranean and the middle or high latitudes; |
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17.

Notes that water is at the core of most ecosystem services and stresses the importance of proper water management in reaching biodiversity targets; stresses the need for reforestation and wetland restoration measures in the management of water resources; calls for better alignment of the objectives of the WFD with Natura 2000; stresses that the knowledge base should integrate the concept of ‘environmental flows’ and take into account the ecosystem services supported by water; stresses the need to take into account the fact that water cycle changes depend on habitat and that this has an influence on the percentage of water that is recycled: the water cycle is not the same everywhere and differences exist between the cycles in the tropics, the Mediterranean and the middle or high latitudes;

| 18. | Stresses that water resources and related ecosystems are particularly vulnerable to the effects of climate change, which could lead to a decline in the quantity and quality of water available, particularly drinking water, as well as to a rise in the frequency and intensity of floods and droughts; calls for climate change adaptation and mitigation policies to take due account of the impact on water resources; underlines the importance of risk prevention, mitigation and response strategies to prevent water-related extreme phenomena; |
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18.

Stresses that water resources and related ecosystems are particularly vulnerable to the effects of climate change, which could lead to a decline in the quantity and quality of water available, particularly drinking water, as well as to a rise in the frequency and intensity of floods and droughts; calls for climate change adaptation and mitigation policies to take due account of the impact on water resources; underlines the importance of risk prevention, mitigation and response strategies to prevent water-related extreme phenomena;

| 19. | Underlines the impact that climate change could have on our water ecosystems, necessitating stringent, systematic measures aimed at conserving nature and biodiversity, and which require the establishment of meticulous rules for the mass management of transformed water, in particular as regards the management of reservoirs and transformed water systems while respecting Member States’ competence on the subject; |
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19.

Underlines the impact that climate change could have on our water ecosystems, necessitating stringent, systematic measures aimed at conserving nature and biodiversity, and which require the establishment of meticulous rules for the mass management of transformed water, in particular as regards the management of reservoirs and transformed water systems while respecting Member States’ competence on the subject;

| 20. | Notes that some countries do not suffer from shortages of water but are having difficulty in managing the excess of water resulting from regular or heavy rainfall, flooding, river erosion and pollution affecting river basins and coastal areas, as well as the effects of these phenomena on the local population, as is demonstrated by the many petitions received; calls on the Commission to conduct a relevant analysis of the ways to prevent the effects of flooding, given the noticeable increase in the flood risk in Member States in recent years; |
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20.

Notes that some countries do not suffer from shortages of water but are having difficulty in managing the excess of water resulting from regular or heavy rainfall, flooding, river erosion and pollution affecting river basins and coastal areas, as well as the effects of these phenomena on the local population, as is demonstrated by the many petitions received; calls on the Commission to conduct a relevant analysis of the ways to prevent the effects of flooding, given the noticeable increase in the flood risk in Member States in recent years;

| 21. | Emphasises the need for the Commission to call on the Member States to promote the reintroduction of environmentally-friendly agricultural activities in mountain areas to combat hydrogeological instability and to promote water regulation by reintroducing the good practices of creating ditches, drains and embankments, which make it possible, in the event of excessive rain, to reduce the negative impact downstream and, in the event of drought, to guarantee stored water resources that can also be used to fight forest fires; |
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21.

Emphasises the need for the Commission to call on the Member States to promote the reintroduction of environmentally-friendly agricultural activities in mountain areas to combat hydrogeological instability and to promote water regulation by reintroducing the good practices of creating ditches, drains and embankments, which make it possible, in the event of excessive rain, to reduce the negative impact downstream and, in the event of drought, to guarantee stored water resources that can also be used to fight forest fires;

| 22. | Recognises the essential role that underground aquifers play in the water cycle and in a number of key issues including water pollution, flood mitigation schemes, saline intrusion and land subsidence due to prolonged depletion of groundwater; calls on the Commission to place sufficient emphasis on the importance of sustainable underground aquifer management; |
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22.

Recognises the essential role that underground aquifers play in the water cycle and in a number of key issues including water pollution, flood mitigation schemes, saline intrusion and land subsidence due to prolonged depletion of groundwater; calls on the Commission to place sufficient emphasis on the importance of sustainable underground aquifer management;

| 23. | Regarding the significant risks to both surface and groundwater posed by shale gas exploration and extraction, calls on the Commission to ensure that such activities are covered by the Environmental Impact Assessment Directive; also calls on the Commission to swiftly issue guidance on the gathering of baseline water monitoring data which must be obtained prior to any fracking, both explorative and exploitative, and the criteria to be used for assessing the impact of fracking in different geological formations, including potential leakage to groundwater reservoirs; |
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23.

Regarding the significant risks to both surface and groundwater posed by shale gas exploration and extraction, calls on the Commission to ensure that such activities are covered by the Environmental Impact Assessment Directive; also calls on the Commission to swiftly issue guidance on the gathering of baseline water monitoring data which must be obtained prior to any fracking, both explorative and exploitative, and the criteria to be used for assessing the impact of fracking in different geological formations, including potential leakage to groundwater reservoirs;

| 24. | Recalls that soil protection is a core element for preserving the quality of water; notes that the causes and consequences of soil deterioration are mostly local and regional in nature and that the principle of subsidiarity should therefore be applied; calls on all Member States to meet their obligations with regard to the assurance of soil quality and to maintain soil health, while also urging Member States where no soil protection provisions exist to step up to their responsibilities; |
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24.

Recalls that soil protection is a core element for preserving the quality of water; notes that the causes and consequences of soil deterioration are mostly local and regional in nature and that the principle of subsidiarity should therefore be applied; calls on all Member States to meet their obligations with regard to the assurance of soil quality and to maintain soil health, while also urging Member States where no soil protection provisions exist to step up to their responsibilities;

| 25. | Points out that integrated water resource management and land planning at river-basin level should take into account water-dependent economic activities and water needs for all users, as well as the need for a holistic approach to water scarcity, and should ensure the sustainability of human activities on water; |
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25.

Points out that integrated water resource management and land planning at river-basin level should take into account water-dependent economic activities and water needs for all users, as well as the need for a holistic approach to water scarcity, and should ensure the sustainability of human activities on water;

| 26. | Considers that wastewater from urban resources represents one of the most significant effects of pollution on the aquatic environment, in rivers and on the coast, and that the successful implementation of the Urban Waste Water Treatment Directive will have a significant influence on the water quality in all Member States and thus on the successful implementation of the WFD; |
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26.

Considers that wastewater from urban resources represents one of the most significant effects of pollution on the aquatic environment, in rivers and on the coast, and that the successful implementation of the Urban Waste Water Treatment Directive will have a significant influence on the water quality in all Member States and thus on the successful implementation of the WFD;

| 27. | Draws attention to the severe impact that such pollution can have on human health, as witnessed by petitions received from Ireland (Galway), France (Brittany) and other Member States; recalls its resolution of 2 February 2012 on the issues raised by petitioners in relation to the application of the Waste Management Directive and related directives in the Member States of the European Union, which drew attention to the dangerous levels of water contamination resulting from badly-managed or illegal landfill sites and quarries, which has led to infiltration and pollution of groundwater and of water tables (nappes phréatiques); |
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27.

Draws attention to the severe impact that such pollution can have on human health, as witnessed by petitions received from Ireland (Galway), France (Brittany) and other Member States; recalls its resolution of 2 February 2012 on the issues raised by petitioners in relation to the application of the Waste Management Directive and related directives in the Member States of the European Union, which drew attention to the dangerous levels of water contamination resulting from badly-managed or illegal landfill sites and quarries, which has led to infiltration and pollution of groundwater and of water tables (nappes phréatiques);

| 28. | Draws attention to a number of negative factors denounced by petitioners – including waste landfills, failure by competent authorities to control water quality, irregular or unlawful agricultural and industrial practices, urban and energy-related development, agriculture and industry – which impact on the environment and human health and are responsible for poor water quality; calls therefore for the establishment of more targeted incentives for efficient water management and – in particular for poor and rural populations – affordable access to water for all, and for the distribution of water in areas facing shortages, particularly those areas situated at a distance from large urban agglomerations equipped with water infrastructure; |
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28.

Draws attention to a number of negative factors denounced by petitioners – including waste landfills, failure by competent authorities to control water quality, irregular or unlawful agricultural and industrial practices, urban and energy-related development, agriculture and industry – which impact on the environment and human health and are responsible for poor water quality; calls therefore for the establishment of more targeted incentives for efficient water management and – in particular for poor and rural populations – affordable access to water for all, and for the distribution of water in areas facing shortages, particularly those areas situated at a distance from large urban agglomerations equipped with water infrastructure;

| 29. | Considers that nutrient enrichment is one of several factors responsible for the pollution of surface water bodies, affecting biodiversity and diminishing valuable ecosystem services; recognises that investigated nutrient conditions may account for more than half of the failures expected in the effort to achieve ‘good status’ in surface water bodies by 2015; |
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29.

Considers that nutrient enrichment is one of several factors responsible for the pollution of surface water bodies, affecting biodiversity and diminishing valuable ecosystem services; recognises that investigated nutrient conditions may account for more than half of the failures expected in the effort to achieve ‘good status’ in surface water bodies by 2015;

| 30. | Urges the Commission to step up the battle against the increasing release of pollutants such as anti-biotic and drug residues – as well as hormone residues from anti-conception pills – in water, as these residues have a negative effect on human health and the environment; |
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30.

Urges the Commission to step up the battle against the increasing release of pollutants such as anti-biotic and drug residues – as well as hormone residues from anti-conception pills – in water, as these residues have a negative effect on human health and the environment;

Knowledge and Innovation

| 31. | Recognises that the EU policy framework has allowed the collection of less fragmented data on water as well as better monitoring; notes however the lack of reliable data on water quantity, for instance on abstraction and leakage; notes the potential for better data management based on an improvement in statistical information and on the use of data collection stations, the Water Information System for Europe (WISE) and GMES monitoring of the state of water resources and the pressures on them from economic activity; calls on the Commission, in cooperation with the European Environment Agency, to develop a new set of reliable indicators for water accounts; underlines that the knowledge base should integrate the concept of ‘environmental flows’ and take into account the ecosystem services supported by water and the links between climate, territory and underground water resources provided by the water cycle; |
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31.

Recognises that the EU policy framework has allowed the collection of less fragmented data on water as well as better monitoring; notes however the lack of reliable data on water quantity, for instance on abstraction and leakage; notes the potential for better data management based on an improvement in statistical information and on the use of data collection stations, the Water Information System for Europe (WISE) and GMES monitoring of the state of water resources and the pressures on them from economic activity; calls on the Commission, in cooperation with the European Environment Agency, to develop a new set of reliable indicators for water accounts; underlines that the knowledge base should integrate the concept of ‘environmental flows’ and take into account the ecosystem services supported by water and the links between climate, territory and underground water resources provided by the water cycle;

| 32. | Stresses the need to focus on the specific objectives and activities of the Horizon 2020 programme in terms of better, sustainable management of water resources and aquatic environments in the EU and neighbouring countries; believes that EU research policy should respond to growing challenges concerning water management for agriculture, buildings, industry, households and water-efficiency ambitions; notes, in this regard, the BONUS programme for the Baltic Sea as an example for other regions; |
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32.

Stresses the need to focus on the specific objectives and activities of the Horizon 2020 programme in terms of better, sustainable management of water resources and aquatic environments in the EU and neighbouring countries; believes that EU research policy should respond to growing challenges concerning water management for agriculture, buildings, industry, households and water-efficiency ambitions; notes, in this regard, the BONUS programme for the Baltic Sea as an example for other regions;

| 33. | Believes that it is important to encourage research and innovation in connection with water and that the development of European clusters in this area must be supported; calls on the Commission, the Member States and other relevant stakeholders to support the European Innovation Partnership on Water as an effective instrument to concentrate efforts on world-leading research and innovation and remove the barriers that prevent the quick transfer and integration of knowledge, best available techniques and technological breakthroughs to the market, as well as to foster the development of an internal market of water technology; highlights the importance of eco-innovation for the conservation of water resources, biodiversity and balanced ecosystems; points out the potential for the creation of ‘green jobs’, an innovation- and knowledge-based water policy, better water management and water efficiency; calls on the Commission to evaluate and quantify the impact on employment of its actions to promote the growth of R&D in the area of water; |
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33.

Believes that it is important to encourage research and innovation in connection with water and that the development of European clusters in this area must be supported; calls on the Commission, the Member States and other relevant stakeholders to support the European Innovation Partnership on Water as an effective instrument to concentrate efforts on world-leading research and innovation and remove the barriers that prevent the quick transfer and integration of knowledge, best available techniques and technological breakthroughs to the market, as well as to foster the development of an internal market of water technology; highlights the importance of eco-innovation for the conservation of water resources, biodiversity and balanced ecosystems; points out the potential for the creation of ‘green jobs’, an innovation- and knowledge-based water policy, better water management and water efficiency; calls on the Commission to evaluate and quantify the impact on employment of its actions to promote the growth of R&D in the area of water;

Water Mainstreaming

| 34. | Stresses the need for better consistency and better integration of water-related objectives and of the resource-efficiency agenda, which contains crucial water efficiency objectives, into the legislation at EU, national regional and local levels; calls for a full evaluation of the effects on water resources to be taken into account in the design of the overarching economic governance policies such as EU2020 and of joint EU policies such as the common agricultural policy and cohesion policy frameworks, in order to achieve a thematic concentration of available financing on water issues and to mainstream the issue of water into all policy areas with the aim of improving the quality of water in all European regions; |
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34.

Stresses the need for better consistency and better integration of water-related objectives and of the resource-efficiency agenda, which contains crucial water efficiency objectives, into the legislation at EU, national regional and local levels; calls for a full evaluation of the effects on water resources to be taken into account in the design of the overarching economic governance policies such as EU2020 and of joint EU policies such as the common agricultural policy and cohesion policy frameworks, in order to achieve a thematic concentration of available financing on water issues and to mainstream the issue of water into all policy areas with the aim of improving the quality of water in all European regions;

| 35. | Notes that investments in hydrotechnical infrastructure should be given greater consideration in the new EU financial strategy on the cohesion funds than was previously the case; |
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35.

Notes that investments in hydrotechnical infrastructure should be given greater consideration in the new EU financial strategy on the cohesion funds than was previously the case;

| 36. | Notes that the standards that apply to farmers are already high and closely monitored; calls for a strengthening of eco-conditionality for the common agricultural policy on the basis of existing obligations; |
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36.

Notes that the standards that apply to farmers are already high and closely monitored; calls for a strengthening of eco-conditionality for the common agricultural policy on the basis of existing obligations;

Water and the Economy

| 37. | Calls on the Commission and Member States to ensure the application of the ‘polluter pays’ and ‘user pays’ principles by means of transparent and effective pricing schemes implemented in all water-using sectors that aim at the recovery of the costs of water services, including environmental and resource costs, as set down in the Water Framework Directive; underlines however that social issues should be taken into account when setting water tariffs and that clean water should be available at an affordable price for human needs; furthermore, calls on the Commission and the Member States to assess and revise subsidies harmful for water and to develop and introduce further economic instruments to reduce environmentally-detrimental activity and incentivise more sustainable use of water resources; stresses that water pricing should reflect the environmental impact of wastewater treatment; notes that, although the political will exists, the economic crisis and restrictions on public spending make it difficult for local and regional authorities to finance greywater treatment projects and therefore calls on the Commission to ensure appropriate financing of wastewater treatment plants; calls on the Commission to develop a strategy for internalising the external costs incurred through water consumption, water pollution and wastewater treatment; |
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37.

Calls on the Commission and Member States to ensure the application of the ‘polluter pays’ and ‘user pays’ principles by means of transparent and effective pricing schemes implemented in all water-using sectors that aim at the recovery of the costs of water services, including environmental and resource costs, as set down in the Water Framework Directive; underlines however that social issues should be taken into account when setting water tariffs and that clean water should be available at an affordable price for human needs; furthermore, calls on the Commission and the Member States to assess and revise subsidies harmful for water and to develop and introduce further economic instruments to reduce environmentally-detrimental activity and incentivise more sustainable use of water resources; stresses that water pricing should reflect the environmental impact of wastewater treatment; notes that, although the political will exists, the economic crisis and restrictions on public spending make it difficult for local and regional authorities to finance greywater treatment projects and therefore calls on the Commission to ensure appropriate financing of wastewater treatment plants; calls on the Commission to develop a strategy for internalising the external costs incurred through water consumption, water pollution and wastewater treatment;

| 38. | Believes that secondary residences benefit from the same availability of water resources as principal residences and that their contribution to the financing of the system must therefore be at least equal; |
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38.

Believes that secondary residences benefit from the same availability of water resources as principal residences and that their contribution to the financing of the system must therefore be at least equal;

| 39. | Invites the Member States to use the opportunities provided by the Structural Funds, the Cohesion Fund and the Rural Development Fund and to invest in improving or renewing existing infrastructures and technologies in order to achieve greater efficiency in the use of water resources; |
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39.

Invites the Member States to use the opportunities provided by the Structural Funds, the Cohesion Fund and the Rural Development Fund and to invest in improving or renewing existing infrastructures and technologies in order to achieve greater efficiency in the use of water resources;

| 40. | Considers demand management to be the key to addressing water scarcity and calls for water demand management plans, together with supply-side measures, to be considered as important criteria for disbursing EU structural and cohesion fund support to water sector or water intensive activities, as well as for the Member States to require water sustainability assessments as a condition for authorising water-intensive economic activities such as mass tourism or particular types of agriculture; |
| --- | --- |

40.

Considers demand management to be the key to addressing water scarcity and calls for water demand management plans, together with supply-side measures, to be considered as important criteria for disbursing EU structural and cohesion fund support to water sector or water intensive activities, as well as for the Member States to require water sustainability assessments as a condition for authorising water-intensive economic activities such as mass tourism or particular types of agriculture;

| 41. | Calls on the Commission to encourage businesses to use materials that require less water by supporting R&D and providing structural funds in areas where the resource is at its most scarce; |
| --- | --- |

41.

Calls on the Commission to encourage businesses to use materials that require less water by supporting R&D and providing structural funds in areas where the resource is at its most scarce;

| 42. | Calls on the Commission and the Member States to draw up administrative measures and seek financial resources facilitating connections to sewerage networks for people living in rural areas; |
| --- | --- |

42.

Calls on the Commission and the Member States to draw up administrative measures and seek financial resources facilitating connections to sewerage networks for people living in rural areas;

| 43. | Urges the Commission and the Member States to adopt without delay concrete plans for phasing out all environmentally-harmful subsidies before 2020 and to report on progress through the National Reform Programmes; |
| --- | --- |

43.

Urges the Commission and the Member States to adopt without delay concrete plans for phasing out all environmentally-harmful subsidies before 2020 and to report on progress through the National Reform Programmes;

Water and Society

| 44. | Urges the Commission, the Member States and regional authorities to stimulate intersectoral dialogue, as well as dialogue between the various economic operators and citizens on issues related to water and between authorities and the Petitions Committee whenever the latter is addressing the concerns of European citizens with regard to water issues, and to foster full and transparent participation of local communities and stakeholders at all levels in the development of water policy; highlights the importance of effective multi-level governance in the field of water which takes into account the need for integrated water stewardship in the countryside surrounding river basins and promotes the exchange of best practices; |
| --- | --- |

44.

Urges the Commission, the Member States and regional authorities to stimulate intersectoral dialogue, as well as dialogue between the various economic operators and citizens on issues related to water and between authorities and the Petitions Committee whenever the latter is addressing the concerns of European citizens with regard to water issues, and to foster full and transparent participation of local communities and stakeholders at all levels in the development of water policy; highlights the importance of effective multi-level governance in the field of water which takes into account the need for integrated water stewardship in the countryside surrounding river basins and promotes the exchange of best practices;

| 45. | Insists that for a water-management policy to be effective it needs to be implemented close to the resource; calls on the Commission to take into account areas with natural handicaps, such as mountainous areas, islands and the outermost regions; |
| --- | --- |

45.

Insists that for a water-management policy to be effective it needs to be implemented close to the resource; calls on the Commission to take into account areas with natural handicaps, such as mountainous areas, islands and the outermost regions;

| 46. | Calls for the strengthening of public awareness and education on water issues, in order to bring about a better understanding of the links between water, ecosystems, sanitation, hygiene, health, food safety, food security and disaster prevention among consumers, health operators and policy and decision makers; underlines the primary role of regional and local authorities and civil society organisations in awareness-raising campaigns and educational activities; insists that these awareness programmes must be aimed at citizens of all ages, so that this public and essential asset can be used more effectively and efficiently; |
| --- | --- |

46.

Calls for the strengthening of public awareness and education on water issues, in order to bring about a better understanding of the links between water, ecosystems, sanitation, hygiene, health, food safety, food security and disaster prevention among consumers, health operators and policy and decision makers; underlines the primary role of regional and local authorities and civil society organisations in awareness-raising campaigns and educational activities; insists that these awareness programmes must be aimed at citizens of all ages, so that this public and essential asset can be used more effectively and efficiently;

| 47. | Stresses that water, and water ecosystems, have no administrative borders, and therefore all measures must be taken to protect and develop them in a consistent and coordinated manner, preferably by competent entities with jurisdiction over the entire river basin; |
| --- | --- |

47.

Stresses that water, and water ecosystems, have no administrative borders, and therefore all measures must be taken to protect and develop them in a consistent and coordinated manner, preferably by competent entities with jurisdiction over the entire river basin;

| 48. | Reiterates that the WFD prescribes coordination between Member States for sharing a common river basin where water use may have transboundary effects, and urges such Member States as may be concerned to engage in regular transboundary communication and cooperation to support the implementation of the WFD with regard to priority substances, priority hazardous substances and nutrients pollution; |
| --- | --- |

48.

Reiterates that the WFD prescribes coordination between Member States for sharing a common river basin where water use may have transboundary effects, and urges such Member States as may be concerned to engage in regular transboundary communication and cooperation to support the implementation of the WFD with regard to priority substances, priority hazardous substances and nutrients pollution;

| 49. | Notes that the quality of bathing water has an impact on tourism; calls for the Blue Flag scheme to be extended to all bathing areas in Europe, including rivers, lakes and ponds; |
| --- | --- |

49.

Notes that the quality of bathing water has an impact on tourism; calls for the Blue Flag scheme to be extended to all bathing areas in Europe, including rivers, lakes and ponds;

| 50. | Stresses that the concept of sustainable tourism includes the conservation of water; calls for the provision of training in connection with saving water and the sustainable use thereof for tourism professionals, particularly in coastal areas and thermal belts; |
| --- | --- |

50.

Stresses that the concept of sustainable tourism includes the conservation of water; calls for the provision of training in connection with saving water and the sustainable use thereof for tourism professionals, particularly in coastal areas and thermal belts;

| 51. | Emphasises the importance of introducing good water systems in buildings and public areas to help reduce the need for bottled water; |
| --- | --- |

51.

Emphasises the importance of introducing good water systems in buildings and public areas to help reduce the need for bottled water;

| 52. | Notes that since 1988, among the petitions relating to environmental complaints addressed to the Committee on Petitions, 601 of these petitions (Spain 166, UK 129, Germany 97, Italy 60, France 55, Greece 34, Netherlands 16, Portugal 16, Ireland 12, Poland 4, Romania 4, Finland 3, Bulgaria 2, Hungary 2 and Slovenia 1), sometimes co-signed by several signatories (see petition 0784/2007, co-signed by 2036 signatories), concern the quality and quantity of water in the Member States; acknowledges that these petitions are proof that water is a significantly serious problem for European Union citizens; |
| --- | --- |

52.

Notes that since 1988, among the petitions relating to environmental complaints addressed to the Committee on Petitions, 601 of these petitions (Spain 166, UK 129, Germany 97, Italy 60, France 55, Greece 34, Netherlands 16, Portugal 16, Ireland 12, Poland 4, Romania 4, Finland 3, Bulgaria 2, Hungary 2 and Slovenia 1), sometimes co-signed by several signatories (see petition 0784/2007, co-signed by 2036 signatories), concern the quality and quantity of water in the Member States; acknowledges that these petitions are proof that water is a significantly serious problem for European Union citizens;

| 53. | Takes note that, according to a Eurobarometer survey of March 2012, 68 % of Europeans think that water quantity and quality problems are serious, 80 % believe that chemical pollution is a threat to the water environment, 62 % feel that they are not sufficiently informed about problems facing groundwater, lakes, rivers and coastal waters in their countries, 67 % think that the most effective way of tackling water problems would be awareness-raising about water-related problems, and 73 % think that the EU should propose additional measures to address water problems in Europe; |
| --- | --- |

53.

Takes note that, according to a Eurobarometer survey of March 2012, 68 % of Europeans think that water quantity and quality problems are serious, 80 % believe that chemical pollution is a threat to the water environment, 62 % feel that they are not sufficiently informed about problems facing groundwater, lakes, rivers and coastal waters in their countries, 67 % think that the most effective way of tackling water problems would be awareness-raising about water-related problems, and 73 % think that the EU should propose additional measures to address water problems in Europe;

Water and the World

| 54. | Welcomes the early achievement of the United Nations Millennium Development Goal on sustainable access to safe drinking water; calls on the Commission, the Member States and the relevant authorities at all levels to reinforce their commitment, to play an active role in achieving the MDG on basic sanitation and to take into account the relevant outcomes of the Rio+20 Conference on Sustainable Development, ensuring that access to potable water and sanitation is guaranteed as a fundamental human right which is essential for the full enjoyment of life, under the terms adopted by the General Assembly of the United Nations in 2010; |
| --- | --- |

54.

Welcomes the early achievement of the United Nations Millennium Development Goal on sustainable access to safe drinking water; calls on the Commission, the Member States and the relevant authorities at all levels to reinforce their commitment, to play an active role in achieving the MDG on basic sanitation and to take into account the relevant outcomes of the Rio+20 Conference on Sustainable Development, ensuring that access to potable water and sanitation is guaranteed as a fundamental human right which is essential for the full enjoyment of life, under the terms adopted by the General Assembly of the United Nations in 2010;

| 55. | Welcomes the active participation of the European Union in the 6th World Water Forum on 12–17 March 2012 in Marseille; calls on the European Union to continue its commitment to improving water access throughout the world, particularly with a view to the 7th World Water Forum which will take place in South Korea in 2015; |
| --- | --- |

55.

Welcomes the active participation of the European Union in the 6th World Water Forum on 12–17 March 2012 in Marseille; calls on the European Union to continue its commitment to improving water access throughout the world, particularly with a view to the 7th World Water Forum which will take place in South Korea in 2015;

| 56. | Points out that the EU has a very high level of water expertise that should be utilised in practice in order to achieve the MDG on basic sanitation and on other water-related sustainable development goals; calls on the Commission to draw attention to the best practices of third countries in using collected rainwater and repeatedly using wastewater and thus combating water scarcity, particularly during the driest periods; encourages increased cooperation in these areas with the most technologically-advanced third countries in terms of the use of water resources; |
| --- | --- |

56.

Points out that the EU has a very high level of water expertise that should be utilised in practice in order to achieve the MDG on basic sanitation and on other water-related sustainable development goals; calls on the Commission to draw attention to the best practices of third countries in using collected rainwater and repeatedly using wastewater and thus combating water scarcity, particularly during the driest periods; encourages increased cooperation in these areas with the most technologically-advanced third countries in terms of the use of water resources;

| 57. | Believes that international ambitions should be increased to achieve sustainable water use through integrated water resource management and increased resource efficiency; |
| --- | --- |

57.

Believes that international ambitions should be increased to achieve sustainable water use through integrated water resource management and increased resource efficiency;

| 58. | Encourages local authorities and other relevant entities to devote a proportion of the tariffs collected from users for the supply of water and sanitation services to decentralised cooperation measures; also draws attention to the principle of ‘1 % solidarity for water’ adopted by some Member States as an example to promote and to implement; |
| --- | --- |

58.

Encourages local authorities and other relevant entities to devote a proportion of the tariffs collected from users for the supply of water and sanitation services to decentralised cooperation measures; also draws attention to the principle of ‘1 % solidarity for water’ adopted by some Member States as an example to promote and to implement;

| 59. | Calls on the Commission, on behalf of the European Union and the Member States, to accede to the 1997 United Nations Convention on International Watercourses and to promote the entry into force of the amendments to the 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes, in order to extend the scope of this instrument beyond the UNECE countries alone, and to encourage wider ratification of the Protocol on Health and Water to the 1992 Helsinki Convention, with a view to promoting the coordinated and fair management of water in national and international basins; |
| --- | --- |

59.

Calls on the Commission, on behalf of the European Union and the Member States, to accede to the 1997 United Nations Convention on International Watercourses and to promote the entry into force of the amendments to the 1992 Helsinki Convention on the Protection and Use of Transboundary Watercourses and International Lakes, in order to extend the scope of this instrument beyond the UNECE countries alone, and to encourage wider ratification of the Protocol on Health and Water to the 1992 Helsinki Convention, with a view to promoting the coordinated and fair management of water in national and international basins;

*

* *

| 60. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

60.

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

---

(1)  OJ L 327, 22.12.2000, p. 1.

(2)  OJ L 372, 27.12.2006, p. 19.

(3)  OJ L 348, 24.12.2008, p. 84.

(4)  OJ L 135, 30.5.1991, p. 40.

(5)  OJ L 375, 31.12.1991, p. 1.

(6)  OJ L 288, 6.11.2007, p. 27.

(7)  OJ L 309, 24.11.2009, p. 1.

(8)  OJ L 396, 30.12.2006, p. 1.

(9)  OJ L 309, 24.11.2009, p. 71.

(10)  OJ L 206, 22.7.1992, p. 7.

(11)  OJ L 20, 26.1.2010, p. 7.

(12)  OJ L 167, 27.6.2012, p. 1.

(13)  Texts adopted, P7_TA(2012)0091.

(14)  OJ C 9 E, 15.1.2010, p. 33.

(15)  OJ C 81 E, 15.3.2011, p. 115.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/19 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/19

---

Tuesday 3 July 2012eCall: a new 112 service for citizens

P7_TA(2012)0274

European Parliament resolution of 3 July 2012 on eCall: a new 112 service for citizens (2012/2056(INI))

2013/C 349 E/03

The European Parliament,

| — | having regard to the Commission recommendation of 8 September 2011 on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (eCalls) (1), |
| --- | --- |

—

having regard to the Commission recommendation of 8 September 2011 on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (eCalls) (1),

| — | having regard to Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (2), |
| --- | --- |

—

having regard to Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (2),

| — | having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (3), |
| --- | --- |

—

having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users’ rights relating to electronic communications networks and services (Universal Service Directive) (3),

| — | having regard to the Commission Staff Working Paper ‘Impact Assessment’ accompanying the Commission recommendation on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (‘eCalls’) (SEC(2011)1020), |
| --- | --- |

—

having regard to the Commission Staff Working Paper ‘Impact Assessment’ accompanying the Commission recommendation on support for an EU-wide eCall service in electronic communication networks for the transmission of in-vehicle emergency calls based on 112 (‘eCalls’) (SEC(2011)1020),

| — | having regard to the Commission communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’ (COM(2010)0389), |
| --- | --- |

—

having regard to the Commission communication ‘Towards a European road safety area: policy orientations on road safety 2011-2020’ (COM(2010)0389),

| — | having regard to the Commission communication ‘A sustainable future for transport: Towards an integrated, technology-led and user friendly system’ (COM(2009)0279), |
| --- | --- |

—

having regard to the Commission communication ‘A sustainable future for transport: Towards an integrated, technology-led and user friendly system’ (COM(2009)0279),

| — | having regard to the Commission communication ‘eCall: Time for Deployment’ (COM(2009)0434), |
| --- | --- |

—

having regard to the Commission communication ‘eCall: Time for Deployment’ (COM(2009)0434),

| — | having regard to the Commission communication ‘Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car Report’ (COM(2007)0541), |
| --- | --- |

—

having regard to the Commission communication ‘Towards Europe-wide Safer, Cleaner and Efficient Mobility: The First Intelligent Car Report’ (COM(2007)0541),

| — | having regard to the Commission communication ‘On the Intelligent Car Initiative – “Raising Awareness of ICT for Smarter, Safer and Cleaner Vehicles” (COM(2006)0059), |
| --- | --- |

—

having regard to the Commission communication ‘On the Intelligent Car Initiative – “Raising Awareness of ICT for Smarter, Safer and Cleaner Vehicles” (COM(2006)0059),

| — | having regard to the Commission communication ‘Bringing eCall back on track - Action Plan’ (Third eSafety Communication) (COM(2006)0723), |
| --- | --- |

—

having regard to the Commission communication ‘Bringing eCall back on track - Action Plan’ (Third eSafety Communication) (COM(2006)0723),

| — | having regard to the Commission communication ‘Bringing eCall to Citizens’ (Second eSafety Communication) (COM(2005)0431), |
| --- | --- |

—

having regard to the Commission communication ‘Bringing eCall to Citizens’ (Second eSafety Communication) (COM(2005)0431),

| — | having regard to the Commission communication ‘Information and Communications Technologies for Safe and Intelligent Vehicles’ (COM(2003)0542), |
| --- | --- |

—

having regard to the Commission communication ‘Information and Communications Technologies for Safe and Intelligent Vehicles’ (COM(2003)0542),

| — | having regard to the Commission communication ‘European Road Safety Action Programme - Halving the number of road accident victims in the European Union by 2010: A shared responsibility’ (COM(2003)0311), |
| --- | --- |

—

having regard to the Commission communication ‘European Road Safety Action Programme - Halving the number of road accident victims in the European Union by 2010: A shared responsibility’ (COM(2003)0311),

| — | having regard to the working document on data protection and privacy implications in eCall initiative (Article 29 Working Party – 1609/06/EN, WP 125), |
| --- | --- |

—

having regard to the working document on data protection and privacy implications in eCall initiative (Article 29 Working Party – 1609/06/EN, WP 125),

| — | having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010–2020 (4), |
| --- | --- |

—

having regard to its resolution of 25 October 2011 on mobility and inclusion of people with disabilities and the European Disability Strategy 2010–2020 (4),

| — | having regard to its resolution of 27 September 2011 on European Road Safety 2011-2020 (5), |
| --- | --- |

—

having regard to its resolution of 27 September 2011 on European Road Safety 2011-2020 (5),

| — | having regard to its declaration of 17 November 2011 on the need for accessible 112 emergency services (6), |
| --- | --- |

—

having regard to its declaration of 17 November 2011 on the need for accessible 112 emergency services (6),

| — | having regard to its resolution of 6 July 2010 on a sustainable future for transport (7), |
| --- | --- |

—

having regard to its resolution of 6 July 2010 on a sustainable future for transport (7),

| — | having regard to its resolution of 5 July 2011 on Universal Service and the 112 emergency number (8), |
| --- | --- |

—

having regard to its resolution of 5 July 2011 on Universal Service and the 112 emergency number (8),

| — | having regard to its resolution of 23 April 2009 on the Intelligent Transport Systems Action Plan (9), |
| --- | --- |

—

having regard to its resolution of 23 April 2009 on the Intelligent Transport Systems Action Plan (9),

| — | having regard to its resolution of 19 June 2008 (10) on the First Intelligent Car Report, |
| --- | --- |

—

having regard to its resolution of 19 June 2008 (10) on the First Intelligent Car Report,

| — | having regard to its resolution of 18 January 2007 on the Third European Road Safety Action Programme – mid-term review (11), |
| --- | --- |

—

having regard to its resolution of 18 January 2007 on the Third European Road Safety Action Programme – mid-term review (11),

| — | having regard to its resolution of 27 April 2006 on road safety: bringing eCall to citizens (12), |
| --- | --- |

—

having regard to its resolution of 27 April 2006 on road safety: bringing eCall to citizens (12),

| — | having regard to its resolution of 29 September 2005 on ‘European Road Safety Action Programme – halving the number of road accident victims in the European Union by 2010: a shared responsibility’ (13), |
| --- | --- |

—

having regard to its resolution of 29 September 2005 on ‘European Road Safety Action Programme – halving the number of road accident victims in the European Union by 2010: a shared responsibility’ (13),

| — | having regard to the ‘World report on road traffic injury prevention’ published jointly in 2004 by the World Bank and the WHO, |
| --- | --- |

—

having regard to the ‘World report on road traffic injury prevention’ published jointly in 2004 by the World Bank and the WHO,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the joint deliberations of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism under Rule 51 of the Rules of Procedure, |
| --- | --- |

—

having regard to the joint deliberations of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism under Rule 51 of the Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0205/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the Committee on Transport and Tourism (A7-0205/2012),

| A. | whereas according to the prediction made by the World Bank and WHO, the number of traffic accident victims is expected to rise in every area of the world (from being the ninth to the third cause of death by 2020), and the lower mortality ranking for the 5-14 age group is also a hard blow for both parents and society; |
| --- | --- |

A.

whereas according to the prediction made by the World Bank and WHO, the number of traffic accident victims is expected to rise in every area of the world (from being the ninth to the third cause of death by 2020), and the lower mortality ranking for the 5-14 age group is also a hard blow for both parents and society;

| B. | whereas based on the data in the European Union for 2004, more than 40 000 people die every year in accidents and 150 000 people suffer permanent disability; |
| --- | --- |

B.

whereas based on the data in the European Union for 2004, more than 40 000 people die every year in accidents and 150 000 people suffer permanent disability;

| C. | whereas the aim of the in-vehicle eCall system is to ensure the automatic notification of the emergency services in case of a serious accident, with the purpose of reducing road fatalities and alleviating the severity of road injuries by the earlier arrival of qualified and equipped assistance (the ‘golden hour’ principle); |
| --- | --- |

C.

whereas the aim of the in-vehicle eCall system is to ensure the automatic notification of the emergency services in case of a serious accident, with the purpose of reducing road fatalities and alleviating the severity of road injuries by the earlier arrival of qualified and equipped assistance (the ‘golden hour’ principle);

| D. | whereas the eCall emergency call is generated automatically via the activation of in-vehicle sensors which, when activated, establish voice and data connection directly with the relevant Public Safety Answering Points (PSAPs); |
| --- | --- |

D.

whereas the eCall emergency call is generated automatically via the activation of in-vehicle sensors which, when activated, establish voice and data connection directly with the relevant Public Safety Answering Points (PSAPs);

| E. | whereas, according to official statistical data on eCall, it is estimated that the full integration of the system in cars in EU Member States will save up to 2 500 lives annually, while also reducing the severity of injuries by 10-15 %; |
| --- | --- |

E.

whereas, according to official statistical data on eCall, it is estimated that the full integration of the system in cars in EU Member States will save up to 2 500 lives annually, while also reducing the severity of injuries by 10-15 %;

| F. | whereas eCall provides benefit to road users, travelling within their countries or abroad, who may be unfamiliar with the roads and their exact location in the case of accident; |
| --- | --- |

F.

whereas eCall provides benefit to road users, travelling within their countries or abroad, who may be unfamiliar with the roads and their exact location in the case of accident;

| G. | whereas eCall allows emergency calls to be made without language difficulties by virtue of the digital data enclosed in the Minimum Set of Data (MSD) message format, which is likely to reduce misunderstanding and stress and helps to eliminate language barriers between the vehicle occupants and the PSAP operator, which is important in the European multi-language environment; |
| --- | --- |

G.

whereas eCall allows emergency calls to be made without language difficulties by virtue of the digital data enclosed in the Minimum Set of Data (MSD) message format, which is likely to reduce misunderstanding and stress and helps to eliminate language barriers between the vehicle occupants and the PSAP operator, which is important in the European multi-language environment;

| H. | whereas the deployment of an EU-wide eCall service available in all vehicles and in all countries has been a major priority for the Union in the context of road safety since 2002, and is included in the Road Safety Action Programme 2011-2020 as a means of improving road safety and contributing to the target of reducing the numbers of road deaths and injuries in Europe; |
| --- | --- |

H.

whereas the deployment of an EU-wide eCall service available in all vehicles and in all countries has been a major priority for the Union in the context of road safety since 2002, and is included in the Road Safety Action Programme 2011-2020 as a means of improving road safety and contributing to the target of reducing the numbers of road deaths and injuries in Europe;

| I. | whereas Directive 2010/40/EU includes “the harmonised provision for an interoperable EU-wide eCall” among its priority actions and sets the obligation for the Commission to adopt, by the end of 2012, common specifications for the upgrading of the PSAPs; |
| --- | --- |

I.

whereas Directive 2010/40/EU includes “the harmonised provision for an interoperable EU-wide eCall” among its priority actions and sets the obligation for the Commission to adopt, by the end of 2012, common specifications for the upgrading of the PSAPs;

| J. | whereas Member States remain responsible for the type of organisation for the PSAPs receiving the eCalls, be it a public organisation or a private organisation acting under public delegation; |
| --- | --- |

J.

whereas Member States remain responsible for the type of organisation for the PSAPs receiving the eCalls, be it a public organisation or a private organisation acting under public delegation;

| K. | whereas the Memorandum of Understanding (MoU) for the Realisation of Interoperable In-Vehicle eCall in Europe has to date been signed by 22 Member States, 5 Associated States, and more than 100 organisations; whereas two more Member States have expressed their support to a mandatory deployment of eCall; |
| --- | --- |

K.

whereas the Memorandum of Understanding (MoU) for the Realisation of Interoperable In-Vehicle eCall in Europe has to date been signed by 22 Member States, 5 Associated States, and more than 100 organisations; whereas two more Member States have expressed their support to a mandatory deployment of eCall;

| L. | whereas Parliament has expressed its support for the introduction of eCall on numerous occasions, including support for its mandatory deployment, an initiative that will create a feeling of greater safety for citizens when travelling; |
| --- | --- |

L.

whereas Parliament has expressed its support for the introduction of eCall on numerous occasions, including support for its mandatory deployment, an initiative that will create a feeling of greater safety for citizens when travelling;

| M. | whereas a voluntary approach to deployment in the EU has been Commission policy since 2003 but has not achieved significant progress to date; |
| --- | --- |

M.

whereas a voluntary approach to deployment in the EU has been Commission policy since 2003 but has not achieved significant progress to date;

| N. | whereas in its 2009 communication ‘eCall: Time for Deployment’, the Commission indicated that if significant progress had not been made by the end of 2009 in terms of both the availability of the eCall device in vehicles and the necessary investment in the PSAP infrastructure, it would propose regulatory measures; |
| --- | --- |

N.

whereas in its 2009 communication ‘eCall: Time for Deployment’, the Commission indicated that if significant progress had not been made by the end of 2009 in terms of both the availability of the eCall device in vehicles and the necessary investment in the PSAP infrastructure, it would propose regulatory measures;

| O. | whereas according to the results of the public consultation carried out in 2010 by the Commission on the implementation of eCall, more than 80 % of respondents find the eCall system useful and would like their vehicle to be equipped with it; |
| --- | --- |

O.

whereas according to the results of the public consultation carried out in 2010 by the Commission on the implementation of eCall, more than 80 % of respondents find the eCall system useful and would like their vehicle to be equipped with it;

| P. | whereas motorcyclists are the user group that can have the most difficulty in notifying the emergency services in the event of being involved in a road accident; |
| --- | --- |

P.

whereas motorcyclists are the user group that can have the most difficulty in notifying the emergency services in the event of being involved in a road accident;

| Q. | whereas agricultural and industrial vehicles, particularly agricultural tractors, tend to operate in remote and isolated areas, and are therefore often unable to notify the emergency services in the event of an accident; |
| --- | --- |

Q.

whereas agricultural and industrial vehicles, particularly agricultural tractors, tend to operate in remote and isolated areas, and are therefore often unable to notify the emergency services in the event of an accident;

| R. | whereas private in-vehicle emergency call services exist today, and their deployment in Europe is increasing, but none of them offers full EU-wide coverage and market penetration is below 0,4 % of the vehicle fleet, while some of the services introduced have been dismantled due to market failures, leaving the user without in-vehicle emergency call service during the lifetime of the vehicle; |
| --- | --- |

R.

whereas private in-vehicle emergency call services exist today, and their deployment in Europe is increasing, but none of them offers full EU-wide coverage and market penetration is below 0,4 % of the vehicle fleet, while some of the services introduced have been dismantled due to market failures, leaving the user without in-vehicle emergency call service during the lifetime of the vehicle;

| S. | whereas the technology is ready, and common EU-wide standards have been agreed on and are being refined and tested by industry actors and public authorities in the framework of pilot projects; |
| --- | --- |

S.

whereas the technology is ready, and common EU-wide standards have been agreed on and are being refined and tested by industry actors and public authorities in the framework of pilot projects;

| T. | whereas the Commission publicly announced in 2011 that it would present, in the first quarter of 2012, a new regulation including eCall as an additional requirement within the motor vehicle type-approval regulatory framework; |
| --- | --- |

T.

whereas the Commission publicly announced in 2011 that it would present, in the first quarter of 2012, a new regulation including eCall as an additional requirement within the motor vehicle type-approval regulatory framework;

| 1. | Welcomes the Commission’s recommendation of 8 September 2011, and urges the Member States and the Mobile Network Operators (MNOs) to implement its required measures and upgrades at the latest by the end of 2014; regrets, however, that only 18 Member States responded in time; calls on the remaining Member States to do so as soon as possible; |
| --- | --- |

1.

Welcomes the Commission’s recommendation of 8 September 2011, and urges the Member States and the Mobile Network Operators (MNOs) to implement its required measures and upgrades at the latest by the end of 2014; regrets, however, that only 18 Member States responded in time; calls on the remaining Member States to do so as soon as possible;

| 2. | Regrets the delays and lack of progress in the voluntary deployment of eCall to date and the fact that three Member States have not signed the eCall MoU or stated their support to the eCall deployment; calls, therefore, on those Member States that have not yet done so to sign the MoU on the development of a EU-wide interoperable eCall service in Europe, and urges all the parties involved to act simultaneously in order to establish this service; |
| --- | --- |

2.

Regrets the delays and lack of progress in the voluntary deployment of eCall to date and the fact that three Member States have not signed the eCall MoU or stated their support to the eCall deployment; calls, therefore, on those Member States that have not yet done so to sign the MoU on the development of a EU-wide interoperable eCall service in Europe, and urges all the parties involved to act simultaneously in order to establish this service;

| 3. | Underlines the fact that significant gaps exist in the functioning of the European emergency number 112 on which eCall is to be based; calls on the Member States to address these gaps as a matter of urgency, and calls on the Commission to step up its monitoring in this regard; |
| --- | --- |

3.

Underlines the fact that significant gaps exist in the functioning of the European emergency number 112 on which eCall is to be based; calls on the Member States to address these gaps as a matter of urgency, and calls on the Commission to step up its monitoring in this regard;

| 4. | Considers that eCall should be a public EU-wide emergency call system, embedded in the vehicle and based on 112 and on common pan-European standards to guarantee technology neutrality, in order to ensure a reliable, high-quality, affordable and user-friendly service that can work seamlessly and interoperably across the whole of Europe in all automobiles, irrespective of make, country or actual location of the vehicle, thus maximising the benefits of eCall for all road users, including disabled people with special needs; |
| --- | --- |

4.

Considers that eCall should be a public EU-wide emergency call system, embedded in the vehicle and based on 112 and on common pan-European standards to guarantee technology neutrality, in order to ensure a reliable, high-quality, affordable and user-friendly service that can work seamlessly and interoperably across the whole of Europe in all automobiles, irrespective of make, country or actual location of the vehicle, thus maximising the benefits of eCall for all road users, including disabled people with special needs;

| 5. | Emphasises the positive effects of eCall, in terms not only of improving incident management, reducing congestion produced by accidents and avoiding secondary accidents, but particularly of speeding up the arrival of the emergency services and thus reducing fatalities and the severity of injuries resulting from road traffic accidents, thereby improving Europeans’ confidence when travelling in other Member States; |
| --- | --- |

5.

Emphasises the positive effects of eCall, in terms not only of improving incident management, reducing congestion produced by accidents and avoiding secondary accidents, but particularly of speeding up the arrival of the emergency services and thus reducing fatalities and the severity of injuries resulting from road traffic accidents, thereby improving Europeans’ confidence when travelling in other Member States;

| 6. | Considers that if the introduction of eCall is left to market forces, eCall will only benefit people who can afford high-end vehicles, whereas a mandatory introduction of the system embedded in all vehicles would lead to lower costs and universal, EU-wide deployment; |
| --- | --- |

6.

Considers that if the introduction of eCall is left to market forces, eCall will only benefit people who can afford high-end vehicles, whereas a mandatory introduction of the system embedded in all vehicles would lead to lower costs and universal, EU-wide deployment;

| 7. | Recalls that the Commission’s impact assessment shows that the adoption of regulatory measures to enforce the mandatory introduction of eCall is at present the only option to achieve all positive effects; |
| --- | --- |

7.

Recalls that the Commission’s impact assessment shows that the adoption of regulatory measures to enforce the mandatory introduction of eCall is at present the only option to achieve all positive effects;

| 8. | Urges the Commission to submit a proposal within the framework of Directive 2007/46/EC in order to ensure the mandatory deployment of a public, 112-based eCall system by 2015 in all new, type-approved cars and in all Member States; |
| --- | --- |

8.

Urges the Commission to submit a proposal within the framework of Directive 2007/46/EC in order to ensure the mandatory deployment of a public, 112-based eCall system by 2015 in all new, type-approved cars and in all Member States;

| 9. | Considers that the public eCall service should be free of charge and obligatory, and should be installed in all new vehicles falling under the scope of this proposal; |
| --- | --- |

9.

Considers that the public eCall service should be free of charge and obligatory, and should be installed in all new vehicles falling under the scope of this proposal;

| 10. | Considers that the public eCall service must be simple, affordable, operational and accessible to everybody throughout the EU, regardless of the vehicle and its location; |
| --- | --- |

10.

Considers that the public eCall service must be simple, affordable, operational and accessible to everybody throughout the EU, regardless of the vehicle and its location;

| 11. | Rejects the idea that the implementation of the in-vehicle aspects of eCall could be phased in over an extended period of time; |
| --- | --- |

11.

Rejects the idea that the implementation of the in-vehicle aspects of eCall could be phased in over an extended period of time;

| 12. | Calls on the Commission to propose any other regulatory measure necessary to avoid additional delays that could result in preventable fatalities; |
| --- | --- |

12.

Calls on the Commission to propose any other regulatory measure necessary to avoid additional delays that could result in preventable fatalities;

| 13. | Considers that while the cost–benefit analysis (CBA) method can serve an important role in generating data on which to base complex decisions pertaining to investments and technology take-up, it can be of dubious merit when an important part of the analysis involves estimating the value of human life; |
| --- | --- |

13.

Considers that while the cost–benefit analysis (CBA) method can serve an important role in generating data on which to base complex decisions pertaining to investments and technology take-up, it can be of dubious merit when an important part of the analysis involves estimating the value of human life;

| 14. | Calls on the Commission, while assessing the impact of the deployment of the eCall in the EU, to take into consideration not only the investment and operational costs but also the social benefits resulting from the deployment of the eCall; |
| --- | --- |

14.

Calls on the Commission, while assessing the impact of the deployment of the eCall in the EU, to take into consideration not only the investment and operational costs but also the social benefits resulting from the deployment of the eCall;

| 15. | Calls on the Commission to set up clear rules on the liability of stakeholders involved in the eCall system; |
| --- | --- |

15.

Calls on the Commission to set up clear rules on the liability of stakeholders involved in the eCall system;

| 16. | Calls on the Commission to assess the possibility of false alarms being generated by e-Call systems, the influence of such false alarms on daily emergency services, the need to distinguish both between serious and less serious accidents and between emergency signals and other information to be transmitted to the emergency services to ensure their efficient operation; calls on the Commission to propose concrete solutions on these problems, if necessary; |
| --- | --- |

16.

Calls on the Commission to assess the possibility of false alarms being generated by e-Call systems, the influence of such false alarms on daily emergency services, the need to distinguish both between serious and less serious accidents and between emergency signals and other information to be transmitted to the emergency services to ensure their efficient operation; calls on the Commission to propose concrete solutions on these problems, if necessary;

| 17. | Welcomes the establishment of the European eCall Implementation Platform, and calls for relevant stakeholders and Member States representatives to participate to ensure a harmonised introduction of eCall; |
| --- | --- |

17.

Welcomes the establishment of the European eCall Implementation Platform, and calls for relevant stakeholders and Member States representatives to participate to ensure a harmonised introduction of eCall;

| 18. | Calls on the Commission to consider extending the eCall system in the near future to include other vehicles, such as heavy goods vehicles (HGVs), buses and coaches, and powered two-wheelers (PTW), and to assess whether it should be extended also to include agricultural tractors and industrial vehicles; |
| --- | --- |

18.

Calls on the Commission to consider extending the eCall system in the near future to include other vehicles, such as heavy goods vehicles (HGVs), buses and coaches, and powered two-wheelers (PTW), and to assess whether it should be extended also to include agricultural tractors and industrial vehicles;

| 19. | Considers that the use of aftermarket E-call devices should be allowed for existing vehicles; |
| --- | --- |

19.

Considers that the use of aftermarket E-call devices should be allowed for existing vehicles;

PSAPs (Public Safety Answering Points)
  :
  emergency response aspects

| 20. | Notes that ensuring that all PSAPs in all Member States are equipped to a high standard is essential if there is to be a uniform level of protection of all citizens throughout the Union, and therefore calls on the Commission to propose legislation requiring Member States to upgrade their emergency response services infrastructures, and to provide suitable training to operators, so as to be able to handle eCalls by 2015, in a way that is best suited to their national structures and that makes them accessible to everyone; |
| --- | --- |

20.

Notes that ensuring that all PSAPs in all Member States are equipped to a high standard is essential if there is to be a uniform level of protection of all citizens throughout the Union, and therefore calls on the Commission to propose legislation requiring Member States to upgrade their emergency response services infrastructures, and to provide suitable training to operators, so as to be able to handle eCalls by 2015, in a way that is best suited to their national structures and that makes them accessible to everyone;

| 21. | Urges the Commission to adopt the common specifications for PSAPs within the framework of the ITS Directive by the end of 2012, and to propose a directive on the implementation of eCall; |
| --- | --- |

21.

Urges the Commission to adopt the common specifications for PSAPs within the framework of the ITS Directive by the end of 2012, and to propose a directive on the implementation of eCall;

| 22. | Appreciates the willingness of mobile network operators (MNOs) to handle eCalls like any other 112 calls, and suggests that they, along with the Member States, should report on a yearly basis to the Commission on the progress made and the difficulties encountered, in particular in relation to the eCall flag; |
| --- | --- |

22.

Appreciates the willingness of mobile network operators (MNOs) to handle eCalls like any other 112 calls, and suggests that they, along with the Member States, should report on a yearly basis to the Commission on the progress made and the difficulties encountered, in particular in relation to the eCall flag;

| 23. | Welcomes the fact that the establishment of a voice connection between vehicle occupants and the PSAP operators handling emergency calls, allowing mutual communication, reduces both the risk of inappropriate responses and the unnecessary deployment of emergency services, such as in the case of a light accident; |
| --- | --- |

23.

Welcomes the fact that the establishment of a voice connection between vehicle occupants and the PSAP operators handling emergency calls, allowing mutual communication, reduces both the risk of inappropriate responses and the unnecessary deployment of emergency services, such as in the case of a light accident;

| 24. | Stresses that there is a growing need for a common data transfer protocol for forwarding such information to public safety answering points and emergency response services, in order to avoid the risk of confusion or misinterpretation of the data communicated; emphasises that the forwarding of information by mobile network operators to public safety answering points should be established in a transparent and non-discriminatory way; |
| --- | --- |

24.

Stresses that there is a growing need for a common data transfer protocol for forwarding such information to public safety answering points and emergency response services, in order to avoid the risk of confusion or misinterpretation of the data communicated; emphasises that the forwarding of information by mobile network operators to public safety answering points should be established in a transparent and non-discriminatory way;

| 25. | Recalls that having electronic data in the PSAPs may also lead to additional advantages, such as advanced guidance for members of the rescue services to be informed properly about new sources of danger that they may face due to the development of electric cars and other new propulsion systems; |
| --- | --- |

25.

Recalls that having electronic data in the PSAPs may also lead to additional advantages, such as advanced guidance for members of the rescue services to be informed properly about new sources of danger that they may face due to the development of electric cars and other new propulsion systems;

| 26. | Considers that links between PSAPs and road operators for improving incident management should be promoted, in line with the recommendations of the European eCall Implementation Platform (EeIP); |
| --- | --- |

26.

Considers that links between PSAPs and road operators for improving incident management should be promoted, in line with the recommendations of the European eCall Implementation Platform (EeIP);

| 27. | Supports the intensive work done within the HeERO project (Harmonised eCall European Pilot) on the pilot cross-border authentication of eCall; calls on the Commission and on the Member States to increase cooperation between national PSAPs and emergency response services, in particular at cross-border points in Europe, and to encourage the development of joint training and exchanges of best practices, with a view to improving the effectiveness of the entire emergency services supply chain; |
| --- | --- |

27.

Supports the intensive work done within the HeERO project (Harmonised eCall European Pilot) on the pilot cross-border authentication of eCall; calls on the Commission and on the Member States to increase cooperation between national PSAPs and emergency response services, in particular at cross-border points in Europe, and to encourage the development of joint training and exchanges of best practices, with a view to improving the effectiveness of the entire emergency services supply chain;

| 28. | Calls on the Commission to ensure that the eCall system, and the links to PSAPs, also are compatible with systems that interact with infrastructure and with intelligent onboard systems (such as intelligent safety barriers that warn of the possibility of accidents, intelligent onboard speed systems, etc.); |
| --- | --- |

28.

Calls on the Commission to ensure that the eCall system, and the links to PSAPs, also are compatible with systems that interact with infrastructure and with intelligent onboard systems (such as intelligent safety barriers that warn of the possibility of accidents, intelligent onboard speed systems, etc.);

Private emergency call services

| 29. | Considers that a public EU-wide eCall service can coexist with private emergency services, on the conditions that all performance standards are met by both public and private services, and that – regardless of whether or not a vehicle buyer opts for a private solution – all vehicles are equipped with the public eCall service so as to ensure continuity of the service in all Member States throughout the lifetime of the vehicle; |
| --- | --- |

29.

Considers that a public EU-wide eCall service can coexist with private emergency services, on the conditions that all performance standards are met by both public and private services, and that – regardless of whether or not a vehicle buyer opts for a private solution – all vehicles are equipped with the public eCall service so as to ensure continuity of the service in all Member States throughout the lifetime of the vehicle;

| 30. | Stresses that the eCall system must be user-friendly, and emphasises that consumers should be offered a realistic overview of the system, as well as comprehensive and reliable information regarding any additional functionalities or services linked to the private, in-vehicle emergency or assistance-call applications on offer, and regarding the level of service to be expected with the purchase of such applications and the associated cost; |
| --- | --- |

30.

Stresses that the eCall system must be user-friendly, and emphasises that consumers should be offered a realistic overview of the system, as well as comprehensive and reliable information regarding any additional functionalities or services linked to the private, in-vehicle emergency or assistance-call applications on offer, and regarding the level of service to be expected with the purchase of such applications and the associated cost;

| 31. | Requests that when a consumer that subscribes to a private emergency call service chooses not to use that service, or is travelling in a country where that service is not offered, the public 112 eCall service should automatically be available; |
| --- | --- |

31.

Requests that when a consumer that subscribes to a private emergency call service chooses not to use that service, or is travelling in a country where that service is not offered, the public 112 eCall service should automatically be available;

| 32. | Considers that private eCall service providers also have the possibility to migrate to the EU-wide eCall service at any time, while continuing to provide other call services; |
| --- | --- |

32.

Considers that private eCall service providers also have the possibility to migrate to the EU-wide eCall service at any time, while continuing to provide other call services;

| 33. | Invites EU businesses to become involved in the development of the necessary eCall system applications, services and infrastructure, in order to stimulate EU-wide innovation; |
| --- | --- |

33.

Invites EU businesses to become involved in the development of the necessary eCall system applications, services and infrastructure, in order to stimulate EU-wide innovation;

Data protection

| 34. | Stresses the fact that the public eCall system must not under any circumstances allow the journey of a vehicle to be traced, signifying that it must remain a dormant system until an emergency call is triggered, in line with the recommendations of the Article 29 Working Party on Data Protection; recalls that the eCall service has the priority objective of improving incident management, and that data provided by the eCall service cannot be used in any way to monitor and study a person’s movements or determine his location unless that person has been involved in an accident; |
| --- | --- |

34.

Stresses the fact that the public eCall system must not under any circumstances allow the journey of a vehicle to be traced, signifying that it must remain a dormant system until an emergency call is triggered, in line with the recommendations of the Article 29 Working Party on Data Protection; recalls that the eCall service has the priority objective of improving incident management, and that data provided by the eCall service cannot be used in any way to monitor and study a person’s movements or determine his location unless that person has been involved in an accident;

| 35. | Stresses that appropriate rules that respect transparency should be included for the processing of personal data relating to eCalls, not only by MNOs but also by all other actors involved, including vehicle manufacturers, PSAPs and emergency services, in order to ensure that the principles of privacy and protection of personal data are respected in accordance with European directives 95/46/EC and 2002/58/EC and with national legislation; stresses that any upcoming legislation should clarify the responsibilities, under Directive 95/46/EC, of the different actors involved in the eCall, as well as the modalities for providing information to data subjects and for facilitating the exercise of their rights; |
| --- | --- |

35.

Stresses that appropriate rules that respect transparency should be included for the processing of personal data relating to eCalls, not only by MNOs but also by all other actors involved, including vehicle manufacturers, PSAPs and emergency services, in order to ensure that the principles of privacy and protection of personal data are respected in accordance with European directives 95/46/EC and 2002/58/EC and with national legislation; stresses that any upcoming legislation should clarify the responsibilities, under Directive 95/46/EC, of the different actors involved in the eCall, as well as the modalities for providing information to data subjects and for facilitating the exercise of their rights;

| 36. | Stresses that private eCall services must respect the principles of privacy and data protection, providing in particular for informed consent and the possibility of opting out, in line with the recommendations of the Article 29 Working Party; emphasises that consumers’ informed consent should be based on full information about the amount of data gathered and the purpose to which it is gathered, and that consumers should be able to withdraw their consent at any time; |
| --- | --- |

36.

Stresses that private eCall services must respect the principles of privacy and data protection, providing in particular for informed consent and the possibility of opting out, in line with the recommendations of the Article 29 Working Party; emphasises that consumers’ informed consent should be based on full information about the amount of data gathered and the purpose to which it is gathered, and that consumers should be able to withdraw their consent at any time;

| 37. | Stresses that the owner or leasee of a vehicle should decide, as an informed consumer, who gets access to the data regarding private eCall services registered to the vehicle; |
| --- | --- |

37.

Stresses that the owner or leasee of a vehicle should decide, as an informed consumer, who gets access to the data regarding private eCall services registered to the vehicle;

Other related fields

| 38. | Emphasises that the eCall system utilises technical components (satellite positioning, processing and communication capabilities) that could also provide the basis for several other in-vehicle applications and services; |
| --- | --- |

38.

Emphasises that the eCall system utilises technical components (satellite positioning, processing and communication capabilities) that could also provide the basis for several other in-vehicle applications and services;

| 39. | Considers that, in order to ensure open choice for customers, the eCall in-vehicle system should be accessible free of charge and without discrimination to all stakeholders such as providers of car aftermarket products and services, equipment suppliers, repair shops and independent service providers, roadside assistance and related services; calls on the Commission to ensure that the eCall system is based on an interoperable and open-access platform for possible future in-vehicle applications or services, in order to encourage innovation and boost the competitiveness of the European information technology industry on the global markets; stresses that any such applications and services shall remain optional. |
| --- | --- |

39.

Considers that, in order to ensure open choice for customers, the eCall in-vehicle system should be accessible free of charge and without discrimination to all stakeholders such as providers of car aftermarket products and services, equipment suppliers, repair shops and independent service providers, roadside assistance and related services; calls on the Commission to ensure that the eCall system is based on an interoperable and open-access platform for possible future in-vehicle applications or services, in order to encourage innovation and boost the competitiveness of the European information technology industry on the global markets; stresses that any such applications and services shall remain optional.

| 40. | Considers that open choice for customers and open access for service providers should become part of the original equipment manufacturer (OEM) in-vehicle platform design criteria, and that in-vehicle related interfaces should be standardised to allow fair competition and to encourage innovation in the European telematics market; |
| --- | --- |

40.

Considers that open choice for customers and open access for service providers should become part of the original equipment manufacturer (OEM) in-vehicle platform design criteria, and that in-vehicle related interfaces should be standardised to allow fair competition and to encourage innovation in the European telematics market;

| 41. | Stresses that any additional services to be used in a vehicle – especially when driving – will need to comply with clear safety, security and data protection privacy standards, and that compliance with such standards must be measured and controlled; |
| --- | --- |

41.

Stresses that any additional services to be used in a vehicle – especially when driving – will need to comply with clear safety, security and data protection privacy standards, and that compliance with such standards must be measured and controlled;

| 42. | Recalls that the European Geostationary Navigation Overlay Service (EGNOS) and Galileo can contribute significantly to road traffic management and emergency interventions, and this requires an information campaign to promote greater use of the opportunities that this system offers with regard to the eCall application; |
| --- | --- |

42.

Recalls that the European Geostationary Navigation Overlay Service (EGNOS) and Galileo can contribute significantly to road traffic management and emergency interventions, and this requires an information campaign to promote greater use of the opportunities that this system offers with regard to the eCall application;

| 43. | Considers that Member States should be allowed to establish eCall filtering systems for PSAPs that allow the rapid identification of urgent calls, thereby avoiding call centres from being overburdened while increasing the efficiency of emergency services; considers that such efforts should be supported by the Commission; |
| --- | --- |

43.

Considers that Member States should be allowed to establish eCall filtering systems for PSAPs that allow the rapid identification of urgent calls, thereby avoiding call centres from being overburdened while increasing the efficiency of emergency services; considers that such efforts should be supported by the Commission;

| 44. | Calls on the Member States, in cooperation with the Commission, to establish and run national pilot programmes to implement the automatic vehicle emergency response system (eCall) in order to identify possible problems, and to prepare the way for the mandatory implementation of the system in all Member States in 2015; |
| --- | --- |

44.

Calls on the Member States, in cooperation with the Commission, to establish and run national pilot programmes to implement the automatic vehicle emergency response system (eCall) in order to identify possible problems, and to prepare the way for the mandatory implementation of the system in all Member States in 2015;

| 45. | Requests that a standard eCall interface, a so called “eCall button”, which is easily identifiable also for persons with disabilities, should be inserted in all vehicles in order to avoid misunderstanding and possible misuse of the system; calls on the Commission and the European Standardisation Organisations to propose a harmonised standard for such manual triggering mechanism; |
| --- | --- |

45.

Requests that a standard eCall interface, a so called “eCall button”, which is easily identifiable also for persons with disabilities, should be inserted in all vehicles in order to avoid misunderstanding and possible misuse of the system; calls on the Commission and the European Standardisation Organisations to propose a harmonised standard for such manual triggering mechanism;

| 46. | Calls on the Commission to assess the possible impact of eCall on public health systems expenditures; in this regard, calls on the Member States to agree on a harmonised definition of serious injuries; |
| --- | --- |

46.

Calls on the Commission to assess the possible impact of eCall on public health systems expenditures; in this regard, calls on the Member States to agree on a harmonised definition of serious injuries;

| 47. | Calls on the Commission and the Member States to step up their activities as regards providing extensive practical information through the development of a targeted and far-reaching communication strategy, and implementing coordinated awareness-raising campaigns, concerning the eCall system and its benefits, its use and its functionalities, also in terms of safety for EU’s citizens, with the aims of increasing both the public’s understanding of, and its demand for, such emergency services, and of minimising the risk that these service are misused or misunderstood; |
| --- | --- |

47.

Calls on the Commission and the Member States to step up their activities as regards providing extensive practical information through the development of a targeted and far-reaching communication strategy, and implementing coordinated awareness-raising campaigns, concerning the eCall system and its benefits, its use and its functionalities, also in terms of safety for EU’s citizens, with the aims of increasing both the public’s understanding of, and its demand for, such emergency services, and of minimising the risk that these service are misused or misunderstood;

| 48. | Recommends that the Commission take care that the eCall service is interoperable with other similar in-vehicle emergency services promoted in neighbouring regions, such as the ERA-GLONASS service; |
| --- | --- |

48.

Recommends that the Commission take care that the eCall service is interoperable with other similar in-vehicle emergency services promoted in neighbouring regions, such as the ERA-GLONASS service;

*

* *

| 49. | Instructs its President to forward this resolution to the Council, the Commission and the Governments and Parliaments of the Member States. |
| --- | --- |

49.

Instructs its President to forward this resolution to the Council, the Commission and the Governments and Parliaments of the Member States.

---

(1)  OJ L 303, 22.11.2011, p. 46.

(2)  OJ L 207, 6.8.2010, p. 1.

(3)  OJ L 108, 24.4.2002, p. 51.

(4)  Texts adopted: P7_TA(2011)0453.

(5)  Texts adopted: P7_TA(2011)0408.

(6)  Texts adopted: P7_TA(2011)0519.

(7)  OJ C 351 E, 2.12.2011, p. 13.

(8)  Texts adopted, P7_TA(2011)0306.

(9)  OJ C 184 E, 8.7.2010, p. 50.

(10)  OJ C 286 E, 27.11.2009, p. 45.

(11)  OJ C 244 E, 18.10.2007, p. 220.

(12)  OJ C 296 E, 6.12.2006, p. 268.

(13)  OJ C 227 E, 21.9.2006, p. 609.

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| 29.11.2013 | EN | Official Journal of the European Union | CE 349/27 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/27

---

Tuesday 3 July 2012Attractiveness of investing in Europe

P7_TA(2012)0275

European Parliament resolution of 3 July 2012 on the attractiveness of investing in Europe (2011/2288(INI))

2013/C 349 E/04

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union, and in particular Articles 3, 4, 49, 50, 119, 219 and 282 thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union, and in particular Articles 3, 4, 49, 50, 119, 219 and 282 thereof,

| — | having regard to the proposal for a Council Directive on a Common Consolidated Corporate Tax Base (COM(2011)0121), |
| --- | --- |

—

having regard to the proposal for a Council Directive on a Common Consolidated Corporate Tax Base (COM(2011)0121),

| — | having regard to the OECD Declaration on International Investment and Multinational Enterprises and Guidelines for Multinational Enterprises (update of 25 May 2011), |
| --- | --- |

—

having regard to the OECD Declaration on International Investment and Multinational Enterprises and Guidelines for Multinational Enterprises (update of 25 May 2011),

| — | having regard to the Monti report, ‘A new Strategy for the Single Market’, published on 9 May 2010, |
| --- | --- |

—

having regard to the Monti report, ‘A new Strategy for the Single Market’, published on 9 May 2010,

| — | having regard to the UNCTAD 2011 Report on World Investments, |
| --- | --- |

—

having regard to the UNCTAD 2011 Report on World Investments,

| — | having regard to the Commission Communication entitled ‘Towards a comprehensive European international investment policy’ (COM(2010)0343), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Towards a comprehensive European international investment policy’ (COM(2010)0343),

| — | having regard to the Commission Work Programme 2012 (COM(2011)0777), |
| --- | --- |

—

having regard to the Commission Work Programme 2012 (COM(2011)0777),

| — | having regard to the conclusions of the 3133rd Council meeting on the Single Market Forum, |
| --- | --- |

—

having regard to the conclusions of the 3133rd Council meeting on the Single Market Forum,

| — | having regard to Regulation (EU) No 1173/2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area (1), |
| --- | --- |

—

having regard to Regulation (EU) No 1173/2011 of the European Parliament and of the Council on the effective enforcement of budgetary surveillance in the euro area (1),

| — | having regard to Regulation (EU) No 1174/2011 of the European Parliament and of the Council on enforcement measures to correct excessive macroeconomic imbalances in the euro area (2), |
| --- | --- |

—

having regard to Regulation (EU) No 1174/2011 of the European Parliament and of the Council on enforcement measures to correct excessive macroeconomic imbalances in the euro area (2),

| — | having regard to Regulation (EU) No 1175/2011 of the European Parliament and of the Council on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (3), |
| --- | --- |

—

having regard to Regulation (EU) No 1175/2011 of the European Parliament and of the Council on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies (3),

| — | having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances (4), |
| --- | --- |

—

having regard to Regulation (EU) No 1176/2011 of the European Parliament and of the Council on the prevention and correction of macroeconomic imbalances (4),

| — | having regard to Council Regulation (EU) No 1177/2011 on speeding up and clarifying the implementation of the excessive deficit procedure (5), |
| --- | --- |

—

having regard to Council Regulation (EU) No 1177/2011 on speeding up and clarifying the implementation of the excessive deficit procedure (5),

| — | having regard to Regulation (EU) No 1311/2011 of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (6), |
| --- | --- |

—

having regard to Regulation (EU) No 1311/2011 of the European Parliament and of the Council amending Council Regulation (EC) No 1083/2006 as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability (6),

| — | having regard to Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States (7), |
| --- | --- |

—

having regard to Council Directive 2011/85/EU on requirements for budgetary frameworks of the Member States (7),

| — | having regard to the proposal for a Regulation of the European Parliament and of the Council on European Venture Capital Funds (COM(2011)0860), |
| --- | --- |

—

having regard to the proposal for a Regulation of the European Parliament and of the Council on European Venture Capital Funds (COM(2011)0860),

| — | having regard to the proposal for a Directive of the European Parliament and of the Council on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms and amending Directive 2002/87/EC of the European Parliament and of the Council on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate (COM(2011)0453), |
| --- | --- |

—

having regard to the proposal for a Directive of the European Parliament and of the Council on the access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms and amending Directive 2002/87/EC of the European Parliament and of the Council on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate (COM(2011)0453),

| — | having regard to the Commission Communication entitled ‘Annual Growth Survey 2012’ (COM(2011)0815), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Annual Growth Survey 2012’ (COM(2011)0815),

| — | having regard to the Commission Communication entitled ‘Single Market Act – Twelve levers to boost growth and strengthen confidence – Working together to create new growth’ (COM(2011)0206), |
| --- | --- |

—

having regard to the Commission Communication entitled ‘Single Market Act – Twelve levers to boost growth and strengthen confidence – Working together to create new growth’ (COM(2011)0206),

| — | having regard to the Commission Communication on a strategy for smart, sustainable and inclusive growth (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission Communication on a strategy for smart, sustainable and inclusive growth (COM(2010)2020),

| — | having regard to the Commission Communication on an action plan to improve access to finance for SMEs (COM(2011)0870), |
| --- | --- |

—

having regard to the Commission Communication on an action plan to improve access to finance for SMEs (COM(2011)0870),

| — | having regard to the Commission’s Trade and Investment Barriers Report 2011 to the European Council (COM(2011)0114), |
| --- | --- |

—

having regard to the Commission’s Trade and Investment Barriers Report 2011 to the European Council (COM(2011)0114),

| — | having regard to its resolution of 13 December 2011 on trade and investment barriers (8) |
| --- | --- |

—

having regard to its resolution of 13 December 2011 on trade and investment barriers (8)

| — | having regard to the proposal for a Council Directive on a common system of financial transaction tax and amending Directive 2008/7/EC (COM(2011)0594), |
| --- | --- |

—

having regard to the proposal for a Council Directive on a common system of financial transaction tax and amending Directive 2008/7/EC (COM(2011)0594),

| — | having regard to the Commission Green Paper on the feasibility of introducing Stability Bonds (COM(2011)0818), |
| --- | --- |

—

having regard to the Commission Green Paper on the feasibility of introducing Stability Bonds (COM(2011)0818),

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a budget for Europe 2020 (COM(2011)0500, Parts I and II), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on a budget for Europe 2020 (COM(2011)0500, Parts I and II),

| — | having regard to the Commission Staff Working Paper on the effects of temporary state aid rules adopted in the context of the financial and economic crisis (SEC(2011)1126), |
| --- | --- |

—

having regard to the Commission Staff Working Paper on the effects of temporary state aid rules adopted in the context of the financial and economic crisis (SEC(2011)1126),

| — | having regard to the ‘Labour Market Developments in Europe, 2011’ report by the Commission’s Directorate-General for Economic and Financial Affairs, |
| --- | --- |

—

having regard to the ‘Labour Market Developments in Europe, 2011’ report by the Commission’s Directorate-General for Economic and Financial Affairs,

| — | having regard to the OECD-WTO-UNCTAD reports on G20 trade and investment measures (mid-October 2010 to April 2011), |
| --- | --- |

—

having regard to the OECD-WTO-UNCTAD reports on G20 trade and investment measures (mid-October 2010 to April 2011),

| — | having regard to the European Central Bank’s euro area bank lending survey for January 2012, |
| --- | --- |

—

having regard to the European Central Bank’s euro area bank lending survey for January 2012,

| — | having regard to the European Central Bank’s macroeconomic projections for the euro area (December 2011), |
| --- | --- |

—

having regard to the European Central Bank’s macroeconomic projections for the euro area (December 2011),

| — | having regard to the European Central Bank report on financial integration in Europe (May 2011), |
| --- | --- |

—

having regard to the European Central Bank report on financial integration in Europe (May 2011),

| — | having regard to the OECD Policy Framework for Investment (PFI), |
| --- | --- |

—

having regard to the OECD Policy Framework for Investment (PFI),

| — | having regard to the Proposal for a Regulation of the European Parliament and of the Council establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (2014 - 2020) (COM(2011)0834), |
| --- | --- |

—

having regard to the Proposal for a Regulation of the European Parliament and of the Council establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (2014 - 2020) (COM(2011)0834),

| — | having regard to its position of 19 April 2012 on the proposal for a Council Directive on a Common Consolidated Corporate Tax Base (CCCTB) (9), |
| --- | --- |

—

having regard to its position of 19 April 2012 on the proposal for a Council Directive on a Common Consolidated Corporate Tax Base (CCCTB) (9),

| — | having regard to the Commission report ‘Business Dynamics: Start-ups, Business Transfers and Bankruptcy’ (January 2011), |
| --- | --- |

—

having regard to the Commission report ‘Business Dynamics: Start-ups, Business Transfers and Bankruptcy’ (January 2011),

| — | having regard to the World Bank Report ‘Doing Business 2012: Doing Business in a More Transparent World’, |
| --- | --- |

—

having regard to the World Bank Report ‘Doing Business 2012: Doing Business in a More Transparent World’,

| — | having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Erasmus for All: the EU Programme for Education, Training, Youth and Sport’ (COM(2011)0787), |
| --- | --- |

—

having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions entitled ‘Erasmus for All: the EU Programme for Education, Training, Youth and Sport’ (COM(2011)0787),

| — | having regard to the Commission report entitled ‘Interim evaluation of the Erasmus for Young Entrepreneurs Pilot project / Preparatory action (2011)’, |
| --- | --- |

—

having regard to the Commission report entitled ‘Interim evaluation of the Erasmus for Young Entrepreneurs Pilot project / Preparatory action (2011)’,

| — | having regard to the proposal for a Directive of the European Parliament and of the Council on public procurement (COM(2011)0896), |
| --- | --- |

—

having regard to the proposal for a Directive of the European Parliament and of the Council on public procurement (COM(2011)0896),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Industry, Research and Energy and the Committee on Regional Development (A7-0190/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinions of the Committee on Industry, Research and Energy and the Committee on Regional Development (A7-0190/2012),

| A. | whereas the economic, financial and fiscal crisis in the EU has significantly broadened economic and social disparities among Member States and regions, resulting in an uneven distribution of inward and outward investment across the European Union; |
| --- | --- |

A.

whereas the economic, financial and fiscal crisis in the EU has significantly broadened economic and social disparities among Member States and regions, resulting in an uneven distribution of inward and outward investment across the European Union;

| B. | whereas it is necessary to establish a consistent framework of stability within monetary and fiscal and trade policy, in order to facilitate the flow of direct investment in all Member States and EU regions, thereby contributing to correcting the EU’s macroeconomic imbalances; |
| --- | --- |

B.

whereas it is necessary to establish a consistent framework of stability within monetary and fiscal and trade policy, in order to facilitate the flow of direct investment in all Member States and EU regions, thereby contributing to correcting the EU’s macroeconomic imbalances;

| C. | whereas the informal meeting of the members of the European Council on 23 May 2012 has highlighted the need to mobilise EU policies to fully support growth, step up efforts to finance the economy through investment and strengthen job-creation; |
| --- | --- |

C.

whereas the informal meeting of the members of the European Council on 23 May 2012 has highlighted the need to mobilise EU policies to fully support growth, step up efforts to finance the economy through investment and strengthen job-creation;

| D. | whereas, according to the latest Commission Interim Forecast, the EU suffers from weak growth and expected growth rates will significantly differ across the Union, undermined by continued uncertainty and lack of consumer and market confidence; |
| --- | --- |

D.

whereas, according to the latest Commission Interim Forecast, the EU suffers from weak growth and expected growth rates will significantly differ across the Union, undermined by continued uncertainty and lack of consumer and market confidence;

| E. | whereas the Union should further exploit its strengths, such as the high standard of consumption, education and quality of life, its research and innovation capacity, high labour efficiency and productivity as well as a friendly and motivational business environment in order to tackle the fiscal crisis and enhance growth and employment; |
| --- | --- |

E.

whereas the Union should further exploit its strengths, such as the high standard of consumption, education and quality of life, its research and innovation capacity, high labour efficiency and productivity as well as a friendly and motivational business environment in order to tackle the fiscal crisis and enhance growth and employment;

| F. | whereas the financing of the Member States’ public debt has the effect of absorbing resources for investment, growth and employment, while capital flight from certain Member States to certain other Member States as well as to certain third countries may contribute to a worsening of the EU balance of payments situation; |
| --- | --- |

F.

whereas the financing of the Member States’ public debt has the effect of absorbing resources for investment, growth and employment, while capital flight from certain Member States to certain other Member States as well as to certain third countries may contribute to a worsening of the EU balance of payments situation;

| G. | whereas bank lending – as the most important source of finance in the euro area, accounting for more than equity and bond finance put together, while in the USA and other regions of the world bank credit accounts for a smaller percentage of total finance – has been strongly affected by the recent developments; |
| --- | --- |

G.

whereas bank lending – as the most important source of finance in the euro area, accounting for more than equity and bond finance put together, while in the USA and other regions of the world bank credit accounts for a smaller percentage of total finance – has been strongly affected by the recent developments;

| H. | whereas the growth potential provided by sectors such as green technologies, health and care, education and social economy can ignite and drive investment through increasing mutual demand, thereby boosting investment; |
| --- | --- |

H.

whereas the growth potential provided by sectors such as green technologies, health and care, education and social economy can ignite and drive investment through increasing mutual demand, thereby boosting investment;

| I. | whereas there is need to monitor and review the impact and implementation of EU financial regulations to ensure that it is not creating unnecessary administrative burdens and stifling foreign direct investment in the EU; |
| --- | --- |

I.

whereas there is need to monitor and review the impact and implementation of EU financial regulations to ensure that it is not creating unnecessary administrative burdens and stifling foreign direct investment in the EU;

| J. | whereas the latest UNCTAD report shows that the EU still has a strong capacity for attracting foreign direct investment; |
| --- | --- |

J.

whereas the latest UNCTAD report shows that the EU still has a strong capacity for attracting foreign direct investment;

| K. | whereas internal investment within the Union can significantly expand the markets for foreign direct investment through improvements in sustainable infrastructure for business, education, research and development; |
| --- | --- |

K.

whereas internal investment within the Union can significantly expand the markets for foreign direct investment through improvements in sustainable infrastructure for business, education, research and development;

| L. | whereas investment consists of two pillars – public investment and private investment – and whereas the private pillar is composed of domestic and foreign investment; |
| --- | --- |

L.

whereas investment consists of two pillars – public investment and private investment – and whereas the private pillar is composed of domestic and foreign investment;

| M. | whereas combating over-dependency on imports of oil, gas and other non-renewable resources requires major investment in renewable energy, energy and resource efficiency; |
| --- | --- |

M.

whereas combating over-dependency on imports of oil, gas and other non-renewable resources requires major investment in renewable energy, energy and resource efficiency;

| N. | whereas the European sovereign debt and roll-over risks, as well as deficiencies and barriers to trade and to the completion of the internal market, including non-tariff barriers and data restrictions, may limit the EU region’s ability to attract both European and international investors; |
| --- | --- |

N.

whereas the European sovereign debt and roll-over risks, as well as deficiencies and barriers to trade and to the completion of the internal market, including non-tariff barriers and data restrictions, may limit the EU region’s ability to attract both European and international investors;

| O. | whereas, in terms of competitiveness and entrepreneurship, the main challenges that Union enterprises continue to face are difficulties in accessing finance for SMEs; weak entrepreneurial spirit (only 45 % of European citizens would like to be self-employed compared, for example, to 55 % in the United States); a business environment not conducive to start-ups and growth, characterised by persistent regulatory fragmentation and red tape; limited capacity of SMEs to adapt to an energy- and resource-efficient economy and to expand to markets beyond their home country, both within the Single Market and beyond; |
| --- | --- |

O.

whereas, in terms of competitiveness and entrepreneurship, the main challenges that Union enterprises continue to face are difficulties in accessing finance for SMEs; weak entrepreneurial spirit (only 45 % of European citizens would like to be self-employed compared, for example, to 55 % in the United States); a business environment not conducive to start-ups and growth, characterised by persistent regulatory fragmentation and red tape; limited capacity of SMEs to adapt to an energy- and resource-efficient economy and to expand to markets beyond their home country, both within the Single Market and beyond;

| P. | whereas, according to the latest World Bank ‘Doing Business’ index, EU Member States represent only 40 % (and euro area members just 26 %) of the top 35 countries in terms of entrepreneurship at global level; |
| --- | --- |

P.

whereas, according to the latest World Bank ‘Doing Business’ index, EU Member States represent only 40 % (and euro area members just 26 %) of the top 35 countries in terms of entrepreneurship at global level;

| Q. | whereas, as shown in the Commission’s Alert Mechanism Report (COM(2012)0068), national budget constraints and high unemployment rates highlight the need, especially with regard to current account balances, export market shares and private and public debt, to introduce effective structural reforms in order to improve the business environment, while cutting red tape and optimising the added value of the Structural Funds and the European Investment Bank’s activities, including in the countries benefiting from the European Neighbourhood Policy; |
| --- | --- |

Q.

whereas, as shown in the Commission’s Alert Mechanism Report (COM(2012)0068), national budget constraints and high unemployment rates highlight the need, especially with regard to current account balances, export market shares and private and public debt, to introduce effective structural reforms in order to improve the business environment, while cutting red tape and optimising the added value of the Structural Funds and the European Investment Bank’s activities, including in the countries benefiting from the European Neighbourhood Policy;

| R. | whereas well-targeted social investments are crucial to securing a high employment level in the long run, stabilising the economy, enhancing human capital and raising the competitiveness of the EU; |
| --- | --- |

R.

whereas well-targeted social investments are crucial to securing a high employment level in the long run, stabilising the economy, enhancing human capital and raising the competitiveness of the EU;

| S. | whereas foreign direct investment trends are one of the key indicators used by the Commission in the scoreboard for the surveillance of macroeconomic imbalances; |
| --- | --- |

S.

whereas foreign direct investment trends are one of the key indicators used by the Commission in the scoreboard for the surveillance of macroeconomic imbalances;

| T. | whereas studies conducted by UNEP and the ILO reveal that investment in human capital formation is crucial to attracting investment in green economic sectors and exploiting their high growth potential; |
| --- | --- |

T.

whereas studies conducted by UNEP and the ILO reveal that investment in human capital formation is crucial to attracting investment in green economic sectors and exploiting their high growth potential;

| U. | whereas the flow of foreign direct investment in the EU, particularly if directed in such a way as to reduce the disparities between Member States, has positive effects on the real economy and the balance of payments, competitiveness, employment and social cohesion, but also acts as a positive stimulus as regards technological development, innovation, skills and labour force mobility; |
| --- | --- |

U.

whereas the flow of foreign direct investment in the EU, particularly if directed in such a way as to reduce the disparities between Member States, has positive effects on the real economy and the balance of payments, competitiveness, employment and social cohesion, but also acts as a positive stimulus as regards technological development, innovation, skills and labour force mobility;

| V. | whereas the definition of annual national sub-targets covering areas that underpin an attractive and competitive environment for international investors, in line with OECD parameters, will help to highlight national weaknesses and strengths as well as opportunities for targeted interventions; |
| --- | --- |

V.

whereas the definition of annual national sub-targets covering areas that underpin an attractive and competitive environment for international investors, in line with OECD parameters, will help to highlight national weaknesses and strengths as well as opportunities for targeted interventions;

| W. | whereas the euro-area and ECB objective of maintaining an inflation rate of just under 2 % in the euro area contributes to establishing a framework of stability conducive to attracting investment; |
| --- | --- |

W.

whereas the euro-area and ECB objective of maintaining an inflation rate of just under 2 % in the euro area contributes to establishing a framework of stability conducive to attracting investment;

| X. | whereas the development of the European bond markets is to a large extent dependent on the broadening of the investment base; |
| --- | --- |

X.

whereas the development of the European bond markets is to a large extent dependent on the broadening of the investment base;

| Y. | whereas, in its proposal on a common consolidated corporate tax base (CCCTB), the Commission did not extend harmonisation to corporate tax rates, which are intended to remain within the competence of the Member States, and whereas further steps are required to make the tax system in the Union more transparent and less complex for foreign investors while simultaneously coordinating tax systems throughout Europe; |
| --- | --- |

Y.

whereas, in its proposal on a common consolidated corporate tax base (CCCTB), the Commission did not extend harmonisation to corporate tax rates, which are intended to remain within the competence of the Member States, and whereas further steps are required to make the tax system in the Union more transparent and less complex for foreign investors while simultaneously coordinating tax systems throughout Europe;

| Z. | whereas trade protectionism is gaining ground world wide, therefore the EU, as the market leader in inward foreign investments, should continue the negotiations towards Free Trade Agreements promoting open and fair trade as well as international standards in the area of social and environmental protection when protecting its competitive trade advantages; |
| --- | --- |

Z.

whereas trade protectionism is gaining ground world wide, therefore the EU, as the market leader in inward foreign investments, should continue the negotiations towards Free Trade Agreements promoting open and fair trade as well as international standards in the area of social and environmental protection when protecting its competitive trade advantages;

| AA. | whereas in the European Union there still remain significant obstacles to providing cross-border services, which impedes the functioning of the free market; |
| --- | --- |

AA.

whereas in the European Union there still remain significant obstacles to providing cross-border services, which impedes the functioning of the free market;

| AB. | whereas, in accordance with the EU Treaties, common commercial policy, including foreign direct investments, falls under the exclusive competence of the EU, and whereas in this field, the European Parliament and the Council operate on an equal footing, since the ordinary legislative procedure is applied; |
| --- | --- |

AB.

whereas, in accordance with the EU Treaties, common commercial policy, including foreign direct investments, falls under the exclusive competence of the EU, and whereas in this field, the European Parliament and the Council operate on an equal footing, since the ordinary legislative procedure is applied;

| 1. | Stresses that the EU still represents the first worldwide destination of foreign direct investment (FDI) and should as such continue meeting the expectations of investor and beneficiary states while complying with the EU’s broader economic, social and environmental policy objectives, thus protecting its leading role at European and national level; |
| --- | --- |

1.

Stresses that the EU still represents the first worldwide destination of foreign direct investment (FDI) and should as such continue meeting the expectations of investor and beneficiary states while complying with the EU’s broader economic, social and environmental policy objectives, thus protecting its leading role at European and national level;

| 2. | Believes that cohesion policy is key to addressing macroeconomic and regional imbalances at EU level and should be a key internal market policy for enhancing competitiveness, productivity, growth and job creation, which in turn has the potential to increase the attractiveness of investing in the EU; stresses that, through cohesion policy investment in infrastructure and labour-market skills, the attractiveness for prospective investors can be significantly increased; |
| --- | --- |

2.

Believes that cohesion policy is key to addressing macroeconomic and regional imbalances at EU level and should be a key internal market policy for enhancing competitiveness, productivity, growth and job creation, which in turn has the potential to increase the attractiveness of investing in the EU; stresses that, through cohesion policy investment in infrastructure and labour-market skills, the attractiveness for prospective investors can be significantly increased;

| 3. | Urges the Commission to improve international regulatory cooperation, including in multilateral fora, and the convergence of regulatory requirements on the basis of international standards and, where possible, to engage in regulatory dialogue to address existing or potential future barriers to trade with a view to limiting disputes and associated trade costs; |
| --- | --- |

3.

Urges the Commission to improve international regulatory cooperation, including in multilateral fora, and the convergence of regulatory requirements on the basis of international standards and, where possible, to engage in regulatory dialogue to address existing or potential future barriers to trade with a view to limiting disputes and associated trade costs;

| 4. | Considers that fiscal consolidation and stabilisation and the completion of the internal market should be carried out, ensuring an assessment of the added value that they can offer; believes that strong cooperation among economic bodies, as well as more complementarities between EU economies, should help reduce the regional disparities in foreign direct investment in order to strengthen the European industrial base and promote sustainable long-term economic development, the latter being the crucial precondition for successful and effective fiscal consolidation; |
| --- | --- |

4.

Considers that fiscal consolidation and stabilisation and the completion of the internal market should be carried out, ensuring an assessment of the added value that they can offer; believes that strong cooperation among economic bodies, as well as more complementarities between EU economies, should help reduce the regional disparities in foreign direct investment in order to strengthen the European industrial base and promote sustainable long-term economic development, the latter being the crucial precondition for successful and effective fiscal consolidation;

| 5. | Stresses that it is crucial to maintain strategic European investors’ interest in conducting their activities within the EU, bearing in mind that, in conjunction with the broader global financial and economic crisis, the negative feelings and uncertainty created by the debt crisis and a lack of quick responses lead investors to reduce their current exposure to the region; emphasises that a lack of co-ordinated long term domestic investment will significantly damage the future attractiveness of investing in the EU to such investors; recognises that a multi-level approach to governance, with local community involvement at appropriate stages, is essential to ensuring that investment is targeted towards addressing the specific needs of each region and each Member State; |
| --- | --- |

5.

Stresses that it is crucial to maintain strategic European investors’ interest in conducting their activities within the EU, bearing in mind that, in conjunction with the broader global financial and economic crisis, the negative feelings and uncertainty created by the debt crisis and a lack of quick responses lead investors to reduce their current exposure to the region; emphasises that a lack of co-ordinated long term domestic investment will significantly damage the future attractiveness of investing in the EU to such investors; recognises that a multi-level approach to governance, with local community involvement at appropriate stages, is essential to ensuring that investment is targeted towards addressing the specific needs of each region and each Member State;

| 6. | Calls on the Commission to draw up a communication on the attractiveness of investing in Europe as opposed to its main partners and competitors, identifying the main advantages and weaknesses of the EU as an investment environment, and to put forward an integrated strategy including specific policies and recommendations, as well as legislative proposals if appropriate, to improve the EU’s investment environment; |
| --- | --- |

6.

Calls on the Commission to draw up a communication on the attractiveness of investing in Europe as opposed to its main partners and competitors, identifying the main advantages and weaknesses of the EU as an investment environment, and to put forward an integrated strategy including specific policies and recommendations, as well as legislative proposals if appropriate, to improve the EU’s investment environment;

| 7. | Believes that the EU should fully exploit its position as the world’s largest single common market (including its high standard of living, high labour productivity, legal certainty and research and innovation capacity), foreign investor and trader in tackling the fiscal crisis, and highlights the need for more efficient tools and methods and new funding mechanisms and investment schemes, such as EU project bonds, which could exploit Europe’s competitive advantages and the complementarities between its Member States and achieve the goals of the Europe 2020 growth strategy, in order to combat the recession and the challenge of slow growth; |
| --- | --- |

7.

Believes that the EU should fully exploit its position as the world’s largest single common market (including its high standard of living, high labour productivity, legal certainty and research and innovation capacity), foreign investor and trader in tackling the fiscal crisis, and highlights the need for more efficient tools and methods and new funding mechanisms and investment schemes, such as EU project bonds, which could exploit Europe’s competitive advantages and the complementarities between its Member States and achieve the goals of the Europe 2020 growth strategy, in order to combat the recession and the challenge of slow growth;

| 8. | Urges the EU to introduce investment as a key element of all flagship initiatives within the Europe 2020 Strategy, in order to meet the critical need for growth and employment and make use of their major contribution towards tackling the fiscal crisis; in particular, calls on the Commission and on the Member States to develop an ambitious, eco-efficient and sustainable EU industrial strategy in order to revitalise manufacturing capacity across the EU and generate high quality jobs within the EU; |
| --- | --- |

8.

Urges the EU to introduce investment as a key element of all flagship initiatives within the Europe 2020 Strategy, in order to meet the critical need for growth and employment and make use of their major contribution towards tackling the fiscal crisis; in particular, calls on the Commission and on the Member States to develop an ambitious, eco-efficient and sustainable EU industrial strategy in order to revitalise manufacturing capacity across the EU and generate high quality jobs within the EU;

| 9. | Stresses in particular the enormous potential for attracting foreign direct investment by promoting education, research and development and job creation in the areas of reducing greenhouse gas emissions, developing renewable energy sources and increasing energy efficiency in order to meet the 2020 targets and make the EU a world leader in green technology; |
| --- | --- |

9.

Stresses in particular the enormous potential for attracting foreign direct investment by promoting education, research and development and job creation in the areas of reducing greenhouse gas emissions, developing renewable energy sources and increasing energy efficiency in order to meet the 2020 targets and make the EU a world leader in green technology;

| 10. | Recalls that not increasing through sustainable funding or even reducing public investment, due to the fiscal crisis, in crucial sectors such as health, education, research and infrastructures could adversely affect competitiveness and attractiveness to investors, especially if this becomes a long-term pattern; for this reason there is a need to sustainably increase public investment; |
| --- | --- |

10.

Recalls that not increasing through sustainable funding or even reducing public investment, due to the fiscal crisis, in crucial sectors such as health, education, research and infrastructures could adversely affect competitiveness and attractiveness to investors, especially if this becomes a long-term pattern; for this reason there is a need to sustainably increase public investment;

| 11. | Supports the newly proposed ‘Erasmus for All’ programme that can significantly increase the funds allocated for mobility and the development of knowledge, training and skills, in order to boost young people‘s personal development and job prospects and thus contribute to enhancing human potential and address the problem of high youth unemployment in Europe; supports ‘Erasmus for Enterprises’ and in particular the exchange programme ‘Erasmus for Young Entrepreneurs’, which will encourage start-ups, cross-border transfers of knowledge, cooperation between small firms, innovation and job creation; |
| --- | --- |

11.

Supports the newly proposed ‘Erasmus for All’ programme that can significantly increase the funds allocated for mobility and the development of knowledge, training and skills, in order to boost young people‘s personal development and job prospects and thus contribute to enhancing human potential and address the problem of high youth unemployment in Europe; supports ‘Erasmus for Enterprises’ and in particular the exchange programme ‘Erasmus for Young Entrepreneurs’, which will encourage start-ups, cross-border transfers of knowledge, cooperation between small firms, innovation and job creation;

| 12. | Proposes improving and broadening the statistical database for direct investment, in accordance with the international models of the OECD and the World Bank, and the adoption of supplementary investment targets and indicators at national level (urban environment, social infrastructure), so as to highlight the progress that is being made towards an attractive investment environment, while at the same time evaluating the investment policies and their positive effects on the real economy and employment in the various countries and regions; |
| --- | --- |

12.

Proposes improving and broadening the statistical database for direct investment, in accordance with the international models of the OECD and the World Bank, and the adoption of supplementary investment targets and indicators at national level (urban environment, social infrastructure), so as to highlight the progress that is being made towards an attractive investment environment, while at the same time evaluating the investment policies and their positive effects on the real economy and employment in the various countries and regions;

| 13. | Believes that any strategy aimed at attracting foreign and local investment should be linked to completion of the internal market, cross-border investment and flows, open markets, improved market access and fair competition for liberal professions, given the number and variety of new opportunities; believes, in this regard, that the EU should promote the Trans-European Networks and worker, student and researcher mobility and reinforce cooperation and complementarities between EU economies; |
| --- | --- |

13.

Believes that any strategy aimed at attracting foreign and local investment should be linked to completion of the internal market, cross-border investment and flows, open markets, improved market access and fair competition for liberal professions, given the number and variety of new opportunities; believes, in this regard, that the EU should promote the Trans-European Networks and worker, student and researcher mobility and reinforce cooperation and complementarities between EU economies;

| 14. | Stresses the urgent need to reduce tax barriers for cross-border workers and employers to facilitate citizens’ mobility and promote cross-border investment; |
| --- | --- |

14.

Stresses the urgent need to reduce tax barriers for cross-border workers and employers to facilitate citizens’ mobility and promote cross-border investment;

| 15. | Calls on the EU to negotiate at global level and in the framework of the WTO, G20 and G8, the establishment of common rules that ensure fair competition and a level playing field in the face of international macroeconomic imbalances relating to financial regulation and taxation in order to protect the EU’s competitiveness and ensure respect of the social and environmental objectives of the Union; calls on the Union to be decisive in negotiating and concluding comprehensive free trade agreements (FTAs) with major partners as a key to opening new markets for goods and services, increasing investment opportunities, facilitating open and fair trade and promoting a more predictable policy environment; stresses the importance of advancing negotiations on a financial transaction tax at global level; |
| --- | --- |

15.

Calls on the EU to negotiate at global level and in the framework of the WTO, G20 and G8, the establishment of common rules that ensure fair competition and a level playing field in the face of international macroeconomic imbalances relating to financial regulation and taxation in order to protect the EU’s competitiveness and ensure respect of the social and environmental objectives of the Union; calls on the Union to be decisive in negotiating and concluding comprehensive free trade agreements (FTAs) with major partners as a key to opening new markets for goods and services, increasing investment opportunities, facilitating open and fair trade and promoting a more predictable policy environment; stresses the importance of advancing negotiations on a financial transaction tax at global level;

| 16. | Is of the opinion that the creation of an ad hoc European Observatory for foreign direct investments, established within the European Commission, could contribute to reinforcing the coordination of Member States’ policies in this field and, at the same time, provide better monitoring of the policies undertaken, including their macroeconomic effects, in order to promote Europe as an investment destination; |
| --- | --- |

16.

Is of the opinion that the creation of an ad hoc European Observatory for foreign direct investments, established within the European Commission, could contribute to reinforcing the coordination of Member States’ policies in this field and, at the same time, provide better monitoring of the policies undertaken, including their macroeconomic effects, in order to promote Europe as an investment destination;

| 17. | Calls on the Commission to step up coordination of Member States’ economic, tax and social policies with a view to attracting foreign investment, while taking into account the economic and social divergences observed between euro-area members and between EU Member States; |
| --- | --- |

17.

Calls on the Commission to step up coordination of Member States’ economic, tax and social policies with a view to attracting foreign investment, while taking into account the economic and social divergences observed between euro-area members and between EU Member States;

| 18. | Considers that the EU and the Member States should take action notably to enhance the use of the Structural Funds and the Cohesion Fund as a catalyst for attracting additional funding from the EIB, EBRD, other international financial institutions and the private sector, while encouraging initiatives based on public-private partnerships (PPP), such as EU Project Bonds; notes that SMEs can particularly benefit from investments that strengthen capacities, infrastructure and human capital; recognises the potential of extending the scope of innovative financial instruments so that they are used to greater effect as access to finance to complement traditional financing methods; stresses that the revolving nature of financial instruments and a flexible approach to integrating such instruments at regional level could achieve a multiplying effect of the EU budget, foster public-private partnerships, open up alternative sources of finance and provide an important new financing stream for strategic investments, supporting long-term, sustainable investments at a time of fiscal constraint; |
| --- | --- |

18.

Considers that the EU and the Member States should take action notably to enhance the use of the Structural Funds and the Cohesion Fund as a catalyst for attracting additional funding from the EIB, EBRD, other international financial institutions and the private sector, while encouraging initiatives based on public-private partnerships (PPP), such as EU Project Bonds; notes that SMEs can particularly benefit from investments that strengthen capacities, infrastructure and human capital; recognises the potential of extending the scope of innovative financial instruments so that they are used to greater effect as access to finance to complement traditional financing methods; stresses that the revolving nature of financial instruments and a flexible approach to integrating such instruments at regional level could achieve a multiplying effect of the EU budget, foster public-private partnerships, open up alternative sources of finance and provide an important new financing stream for strategic investments, supporting long-term, sustainable investments at a time of fiscal constraint;

| 19. | Welcomes the ECB’s longer-term refinancing operations (LTRO); calls on the ECB to further act in a decisive way in addressing the current euro-area debt crisis by maintaining price stability while at the same time minimising negative spill-over effects on the real economy and the investments that the banking sector’s liquidity problems might generate; believes that the banking sector must take the necessary steps to address its structural weaknesses with regard to longer-term liquidity risks in order to restore investor confidence and therefore to avoid the need for the ECB to intervene so massively in future; considers that the bank’s operational framework should be shaped in such a way that a proportion of the grants would be made available for development purposes and to support small and medium-sized enterprises; |
| --- | --- |

19.

Welcomes the ECB’s longer-term refinancing operations (LTRO); calls on the ECB to further act in a decisive way in addressing the current euro-area debt crisis by maintaining price stability while at the same time minimising negative spill-over effects on the real economy and the investments that the banking sector’s liquidity problems might generate; believes that the banking sector must take the necessary steps to address its structural weaknesses with regard to longer-term liquidity risks in order to restore investor confidence and therefore to avoid the need for the ECB to intervene so massively in future; considers that the bank’s operational framework should be shaped in such a way that a proportion of the grants would be made available for development purposes and to support small and medium-sized enterprises;

| 20. | Believes that the forthcoming reform of the Capital Requirements Directive should ensure that increasing capital reserves to promote the long-term stability of the banking sector does not prevent banks from injecting liquidity into the real economy, which is vital for investment; |
| --- | --- |

20.

Believes that the forthcoming reform of the Capital Requirements Directive should ensure that increasing capital reserves to promote the long-term stability of the banking sector does not prevent banks from injecting liquidity into the real economy, which is vital for investment;

| 21. | Stresses the need for deepening European capital markets in order to ensure access to financing from sources other than banks; |
| --- | --- |

21.

Stresses the need for deepening European capital markets in order to ensure access to financing from sources other than banks;

| 22. | Notes the Commission’s new proposals to improve the regulation of the credit rating agency market, in particular the amendment of Regulation (EC) No 1060/2009 on credit rating agencies and the coordination of laws, regulations and administrative provisions relating to undertakings of collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of the excessive reliance on credit ratings, and underlines the need for further steps to be taken to ensure a healthy business environment and fair competition; |
| --- | --- |

22.

Notes the Commission’s new proposals to improve the regulation of the credit rating agency market, in particular the amendment of Regulation (EC) No 1060/2009 on credit rating agencies and the coordination of laws, regulations and administrative provisions relating to undertakings of collective investment in transferable securities (UCITS) and Directive 2011/61/EU on Alternative Investment Funds Managers in respect of the excessive reliance on credit ratings, and underlines the need for further steps to be taken to ensure a healthy business environment and fair competition;

| 23. | Calls on the Commission to evaluate the many remaining obstacles that impede the provision and receipt of cross-border services in individual Member States; |
| --- | --- |

23.

Calls on the Commission to evaluate the many remaining obstacles that impede the provision and receipt of cross-border services in individual Member States;

| 24. | Notes the importance of the Commission’s proposals to modernise the European public procurement market; stresses that a dynamic pan-European procurement market can provide important business opportunities for European companies and can significantly contribute to stimulating competitive European industry, as well as attracting investment and promoting economic growth; |
| --- | --- |

24.

Notes the importance of the Commission’s proposals to modernise the European public procurement market; stresses that a dynamic pan-European procurement market can provide important business opportunities for European companies and can significantly contribute to stimulating competitive European industry, as well as attracting investment and promoting economic growth;

| 25. | Expresses concern at the trend for euro-area institutional investors to move out of euro-area equities and into equities issued elsewhere in the world, in view of (i) their growing role in the euro-area financial sector and (ii) the decline of investment funds’ total holdings of shares and other equity issued by euro-area residents from 26 % in 2009 to 23 % during 2010; |
| --- | --- |

25.

Expresses concern at the trend for euro-area institutional investors to move out of euro-area equities and into equities issued elsewhere in the world, in view of (i) their growing role in the euro-area financial sector and (ii) the decline of investment funds’ total holdings of shares and other equity issued by euro-area residents from 26 % in 2009 to 23 % during 2010;

| 26. | Stresses the role of sovereign wealth funds from third countries and stresses the importance of strengthening the principles of transparency and accountability in order to promote synergies between the EU and sovereign wealth funds; |
| --- | --- |

26.

Stresses the role of sovereign wealth funds from third countries and stresses the importance of strengthening the principles of transparency and accountability in order to promote synergies between the EU and sovereign wealth funds;

| 27. | Calls on the Commission and the Member States to encourage institutional investors to participate in European venture capital funds and European social entrepreneurship funds and to eliminate restrictions on the supply of venture capital funding in small and medium-sized enterprises; |
| --- | --- |

27.

Calls on the Commission and the Member States to encourage institutional investors to participate in European venture capital funds and European social entrepreneurship funds and to eliminate restrictions on the supply of venture capital funding in small and medium-sized enterprises;

| 28. | Believes that cross-border entrepreneurship offers significant benefits both for EU regions by contributing to their economic development and for individual enterprises by offering them opportunities to access new and larger markets and sources of supply, as well as capital, labour and technology; |
| --- | --- |

28.

Believes that cross-border entrepreneurship offers significant benefits both for EU regions by contributing to their economic development and for individual enterprises by offering them opportunities to access new and larger markets and sources of supply, as well as capital, labour and technology;

| 29. | Expresses concern about the high youth unemployment figures observed in a number of Member States and the negative employment prospects; notes with concern the European Union’s limited ability to attract high-quality human capital while there are significant human capital flows towards third world countries; recognises that the European Union holds vast potential in terms of high-quality human capital and calls on the Commission and the Member States to step up action in order to tackle youth unemployment through programmes and concrete action at European and national level; welcomes in this regard the statement of the European Council calling on the Member States to introduce national schemes akin to the Youth Guarantee and urges the Member States to back up this plea with swift and concrete action at national level so as to ensure that young people are either in a decent job, education or (re-) training; considers that the European Union should step up its efforts to achieve the employment objectives of the EU 2020 strategy for smart, sustainable and inclusive growth, including reduced taxes on labour aimed at attracting more investment in the labour-intensive sectors of the economy; |
| --- | --- |

29.

Expresses concern about the high youth unemployment figures observed in a number of Member States and the negative employment prospects; notes with concern the European Union’s limited ability to attract high-quality human capital while there are significant human capital flows towards third world countries; recognises that the European Union holds vast potential in terms of high-quality human capital and calls on the Commission and the Member States to step up action in order to tackle youth unemployment through programmes and concrete action at European and national level; welcomes in this regard the statement of the European Council calling on the Member States to introduce national schemes akin to the Youth Guarantee and urges the Member States to back up this plea with swift and concrete action at national level so as to ensure that young people are either in a decent job, education or (re-) training; considers that the European Union should step up its efforts to achieve the employment objectives of the EU 2020 strategy for smart, sustainable and inclusive growth, including reduced taxes on labour aimed at attracting more investment in the labour-intensive sectors of the economy;

| 30. | Points to the challenge faced by the Union as a whole and by individual Member States with respect to an ageing population; urges the Member States to develop consistent strategies that deal with the demographic challenge, offsetting potential negative implications; |
| --- | --- |

30.

Points to the challenge faced by the Union as a whole and by individual Member States with respect to an ageing population; urges the Member States to develop consistent strategies that deal with the demographic challenge, offsetting potential negative implications;

| 31. | Supports the objectives of the Innovation Union; calls on Member States to target investment in education, research and innovation, given the medium- and long-term positive effects it can have on growth and development; supports smart specialisation as an important policy principle and a concept for innovation policy and stronger links between research and entrepreneurship in areas such as green technology; |
| --- | --- |

31.

Supports the objectives of the Innovation Union; calls on Member States to target investment in education, research and innovation, given the medium- and long-term positive effects it can have on growth and development; supports smart specialisation as an important policy principle and a concept for innovation policy and stronger links between research and entrepreneurship in areas such as green technology;

| 32. | Stresses that the fight against tax evasion should be a top priority for the European Union, especially in the current crisis situation, where tax evasion represents a major loss for national budgets and extra revenues could be used to increase public investment; points out the need to ensure smooth cooperation and coordination between the Commission and the Member States to fight against double taxation, double non-taxation, tax fraud, tax evasion and dumping, and the use of tax havens for illicit purposes; more generally, calls for greater fiscal coordination on both the revenue and expenditure sides, including smooth cooperation and coordination between Member States’ tax systems, also for a reduction in the heavy administrative burdens and high tax compliance costs that European businesses are facing and which create disincentives for investment in the European Union; welcomes Parliament’s above mentioned position on a common consolidated corporate tax base (CCCTB) while looking forward to the directive’s adoption by the Council; |
| --- | --- |

32.

Stresses that the fight against tax evasion should be a top priority for the European Union, especially in the current crisis situation, where tax evasion represents a major loss for national budgets and extra revenues could be used to increase public investment; points out the need to ensure smooth cooperation and coordination between the Commission and the Member States to fight against double taxation, double non-taxation, tax fraud, tax evasion and dumping, and the use of tax havens for illicit purposes; more generally, calls for greater fiscal coordination on both the revenue and expenditure sides, including smooth cooperation and coordination between Member States’ tax systems, also for a reduction in the heavy administrative burdens and high tax compliance costs that European businesses are facing and which create disincentives for investment in the European Union; welcomes Parliament’s above mentioned position on a common consolidated corporate tax base (CCCTB) while looking forward to the directive’s adoption by the Council;

| 33. | Points out that difficulties in accessing finance remain one of the top concerns for SMEs; is particularly worried about the fact that healthy companies cannot acquire the funding they plan for; calls on the Commission and the Member States swiftly to implement actions and regulatory measures to facilitate funding for SMEs, as proposed in the EU Action Plan to improve access to finance for SMEs; stresses that growth at local levels is often sustained by SMEs and social enterprises and cohesion policy funding delivered through a strong multi-level governance approach can ensure that SMEs and social enterprises fulfil their potential and continue to make a valuable contribution to EU competitiveness; |
| --- | --- |

33.

Points out that difficulties in accessing finance remain one of the top concerns for SMEs; is particularly worried about the fact that healthy companies cannot acquire the funding they plan for; calls on the Commission and the Member States swiftly to implement actions and regulatory measures to facilitate funding for SMEs, as proposed in the EU Action Plan to improve access to finance for SMEs; stresses that growth at local levels is often sustained by SMEs and social enterprises and cohesion policy funding delivered through a strong multi-level governance approach can ensure that SMEs and social enterprises fulfil their potential and continue to make a valuable contribution to EU competitiveness;

| 34. | Emphasises the need for a comprehensive review of the economic impact of EU financial regulation to ensure that implementation is proportionate and does not stifle investment; |
| --- | --- |

34.

Emphasises the need for a comprehensive review of the economic impact of EU financial regulation to ensure that implementation is proportionate and does not stifle investment;

| 35. | Welcomes the Programme for the Competitiveness of Enterprises and SMEs (COSME) proposed by the Commission for the period 2014-2020 as a means to encourage an entrepreneurial culture and promote start-ups of SMEs mainly in new sectors such as social media services, the green economy and tourism; |
| --- | --- |

35.

Welcomes the Programme for the Competitiveness of Enterprises and SMEs (COSME) proposed by the Commission for the period 2014-2020 as a means to encourage an entrepreneurial culture and promote start-ups of SMEs mainly in new sectors such as social media services, the green economy and tourism;

| 36. | Calls for new, efficient bankruptcy laws, including early warning tools, in order to encourage a second-chance policy designed to foster entrepreneurship and business re-starts, given that Second Chance is not adequately recognised by national legislations; stresses the importance of increased networking among entrepreneurs and re-starters in order to promote Second Chance as well as the need to address difficulties in financing re-starters; |
| --- | --- |

36.

Calls for new, efficient bankruptcy laws, including early warning tools, in order to encourage a second-chance policy designed to foster entrepreneurship and business re-starts, given that Second Chance is not adequately recognised by national legislations; stresses the importance of increased networking among entrepreneurs and re-starters in order to promote Second Chance as well as the need to address difficulties in financing re-starters;

| 37. | Calls on the Union to fully exploit investment opportunities in the EU and beyond that arise from the European Neighbourhood Policy and macro-regional strategies; |
| --- | --- |

37.

Calls on the Union to fully exploit investment opportunities in the EU and beyond that arise from the European Neighbourhood Policy and macro-regional strategies;

| 38. | Calls on the Commission to include all relevant indicators for measuring macroeconomic imbalances and their effects on the EU’s regions in the scoreboard; |
| --- | --- |

38.

Calls on the Commission to include all relevant indicators for measuring macroeconomic imbalances and their effects on the EU’s regions in the scoreboard;

| 39. | Recalls that it is important to further develop partnerships targeted at environmental sectors, which are attracting increasing interest from investors, taking into account EU resources and capacity; |
| --- | --- |

39.

Recalls that it is important to further develop partnerships targeted at environmental sectors, which are attracting increasing interest from investors, taking into account EU resources and capacity;

| 40. | Welcomes the fact that in 2011 the number of companies looking to invest in the EU rose by 5 %; regrets, however, that the average number of new jobs created per investment project has remained flat; |
| --- | --- |

40.

Welcomes the fact that in 2011 the number of companies looking to invest in the EU rose by 5 %; regrets, however, that the average number of new jobs created per investment project has remained flat;

| 41. | Calls on the Commission and the Member States to apply the European eGovernment Action Plan, through which they can provide eGovernment services – including to companies – more efficiently and at a lower cost, at both local and cross-border level; |
| --- | --- |

41.

Calls on the Commission and the Member States to apply the European eGovernment Action Plan, through which they can provide eGovernment services – including to companies – more efficiently and at a lower cost, at both local and cross-border level;

| 42. | Insists on the need, in order to attract more investment, for the EU and its Member States to:






  (a) | take advantage of the EU’s historical heritage by fostering the cultural industries, sports and tourism as growing and attractive markets; |
| --- | --- | --- |

42.

Insists on the need, in order to attract more investment, for the EU and its Member States to:

(a)

take advantage of the EU’s historical heritage by fostering the cultural industries, sports and tourism as growing and attractive markets;

| (b) | foster the trans-Atlantic economy as our current main commercial, trade and foreign direct investment partner, taking greater advantage of skilled-job flows across the two continents and building on the potential for strengthening the innovation economy; |
| --- | --- |

(b)

foster the trans-Atlantic economy as our current main commercial, trade and foreign direct investment partner, taking greater advantage of skilled-job flows across the two continents and building on the potential for strengthening the innovation economy;

| 43. | Welcomes the Commission’s proposal for a programme focusing on the competitiveness of businesses and SMEs; welcomes the recent increases in venture and angel capital in many Member States but reiterates that the EU should further simplify regulations and access to finance for SMEs and other economic players by encouraging effective venture capital and angel capital systems across the EU and enhancing the role of private and public equity investments in financing long-term corporate growth; calls on the Commission to cooperate more actively with international financial institutions in creating innovative mechanisms for SME financing; |
| --- | --- |

43.

Welcomes the Commission’s proposal for a programme focusing on the competitiveness of businesses and SMEs; welcomes the recent increases in venture and angel capital in many Member States but reiterates that the EU should further simplify regulations and access to finance for SMEs and other economic players by encouraging effective venture capital and angel capital systems across the EU and enhancing the role of private and public equity investments in financing long-term corporate growth; calls on the Commission to cooperate more actively with international financial institutions in creating innovative mechanisms for SME financing;

| 44. | Emphasises the importance of promoting standards that help to develop innovation in new products and services, to complete the internal market and to attract investment in the EU, and of harmonising European standards with international standards; |
| --- | --- |

44.

Emphasises the importance of promoting standards that help to develop innovation in new products and services, to complete the internal market and to attract investment in the EU, and of harmonising European standards with international standards;

| 45. | Reiterates its earlier proposal that the Commission, in conjunction with the EIB (in view of the quality of the latter’s human resources and its experience in financing major infrastructure), engage in a process of strategic analysis of investment funding, without ruling out any possible scenario, including subsidies, the release of sums subscribed to the EIB’s capital by the Member States, EU subscriptions to the EIB’s capital, loans, innovative instruments, financial engineering tailored to long-term projects which are not immediately profitable, the development of guarantee systems, the creation of an investment section within the EU budget, financial consortia of European, national and local authorities, and public-private partnerships; |
| --- | --- |

45.

Reiterates its earlier proposal that the Commission, in conjunction with the EIB (in view of the quality of the latter’s human resources and its experience in financing major infrastructure), engage in a process of strategic analysis of investment funding, without ruling out any possible scenario, including subsidies, the release of sums subscribed to the EIB’s capital by the Member States, EU subscriptions to the EIB’s capital, loans, innovative instruments, financial engineering tailored to long-term projects which are not immediately profitable, the development of guarantee systems, the creation of an investment section within the EU budget, financial consortia of European, national and local authorities, and public-private partnerships;

| 46. | Welcomes the emblematic Europe 2020 initiatives entitled ‘An integrated industrial policy for the globalisation era’, ‘A Union of Innovation’ and ‘A resource-efficient Europe’, and notes that the Europe 2020 strategy will help to make investment in the EU more attractive, create jobs within the EU and maintain its international competitiveness; |
| --- | --- |

46.

Welcomes the emblematic Europe 2020 initiatives entitled ‘An integrated industrial policy for the globalisation era’, ‘A Union of Innovation’ and ‘A resource-efficient Europe’, and notes that the Europe 2020 strategy will help to make investment in the EU more attractive, create jobs within the EU and maintain its international competitiveness;

| 47. | Highlights that, with the current low levels of growth and high levels of unemployment, the EU’s cohesion policy makes an important contribution to the European economy as well as to European research and innovation and constitutes the largest expenditure item in the EU’s budget for investments in the real economy, strengthening economic, social and territorial cohesion by reducing regional disparities and implementing a Union strategy for smart, sustainable and inclusive growth that offers remarkable leverage for public and private investments at EU, national, regional and local levels; |
| --- | --- |

47.

Highlights that, with the current low levels of growth and high levels of unemployment, the EU’s cohesion policy makes an important contribution to the European economy as well as to European research and innovation and constitutes the largest expenditure item in the EU’s budget for investments in the real economy, strengthening economic, social and territorial cohesion by reducing regional disparities and implementing a Union strategy for smart, sustainable and inclusive growth that offers remarkable leverage for public and private investments at EU, national, regional and local levels;

| 48. | Stresses that a discriminatory approach towards large enterprises could impede innovation and reduce the competitiveness of other EU companies – SMEs in particular – by excluding them from vital global partnerships in collaborative innovation and by reducing their access to advanced technology; |
| --- | --- |

48.

Stresses that a discriminatory approach towards large enterprises could impede innovation and reduce the competitiveness of other EU companies – SMEs in particular – by excluding them from vital global partnerships in collaborative innovation and by reducing their access to advanced technology;

| 49. | Endorses the economic rationale of a local/regional place-based development policy rooted in the fundamental logic that interest in the Union’s less-developed regions is likely to increase if they are able to offer competitive comparative advantages (adequate infrastructure, skilled human resources, etc.) as well as firm sets of incentives; in this context, calls on the Commission to support the Member States and regions in their pursuit of their own investment incentives policies, especially as regards long-term investments – not least at cross-border level – with an emphasis on infrastructure projects; notes with regret that less-developed regions of the EU are increasingly losing their attractiveness, to the benefit of third countries; calls on the competent authorities to draft urgent measures aimed at maintaining current investment and attracting new investment; |
| --- | --- |

49.

Endorses the economic rationale of a local/regional place-based development policy rooted in the fundamental logic that interest in the Union’s less-developed regions is likely to increase if they are able to offer competitive comparative advantages (adequate infrastructure, skilled human resources, etc.) as well as firm sets of incentives; in this context, calls on the Commission to support the Member States and regions in their pursuit of their own investment incentives policies, especially as regards long-term investments – not least at cross-border level – with an emphasis on infrastructure projects; notes with regret that less-developed regions of the EU are increasingly losing their attractiveness, to the benefit of third countries; calls on the competent authorities to draft urgent measures aimed at maintaining current investment and attracting new investment;

| 50. | Emphasises that the EU has enormous strength in its cities and that major urban infrastructure projects and innovative business parks provide the strongest appeal to investment; urges the Member States to undertake large-scale investment in infrastructure, new technologies and R&D, including multimodal transport systems, in order to enhance the liveability and competitiveness of Europe’s cities, building on their traditional strengths while ensuring that this investment is not detrimental to real territorial cohesion and balanced rural development; |
| --- | --- |

50.

Emphasises that the EU has enormous strength in its cities and that major urban infrastructure projects and innovative business parks provide the strongest appeal to investment; urges the Member States to undertake large-scale investment in infrastructure, new technologies and R&D, including multimodal transport systems, in order to enhance the liveability and competitiveness of Europe’s cities, building on their traditional strengths while ensuring that this investment is not detrimental to real territorial cohesion and balanced rural development;

| 51. | Emphasises that it is necessary not only to disseminate and implement but also to invest in research and education at local level. This means that the available human potential – researchers and academic foundations at local level – needs to be used to the full in order to attract both domestic and direct foreign investment. In this context, it is also important to take note of the mobility of the human element: teachers, researchers and students; |
| --- | --- |

51.

Emphasises that it is necessary not only to disseminate and implement but also to invest in research and education at local level. This means that the available human potential – researchers and academic foundations at local level – needs to be used to the full in order to attract both domestic and direct foreign investment. In this context, it is also important to take note of the mobility of the human element: teachers, researchers and students;

| 52. | Believes that underdeveloped regions should continue to benefit from substantial Union funding to provide investors with other local competitive advantages in addition to reduced labour costs; |
| --- | --- |

52.

Believes that underdeveloped regions should continue to benefit from substantial Union funding to provide investors with other local competitive advantages in addition to reduced labour costs;

| 53. | Notes the need for strengthening infrastructure so as to reinforce regional cohesion and the competitiveness of the regions; emphasises, in this context, the importance of the Trans-European Networks and the use of supplementary financial instruments such as project bonds and public-private sector partnerships; |
| --- | --- |

53.

Notes the need for strengthening infrastructure so as to reinforce regional cohesion and the competitiveness of the regions; emphasises, in this context, the importance of the Trans-European Networks and the use of supplementary financial instruments such as project bonds and public-private sector partnerships;

| 54. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

54.

Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

---

(1)  OJ L 306, 23.11.2011, p. 1.

(2)  OJ L 306, 23.11.2011, p. 8.

(3)  OJ L 306, 23.11.2011, p. 12.

(4)  OJ L 306, 23.11.2011, p. 25.

(5)  OJ L 306, 23.11.2011, p. 33.

(6)  OJ L 337, 20.12.2011, p. 5.

(7)  OJ L 306, 23.11.2011, p. 41.

(8)  Texts adopted P7_TA(2011)0565.

(9)  Texts adopted, P7_TA(2012)0135.

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| 29.11.2013 | EN | Official Journal of the European Union | CE 349/38 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/38

---

Tuesday 3 July 2012Trade aspects of the Eastern partnership

P7_TA(2012)0276

European Parliament resolution of 3 July 2012 on the trade aspects of the Eastern Partnership (2011/2306(INI))

2013/C 349 E/05

The European Parliament,

| — | having regard to the ongoing negotiations on the EU-Ukraine, EU-Moldova, EU-Georgia, EU-Armenia and EU-Azerbaijan Association Agreements, which will include substantial trade elements, |
| --- | --- |

—

having regard to the ongoing negotiations on the EU-Ukraine, EU-Moldova, EU-Georgia, EU-Armenia and EU-Azerbaijan Association Agreements, which will include substantial trade elements,

| — | having regard to the Council Conclusions of 22 January 2007 which adopted the negotiating directives for the EU-Ukraine Association Agreement comprising a Deep and Comprehensive Free Trade Area, |
| --- | --- |

—

having regard to the Council Conclusions of 22 January 2007 which adopted the negotiating directives for the EU-Ukraine Association Agreement comprising a Deep and Comprehensive Free Trade Area,

| — | having regard to the Council Conclusions of 10 May 2010 which adopted the negotiating directives for the EU-Armenia and EU-Georgia Association Agreements, each comprising a Deep and Comprehensive Free Trade Area, |
| --- | --- |

—

having regard to the Council Conclusions of 10 May 2010 which adopted the negotiating directives for the EU-Armenia and EU-Georgia Association Agreements, each comprising a Deep and Comprehensive Free Trade Area,

| — | having regard to the Council Conclusions of 15 June 2009 which adopted the negotiating directives for the EU-Moldova Association Agreement and to the additional detailed negotiating directives on the Deep and Comprehensive Free Trade Area, adopted by the Council on 20 June 2011, |
| --- | --- |

—

having regard to the Council Conclusions of 15 June 2009 which adopted the negotiating directives for the EU-Moldova Association Agreement and to the additional detailed negotiating directives on the Deep and Comprehensive Free Trade Area, adopted by the Council on 20 June 2011,

| — | having regard to the Council conclusions of 10 May 2010 which adopted the negotiating directives for the EU-Azerbaijan Association Agreement, |
| --- | --- |

—

having regard to the Council conclusions of 10 May 2010 which adopted the negotiating directives for the EU-Azerbaijan Association Agreement,

| — | having regard to the Trade and Cooperation Agreement concluded by the European Community with the then Soviet Union in 1989 and subsequently endorsed by Belarus, |
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—

having regard to the Trade and Cooperation Agreement concluded by the European Community with the then Soviet Union in 1989 and subsequently endorsed by Belarus,

| — | having regard to the Joint Communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 May 2011 on A new response to a changing Neighbourhood (COM(2011)0303), |
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—

having regard to the Joint Communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 25 May 2011 on A new response to a changing Neighbourhood (COM(2011)0303),

| — | having regard to the development of the European Neighbourhood Policy (ENP) since 2004, and in particular to the Commission’s progress reports on its implementation, |
| --- | --- |

—

having regard to the development of the European Neighbourhood Policy (ENP) since 2004, and in particular to the Commission’s progress reports on its implementation,

| — | having regard to its recommendations for the negotiation of Association Agreements with Moldova, Georgia, Armenia and Azerbaijan, |
| --- | --- |

—

having regard to its recommendations for the negotiation of Association Agreements with Moldova, Georgia, Armenia and Azerbaijan,

| — | having regard to the Action Plans adopted jointly with Armenia, Azerbaijan, Georgia and Moldova and to the Association Agenda with Ukraine, |
| --- | --- |

—

having regard to the Action Plans adopted jointly with Armenia, Azerbaijan, Georgia and Moldova and to the Association Agenda with Ukraine,

| — | having regard to the Joint Declarations of the Prague Eastern Partnership Summit of 7 May 2009 and of the Warsaw Eastern Partnership Summit of 29-30 September 2011, |
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—

having regard to the Joint Declarations of the Prague Eastern Partnership Summit of 7 May 2009 and of the Warsaw Eastern Partnership Summit of 29-30 September 2011,

| — | having regard to the creation of the EURONEST Parliamentary Assembly by its Constituent Act of 3 May 2011, |
| --- | --- |

—

having regard to the creation of the EURONEST Parliamentary Assembly by its Constituent Act of 3 May 2011,

| — | having regard to Article 8 of the Treaty on European Union and Article 207 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 8 of the Treaty on European Union and Article 207 of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on International Trade (A7-0183/2012), |
| --- | --- |

—

having regard to the report of the Committee on International Trade (A7-0183/2012),

| A. | whereas the conclusion and implementation of Association Agreements including Deep and Comprehensive Free Trade Areas (DCFTAs) is a priority aim and ambition of the reviewed European Neighbourhood Policy regarding the Eastern Partners; |
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A.

whereas the conclusion and implementation of Association Agreements including Deep and Comprehensive Free Trade Areas (DCFTAs) is a priority aim and ambition of the reviewed European Neighbourhood Policy regarding the Eastern Partners;

| B. | whereas four out of the six countries of the Eastern Partnership are already members of the WTO, with the Governments of Azerbaijan and Belarus having only observer status; |
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B.

whereas four out of the six countries of the Eastern Partnership are already members of the WTO, with the Governments of Azerbaijan and Belarus having only observer status;

| C. | whereas, following the revolutionary movements which took place in 2011 in the EU Southern neighbourhood, now known as the Arab Spring, EU interest has been focused on the southern neighbours; whereas the countries belonging to the Eastern Partnership and EU trade relations with them deserve the attention of the EU; |
| --- | --- |

C.

whereas, following the revolutionary movements which took place in 2011 in the EU Southern neighbourhood, now known as the Arab Spring, EU interest has been focused on the southern neighbours; whereas the countries belonging to the Eastern Partnership and EU trade relations with them deserve the attention of the EU;

| D. | whereas China’s economic presence in the Eastern Partnership countries is continuing to grow; |
| --- | --- |

D.

whereas China’s economic presence in the Eastern Partnership countries is continuing to grow;

| E. | whereas the DCFTA negotiations with Ukraine were completed in October 2011; whereas the DCFTA will only enter into force after the conclusion of the EU-Ukraine Association Agreement, which is currently blocked due to the EU’s discontent with Ukraine’s internal political developments and the functioning of its judicial system; |
| --- | --- |

E.

whereas the DCFTA negotiations with Ukraine were completed in October 2011; whereas the DCFTA will only enter into force after the conclusion of the EU-Ukraine Association Agreement, which is currently blocked due to the EU’s discontent with Ukraine’s internal political developments and the functioning of its judicial system;

| F. | whereas the DCFTA negotiations with Georgia and Moldova were endorsed by the Council in December 2011 and the first rounds of negotiations should take place in the spring of 2012; |
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F.

whereas the DCFTA negotiations with Georgia and Moldova were endorsed by the Council in December 2011 and the first rounds of negotiations should take place in the spring of 2012;

| G. | whereas in 2011 Armenia made significant progress towards fulfilling the key recommendations, and DCFTA negotiations between the EU and Armenia were launched in February 2012 and started on 6 March 2012; |
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G.

whereas in 2011 Armenia made significant progress towards fulfilling the key recommendations, and DCFTA negotiations between the EU and Armenia were launched in February 2012 and started on 6 March 2012;

| H. | whereas the WTO accession of Azerbaijan has been under way since 1997 but progress has been limited, which is one of the key obstacles to launching DCFTA negotiations with the EU; |
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H.

whereas the WTO accession of Azerbaijan has been under way since 1997 but progress has been limited, which is one of the key obstacles to launching DCFTA negotiations with the EU;

| I. | whereas Belarus has so far participated only in a limited way in the different platforms of the Eastern Partnership; whereas this jeopardises the fulfilment of the ultimate goal of the Eastern Partnership, which is strengthened democracy, progress, stability and prosperity in the EU’s Eastern neighbourhood; notes the economic dynamics of the new economic space consisting of Russia, Kazakhstan and Belarus and encourages its members to carry out their trade activities in compliance with internationally accepted trade rules and standards, namely those stemming from the WTO; |
| --- | --- |

I.

whereas Belarus has so far participated only in a limited way in the different platforms of the Eastern Partnership; whereas this jeopardises the fulfilment of the ultimate goal of the Eastern Partnership, which is strengthened democracy, progress, stability and prosperity in the EU’s Eastern neighbourhood; notes the economic dynamics of the new economic space consisting of Russia, Kazakhstan and Belarus and encourages its members to carry out their trade activities in compliance with internationally accepted trade rules and standards, namely those stemming from the WTO;

| J. | whereas all EU Eastern Partners, being the ex-USSR states, share the same historical and institutional background and have faced similar challenges in their political and socio-economic transition over the past two decades; |
| --- | --- |

J.

whereas all EU Eastern Partners, being the ex-USSR states, share the same historical and institutional background and have faced similar challenges in their political and socio-economic transition over the past two decades;

General considerations

| 1. | Stresses that the prospect of creating DCFTAs with the EU is one of the key incentives for the partner countries to pursue their reform efforts; considers the creation of DCFTAs to be one of the most ambitious tools of EU bilateral trade policy for achieving a stable, transparent and predictable economic environment which respects democracy, fundamental rights and the rule of law, providing not only for greater economic integration by a gradual dismantling of trade barriers but also for regulatory convergence in areas that have an impact on trade in goods and services, in particular by strengthening investment protection, streamlining customs and border procedures, reducing technical and other non-tariff barriers to trade, strengthening sanitary and phytosanitary rules, improving animal welfare, enhancing the legal frameworks for competition and public procurement and ensuring sustainable development; takes the view that concluding DCFTAs is fundamental in fighting tendencies towards protectionism at global level; |
| --- | --- |

1.

Stresses that the prospect of creating DCFTAs with the EU is one of the key incentives for the partner countries to pursue their reform efforts; considers the creation of DCFTAs to be one of the most ambitious tools of EU bilateral trade policy for achieving a stable, transparent and predictable economic environment which respects democracy, fundamental rights and the rule of law, providing not only for greater economic integration by a gradual dismantling of trade barriers but also for regulatory convergence in areas that have an impact on trade in goods and services, in particular by strengthening investment protection, streamlining customs and border procedures, reducing technical and other non-tariff barriers to trade, strengthening sanitary and phytosanitary rules, improving animal welfare, enhancing the legal frameworks for competition and public procurement and ensuring sustainable development; takes the view that concluding DCFTAs is fundamental in fighting tendencies towards protectionism at global level;

| 2. | Recognises that DCFTAs provide the EU with a vital trade instrument for building up long-term economic relationships with third countries; acknowledges the impact of DCFTAs on the entire functioning of the EU’s trade partner countries that reaches far beyond purely trade issues, also influencing the state of democracy, the rule of law and other common standards; |
| --- | --- |

2.

Recognises that DCFTAs provide the EU with a vital trade instrument for building up long-term economic relationships with third countries; acknowledges the impact of DCFTAs on the entire functioning of the EU’s trade partner countries that reaches far beyond purely trade issues, also influencing the state of democracy, the rule of law and other common standards;

| 3. | Stresses that the decision-making process to assess the preparedness of potential EU partners to enter into trade negotiations should be free from political prejudgements and should, to a larger extent, depend on the real capacity of the trade partner to effectively implement DCFTA conditions; |
| --- | --- |

3.

Stresses that the decision-making process to assess the preparedness of potential EU partners to enter into trade negotiations should be free from political prejudgements and should, to a larger extent, depend on the real capacity of the trade partner to effectively implement DCFTA conditions;

| 4. | Acknowledges the fact that DCFTAs might be a core component of a wider political agreement (association agreement); stresses, however, that in cases where it is not possible or advisable to conclude an AA with a particular country other strategies shall be considered in order to efficiently pursue the Union’s economic and trade goals with the country concerned; |
| --- | --- |

4.

Acknowledges the fact that DCFTAs might be a core component of a wider political agreement (association agreement); stresses, however, that in cases where it is not possible or advisable to conclude an AA with a particular country other strategies shall be considered in order to efficiently pursue the Union’s economic and trade goals with the country concerned;

| 5. | Emphasises the importance of the Comprehensive Institution Building Programme, Technical Assistance and Information Exchange instrument (TAIEX) and twinning programmes in helping the Eastern Partners to fulfil the key recommendations as well as in enhancing their implementation capacity; |
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5.

Emphasises the importance of the Comprehensive Institution Building Programme, Technical Assistance and Information Exchange instrument (TAIEX) and twinning programmes in helping the Eastern Partners to fulfil the key recommendations as well as in enhancing their implementation capacity;

| 6. | Recognises that greater trade integration, with the profound changes in economic structures it requires, calls for significant short-term and medium-term efforts by our Eastern Partners, is convinced, however, that in the long run, the benefits of such integration will compensate for those efforts; emphasises that the support and involvement of local civil society and international NGOs in promoting the long-term benefits is key for the success of their reform processes; |
| --- | --- |

6.

Recognises that greater trade integration, with the profound changes in economic structures it requires, calls for significant short-term and medium-term efforts by our Eastern Partners, is convinced, however, that in the long run, the benefits of such integration will compensate for those efforts; emphasises that the support and involvement of local civil society and international NGOs in promoting the long-term benefits is key for the success of their reform processes;

| 7. | Is in favour of strengthening cooperation between the EU and its Eastern Partners in a number of sectors, in particular industry, SMEs, research, development and innovation, ICT and tourism; |
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7.

Is in favour of strengthening cooperation between the EU and its Eastern Partners in a number of sectors, in particular industry, SMEs, research, development and innovation, ICT and tourism;

| 8. | Considers that differentiation accompanied by application of the ‘more for more’ principle as outlined in the above-mentioned Joint Communication on A new response to a changing neighbourhood is a step in the right direction in trade relations with the Eastern Partners, acknowledging the efforts of those who make the most progress and motivating others to step up their efforts; considers that trade should be a facilitator of change and stresses the importance of conditionality clauses and their subsequent enforcement; |
| --- | --- |

8.

Considers that differentiation accompanied by application of the ‘more for more’ principle as outlined in the above-mentioned Joint Communication on A new response to a changing neighbourhood is a step in the right direction in trade relations with the Eastern Partners, acknowledging the efforts of those who make the most progress and motivating others to step up their efforts; considers that trade should be a facilitator of change and stresses the importance of conditionality clauses and their subsequent enforcement;

| 9. | Is convinced that the economic integration of the Eastern Partners with the EU cannot be efficiently carried out without political and social reforms, participation of civil society in the decision-making process and economic integration among the Eastern Partners themselves; emphasises that economic integration among these countries should be open, so as to capitalise on its benefits; regrets in this regard that regional frozen conflicts have for many years harmed the effectiveness and development of cross-border trade and continue to cause enormous economic losses to some of the Eastern Partners and to lead to their economic isolation; |
| --- | --- |

9.

Is convinced that the economic integration of the Eastern Partners with the EU cannot be efficiently carried out without political and social reforms, participation of civil society in the decision-making process and economic integration among the Eastern Partners themselves; emphasises that economic integration among these countries should be open, so as to capitalise on its benefits; regrets in this regard that regional frozen conflicts have for many years harmed the effectiveness and development of cross-border trade and continue to cause enormous economic losses to some of the Eastern Partners and to lead to their economic isolation;

| 10. | Considers it important that the EU offer to all DCFTA partners the flexibilities which they are entitled to under WTO rules; |
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10.

Considers it important that the EU offer to all DCFTA partners the flexibilities which they are entitled to under WTO rules;

| 11. | Highlights the importance of conflict prevention through economic and social cohesion; |
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11.

Highlights the importance of conflict prevention through economic and social cohesion;

| 12. | Calls on the Commission to grant, in particular, flexibilities which promote the build-up of infant industries in the DCFTA partner countries; |
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12.

Calls on the Commission to grant, in particular, flexibilities which promote the build-up of infant industries in the DCFTA partner countries;

| 13. | Welcomes the Commission proposal on the Multiannual Financial Framework 2014-2020, which proposes a 40 % rise in funding for the European Neighbourhood Policy; emphasises its view that the Eastern Partners cannot carry alone the burden of costs of legal approximation and the necessary institutional and structural reforms, and that EU financial support, which should complement their own reform efforts, is also instrumental for the success; calls in this regard on the Council to maintain the funding proposed by the Commission; |
| --- | --- |

13.

Welcomes the Commission proposal on the Multiannual Financial Framework 2014-2020, which proposes a 40 % rise in funding for the European Neighbourhood Policy; emphasises its view that the Eastern Partners cannot carry alone the burden of costs of legal approximation and the necessary institutional and structural reforms, and that EU financial support, which should complement their own reform efforts, is also instrumental for the success; calls in this regard on the Council to maintain the funding proposed by the Commission;

| 14. | Stresses the role of the national parliaments of the EU’s Eastern Partners in approximation of trade legislation with the EU acquis, which is a prerequisite for conclusion and proper implementation of the future DCFTAs; calls in this regard on the EU and its Member States to provide them with greater technical assistance and invites especially the new EU Member States to share with them the expertise and best practices they have acquired in their own process of alignment of national legislation with the trade-related acquis communautaire; |
| --- | --- |

14.

Stresses the role of the national parliaments of the EU’s Eastern Partners in approximation of trade legislation with the EU acquis, which is a prerequisite for conclusion and proper implementation of the future DCFTAs; calls in this regard on the EU and its Member States to provide them with greater technical assistance and invites especially the new EU Member States to share with them the expertise and best practices they have acquired in their own process of alignment of national legislation with the trade-related acquis communautaire;

| 15. | Welcomes the accession of Ukraine and Moldova to the Treaty establishing the Energy Community, in view of its potentially vital role in terms of ensuring the achievement of the EU’s energy security objectives and contributing to security for those countries; |
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15.

Welcomes the accession of Ukraine and Moldova to the Treaty establishing the Energy Community, in view of its potentially vital role in terms of ensuring the achievement of the EU’s energy security objectives and contributing to security for those countries;

| 16. | Welcomes all efforts towards strengthening of the Eastern Partnership, especially the Commission’s flagship initiatives on SMEs, including the EaP SME facility, and on regional energy markets and energy efficiency; |
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16.

Welcomes all efforts towards strengthening of the Eastern Partnership, especially the Commission’s flagship initiatives on SMEs, including the EaP SME facility, and on regional energy markets and energy efficiency;

| 17. | Calls on the Commission to further develop the EU Black Sea Strategy, as it represents an important component of the EU’s external energy strategy, given its geostrategic role, which offers a significant potential for energy security and supply diversification; |
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17.

Calls on the Commission to further develop the EU Black Sea Strategy, as it represents an important component of the EU’s external energy strategy, given its geostrategic role, which offers a significant potential for energy security and supply diversification;

| 18. | Recognises the importance of the EURONEST Parliamentary Assembly (PA), particularly its Committee on Economic Integration, Legal Approximation and Convergence with EU policies and its Committee on Energy Security, in discussions on trade issues between Members of the European Parliament and national parliamentarians of the EU’s Eastern Partners; expresses its hope that the conditions for the members of the Belarusian Parliament to join the EURONEST PA will be met in the foreseeable future; |
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18.

Recognises the importance of the EURONEST Parliamentary Assembly (PA), particularly its Committee on Economic Integration, Legal Approximation and Convergence with EU policies and its Committee on Energy Security, in discussions on trade issues between Members of the European Parliament and national parliamentarians of the EU’s Eastern Partners; expresses its hope that the conditions for the members of the Belarusian Parliament to join the EURONEST PA will be met in the foreseeable future;

| 19. | Stresses that a DCFTA is not assistance given to the Eastern Partners, but is a trade deal bringing about reciprocal advantages and obligations for both parties; regrets that the ENP review still does not elaborate on how developing such a trade policy could present a boost for EU economic interests by bringing substantial benefits to EU consumers, companies and workers; stresses that DCFTAs would not only bring economic benefits for the Eastern Partners but can also accelerate institutional reforms, modernisation and development; |
| --- | --- |

19.

Stresses that a DCFTA is not assistance given to the Eastern Partners, but is a trade deal bringing about reciprocal advantages and obligations for both parties; regrets that the ENP review still does not elaborate on how developing such a trade policy could present a boost for EU economic interests by bringing substantial benefits to EU consumers, companies and workers; stresses that DCFTAs would not only bring economic benefits for the Eastern Partners but can also accelerate institutional reforms, modernisation and development;

| 20. | Takes note of the creation on 18 October 2011 of a free-trade zone among the majority of members of the Commonwealth of Independent States, which include the EU Eastern Partners with the exception of Georgia and, for the time being, Azerbaijan; believes that the conclusion of FTAs with other countries should not harm the DCFTAs that the Eastern Partnership countries conclude with the EU, emphasises in this regard that it is important for the EU to provide the Eastern Partners with an attractive and viable alternative; |
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20.

Takes note of the creation on 18 October 2011 of a free-trade zone among the majority of members of the Commonwealth of Independent States, which include the EU Eastern Partners with the exception of Georgia and, for the time being, Azerbaijan; believes that the conclusion of FTAs with other countries should not harm the DCFTAs that the Eastern Partnership countries conclude with the EU, emphasises in this regard that it is important for the EU to provide the Eastern Partners with an attractive and viable alternative;

| 21. | Insists that the EU’s strategy towards Russia should take due account of the Russian influence on the Eastern Partners; notes that Russia has concluded a customs union with Kazakhstan and with one Eastern Partner, Belarus; regrets that Russia may have undermined the trade negotiations between the EU and several Eastern Partners, in particular Ukraine, by offering them an alternative path, based on short-term solutions, such as lower gas prices; reckons that these alternatives will prove counterproductive in the long run for the Eastern Partners; |
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21.

Insists that the EU’s strategy towards Russia should take due account of the Russian influence on the Eastern Partners; notes that Russia has concluded a customs union with Kazakhstan and with one Eastern Partner, Belarus; regrets that Russia may have undermined the trade negotiations between the EU and several Eastern Partners, in particular Ukraine, by offering them an alternative path, based on short-term solutions, such as lower gas prices; reckons that these alternatives will prove counterproductive in the long run for the Eastern Partners;

| 22. | Insists that the success of DCFTAs will to a great extent depend on institution building and proper implementation of commitments, which can only be assured in an open, transparent and corruption-free business environment, which is a prerequisite for the successful implementation of DCFTAs; |
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22.

Insists that the success of DCFTAs will to a great extent depend on institution building and proper implementation of commitments, which can only be assured in an open, transparent and corruption-free business environment, which is a prerequisite for the successful implementation of DCFTAs;

| 23. | Notes that prosperity and stability in the EU’s Eastern neighbourhood are in the EU’s utmost interest and moreover that stable and predictable relations between the EU and its Eastern Partners will undoubtedly raise trade volumes in both directions; |
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23.

Notes that prosperity and stability in the EU’s Eastern neighbourhood are in the EU’s utmost interest and moreover that stable and predictable relations between the EU and its Eastern Partners will undoubtedly raise trade volumes in both directions;

| 24. | Notes at the same time that the EU is the main export partner of most of the Eastern Partnership countries; |
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24.

Notes at the same time that the EU is the main export partner of most of the Eastern Partnership countries;

| 25. | Points out that, despite making sufficient progress in fulfilling the key recommendations, as conditions for allowing the launch of the DCFTA negotiations, Georgia and Moldova still need to ensure that their commitment to the reform process is of a long-term nature and that they engage in a durable reform process throughout the negotiations; emphasises that both countries still need to make significant progress in regulatory reform concerning in particular technical barriers to trade, sanitary and phytosanitary measures, intellectual property rights and competition law; |
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25.

Points out that, despite making sufficient progress in fulfilling the key recommendations, as conditions for allowing the launch of the DCFTA negotiations, Georgia and Moldova still need to ensure that their commitment to the reform process is of a long-term nature and that they engage in a durable reform process throughout the negotiations; emphasises that both countries still need to make significant progress in regulatory reform concerning in particular technical barriers to trade, sanitary and phytosanitary measures, intellectual property rights and competition law;

| 26. | Expresses concern over the institutional capacity of the Eastern Partners concerned with regard to the actual implementation of a DCFTA; stresses that the conclusion of a DCFTA does not in itself guarantee success unless it is effectively implemented and accompanied by effective measures on competition and against corruption; |
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26.

Expresses concern over the institutional capacity of the Eastern Partners concerned with regard to the actual implementation of a DCFTA; stresses that the conclusion of a DCFTA does not in itself guarantee success unless it is effectively implemented and accompanied by effective measures on competition and against corruption;

| 27. | Notes that internationally approved labour standards must be adhered to when concluding DCFTAs; notes that observance of fundamental labour rights approved by the International Labour Organisation is a key element of respect for human rights; |
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27.

Notes that internationally approved labour standards must be adhered to when concluding DCFTAs; notes that observance of fundamental labour rights approved by the International Labour Organisation is a key element of respect for human rights;

| 28. | Calls for an ambitious approach to integrating the economies of the EU and of the Eastern Partnership countries through DCFTAs by including other aspects related to free and fair trade; recommends that all DCFTAs include a binding sustainable development chapter, with provisions on environmental protection and international labour rights; |
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28.

Calls for an ambitious approach to integrating the economies of the EU and of the Eastern Partnership countries through DCFTAs by including other aspects related to free and fair trade; recommends that all DCFTAs include a binding sustainable development chapter, with provisions on environmental protection and international labour rights;

Armenia

| 29. | Applauds the Armenian Government for stepping up its efforts to fulfil the key recommendations in 2011, which led to the launch of the DCFTA negotiations in February 2012; |
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29.

Applauds the Armenian Government for stepping up its efforts to fulfil the key recommendations in 2011, which led to the launch of the DCFTA negotiations in February 2012;

| 30. | Welcomes the launch of DCFTA negotiations between Armenia and the EU in February 2012 and their start on 6 March 2012; encourages Armenia to use the DCFTA potential to boost its economy, export opportunities and access to the EU market, to speed up necessary reforms and generally upgrade Armenia’s standards to a European level; stresses that closer economic integration with the EU must contribute to the strengthening of political stability and security in the region; hopes for a swift conclusion of the EU/Armenia DCFTA negotiations; |
| --- | --- |

30.

Welcomes the launch of DCFTA negotiations between Armenia and the EU in February 2012 and their start on 6 March 2012; encourages Armenia to use the DCFTA potential to boost its economy, export opportunities and access to the EU market, to speed up necessary reforms and generally upgrade Armenia’s standards to a European level; stresses that closer economic integration with the EU must contribute to the strengthening of political stability and security in the region; hopes for a swift conclusion of the EU/Armenia DCFTA negotiations;

| 31. | Welcomes the launch of the DCFTA negotiations, which will provide opportunities to strengthen economic relations between the two sides; considers it necessary to sustain reforms to create a stable and transparent economic environment which will attract foreign investments, boost growth and create jobs; |
| --- | --- |

31.

Welcomes the launch of the DCFTA negotiations, which will provide opportunities to strengthen economic relations between the two sides; considers it necessary to sustain reforms to create a stable and transparent economic environment which will attract foreign investments, boost growth and create jobs;

| 32. | Believes that the conclusion of a DCFTA will stimulate Armenia’s economy by, among other things, boosting competition; |
| --- | --- |

32.

Believes that the conclusion of a DCFTA will stimulate Armenia’s economy by, among other things, boosting competition;

| 33. | Regrets that the Nagorno-Karabakh conflict still resonates in the closed borders of Armenia with Azerbaijan and Turkey, keeping the country economically isolated due to the lack of access routes; stresses that opening of the borders is, inter alia, an important condition for attracting foreign investment; |
| --- | --- |

33.

Regrets that the Nagorno-Karabakh conflict still resonates in the closed borders of Armenia with Azerbaijan and Turkey, keeping the country economically isolated due to the lack of access routes; stresses that opening of the borders is, inter alia, an important condition for attracting foreign investment;

| 34. | Is concerned about the indications of the ongoing close links between political and business circles and significant impediments for businesses, including the untransparent tax system and low investment protection; recognises the need for a strong institutional framework for public procurement and competition policy in order to include an effective enforcement mechanism; |
| --- | --- |

34.

Is concerned about the indications of the ongoing close links between political and business circles and significant impediments for businesses, including the untransparent tax system and low investment protection; recognises the need for a strong institutional framework for public procurement and competition policy in order to include an effective enforcement mechanism;

| 35. | Welcomes Armenia’s decision to rejoin the WTO Plurilateral Agreements on Public Procurement in December 2011; is convinced that this step is beneficial for Armenia’s image as a reliable trading partner; |
| --- | --- |

35.

Welcomes Armenia’s decision to rejoin the WTO Plurilateral Agreements on Public Procurement in December 2011; is convinced that this step is beneficial for Armenia’s image as a reliable trading partner;

| 36. | Stresses that the DCFTA should include a deep commitment on the part of Armenia to reform its regulations in the direction of EU standards, accompanied by effective anticorruption measures; |
| --- | --- |

36.

Stresses that the DCFTA should include a deep commitment on the part of Armenia to reform its regulations in the direction of EU standards, accompanied by effective anticorruption measures;

| 37. | Recommends also that the DCFTA should include measures aimed at strengthening the implementation of competition law, thus enabling foreign investors and companies to participate, in particular, in Armenia’s construction and energy industries; |
| --- | --- |

37.

Recommends also that the DCFTA should include measures aimed at strengthening the implementation of competition law, thus enabling foreign investors and companies to participate, in particular, in Armenia’s construction and energy industries;

| 38. | Urges Armenia to accelerate the process of complying with EU sanitary and phytosanitary measures, which would enable diversification of Armenia’s exports to include agricultural products; |
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38.

Urges Armenia to accelerate the process of complying with EU sanitary and phytosanitary measures, which would enable diversification of Armenia’s exports to include agricultural products;

| 39. | Believes that the weakening of Armenia’s dependence on Russian commercial and governmental support as a result of Armenia opening its borders and strengthening international cooperation promotes its economic growth; believes that the conclusion of a DCFTA with the EU would be particularly beneficial in this regard; |
| --- | --- |

39.

Believes that the weakening of Armenia’s dependence on Russian commercial and governmental support as a result of Armenia opening its borders and strengthening international cooperation promotes its economic growth; believes that the conclusion of a DCFTA with the EU would be particularly beneficial in this regard;

Azerbaijan

| 40. | Acknowledges the efforts and achievements of Azerbaijan towards approximation with the EU acquis; welcomes in this regard the recent adoption of the new Customs Code and Construction Code; |
| --- | --- |

40.

Acknowledges the efforts and achievements of Azerbaijan towards approximation with the EU acquis; welcomes in this regard the recent adoption of the new Customs Code and Construction Code;

| 41. | Emphasises that the accession of Azerbaijan to the WTO is the key prerequisite for opening the DCFTA negotiations and thus bringing EU-Azerbaijan trade relations to a higher level; notes that the structure of the Azerbaijani economy does not give its government a strong motivation to seek WTO membership and a DCFTA with the EU; stresses however that the benefits of a DCFTA are not purely economic but that it could also develop the local economy beyond its overreliance on energy exports; urges the Azerbaijani Government therefore to step up its efforts towards WTO membership; in this regard calls on the EU to provide Azerbaijan with the necessary assistance; |
| --- | --- |

41.

Emphasises that the accession of Azerbaijan to the WTO is the key prerequisite for opening the DCFTA negotiations and thus bringing EU-Azerbaijan trade relations to a higher level; notes that the structure of the Azerbaijani economy does not give its government a strong motivation to seek WTO membership and a DCFTA with the EU; stresses however that the benefits of a DCFTA are not purely economic but that it could also develop the local economy beyond its overreliance on energy exports; urges the Azerbaijani Government therefore to step up its efforts towards WTO membership; in this regard calls on the EU to provide Azerbaijan with the necessary assistance;

| 42. | Commends the remarkable economic growth experienced by Azerbaijan in past years; points out, however, that the oil sector provides 5 0 % of Azerbaijan’s GDP, 95 % of its exports and 60 % of its budget revenues, which makes the Azerbaijani economy vulnerable to oil price volatility and all changes in global demand; calls in this regard on the Azerbaijani Government to consider adopting effective and consistent measures to diversify the country’s economy; |
| --- | --- |

42.

Commends the remarkable economic growth experienced by Azerbaijan in past years; points out, however, that the oil sector provides 5 0 % of Azerbaijan’s GDP, 95 % of its exports and 60 % of its budget revenues, which makes the Azerbaijani economy vulnerable to oil price volatility and all changes in global demand; calls in this regard on the Azerbaijani Government to consider adopting effective and consistent measures to diversify the country’s economy;

| 43. | Recalls Azerbaijan’s potential for development of competitive agricultural production, and recommends that the Azerbaijani Government take into account this area as a potentially important step towards the diversification of its economy and its exports to the EU, subject to compliance with EU sanitary and phytosanitary requirements, and to other countries; |
| --- | --- |

43.

Recalls Azerbaijan’s potential for development of competitive agricultural production, and recommends that the Azerbaijani Government take into account this area as a potentially important step towards the diversification of its economy and its exports to the EU, subject to compliance with EU sanitary and phytosanitary requirements, and to other countries;

| 44. | Calls on the Azerbaijani Government to genuinely engage in fighting corruption and social inequalities that can lead to social unrest, improve access to financing for businesses, thereby making the country’s economy more competitive and attractive for foreign investment; |
| --- | --- |

44.

Calls on the Azerbaijani Government to genuinely engage in fighting corruption and social inequalities that can lead to social unrest, improve access to financing for businesses, thereby making the country’s economy more competitive and attractive for foreign investment;

| 45. | Strongly supports the upgrading of the trade component of the future EU-Azerbaijan Association Agreement to a DCFTA once all the conditions are met; |
| --- | --- |

45.

Strongly supports the upgrading of the trade component of the future EU-Azerbaijan Association Agreement to a DCFTA once all the conditions are met;

Belarus

| 46. | Regrets that Belarus, despite its unquestionable potential, is drifting further and further from the EU in terms of its overall political and economic standards, as well as its economic model; |
| --- | --- |

46.

Regrets that Belarus, despite its unquestionable potential, is drifting further and further from the EU in terms of its overall political and economic standards, as well as its economic model;

| 47. | Stresses the importance of Belarus’s strategic position as a country of transit for energy, particularly supplies of natural gas for the EU; calls on Belarus, therefore, to promptly ratify and duly implement the Energy Charter; |
| --- | --- |

47.

Stresses the importance of Belarus’s strategic position as a country of transit for energy, particularly supplies of natural gas for the EU; calls on Belarus, therefore, to promptly ratify and duly implement the Energy Charter;

| 48. | Recalls that the EU is Belarus’s second biggest trading partner after Russia; |
| --- | --- |

48.

Recalls that the EU is Belarus’s second biggest trading partner after Russia;

| 49. | Stresses the need for more EU assistance in order to improve the performance of administrative structures, in particular the need to fight corruption; |
| --- | --- |

49.

Stresses the need for more EU assistance in order to improve the performance of administrative structures, in particular the need to fight corruption;

| 50. | Points out the difficulties in assessing the real economic situation in Belarus, due to the official statistics which, according to independent observers, conceal the reality in which reportedly 20 % of Belarusians live below the breadline; |
| --- | --- |

50.

Points out the difficulties in assessing the real economic situation in Belarus, due to the official statistics which, according to independent observers, conceal the reality in which reportedly 20 % of Belarusians live below the breadline;

| 51. | Notes that 80 % of companies are publicly owned and the development of the private sector is hampered by discriminatory and arbitrary measures, changes to legislation and heavy taxation, which forces the private sector to operate partly in the unofficial economy; |
| --- | --- |

51.

Notes that 80 % of companies are publicly owned and the development of the private sector is hampered by discriminatory and arbitrary measures, changes to legislation and heavy taxation, which forces the private sector to operate partly in the unofficial economy;

| 52. | Recalls that, due to the negative political and economic climate in Belarus, the International Monetary Fund and the World Bank froze their credits to Belarus in 1996 and the EU did the same in 1997; points out that all this dissuaded and continues to dissuade foreign investors, with foreign direct investment which now accounts for only 1 % of the country’s GDP; |
| --- | --- |

52.

Recalls that, due to the negative political and economic climate in Belarus, the International Monetary Fund and the World Bank froze their credits to Belarus in 1996 and the EU did the same in 1997; points out that all this dissuaded and continues to dissuade foreign investors, with foreign direct investment which now accounts for only 1 % of the country’s GDP;

| 53. | Believes that the EU should help to strengthen Belarusian civil society by reorienting EU funds in this direction; |
| --- | --- |

53.

Believes that the EU should help to strengthen Belarusian civil society by reorienting EU funds in this direction;

| 54. | Is convinced that deep institutional and structural reforms need to be carried out in order to start building a functioning, transparent and open market economy; |
| --- | --- |

54.

Is convinced that deep institutional and structural reforms need to be carried out in order to start building a functioning, transparent and open market economy;

| 55. | Points out that the country’s WTO accession is a condition for starting negotiations on any kind of free trade agreement with the EU; in this regard, calls on Belarus to genuinely engage in the WTO accession process; points out that Belarus, being a member of the Customs Union with Russia and Kazakhstan, could draw from Russia’s experience with the WTO accession process; |
| --- | --- |

55.

Points out that the country’s WTO accession is a condition for starting negotiations on any kind of free trade agreement with the EU; in this regard, calls on Belarus to genuinely engage in the WTO accession process; points out that Belarus, being a member of the Customs Union with Russia and Kazakhstan, could draw from Russia’s experience with the WTO accession process;

| 56. | Is convinced that the EU should make every effort to engage Belarus in real political and economic dialogue and provide incentives for reforms which are indispensable and of extreme importance for Belarusian citizens; notes, in this regard, the current EU targeted restrictive economic measures against Belarus; takes the view that the EU should continue its targeted individual restrictive measures while continuing to support civil society and entrepreneurs with the aim not only of improving economic conditions but also of enhancing the rule of law, transparency and the fight against corruption; |
| --- | --- |

56.

Is convinced that the EU should make every effort to engage Belarus in real political and economic dialogue and provide incentives for reforms which are indispensable and of extreme importance for Belarusian citizens; notes, in this regard, the current EU targeted restrictive economic measures against Belarus; takes the view that the EU should continue its targeted individual restrictive measures while continuing to support civil society and entrepreneurs with the aim not only of improving economic conditions but also of enhancing the rule of law, transparency and the fight against corruption;

Georgia

| 57. | Points out that, according to the evaluation of the World Bank, Georgia is one of the world’s fastest reforming economies and that it is ranked by the World Bank as the world’s 16th best place to do business; |
| --- | --- |

57.

Points out that, according to the evaluation of the World Bank, Georgia is one of the world’s fastest reforming economies and that it is ranked by the World Bank as the world’s 16th best place to do business;

| 58. | Acknowledges Georgia’s reconstruction work following the war of 2008 and its opening of new markets; |
| --- | --- |

58.

Acknowledges Georgia’s reconstruction work following the war of 2008 and its opening of new markets;

| 59. | Recognises that the Georgian Government is trying to enhance the protection of intellectual property rights, points out however that Georgia still has the highest alleged prevalence of pirated software of any country; calls in this regard on the Georgian Government to develop laws for the enforcement of intellectual property rights, taking due account, however, of human rights and proportionality; |
| --- | --- |

59.

Recognises that the Georgian Government is trying to enhance the protection of intellectual property rights, points out however that Georgia still has the highest alleged prevalence of pirated software of any country; calls in this regard on the Georgian Government to develop laws for the enforcement of intellectual property rights, taking due account, however, of human rights and proportionality;

| 60. | Takes into consideration that Georgia has demonstrated notable economic growth and investment rates and emphasises that the DCFTA would be an additional factor for supporting broad-based growth and attracting foreign investments; |
| --- | --- |

60.

Takes into consideration that Georgia has demonstrated notable economic growth and investment rates and emphasises that the DCFTA would be an additional factor for supporting broad-based growth and attracting foreign investments;

| 61. | Encourages Georgia to perfect its legislation, improve the efficiency of its institutions and ensure high quality-control standards for its products in order to comply with the requirements set out by the European Commission; |
| --- | --- |

61.

Encourages Georgia to perfect its legislation, improve the efficiency of its institutions and ensure high quality-control standards for its products in order to comply with the requirements set out by the European Commission;

| 62. | Welcomes Georgia’s new procurement system, enabling e-auctions for all types of contracts, irrespective of their size or nature; points out that Georgia should also serve as an example for the EU Member States in this area; |
| --- | --- |

62.

Welcomes Georgia’s new procurement system, enabling e-auctions for all types of contracts, irrespective of their size or nature; points out that Georgia should also serve as an example for the EU Member States in this area;

| 63. | Calls on Georgia to ensure that, after the conclusion of the DCFTA negotiations, only products originating from regions formally recognising their adhesion to the Georgian state are eligible for trade preferences; |
| --- | --- |

63.

Calls on Georgia to ensure that, after the conclusion of the DCFTA negotiations, only products originating from regions formally recognising their adhesion to the Georgian state are eligible for trade preferences;

Moldova

| 64. | Recognises with satisfaction that Moldova, despite the fragility of its economy, has in recent years undergone a remarkable reform process and greatly improved its economic performance; highlights in this regard the vital importance of the financial assistance provided by the International Monetary Fund and the macrofinancial assistance provided by the EU; |
| --- | --- |

64.

Recognises with satisfaction that Moldova, despite the fragility of its economy, has in recent years undergone a remarkable reform process and greatly improved its economic performance; highlights in this regard the vital importance of the financial assistance provided by the International Monetary Fund and the macrofinancial assistance provided by the EU;

| 65. | Is of the opinion that the future DCFTA should apply to the whole territory of Moldova that formally acknowledges its adhesion to the Molovan state; |
| --- | --- |

65.

Is of the opinion that the future DCFTA should apply to the whole territory of Moldova that formally acknowledges its adhesion to the Molovan state;

| 66. | Notes that, for the time being, most Moldovan exports originate from agriculture and thus face fierce competition and strict requirements in the EU market; takes the view that a DCFTA should help diversify Moldovan exports and make the country more competitive and would enable Moldova to attract foreign investments in order to end its dependence on remittances and make the transition to an export-competitive market economy; |
| --- | --- |

66.

Notes that, for the time being, most Moldovan exports originate from agriculture and thus face fierce competition and strict requirements in the EU market; takes the view that a DCFTA should help diversify Moldovan exports and make the country more competitive and would enable Moldova to attract foreign investments in order to end its dependence on remittances and make the transition to an export-competitive market economy;

| 67. | Stresses the importance of continuing Moldova’s alignment to the EU of its infrastructure and systems for technical regulation, standardisation, conformity assessment, testing, market surveillance and metrology; |
| --- | --- |

67.

Stresses the importance of continuing Moldova’s alignment to the EU of its infrastructure and systems for technical regulation, standardisation, conformity assessment, testing, market surveillance and metrology;

| 68. | Points out that considerable progress is still needed in the area of services and investment protection; |
| --- | --- |

68.

Points out that considerable progress is still needed in the area of services and investment protection;

| 69. | Calls on the EU authorities to be more involved in finding a peaceful solution for the problems of territorial reintegration of Moldova; |
| --- | --- |

69.

Calls on the EU authorities to be more involved in finding a peaceful solution for the problems of territorial reintegration of Moldova;

Ukraine

| 70. | Welcomes the conclusion of the DCFTA between the EU and Ukraine, as the first ever free trade agreement between the EU and an Eastern Partner; considers that this ground-breaking agreement and the experience gained during its negotiation will undoubtedly serve as a useful example in future DCFTA negotiations; |
| --- | --- |

70.

Welcomes the conclusion of the DCFTA between the EU and Ukraine, as the first ever free trade agreement between the EU and an Eastern Partner; considers that this ground-breaking agreement and the experience gained during its negotiation will undoubtedly serve as a useful example in future DCFTA negotiations;

| 71. | Points out that Ukraine is the EU’s largest Eastern Partner and that the DCFTA opens a new market of 46 million consumers for the EU; considers that for the EU the biggest benefits from implementing the DCFTA will come from a more stable and predictable trade and investment regime in Ukraine; |
| --- | --- |

71.

Points out that Ukraine is the EU’s largest Eastern Partner and that the DCFTA opens a new market of 46 million consumers for the EU; considers that for the EU the biggest benefits from implementing the DCFTA will come from a more stable and predictable trade and investment regime in Ukraine;

| 72. | Welcomes the Ukrainian authorities’ efforts to focus on overcoming social and geographic inequalities, in particular between the capital and the regions; |
| --- | --- |

72.

Welcomes the Ukrainian authorities’ efforts to focus on overcoming social and geographic inequalities, in particular between the capital and the regions;

| 73. | Regrets the delays in signing the Association Agreement, which is the condition for entry into force of the DCTFA; expresses the hope that the obstacles to the signature will soon be overcome; |
| --- | --- |

73.

Regrets the delays in signing the Association Agreement, which is the condition for entry into force of the DCTFA; expresses the hope that the obstacles to the signature will soon be overcome;

| 74. | Takes note of the fact that the Commission excluded the possibility of provisional application of the DCFTA before the conclusion of the Association Agreement and its consent by the European Parliament; points out that the application of both the Association Agreement and the DCFTA will bring about structural and political reforms and therefore wishes a swift implementation of both; |
| --- | --- |

74.

Takes note of the fact that the Commission excluded the possibility of provisional application of the DCFTA before the conclusion of the Association Agreement and its consent by the European Parliament; points out that the application of both the Association Agreement and the DCFTA will bring about structural and political reforms and therefore wishes a swift implementation of both;

| 75. | Recognises that, regarding integration into European structures, Ukraine has made some advances and has started to adapt its legal system to the EU and to international standards and has also made great progress in the adoption of OECD standards and norms; notes nevertheless that the business climate in Ukraine is still ranked 152nd by the World Bank’s Doing Business, with a worsening of cross-border trading problems; |
| --- | --- |

75.

Recognises that, regarding integration into European structures, Ukraine has made some advances and has started to adapt its legal system to the EU and to international standards and has also made great progress in the adoption of OECD standards and norms; notes nevertheless that the business climate in Ukraine is still ranked 152nd by the World Bank’s Doing Business, with a worsening of cross-border trading problems;

| 76. | Emphasises that successful implementation of the DCFTA will very much depend on the political will and administrative capacity to implement all its provisions in a timely and accurate manner; considers that this is a serious challenge for Ukraine, which has a mixed record on reforming its economy and state and which is still struggling to fulfil all its commitment under the WTO accession process, as well as commitments vis-à-vis the World Bank and the International Monetary Fund; |
| --- | --- |

76.

Emphasises that successful implementation of the DCFTA will very much depend on the political will and administrative capacity to implement all its provisions in a timely and accurate manner; considers that this is a serious challenge for Ukraine, which has a mixed record on reforming its economy and state and which is still struggling to fulfil all its commitment under the WTO accession process, as well as commitments vis-à-vis the World Bank and the International Monetary Fund;

| 77. | Reiterates that fundamental economic, political and institutional reforms, including a broad and permanent participation of civil society organisations and networks, must be accelerated and conducted in a more comprehensive and consistent way, in order to ensure proper implementation of the DCFTA and the gains coming from it; calls, in particular, for continuation of economic reforms in the areas of agriculture, energy and transport sectors; |
| --- | --- |

77.

Reiterates that fundamental economic, political and institutional reforms, including a broad and permanent participation of civil society organisations and networks, must be accelerated and conducted in a more comprehensive and consistent way, in order to ensure proper implementation of the DCFTA and the gains coming from it; calls, in particular, for continuation of economic reforms in the areas of agriculture, energy and transport sectors;

| 78. | Is concerned about the negative indications regarding Ukraine’s business and investment climate resulting from various institutional and systemic deficiencies such as barriers to market entry, administrative permits, the excessive number of administrative inspections, untransparent tax and customs systems and poor administration, the unstable and untransparent legal system and its poor functioning, weak and corrupt public administration and judiciary, weak contract enforcement and insufficient property rights protection, underdevelopment and monopolisation of infrastructure; urges the Ukrainian Government to accelerate the reform process in order to eliminate the above obstacles to free and fair business and trade; |
| --- | --- |

78.

Is concerned about the negative indications regarding Ukraine’s business and investment climate resulting from various institutional and systemic deficiencies such as barriers to market entry, administrative permits, the excessive number of administrative inspections, untransparent tax and customs systems and poor administration, the unstable and untransparent legal system and its poor functioning, weak and corrupt public administration and judiciary, weak contract enforcement and insufficient property rights protection, underdevelopment and monopolisation of infrastructure; urges the Ukrainian Government to accelerate the reform process in order to eliminate the above obstacles to free and fair business and trade;

| 79. | Calls on the Ukrainian Government to address the concerns of the business sector more effectively, in particular with regard to access to credit and land, mortgages, preferential credits for developing small agricultural enterprises; a simplified and more transparent tax collection system, refunding value-added tax to exporters, customs clearance and approval procedures for imports, promotion of the SME sector, improvement of law enforcement in the area of protection of material assets and intellectual property; as all these factors have an immediate and direct impact on the quantity and quality of trade relations with the EU and its foreign direct investment inflow in Ukraine; |
| --- | --- |

79.

Calls on the Ukrainian Government to address the concerns of the business sector more effectively, in particular with regard to access to credit and land, mortgages, preferential credits for developing small agricultural enterprises; a simplified and more transparent tax collection system, refunding value-added tax to exporters, customs clearance and approval procedures for imports, promotion of the SME sector, improvement of law enforcement in the area of protection of material assets and intellectual property; as all these factors have an immediate and direct impact on the quantity and quality of trade relations with the EU and its foreign direct investment inflow in Ukraine;

| 80. | Calls on Ukraine to adapt its internal legislation in order to facilitate free and uninterrupted transit of gas to the EU Member States; notes that this process should include a restructuring of the gas sector and the establishment of fair regulation of energy infrastructure with a view to placing foreign suppliers, foreign customers and local energy demand on an equal footing; calls for enhanced cooperation between the EU and Ukraine in the energy sector, for integration of the Ukrainian energy sector into the European energy sphere and for the initiation of joint modernisation and development projects in the energy infrastructure sphere; calls on the government to implement the third energy package; |
| --- | --- |

80.

Calls on Ukraine to adapt its internal legislation in order to facilitate free and uninterrupted transit of gas to the EU Member States; notes that this process should include a restructuring of the gas sector and the establishment of fair regulation of energy infrastructure with a view to placing foreign suppliers, foreign customers and local energy demand on an equal footing; calls for enhanced cooperation between the EU and Ukraine in the energy sector, for integration of the Ukrainian energy sector into the European energy sphere and for the initiation of joint modernisation and development projects in the energy infrastructure sphere; calls on the government to implement the third energy package;

| 81. | Expresses its hope that Ukraine will find enough political will and courage to create political and regulatory conditions for full and timely implementation of the DCFTA, which would be of great benefit to its population; |
| --- | --- |

81.

Expresses its hope that Ukraine will find enough political will and courage to create political and regulatory conditions for full and timely implementation of the DCFTA, which would be of great benefit to its population;

| 82. | Calls on the EU authorities to give more support to improving the performance of Ukrainian administrative structures and to promoting EU standards in the field of governance; |
| --- | --- |

82.

Calls on the EU authorities to give more support to improving the performance of Ukrainian administrative structures and to promoting EU standards in the field of governance;

*

* *

| 83. | Calls on the Council, the Commission and the European External Action Service to take the above considerations and recommendations duly into account in negotiation and implementation of the trade parts of Association Agreements with Armenia, Azerbaijan, Georgia, Moldova and Ukraine as well as in developing the EU’s trade relations with Belarus; |
| --- | --- |

83.

Calls on the Council, the Commission and the European External Action Service to take the above considerations and recommendations duly into account in negotiation and implementation of the trade parts of Association Agreements with Armenia, Azerbaijan, Georgia, Moldova and Ukraine as well as in developing the EU’s trade relations with Belarus;

| 84. | Calls on the Commission to regularly and fully report to the European Parliament on the progress of the negotiations and, after its entry into force, on the progress in implementation of each DCFTA; |
| --- | --- |

84.

Calls on the Commission to regularly and fully report to the European Parliament on the progress of the negotiations and, after its entry into force, on the progress in implementation of each DCFTA;

| 85. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EEAS and the governments and parliaments of the Member States and of the countries belonging to the Eastern Partnership. |
| --- | --- |

85.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EEAS and the governments and parliaments of the Member States and of the countries belonging to the Eastern Partnership.

---

Wednesday 4 July 2012

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/48 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/48

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Wednesday 4 July 20122013 budget - mandate for trilogue

P7_TA(2012)0289

European Parliament resolution of 4 July 2012 on the mandate for the trilogue on the 2013 Draft Budget (2012/2016(BUD))

2013/C 349 E/06

The European Parliament,

| — | having regard to the draft budget for the financial year 2013, which the Commission adopted on 25 April 2012 (COM(2012)0300), |
| --- | --- |

—

having regard to the draft budget for the financial year 2013, which the Commission adopted on 25 April 2012 (COM(2012)0300),

| — | having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) (IIA), |
| --- | --- |

—

having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1) (IIA),

| — | having regard to Article 314 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 314 of the Treaty on the Functioning of the European Union,

| — | having regard to its resolution of 14 March 2012 on the general guidelines for the preparation of the 2013 budget (2), |
| --- | --- |

—

having regard to its resolution of 14 March 2012 on the general guidelines for the preparation of the 2013 budget (2),

| — | having regard to the Council conclusions of 21 February 2012 on the budget guidelines for 2013, |
| --- | --- |

—

having regard to the Council conclusions of 21 February 2012 on the budget guidelines for 2013,

| — | having regard to the conclusions of the interinstitutional meeting on payments of 30 May 2012, |
| --- | --- |

—

having regard to the conclusions of the interinstitutional meeting on payments of 30 May 2012,

| — | having regard to Title II, Chapter 7 of its Rules of Procedure, |
| --- | --- |

—

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

| — | having regard to the letter of the Committee on Fisheries, |
| --- | --- |

—

having regard to the letter of the Committee on Fisheries,

| — | having regard to the report of the Committee on Budgets and the opinions of the Committee on Foreign Affairs, the Committee on Development, the Committee on International Trade, the Committee on Budgetary Control, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Regional Development, the Committee on Agriculture and Rural Development, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Constitutional Affairs and the Committee on Women's Rights and Gender Equality (A7-0215/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinions of the Committee on Foreign Affairs, the Committee on Development, the Committee on International Trade, the Committee on Budgetary Control, the Committee on Employment and Social Affairs, the Committee on Industry, Research and Energy, the Committee on Regional Development, the Committee on Agriculture and Rural Development, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Constitutional Affairs and the Committee on Women's Rights and Gender Equality (A7-0215/2012),

Draft budget for 2013 – general assessment

| 1. | Recalls that in its resolution of 14 March 2012 Parliament placed the promotion of growth and jobs at the centre of its priorities, in line with the Europe 2020 strategy, arguing in particular for the concentration of resources in policies and programmes that are proven to be instrumental in achieving those objectives, notably in support of SMEs and youth; welcomes the fact that the Commission's draft budget for 2013 goes in the same direction in terms of identified priorities to be reinforced; |
| --- | --- |

1.

Recalls that in its resolution of 14 March 2012 Parliament placed the promotion of growth and jobs at the centre of its priorities, in line with the Europe 2020 strategy, arguing in particular for the concentration of resources in policies and programmes that are proven to be instrumental in achieving those objectives, notably in support of SMEs and youth; welcomes the fact that the Commission's draft budget for 2013 goes in the same direction in terms of identified priorities to be reinforced;

| 2. | Recognises the persistent economic and budgetary constraints at national level, as well as the need for fiscal consolidation; reiterates, however, its conviction that the EU budget represents a common and effective instrument of investment and solidarity, which is needed particularly at the present time to trigger economic growth, competitiveness and job creation in the 27 Member States; stresses that, despite its limited size, not exceeding 2 % of total public spending in the Union, the EU budget has had a real economic impact and has thus far successfully complemented Member States’ recovery policies; |
| --- | --- |

2.

Recognises the persistent economic and budgetary constraints at national level, as well as the need for fiscal consolidation; reiterates, however, its conviction that the EU budget represents a common and effective instrument of investment and solidarity, which is needed particularly at the present time to trigger economic growth, competitiveness and job creation in the 27 Member States; stresses that, despite its limited size, not exceeding 2 % of total public spending in the Union, the EU budget has had a real economic impact and has thus far successfully complemented Member States’ recovery policies;

| 3. | Intends, therefore, to strongly defend an adequate level of resources for next year’s budget, as defined in the draft budget, and to oppose any attempt to cut resources, especially for policies delivering growth and employment; believes that the EU budget, which cannot run a deficit, should not be the victim of unsuccessful economic policies at national level; notes that in 2012 several Member States are increasing the size of their national budgets; |
| --- | --- |

3.

Intends, therefore, to strongly defend an adequate level of resources for next year’s budget, as defined in the draft budget, and to oppose any attempt to cut resources, especially for policies delivering growth and employment; believes that the EU budget, which cannot run a deficit, should not be the victim of unsuccessful economic policies at national level; notes that in 2012 several Member States are increasing the size of their national budgets;

| 4. | Is convinced that, particularly in a period of crisis, financial responsibility is of the utmost importance; believes, therefore, that resources must be concentrated on those areas where the EU budget can deliver added value, whilst they could be reduced in sectors which are experiencing unjustified delays and low absorption, with a view to making savings on lines where problems have arisen in implementation; considers that real savings can be made by identifying overlaps and inefficiencies across budgetary lines; on this basis, intends to identify, together with its specialised committees, both positive and negative priorities for 2013; asks the Commission, to this end, to provide both arms of the budgetary authority with prompt, regular and complete information on the implementation - on the basis of performance target indicators - of the various programmes and initiatives', and to weigh them against the EU’s political commitments; |
| --- | --- |

4.

Is convinced that, particularly in a period of crisis, financial responsibility is of the utmost importance; believes, therefore, that resources must be concentrated on those areas where the EU budget can deliver added value, whilst they could be reduced in sectors which are experiencing unjustified delays and low absorption, with a view to making savings on lines where problems have arisen in implementation; considers that real savings can be made by identifying overlaps and inefficiencies across budgetary lines; on this basis, intends to identify, together with its specialised committees, both positive and negative priorities for 2013; asks the Commission, to this end, to provide both arms of the budgetary authority with prompt, regular and complete information on the implementation - on the basis of performance target indicators - of the various programmes and initiatives', and to weigh them against the EU’s political commitments;

| 5. | Believes that the EU, not least in the context of the austerity policies being implemented in the Member States, must show responsibility and take immediate, concrete measures to establish a single seat for Parliament; |
| --- | --- |

5.

Believes that the EU, not least in the context of the austerity policies being implemented in the Member States, must show responsibility and take immediate, concrete measures to establish a single seat for Parliament;

| 6. | Notes that the EU draft budget for 2013 proposed by the Commission amounts to EUR 150 931,7 million in commitment appropriations (CA) (i.e. + 2 % compared to the 2012 budget) and EUR 137 924,4 million in payment appropriations (PA) (i.e. + 6,8 % compared to Budget 2012); observes that these amounts represent respectively 1,13 % and 1,03 % of the EU's forecast GNI for 2013; recalls that the multiannual financial framework (MFF) provides for ceilings of EUR 152 502 million for CA and EUR 143 911 million for PA, at current prices; notes the ongoing discrepancy between the levels of commitment and payment appropriations, which will result in a further increase of reste-à-liquider (RAL); |
| --- | --- |

6.

Notes that the EU draft budget for 2013 proposed by the Commission amounts to EUR 150 931,7 million in commitment appropriations (CA) (i.e. + 2 % compared to the 2012 budget) and EUR 137 924,4 million in payment appropriations (PA) (i.e. + 6,8 % compared to Budget 2012); observes that these amounts represent respectively 1,13 % and 1,03 % of the EU's forecast GNI for 2013; recalls that the multiannual financial framework (MFF) provides for ceilings of EUR 152 502 million for CA and EUR 143 911 million for PA, at current prices; notes the ongoing discrepancy between the levels of commitment and payment appropriations, which will result in a further increase of reste-à-liquider (RAL);

| 7. | Understands that the Commission, at the end of the programming period, is putting the accent on the side of payments, as it intends also to provide a solution to the ever-growing level of RALs; while sharing this approach, is particularly concerned at the proposed freezing of commitment appropriations at the level of the estimated inflation rate for next year; stresses the importance of commitments for determining political priorities and thus ensuring that the necessary investment will eventually be made to boost growth and employment; intends to analyse carefully whether such a level of commitments will allow the proper implementation of key EU policies; is of the opinion that even if the freezing of commitment appropriations can be presented by the Commission and Member States as a partial solution to the RAL problem, it cannot be considered an acceptable strategy for keeping the level of RAL under control; |
| --- | --- |

7.

Understands that the Commission, at the end of the programming period, is putting the accent on the side of payments, as it intends also to provide a solution to the ever-growing level of RALs; while sharing this approach, is particularly concerned at the proposed freezing of commitment appropriations at the level of the estimated inflation rate for next year; stresses the importance of commitments for determining political priorities and thus ensuring that the necessary investment will eventually be made to boost growth and employment; intends to analyse carefully whether such a level of commitments will allow the proper implementation of key EU policies; is of the opinion that even if the freezing of commitment appropriations can be presented by the Commission and Member States as a partial solution to the RAL problem, it cannot be considered an acceptable strategy for keeping the level of RAL under control;

| 8. | Views the proposed increase of 6,8 % in PA compared to 2012 as an initial response to Parliament's call for responsible and realistic budgeting; notes that the increases in payments are concentrated in the areas of competitiveness and cohesion, owing to a greater level of claims expected by running projects in these fields; fully endorses this increase, which is the result not only of past commitments that need to be honoured but also of the actual implementation of programmes, which is expected to reach cruising speed by the last year of the current MFF; calls on the Commission to verify with the Member States that their estimated demands for payment increases are accurate and realistic; |
| --- | --- |

8.

Views the proposed increase of 6,8 % in PA compared to 2012 as an initial response to Parliament's call for responsible and realistic budgeting; notes that the increases in payments are concentrated in the areas of competitiveness and cohesion, owing to a greater level of claims expected by running projects in these fields; fully endorses this increase, which is the result not only of past commitments that need to be honoured but also of the actual implementation of programmes, which is expected to reach cruising speed by the last year of the current MFF; calls on the Commission to verify with the Member States that their estimated demands for payment increases are accurate and realistic;

| 9. | Remains, however, sceptical as to whether the proposed level of payment appropriations in 2013 is adequate to cover the actual needs for next year, especially in Headings 1b and 2; will carefully monitor the payments situation during 2012, paying particular attention to all proposed transfers and reallocations; warns also that the insufficient level of payments for 2012 combined with the level proposed by the Commission for 2013 might not be sufficient to honour the claims being addressed to the Commission, and could then result in billions of decommitments for cohesion policy alone; stresses that the current proposal would bring the overall level of payments for the period 2007-2013 to EUR 859,4 billion, i.e. approximately EUR 66 billion lower than the agreed MFF ceilings; asks the Commission, in light of the recent request for a transfer (DEC 9/2012), to present, in the context of the amending budget for 2012, accurate information on the results of the current implementation of the European Economic Recovery Plan programmes; |
| --- | --- |

9.

Remains, however, sceptical as to whether the proposed level of payment appropriations in 2013 is adequate to cover the actual needs for next year, especially in Headings 1b and 2; will carefully monitor the payments situation during 2012, paying particular attention to all proposed transfers and reallocations; warns also that the insufficient level of payments for 2012 combined with the level proposed by the Commission for 2013 might not be sufficient to honour the claims being addressed to the Commission, and could then result in billions of decommitments for cohesion policy alone; stresses that the current proposal would bring the overall level of payments for the period 2007-2013 to EUR 859,4 billion, i.e. approximately EUR 66 billion lower than the agreed MFF ceilings; asks the Commission, in light of the recent request for a transfer (DEC 9/2012), to present, in the context of the amending budget for 2012, accurate information on the results of the current implementation of the European Economic Recovery Plan programmes;

| 10. | Recalls that already in 2011, a significant number of legitimate claims, notably in the field of cohesion policy, could not be paid out by the Commission; notes that those claims will also need to be covered by the 2012 budget, which is already suffering from a shortage of funds as a consequence of the limited increase in payment appropriations due to the Council's position throughout last year's budgetary procedure; calls, therefore, on the Commission to come up with a draft amending budget as early as possible in order to rectify this situation, and to avoid shifting 2012 payments to the following year, since this would create an unsustainable level of payments in 2013; further calls on the Commission and the Council to work constructively, together with Parliament, to avoid repetition of this situation in future budget cycles by improving forecasting accuracy and agreeing on realistic budget estimates; |
| --- | --- |

10.

Recalls that already in 2011, a significant number of legitimate claims, notably in the field of cohesion policy, could not be paid out by the Commission; notes that those claims will also need to be covered by the 2012 budget, which is already suffering from a shortage of funds as a consequence of the limited increase in payment appropriations due to the Council's position throughout last year's budgetary procedure; calls, therefore, on the Commission to come up with a draft amending budget as early as possible in order to rectify this situation, and to avoid shifting 2012 payments to the following year, since this would create an unsustainable level of payments in 2013; further calls on the Commission and the Council to work constructively, together with Parliament, to avoid repetition of this situation in future budget cycles by improving forecasting accuracy and agreeing on realistic budget estimates;

| 11. | Deplores the Council Presidency’s reluctance to participate in the interinstitutional political meeting on payments proposed by Parliament as a follow-up to last year's budgetary conciliation; regards this behaviour as an irresponsible attempt to ignore the lack of payments issue and the question of RAL; considers such a meeting the ideal platform for the two arms of the budgetary authority to reach a common understanding - ahead of their respective positions on the draft budget - regarding the available data on implementation and absorption capacity and to correctly estimate the payment needs for 2012 and 2013; recalls that the payment appropriations proposed by the Commission in its draft budget are based on the estimates made by the Member States themselves; firmly believes, therefore, that any doubts or second thoughts - as expressed by some Council delegations - over the Commission's figures and calculations need to be communicated, examined and clarified as soon as possible, in order not to become an impediment to reaching an agreement in this year's conciliation; |
| --- | --- |

11.

Deplores the Council Presidency’s reluctance to participate in the interinstitutional political meeting on payments proposed by Parliament as a follow-up to last year's budgetary conciliation; regards this behaviour as an irresponsible attempt to ignore the lack of payments issue and the question of RAL; considers such a meeting the ideal platform for the two arms of the budgetary authority to reach a common understanding - ahead of their respective positions on the draft budget - regarding the available data on implementation and absorption capacity and to correctly estimate the payment needs for 2012 and 2013; recalls that the payment appropriations proposed by the Commission in its draft budget are based on the estimates made by the Member States themselves; firmly believes, therefore, that any doubts or second thoughts - as expressed by some Council delegations - over the Commission's figures and calculations need to be communicated, examined and clarified as soon as possible, in order not to become an impediment to reaching an agreement in this year's conciliation;

| 12. | Stresses that, according to the recent data presented by the Commission at the interinstitutional meeting on payments which took place on 30 May 2012, any reduction in the level of payment appropriations below that of the Commission proposal would also result in a further increase in the outstanding commitments (RALs), which at the end of 2011 already reached the unprecedented level of EUR 207 billion; reiterates, therefore, its call on the Council to act responsibly and refrain from making artificial cuts by deciding on the overall level of payments a priori, without taking into account the assessment of actual needs for the achievement of the EU’s agreed objectives and commitments; requests the Council, in the event that this occurs, to clearly and publicly identify and justify which EU programmes or projects should be delayed or dropped altogether; |
| --- | --- |

12.

Stresses that, according to the recent data presented by the Commission at the interinstitutional meeting on payments which took place on 30 May 2012, any reduction in the level of payment appropriations below that of the Commission proposal would also result in a further increase in the outstanding commitments (RALs), which at the end of 2011 already reached the unprecedented level of EUR 207 billion; reiterates, therefore, its call on the Council to act responsibly and refrain from making artificial cuts by deciding on the overall level of payments a priori, without taking into account the assessment of actual needs for the achievement of the EU’s agreed objectives and commitments; requests the Council, in the event that this occurs, to clearly and publicly identify and justify which EU programmes or projects should be delayed or dropped altogether;

| 13. | Notes that, according to the Commission’s estimate, all in all 43,7 % of the DB 2013 (i.e. EUR 64,5 billion) is allocated to the objectives of Europe 2020, representing a 0,2 % increase compared to the adopted budget for 2012; appreciates the fact that for the first time the budget lines and programmes contributing to these objectives are clearly identifiable in the draft budget; |
| --- | --- |

13.

Notes that, according to the Commission’s estimate, all in all 43,7 % of the DB 2013 (i.e. EUR 64,5 billion) is allocated to the objectives of Europe 2020, representing a 0,2 % increase compared to the adopted budget for 2012; appreciates the fact that for the first time the budget lines and programmes contributing to these objectives are clearly identifiable in the draft budget;

| 14. | Takes note of the overall margin of EUR 2,4 billion in CA in the DB 2013, and is determined to make full use of it - as well as of the other flexibility mechanisms foreseen by the IIA - whenever it proves to be necessary in order to finance objectives and priorities deriving from shared political commitments and decisions, namely those of the Europe 2020 strategy; |
| --- | --- |

14.

Takes note of the overall margin of EUR 2,4 billion in CA in the DB 2013, and is determined to make full use of it - as well as of the other flexibility mechanisms foreseen by the IIA - whenever it proves to be necessary in order to finance objectives and priorities deriving from shared political commitments and decisions, namely those of the Europe 2020 strategy;

| 15. | Notes that, apart from administrative expenditure, no appropriations have been entered in the draft budget for the accession of Croatia in July 2013; expects that the revision of the MFF foreseen by Point 29 of the IIA will be adopted swiftly, and asks the Commission to present its proposal through an amending budget for the corresponding additional appropriations as soon as the Act of Accession has been ratified by all Member States; recalls that any new funding requirements are to be financed with fresh money rather than redeployments for the second part of 2013; |
| --- | --- |

15.

Notes that, apart from administrative expenditure, no appropriations have been entered in the draft budget for the accession of Croatia in July 2013; expects that the revision of the MFF foreseen by Point 29 of the IIA will be adopted swiftly, and asks the Commission to present its proposal through an amending budget for the corresponding additional appropriations as soon as the Act of Accession has been ratified by all Member States; recalls that any new funding requirements are to be financed with fresh money rather than redeployments for the second part of 2013;

| 16. | Recalls that the annual budget for 2013 will be the last budget of the current multiannual financial framework, but reiterates that the MFF 2013 ceilings as agreed in the IIA will remain the reference for, at least, the 2014 financial framework ceilings in the event of no agreement, according to the provisions of point 30 of the IIA; |
| --- | --- |

16.

Recalls that the annual budget for 2013 will be the last budget of the current multiannual financial framework, but reiterates that the MFF 2013 ceilings as agreed in the IIA will remain the reference for, at least, the 2014 financial framework ceilings in the event of no agreement, according to the provisions of point 30 of the IIA;

Heading 1a

| 17. | Takes note of the Commission's proposal for increasing commitments under this Heading by 4,1 % (to EUR 16 032 million) as compared to the 2012 budget; notes that the proposal for CA below the financial programming possibilities (i.e. TEN-T, EIT, Progress) leaves an increased margin of EUR 90,9 million compared to the EUR 47,7 million foreseen in the financial programming; is pleased to see that the highest increases in CA are concentrated in Heading 1a, where most of the policies and programmes triggering growth, competitiveness and jobs are placed, and that they reflect the priorities highlighted by Parliament for 2013; |
| --- | --- |

17.

Takes note of the Commission's proposal for increasing commitments under this Heading by 4,1 % (to EUR 16 032 million) as compared to the 2012 budget; notes that the proposal for CA below the financial programming possibilities (i.e. TEN-T, EIT, Progress) leaves an increased margin of EUR 90,9 million compared to the EUR 47,7 million foreseen in the financial programming; is pleased to see that the highest increases in CA are concentrated in Heading 1a, where most of the policies and programmes triggering growth, competitiveness and jobs are placed, and that they reflect the priorities highlighted by Parliament for 2013;

| 18. | Welcomes, in particular, the increases for FP7-EC (+ 6,1 %), CIP (+ 7,3 %) and TEN-T (+ 6,4 %) programmes, which are among the main deliverers of the Europe 2020 objectives; regrets, however, that with the amounts proposed by the Commission two flagship programmes such as FP7 and TEN-T will effectively devote less CA than foreseen in their legal bases (FP: EUR – 258,8 million and TEN-T: EUR – 122,5 million) for the last year of the current MFF; regrets as well that the Commission proposal does not provide for the full implementation of the Intelligent Energy Europe Programme; |
| --- | --- |

18.

Welcomes, in particular, the increases for FP7-EC (+ 6,1 %), CIP (+ 7,3 %) and TEN-T (+ 6,4 %) programmes, which are among the main deliverers of the Europe 2020 objectives; regrets, however, that with the amounts proposed by the Commission two flagship programmes such as FP7 and TEN-T will effectively devote less CA than foreseen in their legal bases (FP: EUR – 258,8 million and TEN-T: EUR – 122,5 million) for the last year of the current MFF; regrets as well that the Commission proposal does not provide for the full implementation of the Intelligent Energy Europe Programme;

| 19. | Considers the substantial increase in payments, by 17,8 % (to EUR 13 552 million) as compared to the Budget 2012 a realistic estimation of the payments needed under this heading, in particular so as to cover next year's claims for research projects resulting from contractual obligations of the Union; considers the level of payments proposed by the Commission to be the minimum level needed under Heading 1a; |
| --- | --- |

19.

Considers the substantial increase in payments, by 17,8 % (to EUR 13 552 million) as compared to the Budget 2012 a realistic estimation of the payments needed under this heading, in particular so as to cover next year's claims for research projects resulting from contractual obligations of the Union; considers the level of payments proposed by the Commission to be the minimum level needed under Heading 1a;

| 20. | Takes note of the rationale adopted by the Commission when proposing reductions as compared to the financial programming, which has led, in its view, to the identification of potential savings within under-implemented lines of - among others - FP7, TEN-T, Marco Polo, Progress, the statistical programme, Customs and Fiscalis; is determined to carefully analyse performance under each of these programmes in order to check the appropriateness of the proposed cuts and exclude negative impacts on the programmes concerned; |
| --- | --- |

20.

Takes note of the rationale adopted by the Commission when proposing reductions as compared to the financial programming, which has led, in its view, to the identification of potential savings within under-implemented lines of - among others - FP7, TEN-T, Marco Polo, Progress, the statistical programme, Customs and Fiscalis; is determined to carefully analyse performance under each of these programmes in order to check the appropriateness of the proposed cuts and exclude negative impacts on the programmes concerned;

| 21. | Recalls the Joint Declaration of 1 December 2011 on financing the additional costs of the ITER programme for 2012-2013, in which Parliament, the Council and the Commission also agree to make available EUR 360 million in CA in the 2013 budget procedure, ‘making full use of the provisions laid down in the Financial Regulation and in the IIA, excluding any further ITER-related revision of the MFF’; is concerned that the Commission proposes to finance this additional amount only through redeployment from lines of the FP7 programme, contrary to Parliament’s long-standing position on the matter; takes full account of the Commission’s claim that this amount derives from performance savings on FP7, and that those cuts on administrative lines will not harm the operation of the programme; intends to examine this claim further, as well as to explore other means available under the IIA and the Financial Regulation for this purpose; |
| --- | --- |

21.

Recalls the Joint Declaration of 1 December 2011 on financing the additional costs of the ITER programme for 2012-2013, in which Parliament, the Council and the Commission also agree to make available EUR 360 million in CA in the 2013 budget procedure, ‘making full use of the provisions laid down in the Financial Regulation and in the IIA, excluding any further ITER-related revision of the MFF’; is concerned that the Commission proposes to finance this additional amount only through redeployment from lines of the FP7 programme, contrary to Parliament’s long-standing position on the matter; takes full account of the Commission’s claim that this amount derives from performance savings on FP7, and that those cuts on administrative lines will not harm the operation of the programme; intends to examine this claim further, as well as to explore other means available under the IIA and the Financial Regulation for this purpose;

| 22. | Emphasises the need for an adequate staffing level for Fusion for Energy (F4E), the European Joint Undertaking for ITER, so as to ensure the careful management and sound implementation of the EU’s contribution to the ITER project; is concerned at the current staffing level as proposed by the Commission; |
| --- | --- |

22.

Emphasises the need for an adequate staffing level for Fusion for Energy (F4E), the European Joint Undertaking for ITER, so as to ensure the careful management and sound implementation of the EU’s contribution to the ITER project; is concerned at the current staffing level as proposed by the Commission;

| 23. | Recognises the fundamental role played by small and medium enterprises as drivers of the EU economy and creators of 85 % of jobs in the last ten years; recalls the difficulties traditionally faced by SMEs in accessing the capital markets for research and innovation projects, now exacerbated by the current financial crisis; is firmly convinced that the EU budget should contribute to overcoming this market failure, by facilitating access to debt and equity financing for innovative SMEs, and welcomes the Commission’s recent proposal to create a special window for SMEs under the existing RSFF; supports, in addition, the proposed increase for the financial instruments under the CIP-EIP programme (EUR 14,7 million), in line with their positive performance so far and the increased demand from SMEs; |
| --- | --- |

23.

Recognises the fundamental role played by small and medium enterprises as drivers of the EU economy and creators of 85 % of jobs in the last ten years; recalls the difficulties traditionally faced by SMEs in accessing the capital markets for research and innovation projects, now exacerbated by the current financial crisis; is firmly convinced that the EU budget should contribute to overcoming this market failure, by facilitating access to debt and equity financing for innovative SMEs, and welcomes the Commission’s recent proposal to create a special window for SMEs under the existing RSFF; supports, in addition, the proposed increase for the financial instruments under the CIP-EIP programme (EUR 14,7 million), in line with their positive performance so far and the increased demand from SMEs;

| 24. | Deeply regrets that, at a time of economic crisis and especially of high youth unemployment the appropriations for the Progress programme have been reduced by EUR 5,3 million compared to the financial programming, thus being brought back practically to the 2012 levels, despite the good performance of this programme so far, including its gender equality and anti-discrimination strands; reiterates its belief that EU social programmes are instrumental in achieving the social and employment targets of the Europe 2020 strategy; deplores the fact that not even in the last year of the current MFF has the Commission seized the opportunity to reinstate under this programme the EUR 60 million redeployed in favour of the Progress Microfinance Facility, as committed in 2010; |
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24.

Deeply regrets that, at a time of economic crisis and especially of high youth unemployment the appropriations for the Progress programme have been reduced by EUR 5,3 million compared to the financial programming, thus being brought back practically to the 2012 levels, despite the good performance of this programme so far, including its gender equality and anti-discrimination strands; reiterates its belief that EU social programmes are instrumental in achieving the social and employment targets of the Europe 2020 strategy; deplores the fact that not even in the last year of the current MFF has the Commission seized the opportunity to reinstate under this programme the EUR 60 million redeployed in favour of the Progress Microfinance Facility, as committed in 2010;

| 25. | Welcomes the Commission's decision to include in the DB, for the third year running, payment appropriations (EUR 50 million) for the European Globalisation Adjustment Fund (EGF); underlines the fact that this not only gives higher visibility to the fund but also avoids transfers from other budget lines pursuing different aims and covering different needs; stresses, moreover, the need for further simplification of the practical modalities of the procedure for mobilisation of this fund, especially in the context of the ongoing negotiations on the new EGF regulation; |
| --- | --- |

25.

Welcomes the Commission's decision to include in the DB, for the third year running, payment appropriations (EUR 50 million) for the European Globalisation Adjustment Fund (EGF); underlines the fact that this not only gives higher visibility to the fund but also avoids transfers from other budget lines pursuing different aims and covering different needs; stresses, moreover, the need for further simplification of the practical modalities of the procedure for mobilisation of this fund, especially in the context of the ongoing negotiations on the new EGF regulation;

| 26. | Regrets that the contribution to the Youth on the Move Flagship Initiative is slightly reduced compared to last year; highlights in this context the added value of the Lifelong Learning, Erasmus and Erasmus Mundus programmes, which, against a modest financial backdrop, yield great returns in terms of effective implementation and positive image of the Union vis-à-vis its citizens; recalls that in many Member States young people are being significantly hit by the economic and financial crisis and that in this context adequate funding and targeting of educational and mobility schemes and lifelong learning programmes are significant in modernising education and training systems and raising the levels of skills, mobility and adaptability of young people, thereby contributing overall to an innovative, knowledge-based, smart and inclusive Europe; to this end strongly supports the promotion of equal opportunities in order to enable young people, whatever their educational background, to benefit from the EU’s various youth programmes and policies; opposes, therefore, the proposed reduction by EUR 10,2 million as compared to the 2012 budget for the Lifelong Learning Programme and, in line with its established position in the last budgetary procedures and the excellent performance rates of this programme, intends to reinforce the commitment appropriations for the corresponding budget line; |
| --- | --- |

26.

Regrets that the contribution to the Youth on the Move Flagship Initiative is slightly reduced compared to last year; highlights in this context the added value of the Lifelong Learning, Erasmus and Erasmus Mundus programmes, which, against a modest financial backdrop, yield great returns in terms of effective implementation and positive image of the Union vis-à-vis its citizens; recalls that in many Member States young people are being significantly hit by the economic and financial crisis and that in this context adequate funding and targeting of educational and mobility schemes and lifelong learning programmes are significant in modernising education and training systems and raising the levels of skills, mobility and adaptability of young people, thereby contributing overall to an innovative, knowledge-based, smart and inclusive Europe; to this end strongly supports the promotion of equal opportunities in order to enable young people, whatever their educational background, to benefit from the EU’s various youth programmes and policies; opposes, therefore, the proposed reduction by EUR 10,2 million as compared to the 2012 budget for the Lifelong Learning Programme and, in line with its established position in the last budgetary procedures and the excellent performance rates of this programme, intends to reinforce the commitment appropriations for the corresponding budget line;

| 27. | Stresses that the TEN-T programme, through investment in high European added value infrastructures, has a central role to play in the attainment of the objectives of the Europe 2020 Strategy; considers this programme to be essential for boosting the competitiveness of the EU as a whole, by creating the missing infrastructure and removing bottlenecks within the internal market; stresses that infrastructure projects also directly contribute to growth by stimulating employment during the building phase; underlines the role of the TEN-T programme for meeting the goals of adaptation to climate change by ensuring the future sustainability of the EU’s transport networks; welcomes the Commission's proposed increase of approximately EUR 85 million compared to the 2012 budget, but asks for further clarification on the proposed reduction by EUR 118 million as compared to the financial programming; recalls that the main TEN-T programme was fully executed in 2011, and points out that a final judgement on how commitments have been implemented and paid out on projects in the 2007-2013 financial framework can only be made in 2017; |
| --- | --- |

27.

Stresses that the TEN-T programme, through investment in high European added value infrastructures, has a central role to play in the attainment of the objectives of the Europe 2020 Strategy; considers this programme to be essential for boosting the competitiveness of the EU as a whole, by creating the missing infrastructure and removing bottlenecks within the internal market; stresses that infrastructure projects also directly contribute to growth by stimulating employment during the building phase; underlines the role of the TEN-T programme for meeting the goals of adaptation to climate change by ensuring the future sustainability of the EU’s transport networks; welcomes the Commission's proposed increase of approximately EUR 85 million compared to the 2012 budget, but asks for further clarification on the proposed reduction by EUR 118 million as compared to the financial programming; recalls that the main TEN-T programme was fully executed in 2011, and points out that a final judgement on how commitments have been implemented and paid out on projects in the 2007-2013 financial framework can only be made in 2017;

| 28. | Believes that the programme to support the further development of an Integrated Maritime Policy needs adequate funding for 2013; underlines its disappointment at the absence of a budget line on tourism, and regrets the constant decrease in the budget allocation for road safety; |
| --- | --- |

28.

Believes that the programme to support the further development of an Integrated Maritime Policy needs adequate funding for 2013; underlines its disappointment at the absence of a budget line on tourism, and regrets the constant decrease in the budget allocation for road safety;

| 29. | Stresses that innovative solutions are urgently required in order to mobilise private or public funds to a greater extent and extend the range of financial instruments available for infrastructure projects; fully supports the pilot phase of the Project Bond Initiative as a means to boost investment capacity in the field of the EU’s transport, energy and ICT networks; welcomes the fact that the draft budget includes appropriations for the pilot phase, even if they are actually redeployed within the relevant budget lines (CIP - TEN-T - TEN -E) as agreed by the legislative authority; |
| --- | --- |

29.

Stresses that innovative solutions are urgently required in order to mobilise private or public funds to a greater extent and extend the range of financial instruments available for infrastructure projects; fully supports the pilot phase of the Project Bond Initiative as a means to boost investment capacity in the field of the EU’s transport, energy and ICT networks; welcomes the fact that the draft budget includes appropriations for the pilot phase, even if they are actually redeployed within the relevant budget lines (CIP - TEN-T - TEN -E) as agreed by the legislative authority;

| 30. | Deeply deplores the Commission's proposed cuts for the European Supervisory Authorities, compared to what was originally foreseen in the Financial programming, which are contrary to Parliament’s repeated calls for them to be funded adequately; considers the current level of appropriations insufficient to allow those agencies to cope efficiently with their tasks, notably the recruitment of highly qualified experts; believes that the additional tasks entrusted to ESAs should be complemented by cost assessment; strongly expresses, therefore, its intention to reinstate the appropriations, at least at the 2012 level, for the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA), as well as to further reinforce the European Securities and Markets Authority (ESMA) in the light of the new tasks entrusted to it; |
| --- | --- |

30.

Deeply deplores the Commission's proposed cuts for the European Supervisory Authorities, compared to what was originally foreseen in the Financial programming, which are contrary to Parliament’s repeated calls for them to be funded adequately; considers the current level of appropriations insufficient to allow those agencies to cope efficiently with their tasks, notably the recruitment of highly qualified experts; believes that the additional tasks entrusted to ESAs should be complemented by cost assessment; strongly expresses, therefore, its intention to reinstate the appropriations, at least at the 2012 level, for the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA), as well as to further reinforce the European Securities and Markets Authority (ESMA) in the light of the new tasks entrusted to it;

Heading 1b

| 31. | Notes that the DB 2013 provides for an increase in CA of 3,3 % (to EUR 54 498 million) compared to the 2012 budget, of which EUR 42 144 million are for the Structural Funds (ERDF and ESF) and EUR 12 354 million for the Cohesion Fund; stresses that the reduction in the level of commitments in the DB for technical assistance compared to that originally foreseen in the financial programming has led an increase in the margin of EUR 25 million compared to the initial forecast of EUR 0,4 million; |
| --- | --- |

31.

Notes that the DB 2013 provides for an increase in CA of 3,3 % (to EUR 54 498 million) compared to the 2012 budget, of which EUR 42 144 million are for the Structural Funds (ERDF and ESF) and EUR 12 354 million for the Cohesion Fund; stresses that the reduction in the level of commitments in the DB for technical assistance compared to that originally foreseen in the financial programming has led an increase in the margin of EUR 25 million compared to the initial forecast of EUR 0,4 million;

| 32. | Regrets the proposed cuts in technical assistance for macroregional strategies; reiterates the need for continuous technical and administrative support for the implementation of the strategies, as well as for seed money for new projects, as indicated by the high implementation rate in 2011; |
| --- | --- |

32.

Regrets the proposed cuts in technical assistance for macroregional strategies; reiterates the need for continuous technical and administrative support for the implementation of the strategies, as well as for seed money for new projects, as indicated by the high implementation rate in 2011;

| 33. | Stresses that cohesion policy has long proved its added value as a necessary investment tool to deliver growth and job creation effectively by accurately addressing the investment needs of the regions, thus contributing not only to the reduction of the disparities between them, but also to economic recovery and the development of the Union as a whole; also considers the Structural Funds a crucial instrument - in view of both their financial size and the objectives pursued - for accelerating economic recovery in the EU and delivering the
  sustainable
  growth and employment objectives enshrined in the Europe 2020 Strategy; welcomes, therefore, the Commission's initiative of reprogramming where possible EUR 82 billion of unallocated Structural Fund moneys in some Member States in favour of SMEs and youth employment, in line with Parliament’s priorities for 2013; notes that, according to the Commission, EUR 7,3 billion in EU financing has in this context been targeted for accelerated delivery or reallocation; asks to be kept duly informed on the implementation of this initiative at national level, its expected impact on growth and jobs, and its possible impact on the 2013 budget; |
| --- | --- |

33.

Stresses that cohesion policy has long proved its added value as a necessary investment tool to deliver growth and job creation effectively by accurately addressing the investment needs of the regions, thus contributing not only to the reduction of the disparities between them, but also to economic recovery and the development of the Union as a whole; also considers the Structural Funds a crucial instrument - in view of both their financial size and the objectives pursued - for accelerating economic recovery in the EU and delivering the
  sustainable
  growth and employment objectives enshrined in the Europe 2020 Strategy; welcomes, therefore, the Commission's initiative of reprogramming where possible EUR 82 billion of unallocated Structural Fund moneys in some Member States in favour of SMEs and youth employment, in line with Parliament’s priorities for 2013; notes that, according to the Commission, EUR 7,3 billion in EU financing has in this context been targeted for accelerated delivery or reallocation; asks to be kept duly informed on the implementation of this initiative at national level, its expected impact on growth and jobs, and its possible impact on the 2013 budget;

| 34. | Is extremely concerned over the payment situation of cohesion projects under this Heading, and notes that two-thirds of the total level of RAL at the end of 2011 (i.e. EUR 135,8 billion) reflects unpaid projects under cohesion policy; recalls that at the end of 2011 the Commission was unable to reimburse some EUR 11 billion corresponding to legitimate payment claims submitted by project beneficiaries due to the insufficient level of payment appropriations foreseen in the budget; notes that this has led to a considerable payment backlog, which will have to be addressed through the availability of sufficient payment appropriations in 2012; firmly points out that it will not accept a recurrence of this situation in 2013; |
| --- | --- |

34.

Is extremely concerned over the payment situation of cohesion projects under this Heading, and notes that two-thirds of the total level of RAL at the end of 2011 (i.e. EUR 135,8 billion) reflects unpaid projects under cohesion policy; recalls that at the end of 2011 the Commission was unable to reimburse some EUR 11 billion corresponding to legitimate payment claims submitted by project beneficiaries due to the insufficient level of payment appropriations foreseen in the budget; notes that this has led to a considerable payment backlog, which will have to be addressed through the availability of sufficient payment appropriations in 2012; firmly points out that it will not accept a recurrence of this situation in 2013;

| 35. | Recalls, in this context, that 2013 is the last year of the current MFF, with implementation of co-financed projects running at full speed and expected to accelerate further, with the bulk of payment requests being expected to reach the Commission in the second half of the year; calls on the Council and Commission to immediately analyse and assess, along with Parliament, the figures and requirements concerned, so as not to jeopardise implementation for 2013; points out that a lack of payment appropriations could endanger currently well-functioning programmes; stresses, moreover, that 2013 will be a year when, due to the lapsing of the N+3 rule, payment claims submitted by 12 Member States will need to be presented for two annual commitment tranches (2010 and 2011 under the N+3 and N+2 rules respectively); considers therefore as a minimum the proposed increase in payment appropriations by 11,7 % (to EUR 48 975 million) as compared to last year since, as mentioned by the Commission, it strictly relates to 2013 and assumes that payment needs from previous years will have been covered; |
| --- | --- |

35.

Recalls, in this context, that 2013 is the last year of the current MFF, with implementation of co-financed projects running at full speed and expected to accelerate further, with the bulk of payment requests being expected to reach the Commission in the second half of the year; calls on the Council and Commission to immediately analyse and assess, along with Parliament, the figures and requirements concerned, so as not to jeopardise implementation for 2013; points out that a lack of payment appropriations could endanger currently well-functioning programmes; stresses, moreover, that 2013 will be a year when, due to the lapsing of the N+3 rule, payment claims submitted by 12 Member States will need to be presented for two annual commitment tranches (2010 and 2011 under the N+3 and N+2 rules respectively); considers therefore as a minimum the proposed increase in payment appropriations by 11,7 % (to EUR 48 975 million) as compared to last year since, as mentioned by the Commission, it strictly relates to 2013 and assumes that payment needs from previous years will have been covered;

| 36. | Considers this increase in payments to be only a first step to cover the actual needs of running projects, and reiterates its concern regarding a possible shortage of funds in the field of cohesion policy; calls on the Council and Commission to carefully evaluate the real needs in terms of payments for 2013 under Heading 1b, and not to make any cuts which are unrealistic or take decisions that are at odds with the forecasts provided by the Member States themselves and used as a basis for the Commission's draft budget; will therefore oppose any possible cut in the level of payments compared to the proposal included in the DB 2013; |
| --- | --- |

36.

Considers this increase in payments to be only a first step to cover the actual needs of running projects, and reiterates its concern regarding a possible shortage of funds in the field of cohesion policy; calls on the Council and Commission to carefully evaluate the real needs in terms of payments for 2013 under Heading 1b, and not to make any cuts which are unrealistic or take decisions that are at odds with the forecasts provided by the Member States themselves and used as a basis for the Commission's draft budget; will therefore oppose any possible cut in the level of payments compared to the proposal included in the DB 2013;

| 37. | Calls, as well, on the Commission and Council, should payment appropriations be insufficient to cover real needs during this year, to present in good time and adopt an amending budget, thus fulfilling the joint commitment made in the interinstitutional declaration of December 2011; |
| --- | --- |

37.

Calls, as well, on the Commission and Council, should payment appropriations be insufficient to cover real needs during this year, to present in good time and adopt an amending budget, thus fulfilling the joint commitment made in the interinstitutional declaration of December 2011;

Heading 2

| 38. | Notes that the DB 2013 proposes to increase CA by 0,6 % (to EUR 60 307 million) and PA by 1,6 % (to EUR 57 964 million) as compared to the 2012 budget; underlines that these levels remain below the increase proposed by the Commission for the budget as a whole; points out that these increases are partly due to the continuous phasing-in of direct payments to new Member States and additional needs for rural development projects; stresses that the proposed funds for market interventions are EUR 419 million less for 2013 than in the 2012 budget; |
| --- | --- |

38.

Notes that the DB 2013 proposes to increase CA by 0,6 % (to EUR 60 307 million) and PA by 1,6 % (to EUR 57 964 million) as compared to the 2012 budget; underlines that these levels remain below the increase proposed by the Commission for the budget as a whole; points out that these increases are partly due to the continuous phasing-in of direct payments to new Member States and additional needs for rural development projects; stresses that the proposed funds for market interventions are EUR 419 million less for 2013 than in the 2012 budget;

| 39. | Notes that the projected margin of EUR 809 million for the market-related expenditure and direct aids sub-ceiling under Heading 2 represents a significant increase compared with 2012, which, according to the Commission, is mostly the result of a one-off effect following the end of the Sugar Restructuring Fund; expresses its satisfaction that this margin means that the financial discipline mechanism will not be applied in 2013; stresses that a sufficient margin is necessary under this Heading to alleviate any potential crisis arising in the agricultural sector, as seen in recent years with the EHEC crisis; |
| --- | --- |

39.

Notes that the projected margin of EUR 809 million for the market-related expenditure and direct aids sub-ceiling under Heading 2 represents a significant increase compared with 2012, which, according to the Commission, is mostly the result of a one-off effect following the end of the Sugar Restructuring Fund; expresses its satisfaction that this margin means that the financial discipline mechanism will not be applied in 2013; stresses that a sufficient margin is necessary under this Heading to alleviate any potential crisis arising in the agricultural sector, as seen in recent years with the EHEC crisis;

| 40. | Stresses that 2013 is the last year of the current programming period and hence an adequate level of payment appropriations must be ensured under Heading 2, to cover, in particular, the needs of the current rural development and LIFE+ projects; |
| --- | --- |

40.

Stresses that 2013 is the last year of the current programming period and hence an adequate level of payment appropriations must be ensured under Heading 2, to cover, in particular, the needs of the current rural development and LIFE+ projects;

| 41. | Points out that Heading 2 is instrumental for realising the EU 2020 strategy goals of sustainable growth and employment, in particular through its rural development programmes; highlights the need to support SMEs in rural areas, as the main job creators and as particularly targeting young people; welcomes in this respect the proposed increase in CA for rural development by 1,3 % (to EUR 14 808 million); |
| --- | --- |

41.

Points out that Heading 2 is instrumental for realising the EU 2020 strategy goals of sustainable growth and employment, in particular through its rural development programmes; highlights the need to support SMEs in rural areas, as the main job creators and as particularly targeting young people; welcomes in this respect the proposed increase in CA for rural development by 1,3 % (to EUR 14 808 million);

| 42. | Notes that the appropriations for Heading 2 are lower than the estimated needs, since assigned revenues to the EAGF are estimated to be higher in 2013 (EUR 1 332,8 million) than in 2012 (EUR 1 010 million); notes that this difference stems from the remaining balance of the Temporary Sugar Restructuring Fund (EUR 647,8 million), while assigned revenues from clearance of accounts decisions are expected to be lower than in 2012 (EUR 400 million in the 2013 draft budget compared to EUR 600 million in the 2012 Budget); recalls that an adjustment of the current estimates on the basis of actual needs will be made in the autumn through the agricultural amending letter; |
| --- | --- |

42.

Notes that the appropriations for Heading 2 are lower than the estimated needs, since assigned revenues to the EAGF are estimated to be higher in 2013 (EUR 1 332,8 million) than in 2012 (EUR 1 010 million); notes that this difference stems from the remaining balance of the Temporary Sugar Restructuring Fund (EUR 647,8 million), while assigned revenues from clearance of accounts decisions are expected to be lower than in 2012 (EUR 400 million in the 2013 draft budget compared to EUR 600 million in the 2012 Budget); recalls that an adjustment of the current estimates on the basis of actual needs will be made in the autumn through the agricultural amending letter;

| 43. | Recalls that price volatility in this sector is a major concern, and endorses measures to combat speculation in agricultural commodities; urges the Commission and the Council to carefully monitor developments on the agricultural markets; in this context, reminds the Commission of the call made by Parliament - on which no action has been taken to date - for the creation of a ‘price and margins observatory’, which would make it possible to achieve better price comparability and greater transparency in setting food prices; |
| --- | --- |

43.

Recalls that price volatility in this sector is a major concern, and endorses measures to combat speculation in agricultural commodities; urges the Commission and the Council to carefully monitor developments on the agricultural markets; in this context, reminds the Commission of the call made by Parliament - on which no action has been taken to date - for the creation of a ‘price and margins observatory’, which would make it possible to achieve better price comparability and greater transparency in setting food prices;

| 44. | Notes that the proposed increase in direct aids is mainly due to the ongoing phasing-in of direct payments in the EU-12, creating an additional budgetary requirement of EUR 860 million in 2013, while expenditure on market interventions is expected to decrease, owing to higher assigned revenue and a favourable market situation for most sectors; |
| --- | --- |

44.

Notes that the proposed increase in direct aids is mainly due to the ongoing phasing-in of direct payments in the EU-12, creating an additional budgetary requirement of EUR 860 million in 2013, while expenditure on market interventions is expected to decrease, owing to higher assigned revenue and a favourable market situation for most sectors;

| 45. | Notes that the amounts assigned to certain budget lines, including the school milk programme, have been significantly reduced, and asks the Commission to provide Parliament with a justification for this; |
| --- | --- |

45.

Notes that the amounts assigned to certain budget lines, including the school milk programme, have been significantly reduced, and asks the Commission to provide Parliament with a justification for this;

| 46. | Stresses that EU policies and the EU budget are key elements for achieving the Europe 2020 targets; believes in this context that the climate action and environmental objectives are of a cross-cutting nature and must be translated into concrete measures to be implemented under the various EU programmes and policies, in order to make a substantial contribution to sustainable growth and effectively address major challenges such as resource scarcity and climate change; |
| --- | --- |

46.

Stresses that EU policies and the EU budget are key elements for achieving the Europe 2020 targets; believes in this context that the climate action and environmental objectives are of a cross-cutting nature and must be translated into concrete measures to be implemented under the various EU programmes and policies, in order to make a substantial contribution to sustainable growth and effectively address major challenges such as resource scarcity and climate change;

| 47. | Notes the proposed slight increase of CA - by 3,3 % to EUR 366,6 million - for LIFE +, but regrets that the appropriation is EUR 10,55 million below the level of the financial programming of January 2012; will explore, in this context, all provisions as stated in point 37 of the IIA; |
| --- | --- |

47.

Notes the proposed slight increase of CA - by 3,3 % to EUR 366,6 million - for LIFE +, but regrets that the appropriation is EUR 10,55 million below the level of the financial programming of January 2012; will explore, in this context, all provisions as stated in point 37 of the IIA;

| 48. | Welcomes the amounts proposed by the Commission for the food distribution programme for Most Deprived Persons (MDP); calls on the Council to respect the joint decision taken at the end of 2011 on maintaining funding for this programme for 2012 and 2013; |
| --- | --- |

48.

Welcomes the amounts proposed by the Commission for the food distribution programme for Most Deprived Persons (MDP); calls on the Council to respect the joint decision taken at the end of 2011 on maintaining funding for this programme for 2012 and 2013;

| 49. | Regrets the continued subsidising of tobacco production in the EU, which is contrary to the objectives of the Union’s health policy; |
| --- | --- |

49.

Regrets the continued subsidising of tobacco production in the EU, which is contrary to the objectives of the Union’s health policy;

| 50. | Considers it important to maintain the financial support for the common fisheries policy (CFP) with a view to its imminent reform; stresses, in particular, the need to support SMEs in the fisheries sector and to promote access to jobs for young people in this field, while ensuring the sustainable character of the CFP, as well as the need to promote measures guaranteeing the social, economic and environmental viability of the sector; welcomes, in this regard, the proposed increase for the European Fisheries Fund by, respectively, 2,2 % (to EUR 687,2 million) in CA and 7,3 % (to EUR 523,5 million) in PA, compared to the 2012 budget; regrets, however, the proposed cuts in the areas of governance of the CFP, conservation, management and exploitation of fisheries resources, and monitoring and enforcement of the CFP; |
| --- | --- |

50.

Considers it important to maintain the financial support for the common fisheries policy (CFP) with a view to its imminent reform; stresses, in particular, the need to support SMEs in the fisheries sector and to promote access to jobs for young people in this field, while ensuring the sustainable character of the CFP, as well as the need to promote measures guaranteeing the social, economic and environmental viability of the sector; welcomes, in this regard, the proposed increase for the European Fisheries Fund by, respectively, 2,2 % (to EUR 687,2 million) in CA and 7,3 % (to EUR 523,5 million) in PA, compared to the 2012 budget; regrets, however, the proposed cuts in the areas of governance of the CFP, conservation, management and exploitation of fisheries resources, and monitoring and enforcement of the CFP;

Heading 3a

| 51. | Notes that the overall increase in funding proposed in DB 2013 - EUR 1 392,2 and 928,3 million in commitments and payments respectively - compared to the 2012 budget for actions encompassed under this heading is 1,8 % (by EUR 24,42 million) in CA and 11,1 % in PA; considers that this is in line with the growing ambitions of the EU in the area of freedom, security and justice; |
| --- | --- |

51.

Notes that the overall increase in funding proposed in DB 2013 - EUR 1 392,2 and 928,3 million in commitments and payments respectively - compared to the 2012 budget for actions encompassed under this heading is 1,8 % (by EUR 24,42 million) in CA and 11,1 % in PA; considers that this is in line with the growing ambitions of the EU in the area of freedom, security and justice;

| 52. | Stresses the need to reinforce appropriations for cybersecurity in the IT sector, due to the enormous damage that increasing criminal activity in this domain is causing to the Member States’ economies; insists that boosting the fight against cybercrime at Union level via the upcoming European Cybercrime Centre will require adequate funding, and therefore deplores the cuts proposed by the Commission for Europol, as the Centre's tasks as identified by the Commission cannot be carried out with Europol's current human and financial resources; notes that, contrary to the financial programming, a cut of EUR 64,4 million is proposed for the Prevention of and Fight against Crime programme compared to the 2012 budget, although this programme was conceived with a view also to covering cybercrime and illegal use of the internet; |
| --- | --- |

52.

Stresses the need to reinforce appropriations for cybersecurity in the IT sector, due to the enormous damage that increasing criminal activity in this domain is causing to the Member States’ economies; insists that boosting the fight against cybercrime at Union level via the upcoming European Cybercrime Centre will require adequate funding, and therefore deplores the cuts proposed by the Commission for Europol, as the Centre's tasks as identified by the Commission cannot be carried out with Europol's current human and financial resources; notes that, contrary to the financial programming, a cut of EUR 64,4 million is proposed for the Prevention of and Fight against Crime programme compared to the 2012 budget, although this programme was conceived with a view also to covering cybercrime and illegal use of the internet;

| 53. | Calls for continued support for Frontex, as well as for the various recently created agencies under this heading (in particular the European Asylum Support Office and the agency for large-scale IT systems); notes the 8,9 % cut (EUR – 7,3 million) in the contribution to the European Police Office (Europol) compared to the 2012 budget, and expects the Commission to provide additional details on this proposed cut; |
| --- | --- |

53.

Calls for continued support for Frontex, as well as for the various recently created agencies under this heading (in particular the European Asylum Support Office and the agency for large-scale IT systems); notes the 8,9 % cut (EUR – 7,3 million) in the contribution to the European Police Office (Europol) compared to the 2012 budget, and expects the Commission to provide additional details on this proposed cut;

| 54. | Notes that the reduction of EUR 30 million for the VIS programme and the termination of Eurodac (EUR – 0,5 million) will be compensated by the transfer of these tasks and the corresponding budget appropriations to the new agency for the operational management of large-scale IT systems; |
| --- | --- |

54.

Notes that the reduction of EUR 30 million for the VIS programme and the termination of Eurodac (EUR – 0,5 million) will be compensated by the transfer of these tasks and the corresponding budget appropriations to the new agency for the operational management of large-scale IT systems;

| 55. | Takes note of the significant increase in commitments and comparatively low level of payments for SIS II; points out that, according to the global schedule for SIS II, in 2013 its development and migration should be completed and the IT Agency will take over the management of the system; challenges, therefore, the significant budget increase far beyond its original financial planning at such a late stage, just before the SIS II is to become operational; recommends maintaining a substantial part of the budget for SIS II in the reserve until its operational progress and compliance with the financial planning have been justified; |
| --- | --- |

55.

Takes note of the significant increase in commitments and comparatively low level of payments for SIS II; points out that, according to the global schedule for SIS II, in 2013 its development and migration should be completed and the IT Agency will take over the management of the system; challenges, therefore, the significant budget increase far beyond its original financial planning at such a late stage, just before the SIS II is to become operational; recommends maintaining a substantial part of the budget for SIS II in the reserve until its operational progress and compliance with the financial planning have been justified;

| 56. | Appreciates the increase by EUR 9,8 million compared to the 2012 budget proposed by the Commission for the European Refugee Fund, which is coherent with the line taken in previous years and the ongoing implementation of a Common European Asylum System; takes notes of the 19 % increase in the External Borders Fund's budget allocation, to EUR 415,5 million, which is limited to half that foreseen by the financial programming; recalls its firm request for an appropriate and balanced answer to the challenges, with a view to the management of legal migration and slowing-down of illegal migration; |
| --- | --- |

56.

Appreciates the increase by EUR 9,8 million compared to the 2012 budget proposed by the Commission for the European Refugee Fund, which is coherent with the line taken in previous years and the ongoing implementation of a Common European Asylum System; takes notes of the 19 % increase in the External Borders Fund's budget allocation, to EUR 415,5 million, which is limited to half that foreseen by the financial programming; recalls its firm request for an appropriate and balanced answer to the challenges, with a view to the management of legal migration and slowing-down of illegal migration;

| 57. | Stresses that measures aimed at combating gender violence must be sufficiently funded; emphasises the important role that the programme for preventing and combating all forms of violence (Daphne) has played in eliminating violence against women and girls in the EU, and stresses the importance of increasing its funding in 2013; |
| --- | --- |

57.

Stresses that measures aimed at combating gender violence must be sufficiently funded; emphasises the important role that the programme for preventing and combating all forms of violence (Daphne) has played in eliminating violence against women and girls in the EU, and stresses the importance of increasing its funding in 2013;

Heading 3b

| 58. | Recalls that Heading 3b, though the smallest heading of the MFF in terms of financial allocation, covers issues of key concern to the citizens of Europe, such as youth, educational and cultural programmes, public health, consumer protection, the civil protection instrument and communication policy; deplores, therefore, the fact that again for 2013 the overall appropriations under this Heading, compared to 2012 budget, are to be reduced, with a cut in CA of 1,2 % (EUR 26,08 million) and in PA of 0,4 %, excluding the Solidarity Fund; |
| --- | --- |

58.

Recalls that Heading 3b, though the smallest heading of the MFF in terms of financial allocation, covers issues of key concern to the citizens of Europe, such as youth, educational and cultural programmes, public health, consumer protection, the civil protection instrument and communication policy; deplores, therefore, the fact that again for 2013 the overall appropriations under this Heading, compared to 2012 budget, are to be reduced, with a cut in CA of 1,2 % (EUR 26,08 million) and in PA of 0,4 %, excluding the Solidarity Fund;

| 59. | Welcomes, given its sound implementation in previous years, the increased funding in 2013 for the Youth in Action programme (to EUR 140,45 million), which represents an increase of EUR 0,8 million compared to the 2012 budget and EUR 16,5 million compared to the Financial programming; |
| --- | --- |

59.

Welcomes, given its sound implementation in previous years, the increased funding in 2013 for the Youth in Action programme (to EUR 140,45 million), which represents an increase of EUR 0,8 million compared to the 2012 budget and EUR 16,5 million compared to the Financial programming;

| 60. | Appreciates the increases in commitments compared to the 2012 budget for the Culture programme (+ 1,4 %), Media 2007 (+ 1,1 %) and Union action in the field of health (+ 3,1 %), but regrets the cuts in appropriations compared to the 2012 budget for the Europe for Citizens programme - especially during the European Year of Citizens - as well as for Union action in the field of consumer policy and Media Mundus; |
| --- | --- |

60.

Appreciates the increases in commitments compared to the 2012 budget for the Culture programme (+ 1,4 %), Media 2007 (+ 1,1 %) and Union action in the field of health (+ 3,1 %), but regrets the cuts in appropriations compared to the 2012 budget for the Europe for Citizens programme - especially during the European Year of Citizens - as well as for Union action in the field of consumer policy and Media Mundus;

| 61. | Regrets the decreased volume of commitments for communication actions compared to the 2012 budget, at a time when the gap between the European Union and its citizens is more evident than ever, as shown in the ever-diminishing turnout in European elections; is convinced of the need for reinforced communication efforts and commensurate funding in order to ensure the visibility of the Union institutions and demonstrate their contribution to overcoming the economic and financial crisis; |
| --- | --- |

61.

Regrets the decreased volume of commitments for communication actions compared to the 2012 budget, at a time when the gap between the European Union and its citizens is more evident than ever, as shown in the ever-diminishing turnout in European elections; is convinced of the need for reinforced communication efforts and commensurate funding in order to ensure the visibility of the Union institutions and demonstrate their contribution to overcoming the economic and financial crisis;

| 62. | Underlines the fact that again this year a very limited margin (EUR 25,6 million) is left available under this heading, which will leave little room for manoeuvre should new actions or decisions on funding priorities directly relevant to the citizens be needed; |
| --- | --- |

62.

Underlines the fact that again this year a very limited margin (EUR 25,6 million) is left available under this heading, which will leave little room for manoeuvre should new actions or decisions on funding priorities directly relevant to the citizens be needed;

Heading 4

| 63. | Notes that the commitment and payment appropriations presented in the DB 2013 mark an increase of 0,7 % and 5,1 %, as compared to the 2012 budget, to EUR 9 467,2 and EUR 7 311,6 million respectively; points out that these increases remain below that proposed by the Commission for the budget as a whole; |
| --- | --- |

63.

Notes that the commitment and payment appropriations presented in the DB 2013 mark an increase of 0,7 % and 5,1 %, as compared to the 2012 budget, to EUR 9 467,2 and EUR 7 311,6 million respectively; points out that these increases remain below that proposed by the Commission for the budget as a whole;

| 64. | Recalls the need for closer coordination and coherence of efforts in the financing of external actions by the Union and the Member States, in order to avoid overlaps and duplication of scarce resources; underlines the need to foster cooperation and synchronisation of actions with other international, local and regional donors in order to optimise the use of funds and create synergies; believes that in times of economic hardship it is also important to enhance flexibility in the programming and implementation of instruments and complement scarce resources with instruments having leverage effects that would enable the use and reuse of the funds invested and generated; |
| --- | --- |

64.

Recalls the need for closer coordination and coherence of efforts in the financing of external actions by the Union and the Member States, in order to avoid overlaps and duplication of scarce resources; underlines the need to foster cooperation and synchronisation of actions with other international, local and regional donors in order to optimise the use of funds and create synergies; believes that in times of economic hardship it is also important to enhance flexibility in the programming and implementation of instruments and complement scarce resources with instruments having leverage effects that would enable the use and reuse of the funds invested and generated;

| 65. | Notes the significant increase of EUR 272,3 million in the proposed margin for Heading 4 compared to the financial programming for 2013 (from EUR 119,6 million to EUR 391,9 million), which reflects the net effect of the increase in commitments for ENPI (reinforced by EUR 51,7 million), ICI and ICI + (above the financial programming, at EUR 0,3 million) and decreasing the growth in commitments for the Guarantee Fund (EUR – 104,5 million), the Instrument for Pre-Accession Assistance (EUR – 99,3 million), macrofinancial assistance (EUR – 37,4 million), the Development Cooperation Instrument (EUR – 28,6 million), and the Instrument for Stability (EUR – 41,4 million); calls on the Commission to provide sufficient explanation as to why such a significant scaling-down of some programmes was needed compared to the financial programming; stresses that, while the principle of scaling down programs that are underimplemented could be welcomed if it produces efficiency savings, appropriations should not be cut across the board; warns that the use of an artificially high margin as a negotiating tool in the budgetary procedure cannot be considered as a sound budgetary practice; |
| --- | --- |

65.

Notes the significant increase of EUR 272,3 million in the proposed margin for Heading 4 compared to the financial programming for 2013 (from EUR 119,6 million to EUR 391,9 million), which reflects the net effect of the increase in commitments for ENPI (reinforced by EUR 51,7 million), ICI and ICI + (above the financial programming, at EUR 0,3 million) and decreasing the growth in commitments for the Guarantee Fund (EUR – 104,5 million), the Instrument for Pre-Accession Assistance (EUR – 99,3 million), macrofinancial assistance (EUR – 37,4 million), the Development Cooperation Instrument (EUR – 28,6 million), and the Instrument for Stability (EUR – 41,4 million); calls on the Commission to provide sufficient explanation as to why such a significant scaling-down of some programmes was needed compared to the financial programming; stresses that, while the principle of scaling down programs that are underimplemented could be welcomed if it produces efficiency savings, appropriations should not be cut across the board; warns that the use of an artificially high margin as a negotiating tool in the budgetary procedure cannot be considered as a sound budgetary practice;

| 66. | Regrets, in particular, the ongoing decrease of appropriations in the field of development cooperation; wonders how this is compatible with the EU’s international commitments in terms of allocating, by 2015, 0,7 % of GNP to the Millennium Development Goals; regrets the fact that the total level of commitments under the Development Cooperation Instrument (DCI) as proposed in DB 2013 represents an increase of less than the estimated inflation rate, and that the proposed total DCI payment level is below that of 2012; calls on the Commission to ensure a more coherent, realistic and better planned approach to the financing of DCI; |
| --- | --- |

66.

Regrets, in particular, the ongoing decrease of appropriations in the field of development cooperation; wonders how this is compatible with the EU’s international commitments in terms of allocating, by 2015, 0,7 % of GNP to the Millennium Development Goals; regrets the fact that the total level of commitments under the Development Cooperation Instrument (DCI) as proposed in DB 2013 represents an increase of less than the estimated inflation rate, and that the proposed total DCI payment level is below that of 2012; calls on the Commission to ensure a more coherent, realistic and better planned approach to the financing of DCI;

| 67. | Notes the proposal to increase appropriations under the European Neighbourhood Instrument, addressing the needs of countries facing major political and economic change; welcomes the focus on the Eastern Partnership, and reaffirms its support for the countries constituting its southern component as they face challenges of historical proportions in the wake of the Arab Spring; considers the Commission’s reporting on the application of the ‘more for more’ principle to be insufficient, and calls on it to develop clear criteria for how it is to be implemented; |
| --- | --- |

67.

Notes the proposal to increase appropriations under the European Neighbourhood Instrument, addressing the needs of countries facing major political and economic change; welcomes the focus on the Eastern Partnership, and reaffirms its support for the countries constituting its southern component as they face challenges of historical proportions in the wake of the Arab Spring; considers the Commission’s reporting on the application of the ‘more for more’ principle to be insufficient, and calls on it to develop clear criteria for how it is to be implemented;

| 68. | Considers that a sufficient level of EU financial assistance to the Palestinian Authority and UNRWA is still needed in order to adequately and comprehensively respond to the political and humanitarian situation in the Middle East and the peace process; stresses the particularly difficult situation faced by UNWRA at the moment, notably following the events in Syria; notes that the net effect of the increase in commitments for ENPI is mainly due to the fact of maintaining support for the occupied Palestinian territories at the level of the 2012 draft budget; |
| --- | --- |

68.

Considers that a sufficient level of EU financial assistance to the Palestinian Authority and UNRWA is still needed in order to adequately and comprehensively respond to the political and humanitarian situation in the Middle East and the peace process; stresses the particularly difficult situation faced by UNWRA at the moment, notably following the events in Syria; notes that the net effect of the increase in commitments for ENPI is mainly due to the fact of maintaining support for the occupied Palestinian territories at the level of the 2012 draft budget;

| 69. | Stresses that, thanks to Parliament’s strong commitment, the EU’s annual contribution to the Palestinian Authority, UNRWA and the Middle East peace process over the last years amounts to EUR 300 million, and recalls that the budgetary authority has, in the course of the budgetary conciliation, agreed to an allocation of EUR 200 million for the year 2012, conditioned by a sine qua non supplementary increase of EUR 100 million for the 2011 financial year stemming from unused appropriations; calls for a funding commitment that reflects actual needs from the beginning of the budget year, in order to ensure that the EU can effectively support sustainable peace-building; insists that strict financial controls must be imposed and a detailed breakdown and evaluation of expenditure must be forwarded to Parliament; |
| --- | --- |

69.

Stresses that, thanks to Parliament’s strong commitment, the EU’s annual contribution to the Palestinian Authority, UNRWA and the Middle East peace process over the last years amounts to EUR 300 million, and recalls that the budgetary authority has, in the course of the budgetary conciliation, agreed to an allocation of EUR 200 million for the year 2012, conditioned by a sine qua non supplementary increase of EUR 100 million for the 2011 financial year stemming from unused appropriations; calls for a funding commitment that reflects actual needs from the beginning of the budget year, in order to ensure that the EU can effectively support sustainable peace-building; insists that strict financial controls must be imposed and a detailed breakdown and evaluation of expenditure must be forwarded to Parliament;

| 70. | Acknowledges the fact that with the accession of Croatia to the Union, a reduction of EUR 67,6 million will be made to the IPA allocations; is nevertheless concerned that the Commission is proposing a greater than expected reduction in support for institutional capacity building for candidate countries, with the cut in IPA allocations for Croatia (EUR – 29,14 million in total as compared to 2012), while the same line for potential candidate countries is reinforced (EUR + 10,5 million compared to 2012); recalls that institutional capacity is of utmost importance for the proper use of Union funding and is equally important for both candidate and potential candidate countries; welcomes the proposed increase in CA for IPA rural development of 10,2 % compared to the 2012 budget; |
| --- | --- |

70.

Acknowledges the fact that with the accession of Croatia to the Union, a reduction of EUR 67,6 million will be made to the IPA allocations; is nevertheless concerned that the Commission is proposing a greater than expected reduction in support for institutional capacity building for candidate countries, with the cut in IPA allocations for Croatia (EUR – 29,14 million in total as compared to 2012), while the same line for potential candidate countries is reinforced (EUR + 10,5 million compared to 2012); recalls that institutional capacity is of utmost importance for the proper use of Union funding and is equally important for both candidate and potential candidate countries; welcomes the proposed increase in CA for IPA rural development of 10,2 % compared to the 2012 budget;

| 71. | Reiterates that, especially in times of austerity, commitment appropriations should be carefully planned for each CFSP budgetary line in order to guarantee that EU money is streamlined towards the measures where it is mostly needed, wherever possible taking into consideration the flexibility and unpredictability of CFSP operations; in this context, welcomes calls for greater synergies through, inter alia, the pooling, sharing and integration of capabilities and through improved performance, planning and conducting of missions and operations; welcomes efforts for a transparent and complete overview of all CFSP missions; will carefully analyse the increase of 9,2 % in CA for the CFSP in 2013; |
| --- | --- |

71.

Reiterates that, especially in times of austerity, commitment appropriations should be carefully planned for each CFSP budgetary line in order to guarantee that EU money is streamlined towards the measures where it is mostly needed, wherever possible taking into consideration the flexibility and unpredictability of CFSP operations; in this context, welcomes calls for greater synergies through, inter alia, the pooling, sharing and integration of capabilities and through improved performance, planning and conducting of missions and operations; welcomes efforts for a transparent and complete overview of all CFSP missions; will carefully analyse the increase of 9,2 % in CA for the CFSP in 2013;

| 72. | Recognises the need to react to the transregional challenges posed by organised crime, trafficking, the need to protect critical infrastructure, threats to public health and the fight against terrorism; however, calls on the Commission to provide evidence as to why an increase of 50 % is needed for these measures in 2013; |
| --- | --- |

72.

Recognises the need to react to the transregional challenges posed by organised crime, trafficking, the need to protect critical infrastructure, threats to public health and the fight against terrorism; however, calls on the Commission to provide evidence as to why an increase of 50 % is needed for these measures in 2013;

Heading 5

| 73. | Notes that total administrative expenditure for all institutions is estimated at EUR 8 544,4 million, representing an increase of 3,2 % as compared to 2012 and leaving a margin of EUR 636,6 million, including additional expenditure linked to Croatia's accession; |
| --- | --- |

73.

Notes that total administrative expenditure for all institutions is estimated at EUR 8 544,4 million, representing an increase of 3,2 % as compared to 2012 and leaving a margin of EUR 636,6 million, including additional expenditure linked to Croatia's accession;

| 74. | Acknowledges that most institutions, including the European Parliament, have made an effort to restrict their administrative budgets to an increase below the expected inflation rate, excluding the cost of enlargement to Croatia; in this context, underlines the need for the long-term rationalisation of administrative resources, and insists on the need to strengthen interinstitutional cooperation in areas such as human resources, translation and interpretation, buildings, and information technology; |
| --- | --- |

74.

Acknowledges that most institutions, including the European Parliament, have made an effort to restrict their administrative budgets to an increase below the expected inflation rate, excluding the cost of enlargement to Croatia; in this context, underlines the need for the long-term rationalisation of administrative resources, and insists on the need to strengthen interinstitutional cooperation in areas such as human resources, translation and interpretation, buildings, and information technology;

| 75. | Stresses that the increase of 3,2 % as compared to 2012 is mainly due to statutory or contractual obligations such as pensions or salary adjustments; notes, however, that the Commission has complied with and even overstepped its commitment to keep the nominal increase in its administrative appropriations under Heading 5 below the forecast inflation rate of 1,9 % as compared to 2012, as explained in the letter of 23 January 2012 from the Commissioner for Budgets and Financial Programming; |
| --- | --- |

75.

Stresses that the increase of 3,2 % as compared to 2012 is mainly due to statutory or contractual obligations such as pensions or salary adjustments; notes, however, that the Commission has complied with and even overstepped its commitment to keep the nominal increase in its administrative appropriations under Heading 5 below the forecast inflation rate of 1,9 % as compared to 2012, as explained in the letter of 23 January 2012 from the Commissioner for Budgets and Financial Programming;

| 76. | Understands that this was achieved through a reduction in the number of posts in the Commission’s establishment plan by more than 1 % already for 2013, notably in the areas of administrative support, budgetary management and anti-fraud, as well as through further cuts in other items of administrative expenditure; requires further explanation as to the actual need to proceed to such staff reductions and thus freeze administrative expenditure in real terms, when the Commission managed to freeze its administrative expenditure in nominal terms in 2012 without resorting to any staff cuts; |
| --- | --- |

76.

Understands that this was achieved through a reduction in the number of posts in the Commission’s establishment plan by more than 1 % already for 2013, notably in the areas of administrative support, budgetary management and anti-fraud, as well as through further cuts in other items of administrative expenditure; requires further explanation as to the actual need to proceed to such staff reductions and thus freeze administrative expenditure in real terms, when the Commission managed to freeze its administrative expenditure in nominal terms in 2012 without resorting to any staff cuts;

| 77. | Welcomes this effort towards budget consolidation in administrative expenditure at a time of economic and budgetary constraints at national level; recognises the need for all EU institutions to share the efforts of this consolidation; is, however, concerned at the adverse impact such measures may have on the swift, regular and effective implementation of EU actions and programmes by a modern administration, given in particular the need to reward performance and quality of service, taking account of geographical balance, especially at a time when the EU’s competences continue to increase and new Member States join the Union; welcomes the information given on those areas which are reinforced in staffing, such as European economic governance, the single market and security and justice, but asks for similar information on those policy areas and types of post where cuts in staffing were made as compared to 2012; |
| --- | --- |

77.

Welcomes this effort towards budget consolidation in administrative expenditure at a time of economic and budgetary constraints at national level; recognises the need for all EU institutions to share the efforts of this consolidation; is, however, concerned at the adverse impact such measures may have on the swift, regular and effective implementation of EU actions and programmes by a modern administration, given in particular the need to reward performance and quality of service, taking account of geographical balance, especially at a time when the EU’s competences continue to increase and new Member States join the Union; welcomes the information given on those areas which are reinforced in staffing, such as European economic governance, the single market and security and justice, but asks for similar information on those policy areas and types of post where cuts in staffing were made as compared to 2012;

| 78. | Reiterates, against this background, that any such staff reduction should be based on a prior impact assessment and take full account of, inter alia, the Union's legal obligations, the EU’s priorities and the institutions' new competences and increased tasks arising from the treaties; stresses that such assessment should also take carefully into account the effects on the different Directorates-General and services, given their size and workload notably, as well as on the different types of posts concerned as presented in the Commission's annual screening of human resources (policymaking, programme management, administrative support, budgetary management and anti-fraud activities, language services, etc); |
| --- | --- |

78.

Reiterates, against this background, that any such staff reduction should be based on a prior impact assessment and take full account of, inter alia, the Union's legal obligations, the EU’s priorities and the institutions' new competences and increased tasks arising from the treaties; stresses that such assessment should also take carefully into account the effects on the different Directorates-General and services, given their size and workload notably, as well as on the different types of posts concerned as presented in the Commission's annual screening of human resources (policymaking, programme management, administrative support, budgetary management and anti-fraud activities, language services, etc);

| 79. | Emphasises that for many areas of EU action, sufficient staffing should be ensured in view of the stage of implementation of programmes, new priorities and other developments; will therefore carefully scrutinise the overall evolution of staff levels in the different DGs and services, also in the light of the priorities presented in this report; in addition to providing more detailed information in this regard, asks the Commission to proceed to a similar detailed assessment of the impact of the proposed across-the-board staff cuts, also taking into account in the longer term any further reduction in Commission staffing, and to report back to Parliament; insists that this must be a prerequisite for the budgetary authority to consider accepting, depending on its outcome, the 1 % staff reduction for 2013; |
| --- | --- |

79.

Emphasises that for many areas of EU action, sufficient staffing should be ensured in view of the stage of implementation of programmes, new priorities and other developments; will therefore carefully scrutinise the overall evolution of staff levels in the different DGs and services, also in the light of the priorities presented in this report; in addition to providing more detailed information in this regard, asks the Commission to proceed to a similar detailed assessment of the impact of the proposed across-the-board staff cuts, also taking into account in the longer term any further reduction in Commission staffing, and to report back to Parliament; insists that this must be a prerequisite for the budgetary authority to consider accepting, depending on its outcome, the 1 % staff reduction for 2013;

| 80. | Takes the view that questions remain about the high number of costly management positions at high grade levels among the staff of the European External Action Service; therefore requests the EEAS to provide additional information, in particular regarding the significant increase (+ 9,2 %) in AD 14 posts proposed in the draft budget; requests likewise further information on the large increases in proposed appropriations for security and surveillance of buildings (+ 57,2 %); |
| --- | --- |

80.

Takes the view that questions remain about the high number of costly management positions at high grade levels among the staff of the European External Action Service; therefore requests the EEAS to provide additional information, in particular regarding the significant increase (+ 9,2 %) in AD 14 posts proposed in the draft budget; requests likewise further information on the large increases in proposed appropriations for security and surveillance of buildings (+ 57,2 %);

| 81. | Is convinced that prevention and mediation are among the most cost-efficient ways to manage conflicts by preventing them from escalating into violence; welcomes, therefore, the proposal to introduce a budget line amounting to EUR 500 000 for Conflict Prevention and Mediation Support Services in the EEAS budget, following the successful completion at the end of this year of a preparatory action proposed by Parliament; |
| --- | --- |

81.

Is convinced that prevention and mediation are among the most cost-efficient ways to manage conflicts by preventing them from escalating into violence; welcomes, therefore, the proposal to introduce a budget line amounting to EUR 500 000 for Conflict Prevention and Mediation Support Services in the EEAS budget, following the successful completion at the end of this year of a preparatory action proposed by Parliament;

| 82. | Takes the view that the European Schools should be adequately funded in the interests of addressing the specific situation of the children of employees of the EU institutions; takes note of the proposed overall allocation of 180,7 million, which represents a 6,8 % increase as compared to 2012, and is above the financial programming amounts; will nonetheless carefully scrutinise the budget lines for each of the European Schools, and will make, during its reading, any modification it considers appropriate in this respect; |
| --- | --- |

82.

Takes the view that the European Schools should be adequately funded in the interests of addressing the specific situation of the children of employees of the EU institutions; takes note of the proposed overall allocation of 180,7 million, which represents a 6,8 % increase as compared to 2012, and is above the financial programming amounts; will nonetheless carefully scrutinise the budget lines for each of the European Schools, and will make, during its reading, any modification it considers appropriate in this respect;

Pilot projects – preparatory actions

| 83. | Stresses the importance of pilot projects and preparatory actions as key tools for the formulation of political priorities and for paving the way for new long-term initiatives, both at regional and EU level, that might turn into EU activities and programmes improving the lives of EU citizens; intends to proceed to the identification of a balanced package of PP-Pas, based on the Commission's assessment and recommendations and on careful consideration of the sustainability and durability of the expected results; |
| --- | --- |

83.

Stresses the importance of pilot projects and preparatory actions as key tools for the formulation of political priorities and for paving the way for new long-term initiatives, both at regional and EU level, that might turn into EU activities and programmes improving the lives of EU citizens; intends to proceed to the identification of a balanced package of PP-Pas, based on the Commission's assessment and recommendations and on careful consideration of the sustainability and durability of the expected results;

| 84. | Will forward to the Commission, pursuant to Annex II, part D of the IIA, a first provisional list of potential PPs and PAs for the Budget 2013; expects the Commission to provide a well-reasoned analysis of Parliament's indicative proposals; stresses that this provisional list does not preclude the formal tabling and adoption of amendments concerning pilot projects and preparatory actions during Parliament’s reading of the budget; |
| --- | --- |

84.

Will forward to the Commission, pursuant to Annex II, part D of the IIA, a first provisional list of potential PPs and PAs for the Budget 2013; expects the Commission to provide a well-reasoned analysis of Parliament's indicative proposals; stresses that this provisional list does not preclude the formal tabling and adoption of amendments concerning pilot projects and preparatory actions during Parliament’s reading of the budget;

| 85. | Recalls that under the 2012 budget a total of 70 pilot projects and preparatory actions were adopted, amounting to EUR 105,45 million in CA across all headings; points out that, should the budgetary authority adopt for 2013 pilot projects and preparatory actions at a similar level and with a similar breakdown among headings, 54 % of the margin under Heading 1a, 27 % of that under Heading 3a and 37 % of that under Heading 3b would already be used up; |
| --- | --- |

85.

Recalls that under the 2012 budget a total of 70 pilot projects and preparatory actions were adopted, amounting to EUR 105,45 million in CA across all headings; points out that, should the budgetary authority adopt for 2013 pilot projects and preparatory actions at a similar level and with a similar breakdown among headings, 54 % of the margin under Heading 1a, 27 % of that under Heading 3a and 37 % of that under Heading 3b would already be used up;

| 86. | Takes note of the Commission's proposals for four preparatory actions and two pilot projects for a total amount of EUR 15,5 million in CA; intends to carefully analyse the objectives and contents of these proposals and check the amounts requested; |
| --- | --- |

86.

Takes note of the Commission's proposals for four preparatory actions and two pilot projects for a total amount of EUR 15,5 million in CA; intends to carefully analyse the objectives and contents of these proposals and check the amounts requested;

Agencies

| 87. | Notes the overall level of EUR 748 million (i.e. 0,5 % of the total EU budget) devoted to the decentralised EU agencies in DB 2013, resulting in an increase in the total EU contribution (including assigned revenue) as compared to the 2012 budget amounting to EUR 24 million, or + 3,2 %; is aware that this increase is accounted for mainly by the eight phasing-in agencies, in view of the need to provide them with adequate funding, and by the seven agencies whose tasks have been extended, so as not to hinder their performance; notes that the EU contribution to the agencies at cruising speed is decreasing in nominal terms, with, however, an increase in staffing of 1,2 %; notes that the agencies now have a total of 5 115 establishment plan posts overall, i.e. an increase of 257 posts, mainly concerning agencies with new tasks or in their start-up phase; |
| --- | --- |

87.

Notes the overall level of EUR 748 million (i.e. 0,5 % of the total EU budget) devoted to the decentralised EU agencies in DB 2013, resulting in an increase in the total EU contribution (including assigned revenue) as compared to the 2012 budget amounting to EUR 24 million, or + 3,2 %; is aware that this increase is accounted for mainly by the eight phasing-in agencies, in view of the need to provide them with adequate funding, and by the seven agencies whose tasks have been extended, so as not to hinder their performance; notes that the EU contribution to the agencies at cruising speed is decreasing in nominal terms, with, however, an increase in staffing of 1,2 %; notes that the agencies now have a total of 5 115 establishment plan posts overall, i.e. an increase of 257 posts, mainly concerning agencies with new tasks or in their start-up phase;

| 88. | Notes that for the first time the Commission has cut the budgetary requests of almost all the agencies, which were in line with the financial programming amounts overall; this includes those agencies whose tasks fall under Parliament's priorities, involving a total amount of some EUR 44 million; recalls that a careful analysis of the methodology, rationale and possible impact of such cuts is necessary with regard to several resolutions, the most recent being the 2010 discharge, which stress that the review of the agencies by the IWG should lead to structural improvements in their impact and cost-efficiency, inter alia by identifying areas of duplication and overlap amongst existing agencies; stresses once more that the EU agencies‘ budget allocations are far from consisting of administrative expenditure alone, but, rather, contribute to achieving the Europe 2020 goals and the EU’s objectives in general, while aiming at making savings at national level, as decided by the legislative authority; |
| --- | --- |

88.

Notes that for the first time the Commission has cut the budgetary requests of almost all the agencies, which were in line with the financial programming amounts overall; this includes those agencies whose tasks fall under Parliament's priorities, involving a total amount of some EUR 44 million; recalls that a careful analysis of the methodology, rationale and possible impact of such cuts is necessary with regard to several resolutions, the most recent being the 2010 discharge, which stress that the review of the agencies by the IWG should lead to structural improvements in their impact and cost-efficiency, inter alia by identifying areas of duplication and overlap amongst existing agencies; stresses once more that the EU agencies‘ budget allocations are far from consisting of administrative expenditure alone, but, rather, contribute to achieving the Europe 2020 goals and the EU’s objectives in general, while aiming at making savings at national level, as decided by the legislative authority;

*

* *

| 89. | Considers the following issues to be of specific interest for the trilogue due to take place on 9 July 2012:






  — | a sufficient level of payments to allow for the 2012 June European Council commitment to mobilise EU budget funds for fast-acting growth measures to be implemented without any delay and within the current MFF; |
| --- | --- | --- |

89.

Considers the following issues to be of specific interest for the trilogue due to take place on 9 July 2012:

—

a sufficient level of payments to allow for the 2012 June European Council commitment to mobilise EU budget funds for fast-acting growth measures to be implemented without any delay and within the current MFF;

| — | support for growth, competitiveness and employment, and particularly for SMEs and youth, in the budget for 2013; |
| --- | --- |

—

support for growth, competitiveness and employment, and particularly for SMEs and youth, in the budget for 2013;

| — | a sufficient level of payment appropriations to cover the increasing needs of running projects, in particular under Headings 1a, 1b and 2, at the end of the programming period; |
| --- | --- |

—

a sufficient level of payment appropriations to cover the increasing needs of running projects, in particular under Headings 1a, 1b and 2, at the end of the programming period;

| — | the problem of outstanding commitments (RAL); |
| --- | --- |

—

the problem of outstanding commitments (RAL);

| — | an amending budget for 2012, in order to cover past and current payment needs and avoid shifting 2012 payments to 2013 as was the case this year; |
| --- | --- |

—

an amending budget for 2012, in order to cover past and current payment needs and avoid shifting 2012 payments to 2013 as was the case this year;

| — | a sufficient level of commitment appropriations - more Europe in times of crisis; |
| --- | --- |

—

a sufficient level of commitment appropriations - more Europe in times of crisis;

| — | an interinstitutional meeting on payments; |
| --- | --- |

—

an interinstitutional meeting on payments;

| — | financing of ITER in the 2013 budget; |
| --- | --- |

—

financing of ITER in the 2013 budget;

| — | the discrepancy between financial programming and the DB 2013 in the case of Heading 4; |
| --- | --- |

—

the discrepancy between financial programming and the DB 2013 in the case of Heading 4;

| 90. | Instructs its President to forward this resolution to the Commission and Council. |
| --- | --- |

90.

Instructs its President to forward this resolution to the Commission and Council.

---

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  Texts adopted, P7_TA(2012)0077.

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| 29.11.2013 | EN | Official Journal of the European Union | CE 349/62 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/62

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Wednesday 4 July 2012Strategy for the protection and welfare of animals

P7_TA(2012)0290

European Parliament resolution of 4 July 2012 on the European Union Strategy for the Protection and Welfare of Animals 2012–2015 (2012/2043(INI))

2013/C 349 E/07

The European Parliament,

| — | having regard to the Commission Communication of 19 January 2012 on an EU Strategy for the Protection and Welfare of Animals 2012–2015 (COM(2012)0006), |
| --- | --- |

—

having regard to the Commission Communication of 19 January 2012 on an EU Strategy for the Protection and Welfare of Animals 2012–2015 (COM(2012)0006),

| — | having regard to Articles 7 and 13 of the Treaty of the Functioning of the European Union, |
| --- | --- |

—

having regard to Articles 7 and 13 of the Treaty of the Functioning of the European Union,

| — | having regard to its resolution of 12 October 2006 on a Community Action Plan on the protection and welfare of Animals 2006–2010 (1), |
| --- | --- |

—

having regard to its resolution of 12 October 2006 on a Community Action Plan on the protection and welfare of Animals 2006–2010 (1),

| — | having regard to its resolution of 22 May 2008 on a new animal health strategy for the European union 2007–2013 (2), |
| --- | --- |

—

having regard to its resolution of 22 May 2008 on a new animal health strategy for the European union 2007–2013 (2),

| — | having regard to its position of 6 May 2009 on the proposal for a Council regulation on the protection of animals at the time of killing (3), |
| --- | --- |

—

having regard to its position of 6 May 2009 on the proposal for a Council regulation on the protection of animals at the time of killing (3),

| — | having regard to its resolution of 5 May 2010 on evaluation and assessment of the animal welfare action plan 2006–2010 (4), |
| --- | --- |

—

having regard to its resolution of 5 May 2010 on evaluation and assessment of the animal welfare action plan 2006–2010 (4),

| — | having regard to its resolution of 12 May 2011 on antibiotic resistance (5), |
| --- | --- |

—

having regard to its resolution of 12 May 2011 on antibiotic resistance (5),

| — | having regard to its resolution of 8 March 2011 on EU agriculture and international trade (6), |
| --- | --- |

—

having regard to its resolution of 8 March 2011 on EU agriculture and international trade (6),

| — | having regard to its declaration of 15 March 2012 on the establishment of a maximum 8-hour journey limit for animals transported in the European Union for the purpose of being slaughtered (7); |
| --- | --- |

—

having regard to its declaration of 15 March 2012 on the establishment of a maximum 8-hour journey limit for animals transported in the European Union for the purpose of being slaughtered (7);

| — | having regard to its declaration of 13 October 2011 on dog population management in the European Union (8), |
| --- | --- |

—

having regard to its declaration of 13 October 2011 on dog population management in the European Union (8),

| — | having regard to the Agriculture and Fisheries Council Conclusions of 29 November 2010 on the welfare of dogs and cats, |
| --- | --- |

—

having regard to the Agriculture and Fisheries Council Conclusions of 29 November 2010 on the welfare of dogs and cats,

| — | having regard to the Commission Communication of 15 November 2011 on an action plan against antimicrobial resistance (COM(2011)0748), |
| --- | --- |

—

having regard to the Commission Communication of 15 November 2011 on an action plan against antimicrobial resistance (COM(2011)0748),

| — | having regard to the Commission Communication of 10 November 2011 on the impact of the Council Regulation (EC) No 1/2005 on the protection of animals during transport (COM(2011)0700), |
| --- | --- |

—

having regard to the Commission Communication of 10 November 2011 on the impact of the Council Regulation (EC) No 1/2005 on the protection of animals during transport (COM(2011)0700),

| — | having regard to the European Food Safety Authority (EFSA) scientific opinion of 2 December 2010 on animal welfare during transport (9), |
| --- | --- |

—

having regard to the European Food Safety Authority (EFSA) scientific opinion of 2 December 2010 on animal welfare during transport (9),

| — | having regard to the EFSA scientific opinion of 13 December 2011 on Guidance on Risk Assessment for Animal Welfare (10), |
| --- | --- |

—

having regard to the EFSA scientific opinion of 13 December 2011 on Guidance on Risk Assessment for Animal Welfare (10),

| — | having regard to the World Organisation for Animal Health (OIE) definition of animal welfare (11), |
| --- | --- |

—

having regard to the World Organisation for Animal Health (OIE) definition of animal welfare (11),

| — | having regard to the twelve additional Principles and criteria of good Animal Welfare developed by the Welfare Quality Project (12), |
| --- | --- |

—

having regard to the twelve additional Principles and criteria of good Animal Welfare developed by the Welfare Quality Project (12),

| — | having regard to Council Decision 78/923/EEC of 19 June 1978 concerning the conclusion of the European Convention for the protection of animals kept for farming purposes (13), |
| --- | --- |

—

having regard to Council Decision 78/923/EEC of 19 June 1978 concerning the conclusion of the European Convention for the protection of animals kept for farming purposes (13),

| — | having regard to the European Convention for the Protection of Pet Animals (14), |
| --- | --- |

—

having regard to the European Convention for the Protection of Pet Animals (14),

| — | having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (15), |
| --- | --- |

—

having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (15),

| — | having regard to Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (16), |
| --- | --- |

—

having regard to Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (16),

| — | having regard to Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (17), |
| --- | --- |

—

having regard to Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (17),

| — | having regard to the Communication from the Commission of 24 July 2009 on mainstreaming sustainable development into EU policies and on the 2009 Review of the European Union Strategy for Sustainable Development (COM(2009)0400), |
| --- | --- |

—

having regard to the Communication from the Commission of 24 July 2009 on mainstreaming sustainable development into EU policies and on the 2009 Review of the European Union Strategy for Sustainable Development (COM(2009)0400),

| — | having regard to the Commission Communication of 28 October 2009 on options for animal welfare labelling and the establishment of a European Network of Reference Centres for the protection and welfare of animals (COM(2009)0584), |
| --- | --- |

—

having regard to the Commission Communication of 28 October 2009 on options for animal welfare labelling and the establishment of a European Network of Reference Centres for the protection and welfare of animals (COM(2009)0584),

| — | having regard to Rule 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety and the Committee on Petitions (A7-0216/2012), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on the Environment, Public Health and Food Safety and the Committee on Petitions (A7-0216/2012),

| A. | whereas a high level of animal welfare, which is part of sustainable development, is important to protect animal health and to ensure productivity, although it entails additional operating costs that are not distributed proportionately throughout the food chain; |
| --- | --- |

A.

whereas a high level of animal welfare, which is part of sustainable development, is important to protect animal health and to ensure productivity, although it entails additional operating costs that are not distributed proportionately throughout the food chain;

| B. | whereas the deterioration in the state of health of wild animals, whose numbers are increasing in the majority of Member States, could result in an increased spread of contagious diseases to domestic animals and, at the same time, have an adverse effect on public health; |
| --- | --- |

B.

whereas the deterioration in the state of health of wild animals, whose numbers are increasing in the majority of Member States, could result in an increased spread of contagious diseases to domestic animals and, at the same time, have an adverse effect on public health;

| C. | whereas EU and national rules on animal welfare, owing to their complexity and differing interpretations, create legal uncertainty and can put producers in certain Member States at a serious competitive disadvantage; whereas with regards to the implementation of EU law, a lack of compliance, unharmonised standards and the absence of legal milestones distorts competition and results in an unlevel playing field; |
| --- | --- |

C.

whereas EU and national rules on animal welfare, owing to their complexity and differing interpretations, create legal uncertainty and can put producers in certain Member States at a serious competitive disadvantage; whereas with regards to the implementation of EU law, a lack of compliance, unharmonised standards and the absence of legal milestones distorts competition and results in an unlevel playing field;

| D. | whereas national rules on animal welfare must not be contrary to the principles of the EU single market; |
| --- | --- |

D.

whereas national rules on animal welfare must not be contrary to the principles of the EU single market;

| E. | whereas the approach to animal welfare should be based on solid scientific evidence and the best scientific knowledge, keeping in mind the need for simplification, cost-efficiency, applicability of standards and consistency with, in particular, environmental and public health policy; |
| --- | --- |

E.

whereas the approach to animal welfare should be based on solid scientific evidence and the best scientific knowledge, keeping in mind the need for simplification, cost-efficiency, applicability of standards and consistency with, in particular, environmental and public health policy;

| F. | whereas modern consumers reasonably expect farm livestock to be entitled to the same necessities as humans are: good food, good living conditions and appropriate medical care; |
| --- | --- |

F.

whereas modern consumers reasonably expect farm livestock to be entitled to the same necessities as humans are: good food, good living conditions and appropriate medical care;

| G. | whereas animal health standards are of vital importance for livestock management in Europe, which has an increasing impact on the level of competitiveness of agricultural holdings; |
| --- | --- |

G.

whereas animal health standards are of vital importance for livestock management in Europe, which has an increasing impact on the level of competitiveness of agricultural holdings;

| 1. | Welcomes the broad Animal Welfare Strategy for the EU in 2012–2015; |
| --- | --- |

1.

Welcomes the broad Animal Welfare Strategy for the EU in 2012–2015;

| 2. | Recalls that Article 13 of the Treaty is of general application and, as such, is as important as the provisions for environment or consumer protection, and takes legal precedence over all internal market policies; |
| --- | --- |

2.

Recalls that Article 13 of the Treaty is of general application and, as such, is as important as the provisions for environment or consumer protection, and takes legal precedence over all internal market policies;

| 3. | Stresses that animal welfare is a complex and multifaceted issue that has an impact on international and domestic policies, and has important ethical, scientific, economic, cultural and political dimensions; |
| --- | --- |

3.

Stresses that animal welfare is a complex and multifaceted issue that has an impact on international and domestic policies, and has important ethical, scientific, economic, cultural and political dimensions;

| 4. | Welcomes the Commission’s intention to address the issue of compliance with animal welfare law as a matter of priority; |
| --- | --- |

4.

Welcomes the Commission’s intention to address the issue of compliance with animal welfare law as a matter of priority;

| 5. | Welcomes the fact that the strategy paper outlines a policy whereby consumer choice mobilises consumer markets for animal welfare-friendly products and harnesses the forces of the common market for the welfare of farm animals; |
| --- | --- |

5.

Welcomes the fact that the strategy paper outlines a policy whereby consumer choice mobilises consumer markets for animal welfare-friendly products and harnesses the forces of the common market for the welfare of farm animals;

| 6. | Deplores the fact that some actions from the Action Plan for 2006–2010 could not be completed, and calls on the Commission to align the target dates for the new actions to the legal deadlines; |
| --- | --- |

6.

Deplores the fact that some actions from the Action Plan for 2006–2010 could not be completed, and calls on the Commission to align the target dates for the new actions to the legal deadlines;

| 7. | Deplores the fact that the Strategy has not received the financial backing which the Parliament requested in its resolution of 5 May 2010; calls on the Commission to increase this backing by reprioritising, and by ensuring a better and more coherent integration of animal welfare in other EU policy areas, such as consumer policy, research programmes, and the CAP, as appropriate; |
| --- | --- |

7.

Deplores the fact that the Strategy has not received the financial backing which the Parliament requested in its resolution of 5 May 2010; calls on the Commission to increase this backing by reprioritising, and by ensuring a better and more coherent integration of animal welfare in other EU policy areas, such as consumer policy, research programmes, and the CAP, as appropriate;

| 8. | Welcomes the Commission's reform proposals and its commitment to animal welfare; underlines the importance of giving strong support to farmers that respect standards and good practices for animal husbandry and that invest in better farming facilities; underlines the importance of adequate funding for the future CAP, as we need a budget that is compatible with the level of our ambitions; |
| --- | --- |

8.

Welcomes the Commission's reform proposals and its commitment to animal welfare; underlines the importance of giving strong support to farmers that respect standards and good practices for animal husbandry and that invest in better farming facilities; underlines the importance of adequate funding for the future CAP, as we need a budget that is compatible with the level of our ambitions;

| 9. | Underlines that farmers today face multiple challenges, such as climate change, and have to meet numerous requirements, of which good animal welfare is but one; calls, therefore, on the Commission to ensure proper policy coherence in accordance with Article 7 of the Treaty of the Functioning of the EU (TFEU); |
| --- | --- |

9.

Underlines that farmers today face multiple challenges, such as climate change, and have to meet numerous requirements, of which good animal welfare is but one; calls, therefore, on the Commission to ensure proper policy coherence in accordance with Article 7 of the Treaty of the Functioning of the EU (TFEU);

| 10. | Calls on the Member States to make more effective use of the opportunities for assistance offered by the EU rural development funds, and by the Seventh Framework Programme (2007-2013) of DG Research, to promote applied research and to invest in innovative and modern animal welfare solutions; calls on the Member States and the Commission to increase investments in research on and development of new animal welfare techniques and technologies; |
| --- | --- |

10.

Calls on the Member States to make more effective use of the opportunities for assistance offered by the EU rural development funds, and by the Seventh Framework Programme (2007-2013) of DG Research, to promote applied research and to invest in innovative and modern animal welfare solutions; calls on the Member States and the Commission to increase investments in research on and development of new animal welfare techniques and technologies;

| 11. | Regrets that the Strategy fails to make use of the opportunities offered by the Sustainable Consumption and Production, Green Public Procurement and Corporate Social Responsibility policies to promote high levels of animal welfare standards; |
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11.

Regrets that the Strategy fails to make use of the opportunities offered by the Sustainable Consumption and Production, Green Public Procurement and Corporate Social Responsibility policies to promote high levels of animal welfare standards;

| 12. | Urges the Commission to be more ambitious in including and prioritising reciprocity of animal welfare standards, as a non-trade concern in its trade policy and when negotiating multilateral and bilateral international trade agreements, and to promote animal welfare in third countries by requiring equivalent welfare standards for imported animals and products accompanied by strict controls; |
| --- | --- |

12.

Urges the Commission to be more ambitious in including and prioritising reciprocity of animal welfare standards, as a non-trade concern in its trade policy and when negotiating multilateral and bilateral international trade agreements, and to promote animal welfare in third countries by requiring equivalent welfare standards for imported animals and products accompanied by strict controls;

| 13. | Calls on the Commission to evaluate and report on animal welfare standards applying in third countries prior to commencing negotiations on trade agreements; asks the Commission also to carry out this exercise without delay in countries where trade negotiations are currently underway; |
| --- | --- |

13.

Calls on the Commission to evaluate and report on animal welfare standards applying in third countries prior to commencing negotiations on trade agreements; asks the Commission also to carry out this exercise without delay in countries where trade negotiations are currently underway;

| 14. | Calls on the Commission henceforth to refrain from submitting free trade agreements to the European Parliament that fail to ensure that equivalent animal welfare regulations apply to imported products as to European products; |
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14.

Calls on the Commission henceforth to refrain from submitting free trade agreements to the European Parliament that fail to ensure that equivalent animal welfare regulations apply to imported products as to European products;

| 15. | Welcomes also the Commission’s intention to examine how animal welfare can be better integrated in the framework of the European neighbourhood policy; |
| --- | --- |

15.

Welcomes also the Commission’s intention to examine how animal welfare can be better integrated in the framework of the European neighbourhood policy;

| 16. | Calls on the Commission to insist that the WTO rapidly incorporates non-commercial concerns into the Strategy for World Trade, so as to avoid that the competition between EU Member States – required as they are to comply with the most stringent animal welfare standards in the world – and third countries is distorted; |
| --- | --- |

16.

Calls on the Commission to insist that the WTO rapidly incorporates non-commercial concerns into the Strategy for World Trade, so as to avoid that the competition between EU Member States – required as they are to comply with the most stringent animal welfare standards in the world – and third countries is distorted;

| 17. | Considers that it should be obligatory to inform consumers whether an imported product, or a product containing an imported product, is made from animals that were kept under conditions different from those required by European animal welfare regulations; |
| --- | --- |

17.

Considers that it should be obligatory to inform consumers whether an imported product, or a product containing an imported product, is made from animals that were kept under conditions different from those required by European animal welfare regulations;

| 18. | Regrets that the Strategy fails to reflect the importance of animal health to the well-being of animals and the link between animal health and public health; calls on the Commission to apply the ‘One Health’ principle to this Strategy and to ensure efficient coordination with the Animal Health Strategy, as good animal husbandry, among other factors, helps prevent the spread of diseases and antimicrobial resistance; |
| --- | --- |

18.

Regrets that the Strategy fails to reflect the importance of animal health to the well-being of animals and the link between animal health and public health; calls on the Commission to apply the ‘One Health’ principle to this Strategy and to ensure efficient coordination with the Animal Health Strategy, as good animal husbandry, among other factors, helps prevent the spread of diseases and antimicrobial resistance;

| 19. | Recalls that the Parliament, in its resolution of 12 May 2011 on antibiotic resistance, stressed the need to get a full picture of when, where, how and on which animals antimicrobials are actually used today, and believes that such data should be collected, analysed and made public by the Commission without delay; |
| --- | --- |

19.

Recalls that the Parliament, in its resolution of 12 May 2011 on antibiotic resistance, stressed the need to get a full picture of when, where, how and on which animals antimicrobials are actually used today, and believes that such data should be collected, analysed and made public by the Commission without delay;

| 20. | Observes that in the EU, emergency vaccination, and sometimes preventive vaccination, is allowed, but that regulations still hinder the international sales of products from vaccinated animals; observes that these limitations do not adequately take into account advances in vaccination technology and diagnostics; requests that the European Commission rescinds, where possible, trade-limiting measures that unnecessarily restrict the use of vaccination; |
| --- | --- |

20.

Observes that in the EU, emergency vaccination, and sometimes preventive vaccination, is allowed, but that regulations still hinder the international sales of products from vaccinated animals; observes that these limitations do not adequately take into account advances in vaccination technology and diagnostics; requests that the European Commission rescinds, where possible, trade-limiting measures that unnecessarily restrict the use of vaccination;

| 21. | Calls on the Commission to pay proper attention to the health risks posed by wild animals; considers that a significant number of emerging infectious diseases are zoonotic (transmissible between wildlife, domestic animals and humans), and recognises that trade in wildlife, as well as changes in land use and management, may lead to new or modified interfaces between humans, domestic animals and wildlife that could favour disease transmission; stresses the need for coherence between policies for animal health, animal welfare and trade; |
| --- | --- |

21.

Calls on the Commission to pay proper attention to the health risks posed by wild animals; considers that a significant number of emerging infectious diseases are zoonotic (transmissible between wildlife, domestic animals and humans), and recognises that trade in wildlife, as well as changes in land use and management, may lead to new or modified interfaces between humans, domestic animals and wildlife that could favour disease transmission; stresses the need for coherence between policies for animal health, animal welfare and trade;

| 22. | Calls on the Commission to produce, by 2015, a report on the state of health of wild animal and the risk of cross-contamination of domestic animals and humans; |
| --- | --- |

22.

Calls on the Commission to produce, by 2015, a report on the state of health of wild animal and the risk of cross-contamination of domestic animals and humans;

| 23. | Calls on the Commission to actively and continuously improve animal welfare regulations in the framework of the EU Wildlife Trade Council Regulation (EC) No 338/97 (18) (as amended); |
| --- | --- |

23.

Calls on the Commission to actively and continuously improve animal welfare regulations in the framework of the EU Wildlife Trade Council Regulation (EC) No 338/97 (18) (as amended);

| 24. | Points out that the EU’s dog and cat population is estimated at around one hundred million animals and that no EU legislation exists on pet animal welfare; |
| --- | --- |

24.

Points out that the EU’s dog and cat population is estimated at around one hundred million animals and that no EU legislation exists on pet animal welfare;

| 25. | Calls for a report on stray animals recommending concrete, ethical and sustainable solutions for the Member States and including the evaluation of a coordinated system for the registration and the electronic identification of pets, to be added to the list of actions; |
| --- | --- |

25.

Calls for a report on stray animals recommending concrete, ethical and sustainable solutions for the Member States and including the evaluation of a coordinated system for the registration and the electronic identification of pets, to be added to the list of actions;

| 26. | Stresses that mandatory identification of cats and dogs, when combined with an effective and reliable system of registration, ensures traceability and is crucial for successful animal health and welfare management, helping to promote responsible ownership and preserve public health; |
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26.

Stresses that mandatory identification of cats and dogs, when combined with an effective and reliable system of registration, ensures traceability and is crucial for successful animal health and welfare management, helping to promote responsible ownership and preserve public health;

| 27. | Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals, and to transpose its provisions in national legal systems; |
| --- | --- |

27.

Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals, and to transpose its provisions in national legal systems;

| 28. | Calls on the Member States to adopt comprehensive dog population management strategies which include measures such as dog control and anti-cruelty laws, support for the veterinary procedures – including rabies vaccination and sterilisation – needed to control the number of unwanted dogs, and the promotion of responsible pet ownership, as requested in its declaration of 13 October 2011; |
| --- | --- |

28.

Calls on the Member States to adopt comprehensive dog population management strategies which include measures such as dog control and anti-cruelty laws, support for the veterinary procedures – including rabies vaccination and sterilisation – needed to control the number of unwanted dogs, and the promotion of responsible pet ownership, as requested in its declaration of 13 October 2011;

| 29. | Urges the Commission, in its 2014 study on the welfare of dogs and cats involved in commercial purposes, to recommend concrete solutions to prevent dogs and cats from being bred and traded in a way which is likely to cause welfare problems; |
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29.

Urges the Commission, in its 2014 study on the welfare of dogs and cats involved in commercial purposes, to recommend concrete solutions to prevent dogs and cats from being bred and traded in a way which is likely to cause welfare problems;

Enforcement first

| 30. | Shares the Commission’s view that there are today still shortcomings as regards compliance with animal welfare rules, despite the progress made in several fields; reminds the Commission that while current legislation on animal welfare is already, to a large extent, sufficient, it has not been applied to the desired extent in all Member States; calls on the Commission and the Member States to ensure that legislation on animal welfare is complied with in all Member States; |
| --- | --- |

30.

Shares the Commission’s view that there are today still shortcomings as regards compliance with animal welfare rules, despite the progress made in several fields; reminds the Commission that while current legislation on animal welfare is already, to a large extent, sufficient, it has not been applied to the desired extent in all Member States; calls on the Commission and the Member States to ensure that legislation on animal welfare is complied with in all Member States;

| 31. | Regrets that seven years since its full implementation, Council Directive 1999/22/EC, relating to the keeping of wild animals in zoos, has still not been fully implemented across all Member States; reiterates that the conditions for and welfare of animals kept in zoos has specifically been laid out in this Directive which should be enforced; |
| --- | --- |

31.

Regrets that seven years since its full implementation, Council Directive 1999/22/EC, relating to the keeping of wild animals in zoos, has still not been fully implemented across all Member States; reiterates that the conditions for and welfare of animals kept in zoos has specifically been laid out in this Directive which should be enforced;

| 32. | Welcomes the Commission's "Preferred Code of Practice for Zoos", and requests that the Commission include in this Code best practice guidance on the appropriate keeping of animals of wild species in captivity; |
| --- | --- |

32.

Welcomes the Commission's "Preferred Code of Practice for Zoos", and requests that the Commission include in this Code best practice guidance on the appropriate keeping of animals of wild species in captivity;

| 33. | Considers that one area where better enforcement is needed is the area of animal transport which, even though it only accounts for a very limited part the life of an animal, needs to be improved in the light of the scientific data gathered by EFSA as required by Council Regulation (EC) No 1/2005 (19); |
| --- | --- |

33.

Considers that one area where better enforcement is needed is the area of animal transport which, even though it only accounts for a very limited part the life of an animal, needs to be improved in the light of the scientific data gathered by EFSA as required by Council Regulation (EC) No 1/2005 (19);

| 34. | Stresses that the full body of existing animal welfare legislation should be fully implemented and complied with in all EU Member States; considers, however, that non-compliance should not hamper new legislation in areas where legislation needs to be updated in the light of new science or in cases where there are gaps; |
| --- | --- |

34.

Stresses that the full body of existing animal welfare legislation should be fully implemented and complied with in all EU Member States; considers, however, that non-compliance should not hamper new legislation in areas where legislation needs to be updated in the light of new science or in cases where there are gaps;

| 35. | Recalls that there are imbalances in the food chain that place the primary producer at a disadvantage, and that this situation limits the scope for animal welfare investments at farm level; |
| --- | --- |

35.

Recalls that there are imbalances in the food chain that place the primary producer at a disadvantage, and that this situation limits the scope for animal welfare investments at farm level;

| 36. | Highlights the costs incurred by producers, and the potential for loss of competitiveness, as a result of the adoption of new and changing animal welfare standards; notes that it is often the case that these costs are not reflected in the price received by farmers; |
| --- | --- |

36.

Highlights the costs incurred by producers, and the potential for loss of competitiveness, as a result of the adoption of new and changing animal welfare standards; notes that it is often the case that these costs are not reflected in the price received by farmers;

| 37. | Welcomes the suggestion that consumers should be better informed about existing EU animal welfare regulations; calls on the Commission to include farmers more effectively in research projects and campaigns; underlines the need to make consumers more aware of the additional costs associated with enhanced animal welfare, and to spread these costs in a balanced way throughout the food chain; |
| --- | --- |

37.

Welcomes the suggestion that consumers should be better informed about existing EU animal welfare regulations; calls on the Commission to include farmers more effectively in research projects and campaigns; underlines the need to make consumers more aware of the additional costs associated with enhanced animal welfare, and to spread these costs in a balanced way throughout the food chain;

| 38. | Urges the Commission, where there is clear scientific evidence demonstrating animal welfare and animal transport problems, to adapt or introduce new policy instruments to resolve these problems, factoring in a better way of distributing animal welfare costs along the food chain; considers that these instruments could include species-specific legislation, outcome-based animal welfare indicators as well as criteria associated with a risk-assessment system as applied in the food safety area; |
| --- | --- |

38.

Urges the Commission, where there is clear scientific evidence demonstrating animal welfare and animal transport problems, to adapt or introduce new policy instruments to resolve these problems, factoring in a better way of distributing animal welfare costs along the food chain; considers that these instruments could include species-specific legislation, outcome-based animal welfare indicators as well as criteria associated with a risk-assessment system as applied in the food safety area;

| 39. | Stresses the need to implement, in partnership with all stakeholders, duly justified ‘legal milestones’ during the transitional period in future animal welfare legislation; |
| --- | --- |

39.

Stresses the need to implement, in partnership with all stakeholders, duly justified ‘legal milestones’ during the transitional period in future animal welfare legislation;

| 40. | Calls for the creation of a new system of comprehensive early intervention to ensure compliance; stresses that Member States struggling to meet the deadline should be identified early by means of a new procedure requiring close co-operation with the Commission; suggests that best-practice forums be set up to allow the Commission, Member States and relevant stakeholders to exchange information on the best way to meet these deadlines, that the Member States draw up an implementation plan incorporating milestones and targets leading up to the deadline in stages, and that a study be initiated to identify the possibilities by which the European authorities could help ensure full compliance with animal welfare legislation; |
| --- | --- |

40.

Calls for the creation of a new system of comprehensive early intervention to ensure compliance; stresses that Member States struggling to meet the deadline should be identified early by means of a new procedure requiring close co-operation with the Commission; suggests that best-practice forums be set up to allow the Commission, Member States and relevant stakeholders to exchange information on the best way to meet these deadlines, that the Member States draw up an implementation plan incorporating milestones and targets leading up to the deadline in stages, and that a study be initiated to identify the possibilities by which the European authorities could help ensure full compliance with animal welfare legislation;

| 41. | Stresses that the Commission, and in particular the Food and Veterinary Office, must be given increased resources, in keeping with EU budget recommendations and powers, to adequately control the animal welfare inspections carried out by the Member States, a proportion of which should be unannounced checks, and to address breaches; calls on the Member States to ensure that there are sufficient animal welfare inspectors who are adequately trained, with harmonised performance measures in place to ensure consistent checks across all Member States, and to consider giving greater responsibility and power to producer organisations; |
| --- | --- |

41.

Stresses that the Commission, and in particular the Food and Veterinary Office, must be given increased resources, in keeping with EU budget recommendations and powers, to adequately control the animal welfare inspections carried out by the Member States, a proportion of which should be unannounced checks, and to address breaches; calls on the Member States to ensure that there are sufficient animal welfare inspectors who are adequately trained, with harmonised performance measures in place to ensure consistent checks across all Member States, and to consider giving greater responsibility and power to producer organisations;

| 42. | Calls on the EU Member States to ensure that breaches of EU animal welfare rules are penalised in an effective and proportionate manner, and that each sanction is accompanied by ample information and guidance from the competent authorities as well as by appropriate corrective measures; |
| --- | --- |

42.

Calls on the EU Member States to ensure that breaches of EU animal welfare rules are penalised in an effective and proportionate manner, and that each sanction is accompanied by ample information and guidance from the competent authorities as well as by appropriate corrective measures;

| 43. | Recalls the European Parliament’s opposition to the use of privately contracted inspection assistants (PIAs) in slaughterhouses for the red meat sector; considers that hygiene inspection in this sector must be carried out by independent meat inspectors; |
| --- | --- |

43.

Recalls the European Parliament’s opposition to the use of privately contracted inspection assistants (PIAs) in slaughterhouses for the red meat sector; considers that hygiene inspection in this sector must be carried out by independent meat inspectors;

| 44. | Notes the final deadline of March 2013, after which the sale of new cosmetics tested on animals will not be allowed; supports this deadline and calls on the Commission not to extend it; |
| --- | --- |

44.

Notes the final deadline of March 2013, after which the sale of new cosmetics tested on animals will not be allowed; supports this deadline and calls on the Commission not to extend it;

| 45. | Recalls the Commission’s obligation, when there is due reason for concern, to undertake controls of national inspections in order to verify compliance with Directive 2010/63/EU on animal testing; |
| --- | --- |

45.

Recalls the Commission’s obligation, when there is due reason for concern, to undertake controls of national inspections in order to verify compliance with Directive 2010/63/EU on animal testing;

| 46. | Calls on the Commission to continue to encourage research into test methods requiring fewer test animals and to promote the application of such methods wherever possible; calls, in this context, for the Commission to recognise and utilise the ‘extended one’ test under REACH; |
| --- | --- |

46.

Calls on the Commission to continue to encourage research into test methods requiring fewer test animals and to promote the application of such methods wherever possible; calls, in this context, for the Commission to recognise and utilise the ‘extended one’ test under REACH;

| 47. | Calls on the Commission and the Member States to ensure that the Horizon 2020 research programme foresees adequate opportunities for research in the fields of biodiversity conservation, wildlife trade, the development and validation of non-animal alternatives and the impact of emerging technologies; |
| --- | --- |

47.

Calls on the Commission and the Member States to ensure that the Horizon 2020 research programme foresees adequate opportunities for research in the fields of biodiversity conservation, wildlife trade, the development and validation of non-animal alternatives and the impact of emerging technologies;

| 48. | Calls on the Commission to integrate animal welfare as an objective of the future 7th Environment Action Programme, ensuring, in particular, the inclusion of strategies and actions aiming to reduce the use of animals in research; |
| --- | --- |

48.

Calls on the Commission to integrate animal welfare as an objective of the future 7th Environment Action Programme, ensuring, in particular, the inclusion of strategies and actions aiming to reduce the use of animals in research;

| 49. | Points to the concern among European citizens, expressed through their petitions to Parliament, about abuse of the derogations for un-stunned slaughtering in the EU; is particularly concerned that the current derogation for un-stunned slaughter is abused to a large extent in some Member States, to the detriment of animal welfare, of farmers and of consumers; urges the Commission to accelerate its evaluation on the labelling of meat from animals slaughtered without stunning and to present its report before 2013, following its commitment to undertake this evaluation in 2011; highlights that the question of consumers not being informed as to whether or not the meat they are buying is from animals slaughtered without stunning is an issue of great public interest for reasons of both transparency and animal suffering; underlines, however, that labelling is not an alternative to proper enforcement as it can only guide consumers if the information provided is verified and correct; |
| --- | --- |

49.

Points to the concern among European citizens, expressed through their petitions to Parliament, about abuse of the derogations for un-stunned slaughtering in the EU; is particularly concerned that the current derogation for un-stunned slaughter is abused to a large extent in some Member States, to the detriment of animal welfare, of farmers and of consumers; urges the Commission to accelerate its evaluation on the labelling of meat from animals slaughtered without stunning and to present its report before 2013, following its commitment to undertake this evaluation in 2011; highlights that the question of consumers not being informed as to whether or not the meat they are buying is from animals slaughtered without stunning is an issue of great public interest for reasons of both transparency and animal suffering; underlines, however, that labelling is not an alternative to proper enforcement as it can only guide consumers if the information provided is verified and correct;

| 50. | Stresses the need to establish more effective protection measures for animals which are exported from the EU to third countries for slaughter; |
| --- | --- |

50.

Stresses the need to establish more effective protection measures for animals which are exported from the EU to third countries for slaughter;

| 51. | Considers that practicable and harmonised guidelines should accompany EU animal welfare legislation to ensure uniform application and implementation of the legislation covering, for example, issues such as fitness for transport and the provision of water before and during transport, at rest stops and at destination; |
| --- | --- |

51.

Considers that practicable and harmonised guidelines should accompany EU animal welfare legislation to ensure uniform application and implementation of the legislation covering, for example, issues such as fitness for transport and the provision of water before and during transport, at rest stops and at destination;

| 52. | Recognises that any deficiencies in implementation are frequently due to legal provisions that cannot be implemented in practice; |
| --- | --- |

52.

Recognises that any deficiencies in implementation are frequently due to legal provisions that cannot be implemented in practice;

| 53. | Stresses that European citizens regularly petition Parliament about the failure of Member States to enforce the provisions of Regulation (EC) No 882/2004; |
| --- | --- |

53.

Stresses that European citizens regularly petition Parliament about the failure of Member States to enforce the provisions of Regulation (EC) No 882/2004;

| 54. | Reminds the Commission and the Member States of their duties as laid down in Regulation (EC) No 882/2004, to provide comparable animal welfare information; calls on the Commission to take effective actions in cases of non-compliance; |
| --- | --- |

54.

Reminds the Commission and the Member States of their duties as laid down in Regulation (EC) No 882/2004, to provide comparable animal welfare information; calls on the Commission to take effective actions in cases of non-compliance;

| 55. | Calls on all European major retailers to adopt a joint public declaration whereby they commit themselves only to sell products which meet or exceed the standards set in EU animal welfare legislation; |
| --- | --- |

55.

Calls on all European major retailers to adopt a joint public declaration whereby they commit themselves only to sell products which meet or exceed the standards set in EU animal welfare legislation;

Communication and education

| 56. | Emphasises the importance of information and education being adapted and made available at regional and local level, for example through regional workshops and the use of modern technology, and that information concerning new legislation and scientific advances reach all animal handlers; recalls the role which could be played by an EU coordinated network of animal welfare centres in this regard; |
| --- | --- |

56.

Emphasises the importance of information and education being adapted and made available at regional and local level, for example through regional workshops and the use of modern technology, and that information concerning new legislation and scientific advances reach all animal handlers; recalls the role which could be played by an EU coordinated network of animal welfare centres in this regard;

| 57. | Considers that the European network of reference centres must provide relevant, high-quality, professional and consistent support to the Member States and other stakeholders regarding best practices in relation to animal welfare; |
| --- | --- |

57.

Considers that the European network of reference centres must provide relevant, high-quality, professional and consistent support to the Member States and other stakeholders regarding best practices in relation to animal welfare;

| 58. | Calls on the Commission to promote existing animal welfare guidelines and other voluntary initiatives by developing a web-based portal through which such documents, having been validated, could be collected and disseminated; |
| --- | --- |

58.

Calls on the Commission to promote existing animal welfare guidelines and other voluntary initiatives by developing a web-based portal through which such documents, having been validated, could be collected and disseminated;

| 59. | Calls on the Member States to make better use of the provisions for cross-border knowledge-transfer concerning animal welfare, breeding systems and the control of diseases, in the context of the EU financed programmes for rural and regional development; |
| --- | --- |

59.

Calls on the Member States to make better use of the provisions for cross-border knowledge-transfer concerning animal welfare, breeding systems and the control of diseases, in the context of the EU financed programmes for rural and regional development;

| 60. | Considers that animal welfare requirements should be made mandatory in future rural development programmes; believes, furthermore, that the European added value of high animal welfare should be reflected in the co-financing rates; |
| --- | --- |

60.

Considers that animal welfare requirements should be made mandatory in future rural development programmes; believes, furthermore, that the European added value of high animal welfare should be reflected in the co-financing rates;

Framework law

| 61. | Welcomes the inclusion of a European Animal Welfare Framework Law in the Strategy, as suggested by the Parliament, and calls on the Commission to present its proposal in conjunction with the revision of Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (20) foreseen for 2013; believes that such a Framework Law should be clearly written, should be prepared after consultation of all the stakeholders, should focus on both inputs and outcomes and should result in better animal welfare; |
| --- | --- |

61.

Welcomes the inclusion of a European Animal Welfare Framework Law in the Strategy, as suggested by the Parliament, and calls on the Commission to present its proposal in conjunction with the revision of Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (20) foreseen for 2013; believes that such a Framework Law should be clearly written, should be prepared after consultation of all the stakeholders, should focus on both inputs and outcomes and should result in better animal welfare;

| 62. | Points out that such a Framework Law should be a tool for the simplification and streamlining of existing animal welfare legislation; notes that the main aim of the Framework Law should be to achieve better and more thorough levels of compliance with existing animal welfare law; |
| --- | --- |

62.

Points out that such a Framework Law should be a tool for the simplification and streamlining of existing animal welfare legislation; notes that the main aim of the Framework Law should be to achieve better and more thorough levels of compliance with existing animal welfare law;

| 63. | Recalls that producers are overburdened with administrative requirements and that, in the continued search for administrative simplification, this European framework legislation should not further increase this burden; |
| --- | --- |

63.

Recalls that producers are overburdened with administrative requirements and that, in the continued search for administrative simplification, this European framework legislation should not further increase this burden;

| 64. | Recalls that the Parliament considers that such a Framework Law should be based on validated science and proven experience and cover all kept and abandoned animals, including stray animals of domesticated species; recalls that for the species of animals raised for food production, the Parliament has called for the Animal Welfare Quality project to be further developed as regards its simplification and practical application; |
| --- | --- |

64.

Recalls that the Parliament considers that such a Framework Law should be based on validated science and proven experience and cover all kept and abandoned animals, including stray animals of domesticated species; recalls that for the species of animals raised for food production, the Parliament has called for the Animal Welfare Quality project to be further developed as regards its simplification and practical application;

| 65. | Believes that a Framework Law, closely associated with OIE definitions and recommendations, would strengthen the competitiveness of EU animal keepers owners and livestock producers in the international market, as it would also help to ensure fair competition in the internal market; |
| --- | --- |

65.

Believes that a Framework Law, closely associated with OIE definitions and recommendations, would strengthen the competitiveness of EU animal keepers owners and livestock producers in the international market, as it would also help to ensure fair competition in the internal market;

| 66. | Considers that the European Animal Welfare Framework Law should establish a common base level for animal welfare throughout the European Union as an essential condition for free and fair competition in the internal market, both for domestic products and for those imported from third countries; considers, however, that the Member States and the regions should be able to permit individual producers or groups of producers to set up voluntary systems with more profound effects, while avoiding distortions of competition and while protecting EU competitiveness in international markets; |
| --- | --- |

66.

Considers that the European Animal Welfare Framework Law should establish a common base level for animal welfare throughout the European Union as an essential condition for free and fair competition in the internal market, both for domestic products and for those imported from third countries; considers, however, that the Member States and the regions should be able to permit individual producers or groups of producers to set up voluntary systems with more profound effects, while avoiding distortions of competition and while protecting EU competitiveness in international markets;

| 67. | Recalls that the Parliament considers that such a Framework Law should not prevent producers from introducing voluntary systems which go beyond EU rules, and believes that those systems should also be science based and could be promoted by certified and cohesive labels; calls on the Commission to build on its communication COM(2009)0584 by producing a study, if appropriate accompanied by legislative proposals, on EU-wide labelling schemes for meat and dairy products, aimed at informing consumers about the farming methods used, and their impact on the welfare of animals, to achieve the maximum effective and consistent transparency and communication to consumers; |
| --- | --- |

67.

Recalls that the Parliament considers that such a Framework Law should not prevent producers from introducing voluntary systems which go beyond EU rules, and believes that those systems should also be science based and could be promoted by certified and cohesive labels; calls on the Commission to build on its communication COM(2009)0584 by producing a study, if appropriate accompanied by legislative proposals, on EU-wide labelling schemes for meat and dairy products, aimed at informing consumers about the farming methods used, and their impact on the welfare of animals, to achieve the maximum effective and consistent transparency and communication to consumers;

| 68. | Considers that the European Animal Welfare Framework Law should include:






  (a) | a common OIE-based definition and understanding of animal welfare, and general science-based objectives; |
| --- | --- | --- |

68.

Considers that the European Animal Welfare Framework Law should include:

(a)

a common OIE-based definition and understanding of animal welfare, and general science-based objectives;

| (b) | the principle of duty of care for all animal owners and handlers, whereas stray animals should firstly be the responsibility of the owner and ultimately of the Member States’ authorities because of the public health and safety related risks; |
| --- | --- |

(b)

the principle of duty of care for all animal owners and handlers, whereas stray animals should firstly be the responsibility of the owner and ultimately of the Member States’ authorities because of the public health and safety related risks;

| (c) | awareness-raising tools and guidelines for staff from public authorities, on how to identify animal welfare issues in the course of their duty; |
| --- | --- |

(c)

awareness-raising tools and guidelines for staff from public authorities, on how to identify animal welfare issues in the course of their duty;

| (d) | a requirement, when needed, to ensure the competence – while recognising the skills and knowledge already acquired through practical experience or training – of any person handling animals in the course of their professional duties, along with adequate training requirements for specific animal welfare responsibilities; |
| --- | --- |

(d)

a requirement, when needed, to ensure the competence – while recognising the skills and knowledge already acquired through practical experience or training – of any person handling animals in the course of their professional duties, along with adequate training requirements for specific animal welfare responsibilities;

| (e) | an obligation for Member States to submit to the Commission biennial reports on the implementation of EU animal welfare legislation, including a roadmap for the following two years, and the requirement for the Commission to publish, without delay, these reports together with an executive summary; |
| --- | --- |

(e)

an obligation for Member States to submit to the Commission biennial reports on the implementation of EU animal welfare legislation, including a roadmap for the following two years, and the requirement for the Commission to publish, without delay, these reports together with an executive summary;

| (f) | effective and timely actions against those Member States who do not submit reports or do not fulfil their obligations to carry out controls and inspections; |
| --- | --- |

(f)

effective and timely actions against those Member States who do not submit reports or do not fulfil their obligations to carry out controls and inspections;

| (g) | the creation of a coordinated European Animal Welfare Network which, based on the experiences of the Pilot Project X/2012, will support information and education campaigns, evaluate the animal welfare requirements on the basis of the latest peer-reviewed scientific knowledge, and coordinate an EU system for the pre-testing of new technologies in line with existing programmes promoted by the Commission and its agencies and committees; |
| --- | --- |

(g)

the creation of a coordinated European Animal Welfare Network which, based on the experiences of the Pilot Project X/2012, will support information and education campaigns, evaluate the animal welfare requirements on the basis of the latest peer-reviewed scientific knowledge, and coordinate an EU system for the pre-testing of new technologies in line with existing programmes promoted by the Commission and its agencies and committees;

| (h) | a structure for science-based sectoral legislation and non-legislative measures; |
| --- | --- |

(h)

a structure for science-based sectoral legislation and non-legislative measures;

| (i) | a review clause to allow the framework law to be regularly adapted to new scientific developments while respecting the need for legal certainty and taking into account the economic lifespan of the investments made; |
| --- | --- |

(i)

a review clause to allow the framework law to be regularly adapted to new scientific developments while respecting the need for legal certainty and taking into account the economic lifespan of the investments made;

*

* *

| 69. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

69.

Instructs its President to forward this resolution to the Council and the Commission.

---

(1)  OJ C 308 E, 16.12.2006, p. 170.

(2)  OJ C 279 E, 19.11.2009, p. 89.

(3)  OJ C 212 E, 5.8.2010, p. 326.

(4)  OJ C 81 E, 15.3.2011, p. 25.

(5)  Texts adopted, P7_TA(2011)0238.

(6)  Texts adopted, P7_TA(2011)0083.

(7)  Texts adopted, P7_TA(2012)0096.

(8)  Texts adopted, P7_TA(2011)0444.

(9)  EFSA Journal 2011; 9(1)1966.

(10)  EFSA Journal 2012; 10(1)2513.

(11)  OIE Terrestrial Animal Health Code, Article 7.1.1. (2011). http://www.oie.int/index.php?id=169&L=0&htmfile=chapitre_1.7.1.htm.

(12)  www.welfarequality.net/everyone/43395/7/0/22.

(13)  OJ L 323, 17.11.1978, p. 12.

(14)  ETS 125 – Protection of pet animals, 13.XI.1987.

(15)  OJ L 165, 30.4.2004, p. 1.

(16)  OJ L 94, 9.4.1999, p. 24.

(17)  OJ L 276, 20.10.2010, p. 33.

(18)  OJ L 61, 3.3.1997, p. 1.

(19)  OJ L 3, 5.1.2005, p. 1.

(20)  OJ L 221, 8.8.1998, p. 23.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/71 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/71

---

Wednesday 4 July 2012Establishment of an EU legal framework for the protection of pets and stray animals

P7_TA(2012)0291

European Parliament resolution of 4 July 2012 on the establishment of an EU legal framework for the protection of pets and stray animals (2012/2670(RSP))

2013/C 349 E/08

The European Parliament,

| — | having regard to the large number of petitions from EU citizens requesting the establishment of an EU legal framework for the protection of pets and stray animals (1613/2010, 1274/2011, 1321/2011, 1377/2011, 1412/2011 and others), |
| --- | --- |

—

having regard to the large number of petitions from EU citizens requesting the establishment of an EU legal framework for the protection of pets and stray animals (1613/2010, 1274/2011, 1321/2011, 1377/2011, 1412/2011 and others),

| — | having regard to the European Convention for the Protection of Pet Animals (CETS No 125), |
| --- | --- |

—

having regard to the European Convention for the Protection of Pet Animals (CETS No 125),

| — | having regard to Rule 202(2) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 202(2) of its Rules of Procedure,

| A. | whereas Article 13 of the TFEU stipulates that, since animals are sentient beings, the Union and the Member States must pay full regard to their welfare requirements; |
| --- | --- |

A.

whereas Article 13 of the TFEU stipulates that, since animals are sentient beings, the Union and the Member States must pay full regard to their welfare requirements;

| B. | whereas there is no EU legislation for the protection of pets and stray animals, despite the fact that the EU’s pet population is estimated at over one hundred million; |
| --- | --- |

B.

whereas there is no EU legislation for the protection of pets and stray animals, despite the fact that the EU’s pet population is estimated at over one hundred million;

| C. | whereas the European Convention for the Protection of Pet Animals has not yet been signed by all Member States; |
| --- | --- |

C.

whereas the European Convention for the Protection of Pet Animals has not yet been signed by all Member States;

| D. | whereas pets and stray animals are victims of mistreatment and cruelty in many Members States, and whereas the petitioners mainly refer to Member States in southern and eastern Europe; |
| --- | --- |

D.

whereas pets and stray animals are victims of mistreatment and cruelty in many Members States, and whereas the petitioners mainly refer to Member States in southern and eastern Europe;

| 1. | Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions into national legal systems; |
| --- | --- |

1.

Calls on the European Union and the Member States to ratify the European Convention for the Protection of Pet Animals and to transpose its provisions into national legal systems;

| 2. | Calls on the Commission to put forward an EU legal framework for the protection of pets and stray animals, including:






  — | rules for the identification and registration of animals, |
| --- | --- | --- |

2.

Calls on the Commission to put forward an EU legal framework for the protection of pets and stray animals, including:

—

rules for the identification and registration of animals,

| — | stray animal management strategies, including vaccination and sterilisation programmes, |
| --- | --- |

—

stray animal management strategies, including vaccination and sterilisation programmes,

| — | measures to promote responsible ownership, |
| --- | --- |

—

measures to promote responsible ownership,

| — | the prohibition of unlicensed kennels and shelters, |
| --- | --- |

—

the prohibition of unlicensed kennels and shelters,

| — | the prohibition of the killing of stray animals without medical indication, |
| --- | --- |

—

the prohibition of the killing of stray animals without medical indication,

| — | information and educational programmes in schools on animal welfare, |
| --- | --- |

—

information and educational programmes in schools on animal welfare,

| — | severe sanctions to be imposed on any Member State which fails to comply with the rules; |
| --- | --- |

—

severe sanctions to be imposed on any Member State which fails to comply with the rules;

| 3. | Instructs its President to forward this resolution to the Council and the Commission. |
| --- | --- |

3.

Instructs its President to forward this resolution to the Council and the Commission.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/72 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/72

---

Wednesday 4 July 2012Conclusions of the European Council meeting (28-29 June 2012)

P7_TA(2012)0292

European Parliament resolution of 4 July 2012 on the June 2012 European Council meeting (2011/2923(RSP))

2013/C 349 E/09

The European Parliament,

| — | having regard to the informal European Council meeting of 23 May 2012, |
| --- | --- |

—

having regard to the informal European Council meeting of 23 May 2012,

| — | having regard to the European Council meeting of 28-29 June 2012, |
| --- | --- |

—

having regard to the European Council meeting of 28-29 June 2012,

| — | having regard to Rule 110(2) of its Rules of Procedure, |
| --- | --- |

—

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

| 1. | Welcomes the concrete steps taken by the European Council to face up to the eurozone crisis and its recognition of the need for a response that addresses both fiscal consolidation and growth; believes that the summit reflects the European Council’s approach to the challenges Europe faces, aimed at a more balanced, economically effective and socially fair anti-crisis agenda; |
| --- | --- |

1.

Welcomes the concrete steps taken by the European Council to face up to the eurozone crisis and its recognition of the need for a response that addresses both fiscal consolidation and growth; believes that the summit reflects the European Council’s approach to the challenges Europe faces, aimed at a more balanced, economically effective and socially fair anti-crisis agenda;

| 2. | Underlines the significance of the eurozone’s agreement on important and substantial measures to break the vicious circle between banks and sovereign debt and to narrow the spreads among eurozone sovereign debt yields; welcomes, in this connection, the flexible and efficient use that could be made of the existing EFSF/ESM instruments for Member States meeting their Country Specific Recommendations and their other commitments, including the European Semester and the Stability and Growth Pact; |
| --- | --- |

2.

Underlines the significance of the eurozone’s agreement on important and substantial measures to break the vicious circle between banks and sovereign debt and to narrow the spreads among eurozone sovereign debt yields; welcomes, in this connection, the flexible and efficient use that could be made of the existing EFSF/ESM instruments for Member States meeting their Country Specific Recommendations and their other commitments, including the European Semester and the Stability and Growth Pact;

| 3. | Considers that this agreement is an important step on the road to a fully-fledged banking union for the EU as a whole, but points to the critical fact that this possibility cannot be activated immediately since it is conditioned by agreement on a single supervisory mechanism; |
| --- | --- |

3.

Considers that this agreement is an important step on the road to a fully-fledged banking union for the EU as a whole, but points to the critical fact that this possibility cannot be activated immediately since it is conditioned by agreement on a single supervisory mechanism;

| 4. | Welcomes also the Compact for Growth and Jobs, in particular the agreement to mobilise EUR 120 billion to stimulate investment, growth and jobs and the call for differentiated growth-friendly fiscal consolidation, with due consideration for the role of investment; considers this to be an important step towards the necessary revitalisation of sustainable growth-oriented public and private investment in Europe, notably geared towards the attainment of the Europe 2020 objectives, and in particular towards resource efficiency and sustainability, as well as towards the completion of the Single Market; |
| --- | --- |

4.

Welcomes also the Compact for Growth and Jobs, in particular the agreement to mobilise EUR 120 billion to stimulate investment, growth and jobs and the call for differentiated growth-friendly fiscal consolidation, with due consideration for the role of investment; considers this to be an important step towards the necessary revitalisation of sustainable growth-oriented public and private investment in Europe, notably geared towards the attainment of the Europe 2020 objectives, and in particular towards resource efficiency and sustainability, as well as towards the completion of the Single Market;

| 5. | Welcomes, furthermore, the commitment to make the EU budget a tool for growth; notes, in this connection, that no tangible progress was achieved at the June European Council meeting towards striking an agreement on the next MFF, i.e. for 2014-2020; urges the Cypriot Presidency to step up its efforts on this matter, with full involvement of Parliament in the MFF negotiations, including full respect for its codecision rights; insists, however, that own-resources reform is an essential element, without which no agreement on the multiannual financial framework will be possible; reiterates its conviction that an agreement on both the revenue and the expenditure sides of the MFF, which should correspond to the actual needs and ambitions of the Union for the next period, would need to be reached by the end of this year; |
| --- | --- |

5.

Welcomes, furthermore, the commitment to make the EU budget a tool for growth; notes, in this connection, that no tangible progress was achieved at the June European Council meeting towards striking an agreement on the next MFF, i.e. for 2014-2020; urges the Cypriot Presidency to step up its efforts on this matter, with full involvement of Parliament in the MFF negotiations, including full respect for its codecision rights; insists, however, that own-resources reform is an essential element, without which no agreement on the multiannual financial framework will be possible; reiterates its conviction that an agreement on both the revenue and the expenditure sides of the MFF, which should correspond to the actual needs and ambitions of the Union for the next period, would need to be reached by the end of this year;

| 6. | Welcomes the statement by the Heads of State or Government on reinforcing single market governance; strongly supports the Commission in its assessment of the state of the single market and calls for action as regards the full achievement of the single market; |
| --- | --- |

6.

Welcomes the statement by the Heads of State or Government on reinforcing single market governance; strongly supports the Commission in its assessment of the state of the single market and calls for action as regards the full achievement of the single market;

| 7. | Welcomes the draft proposals contained in the report entitled ‘Towards a Genuine Economic and Monetary Union’, as presented by Presidents Van Rompuy, Juncker, Barroso and Draghi, as a good starting point towards a sound and genuine EMU; believes, in particular, that the proposals regarding the establishment of an integrated financial framework and a European banking supervisor also represent important steps towards a more stable long-term future for European banking; looks forward also to the inclusion in the proposal of greater EU social responsibility and a strengthening of the transparency and accountability of the new European provisions in this area; |
| --- | --- |

7.

Welcomes the draft proposals contained in the report entitled ‘Towards a Genuine Economic and Monetary Union’, as presented by Presidents Van Rompuy, Juncker, Barroso and Draghi, as a good starting point towards a sound and genuine EMU; believes, in particular, that the proposals regarding the establishment of an integrated financial framework and a European banking supervisor also represent important steps towards a more stable long-term future for European banking; looks forward also to the inclusion in the proposal of greater EU social responsibility and a strengthening of the transparency and accountability of the new European provisions in this area;

| 8. | Believes that rapid action is required within each of the four building blocks identified in this report:






  (a) | an integrated financial framework to ensure financial stability in particular in the euro area and minimise the cost of bank failures to European citizens; such a framework elevates responsibility for supervision to the European level, and provides for common mechanisms to resolve banks and guarantee customer deposits; |
| --- | --- | --- |

8.

Believes that rapid action is required within each of the four building blocks identified in this report:

(a)

an integrated financial framework to ensure financial stability in particular in the euro area and minimise the cost of bank failures to European citizens; such a framework elevates responsibility for supervision to the European level, and provides for common mechanisms to resolve banks and guarantee customer deposits;

| (b) | an integrated budgetary framework to ensure sound fiscal policy making at the national and European levels, encompassing coordination, joint decision-making, greater enforcement and commensurate steps towards common debt issuance (including short-term funding instruments on a limited and conditional basis, or gradual roll-over into a redemption fund); this framework could include also different forms of fiscal solidarity; |
| --- | --- |

(b)

an integrated budgetary framework to ensure sound fiscal policy making at the national and European levels, encompassing coordination, joint decision-making, greater enforcement and commensurate steps towards common debt issuance (including short-term funding instruments on a limited and conditional basis, or gradual roll-over into a redemption fund); this framework could include also different forms of fiscal solidarity;

| (c) | an integrated economic policy framework which has sufficient mechanisms to ensure that national and European policies are in place that promote sustainable growth, employment and competitiveness, and are compatible with the smooth functioning of EMU; |
| --- | --- |

(c)

an integrated economic policy framework which has sufficient mechanisms to ensure that national and European policies are in place that promote sustainable growth, employment and competitiveness, and are compatible with the smooth functioning of EMU;

| (d) | ensuring the necessary democratic legitimacy and accountability of decision-making within the EMU, based on the joint exercise of sovereignty for common policies and solidarity; |
| --- | --- |

(d)

ensuring the necessary democratic legitimacy and accountability of decision-making within the EMU, based on the joint exercise of sovereignty for common policies and solidarity;

| 9. | Welcomes the decision to call for further work on the development of a roadmap for genuine economic and monetary union; insists that the European Parliament must be fully involved as an equal partner in this task beyond its role as co-legislator; calls, furthermore, for the process of reform of European Union institutions and decision-making procedures to engage not only the European institutions and national parliaments, but also the social partners, civil society and other stakeholders in a broad public debate on deeper political, economic, social and fiscal integration of the European Union; stresses that close involvement of the European Parliament and national parliaments will be central, with due respect for the Community method; believes that Protocol 1 to the TFEU on the role of national parliaments in the EU offers an appropriate framework for interparliamentary cooperation; |
| --- | --- |

9.

Welcomes the decision to call for further work on the development of a roadmap for genuine economic and monetary union; insists that the European Parliament must be fully involved as an equal partner in this task beyond its role as co-legislator; calls, furthermore, for the process of reform of European Union institutions and decision-making procedures to engage not only the European institutions and national parliaments, but also the social partners, civil society and other stakeholders in a broad public debate on deeper political, economic, social and fiscal integration of the European Union; stresses that close involvement of the European Parliament and national parliaments will be central, with due respect for the Community method; believes that Protocol 1 to the TFEU on the role of national parliaments in the EU offers an appropriate framework for interparliamentary cooperation;

| 10. | Believes, nevertheless, that much legislative work still remains to be done in order to deliver a global, structural and comprehensive response to the crisis; calls, therefore, on the Commission to table a package of legislative proposals by September 2012, in line with the Community method, on the basis of these four building blocks; |
| --- | --- |

10.

Believes, nevertheless, that much legislative work still remains to be done in order to deliver a global, structural and comprehensive response to the crisis; calls, therefore, on the Commission to table a package of legislative proposals by September 2012, in line with the Community method, on the basis of these four building blocks;

| 11. | Calls on the Council to agree to a coordinated programme of targeted investment at national level in order to stimulate the European economy; |
| --- | --- |

11.

Calls on the Council to agree to a coordinated programme of targeted investment at national level in order to stimulate the European economy;

| 12. | Commits itself, once it has received the above-mentioned legislative package within the requested timeframe and has examined it, to ensure efficient and rapid decision making; |
| --- | --- |

12.

Commits itself, once it has received the above-mentioned legislative package within the requested timeframe and has examined it, to ensure efficient and rapid decision making;

| 13. | Notes, however, that it will draw its own conclusions should it not receive the above-mentioned legislative package within the requested timeframe; |
| --- | --- |

13.

Notes, however, that it will draw its own conclusions should it not receive the above-mentioned legislative package within the requested timeframe;

| 14. | Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States. |
| --- | --- |

14.

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

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/74 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/74

---

Wednesday 4 July 2012Access to basic banking services

P7_TA(2012)0293

European Parliament resolution of 4 July 2012 with recommendations to the Commission on Access to Basic Banking Services (2012/2055(INI))

2013/C 349 E/10

The European Parliament,

| — | having regard to Article 225 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 225 of the Treaty on the Functioning of the European Union,

| — | having regard to the Commission Communication of 27 October 2010 entitled 'Commission Work Programme 2011' (COM(2010)0623), and in particular the reference to planned legislation on access to basic banking services, |
| --- | --- |

—

having regard to the Commission Communication of 27 October 2010 entitled 'Commission Work Programme 2011' (COM(2010)0623), and in particular the reference to planned legislation on access to basic banking services,

| — | having regard to the Commission Communication of 13 April 2011 entitled 'Single Market Act: Twelve levers to boost growth and strengthen confidence "Working together to create new growth" (COM(2011)0206), |
| --- | --- |

—

having regard to the Commission Communication of 13 April 2011 entitled 'Single Market Act: Twelve levers to boost growth and strengthen confidence "Working together to create new growth" (COM(2011)0206),

| — | having regard to the Commission Communication entitled 'Europe 2020: A strategy for smart, sustainable and inclusive growth' (COM(2010)2020), |
| --- | --- |

—

having regard to the Commission Communication entitled 'Europe 2020: A strategy for smart, sustainable and inclusive growth' (COM(2010)2020),

| — | having regard to Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (1), and in particular the establishment of Single Euro Payments Area, |
| --- | --- |

—

having regard to Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (1), and in particular the establishment of Single Euro Payments Area,

| — | having regard to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2), |
| --- | --- |

—

having regard to Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (2),

| — | having regard to the Commission consultations on financial inclusion: ensuring access to a basic bank account from 2009 and on access to a basic payment account from 2010, |
| --- | --- |

—

having regard to the Commission consultations on financial inclusion: ensuring access to a basic bank account from 2009 and on access to a basic payment account from 2010,

| — | having regard to Commission Recommendation 2011/442/EU of 18 July 2011 on access to a basic payment account (3) and the impact assessment accompanying it (SEC(2011)0906), |
| --- | --- |

—

having regard to Commission Recommendation 2011/442/EU of 18 July 2011 on access to a basic payment account (3) and the impact assessment accompanying it (SEC(2011)0906),

| — | having regard to the Commission Staff working document entitled 'Single Market through the lens of people A snapshot of citizens’ and businesses’ views and concerns (SEC(2011)1003), and in particular concern 7, which relates to difficulties that citizens encounter when opening a bank account in Member States which are not their country of residence, |
| --- | --- |

—

having regard to the Commission Staff working document entitled 'Single Market through the lens of people A snapshot of citizens’ and businesses’ views and concerns (SEC(2011)1003), and in particular concern 7, which relates to difficulties that citizens encounter when opening a bank account in Member States which are not their country of residence,

| — | having regard to Rules 42 and 48 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 42 and 48 of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0197/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs and the opinion of the Committee on the Internal Market and Consumer Protection (A7-0197/2012),

| A. | whereas the smooth functioning of the internal market and development of a modern, social market economy depends, inter alia, on the universal provision of affordable and easily accessible basic payment services and of a socially responsible banking sector; |
| --- | --- |

A.

whereas the smooth functioning of the internal market and development of a modern, social market economy depends, inter alia, on the universal provision of affordable and easily accessible basic payment services and of a socially responsible banking sector;

| B. | whereas access to basic payment services is one of the preconditions for consumers to benefit from the internal market, notably from freedom of movement, money transfer and the purchase of goods and services at reasonable transaction costs; whereas basic payment services are essential for consumers to reap the benefits of e-commerce; whereas the annual opportunity cost of not having access to a payment account is estimated at between EUR 185 to EUR 365 per consumer; whereas access to basic payment services is, in particular, increasingly becoming a prerequisite for social inclusion in terms of access to employment, healthcare and housing; |
| --- | --- |

B.

whereas access to basic payment services is one of the preconditions for consumers to benefit from the internal market, notably from freedom of movement, money transfer and the purchase of goods and services at reasonable transaction costs; whereas basic payment services are essential for consumers to reap the benefits of e-commerce; whereas the annual opportunity cost of not having access to a payment account is estimated at between EUR 185 to EUR 365 per consumer; whereas access to basic payment services is, in particular, increasingly becoming a prerequisite for social inclusion in terms of access to employment, healthcare and housing;

| C. | whereas the Commission estimates that currently 7 % of the Union's adult population, i.e around 30 million people, do not have a bank account, and that an estimated 6,4 million of those people have been deprived of or have not dare to ask for a bank account; whereas financial exclusion varies from one Member State to another; whereas some Member States have a very low penetration rate of bank accounts with the lowest percentage being around 50 % of the adult population in Romania and Bulgaria; |
| --- | --- |

C.

whereas the Commission estimates that currently 7 % of the Union's adult population, i.e around 30 million people, do not have a bank account, and that an estimated 6,4 million of those people have been deprived of or have not dare to ask for a bank account; whereas financial exclusion varies from one Member State to another; whereas some Member States have a very low penetration rate of bank accounts with the lowest percentage being around 50 % of the adult population in Romania and Bulgaria;

| D. | whereas every consumer has the right to choose not to have a payment account or a basic payment account; whereas, therefore, consumers should not be obliged to have a payment account or a basic payment account; whereas, in this context, financial education in pointing out the advantages of financial inclusion is important; |
| --- | --- |

D.

whereas every consumer has the right to choose not to have a payment account or a basic payment account; whereas, therefore, consumers should not be obliged to have a payment account or a basic payment account; whereas, in this context, financial education in pointing out the advantages of financial inclusion is important;

| E. | whereas banks can deny a person the opportunity to open a bank account if the person concerned is not a resident of the Member State where the bank is registered; whereas difficulties encountered by non-residents in opening bank accounts obstruct the proper functioning of the internal market; |
| --- | --- |

E.

whereas banks can deny a person the opportunity to open a bank account if the person concerned is not a resident of the Member State where the bank is registered; whereas difficulties encountered by non-residents in opening bank accounts obstruct the proper functioning of the internal market;

| F. | whereas general economic and social development contribute to high bank account penetration; whereas among the Member States, 33 % of the variation in the percentage of the population using a current payment account can be explained by the level of economic development and, therefore, 67 % depends on other factors, such as regulation or self-regulation arrangements; |
| --- | --- |

F.

whereas general economic and social development contribute to high bank account penetration; whereas among the Member States, 33 % of the variation in the percentage of the population using a current payment account can be explained by the level of economic development and, therefore, 67 % depends on other factors, such as regulation or self-regulation arrangements;

| G. | whereas payment service providers, acting in accordance with market logic, tend to focus on commercially attractive consumers, and therefore in certain cases leave commercially less attractive consumers without the same choice of products; whereas industry codes as initiated in Germany, Ireland, Italy, Luxembourg, Slovenia and the United Kingdom have, inter alia, been a result of public pressure and demands for legislative initiative; whereas self-regulation instruments have had positive or mixed results and have, to date, not guaranteed access to basic payment services in all Member States; |
| --- | --- |

G.

whereas payment service providers, acting in accordance with market logic, tend to focus on commercially attractive consumers, and therefore in certain cases leave commercially less attractive consumers without the same choice of products; whereas industry codes as initiated in Germany, Ireland, Italy, Luxembourg, Slovenia and the United Kingdom have, inter alia, been a result of public pressure and demands for legislative initiative; whereas self-regulation instruments have had positive or mixed results and have, to date, not guaranteed access to basic payment services in all Member States;

| H. | whereas legislative approaches to ensure access to basic banking services have had satisfactory results; for example, whereas close to 100 % of households in Denmark and Finland are covered by payment services and the number of unbanked citizens has dropped considerably in Belgium and France, as a result of the implementation of legislative initiatives; |
| --- | --- |

H.

whereas legislative approaches to ensure access to basic banking services have had satisfactory results; for example, whereas close to 100 % of households in Denmark and Finland are covered by payment services and the number of unbanked citizens has dropped considerably in Belgium and France, as a result of the implementation of legislative initiatives;

| I. | whereas not all Member States have taken adequate action required by Commission Recommendation 2011/442/EU of 18 July 2011 on access to a basic payment account (4) and too many Member States still have no legal or voluntary requirement for providers to offer basic payment services; |
| --- | --- |

I.

whereas not all Member States have taken adequate action required by Commission Recommendation 2011/442/EU of 18 July 2011 on access to a basic payment account (4) and too many Member States still have no legal or voluntary requirement for providers to offer basic payment services;

| J. | whereas in order to be effective, a basic payment account needs to be straightforward to open and to provide a specified range of core services, and there need to be measures in place for effective supervision and settlement of conflicts and for facilitating access to such an account for consumers with no fixed address; whereas legislation on anti-money laundering and anti-terrorist financing should be applied in a proportional manner and should never be used as an unfounded pretext for rejecting commercially less attractive consumers; whereas the Commission should explore whether it should be necessary for consumers to have a link to the Member State in order to be eligible for a basic payment account; |
| --- | --- |

J.

whereas in order to be effective, a basic payment account needs to be straightforward to open and to provide a specified range of core services, and there need to be measures in place for effective supervision and settlement of conflicts and for facilitating access to such an account for consumers with no fixed address; whereas legislation on anti-money laundering and anti-terrorist financing should be applied in a proportional manner and should never be used as an unfounded pretext for rejecting commercially less attractive consumers; whereas the Commission should explore whether it should be necessary for consumers to have a link to the Member State in order to be eligible for a basic payment account;

| K. | whereas payment service providers should provide access to a basic payment account free of charge or at a reasonable cost; |
| --- | --- |

K.

whereas payment service providers should provide access to a basic payment account free of charge or at a reasonable cost;

| L. | whereas payment service providers should pay particular attention to financially vulnerable consumers when offering overdrafts and additional credit products in order to avoid over-indebtedness; whereas Member States should avoid any potential charges for basic payment services from becoming a barrier preventing financially excluded consumers from having access to basic payment services; |
| --- | --- |

L.

whereas payment service providers should pay particular attention to financially vulnerable consumers when offering overdrafts and additional credit products in order to avoid over-indebtedness; whereas Member States should avoid any potential charges for basic payment services from becoming a barrier preventing financially excluded consumers from having access to basic payment services;

| M. | whereas, partly as a result of the social and economic crisis, over-indebtedness has become the most significant new social risk across the Union and protection against garnishment, which should be managed and developed exclusively at Member State level, is an important aspect in this regard. |
| --- | --- |

M.

whereas, partly as a result of the social and economic crisis, over-indebtedness has become the most significant new social risk across the Union and protection against garnishment, which should be managed and developed exclusively at Member State level, is an important aspect in this regard.

| N. | whereas distortions of competition should be prevented and consumers’ needs in under-banked regions should be taken into account and hence the scope of the initiative should be as broad as possible; whereas new developments in the payment services market, such as prepaid solutions or mobile banking, should be taken into account when further developing and assessing initiatives in this field; |
| --- | --- |

N.

whereas distortions of competition should be prevented and consumers’ needs in under-banked regions should be taken into account and hence the scope of the initiative should be as broad as possible; whereas new developments in the payment services market, such as prepaid solutions or mobile banking, should be taken into account when further developing and assessing initiatives in this field;

| O. | whereas for any initiative for access to basic payment services, the availability of understandable information to consumers is a key element; whereas the Commission should therefore encourage Member States to develop well-targeted communication campaigns addressing the particular needs and concerns of unbanked, vulnerable and mobile consumers; whereas in order for basic payment account customers to be serviced in an appropriate manner, providers should ensure that relevant staff are adequately trained; whereas providers should also ensure that potential conflicts of interest do not affect those customers in a negative way; |
| --- | --- |

O.

whereas for any initiative for access to basic payment services, the availability of understandable information to consumers is a key element; whereas the Commission should therefore encourage Member States to develop well-targeted communication campaigns addressing the particular needs and concerns of unbanked, vulnerable and mobile consumers; whereas in order for basic payment account customers to be serviced in an appropriate manner, providers should ensure that relevant staff are adequately trained; whereas providers should also ensure that potential conflicts of interest do not affect those customers in a negative way;

| P. | whereas students, workers and service providers must be able to move across borders and to take advantage of mobility easily within in the Union; |
| --- | --- |

P.

whereas students, workers and service providers must be able to move across borders and to take advantage of mobility easily within in the Union;

| Q. | whereas opening a payment account in a Member State should not require the consumer to close an existing account in another Member State; |
| --- | --- |

Q.

whereas opening a payment account in a Member State should not require the consumer to close an existing account in another Member State;

| R. | whereas existing requirements from the payment service provider for opening a basic payment account are restrictive and could hinder cross-border mobility within the Union. |
| --- | --- |

R.

whereas existing requirements from the payment service provider for opening a basic payment account are restrictive and could hinder cross-border mobility within the Union.

| 1. | Requests that the Commission put forward a detailed assessment of the state of play in all Member States by September 2012; requests the Commission to submit, by January 2013, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a directive ensuring access to basic payment services to all consumers legally residing in the Union, unless that detailed assessment demonstrates that there is no need for such a proposal, following the detailed recommendations set out in the Annex hereto; |
| --- | --- |

1.

Requests that the Commission put forward a detailed assessment of the state of play in all Member States by September 2012; requests the Commission to submit, by January 2013, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a directive ensuring access to basic payment services to all consumers legally residing in the Union, unless that detailed assessment demonstrates that there is no need for such a proposal, following the detailed recommendations set out in the Annex hereto;

| 2. | Confirms that the recommendations respect fundamental rights and the principles of subsidiarity and proportionality; |
| --- | --- |

2.

Confirms that the recommendations respect fundamental rights and the principles of subsidiarity and proportionality;

| 3. | Considers that the requested proposal does not have any financial implications for the budget of the European Union; |
| --- | --- |

3.

Considers that the requested proposal does not have any financial implications for the budget of the European Union;

| 4. | Instructs its President to forward this resolution and the accompanying detailed recommendations to the Commission and the Council, and to the governments and parliaments of the Member States. |
| --- | --- |

4.

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

---

(1)  OJ L 319, 5.12.2007, p. 1.

(2)  OJ L 309, 25.11.2005, p. 15.

(3)  OJ L 190, 21.7.2011, p. 87.

(4)  OJ L 190, 21.7.2011, p. 87.

---

Wednesday 4 July 2012ANNEX TO THE RESOLUTION:

DETAILED RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED

The European Parliament considers that the directive to be adopted should aim to regulate the following

Recommendation 1 (on scope)

| 1. | The term “basic payment account” should be defined as a payment account offered in line with the provisions of the proposed legislation. Payment accounts of a basic nature that do not fully comply with those provisions should not be considered to be covered by that term. |
| --- | --- |

1.

The term “basic payment account” should be defined as a payment account offered in line with the provisions of the proposed legislation. Payment accounts of a basic nature that do not fully comply with those provisions should not be considered to be covered by that term.

| 2. | The directive should provide that Member States must ensure access to basic payment services by obliging, in principle, all payment service providers as defined in Article 4(9) of Directive 2007/64/EC that offer payment accounts to consumers as an integral part of their regular business to provide basic payment accounts. |
| --- | --- |

2.

The directive should provide that Member States must ensure access to basic payment services by obliging, in principle, all payment service providers as defined in Article 4(9) of Directive 2007/64/EC that offer payment accounts to consumers as an integral part of their regular business to provide basic payment accounts.

| 3. | Any legislative initiative should respect the principle of subsidiarity and should take into account existing legal or voluntary arrangements in Member States where the right to access and use a basic payment account is already successfully ensured; |
| --- | --- |

3.

Any legislative initiative should respect the principle of subsidiarity and should take into account existing legal or voluntary arrangements in Member States where the right to access and use a basic payment account is already successfully ensured;

| 4. | Accordingly, in order to avoid undue burdens on payment service providers not offering payment accounts to consumers, the following should be exempt from the obligation to provide a basic payment account:






  (a) | payment services providers referred to in points (e) and (f) of Article 1(1) of Directive 2007/64/EC; |
| --- | --- | --- |

4.

Accordingly, in order to avoid undue burdens on payment service providers not offering payment accounts to consumers, the following should be exempt from the obligation to provide a basic payment account:

(a)

payment services providers referred to in points (e) and (f) of Article 1(1) of Directive 2007/64/EC;

| (b) | payment institutions authorised only to provide one or more of the payment services listed in points 4 to 7 of the Annex to Directive 2007/64/EC; |
| --- | --- |

(b)

payment institutions authorised only to provide one or more of the payment services listed in points 4 to 7 of the Annex to Directive 2007/64/EC;

| 5. | Member States should be permitted to exempt other payment service providers from the obligation to provide a basic payment account. Any exemptions should be based on objective and very restrictive criteria, and should cover only payment service providers such as those based on a non-profit business model or those not operating in general retail payment services. Any exemptions should not undermine the right of access for consumers and should be as few as possible so as to minimise the negative effects on competition. |
| --- | --- |

5.

Member States should be permitted to exempt other payment service providers from the obligation to provide a basic payment account. Any exemptions should be based on objective and very restrictive criteria, and should cover only payment service providers such as those based on a non-profit business model or those not operating in general retail payment services. Any exemptions should not undermine the right of access for consumers and should be as few as possible so as to minimise the negative effects on competition.

Recommendation 2 (on access and identification requirements)

| 6. | The legislation to be adopted should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union, has the right to open and use a basic payment account with a payment service provider operating in a Member State provided that the consumer does not already hold a payment account in that Member State. Member States should ensure that there are workable mechanisms available to the consumer to close a regular payment account in order to convert or shift to a basic payment account. Proof of identity should be required when opening a basic payment account. |
| --- | --- |

6.

The legislation to be adopted should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union, has the right to open and use a basic payment account with a payment service provider operating in a Member State provided that the consumer does not already hold a payment account in that Member State. Member States should ensure that there are workable mechanisms available to the consumer to close a regular payment account in order to convert or shift to a basic payment account. Proof of identity should be required when opening a basic payment account.

| 7. | The legislation to be adopted should ensure that it is not unduly burdensome for consumers to demonstrate that they do not already hold a payment account. This could be achieved, inter alia, by requiring a declaration of honour on the part of the consumer. |
| --- | --- |

7.

The legislation to be adopted should ensure that it is not unduly burdensome for consumers to demonstrate that they do not already hold a payment account. This could be achieved, inter alia, by requiring a declaration of honour on the part of the consumer.

| 8. | Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or expected turnover of the account holder should not be taken into account for the opening a basic payment account. Access to a basic payment account should under no circumstances be made conditional on the purchase of other products or services, such as insurance or an additional account. |
| --- | --- |

8.

Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or expected turnover of the account holder should not be taken into account for the opening a basic payment account. Access to a basic payment account should under no circumstances be made conditional on the purchase of other products or services, such as insurance or an additional account.

| 9. | The proposal should provide that a basic payment account can be refused or annulled only in objectively justified circumstances under relevant Union or national law not relating to the criteria in paragraph 8 such as in the case of:






  (a) | incompatibility with the legislation on money laundering and terrorist financing; |
| --- | --- | --- |

9.

The proposal should provide that a basic payment account can be refused or annulled only in objectively justified circumstances under relevant Union or national law not relating to the criteria in paragraph 8 such as in the case of:

(a)

incompatibility with the legislation on money laundering and terrorist financing;

| (b) | imposture, abuse of confidence or falsification of documents; |
| --- | --- |

(b)

imposture, abuse of confidence or falsification of documents;

| (c) | severe and persistent non-compliance with obligations arising from the basic payment account. |
| --- | --- |

(c)

severe and persistent non-compliance with obligations arising from the basic payment account.

| 10. | If needed, Member States should put in place non-discriminatory and flexible measures to assist consumers in meeting due diligence requirements, while complying with the legislation on money laundering and terrorist financing. Such measures should, in particular, take into account the needs of consumers with no fixed address. |
| --- | --- |

10.

If needed, Member States should put in place non-discriminatory and flexible measures to assist consumers in meeting due diligence requirements, while complying with the legislation on money laundering and terrorist financing. Such measures should, in particular, take into account the needs of consumers with no fixed address.

| 11. | To facilitate this, Member States should be allowed to classify basic payment accounts as low-risk products in accordance with Article 3(3) of Commission Directive 2006/70/EC implementing Directive 2005/60/EC. Accordingly, providers may be obliged to apply simplified customer due diligence requirements. The Commission should aim to further clarify interpretations of the legislation on anti-money laundering and anti-terrorist financing to ensure that, in the context of basic banking services, they are applied in a balanced and proportional way. Nobody should be denied access to or be disqualified from a basic payment account on those grounds unless there are well-founded and objective reasons for doing so. Such rules should never be used as an unfounded pretext for rejecting commercially less attractive consumers. |
| --- | --- |

11.

To facilitate this, Member States should be allowed to classify basic payment accounts as low-risk products in accordance with Article 3(3) of Commission Directive 2006/70/EC implementing Directive 2005/60/EC. Accordingly, providers may be obliged to apply simplified customer due diligence requirements. The Commission should aim to further clarify interpretations of the legislation on anti-money laundering and anti-terrorist financing to ensure that, in the context of basic banking services, they are applied in a balanced and proportional way. Nobody should be denied access to or be disqualified from a basic payment account on those grounds unless there are well-founded and objective reasons for doing so. Such rules should never be used as an unfounded pretext for rejecting commercially less attractive consumers.

| 12. | The legislation to be adopted should oblige payment service providers to act transparently in relation to a decision to deny or close a basic payment account, while complying with the legislation on money laundering and terrorist financing as well as on the prevention and investigation of crimes. In order to allow the consumer to question the payment service provider's decision, the payment service provider should inform the consumer in writing of the reason for the refusal to open or decision to close a basic payment account. The provider should also be obliged to inform the consumer about possibilities for alternative dispute resolution mechanisms. |
| --- | --- |

12.

The legislation to be adopted should oblige payment service providers to act transparently in relation to a decision to deny or close a basic payment account, while complying with the legislation on money laundering and terrorist financing as well as on the prevention and investigation of crimes. In order to allow the consumer to question the payment service provider's decision, the payment service provider should inform the consumer in writing of the reason for the refusal to open or decision to close a basic payment account. The provider should also be obliged to inform the consumer about possibilities for alternative dispute resolution mechanisms.

| 13. | The legislation to be adopted should require the provider to act rapidly when verifying whether the consumer has right to access a basic payment account, whereby the provider must inform the consumer in writing about grounds for any delay longer than two weeks. Grounds for which the provider is responsible, such as an excessive workload, should not be justification for such a delay. The provider may require consumers to be physically present in the nearest available branch to open the account. However, where it would be impossible or unduly burdensome for consumers to be physically present, alternative solutions should be found. |
| --- | --- |

13.

The legislation to be adopted should require the provider to act rapidly when verifying whether the consumer has right to access a basic payment account, whereby the provider must inform the consumer in writing about grounds for any delay longer than two weeks. Grounds for which the provider is responsible, such as an excessive workload, should not be justification for such a delay. The provider may require consumers to be physically present in the nearest available branch to open the account. However, where it would be impossible or unduly burdensome for consumers to be physically present, alternative solutions should be found.

Recommendation 3 (on functionalities and cost)

| 14. | The legislation should enable the user of a basic payment account to make any essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services via both physical and remote channels using mainstream national systems. |
| --- | --- |

14.

The legislation should enable the user of a basic payment account to make any essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services via both physical and remote channels using mainstream national systems.

| 15. | Member States should be able, if they think fit, to allow payment service providers to provide small overdrafts as a buffer to cover temporary negative balances, where appropriate. Providers should, moreover, be free to offer credit products, as separate services, to basic payment account customers, where appropriate. The access to or use of the basic payment account should in no way be restricted by or made conditional on the purchase of such services or products. The fees charged for such overdrafts and for separate credit products should be transparent and at least as favourable as usual pricing policy of the provider. |
| --- | --- |

15.

Member States should be able, if they think fit, to allow payment service providers to provide small overdrafts as a buffer to cover temporary negative balances, where appropriate. Providers should, moreover, be free to offer credit products, as separate services, to basic payment account customers, where appropriate. The access to or use of the basic payment account should in no way be restricted by or made conditional on the purchase of such services or products. The fees charged for such overdrafts and for separate credit products should be transparent and at least as favourable as usual pricing policy of the provider.

| 16. | Access to a basic payment account should be offered free of charge or at a reasonable cost. If fees are charged, they should be transparent. Every Member State should establish an upper limit for the total annual fees related to opening and using a basic payment account. The Commission should assess the feasibility of establishing a Union-wide upper limit for the total annual fees related to opening and using a basic payment account. The Commission should also explore ways to adapt that Union limit to national circumstances such as general consumer price levels, income levels and average charges associated with regular payment accounts. Payment service providers should be required to ensure that, among the products that they offer, the basic payment account is always – no matter how the comparison is made – the most affordable account for carrying out basic payment transactions. |
| --- | --- |

16.

Access to a basic payment account should be offered free of charge or at a reasonable cost. If fees are charged, they should be transparent. Every Member State should establish an upper limit for the total annual fees related to opening and using a basic payment account. The Commission should assess the feasibility of establishing a Union-wide upper limit for the total annual fees related to opening and using a basic payment account. The Commission should also explore ways to adapt that Union limit to national circumstances such as general consumer price levels, income levels and average charges associated with regular payment accounts. Payment service providers should be required to ensure that, among the products that they offer, the basic payment account is always – no matter how the comparison is made – the most affordable account for carrying out basic payment transactions.

| 17. | Any penalty charges should be reasonable and at least as favourable as the provider’s usual pricing policy. Penalty charges should not be included when calculating total annual fees. |
| --- | --- |

17.

Any penalty charges should be reasonable and at least as favourable as the provider’s usual pricing policy. Penalty charges should not be included when calculating total annual fees.

| 18. | Providers should be obliged to include only functionalities that are part of their regular offer. Where this is the case, a basic payment account should include the following services: |
| --- | --- |

18.

Providers should be obliged to include only functionalities that are part of their regular offer. Where this is the case, a basic payment account should include the following services:

A.   Basic account management services

| (a) | the opening and closing of the payment account; |
| --- | --- |

(a)

the opening and closing of the payment account;

| (b) | services enabling cash to be placed and transactions to be received to a payment account; |
| --- | --- |

(b)

services enabling cash to be placed and transactions to be received to a payment account;

| (c) | services enabling cash withdrawals from a payment account; |
| --- | --- |

(c)

services enabling cash withdrawals from a payment account;

| (d) | provision of account statements. |
| --- | --- |

(d)

provision of account statements.

B.   Standard payment services

| (a) | transfers of funds in the currency of the Member State where the account has been opened via the execution of credit transfers including interbank executions; |
| --- | --- |

(a)

transfers of funds in the currency of the Member State where the account has been opened via the execution of credit transfers including interbank executions;

| (b) | transfers of funds in the currency of the Member State where the account has been opened via the execution of payment transactions through a payment card that does not allow the execution of payment transactions that would exceed the current balance of the payment account; |
| --- | --- |

(b)

transfers of funds in the currency of the Member State where the account has been opened via the execution of payment transactions through a payment card that does not allow the execution of payment transactions that would exceed the current balance of the payment account;

| (c) | the execution of standing orders in the currency of the Member State where the account has been opened, including interbank executions; |
| --- | --- |

(c)

the execution of standing orders in the currency of the Member State where the account has been opened, including interbank executions;

| (d) | the execution of direct debit in the currency of the Member State where the account has been opened including interbank executions in Member States where its use is necessary for the execution of essential transactions. |
| --- | --- |

(d)

the execution of direct debit in the currency of the Member State where the account has been opened including interbank executions in Member States where its use is necessary for the execution of essential transactions.

There should be no limitation to the number of operations effected under title A or title B. For the execution of the services under titles A and B, the consumer should be entitled to non-discriminatory access to the different channels offered by the provider, such as manual, over-the-counter transactions in branches, transactions via ATM, including other providers’ ATMs where technically possible, online banking and phone banking.

C.   Additional services

Member States may require further functionalities to be included in the basic payment account. Payment service providers should also be permitted, at their own initiative, to enlarge the range of functionalities, such as a facility for savings or international money remittances to or from accounts outside the Union.

Recommendation 4 (on information)

| 19. | Member States should provide consumers with necessary and understandable information about the availability of basic payment accounts, targeting the particular needs and concerns of unbanked, vulnerable and mobile consumers. The Commission and Member States should contribute to a high level of awareness among consumers and stakeholders. Providers should use different available channels, for example their websites and, where applicable, branches where information should be visible to consumers. |
| --- | --- |

19.

Member States should provide consumers with necessary and understandable information about the availability of basic payment accounts, targeting the particular needs and concerns of unbanked, vulnerable and mobile consumers. The Commission and Member States should contribute to a high level of awareness among consumers and stakeholders. Providers should use different available channels, for example their websites and, where applicable, branches where information should be visible to consumers.

| 20. | Member States should encourage banks to develop arrangements for advising their most vulnerable customers in order to help them to act responsibly and manage their budgets. |
| --- | --- |

20.

Member States should encourage banks to develop arrangements for advising their most vulnerable customers in order to help them to act responsibly and manage their budgets.

| 21. | In order for basic payment account customers to be serviced in an appropriate way, the legislation to be adopted should require providers to ensure that relevant staff are adequately trained and that potential conflicts of interest do not affect these customers in a negative way. |
| --- | --- |

21.

In order for basic payment account customers to be serviced in an appropriate way, the legislation to be adopted should require providers to ensure that relevant staff are adequately trained and that potential conflicts of interest do not affect these customers in a negative way.

| 22. | Information requirements deriving from the legislation to be adopted should be without prejudice to the requirements laid down by Directive 2007/64/EC concerning the provision of information to consumers. |
| --- | --- |

22.

Information requirements deriving from the legislation to be adopted should be without prejudice to the requirements laid down by Directive 2007/64/EC concerning the provision of information to consumers.

Recommendation 5 (on supervision, settlement of conflicts, statistics and compensation)

| 23. | The legislation to be adopted should oblige Member States to designate competent authorities to ensure and monitor effective compliance with its requirements. Those designated competent authorities should be independent from payment service providers. |
| --- | --- |

23.

The legislation to be adopted should oblige Member States to designate competent authorities to ensure and monitor effective compliance with its requirements. Those designated competent authorities should be independent from payment service providers.

| 24. | Member States should be obliged to specify principles for sanctions to be imposed on providers for non-compliance with the basic payment accounts framework, including for infringements on statistical requirements as described in paragraph 25. |
| --- | --- |

24.

Member States should be obliged to specify principles for sanctions to be imposed on providers for non-compliance with the basic payment accounts framework, including for infringements on statistical requirements as described in paragraph 25.

| 25. | Member States should be required to ensure that providers regularly provide the competent national authorities with reliable information on basic payment accounts opened and closed as well as on the applications for basic payment accounts that are refused and the grounds for such refusals. Providers should also make detailed information available to the competent national authorities on the costs related to basic payment accounts. |
| --- | --- |

25.

Member States should be required to ensure that providers regularly provide the competent national authorities with reliable information on basic payment accounts opened and closed as well as on the applications for basic payment accounts that are refused and the grounds for such refusals. Providers should also make detailed information available to the competent national authorities on the costs related to basic payment accounts.

| 26. | Each year, Member States should provide the aggregated information as described in paragraph 25 to the Commission and to the European Supervisory Authority (European Banking Authority). The data should be published in an aggregated and understandable form. |
| --- | --- |

26.

Each year, Member States should provide the aggregated information as described in paragraph 25 to the Commission and to the European Supervisory Authority (European Banking Authority). The data should be published in an aggregated and understandable form.

| 27. | Member States should ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in the legislation to be adopted between payment service providers and consumers, using existing bodies where appropriate. Alternative dispute resolution (ADR) bodies need to be independent, easily accessible and its services should be free of charge. In order to ensure its impartiality, equal representation of providers, consumers and other users needs to be ensured. Member States should ensure that all basic payment account providers adhere to one or more such bodies implementing such complaint and redress procedures. |
| --- | --- |

27.

Member States should ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in the legislation to be adopted between payment service providers and consumers, using existing bodies where appropriate. Alternative dispute resolution (ADR) bodies need to be independent, easily accessible and its services should be free of charge. In order to ensure its impartiality, equal representation of providers, consumers and other users needs to be ensured. Member States should ensure that all basic payment account providers adhere to one or more such bodies implementing such complaint and redress procedures.

| 28. | Member States should be required to ensure that ADR bodies actively cooperate in the resolution of cross-border disputes. Where disputes involve parties in different Member States, FIN NET should be used to resolve consumer complaints. |
| --- | --- |

28.

Member States should be required to ensure that ADR bodies actively cooperate in the resolution of cross-border disputes. Where disputes involve parties in different Member States, FIN NET should be used to resolve consumer complaints.

Recommendation 6 (on implementation and review)

| 29. | The legislation to be adopted should be implemented by Member States within 12 months following the date of its publication in the Official Journal of the European Union. |
| --- | --- |

29.

The legislation to be adopted should be implemented by Member States within 12 months following the date of its publication in the Official Journal of the European Union.

| 30. | In close cooperation with Member States and stakeholders, the Commission should, within three years after the entry into force of the directive and every five years thereafter, publish a report on its application. That report should evaluate:






  (a) | whether Member States have fully implemented the legislation; |
| --- | --- | --- |

30.

In close cooperation with Member States and stakeholders, the Commission should, within three years after the entry into force of the directive and every five years thereafter, publish a report on its application. That report should evaluate:

(a)

whether Member States have fully implemented the legislation;

| (b) | progress in ensuring access to basic payment services for all consumers in the Union, including both direct and indirect effects of the provisions of the directive on the elimination of financial exclusion; |
| --- | --- |

(b)

progress in ensuring access to basic payment services for all consumers in the Union, including both direct and indirect effects of the provisions of the directive on the elimination of financial exclusion;

| (c) | awareness among the consumers targeted by the directive about the availability and the features of basic payment accounts and consumers’ rights relating to those bank accounts; |
| --- | --- |

(c)

awareness among the consumers targeted by the directive about the availability and the features of basic payment accounts and consumers’ rights relating to those bank accounts;

| (d) | the charges relating to the provision of basic payment accounts including in relation to consumer price levels; |
| --- | --- |

(d)

the charges relating to the provision of basic payment accounts including in relation to consumer price levels;

| (e) | best practices and concrete recommendations for Member States with high or persistent levels of consumer exclusion of payment services; |
| --- | --- |

(e)

best practices and concrete recommendations for Member States with high or persistent levels of consumer exclusion of payment services;

| (f) | effects on the integration and construction of a internal market for retail banking throughout the Union and distortions of competition between providers of basic payment accounts. |
| --- | --- |

(f)

effects on the integration and construction of a internal market for retail banking throughout the Union and distortions of competition between providers of basic payment accounts.

Where appropriate, the report should be accompanied by a proposal for amendments to the legislation and by recommendations for better implementation in the Member States. The report should be forwarded to the European Parliament and to the Council.

| 31. | The Commission should complement the proposed directive on basic payment accounts by further initiatives aiming at further integration and harmonisation of retail banking services and prevention of financial exclusion. Such a package should, in particular:






  (a) | improve competition in relation to payment and banking services to:






  (i) | ensure prices of fees related to bank accounts are transparent and comparable so that consumers can compare tariffs of different banks and shop around for better deals; |
| --- | --- | --- | --- |

31.

The Commission should complement the proposed directive on basic payment accounts by further initiatives aiming at further integration and harmonisation of retail banking services and prevention of financial exclusion. Such a package should, in particular:

(a)

improve competition in relation to payment and banking services to:

(i)

ensure prices of fees related to bank accounts are transparent and comparable so that consumers can compare tariffs of different banks and shop around for better deals;

| (ii) | eliminate all technical and administrative obstacles to switching bank accounts to allow consumers to easily move their bank account from one bank to another; |
| --- | --- |

(ii)

eliminate all technical and administrative obstacles to switching bank accounts to allow consumers to easily move their bank account from one bank to another;

| (b) | improve sellers’ acceptance of different types of payment methods in order to allow consumers to reap the benefits offered by e-commerce; with this in mind, sellers should universally offer the possibility of paying by a basic payment card without any payment surcharge; |
| --- | --- |

(b)

improve sellers’ acceptance of different types of payment methods in order to allow consumers to reap the benefits offered by e-commerce; with this in mind, sellers should universally offer the possibility of paying by a basic payment card without any payment surcharge;

| (c) | further clarify interpretations of anti-money laundering and anti-terrorist financing rules in order to ensure that such rules are never used as an unfounded pretext for rejecting commercially less attractive consumers; |
| --- | --- |

(c)

further clarify interpretations of anti-money laundering and anti-terrorist financing rules in order to ensure that such rules are never used as an unfounded pretext for rejecting commercially less attractive consumers;

| (d) | improve financial education, including at school, combat over-indebtedness, the most significant new social risk across the Union and improve access to fair credit and micro credits throughout the Union. |
| --- | --- |

(d)

improve financial education, including at school, combat over-indebtedness, the most significant new social risk across the Union and improve access to fair credit and micro credits throughout the Union.

---

Thursday 5 July 2012

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/82 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/82

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Thursday 5 July 2012EU policy on the West Bank and East Jerusalem

P7_TA(2012)0298

European Parliament resolution of 5 July 2012 on EU policy on the West Bank and East Jerusalem (2012/2694(RSP))

2013/C 349 E/11

The European Parliament,

| — | having regard to its previous resolutions, in particular those of 29 September 2011 on the situation in Palestine (1), of 16 February 2012 on the proposal for a Council decision on the conclusion of the regional Convention on pan-Euro-Mediterranean preferential rules of origin (2), and of 9 September 2010 on the situation of the Jordan River with special regard to the Lower Jordan River area (3), |
| --- | --- |

—

having regard to its previous resolutions, in particular those of 29 September 2011 on the situation in Palestine (1), of 16 February 2012 on the proposal for a Council decision on the conclusion of the regional Convention on pan-Euro-Mediterranean preferential rules of origin (2), and of 9 September 2010 on the situation of the Jordan River with special regard to the Lower Jordan River area (3),

| — | having regard to the Council conclusions on the Middle East Peace Process of 14 May 2012, 18 July and 23 May 2011, and 8 December 2009, |
| --- | --- |

—

having regard to the Council conclusions on the Middle East Peace Process of 14 May 2012, 18 July and 23 May 2011, and 8 December 2009,

| — | having regard to the speech delivered by VP/HR Catherine Ashton at Parliament’s plenary sitting of 12 June 2012 on the latest developments in the Middle East and Syria, |
| --- | --- |

—

having regard to the speech delivered by VP/HR Catherine Ashton at Parliament’s plenary sitting of 12 June 2012 on the latest developments in the Middle East and Syria,

| — | having regard to the statements of VP/HR Catherine Ashton, in particular those of 8 June 2012 on settlement expansion, of 25 April 2012 on the decision of the Israeli authorities regarding the status of the settlements of Sansana, Rechelim and Bruchin in the occupied Palestinian territory, and of 22 February 2012 on Israeli settlement approvals, |
| --- | --- |

—

having regard to the statements of VP/HR Catherine Ashton, in particular those of 8 June 2012 on settlement expansion, of 25 April 2012 on the decision of the Israeli authorities regarding the status of the settlements of Sansana, Rechelim and Bruchin in the occupied Palestinian territory, and of 22 February 2012 on Israeli settlement approvals,

| — | having regard to the EU Heads of Mission reports on East Jerusalem of January 2012 and on ‘Area C and Palestinian State Building’ of July 2011, and to the EU Heads of Mission report on settler violence of April 2011 and the accompanying EU Heads of Mission note on settler violence of February 2012, |
| --- | --- |

—

having regard to the EU Heads of Mission reports on East Jerusalem of January 2012 and on ‘Area C and Palestinian State Building’ of July 2011, and to the EU Heads of Mission report on settler violence of April 2011 and the accompanying EU Heads of Mission note on settler violence of February 2012,

| — | having regard to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949, |
| --- | --- |

—

having regard to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 1949,

| — | having regard to the Charter of the United Nations, |
| --- | --- |

—

having regard to the Charter of the United Nations,

| — | having regard to UN General Assembly resolutions 181 (1947) and 194 (1948), and UN Security Council resolutions 242 (1967), 252 (1968), 338 (1973), 476 (1980), 478 (1980), 1397 (2002), 1515 (2003), and 1850 (2008), |
| --- | --- |

—

having regard to UN General Assembly resolutions 181 (1947) and 194 (1948), and UN Security Council resolutions 242 (1967), 252 (1968), 338 (1973), 476 (1980), 478 (1980), 1397 (2002), 1515 (2003), and 1850 (2008),

| — | having regard to the UN International Covenant on Civil and Political Rights of 1966, |
| --- | --- |

—

having regard to the UN International Covenant on Civil and Political Rights of 1966,

| — | having regard to Middle East Quartet statements, in particular those of 11 April 2012 and 23 September 2011, |
| --- | --- |

—

having regard to Middle East Quartet statements, in particular those of 11 April 2012 and 23 September 2011,

| — | having regard to the joint statement by Israel and the Palestinian Authority (PA) of 12 May 2012, |
| --- | --- |

—

having regard to the joint statement by Israel and the Palestinian Authority (PA) of 12 May 2012,

| — | having regard to the advisory opinion of the International Court of Justice entitled ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’ of 9 July 2004, |
| --- | --- |

—

having regard to the advisory opinion of the International Court of Justice entitled ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’ of 9 July 2004,

| — | having regard to Palestinian Prime Minister Salam Fayyad’s two-year state-building plan entitled ‘Ending the Occupation, Establishing a State’ of August 2009, |
| --- | --- |

—

having regard to Palestinian Prime Minister Salam Fayyad’s two-year state-building plan entitled ‘Ending the Occupation, Establishing a State’ of August 2009,

| — | having regard to the Interim Agreement on the West Bank and Gaza Strip of 18 September 1995, |
| --- | --- |

—

having regard to the Interim Agreement on the West Bank and Gaza Strip of 18 September 1995,

| — | having regard to the Oslo Accords (‘Declaration of Principles on Interim Self-Government Arrangements’) of 13 September 1993, |
| --- | --- |

—

having regard to the Oslo Accords (‘Declaration of Principles on Interim Self-Government Arrangements’) of 13 September 1993,

| — | having regard to Rule 110(2) and (4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 110(2) and (4) of its Rules of Procedure,

| A. | whereas the EU has repeatedly confirmed its support for the two-state solution with the State of Israel with secure and recognised borders and an independent, democratic, contiguous and viable State of Palestine living side by side in peace and security, and declared that no changes to the pre-1967 borders, other than those agreed by the parties, will be recognised, including with regard to Jerusalem as the capital of two states; whereas the right of Palestinians to self-determination and to have their own state is unquestionable, as is the right of Israel to exist within safe borders; |
| --- | --- |

A.

whereas the EU has repeatedly confirmed its support for the two-state solution with the State of Israel with secure and recognised borders and an independent, democratic, contiguous and viable State of Palestine living side by side in peace and security, and declared that no changes to the pre-1967 borders, other than those agreed by the parties, will be recognised, including with regard to Jerusalem as the capital of two states; whereas the right of Palestinians to self-determination and to have their own state is unquestionable, as is the right of Israel to exist within safe borders;

| B. | whereas the Council conclusions of 14 May 2012 underlined that ‘the ongoing changes across the Arab world make the need for progress on the Middle East peace process all the more urgent’ and that ‘heeding the aspirations of the people in the region, including those of Palestinians for statehood and those of Israelis for security, is a crucial element for lasting peace, stability and prosperity in the region’; |
| --- | --- |

B.

whereas the Council conclusions of 14 May 2012 underlined that ‘the ongoing changes across the Arab world make the need for progress on the Middle East peace process all the more urgent’ and that ‘heeding the aspirations of the people in the region, including those of Palestinians for statehood and those of Israelis for security, is a crucial element for lasting peace, stability and prosperity in the region’;

| C. | whereas direct peace talks between the parties are stalled and all recent efforts to resume negotiations have failed; whereas the EU has called on the parties to pursue actions conducive to an environment of confidence necessary to ensure meaningful negotiations, to refrain from actions that undermine the credibility of the process and to prevent incitement; |
| --- | --- |

C.

whereas direct peace talks between the parties are stalled and all recent efforts to resume negotiations have failed; whereas the EU has called on the parties to pursue actions conducive to an environment of confidence necessary to ensure meaningful negotiations, to refrain from actions that undermine the credibility of the process and to prevent incitement;

| D. | whereas Israel and the Palestinian Authority issued the following joint statement on 12 May 2012: ‘Israel and the Palestinian Authority are committed to achieving peace and the sides hope that the exchange of letters between President Abbas and Prime Minister Netanyahu will further this goal’; |
| --- | --- |

D.

whereas Israel and the Palestinian Authority issued the following joint statement on 12 May 2012: ‘Israel and the Palestinian Authority are committed to achieving peace and the sides hope that the exchange of letters between President Abbas and Prime Minister Netanyahu will further this goal’;

| E. | whereas international human rights and humanitarian law, including the Fourth Geneva Convention, is fully applicable to the West Bank, including East Jerusalem and the Gaza Strip; whereas Israel is obliged, inter alia, to ensure in good faith that the basic needs of the occupied Palestinian population are met, administer its occupation in a manner that benefits the local population, protect and preserve civilian objects, and avoid the transfer of its own population into the occupied territory and of the population of the occupied territory into its own territory; |
| --- | --- |

E.

whereas international human rights and humanitarian law, including the Fourth Geneva Convention, is fully applicable to the West Bank, including East Jerusalem and the Gaza Strip; whereas Israel is obliged, inter alia, to ensure in good faith that the basic needs of the occupied Palestinian population are met, administer its occupation in a manner that benefits the local population, protect and preserve civilian objects, and avoid the transfer of its own population into the occupied territory and of the population of the occupied territory into its own territory;

| F. | whereas the recent EU Heads of Mission reports on ‘Area C and Palestinian State Building’, on East Jerusalem, and on settler violence, confirmed once more alarming and potentially irreversible developments on the ground in the areas concerned; whereas the Israeli Ministry of Foreign Affairs rejects the claims made in the EU papers and has criticised the papers stating that they do not help to advance the peace process; |
| --- | --- |

F.

whereas the recent EU Heads of Mission reports on ‘Area C and Palestinian State Building’, on East Jerusalem, and on settler violence, confirmed once more alarming and potentially irreversible developments on the ground in the areas concerned; whereas the Israeli Ministry of Foreign Affairs rejects the claims made in the EU papers and has criticised the papers stating that they do not help to advance the peace process;

| G. | whereas, since the 1995 Oslo Agreements, the West Bank has been administratively divided into three zones or areas; whereas Area C composes the largest portion of the West Bank territory; whereas social and economic developments in Area C are of critical importance for the viability of a future Palestinian state; |
| --- | --- |

G.

whereas, since the 1995 Oslo Agreements, the West Bank has been administratively divided into three zones or areas; whereas Area C composes the largest portion of the West Bank territory; whereas social and economic developments in Area C are of critical importance for the viability of a future Palestinian state;

| H. | whereas the Palestinian presence in the West Bank, with special regard to Area C, and in East Jerusalem has been undermined by Israeli Government policies, especially by the building and expansion of settlements; whereas Israeli settlements are illegal under international law and constitute a major obstacle to peace efforts while they are subsidised by the Israeli Government with considerable incentives in the fields of taxation, housing, infrastructure, roads, access to water, education, health care, etc.; |
| --- | --- |

H.

whereas the Palestinian presence in the West Bank, with special regard to Area C, and in East Jerusalem has been undermined by Israeli Government policies, especially by the building and expansion of settlements; whereas Israeli settlements are illegal under international law and constitute a major obstacle to peace efforts while they are subsidised by the Israeli Government with considerable incentives in the fields of taxation, housing, infrastructure, roads, access to water, education, health care, etc.;

| I. | whereas Israel, in its ‘Basic Law: Jerusalem, Capital of Israel’ of 1980, declared Jerusalem the complete and united capital of Israel, which is in contradiction with UN Security Council resolution 478 (1980); whereas the Council conclusions of 14 May 2012 reiterated again that a way must be found through negotiations to resolve the status of Jerusalem as the future capital of two states; whereas current developments in East Jerusalem, make the prospect of Jerusalem becoming the future capital of two states increasingly unlikely and unworkable in practice; whereas East Jerusalem is increasingly detached from the West Bank while the Historic Basin within Jerusalem is increasingly detached from the rest of East Jerusalem; |
| --- | --- |

I.

whereas Israel, in its ‘Basic Law: Jerusalem, Capital of Israel’ of 1980, declared Jerusalem the complete and united capital of Israel, which is in contradiction with UN Security Council resolution 478 (1980); whereas the Council conclusions of 14 May 2012 reiterated again that a way must be found through negotiations to resolve the status of Jerusalem as the future capital of two states; whereas current developments in East Jerusalem, make the prospect of Jerusalem becoming the future capital of two states increasingly unlikely and unworkable in practice; whereas East Jerusalem is increasingly detached from the West Bank while the Historic Basin within Jerusalem is increasingly detached from the rest of East Jerusalem;

| J. | whereas, while Palestinians living in East Jerusalem represent 37 % of the population of Jerusalem and account for 36 % of the municipality’s fiscal revenues, only 10 % of the municipal budget is spent in East Jerusalem, with the provision of services being highly inadequate; whereas most Palestinian institutions, including the Orient House, have been closed by the Israeli authorities in East Jerusalem, creating an institutional and leadership vacuum in the local Palestinian population, which remains a key concern; |
| --- | --- |

J.

whereas, while Palestinians living in East Jerusalem represent 37 % of the population of Jerusalem and account for 36 % of the municipality’s fiscal revenues, only 10 % of the municipal budget is spent in East Jerusalem, with the provision of services being highly inadequate; whereas most Palestinian institutions, including the Orient House, have been closed by the Israeli authorities in East Jerusalem, creating an institutional and leadership vacuum in the local Palestinian population, which remains a key concern;

| K. | whereas Palestinians living in East Jerusalem have a permanent-resident status which can only be transferred to children under certain conditions and is not automatically transferred through marriage, preventing spouses and children of many East Jerusalem permanent residents from living with their family members; whereas, on the other hand, approximately 200 000 Israeli settlers are living in and around East Jerusalem; |
| --- | --- |

K.

whereas Palestinians living in East Jerusalem have a permanent-resident status which can only be transferred to children under certain conditions and is not automatically transferred through marriage, preventing spouses and children of many East Jerusalem permanent residents from living with their family members; whereas, on the other hand, approximately 200 000 Israeli settlers are living in and around East Jerusalem;

| L. | whereas protecting the Palestinian population and its rights in the West Bank, with special regard to Area C, and in East Jerusalem is of the utmost importance for preserving the viability of the two-state solution; whereas the ongoing expansion of settlements and settler violence, planning restrictions and the consequent acute house shortage, house demolitions, evictions and displacements, confiscation of land, difficult access to natural resources, and the lack of basic social services and assistance are having a significant negative impact on the living conditions of Palestinians; whereas the economic situation in these areas, aggravated by the restrictions on access, movement and planning, remains a major source of concern; whereas, according to the annual ILO report, 53,5 % of young women and 32,3 % of young men between the ages of 15 and 24 in the West Bank are unemployed; |
| --- | --- |

L.

whereas protecting the Palestinian population and its rights in the West Bank, with special regard to Area C, and in East Jerusalem is of the utmost importance for preserving the viability of the two-state solution; whereas the ongoing expansion of settlements and settler violence, planning restrictions and the consequent acute house shortage, house demolitions, evictions and displacements, confiscation of land, difficult access to natural resources, and the lack of basic social services and assistance are having a significant negative impact on the living conditions of Palestinians; whereas the economic situation in these areas, aggravated by the restrictions on access, movement and planning, remains a major source of concern; whereas, according to the annual ILO report, 53,5 % of young women and 32,3 % of young men between the ages of 15 and 24 in the West Bank are unemployed;

| M. | whereas the Palestinian population in the West Bank, in Area C in particular, and in East Jerusalem faces serious water shortages; whereas Palestinian farmers are seriously affected by the lack of water for irrigation, which stems from the use of most of the water in question by Israel and by Israeli settlers; whereas the availability of sufficient water resources is essential to the viability of a future Palestinian State; |
| --- | --- |

M.

whereas the Palestinian population in the West Bank, in Area C in particular, and in East Jerusalem faces serious water shortages; whereas Palestinian farmers are seriously affected by the lack of water for irrigation, which stems from the use of most of the water in question by Israel and by Israeli settlers; whereas the availability of sufficient water resources is essential to the viability of a future Palestinian State;

| N. | whereas the separation wall built by Israel, which does not follow the Green Line, cuts off considerable parts of Palestinian territory both in the West Bank and in East Jerusalem; whereas the advisory opinion of the International Court of Justice entitled ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’ of 2004 declared that ‘the construction of the wall being built by Israel ..., and its associated régime, are contrary to international law’; |
| --- | --- |

N.

whereas the separation wall built by Israel, which does not follow the Green Line, cuts off considerable parts of Palestinian territory both in the West Bank and in East Jerusalem; whereas the advisory opinion of the International Court of Justice entitled ‘Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory’ of 2004 declared that ‘the construction of the wall being built by Israel ..., and its associated régime, are contrary to international law’;

| O. | whereas Parliament has repeatedly expressed its support for the state-building efforts of President Mahmoud Abbas and Prime Minister Salam Fayyad and acknowledged and welcomed the success of the two-year state-building plan of Prime Minister Fayyad; whereas Area C and East Jerusalem should remain priorities in Palestinian national development plans, particularly in response to the sense of neglect felt by Palestinians living in these areas; |
| --- | --- |

O.

whereas Parliament has repeatedly expressed its support for the state-building efforts of President Mahmoud Abbas and Prime Minister Salam Fayyad and acknowledged and welcomed the success of the two-year state-building plan of Prime Minister Fayyad; whereas Area C and East Jerusalem should remain priorities in Palestinian national development plans, particularly in response to the sense of neglect felt by Palestinians living in these areas;

| P. | whereas more than 4 500 Palestinian prisoners, including 24 members of the Palestinian Legislative Council, around 240 children, and more than 300 Palestinian administrative detainees, are currently detained in Israeli prisons and detention centres; |
| --- | --- |

P.

whereas more than 4 500 Palestinian prisoners, including 24 members of the Palestinian Legislative Council, around 240 children, and more than 300 Palestinian administrative detainees, are currently detained in Israeli prisons and detention centres;

| Q. | whereas Arab Bedouins are indigenous people leading a sedentary and traditionally agricultural life on their ancestral lands and are seeking formal and permanent recognition of their unique situation and status; whereas Arab Bedouin communities, threatened by Israeli policies undermining their livelihoods and including forced transfer, are a particularly vulnerable population both in the occupied Palestinian Territory and in the Negev; |
| --- | --- |

Q.

whereas Arab Bedouins are indigenous people leading a sedentary and traditionally agricultural life on their ancestral lands and are seeking formal and permanent recognition of their unique situation and status; whereas Arab Bedouin communities, threatened by Israeli policies undermining their livelihoods and including forced transfer, are a particularly vulnerable population both in the occupied Palestinian Territory and in the Negev;

| R. | whereas, according to the report of the Displacement Working Group (DWG) which was published on 14 May 2012 and to the monthly Humanitarian Monitor of OCHA, more than 60 structures, including solar panels, water tanks and agricultural buildings, funded by the European Union and a number of its Member States, were destroyed by Israeli forces since January 2011; whereas more than 100 similar projects are under threat of demolition; |
| --- | --- |

R.

whereas, according to the report of the Displacement Working Group (DWG) which was published on 14 May 2012 and to the monthly Humanitarian Monitor of OCHA, more than 60 structures, including solar panels, water tanks and agricultural buildings, funded by the European Union and a number of its Member States, were destroyed by Israeli forces since January 2011; whereas more than 100 similar projects are under threat of demolition;

| S. | whereas, on many occasions, including in the Council conclusions of 14 May 2012, the EU and its Member States have reiterated their fundamental commitment to the security of Israel, condemned in the strongest terms violence deliberately targeting civilians, including rocket attacks from the Gaza Strip, and called for the effective prevention of arms smuggling into Gaza; |
| --- | --- |

S.

whereas, on many occasions, including in the Council conclusions of 14 May 2012, the EU and its Member States have reiterated their fundamental commitment to the security of Israel, condemned in the strongest terms violence deliberately targeting civilians, including rocket attacks from the Gaza Strip, and called for the effective prevention of arms smuggling into Gaza;

| T. | whereas Article 2 of the EU-Israel Association Agreement states that relations between the parties shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this agreement; |
| --- | --- |

T.

whereas Article 2 of the EU-Israel Association Agreement states that relations between the parties shall be based on respect for human rights and democratic principles, which guides their internal and international policy and constitutes an essential element of this agreement;

| U. | whereas the blockade of and the humanitarian crisis in the Gaza Strip has continued since 2007 despite numerous calls made by the international community for the immediate, sustained and unconditional opening of crossings for the flow of humanitarian aid, commercial goods and persons to and from Gaza, as also reiterated in the Council conclusions of 14 May 2012; |
| --- | --- |

U.

whereas the blockade of and the humanitarian crisis in the Gaza Strip has continued since 2007 despite numerous calls made by the international community for the immediate, sustained and unconditional opening of crossings for the flow of humanitarian aid, commercial goods and persons to and from Gaza, as also reiterated in the Council conclusions of 14 May 2012;

| 1. | Reiterates its strong support for the two-state solution on the basis of the 1967 borders, with Jerusalem as capital of both states, and with the State of Israel with secure and recognised borders and an independent, democratic, contiguous and viable State of Palestine living side by side in peace and security; |
| --- | --- |

1.

Reiterates its strong support for the two-state solution on the basis of the 1967 borders, with Jerusalem as capital of both states, and with the State of Israel with secure and recognised borders and an independent, democratic, contiguous and viable State of Palestine living side by side in peace and security;

| 2. | Welcomes the Council conclusions on the Middle East Peace Process of 14 May 2012 – which include conclusions on the West Bank and East Jerusalem – and reiterates that the EU will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties, also welcomes the Middle East Quartet statement of 11 April 2012; |
| --- | --- |

2.

Welcomes the Council conclusions on the Middle East Peace Process of 14 May 2012 – which include conclusions on the West Bank and East Jerusalem – and reiterates that the EU will not recognise any changes to the pre-1967 borders, including with regard to Jerusalem, other than those agreed by the parties, also welcomes the Middle East Quartet statement of 11 April 2012;

| 3. | Stresses that ending the conflict is a fundamental interest of the EU, as well as of the parties themselves and the wider region, and that this can be achieved through a comprehensive peace agreement, based on the relevant UN Security Council resolutions, the Madrid Principles including land for peace, the Roadmap, the agreements previously reached by the parties and the Arab Peace Initiative; insists on the fact that any resulting resolution should not affect the dignity of either side; notes that the EU, as the largest donor to the Palestinian Authority and one of Israel’s major trading partners has instruments at its disposal to more actively encourage both parties to work towards a solution; calls on both parties to work together with the EU, which should pursue all efforts to resolve the conflict; recalls the applicability of international humanitarian law in the occupied Palestinian territory, including the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War; |
| --- | --- |

3.

Stresses that ending the conflict is a fundamental interest of the EU, as well as of the parties themselves and the wider region, and that this can be achieved through a comprehensive peace agreement, based on the relevant UN Security Council resolutions, the Madrid Principles including land for peace, the Roadmap, the agreements previously reached by the parties and the Arab Peace Initiative; insists on the fact that any resulting resolution should not affect the dignity of either side; notes that the EU, as the largest donor to the Palestinian Authority and one of Israel’s major trading partners has instruments at its disposal to more actively encourage both parties to work towards a solution; calls on both parties to work together with the EU, which should pursue all efforts to resolve the conflict; recalls the applicability of international humanitarian law in the occupied Palestinian territory, including the applicability of the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War;

| 4. | Stresses that direct negotiations leading to a two-state solution between Israelis and Palestinians should be resumed without delay and according to the deadlines called for by the Quartet, in order to overcome the unacceptable status quo; welcomes the exchange of letters between the parties initiated on 17 April 2012 and the joint statement by Israel and the PA of 12 May 2012; |
| --- | --- |

4.

Stresses that direct negotiations leading to a two-state solution between Israelis and Palestinians should be resumed without delay and according to the deadlines called for by the Quartet, in order to overcome the unacceptable status quo; welcomes the exchange of letters between the parties initiated on 17 April 2012 and the joint statement by Israel and the PA of 12 May 2012;

| 5. | Expresses its deepest concern about developments on the ground in Area C in the West Bank and in East Jerusalem, as described in the EU Heads of Mission reports on ‘Area C and Palestinian State Building’ of July 2011 and on East Jerusalem of January 2012; |
| --- | --- |

5.

Expresses its deepest concern about developments on the ground in Area C in the West Bank and in East Jerusalem, as described in the EU Heads of Mission reports on ‘Area C and Palestinian State Building’ of July 2011 and on East Jerusalem of January 2012;

| 6. | Stresses the importance of protecting the Palestinian population and its rights in Area C and in East Jerusalem, which is essential for keeping the viability of the two-state solution alive; |
| --- | --- |

6.

Stresses the importance of protecting the Palestinian population and its rights in Area C and in East Jerusalem, which is essential for keeping the viability of the two-state solution alive;

| 7. | Reiterates that all settlements remain illegal under international law and calls on the Israeli Government to stop all construction and extension of settlements in the West Bank and East Jerusalem and to dismantle all outposts erected since March 2001; |
| --- | --- |

7.

Reiterates that all settlements remain illegal under international law and calls on the Israeli Government to stop all construction and extension of settlements in the West Bank and East Jerusalem and to dismantle all outposts erected since March 2001;

| 8. | Strongly condemns all acts extremism, violence and harassment committed by settlers against Palestinian civilians and calls on the Israeli Government and authorities to bring the perpetrators of such acts to justice and hold them accountable; |
| --- | --- |

8.

Strongly condemns all acts extremism, violence and harassment committed by settlers against Palestinian civilians and calls on the Israeli Government and authorities to bring the perpetrators of such acts to justice and hold them accountable;

| 9. | Calls for full and effective implementation of existing EU legislation and EU-Israel bilateral agreements to ensure that the EU control mechanism – the ‘technical arrangements’ – does not allow Israeli settlement products to be imported to the European market under the preferential terms of the EU-Israel Association Agreement; |
| --- | --- |

9.

Calls for full and effective implementation of existing EU legislation and EU-Israel bilateral agreements to ensure that the EU control mechanism – the ‘technical arrangements’ – does not allow Israeli settlement products to be imported to the European market under the preferential terms of the EU-Israel Association Agreement;

| 10. | Calls on the Israeli Government and authorities to meet their obligations under international humanitarian law, in particular by:






  — | securing an immediate end to house demolitions, evictions and forced displacement of Palestinians, |
| --- | --- | --- |

10.

Calls on the Israeli Government and authorities to meet their obligations under international humanitarian law, in particular by:

—

securing an immediate end to house demolitions, evictions and forced displacement of Palestinians,

| — | facilitating Palestinian planning and building activities and the implementation of Palestinian developments projects, |
| --- | --- |

—

facilitating Palestinian planning and building activities and the implementation of Palestinian developments projects,

| — | facilitating access and movement, |
| --- | --- |

—

facilitating access and movement,

| — | facilitating the access of Palestinians to farming and grazing locations, |
| --- | --- |

—

facilitating the access of Palestinians to farming and grazing locations,

| — | ensuring a fair distribution of water meeting the needs of the Palestinian population, |
| --- | --- |

—

ensuring a fair distribution of water meeting the needs of the Palestinian population,

| — | improving access of the Palestinian population to adequate social services and assistance, in particular in the fields of education and public health, and |
| --- | --- |

—

improving access of the Palestinian population to adequate social services and assistance, in particular in the fields of education and public health, and

| — | facilitating humanitarian operations in Area C and in East Jerusalem; |
| --- | --- |

—

facilitating humanitarian operations in Area C and in East Jerusalem;

| 11. | Calls for an end to the administrative detention without formal charge or trial of Palestinians by Israeli authorities, for access to a fair trial for all Palestinian detainees, and for the release of Palestinian political prisoners, with special regard for members of the Palestinian Legislative Council, including Marwan Barghouti, and administrative detainees; calls also for the immediate release of Nabil Al-Raee, the artistic director of the Freedom Theatre in Jenin Refugee Camp, arrested on and detained since 6 June 2012; welcomes the agreement reached on 14 May 2012 that allowed for the end of the hunger strike of the Palestinian prisoners and calls for its full and immediate implementation; |
| --- | --- |

11.

Calls for an end to the administrative detention without formal charge or trial of Palestinians by Israeli authorities, for access to a fair trial for all Palestinian detainees, and for the release of Palestinian political prisoners, with special regard for members of the Palestinian Legislative Council, including Marwan Barghouti, and administrative detainees; calls also for the immediate release of Nabil Al-Raee, the artistic director of the Freedom Theatre in Jenin Refugee Camp, arrested on and detained since 6 June 2012; welcomes the agreement reached on 14 May 2012 that allowed for the end of the hunger strike of the Palestinian prisoners and calls for its full and immediate implementation;

| 12. | Calls for the protection of the Bedouin communities of the West Bank and in the Negev, and for their rights to be fully respected by the Israeli authorities, and condemns any violations (e.g. house demolitions, forced displacements, public service limitations); calls also, in this context, for the withdrawal of the Prawer Plan by the Israeli Government; |
| --- | --- |

12.

Calls for the protection of the Bedouin communities of the West Bank and in the Negev, and for their rights to be fully respected by the Israeli authorities, and condemns any violations (e.g. house demolitions, forced displacements, public service limitations); calls also, in this context, for the withdrawal of the Prawer Plan by the Israeli Government;

| 13. | Encourages the Palestinian Government and authorities to pay increasing attention to Area C and East Jerusalem in Palestinian national development plans and projects, with the aim of improving the situation and living conditions of the Palestinian population in these areas; |
| --- | --- |

13.

Encourages the Palestinian Government and authorities to pay increasing attention to Area C and East Jerusalem in Palestinian national development plans and projects, with the aim of improving the situation and living conditions of the Palestinian population in these areas;

| 14. | Stresses again that peaceful and non-violent means are the only way to achieve a sustainable solution to the Israeli-Palestinian conflict; continues to support, in this context, President Abbas’ policy of non-violent resistance and to encourage intra-Palestinian reconciliation and Palestinian state-building, and considers presidential and parliamentary elections to be important elements of this process; |
| --- | --- |

14.

Stresses again that peaceful and non-violent means are the only way to achieve a sustainable solution to the Israeli-Palestinian conflict; continues to support, in this context, President Abbas’ policy of non-violent resistance and to encourage intra-Palestinian reconciliation and Palestinian state-building, and considers presidential and parliamentary elections to be important elements of this process;

| 15. | Reiterates its strong commitment to the security of the State of Israel; condemns any act of violence by any party deliberately attacking civilians, and is appalled by the rocket attacks from the Gaza Strip; |
| --- | --- |

15.

Reiterates its strong commitment to the security of the State of Israel; condemns any act of violence by any party deliberately attacking civilians, and is appalled by the rocket attacks from the Gaza Strip;

| 16. | Calls on the Council and the Commission to continue to support and deliver assistance to Palestinian institutions and development projects in Area C and in East Jerusalem with the aim of protecting and strengthening the Palestinian population; calls for improved coordination between the EU and Member States in this field; stresses that Israel must put an end to the practice of withholding customs and tax revenues belonging to the Palestinian Authority; |
| --- | --- |

16.

Calls on the Council and the Commission to continue to support and deliver assistance to Palestinian institutions and development projects in Area C and in East Jerusalem with the aim of protecting and strengthening the Palestinian population; calls for improved coordination between the EU and Member States in this field; stresses that Israel must put an end to the practice of withholding customs and tax revenues belonging to the Palestinian Authority;

| 17. | Calls on the EEAS and the Commission to verify on the ground all allegations concerning the destruction of and damage caused to EU-funded structures and projects in the occupied territory, and submit the results to Parliament; |
| --- | --- |

17.

Calls on the EEAS and the Commission to verify on the ground all allegations concerning the destruction of and damage caused to EU-funded structures and projects in the occupied territory, and submit the results to Parliament;

| 18. | Calls on the Council and the Commission to continue to address these issues at all levels in the EU’s bilateral relations with Israel and the Palestinian Authority; stresses that Israel’s commitment to respect its obligations under international human rights and humanitarian law towards the Palestinian population must be taken into full consideration in the EU’s bilateral relations with the country; |
| --- | --- |

18.

Calls on the Council and the Commission to continue to address these issues at all levels in the EU’s bilateral relations with Israel and the Palestinian Authority; stresses that Israel’s commitment to respect its obligations under international human rights and humanitarian law towards the Palestinian population must be taken into full consideration in the EU’s bilateral relations with the country;

| 19. | Urges the EU and Member States again to play a more active political role, including within the Quartet, in the efforts aimed at achieving a just and lasting peace between Israelis and Palestinians; stresses again the central role of the Quartet and continues to support the High Representative in her efforts to create a credible perspective for re-launching the peace process; |
| --- | --- |

19.

Urges the EU and Member States again to play a more active political role, including within the Quartet, in the efforts aimed at achieving a just and lasting peace between Israelis and Palestinians; stresses again the central role of the Quartet and continues to support the High Representative in her efforts to create a credible perspective for re-launching the peace process;

| 20. | Reiterates its call for the immediate, sustained and unconditional lifting of the blockade of the Gaza Strip in terms of persons, the flow of humanitarian aid and commercial goods, and for steps allowing for the reconstruction and economic recovery of this area; calls also, with due recognition of Israel’s legitimate security needs, for an effective control mechanism preventing the smuggling of arms into Gaza; takes note of the decision of the Council to extend the mandate of the European Border Assistance Mission Rafah until 30 June 2013 and expects it to fulfil its tasks and play a decisive and effective role as regards the daily management of cross-border relations and the build-up of confidence between Israel and the Palestinian Authority; calls on Hamas to recognise the State of Israel and to give its support to the two-state solution; also calls on Hamas to put an end to the violence perpetrated both internally and externally against the State of Israel; |
| --- | --- |

20.

Reiterates its call for the immediate, sustained and unconditional lifting of the blockade of the Gaza Strip in terms of persons, the flow of humanitarian aid and commercial goods, and for steps allowing for the reconstruction and economic recovery of this area; calls also, with due recognition of Israel’s legitimate security needs, for an effective control mechanism preventing the smuggling of arms into Gaza; takes note of the decision of the Council to extend the mandate of the European Border Assistance Mission Rafah until 30 June 2013 and expects it to fulfil its tasks and play a decisive and effective role as regards the daily management of cross-border relations and the build-up of confidence between Israel and the Palestinian Authority; calls on Hamas to recognise the State of Israel and to give its support to the two-state solution; also calls on Hamas to put an end to the violence perpetrated both internally and externally against the State of Israel;

| 21. | Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the EU Special Representative to the Middle East Peace Process, the President of the UN General Assembly, the governments and parliaments of the UN Security Council members, the Middle East Quartet Envoy, the Knesset and the Government of Israel, the President of the Palestinian Authority and the Palestinian Legislative Council. |
| --- | --- |

21.

Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the EU Special Representative to the Middle East Peace Process, the President of the UN General Assembly, the governments and parliaments of the UN Security Council members, the Middle East Quartet Envoy, the Knesset and the Government of Israel, the President of the Palestinian Authority and the Palestinian Legislative Council.

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(1)  Texts adopted, P7_TA(2011)0429.

(2)  Texts adopted, P7_TA(2012)0060.

(3)  OJ C 308 E, 20.10.2011, p. 81.

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| 29.11.2013 | EN | Official Journal of the European Union | CE 349/88 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/88

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Thursday 5 July 2012Violence against lesbians and LGBT rights in Africa

P7_TA(2012)0299

European Parliament resolution of 5 July 2012 on violence against lesbian women and the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Africa (2012/2701(RSP))

2013/C 349 E/12

The European Parliament,

| — | having regard to the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR), |
| --- | --- |

—

having regard to the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR),

| — | having regard to the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and the Beijing Platform for Action, stressing that all women have the right to control and decide freely and responsibly on matters related to their sexuality, free of coercion, stigmatisation and violence, |
| --- | --- |

—

having regard to the Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and the Beijing Platform for Action, stressing that all women have the right to control and decide freely and responsibly on matters related to their sexuality, free of coercion, stigmatisation and violence,

| — | having regard to UN Human Rights Council resolution A/HRC/17/19 of 17 June 2011 on human rights, sexual orientation and gender identity, and the Report of the United Nations High Commissioner for Human Rights of 17 November 2011 on discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, |
| --- | --- |

—

having regard to UN Human Rights Council resolution A/HRC/17/19 of 17 June 2011 on human rights, sexual orientation and gender identity, and the Report of the United Nations High Commissioner for Human Rights of 17 November 2011 on discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity,

| — | having regard to the UN Human Rights Council panel discussion on human rights, sexual orientation and gender identity held on 7 March 2012, |
| --- | --- |

—

having regard to the UN Human Rights Council panel discussion on human rights, sexual orientation and gender identity held on 7 March 2012,

| — | having regard to the statement by UN High Commissioner for Human Rights Navanethem Pillay to the panel discussion on human rights, sexual orientation and gender identity during the 19th session of the UN Human Rights Council on 7 March 2012, |
| --- | --- |

—

having regard to the statement by UN High Commissioner for Human Rights Navanethem Pillay to the panel discussion on human rights, sexual orientation and gender identity during the 19th session of the UN Human Rights Council on 7 March 2012,

| — | having regard to the Amnesty International annual report 2012 on the state of the world’s human rights, claiming that intolerance towards lesbian, gay, bisexual and transgender (LGBT) people has increased in Africa, |
| --- | --- |

—

having regard to the Amnesty International annual report 2012 on the state of the world’s human rights, claiming that intolerance towards lesbian, gay, bisexual and transgender (LGBT) people has increased in Africa,

| — | having regard to the second revision of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (the Cotonou Agreement), and the human rights clauses contained therein, in particular Articles 8(4) and 9, |
| --- | --- |

—

having regard to the second revision of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (the Cotonou Agreement), and the human rights clauses contained therein, in particular Articles 8(4) and 9,

| — | having regard to Articles 2, 3(5) and 21 of the Treaty on European Union and Article 10 of the Treaty on the Functioning of the European Union, which commit the European Union and its Member States to upholding and promoting universal human rights, and the protection of individuals, in their relations with the wider world, |
| --- | --- |

—

having regard to Articles 2, 3(5) and 21 of the Treaty on European Union and Article 10 of the Treaty on the Functioning of the European Union, which commit the European Union and its Member States to upholding and promoting universal human rights, and the protection of individuals, in their relations with the wider world,

| — | having regard to the European Union Plan of Action for Gender Equality and Women’s Empowerment in Development 2010-2015, |
| --- | --- |

—

having regard to the European Union Plan of Action for Gender Equality and Women’s Empowerment in Development 2010-2015,

| — | having regard to the statements by the Vice-President of the European Commission/High Representative of the European Union for Foreign Affairs and Security Policy and of the President of the European Parliament on the International Day Against Homophobia in 2010, 2011 and 2012, |
| --- | --- |

—

having regard to the statements by the Vice-President of the European Commission/High Representative of the European Union for Foreign Affairs and Security Policy and of the President of the European Parliament on the International Day Against Homophobia in 2010, 2011 and 2012,

| — | having regard to the Council’s Toolkit to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender People (the LGBT Toolkit), |
| --- | --- |

—

having regard to the Council’s Toolkit to Promote and Protect the Enjoyment of all Human Rights by Lesbian, Gay, Bisexual and Transgender People (the LGBT Toolkit),

| — | having regard to the Commission proposal of 7 December 2011 for a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (COM(2011)0840), and the Commission communication of 13 October 2011 entitled ‘Increasing the impact of EU Development Policy: an Agenda for Change’ (COM(2011)0637), |
| --- | --- |

—

having regard to the Commission proposal of 7 December 2011 for a regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation (COM(2011)0840), and the Commission communication of 13 October 2011 entitled ‘Increasing the impact of EU Development Policy: an Agenda for Change’ (COM(2011)0637),

| — | having regard to its resolutions of 17 December 2009 on Uganda: anti-homosexual draft legislation (1), of 16 December 2010 on Uganda: the so-called ‘Bahati bill’ and discrimination against the LGBT population (2), of 17 February 2011 on Uganda: the killing of David Kato (3), and of 28 September 2011 on human rights, sexual orientation and gender identity at the United Nations (4), |
| --- | --- |

—

having regard to its resolutions of 17 December 2009 on Uganda: anti-homosexual draft legislation (1), of 16 December 2010 on Uganda: the so-called ‘Bahati bill’ and discrimination against the LGBT population (2), of 17 February 2011 on Uganda: the killing of David Kato (3), and of 28 September 2011 on human rights, sexual orientation and gender identity at the United Nations (4),

| — | having regard to its resolution of 7 May 2009 on gender mainstreaming in EU external relations and peace-building/nation-building (5), |
| --- | --- |

—

having regard to its resolution of 7 May 2009 on gender mainstreaming in EU external relations and peace-building/nation-building (5),

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas all human beings are born free and equal in dignity and rights; whereas all states have the obligation to prevent violence and incitement to hatred based on sexual orientation, gender identity and gender expression, and to respect the principles of equality between women and men; |
| --- | --- |

A.

whereas all human beings are born free and equal in dignity and rights; whereas all states have the obligation to prevent violence and incitement to hatred based on sexual orientation, gender identity and gender expression, and to respect the principles of equality between women and men;

| B. | whereas the rights of lesbian, bisexual, transgender and intersex women are the same human rights as those of all women and all men, which must be protected regardless of their sexual orientation, gender identity or gender expression; |
| --- | --- |

B.

whereas the rights of lesbian, bisexual, transgender and intersex women are the same human rights as those of all women and all men, which must be protected regardless of their sexual orientation, gender identity or gender expression;

| C. | whereas some African countries have been at the forefront of action to uphold human rights and fundamental freedoms, whereas South Africa’s post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation and whereas South Africa was the initiator of UN Human Rights Council resolution A/HRC/17/19 on human rights, sexual orientation and gender identity; |
| --- | --- |

C.

whereas some African countries have been at the forefront of action to uphold human rights and fundamental freedoms, whereas South Africa’s post-apartheid constitution was the first in the world to outlaw discrimination based on sexual orientation and whereas South Africa was the initiator of UN Human Rights Council resolution A/HRC/17/19 on human rights, sexual orientation and gender identity;

| D. | whereas there are political movements and leaders that will be able to lead the way to changes and to the strengthening of human rights, women’s rights and the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Africa; |
| --- | --- |

D.

whereas there are political movements and leaders that will be able to lead the way to changes and to the strengthening of human rights, women’s rights and the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons in Africa;

| E. | whereas there is increasing stigmatisation of and violence against lesbian, bisexual, transgender and intersex women, as well as against women perceived as lesbian, bisexual, transgender or intersex, by state and police forces, by the women’s families, and by community members in Africa, which is a shared concern, as exemplified by the numerous statements by UN Secretary-General Ban Ki Moon and UN High Commissioner for Human Rights Navanethem Pillay and by UNHRC Resolution A/HRC/17/19 on human rights, sexual orientation and gender identity; |
| --- | --- |

E.

whereas there is increasing stigmatisation of and violence against lesbian, bisexual, transgender and intersex women, as well as against women perceived as lesbian, bisexual, transgender or intersex, by state and police forces, by the women’s families, and by community members in Africa, which is a shared concern, as exemplified by the numerous statements by UN Secretary-General Ban Ki Moon and UN High Commissioner for Human Rights Navanethem Pillay and by UNHRC Resolution A/HRC/17/19 on human rights, sexual orientation and gender identity;

| F. | whereas, in the UN Human Rights Council’s annual discussion on women human rights defenders on 25-26 June 2012, UN Special Rapporteur on Human Rights Defenders Margret Sekaggya pointed out that violations suffered by women human rights defenders took a gender-specific form, ranging from verbal abuse based on sex, to sexual abuse and rape, that women were deemed to be challenging accepted social norms, culture or traditions or challenging religious prescriptions, and were as a consequence stigmatised, and that women human rights defenders needed specific attention because the suffering they underwent in their work sometimes exceeded that of their male counterparts; |
| --- | --- |

F.

whereas, in the UN Human Rights Council’s annual discussion on women human rights defenders on 25-26 June 2012, UN Special Rapporteur on Human Rights Defenders Margret Sekaggya pointed out that violations suffered by women human rights defenders took a gender-specific form, ranging from verbal abuse based on sex, to sexual abuse and rape, that women were deemed to be challenging accepted social norms, culture or traditions or challenging religious prescriptions, and were as a consequence stigmatised, and that women human rights defenders needed specific attention because the suffering they underwent in their work sometimes exceeded that of their male counterparts;

| G. | whereas women who transgress social and cultural norms are liable to be labelled lesbian and risk becoming a target for male violent behaviour and/or degrading treatment, and whereas this has the effect of repressing the expression of all women’s sexuality and freedom of choice, including that of heterosexual women; whereas sexual rights are related to the bodily autonomy and freedom of choice of all women; |
| --- | --- |

G.

whereas women who transgress social and cultural norms are liable to be labelled lesbian and risk becoming a target for male violent behaviour and/or degrading treatment, and whereas this has the effect of repressing the expression of all women’s sexuality and freedom of choice, including that of heterosexual women; whereas sexual rights are related to the bodily autonomy and freedom of choice of all women;

| H. | whereas, in Africa, female homosexuality is legal in 27 countries and illegal in 27, whereas male homosexuality is legal in 16 countries and illegal in 38, whereas homosexuality is punishable by death in Mauritania, Sudan, parts of Somalia and Nigeria, and whereas a private member’s bill before the Ugandan parliament provides for the death penalty for homosexuality; |
| --- | --- |

H.

whereas, in Africa, female homosexuality is legal in 27 countries and illegal in 27, whereas male homosexuality is legal in 16 countries and illegal in 38, whereas homosexuality is punishable by death in Mauritania, Sudan, parts of Somalia and Nigeria, and whereas a private member’s bill before the Ugandan parliament provides for the death penalty for homosexuality;

| I. | whereas laws that criminalise same-sex relationships and sexuality contribute to creating a climate which encourages violence against women who are, or are perceived to be, lesbians; |
| --- | --- |

I.

whereas laws that criminalise same-sex relationships and sexuality contribute to creating a climate which encourages violence against women who are, or are perceived to be, lesbians;

| J. | whereas killings, torture, imprisonment, violence, stigmatisation and hate speech targeting LGBTI people, sometimes legitimised by law, are reported in all regions of the world; whereas there have been repeated acts of violence and aggression against lesbians in several African countries; |
| --- | --- |

J.

whereas killings, torture, imprisonment, violence, stigmatisation and hate speech targeting LGBTI people, sometimes legitimised by law, are reported in all regions of the world; whereas there have been repeated acts of violence and aggression against lesbians in several African countries;

| K. | whereas the struggle for equality and justice and for the visibility and rights of lesbians is closely connected with the overall struggle for women’s human rights; whereas lesbians are also, like many other women, subjected to violence, both for being women and on account of their sexual orientation; |
| --- | --- |

K.

whereas the struggle for equality and justice and for the visibility and rights of lesbians is closely connected with the overall struggle for women’s human rights; whereas lesbians are also, like many other women, subjected to violence, both for being women and on account of their sexual orientation;

| L. | whereas in Cameroon, ten women were arrested, and three charged for the first time, for practising homosexuality in February 2012; whereas arrests and beatings by the police are ongoing, with the latest recorded instance on 24 June 2012; whereas lawyer Alice Nkom has on numerous occasions been threatened with death and violence for defending people accused of homosexuality; whereas an LGBTI meeting in Yaoundé was violently broken up by a gang on 19 May 2012; |
| --- | --- |

L.

whereas in Cameroon, ten women were arrested, and three charged for the first time, for practising homosexuality in February 2012; whereas arrests and beatings by the police are ongoing, with the latest recorded instance on 24 June 2012; whereas lawyer Alice Nkom has on numerous occasions been threatened with death and violence for defending people accused of homosexuality; whereas an LGBTI meeting in Yaoundé was violently broken up by a gang on 19 May 2012;

| M. | whereas the Liberian Senate is currently debating a proposal to extend further the ban on same-sex relationships foreseen by current law; whereas the media and general public are increasingly seeking to intimidate LGBTI people; whereas two lesbian women in Liberia were recently attacked by armed men; |
| --- | --- |

M.

whereas the Liberian Senate is currently debating a proposal to extend further the ban on same-sex relationships foreseen by current law; whereas the media and general public are increasingly seeking to intimidate LGBTI people; whereas two lesbian women in Liberia were recently attacked by armed men;

| N. | whereas in Malawi, female homosexuality was newly outlawed in January 2011; whereas the new President Joyce Banda has stated that she will ask the parliament to repeal laws criminalising homosexuality; |
| --- | --- |

N.

whereas in Malawi, female homosexuality was newly outlawed in January 2011; whereas the new President Joyce Banda has stated that she will ask the parliament to repeal laws criminalising homosexuality;

| O. | whereas Nigeria seeks to criminalise the registration, operation and sustenance of certain organisations and their meetings or processions, and outlaws activities that fall strictly within the bounds of private life; |
| --- | --- |

O.

whereas Nigeria seeks to criminalise the registration, operation and sustenance of certain organisations and their meetings or processions, and outlaws activities that fall strictly within the bounds of private life;

| P. | whereas in South Africa, so-called ‘corrective’ rapes of lesbian and transgender women continue unabated; whereas ongoing debates about the constitutional protection of persons victimised because of their sexual orientation are fuelling violence against LGBTI people; whereas gay activist Thapelo Makutle was recently tortured and killed, 22-year-old lesbian Phumeza Nkolonzi was shot in the head because of her sexual orientation, and Neil Daniels was stabbed, mutilated, and burnt alive because he was gay; |
| --- | --- |

P.

whereas in South Africa, so-called ‘corrective’ rapes of lesbian and transgender women continue unabated; whereas ongoing debates about the constitutional protection of persons victimised because of their sexual orientation are fuelling violence against LGBTI people; whereas gay activist Thapelo Makutle was recently tortured and killed, 22-year-old lesbian Phumeza Nkolonzi was shot in the head because of her sexual orientation, and Neil Daniels was stabbed, mutilated, and burnt alive because he was gay;

| Q. | whereas in Swaziland, positive efforts are being made to prevent and cure HIV/AIDS in populations at risk, including women, and men who have sex with men, the country’s criminalisation of homosexuality notwithstanding; |
| --- | --- |

Q.

whereas in Swaziland, positive efforts are being made to prevent and cure HIV/AIDS in populations at risk, including women, and men who have sex with men, the country’s criminalisation of homosexuality notwithstanding;

| R. | whereas in Uganda, in February and June 2012, police forces and the Minister for Ethics and Integrity, acting without warrants and in disregard of citizens’ freedom of assembly, stopped private meetings of human rights activists; whereas the Minister plans to outlaw 38 organisations understood to work for the human rights of LGBTI people; whereas the Anti-Homosexuality Bill first proposed in 2009 is still under discussion, and may include unacceptable provisions including the death penalty; whereas lawsuits and enquiries in Uganda and in the United States have revealed the role of, among others, Scott Lively and the Abiding Truth Ministries, a fundamentalist US-based evangelical group, in spreading hate and intolerance on the basis of sexual orientation, and in having the law introduced; |
| --- | --- |

R.

whereas in Uganda, in February and June 2012, police forces and the Minister for Ethics and Integrity, acting without warrants and in disregard of citizens’ freedom of assembly, stopped private meetings of human rights activists; whereas the Minister plans to outlaw 38 organisations understood to work for the human rights of LGBTI people; whereas the Anti-Homosexuality Bill first proposed in 2009 is still under discussion, and may include unacceptable provisions including the death penalty; whereas lawsuits and enquiries in Uganda and in the United States have revealed the role of, among others, Scott Lively and the Abiding Truth Ministries, a fundamentalist US-based evangelical group, in spreading hate and intolerance on the basis of sexual orientation, and in having the law introduced;

Discrimination and violence against lesbian women in Africa

| 1. | Strongly condemns all forms of violence and discrimination against lesbians in African countries where this is taking place, including extreme forms of violence, such as ‘corrective’ rapes, and other forms of sexual violence; |
| --- | --- |

1.

Strongly condemns all forms of violence and discrimination against lesbians in African countries where this is taking place, including extreme forms of violence, such as ‘corrective’ rapes, and other forms of sexual violence;

| 2. | Expresses its strong support for campaigns and initiatives aimed at abolishing all discriminatory laws against women and LGBTI persons; calls on those African countries that still have discriminatory laws in place to abolish these immediately, including laws that prohibit homosexuality and laws that discriminate against women in terms of civil status, property and inheritance rights; |
| --- | --- |

2.

Expresses its strong support for campaigns and initiatives aimed at abolishing all discriminatory laws against women and LGBTI persons; calls on those African countries that still have discriminatory laws in place to abolish these immediately, including laws that prohibit homosexuality and laws that discriminate against women in terms of civil status, property and inheritance rights;

| 3. | Confirms that the struggle for the fundamental and human rights of lesbians in Africa is closely linked to the protection of the sexual and reproductive health of all women; calls, therefore, on the European Union, in its work with partner countries in Africa, to make a firm commitment in terms of resources and policy in support of sexual and reproductive health; |
| --- | --- |

3.

Confirms that the struggle for the fundamental and human rights of lesbians in Africa is closely linked to the protection of the sexual and reproductive health of all women; calls, therefore, on the European Union, in its work with partner countries in Africa, to make a firm commitment in terms of resources and policy in support of sexual and reproductive health;

| 4. | Calls on the relevant authorities in Africa to effectively protect all women from murder, so-called ‘corrective’ rape and other sexual violence, and to bring the perpetrators to justice; |
| --- | --- |

4.

Calls on the relevant authorities in Africa to effectively protect all women from murder, so-called ‘corrective’ rape and other sexual violence, and to bring the perpetrators to justice;

| 5. | Notes that the stigmatisation of, and the violence directed against, lesbian, bisexual, transgender and intersex women are often closely connected with discrimination; |
| --- | --- |

5.

Notes that the stigmatisation of, and the violence directed against, lesbian, bisexual, transgender and intersex women are often closely connected with discrimination;

| 6. | Expresses its solidarity with, and support for, all actors that mobilise for a stronger women’s rights agenda; |
| --- | --- |

6.

Expresses its solidarity with, and support for, all actors that mobilise for a stronger women’s rights agenda;

| 7. | Calls on the European Commission and the Member States to support women’s organisations and LGBTI organisations in Africa in their struggle for the equality, bodily autonomy and right to freedom in sexuality of all women and LGBTI persons; highlights, at the same time, the need to give special attention to lesbians within the LGBTI and the women’s movement, as well as in other social movements, in order to denounce the double or sometimes multiple discrimination faced by lesbians in African countries; |
| --- | --- |

7.

Calls on the European Commission and the Member States to support women’s organisations and LGBTI organisations in Africa in their struggle for the equality, bodily autonomy and right to freedom in sexuality of all women and LGBTI persons; highlights, at the same time, the need to give special attention to lesbians within the LGBTI and the women’s movement, as well as in other social movements, in order to denounce the double or sometimes multiple discrimination faced by lesbians in African countries;

| 8. | Calls on the European Commission, the European External Action Service and the Member States to step up the implementation of the goals set out in the EU Plan of Action for Gender Equality and Women’s Empowerment in Development, and to pay particular attention to the rights of lesbian, bisexual, transgender and intersex women, both in their relations with third countries and when lending support to non-governmental organisations and human rights defenders; |
| --- | --- |

8.

Calls on the European Commission, the European External Action Service and the Member States to step up the implementation of the goals set out in the EU Plan of Action for Gender Equality and Women’s Empowerment in Development, and to pay particular attention to the rights of lesbian, bisexual, transgender and intersex women, both in their relations with third countries and when lending support to non-governmental organisations and human rights defenders;

LGBTI rights in Africa

| 9. | Calls on all 76 countries worldwide where homosexuality is illegal, including 38 countries in Africa, to decriminalise homosexuality; |
| --- | --- |

9.

Calls on all 76 countries worldwide where homosexuality is illegal, including 38 countries in Africa, to decriminalise homosexuality;

| 10. | Denounces incitement to hatred and violence on grounds of sexual orientation, gender identity or gender expression; calls on the aforementioned countries to effectively uphold LGBTI people’s right to life and dignity, and condemn all acts of violence, discrimination, stigmatisation and humiliation directed against them; |
| --- | --- |

10.

Denounces incitement to hatred and violence on grounds of sexual orientation, gender identity or gender expression; calls on the aforementioned countries to effectively uphold LGBTI people’s right to life and dignity, and condemn all acts of violence, discrimination, stigmatisation and humiliation directed against them;

| 11. | Calls on political and religious leaders to condemn persecution and discrimination based on sexual orientation and to take a firm stance against homophobia, hereby joining Archbishop Desmond Tutu’s call against injustice and prejudice and for solidarity and justice; |
| --- | --- |

11.

Calls on political and religious leaders to condemn persecution and discrimination based on sexual orientation and to take a firm stance against homophobia, hereby joining Archbishop Desmond Tutu’s call against injustice and prejudice and for solidarity and justice;

| 12. | Calls on the EEAS, the European Commission and the Member States, in their political dialogue with African countries, to remind them of their obligation to fulfil the commitments assumed under legally binding international human rights instruments and conventions, and in particular to respect and promote the right to non-discrimination based on sexual orientation and gender identity; |
| --- | --- |

12.

Calls on the EEAS, the European Commission and the Member States, in their political dialogue with African countries, to remind them of their obligation to fulfil the commitments assumed under legally binding international human rights instruments and conventions, and in particular to respect and promote the right to non-discrimination based on sexual orientation and gender identity;

| 13. | Welcomes the fact that some African countries, including Cape Verde, the Central African Republic, Gabon, Guinea-Bissau, Malawi, Mauritius, Rwanda, São Tomé and Principe, South Africa and Swaziland have made known their opposition to the criminalisation of homosexuality, have ensured access to healthcare for LGBTI people or have pledged to decriminalise homosexuality; |
| --- | --- |

13.

Welcomes the fact that some African countries, including Cape Verde, the Central African Republic, Gabon, Guinea-Bissau, Malawi, Mauritius, Rwanda, São Tomé and Principe, South Africa and Swaziland have made known their opposition to the criminalisation of homosexuality, have ensured access to healthcare for LGBTI people or have pledged to decriminalise homosexuality;

| 14. | Calls on the ACP Group of States to engage in an open, constructive and mutually respectful discussion; |
| --- | --- |

14.

Calls on the ACP Group of States to engage in an open, constructive and mutually respectful discussion;

| 15. | Calls on the African countries to ensure security for LGBTI human rights defenders, and calls on the EU to assist local civil society with capacity-building programmes in Africa; |
| --- | --- |

15.

Calls on the African countries to ensure security for LGBTI human rights defenders, and calls on the EU to assist local civil society with capacity-building programmes in Africa;

| 16. | Urges the European Commission, the EEAS and the Member States to make full use of the LGBT Toolkit to encourage third countries to decriminalise homosexuality, help reduce violence and discrimination and protect LGBTI human rights defenders; |
| --- | --- |

16.

Urges the European Commission, the EEAS and the Member States to make full use of the LGBT Toolkit to encourage third countries to decriminalise homosexuality, help reduce violence and discrimination and protect LGBTI human rights defenders;

| 17. | Calls on the Commission, and notably on Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission, to take concrete action, by mobilising all appropriate instruments, to exert pressure in order to protect people from discrimination and persecution on the basis of their sexual orientation, and to raise these issues in the course of the EU’s relations and dialogues with third countries; |
| --- | --- |

17.

Calls on the Commission, and notably on Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy and Vice-President of the European Commission, to take concrete action, by mobilising all appropriate instruments, to exert pressure in order to protect people from discrimination and persecution on the basis of their sexual orientation, and to raise these issues in the course of the EU’s relations and dialogues with third countries;

*

* *

| 18. | Instructs its President to forward this resolution to the Council, the Commission, the High Representative/Vice-President for Foreign Affairs and Security Policy, the Member States, the Secretary-General of the ACP Group of States, all Ambassadors of ACP states to the European Union, the South African Parliament, and the African Union and its institutions. |
| --- | --- |

18.

Instructs its President to forward this resolution to the Council, the Commission, the High Representative/Vice-President for Foreign Affairs and Security Policy, the Member States, the Secretary-General of the ACP Group of States, all Ambassadors of ACP states to the European Union, the South African Parliament, and the African Union and its institutions.

---

(1)  OJ C 286 E, 22.10.2010, p. 25.

(2)  OJ C 169 E, 15.6.2012, p. 134.

(3)  OJ C 188 E, 28.6.2012, p. 62.

(4)  Texts adopted, P7_TA(2011)0427.

(5)  OJ C 212 E, 5.8.2010, p. 32.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/93 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/93

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Thursday 5 July 2012Freedom of expression in Belarus, in particular the case of Andrzej Poczobut

P7_TA(2012)0300

European Parliament resolution of 5 July 2012 on Belarus, in particular the case of Andrzej Poczobut (2012/2702(RSP))

2013/C 349 E/13

The European Parliament,

| — | having regard to its previous resolutions on Belarus, in particular those of 29 March 2012 (1), 16 February 2012 (2), 15 September 2011 (3), 12 May 2011 (4), 10 March 2011 (5), 20 January 2011 (6), 10 March 2010 (7) and 17 December 2009 (8), |
| --- | --- |

—

having regard to its previous resolutions on Belarus, in particular those of 29 March 2012 (1), 16 February 2012 (2), 15 September 2011 (3), 12 May 2011 (4), 10 March 2011 (5), 20 January 2011 (6), 10 March 2010 (7) and 17 December 2009 (8),

| — | having regard to the statement of 28 June 2012 by High Representative Catherine Ashton on the situation in Belarus, |
| --- | --- |

—

having regard to the statement of 28 June 2012 by High Representative Catherine Ashton on the situation in Belarus,

| — | having regard to the press statement of 22 June 2012 by the OSCE representative for freedom of the media, Dunja Mijatovic, on the arrest of the Polish-Belarusian journalist Andrzej Poczobut, |
| --- | --- |

—

having regard to the press statement of 22 June 2012 by the OSCE representative for freedom of the media, Dunja Mijatovic, on the arrest of the Polish-Belarusian journalist Andrzej Poczobut,

| — | having regard to Written Declaration No 523 of 26 June 2012 of the Council of Europe Parliamentary Assembly calling for the release of the Polish-Belarusian journalist Andrzej Poczobut from prison in Belarus, |
| --- | --- |

—

having regard to Written Declaration No 523 of 26 June 2012 of the Council of Europe Parliamentary Assembly calling for the release of the Polish-Belarusian journalist Andrzej Poczobut from prison in Belarus,

| — | having regard to the conclusions of the European Council of 1-2 March 2012 expressing its deep concern over the further deterioration of the situation in Belarus, |
| --- | --- |

—

having regard to the conclusions of the European Council of 1-2 March 2012 expressing its deep concern over the further deterioration of the situation in Belarus,

| — | having regard to Council Implementing Decision 2012/126/CFSP of 28 February 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus (9), |
| --- | --- |

—

having regard to Council Implementing Decision 2012/126/CFSP of 28 February 2012 implementing Decision 2010/639/CFSP concerning restrictive measures against Belarus (9),

| — | having regard to the Council conclusions on the launching of a European dialogue of modernisation with Belarusian society (3157th Foreign Affairs Council meeting, Brussels, 23 March 2012), |
| --- | --- |

—

having regard to the Council conclusions on the launching of a European dialogue of modernisation with Belarusian society (3157th Foreign Affairs Council meeting, Brussels, 23 March 2012),

| — | having regard to Council Regulation (EU) No 354/2012 of 23 April 2012 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (10), |
| --- | --- |

—

having regard to Council Regulation (EU) No 354/2012 of 23 April 2012 amending Regulation (EC) No 765/2006 concerning restrictive measures in respect of Belarus (10),

| — | having regard to the statement of 28 February 2012 by High Representative Catherine Ashton on her decision and that of the Polish Government to recall the head of the EU delegation in Minsk and the Polish ambassador to Belarus respectively, |
| --- | --- |

—

having regard to the statement of 28 February 2012 by High Representative Catherine Ashton on her decision and that of the Polish Government to recall the head of the EU delegation in Minsk and the Polish ambassador to Belarus respectively,

| — | having regard to Council Decision 2012/36/CFSP of 23 January 2012 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus (11), |
| --- | --- |

—

having regard to Council Decision 2012/36/CFSP of 23 January 2012 amending Decision 2010/639/CFSP concerning restrictive measures against Belarus (11),

| — | having regard to Council of Europe Parliamentary Assembly Resolution 1857 (2012) of 25 January 2012 on the situation in Belarus, which condemned the ongoing persecution of members of the opposition and the harassment of civil society activists, independent media and human rights defenders in Belarus, |
| --- | --- |

—

having regard to Council of Europe Parliamentary Assembly Resolution 1857 (2012) of 25 January 2012 on the situation in Belarus, which condemned the ongoing persecution of members of the opposition and the harassment of civil society activists, independent media and human rights defenders in Belarus,

| — | having regard to the report of the UN High Commissioner for Human Rights of 10 April 2012 and to Resolution 17/24 of the UN Human Rights Council of 17 June 2011 on the human rights situation in Belarus, |
| --- | --- |

—

having regard to the report of the UN High Commissioner for Human Rights of 10 April 2012 and to Resolution 17/24 of the UN Human Rights Council of 17 June 2011 on the human rights situation in Belarus,

| — | having regard to the declaration of the Eastern Partnership Summit adopted in Prague on 7-9 May 2009 and the declaration on the situation in Belarus adopted at the Eastern Partnership Summit in Warsaw on 30 September 2011, |
| --- | --- |

—

having regard to the declaration of the Eastern Partnership Summit adopted in Prague on 7-9 May 2009 and the declaration on the situation in Belarus adopted at the Eastern Partnership Summit in Warsaw on 30 September 2011,

| — | having regard to the joint statement made by the Ministers of Foreign Affairs of the Visegrad Group, Estonia, Latvia and Lithuania in Prague on 5 March 2012, |
| --- | --- |

—

having regard to the joint statement made by the Ministers of Foreign Affairs of the Visegrad Group, Estonia, Latvia and Lithuania in Prague on 5 March 2012,

| — | having regard to the statement made by the Belarusian National Platform of the Eastern Partnership Civil Society Forum in Minsk on 2 March 2012, |
| --- | --- |

—

having regard to the statement made by the Belarusian National Platform of the Eastern Partnership Civil Society Forum in Minsk on 2 March 2012,

| — | having regard to the Council conclusions on Belarus adopted at the 3101st Foreign Affairs Council meeting on 20 June 2011, |
| --- | --- |

—

having regard to the Council conclusions on Belarus adopted at the 3101st Foreign Affairs Council meeting on 20 June 2011,

| — | having regard to the statement of 10 April 2011 by the spokesperson of EU High Representative Catherine Ashton on the crackdown on independent media in Belarus, |
| --- | --- |

—

having regard to the statement of 10 April 2011 by the spokesperson of EU High Representative Catherine Ashton on the crackdown on independent media in Belarus,

| — | having regard to Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 11 of the EU Charter of Fundamental Rights, |
| --- | --- |

—

having regard to Article 19 of the Universal Declaration of Human Rights, Article 19 of the International Covenant on Civil and Political Rights and Article 11 of the EU Charter of Fundamental Rights,

| — | having regard to Article 19 of the Universal Declaration of Human Rights of 1948 and to the UN Declaration on Human Rights Defenders of December 1988, |
| --- | --- |

—

having regard to Article 19 of the Universal Declaration of Human Rights of 1948 and to the UN Declaration on Human Rights Defenders of December 1988,

| — | having regard to Rule 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas on 21 June 2012 Andrzej Poczobut, the correspondent of the Polish daily newspaper ‘Gazeta Wyborcza’ and also a prominent Polish-Belarusian minority activist and chairman of the Council of the Union of Poles in Belarus, was arrested in the town of Grodno, Belarus; |
| --- | --- |

A.

whereas on 21 June 2012 Andrzej Poczobut, the correspondent of the Polish daily newspaper ‘Gazeta Wyborcza’ and also a prominent Polish-Belarusian minority activist and chairman of the Council of the Union of Poles in Belarus, was arrested in the town of Grodno, Belarus;

| B. | whereas Mr Poczobut’s apartment in Grodno was searched by the prosecutor’s office and his materials confiscated; whereas enforcement personnel subsequently conducted a search at the Grodno office of the Union of Poles, of which Mr Poczobut is an official leaseholder, and confiscated computer equipment; |
| --- | --- |

B.

whereas Mr Poczobut’s apartment in Grodno was searched by the prosecutor’s office and his materials confiscated; whereas enforcement personnel subsequently conducted a search at the Grodno office of the Union of Poles, of which Mr Poczobut is an official leaseholder, and confiscated computer equipment;

| C. | whereas Mr Poczobut was charged on grounds of so-called libel against President Alyaksandr Lukashenka, under Article 367 of the Criminal Code of the Republic of Belarus, for twelve articles published on the ‘Charter 97’ and ‘Belarusian Partisan’ websites on, among other subjects, last year’s underground bombing trial; |
| --- | --- |

C.

whereas Mr Poczobut was charged on grounds of so-called libel against President Alyaksandr Lukashenka, under Article 367 of the Criminal Code of the Republic of Belarus, for twelve articles published on the ‘Charter 97’ and ‘Belarusian Partisan’ websites on, among other subjects, last year’s underground bombing trial;

| D. | whereas Mr Poczobut has already spent three months in prison in the past and is under a three-year suspended prison sentence imposed on him for the same charge of allegedly insulting the President in an article published in ‘Gazeta Wyborcza’ and on a Belarusian website; whereas he thus faces restriction or deprivation of liberty for up to seven years and nine months, including the suspended sentence; |
| --- | --- |

D.

whereas Mr Poczobut has already spent three months in prison in the past and is under a three-year suspended prison sentence imposed on him for the same charge of allegedly insulting the President in an article published in ‘Gazeta Wyborcza’ and on a Belarusian website; whereas he thus faces restriction or deprivation of liberty for up to seven years and nine months, including the suspended sentence;

| E. | whereas on 30 June 2012 Mr Poczobut was conditionally released from custody, signing an undertaking not to leave his place of residence; |
| --- | --- |

E.

whereas on 30 June 2012 Mr Poczobut was conditionally released from custody, signing an undertaking not to leave his place of residence;

| F. | whereas on 5 July 2011 the Leninski court in Grodna passed a verdict acquitting Mr Poczobut, under Part 1, Article 368 of the Criminal Code, of the charge of insulting the President but finding him guilty, under Part 1, Article 367 of the same Code, of defaming the President; |
| --- | --- |

F.

whereas on 5 July 2011 the Leninski court in Grodna passed a verdict acquitting Mr Poczobut, under Part 1, Article 368 of the Criminal Code, of the charge of insulting the President but finding him guilty, under Part 1, Article 367 of the same Code, of defaming the President;

| G. | whereas the latest arrest of Mr Poczobut on 21 June 2012 coincided with a peaceful protest, organised by the Union of Poles under his leadership, against the forced russification of a Polish school in Grodno by the Lukashenka regime, at which some twenty people were detained; |
| --- | --- |

G.

whereas the latest arrest of Mr Poczobut on 21 June 2012 coincided with a peaceful protest, organised by the Union of Poles under his leadership, against the forced russification of a Polish school in Grodno by the Lukashenka regime, at which some twenty people were detained;

| H. | whereas the Media Law of Belarus, which came into force in 2008, is restrictive by nature, since journalistic activities are controlled through various measures, such as television and radio censorship, surveillance of activities of independent journalists, and control over publishing houses; |
| --- | --- |

H.

whereas the Media Law of Belarus, which came into force in 2008, is restrictive by nature, since journalistic activities are controlled through various measures, such as television and radio censorship, surveillance of activities of independent journalists, and control over publishing houses;

| I. | whereas according to Article 19 of the International Covenant on Civil and Political Rights, everyone has the right to hold opinions without interference and the right to freedom of expression, while Article 34 of the Constitution of Belarus guarantees freedom of speech; whereas independent and international media observers and journalists have consistently denounced the government’s restrictions on freedom of speech and the media; |
| --- | --- |

I.

whereas according to Article 19 of the International Covenant on Civil and Political Rights, everyone has the right to hold opinions without interference and the right to freedom of expression, while Article 34 of the Constitution of Belarus guarantees freedom of speech; whereas independent and international media observers and journalists have consistently denounced the government’s restrictions on freedom of speech and the media;

| J. | whereas, following the arrest of Mr Poczobut in April 2011, Amnesty International recognised him as a prisoner of conscience; |
| --- | --- |

J.

whereas, following the arrest of Mr Poczobut in April 2011, Amnesty International recognised him as a prisoner of conscience;

| K. | whereas Mr Poczobut’s case is part of a broader pattern of ongoing and longstanding harassment of civil society, the Polish minority and human rights defenders, following the presidential elections in December 2010, leading to a dramatic decline in human rights and civil and political liberties in Belarus; |
| --- | --- |

K.

whereas Mr Poczobut’s case is part of a broader pattern of ongoing and longstanding harassment of civil society, the Polish minority and human rights defenders, following the presidential elections in December 2010, leading to a dramatic decline in human rights and civil and political liberties in Belarus;

| L. | whereas there are constant reports of systematic harassment of representatives of civil society in Belarus; whereas there have been more recent cases of arrests, including of figures such as the democratic opposition activists Alyaksandr Artsybashaw Paval Vinahradaw and Siarhei Kavalenka, as well as the detention of journalists Aliaksandr Barazenka, Siarhei Balai, Alina Radachynskaya and Ina Studzinskay and activists of the ‘Tell the Truth’ organisation Hanna Kurlovich, Mikhail Pashkevich, Aliaksandr Ulitsionak and Siarhei Vazniak; |
| --- | --- |

L.

whereas there are constant reports of systematic harassment of representatives of civil society in Belarus; whereas there have been more recent cases of arrests, including of figures such as the democratic opposition activists Alyaksandr Artsybashaw Paval Vinahradaw and Siarhei Kavalenka, as well as the detention of journalists Aliaksandr Barazenka, Siarhei Balai, Alina Radachynskaya and Ina Studzinskay and activists of the ‘Tell the Truth’ organisation Hanna Kurlovich, Mikhail Pashkevich, Aliaksandr Ulitsionak and Siarhei Vazniak;

| M. | whereas Ales Bialiatski, Chairman of Viasna and Vice-President of the International Federation for Human Rights (FIDH), imprisoned in a penal colony in the city of Bobruiks, has been recently subjected to new unlawful restrictive measures and pressure from the penal administration with the clear intention of forcing him to recognise his so-called guilt; |
| --- | --- |

M.

whereas Ales Bialiatski, Chairman of Viasna and Vice-President of the International Federation for Human Rights (FIDH), imprisoned in a penal colony in the city of Bobruiks, has been recently subjected to new unlawful restrictive measures and pressure from the penal administration with the clear intention of forcing him to recognise his so-called guilt;

| N. | whereas on 24 May 2012 Aleh Volchek, the former head of Legal Aid to the Population, an organisation that provided legal assistance until it was liquidated in 2003, was arrested by plain-clothes police officers who accused him of ‘swearing in public’; whereas on the same day he was sentenced to nine days’ administrative imprisonment under Article 17.1 of the Code of Administrative Offences (‘swearing at the police’); whereas Mr Volchek was earlier sentenced, in January 2012, to four days’ administrative detention for allegedly using foul language in the street; whereas his name has been put on the list of those forbidden to leave Belarus; |
| --- | --- |

N.

whereas on 24 May 2012 Aleh Volchek, the former head of Legal Aid to the Population, an organisation that provided legal assistance until it was liquidated in 2003, was arrested by plain-clothes police officers who accused him of ‘swearing in public’; whereas on the same day he was sentenced to nine days’ administrative imprisonment under Article 17.1 of the Code of Administrative Offences (‘swearing at the police’); whereas Mr Volchek was earlier sentenced, in January 2012, to four days’ administrative detention for allegedly using foul language in the street; whereas his name has been put on the list of those forbidden to leave Belarus;

| O. | whereas since the beginning of March 2012 fifteen opposition politicians, independent journalists and human rights defenders have been denied their right to leave the country under various pretexts, while the Belarusian authorities were reportedly considering drafting a list of 108 human rights and opposition activists with a view to banning them from leaving the country; |
| --- | --- |

O.

whereas since the beginning of March 2012 fifteen opposition politicians, independent journalists and human rights defenders have been denied their right to leave the country under various pretexts, while the Belarusian authorities were reportedly considering drafting a list of 108 human rights and opposition activists with a view to banning them from leaving the country;

| P. | whereas on 14 June 2012 the Belarusian Parliament adopted a number of amendments to the law of the state security bodies, giving broad powers to the Belarusian KGB, including free use of coercive measures; whereas under the new legislation the KGB is authorised to freely enter private property and to arrest, with no restrictions, Belarusian citizens and diplomats and representatives of international institutions; |
| --- | --- |

P.

whereas on 14 June 2012 the Belarusian Parliament adopted a number of amendments to the law of the state security bodies, giving broad powers to the Belarusian KGB, including free use of coercive measures; whereas under the new legislation the KGB is authorised to freely enter private property and to arrest, with no restrictions, Belarusian citizens and diplomats and representatives of international institutions;

| Q. | whereas in the course of 2011 at least 95 journalists were detained during ‘silent protest’ actions, 22 journalists stood trial in court and 13 were sentenced to various terms of administrative arrest; whereas at the end of 2011 the authorities further tightened internet controls by means, inter alia, of additional internet regulation measures; |
| --- | --- |

Q.

whereas in the course of 2011 at least 95 journalists were detained during ‘silent protest’ actions, 22 journalists stood trial in court and 13 were sentenced to various terms of administrative arrest; whereas at the end of 2011 the authorities further tightened internet controls by means, inter alia, of additional internet regulation measures;

| R. | whereas it is feared that the Belarusian authorities’ attempts to file criminal cases against opposition activists have become a pretext for legally banning them from leaving the country and interacting with United Nations and other mechanisms; |
| --- | --- |

R.

whereas it is feared that the Belarusian authorities’ attempts to file criminal cases against opposition activists have become a pretext for legally banning them from leaving the country and interacting with United Nations and other mechanisms;

| 1. | Strongly condemns the recent arrest of, and allegations against, Andrzej Poczobut, a journalist for the Polish daily ‘Gazeta Wyborcza’; |
| --- | --- |

1.

Strongly condemns the recent arrest of, and allegations against, Andrzej Poczobut, a journalist for the Polish daily ‘Gazeta Wyborcza’;

| 2. | Welcomes the release of Mr Poczobut from custody, and demands that the investigation and all the charges against him be dropped; |
| --- | --- |

2.

Welcomes the release of Mr Poczobut from custody, and demands that the investigation and all the charges against him be dropped;

| 3. | Expresses its deep concern over the deteriorating situation of human rights defenders in Belarus, and condemns all threats against journalists and individuals making use of their right of freedom of expression; |
| --- | --- |

3.

Expresses its deep concern over the deteriorating situation of human rights defenders in Belarus, and condemns all threats against journalists and individuals making use of their right of freedom of expression;

| 4. | Calls on the Fourth Eastern Partnership Foreign Ministers’ meeting on 23-24 July 2012 in Brussels to examine and discuss the deteriorating human rights situation in Belarus and the case of Mr Poczobut; |
| --- | --- |

4.

Calls on the Fourth Eastern Partnership Foreign Ministers’ meeting on 23-24 July 2012 in Brussels to examine and discuss the deteriorating human rights situation in Belarus and the case of Mr Poczobut;

| 5. | Calls for the end of judicial harassment of journalists, civil society activists and human rights defenders; calls on the Belarusian authorities to reverse their current repressive policies; |
| --- | --- |

5.

Calls for the end of judicial harassment of journalists, civil society activists and human rights defenders; calls on the Belarusian authorities to reverse their current repressive policies;

| 6. | Believes, in this context and given the unprecedented crackdown on civil society in Belarus following the presidential elections of December 2010 and their aftermath (in which at least 21 reporters were beaten and 27 journalists were detained, 13 of them being sentenced to ten to fifteen days in custody), that the case against Mr Poczobut is politically motivated and is intended to obstruct his legitimate work as a journalist and national minority leader; |
| --- | --- |

6.

Believes, in this context and given the unprecedented crackdown on civil society in Belarus following the presidential elections of December 2010 and their aftermath (in which at least 21 reporters were beaten and 27 journalists were detained, 13 of them being sentenced to ten to fifteen days in custody), that the case against Mr Poczobut is politically motivated and is intended to obstruct his legitimate work as a journalist and national minority leader;

| 7. | Expresses its deep concern over the suspended sentence of three years’ imprisonment handed down to Mr Poczobut for similar alleged ‘offences’; is concerned that the suspension may be lifted, given that the suspended sentence means that he may be returned to jail at any time at the full discretion of the Lukashenka regime if the authorities decide that he has again ‘broken the law’ while performing his journalistic work; believes that this effectively constitutes a form of intimidation and an attempt to force him to engage in self-censorship; |
| --- | --- |

7.

Expresses its deep concern over the suspended sentence of three years’ imprisonment handed down to Mr Poczobut for similar alleged ‘offences’; is concerned that the suspension may be lifted, given that the suspended sentence means that he may be returned to jail at any time at the full discretion of the Lukashenka regime if the authorities decide that he has again ‘broken the law’ while performing his journalistic work; believes that this effectively constitutes a form of intimidation and an attempt to force him to engage in self-censorship;

| 8. | Deplores the fact that the Belarusian authorities are making it impossible for journalists to operate, by introducing repressive laws aimed at silencing civil society activities and using the threat of criminal sanctions to intimidate human rights defenders and minority activists; |
| --- | --- |

8.

Deplores the fact that the Belarusian authorities are making it impossible for journalists to operate, by introducing repressive laws aimed at silencing civil society activities and using the threat of criminal sanctions to intimidate human rights defenders and minority activists;

| 9. | Considers that the Belarusian law and international mechanisms have been intentionally misused and instrumentalised by the Belarusian authorities; |
| --- | --- |

9.

Considers that the Belarusian law and international mechanisms have been intentionally misused and instrumentalised by the Belarusian authorities;

| 10. | Calls on the Belarusian authorities to ensure, in all circumstances, respect for democratic principles, human rights and fundamental freedoms, in accordance with the Universal Declaration of Human Rights and the international and regional human rights instruments ratified by Belarus; underlines that freedom of the media and freedom of expression are among the basic cornerstones of democracy which the Belarusian authorities have undertaken to respect; |
| --- | --- |

10.

Calls on the Belarusian authorities to ensure, in all circumstances, respect for democratic principles, human rights and fundamental freedoms, in accordance with the Universal Declaration of Human Rights and the international and regional human rights instruments ratified by Belarus; underlines that freedom of the media and freedom of expression are among the basic cornerstones of democracy which the Belarusian authorities have undertaken to respect;

| 11. | Urges the Belarusian authorities to reform the law and to bring Belarusian legislation, in particular that on freedom of association and expression, into line with international standards, and to eliminate the practice of censorship and self-censorship, and to refrain from further misuse of the law such as jailing political opponents, silencing journalists, harassing independent defence lawyers and operating internet control measures; |
| --- | --- |

11.

Urges the Belarusian authorities to reform the law and to bring Belarusian legislation, in particular that on freedom of association and expression, into line with international standards, and to eliminate the practice of censorship and self-censorship, and to refrain from further misuse of the law such as jailing political opponents, silencing journalists, harassing independent defence lawyers and operating internet control measures;

| 12. | Urges the Belarusian authorities to repeal the amendments to a number of legislative acts adopted by the Parliament in October 2011 that further restrict the freedoms of association, assembly, opinion and expression; |
| --- | --- |

12.

Urges the Belarusian authorities to repeal the amendments to a number of legislative acts adopted by the Parliament in October 2011 that further restrict the freedoms of association, assembly, opinion and expression;

| 13. | Urges the Belarusian authorities to put an end to the short-term arbitrary detentions and arbitrary travel bans which appear to be aimed at intimidating human rights defenders, the media, the political opposition and civil society activists and at preventing them from doing their work; |
| --- | --- |

13.

Urges the Belarusian authorities to put an end to the short-term arbitrary detentions and arbitrary travel bans which appear to be aimed at intimidating human rights defenders, the media, the political opposition and civil society activists and at preventing them from doing their work;

| 14. | Considers the transfer of Mykola Statkevych to solitary confinement to be an act of repression and an attempt to force him to sign a request for clemency; calls, therefore, on the Commission and the EEAS to intervene in his case; |
| --- | --- |

14.

Considers the transfer of Mykola Statkevych to solitary confinement to be an act of repression and an attempt to force him to sign a request for clemency; calls, therefore, on the Commission and the EEAS to intervene in his case;

| 15. | Calls on the Belarusian authorities to put an immediate end to all forms of pressure on journalists and media workers and to withdraw all charges against journalists prosecuted for their professional activities, and to take measures to rehabilitate them; calls on them also to ensure freedom of expression and create a legal environment and practices that are conducive to the effective freedom of the media, and to eliminate the practice of censorship and self-censorship, as well as ensuring that internet control measures are minimal and that regulations do not lead to censorship of electronic media and free speech; |
| --- | --- |

15.

Calls on the Belarusian authorities to put an immediate end to all forms of pressure on journalists and media workers and to withdraw all charges against journalists prosecuted for their professional activities, and to take measures to rehabilitate them; calls on them also to ensure freedom of expression and create a legal environment and practices that are conducive to the effective freedom of the media, and to eliminate the practice of censorship and self-censorship, as well as ensuring that internet control measures are minimal and that regulations do not lead to censorship of electronic media and free speech;

| 16. | Stresses that any potential EU engagement with Belarus is subject to strict conditionality and is contingent on a commitment by Belarus to respect human rights and the rule of law, as stated in the Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009, co-signed by the Belarusian Government; |
| --- | --- |

16.

Stresses that any potential EU engagement with Belarus is subject to strict conditionality and is contingent on a commitment by Belarus to respect human rights and the rule of law, as stated in the Joint Declaration of the Prague Eastern Partnership Summit of 7 May 2009, co-signed by the Belarusian Government;

| 17. | Calls on the Council and the Commission to step up their engagement with Belarusian civil society organisations and to promote greater people-to-people contact; |
| --- | --- |

17.

Calls on the Council and the Commission to step up their engagement with Belarusian civil society organisations and to promote greater people-to-people contact;

| 18. | Calls on those EU Member States which are currently members of the UN Human Rights Council to make every effort in that body to establish, for at least two years, a country-specific mandate, such as a special rapporteur, for the situation of human rights in Belarus; stresses that such a mechanism would also play an important role in independently documenting abuses and monitoring the implementation of recommendations issued by the various UN mechanisms, in particular those formulated in the High Commissioner’s most recent report; |
| --- | --- |

18.

Calls on those EU Member States which are currently members of the UN Human Rights Council to make every effort in that body to establish, for at least two years, a country-specific mandate, such as a special rapporteur, for the situation of human rights in Belarus; stresses that such a mechanism would also play an important role in independently documenting abuses and monitoring the implementation of recommendations issued by the various UN mechanisms, in particular those formulated in the High Commissioner’s most recent report;

| 19. | Reiterates the need to enhance the relationship and political dialogue between the EU and its eastern neighbours in the framework of the Eastern Partnership, including its parliamentary dimension, the Euronest Parliamentary Assembly, with the common goal of ensuring democratic reform in Belarus; |
| --- | --- |

19.

Reiterates the need to enhance the relationship and political dialogue between the EU and its eastern neighbours in the framework of the Eastern Partnership, including its parliamentary dimension, the Euronest Parliamentary Assembly, with the common goal of ensuring democratic reform in Belarus;

| 20. | Urges the Belarusian authorities, with a view to the 2012 parliamentary elections, to pursue the process of reforming electoral law and practice, by taking into account the full set of recommendations of the OSCE/ODIHR and the European Commission for Democracy through Law, while also acting in line with all international democratic norms and standards; |
| --- | --- |

20.

Urges the Belarusian authorities, with a view to the 2012 parliamentary elections, to pursue the process of reforming electoral law and practice, by taking into account the full set of recommendations of the OSCE/ODIHR and the European Commission for Democracy through Law, while also acting in line with all international democratic norms and standards;

| 21. | Calls on the Member States to evaluate the efficiency of the existing restrictive measures against Belarus and to consider broadening the existing sanctions by expanding the list of Belarusians subject to a visa ban and asset freeze; |
| --- | --- |

21.

Calls on the Member States to evaluate the efficiency of the existing restrictive measures against Belarus and to consider broadening the existing sanctions by expanding the list of Belarusians subject to a visa ban and asset freeze;

| 22. | Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the Parliamentary Assemblies of the OSCE and the Council of Europe, and the Government and Parliament of Belarus. |
| --- | --- |

22.

Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Council, the Commission, the governments and parliaments of the Member States, the Parliamentary Assemblies of the OSCE and the Council of Europe, and the Government and Parliament of Belarus.

---

(1)  Texts adopted, P7_TA(2012)0112.

(2)  Texts adopted, P7_TA(2012)0063.

(3)  Texts adopted, P7_TA(2012)0392.

(4)  Texts adopted, P7_TA(2011)0244.

(5)  Texts adopted, P7_TA(2011)0099.

(6)  OJ C 136 E, 11.5.2012, p. 57.

(7)  OJ C 349 E, 22.12.2010, p. 37.

(8)  OJ C 286 E, 22.10.2010, p. 16.

(9)  OJ L 55, 29.2.2012, p. 19.

(10)  OJ L 113, 25.4.2012, p. 1.

(11)  OJ L 19, 24.1.2012, p. 31.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/98 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/98

---

Thursday 5 July 2012Forced abortion scandal in China

P7_TA(2012)0301

European Parliament resolution of 5 July 2012 on the forced abortion scandal in China (2012/2712(RSP))

2013/C 349 E/14

The European Parliament,

| — | having regard to the reports submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Optional Protocol thereto, and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, |
| --- | --- |

—

having regard to the reports submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Optional Protocol thereto, and to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,

| — | having regard to the Convention on the Rights of the Child, |
| --- | --- |

—

having regard to the Convention on the Rights of the Child,

| — | having regard to the International Conference on Population and Development (ICPD) held in Cairo in 1994, |
| --- | --- |

—

having regard to the International Conference on Population and Development (ICPD) held in Cairo in 1994,

| — | having regard to China’s one-child policy and to China’s laws on abortion, |
| --- | --- |

—

having regard to China’s one-child policy and to China’s laws on abortion,

| — | having regard to Rules 122(5) and 110(4) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 122(5) and 110(4) of its Rules of Procedure,

| A. | whereas on 2 June 2012 a seven-months-pregnant woman, Feng Jianmei, was abducted and underwent a forced abortion in Zhenping county (Shanxi province), sparking a wave of indignation and condemnation in China and around the world; |
| --- | --- |

A.

whereas on 2 June 2012 a seven-months-pregnant woman, Feng Jianmei, was abducted and underwent a forced abortion in Zhenping county (Shanxi province), sparking a wave of indignation and condemnation in China and around the world;

| B. | whereas abortions beyond six months are illegal under Chinese law; whereas the Ankang municipal government conducted an investigation which concluded that officials in Zhenping county had used ‘crude means’ and ‘persuaded’ Ms Feng to abort the foetus; whereas the report stated that this decision had violated her rights; whereas the Ankang municipal government has announced punishments for local planning officials involved in the case, including sacking; |
| --- | --- |

B.

whereas abortions beyond six months are illegal under Chinese law; whereas the Ankang municipal government conducted an investigation which concluded that officials in Zhenping county had used ‘crude means’ and ‘persuaded’ Ms Feng to abort the foetus; whereas the report stated that this decision had violated her rights; whereas the Ankang municipal government has announced punishments for local planning officials involved in the case, including sacking;

| C. | whereas, according to the investigation, local officials had asked Ms Feng’s family for a ‘guarantee deposit’ of RMB 40 000, which according to her husband was a fine for having a second child; whereas local authorities had no legal grounds for collecting such a deposit; whereas Ms Feng was forced to sign a consent form to terminate her pregnancy because she would not pay the fine, and was kept in the hospital by guards; |
| --- | --- |

C.

whereas, according to the investigation, local officials had asked Ms Feng’s family for a ‘guarantee deposit’ of RMB 40 000, which according to her husband was a fine for having a second child; whereas local authorities had no legal grounds for collecting such a deposit; whereas Ms Feng was forced to sign a consent form to terminate her pregnancy because she would not pay the fine, and was kept in the hospital by guards;

| D. | whereas, as a result of China’s one-child policy, illegal sex-selective abortions are widespread, creating an imbalance between the numbers of men and women; |
| --- | --- |

D.

whereas, as a result of China’s one-child policy, illegal sex-selective abortions are widespread, creating an imbalance between the numbers of men and women;

| E. | whereas the EU has provided, and still provides, funds for organisations involved in family planning policies in China; |
| --- | --- |

E.

whereas the EU has provided, and still provides, funds for organisations involved in family planning policies in China;

| 1. | Strongly emphasises that, according to the International Conference on Population and Development Plan of Action, the aim of family planning programmes must be to enable couples and individuals to make free, responsible and informed decisions about childbearing and to make available a full range of safe, effective and acceptable methods of family planning of their choice, and any form of coercion has no part to play; |
| --- | --- |

1.

Strongly emphasises that, according to the International Conference on Population and Development Plan of Action, the aim of family planning programmes must be to enable couples and individuals to make free, responsible and informed decisions about childbearing and to make available a full range of safe, effective and acceptable methods of family planning of their choice, and any form of coercion has no part to play;

| 2. | Reiterates the fundamental right of all women to access to public health care systems, in particular to primary, gynaecological and obstetric health care as defined by the World Health Organisation; |
| --- | --- |

2.

Reiterates the fundamental right of all women to access to public health care systems, in particular to primary, gynaecological and obstetric health care as defined by the World Health Organisation;

| 3. | Extends its condolences to the family of the victims, strongly condemns the harassment to which they are being subjected and demands public protection for them; |
| --- | --- |

3.

Extends its condolences to the family of the victims, strongly condemns the harassment to which they are being subjected and demands public protection for them;

| 4. | Strongly condemns the decision to force Ms Feng to have an abortion and condemns the practice of forced abortions and sterilisations globally, especially in the context of the one-child policy; |
| --- | --- |

4.

Strongly condemns the decision to force Ms Feng to have an abortion and condemns the practice of forced abortions and sterilisations globally, especially in the context of the one-child policy;

| 5. | Welcomes the Ankang municipal government’s decision to offer Ms Feng’s family compensation and strongly to sanction local officials involved in the case; |
| --- | --- |

5.

Welcomes the Ankang municipal government’s decision to offer Ms Feng’s family compensation and strongly to sanction local officials involved in the case;

| 6. | Takes note of the fact that Ms Feng’s case became widely known thanks to the internet and stresses the importance of freedom of expression, including online; welcomes with satisfaction the emergence of a public sphere for debate, thanks partly to microblogging; |
| --- | --- |

6.

Takes note of the fact that Ms Feng’s case became widely known thanks to the internet and stresses the importance of freedom of expression, including online; welcomes with satisfaction the emergence of a public sphere for debate, thanks partly to microblogging;

| 7. | Considers important the ongoing debate among intellectuals and academics as to whether or not to continue with the one-child policy in China; |
| --- | --- |

7.

Considers important the ongoing debate among intellectuals and academics as to whether or not to continue with the one-child policy in China;

| 8. | Urges the Commission to ensure that its funding of projects does not breach the remarks set out in Section III, Title 21 of the general budget of the European Union for the financial year 2012; |
| --- | --- |

8.

Urges the Commission to ensure that its funding of projects does not breach the remarks set out in Section III, Title 21 of the general budget of the European Union for the financial year 2012;

| 9. | Calls on the Commission and the European External Action Service to include forced abortion on the agenda for their next bilateral human rights dialogue with China; |
| --- | --- |

9.

Calls on the Commission and the European External Action Service to include forced abortion on the agenda for their next bilateral human rights dialogue with China;

| 10. | Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Delegation of the European Union to the United Nations and the Government and Parliament of the People’s Republic of China. |
| --- | --- |

10.

Instructs its President to forward this resolution to the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the governments and parliaments of the Member States, the Delegation of the European Union to the United Nations and the Government and Parliament of the People’s Republic of China.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/99 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/99

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Thursday 5 July 2012Development education and active global citizenship

P7_TA(2012)0302

Declaration of the European Parliament of 5 July 2012 on development education and active global citizenship

2013/C 349 E/15

The European Parliament,

| — | having regard to the European Consensus on Development, which underlines that ‘the EU will pay particular attention to development education and raising awareness’, |
| --- | --- |

—

having regard to the European Consensus on Development, which underlines that ‘the EU will pay particular attention to development education and raising awareness’,

| — | having regard to the conclusions of the Structured Dialogue concerning the role of civil society and local authorities in development, which calls on ‘EU Member States and the European Commission [to] strengthen their strategies for Development Education and Awareness Raising’, |
| --- | --- |

—

having regard to the conclusions of the Structured Dialogue concerning the role of civil society and local authorities in development, which calls on ‘EU Member States and the European Commission [to] strengthen their strategies for Development Education and Awareness Raising’,

| — | having regard to Rule 123 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123 of its Rules of Procedure,

| A. | whereas development education and awareness-raising are central to European development policies, as outlined in the European Development Education Consensus (‘The European Consensus on Development: The contribution of Development Education and Awareness Raising’); |
| --- | --- |

A.

whereas development education and awareness-raising are central to European development policies, as outlined in the European Development Education Consensus (‘The European Consensus on Development: The contribution of Development Education and Awareness Raising’);

| B. | whereas, despite being one of the biggest funders of development education in Europe, the European Union does not have a dedicated strategy in this field; |
| --- | --- |

B.

whereas, despite being one of the biggest funders of development education in Europe, the European Union does not have a dedicated strategy in this field;

| C. | whereas, during periods marked by austerity, crises and the rise of nationalist and populist movements, it is particularly important to support active global citizenship; |
| --- | --- |

C.

whereas, during periods marked by austerity, crises and the rise of nationalist and populist movements, it is particularly important to support active global citizenship;

| 1. | Calls on the Commission and the Council to develop a long-term, cross-sectoral European strategy for development education, awareness-raising and active global citizenship; |
| --- | --- |

1.

Calls on the Commission and the Council to develop a long-term, cross-sectoral European strategy for development education, awareness-raising and active global citizenship;

| 2. | Calls on the Member States to develop or strengthen national development education strategies; |
| --- | --- |

2.

Calls on the Member States to develop or strengthen national development education strategies;

| 3. | Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the parliaments of the Member States. |
| --- | --- |

3.

Instructs its President to forward this declaration, together with the names of the signatories (1), to the Commission, the Council and the parliaments of the Member States.

---

(1)  The list of signatories is published in Annex 1 to the Minutes of 5 July 2012 (P7_PV(2012)07-05(ANN1)).

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/100 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/100

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Thursday 5 July 2012The establishment of European Artisanal Gelato Day

P7_TA(2012)0303

Declaration of the European Parliament of 5 July 2012 on the establishment of European Artisanal Gelato Day

2013/C 349 E/16

The European Parliament,

| — | having regard to Rule 123 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 123 of its Rules of Procedure,

| A. | whereas EU legislation is increasingly geared towards ensuring the quality of food and, of all fresh dairy products, artisanal gelato is a product of excellence in terms of food quality and safety, raising the profile of agri-food products in each individual Member State, |
| --- | --- |

A.

whereas EU legislation is increasingly geared towards ensuring the quality of food and, of all fresh dairy products, artisanal gelato is a product of excellence in terms of food quality and safety, raising the profile of agri-food products in each individual Member State,

| B. | whereas consumers are increasingly opting for healthy, more nutritious and tastier foods made using traditional methods which do not have an impact on the environment, |
| --- | --- |

B.

whereas consumers are increasingly opting for healthy, more nutritious and tastier foods made using traditional methods which do not have an impact on the environment,

| C. | whereas the sector directly employs some 300 000, mostly young, workers in around 50 000 ice cream parlours throughout Europe and the consumption of ice cream is gradually becoming less seasonal, resulting in a year-round turnover of hundreds of millions of euros, |
| --- | --- |

C.

whereas the sector directly employs some 300 000, mostly young, workers in around 50 000 ice cream parlours throughout Europe and the consumption of ice cream is gradually becoming less seasonal, resulting in a year-round turnover of hundreds of millions of euros,

| 1. | Calls on the Member States to support the production of artisanal gelato, a high-quality product, since this is an area in which the EU economy can compete and an opportunity to be seized, given the current crisis in the dairy and other sectors; |
| --- | --- |

1.

Calls on the Member States to support the production of artisanal gelato, a high-quality product, since this is an area in which the EU economy can compete and an opportunity to be seized, given the current crisis in the dairy and other sectors;

| 2. | Establishes European Artisanal Gelato Day, to be celebrated on 24 March, to help promote this product and build on the sector’s gastronomic traditions; |
| --- | --- |

2.

Establishes European Artisanal Gelato Day, to be celebrated on 24 March, to help promote this product and build on the sector’s gastronomic traditions;

| 3. | Instructs its President to forward this declaration, together with the names of its signatories (1), to the governments and parliaments of the Member States. |
| --- | --- |

3.

Instructs its President to forward this declaration, together with the names of its signatories (1), to the governments and parliaments of the Member States.

---

(1)  The list of signatories is published in Annex 2 to the Minutes of 5 July 2012 (P7_PV(2012)07-05(ANN2)).

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Parliament

Tuesday 3 July 2012

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/101 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/101

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Tuesday 3 July 2012Electronic signature of amendments (interpretation of Rule 156(1) of Parliament's Rules of Procedure)

P7_TA(2012)0277

Decision of the European Parliament of 3 July 2012 concerning a pilot project allowing amendments tabled in committee to be signed electronically (interpretation of the second subparagraph of Rule 156(1) of Parliament's Rules of Procedure)

2013/C 349 E/17

The European Parliament,

| — | having regard to the letter of 19 June 2012 from the Chair of the Committee on Constitutional Affairs, |
| --- | --- |

—

having regard to the letter of 19 June 2012 from the Chair of the Committee on Constitutional Affairs,

| — | having regard to Rule 211 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 211 of its Rules of Procedure,

| 1. | Decides to append the following interpretation to the second subparagraph of Rule 156(1):
  "Amendments may be signed electronically as part of a pilot project involving a limited number of parliamentary committees, on condition, first, that the committees participating in the project have given their agreement and, second, that appropriate measures have been put in place to ensure the authenticity of the signatures." |
| --- | --- |

1.

Decides to append the following interpretation to the second subparagraph of Rule 156(1):

"Amendments may be signed electronically as part of a pilot project involving a limited number of parliamentary committees, on condition, first, that the committees participating in the project have given their agreement and, second, that appropriate measures have been put in place to ensure the authenticity of the signatures."

| 2. | Instructs its President to forward this decision to the Council and the Commission, for information. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council and the Commission, for information.

---

III Preparatory acts

EUROPEAN PARLIAMENT

Tuesday 3 July 2012

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/102 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/102

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Tuesday 3 July 2012Insurance and Reinsurance (Solvency II) ***I

P7_TA(2012)0267

European Parliament legislative resolution of 3 July 2012 on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/138/EC on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) as regards the dates of its transposition and application and the date of repeal of certain Directives (COM(2012)0217 – C7-0125/2012 – 2012/0110(COD))

2013/C 349 E/18

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2012)0217), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2012)0217),

| — | having regard to Article 294(2) and Articles 53(1) and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0125/2012), |
| --- | --- |

—

having regard to Article 294(2) and Articles 53(1) and 62 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0125/2012),

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

—

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

| — | having regard to the undertaking given by the Council representative by letter of 20 June 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 20 June 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 55 and 46(1) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 46(1) of its Rules of Procedure,

| — | having regard to the report of the Committee on Economic and Monetary Affairs (A7-0198/2012), |
| --- | --- |

—

having regard to the report of the Committee on Economic and Monetary Affairs (A7-0198/2012),

| A. | Whereas for reasons of urgency it is justified to proceed to the vote before the expiry of the deadline of eight weeks laid down in Article 6 of Protocol No 2 on the application of the principles of subsidiarity and proportionality; |
| --- | --- |

A.

Whereas for reasons of urgency it is justified to proceed to the vote before the expiry of the deadline of eight weeks laid down in Article 6 of Protocol No 2 on the application of the principles of subsidiarity and proportionality;

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

Tuesday 3 July 2012P7_TC1-COD(2012)0110

Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council amending Directive 2009/138/EC (Solvency II) as regards the date for its transposition and the date of its application, and the date of repeal of certain Directives

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/23/EU.)

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/103 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/103

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Tuesday 3 July 2012Association of overseas countries and territories with the European Community *

P7_TA(2012)0268

European Parliament legislative resolution of 3 July 2012 on the proposal for a Council decision amending Council Decision 2001/822/EC on the association of the overseas countries and territories with the European Community (COM(2012)0061 – C7-0054/2012 – 2012/0024(CNS))

2013/C 349 E/19

(Special legislative procedure – consultation)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2012)0061), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2012)0061),

| — | having regard to Article 203 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0054/2012), |
| --- | --- |

—

having regard to Article 203 of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0054/2012),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Development (A7-0169/2012), |
| --- | --- |

—

having regard to the report of the Committee on Development (A7-0169/2012),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

Approves the Commission proposal;

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

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

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
| --- | --- |

3.

Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

| 4. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

4.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/104 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/104

---

Tuesday 3 July 2012Single European railway area ***II

P7_TA(2012)0270

European Parliament legislative resolution of 3 July 2012 on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council establishing a single European railway area (recast) (18581/2/2011 – C7-0268/2010 – 2010/0253(COD))

2013/C 349 E/20

(Ordinary legislative procedure: second reading)

The European Parliament,

| — | having regard to the Council position at first reading (18581/2/2011 – C7-0268/2010), |
| --- | --- |

—

having regard to the Council position at first reading (18581/2/2011 – C7-0268/2010),

| — | having regard to the reasoned opinion submitted, within the framework of the Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Luxembourg Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted, within the framework of the Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Luxembourg Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 16 March 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 16 March 2011 (1),

| — | having regard to the opinion of the Committee of the Regions of 28 January 2011 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 28 January 2011 (2),

| — | having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2010)0475), |
| --- | --- |

—

having regard to its position at first reading (3) on the Commission proposal to Parliament and the Council (COM(2010)0475),

| — | having regard to Article 294(7) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

| — | having regard to Rule 66 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 66 of its Rules of Procedure,

| — | having regard to the recommendation for second reading of the Committee on Transport and Tourism (A7-0196/2012), |
| --- | --- |

—

having regard to the recommendation for second reading of the Committee on Transport and Tourism (A7-0196/2012),

| 1. | Adopts its position at second reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at second reading hereinafter set out;

| 2. | Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 132, 3.5.2011, p. 99.

(2)  OJ C 104, 2.4.2011, p. 53.

(3)  Texts adopted of 16.11.2011, P7_TA(2011)0503.

---

Tuesday 3 July 2012P7_TC2-COD(2010)0253

Position of the European Parliament adopted at second reading on 3 July 2012 with a view to the adoption of Directive 2012/.../EU of the European Parliament and of the Council establishing a single European railway area (recast)

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive 2012/34/EU.)

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/105 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/105

---

Tuesday 3 July 2012Recording equipment in road transport ***I

P7_TA(2012)0271

European Parliament legislative resolution of 3 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council (COM(2011)0451 – C7-0205/2011 – 2011/0196(COD))

2013/C 349 E/21

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0451), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0451),

| — | having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0205/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 91 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0205/2011),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 7 December 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 7 December 2011 (1),

| — | having regard to the opinion of the European Data Protection Supervisor of 5 October 2011 (2), |
| --- | --- |

—

having regard to the opinion of the European Data Protection Supervisor of 5 October 2011 (2),

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to Rules 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Transport and Tourism (A7-0195/2012), |
| --- | --- |

—

having regard to the report of the Committee on Transport and Tourism (A7-0195/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 43, 15.2.2012, p. 79.

(2)  OJ C 37, 10.2.2012, p. 6.

---

Tuesday 3 July 2012P7_TC1-COD(2011)0196

Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Having regard to the opinion of the European Data Protection Supervisor (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | Council Regulation (EEC) No 3821/85 (4) lays down provisions concerning the construction, installation, use and testing of recording equipment

  tachographs
  . It has been substantially amended on several occasions, and in order to ensure greater clarity, its main provisions should therefore be simplified and re-structured. [Am. 8, this amendment 'tachograph' applies throughout the text] |
| --- | --- |

(1)

Council Regulation (EEC) No 3821/85 (4) lays down provisions concerning the construction, installation, use and testing of recording equipment

  tachographs
  . It has been substantially amended on several occasions, and in order to ensure greater clarity, its main provisions should therefore be simplified and re-structured. [Am. 8, this amendment 'tachograph' applies throughout the text]

| (2) | Experience has shown that in order to ensure the effective application of Regulation (EEC) No 3821/85, certain technical elements and control procedures should be improved. |
| --- | --- |

(2)

Experience has shown that in order to ensure the effective application of Regulation (EEC) No 3821/85, certain technical elements and control procedures should be improved.

| (3) | Certain vehicles are subject to an exemption from the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport (5). In order to ensure coherence, it should also be possible to exempt such vehicles from the scope of Regulation (EEC) No 3821/85. |
| --- | --- |

(3)

Certain vehicles are subject to an exemption from the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport (5). In order to ensure coherence, it should also be possible to exempt such vehicles from the scope of Regulation (EEC) No 3821/85.

| (4) | In order to ensure coherence between the different exemptions set out in Article 13 of Regulation (EC) No 561/2006, and to reduce the administrative burden on transport undertakings
  , to reduce bureaucracy and to ensure that tachographs continue to develop in line with practice,
  whilst respecting the objectives of that Regulation, the maximum permissible distances set out therein should be revised. [Am. 2] |
| --- | --- |

(4)

In order to ensure coherence between the different exemptions set out in Article 13 of Regulation (EC) No 561/2006, and to reduce the administrative burden on transport undertakings
  , to reduce bureaucracy and to ensure that tachographs continue to develop in line with practice,
  whilst respecting the objectives of that Regulation, the maximum permissible distances set out therein should be revised. [Am. 2]

| (5) | The recording of location data facilitates the cross checking of driving times and rest periods in order to detect anomalies and fraud. The use of recording equipment

  tachographs
  connected to a global navigation satellite system (GNSS) is an appropriate and cost-efficient means of allowing the automatic recording of such data in order to support control officers during controls, and should therefore be introduced. |
| --- | --- |

(5)

The recording of location data facilitates the cross checking of driving times and rest periods in order to detect anomalies and fraud. The use of recording equipment

  tachographs
  connected to a global navigation satellite system (GNSS) is an appropriate and cost-efficient means of allowing the automatic recording of such data in order to support control officers during controls, and should therefore be introduced.

| (6) | Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) 3821/85 concerning social legislation relating to road transport activities (6) requires Member States to carry out a minimum number of checks at the roadside. Remote communication between the recording equipment

  tachograph
  and control authorities for roadside control purposes facilitates targeted roadside checks, making it possible to reduce the administrative burden created by random checks on transport undertakings, and should accordingly be introduced. |
| --- | --- |

(6)

Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) 3821/85 concerning social legislation relating to road transport activities (6) requires Member States to carry out a minimum number of checks at the roadside. Remote communication between the recording equipment

  tachograph
  and control authorities for roadside control purposes facilitates targeted roadside checks, making it possible to reduce the administrative burden created by random checks on transport undertakings, and should accordingly be introduced.

| (7) | Intelligent transport systems (ITS) can help to meet the challenges faced by the European transport policy, such as increasing road transport volumes and congestion or rising energy consumption. Standardised interfaces should therefore be provided in recording equipment

  tachographs
  in order to ensure interoperability with ITS applications. |
| --- | --- |

(7)

Intelligent transport systems (ITS) can help to meet the challenges faced by the European transport policy, such as increasing road transport volumes and congestion or rising energy consumption. Standardised interfaces should therefore be provided in recording equipment

  tachographs
  in order to ensure interoperability with ITS applications.

| (8) | The security of the recording equipment

  the tachograph
  and its system is essential to ensure that trustworthy data is produced. Manufacturers should therefore design, test and continuously review recording equipment

  a tachograph
  throughout its life cycle in order to detect, prevent and mitigate security vulnerabilities. |
| --- | --- |

(8)

The security of the recording equipment

  the tachograph
  and its system is essential to ensure that trustworthy data is produced. Manufacturers should therefore design, test and continuously review recording equipment

  a tachograph
  throughout its life cycle in order to detect, prevent and mitigate security vulnerabilities.

| (9) | Field tests of recording equipment

  a tachograph
  that has not yet been type approved allow equipment to be tested in real life situations before it is widely introduced, thereby allowing faster improvements. Field tests should therefore be permitted, on condition that participation in such tests and compliance with Regulation (EC) No 561/2006 is effectively monitored and controlled. |
| --- | --- |

(9)

Field tests of recording equipment

  a tachograph
  that has not yet been type approved allow equipment to be tested in real life situations before it is widely introduced, thereby allowing faster improvements. Field tests should therefore be permitted, on condition that participation in such tests and compliance with Regulation (EC) No 561/2006 is effectively monitored and controlled.

| (10) | Fitters and workshops play an important part in the security of recording equipment

  tachographs
  . It is therefore appropriate to lay down certain minimum requirements for their approval and audit and to ensure that conflicts of interest between workshops and transport undertakings are prevented. |
| --- | --- |

(10)

Fitters and workshops play an important part in the security of recording equipment

  tachographs
  . It is therefore appropriate to lay down certain minimum requirements for their approval and audit and to ensure that conflicts of interest between workshops and transport undertakings are prevented.

| (11) | In order to ensure more effective scrutiny and control of driver cards, and to facilitate the tasks of control officers, national electronic registers should be established, and provision made for the interconnection of those registers. |
| --- | --- |

(11)

In order to ensure more effective scrutiny and control of driver cards, and to facilitate the tasks of control officers, national electronic registers should be established, and provision made for the interconnection of those registers.

| (12) | As fraud and misuse in relation to driving licences isless likely to occur than with driver cards, the recording equipment

  tachograph
  system would be more reliable and effective if driver cards were in future incorporated into driving licences. This approach would also reduce the administrative burden for drivers who would no longer need to apply for, receive and hold two different documents. An amendment to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (7) should accordingly be envisaged. |
| --- | --- |

(12)

As fraud and misuse in relation to driving licences isless likely to occur than with driver cards, the recording equipment

  tachograph
  system would be more reliable and effective if driver cards were in future incorporated into driving licences. This approach would also reduce the administrative burden for drivers who would no longer need to apply for, receive and hold two different documents. An amendment to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (7) should accordingly be envisaged.

| (13) | In order to reduce the administrative burden on drivers and transport undertakings, it should be clarified that there is no need for written proof of daily or weekly rest periods. For control purposes, periods for which no activity has been recorded for the driver should accordingly be considered as rest periods. |
| --- | --- |

(13)

In order to reduce the administrative burden on drivers and transport undertakings, it should be clarified that there is no need for written proof of daily or weekly rest periods. For control purposes, periods for which no activity has been recorded for the driver should accordingly be considered as rest periods.

| (14) | Control officers face continuous challenges as a result of changes to recording equipment

  tachographs
  and new manipulation techniques. In order to ensure more effective control, and to enhance the harmonisation of the approaches to control throughout the Union, a common methodology should be adopted for the initial and continuing training of control officers. |
| --- | --- |

(14)

Control officers face continuous challenges as a result of changes to recording equipment

  tachographs
  and new manipulation techniques. In order to ensure more effective control, and to enhance the harmonisation of the approaches to control throughout the Union, a common methodology should be adopted for the initial and continuing training of control officers.

| (15) | The recording of data by recording equipment

  tachographs
  , as well as developing technologies for the recording of location data, remote communication and the interface with ITS will entail the processing of personal data. 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 (8) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (9) should be applied. |
| --- | --- |

(15)

The recording of data by recording equipment

  tachographs
  , as well as developing technologies for the recording of location data, remote communication and the interface with ITS will entail the processing of personal data. 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 (8) and Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (9) should be applied.

| (16) | To ensure fair competition in the internal market for road transport and to give a clear message to drivers and transport undertakings, the
  definition of very serious infringements of this Regulation should be harmonised and binding in nature and the
  Member States' highest category of penalties should be imposed for very serious infringements (as set out in Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (10), without prejudice to the principle of subsidiarity.
  Efforts should also be taken to ensure that the penalties imposed for any infringements are always effective, dissuasive and proportionate. In particular concrete steps should be taken to eliminate the practice of excessively high fines for minor infringements. [Am. 3] |
| --- | --- |

(16)

To ensure fair competition in the internal market for road transport and to give a clear message to drivers and transport undertakings, the
  definition of very serious infringements of this Regulation should be harmonised and binding in nature and the
  Member States' highest category of penalties should be imposed for very serious infringements (as set out in Commission Directive 2009/5/EC of 30 January 2009 amending Annex III to Directive 2006/22/EC of the European Parliament and of the Council on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (10), without prejudice to the principle of subsidiarity.
  Efforts should also be taken to ensure that the penalties imposed for any infringements are always effective, dissuasive and proportionate. In particular concrete steps should be taken to eliminate the practice of excessively high fines for minor infringements. [Am. 3]

| (16a) | Different rules for calculating daily driving times lead to a lack of uniformity in the application of Regulation (EC) No 561/2006 and create legal uncertainty for international drivers and transport undertakings. In the interest of clear, effective, proportionate and uniform implementation of social security rules in road transport it is essential that the Member States’ authorities apply the rules in a uniform manner. [Am. 4] |
| --- | --- |

(16a)

Different rules for calculating daily driving times lead to a lack of uniformity in the application of Regulation (EC) No 561/2006 and create legal uncertainty for international drivers and transport undertakings. In the interest of clear, effective, proportionate and uniform implementation of social security rules in road transport it is essential that the Member States’ authorities apply the rules in a uniform manner. [Am. 4]

| (17) | Through the adaptations of the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR), signed in Geneva on 1 July 1970, including its six amendments, deposited with the Secretary-General of the United Nations, the use of the recording equipment referred to in Annex IB

  digital tachograph
  has been made mandatory as regards vehicles registered in neighbouring third countries. As these countries are directly affected by changes to the recording equipment

  tachographs
  introduced by this Regulation, they should be able to participate in dialogue on technical matters
  and on the establishment of a single electronic system for the exchange of information on driver cards
  . A Tachograph Forum should accordingly be set up. [Am. 5, this amendment 'digital tachograph' applies throughout the text] |
| --- | --- |

(17)

Through the adaptations of the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR), signed in Geneva on 1 July 1970, including its six amendments, deposited with the Secretary-General of the United Nations, the use of the recording equipment referred to in Annex IB

  digital tachograph
  has been made mandatory as regards vehicles registered in neighbouring third countries. As these countries are directly affected by changes to the recording equipment

  tachographs
  introduced by this Regulation, they should be able to participate in dialogue on technical matters
  and on the establishment of a single electronic system for the exchange of information on driver cards
  . A Tachograph Forum should accordingly be set up. [Am. 5, this amendment 'digital tachograph' applies throughout the text]

| (18) | In order to reflect technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adaptation of Annexes I, IB and II to technical progress and the supplementing of Annex IB with the technical specifications necessary for the automatic recording of the location data, for enabling remote communication and for ensuring an interface with ITS. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. |
| --- | --- |

(18)

In order to reflect technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the adaptation of Annexes I, IB and II to technical progress and the supplementing of Annex IB with the technical specifications necessary for the automatic recording of the location data, for enabling remote communication and for ensuring an interface with ITS. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.

| (19) | In order to ensure uniform conditions for the implementation of this Regulation concerning field tests, the electronic exchange of information on driver cards between Member States and the training of control officers, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (11). |
| --- | --- |

(19)

In order to ensure uniform conditions for the implementation of this Regulation concerning field tests, the electronic exchange of information on driver cards between Member States and the training of control officers, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (11).

| (20) | The advisory procedure should be used for the adoption of the procedures to be followed for carrying out field tests and the forms to be used for monitoring such tests, as well as the methodology for the initial and continuing training of control officers. |
| --- | --- |

(20)

The advisory procedure should be used for the adoption of the procedures to be followed for carrying out field tests and the forms to be used for monitoring such tests, as well as the methodology for the initial and continuing training of control officers.

| (21) | The examination procedure should be used for the adoption of the specifications for the electronic exchange of information on driver cards between Member States. |
| --- | --- |

(21)

The examination procedure should be used for the adoption of the specifications for the electronic exchange of information on driver cards between Member States.

| (21a) | The transport of passengers and goods takes place under very widely differing terms and conditions. Accordingly, a revision of the tachograph requirements and the rules on driving and rest periods for bus drivers should be submitted as soon as possible, and at any rate by the end of 2013. [Am. 6] |
| --- | --- |

(21a)

The transport of passengers and goods takes place under very widely differing terms and conditions. Accordingly, a revision of the tachograph requirements and the rules on driving and rest periods for bus drivers should be submitted as soon as possible, and at any rate by the end of 2013. [Am. 6]

| (21b) | Standards and specifications should be drawn up as open standards allowing for the incorporation into one and the same device, following examination by the Commission, of other functions such as accident recorders and 112 e-call. [Am. 7] |
| --- | --- |

(21b)

Standards and specifications should be drawn up as open standards allowing for the incorporation into one and the same device, following examination by the Commission, of other functions such as accident recorders and 112 e-call. [Am. 7]

| (22) | Regulation (EEC) No 3821/85 should therefore be amended accordingly, |
| --- | --- |

(22)

Regulation (EEC) No 3821/85 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3821/85 is hereby amended as follows:

| (-1) | The title is replaced by the following:



  “Council Regulation (EEC) No 3821/85 of 20 December 1985 on tachographs in road transport” [Am. 8] |
| --- | --- |

(-1)

The title is replaced by the following:

| (1) | Articles 1 to 21 are replaced by the following articles:
  "CHAPTER I
  Principles and

  ,
  scope
  and requirements [Am. 9]


  Article 1


  Subject matter and principle

  principles [Am. 10]


  1.
     This Regulation sets out
  the obligations and
  requirements for

  in relation to
  the construction, installation, use and

  ,
  testing of recording equipment

  and control of tachographs
  used in road transport to control compliance with Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport (12), Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (13) and Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (14). [Am. 11]



  1a.
     
  This Regulation sets out the conditions and requirements under which the information and data recorded, processed or stored by a tachograph as defined in Article 2 may be used for purposes other than the control of compliance with the legislation referred to in paragraph 1 of this Article. [Am. 12]



  2.
     Recording equipment

  Tachographs
  shall, as regards construction, installation, use and testing, comply with the requirements of this Regulation.

  Article 2


  Definitions

  1.   For the purposes of this Regulation the definitions set out in Article 4 of Regulation (EC) No 561/2006 shall apply.
  2.   In addition to the definitions referred to in paragraph 1, for the purposes of this Regulation:






  (a) | ‘recording equipment

  tachograph
  ’ means the equipment intended for installation in road vehicles to display, record, print, store and output automatically or semiautomatically details of the movement
  , speed and weight
  of such vehicles and of certain work periods of their drivers

  in relation to the different periods of time being part of the driver's daily working period, and of data referred to in Article 30 of this Regulation
  ; [Ams 13+147+148] |
| --- | --- | --- |

(1)

Articles 1 to 21 are replaced by the following articles:

"CHAPTER I

Principles and

  ,
  scope
  and requirements [Am. 9]

Article 1

Subject matter and principle

  principles [Am. 10]

1.
     This Regulation sets out
  the obligations and
  requirements for

  in relation to
  the construction, installation, use and

  ,
  testing of recording equipment

  and control of tachographs
  used in road transport to control compliance with Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport (12), Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (13) and Council Directive 92/6/EEC of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (14). [Am. 11]

1a.
     
  This Regulation sets out the conditions and requirements under which the information and data recorded, processed or stored by a tachograph as defined in Article 2 may be used for purposes other than the control of compliance with the legislation referred to in paragraph 1 of this Article. [Am. 12]

2.
     Recording equipment

  Tachographs
  shall, as regards construction, installation, use and testing, comply with the requirements of this Regulation.

Article 2

Definitions

1.   For the purposes of this Regulation the definitions set out in Article 4 of Regulation (EC) No 561/2006 shall apply.

2.   In addition to the definitions referred to in paragraph 1, for the purposes of this Regulation:

(a)

‘recording equipment

  tachograph
  ’ means the equipment intended for installation in road vehicles to display, record, print, store and output automatically or semiautomatically details of the movement
  , speed and weight
  of such vehicles and of certain work periods of their drivers

  in relation to the different periods of time being part of the driver's daily working period, and of data referred to in Article 30 of this Regulation
  ; [Ams 13+147+148]

| (b) | ‘vehicle unit’ means the recording equipment

  tachograph
  excluding the motion sensor and the cables connecting the motion sensor. The vehicle unit may be a single unit or several units distributed in the vehicle, provided that it complies with the security requirements of this Regulation.
  The vehicle unit includes a processing unit, a data memory, a real time clock, two smart card interface devices (driver and co-driver), a printer, a display, a visual warning, a calibration/downloading connector, and facilities for entry of user's inputs
  ; [Am. 14] |
| --- | --- |

(b)

‘vehicle unit’ means the recording equipment

  tachograph
  excluding the motion sensor and the cables connecting the motion sensor. The vehicle unit may be a single unit or several units distributed in the vehicle, provided that it complies with the security requirements of this Regulation.
  The vehicle unit includes a processing unit, a data memory, a real time clock, two smart card interface devices (driver and co-driver), a printer, a display, a visual warning, a calibration/downloading connector, and facilities for entry of user's inputs
  ; [Am. 14]

| (c) | ‘motion sensor’ means a part of the recording equipment

  tachograph
  , that provides a signal representative of vehicle speed and/or distance travelled; |
| --- | --- |

(c)

‘motion sensor’ means a part of the recording equipment

  tachograph
  , that provides a signal representative of vehicle speed and/or distance travelled;

| (ca) | 'weight sensor' means a part of the digital tachograph that provides information on the weight of the vehicle, therefore recording data on loading and unloading of the vehicle; [Am. 149] |
| --- | --- |

(ca)

'weight sensor' means a part of the digital tachograph that provides information on the weight of the vehicle, therefore recording data on loading and unloading of the vehicle; [Am. 149]

| (d) | ‘tachograph card’ means a smart card intended for use with the recording equipment

  tachograph
  which allows for identification by the recording equipment

  tachograph
  of the role of the cardholder,

  and his access rights to data
  and for data transfer and storage; [Am. 15] |
| --- | --- |

(d)

‘tachograph card’ means a smart card intended for use with the recording equipment

  tachograph
  which allows for identification by the recording equipment

  tachograph
  of the role of the cardholder,

  and his access rights to data
  and for data transfer and storage; [Am. 15]

| (e) | ‘record sheet’ means a sheet designed to accept and retain recorded data, to be placed in the recording equipment referred to in Annex I

  analogue tachograph
  and on which the marking devices of the latter inscribe a continuous record of the information to be recorded; [Am. 16, this amendment 'analogue tachograph' applies throughout the text] |
| --- | --- |

(e)

‘record sheet’ means a sheet designed to accept and retain recorded data, to be placed in the recording equipment referred to in Annex I

  analogue tachograph
  and on which the marking devices of the latter inscribe a continuous record of the information to be recorded; [Am. 16, this amendment 'analogue tachograph' applies throughout the text]

| (f) | ‘driver card’ means a tachograph card issued by the authorities of a Member State to a particular driver which identifies the driver and allows for storage of driver activity data; |
| --- | --- |

(f)

‘driver card’ means a tachograph card issued by the authorities of a Member State to a particular driver which identifies the driver and allows for storage of driver activity data;

| (fa) | 'analogue tachograph' means a tachograph using a record sheet in accordance with this Regulation; [Am. 17] |
| --- | --- |

(fa)

'analogue tachograph' means a tachograph using a record sheet in accordance with this Regulation; [Am. 17]

| (fb) | 'digital tachograph' means a tachograph using a tachograph card in accordance with this Regulation; [Am. 18] |
| --- | --- |

(fb)

'digital tachograph' means a tachograph using a tachograph card in accordance with this Regulation; [Am. 18]

| (g) | ‘control card’ means a tachograph card issued by the authorities of a Member State to a national competent control authority which identifies the control body and optionally the control officer and allows access to the data stored in the data memory or

  ,
  in the driver cards
  and in the workshop cards
  for reading, printing and/or downloading; [Am. 19] |
| --- | --- |

(g)

‘control card’ means a tachograph card issued by the authorities of a Member State to a national competent control authority which identifies the control body and optionally the control officer and allows access to the data stored in the data memory or

  ,
  in the driver cards
  and in the workshop cards
  for reading, printing and/or downloading; [Am. 19]

| (h) | ‘company card’ means a tachograph card which is issued by the authorities of a Member State to the owner or holder of vehicles fitted with recording equipment

  a tachograph and
  which identifies the owner or holder and allows for the displaying, downloading and printing of the data stored in the recording equipment

  a tachograph
  which has been locked by that owner or holder; |
| --- | --- |

(h)

‘company card’ means a tachograph card which is issued by the authorities of a Member State to the owner or holder of vehicles fitted with recording equipment

  a tachograph and
  which identifies the owner or holder and allows for the displaying, downloading and printing of the data stored in the recording equipment

  a tachograph
  which has been locked by that owner or holder;

| (i) | ‘workshop card’ means a tachograph card issued by the authorities of a Member State to a recording equipment

  designated staff of a tachograph
  manufacturer, a fitter, a vehicle manufacturer or a workshop approved by that Member State which identifies the cardholder and allows for the testing and calibration of and/or downloading from the recording equipment

  tachographs
  ; [Am. 20] |
| --- | --- |

(i)

‘workshop card’ means a tachograph card issued by the authorities of a Member State to a recording equipment

  designated staff of a tachograph
  manufacturer, a fitter, a vehicle manufacturer or a workshop approved by that Member State which identifies the cardholder and allows for the testing and calibration of and/or downloading from the recording equipment

  tachographs
  ; [Am. 20]

| (j) | ‘daily work

  working
  period’ means the period comprising the driving time, all other periods of work, the periods of availability, breaks in work and periods of rest not exceeding nine hours

  which commences at the time when the driver activates the tachograph following a weekly or daily rest period, or, if the daily rest is divided into separate periods, following a rest period of at least nine hours' duration. It ends at the beginning of a daily rest period or, if the daily rest is divided into separate rest periods, at the beginning of a rest period extending over a minimum of nine consecutive hours
  ; [Am. 21] |
| --- | --- |

(j)

‘daily work

  working
  period’ means the period comprising the driving time, all other periods of work, the periods of availability, breaks in work and periods of rest not exceeding nine hours

  which commences at the time when the driver activates the tachograph following a weekly or daily rest period, or, if the daily rest is divided into separate periods, following a rest period of at least nine hours' duration. It ends at the beginning of a daily rest period or, if the daily rest is divided into separate rest periods, at the beginning of a rest period extending over a minimum of nine consecutive hours
  ; [Am. 21]

| (ja) | ‘activation’ means the phase where the tachograph becomes fully operational and implements all functions, including security functions; activating a tachograph requires the use of a workshop card; [Am. 22] |
| --- | --- |

(ja)

‘activation’ means the phase where the tachograph becomes fully operational and implements all functions, including security functions; activating a tachograph requires the use of a workshop card; [Am. 22]

| (jb) | ‘authentication’ means a function intended to establish and verify a claimed identity; [Am. 23] |
| --- | --- |

(jb)

‘authentication’ means a function intended to establish and verify a claimed identity; [Am. 23]

| (jc) | ‘authenticity’ means the property that an information is coming from a party whose identity can be verified; [Am. 24] |
| --- | --- |

(jc)

‘authenticity’ means the property that an information is coming from a party whose identity can be verified; [Am. 24]

| (jd) | ‘calibration’ means updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification and vehicle characteristics. Calibrating a tachograph requires the use of a workshop card; [Am. 25] |
| --- | --- |

(jd)

‘calibration’ means updating or confirming vehicle parameters to be held in the data memory. Vehicle parameters include vehicle identification and vehicle characteristics. Calibrating a tachograph requires the use of a workshop card; [Am. 25]

| (je) | ‘downloading’ means copying, together with the digital signature, of a part, or of a complete set of data files stored in the data memory of the vehicle or in the memory of the tachograph card, for which these data are necessary to establish compliance with the provisions set out in Regulation (EC) No 561/2006; [Am. 26] |
| --- | --- |

(je)

‘downloading’ means copying, together with the digital signature, of a part, or of a complete set of data files stored in the data memory of the vehicle or in the memory of the tachograph card, for which these data are necessary to establish compliance with the provisions set out in Regulation (EC) No 561/2006; [Am. 26]

| (jf) | ‘event’ means an operation detected by the tachograph which may come from a fraud attempt; [Am. 27] |
| --- | --- |

(jf)

‘event’ means an operation detected by the tachograph which may come from a fraud attempt; [Am. 27]

| (jg) | ‘fault’ means an abnormal operation detected by the tachograph which may come from an equipment malfunction or failure; [Am. 28] |
| --- | --- |

(jg)

‘fault’ means an abnormal operation detected by the tachograph which may come from an equipment malfunction or failure; [Am. 28]

| (jh) | ‘installation’ means mounting of the tachograph in a vehicle; [Am. 29] |
| --- | --- |

(jh)

‘installation’ means mounting of the tachograph in a vehicle; [Am. 29]

| (ji) | ‘non valid card’ means a card detected as faulty, or which initial authentication failed, or which start of validity date is not yet reached, or which expiry date has passed; [Am. 30] |
| --- | --- |

(ji)

‘non valid card’ means a card detected as faulty, or which initial authentication failed, or which start of validity date is not yet reached, or which expiry date has passed; [Am. 30]

| (jj) | ‘periodic inspection’ means a set of operations performed to control that the tachograph works properly and that its settings correspond to the vehicle parameters; [Am. 31] |
| --- | --- |

(jj)

‘periodic inspection’ means a set of operations performed to control that the tachograph works properly and that its settings correspond to the vehicle parameters; [Am. 31]

| (jk) | ‘printer’ means a component of the tachograph which provides printouts of stored data; [Am. 32] |
| --- | --- |

(jk)

‘printer’ means a component of the tachograph which provides printouts of stored data; [Am. 32]

| (jl) | ‘repair’ means any repair of a motion sensor or of a vehicle unit that requires disconnection of its power supply, or disconnection from other tachograph components, or opening of it; [Am. 33] |
| --- | --- |

(jl)

‘repair’ means any repair of a motion sensor or of a vehicle unit that requires disconnection of its power supply, or disconnection from other tachograph components, or opening of it; [Am. 33]

| (jm) | ‘type approval’ means a process to certify, by a Member State, that the tachograph (or component), software or the tachograph card under investigation fulfils the requirements of this Regulation; [Am. 34] |
| --- | --- |

(jm)

‘type approval’ means a process to certify, by a Member State, that the tachograph (or component), software or the tachograph card under investigation fulfils the requirements of this Regulation; [Am. 34]

| (jn) | ‘vehicle identification’ means the numbers identifying the vehicle: vehicle registration number (VRN) with indication of the registering Member State and vehicle identification number (VIN); [Am. 35] |
| --- | --- |

(jn)

‘vehicle identification’ means the numbers identifying the vehicle: vehicle registration number (VRN) with indication of the registering Member State and vehicle identification number (VIN); [Am. 35]

| (jo) | ‘interoperability’ means the capacity of systems and the underlying business processes to exchange data and to share information and knowledge; [Am. 36] |
| --- | --- |

(jo)

‘interoperability’ means the capacity of systems and the underlying business processes to exchange data and to share information and knowledge; [Am. 36]

| (jp) | ‘interface’ means a facility between systems which provides the media through which they can connect and interact. [Am. 37] |
| --- | --- |

(jp)

‘interface’ means a facility between systems which provides the media through which they can connect and interact. [Am. 37]

Article 3

Scope

1.   Recording equipment

  Tachographs
  shall be installed and used in vehicles registered in a Member State which are used for the carriage of passengers or goods by road falling within the scope of Regulation (EC) No 561/2006.

2.   Member States may exempt the vehicles mentioned in Articles 13(1) and 13(3) of Regulation (EC) No 561/2006 from the application of this Regulation.

3.   Member States may, after authorisation by the Commission, exempt from the application of this Regulation vehicles used for the transport operations referred to in Article 14(1) of Regulation (EC) No 561/2006.

Member States may exempt from application of this Regulation vehicles used for the transport operations referred to in Article 14(2) of Regulation (EC) No 561/2006; they shall immediately notify the Commission thereof.

3a.
     
  By 2020 all vehicles which are not exempted from the application of this Regulation in accordance with paragraphs 2 and 3 shall be fitted with a smart tachograph within the meaning of this Regulation. [Am. 38]

4.   In the case of national transport operations, Member States may require the installation and use of recording equipment

  tachographs
  in accordance with this Regulation in any of the vehicles for which installation and use of tachographs are not required by paragraph 1.

Article 3a

Essential requirements

1.
     
  Tachographs, tachograph cards and record sheets shall be subject to stringent technical, functional and other requirements so as to ensure that they fulfil the essential requirements set out in paragraph 2 and that they achieve the objectives of this Regulation.

2.
     
  To allow for compliance with the applicable social legislation to be efficiently controlled the tachograph shall comply with the following essential requirements. It shall to this effect:

| (a) | record accurate and reliable data related to the driver activity and the vehicle; |
| --- | --- |

(a)

record accurate and reliable data related to the driver activity and the vehicle;

| (b) | be secure, in order to guarantee the integrity and the origin of the source of data recorded by and retrieved from vehicle units, motion sensors and tachograph cards; |
| --- | --- |

(b)

be secure, in order to guarantee the integrity and the origin of the source of data recorded by and retrieved from vehicle units, motion sensors and tachograph cards;

| (c) | be interoperable; |
| --- | --- |

(c)

be interoperable;

| (d) | be user friendly. |
| --- | --- |

(d)

be user friendly.

3.
     
  Tachographs shall be designed and used in such a way as to ensure privacy and the protection of personal data.

4.
     
  Tachographs shall be positioned in the vehicle in such a way that they are fully reachable and readable from the driver's normal sitting position, allow the driver whilst driving to access and operate safely the necessary functions from a seated position and do not divert the driver's attention from the road.

5.
     
  Downloading of data shall be performed with the minimum delay to transport undertakings or drivers.

6.
     
  Downloading of data may not result in data being altered or deleted. The downloading of the detailed speed file may not be necessary to ensure compliance with Regulation (EC) No 561/2006, but may nonetheless be performed and used for other purposes, such as accident investigation. [Am. 39]

Article 3b

Functions of the tachograph

The tachograph shall ensure the following functions:

| (1) | monitoring cards, insertions and withdrawals, |
| --- | --- |

(1)

monitoring cards, insertions and withdrawals,

| (2) | speed and distance measurement, |
| --- | --- |

(2)

speed and distance measurement,

| (3) | time measurement, |
| --- | --- |

(3)

time measurement,

| (4) | monitoring driver activities, |
| --- | --- |

(4)

monitoring driver activities,

| (5) | monitoring driving status, |
| --- | --- |

(5)

monitoring driving status,

| (6) | drivers' manual entries, |
| --- | --- |

(6)

drivers' manual entries,

| (7) | entry of places where daily work periods begin and/or end, |
| --- | --- |

(7)

entry of places where daily work periods begin and/or end,

| (8) | manual entry of driver activities, |
| --- | --- |

(8)

manual entry of driver activities,

| (9) | entry of specific conditions, |
| --- | --- |

(9)

entry of specific conditions,

| (10) | company locks management, |
| --- | --- |

(10)

company locks management,

| (11) | monitoring control activities, |
| --- | --- |

(11)

monitoring control activities,

| (12) | detection of events and/or faults, |
| --- | --- |

(12)

detection of events and/or faults,

| (13) | built-in and self tests, |
| --- | --- |

(13)

built-in and self tests,

| (14) | reading from data memory, |
| --- | --- |

(14)

reading from data memory,

| (15) | recording and storing in data memory, |
| --- | --- |

(15)

recording and storing in data memory,

| (16) | reading from tachograph cards, |
| --- | --- |

(16)

reading from tachograph cards,

| (17) | recording and storing in tachograph cards, |
| --- | --- |

(17)

recording and storing in tachograph cards,

| (18) | displaying, |
| --- | --- |

(18)

displaying,

| (19) | printing, |
| --- | --- |

(19)

printing,

| (20) | warning, |
| --- | --- |

(20)

warning,

| (21) | data downloading to external media, |
| --- | --- |

(21)

data downloading to external media,

| (22) | output data to additional external devices, |
| --- | --- |

(22)

output data to additional external devices,

| (23) | calibration, |
| --- | --- |

(23)

calibration,

| (24) | time adjustment, |
| --- | --- |

(24)

time adjustment,

| (25) | indication of remaining driving time, |
| --- | --- |

(25)

indication of remaining driving time,

| (26) | indication of rest time taken. [Am. 40] |
| --- | --- |

(26)

indication of rest time taken. [Am. 40]

Article 3c

Data to be recorded

1.
     
  The digital tachograph shall record the following data:

| (a) | distance travelled, and speed of the vehicle; |
| --- | --- |

(a)

distance travelled, and speed of the vehicle;

| (b) | time measurement; |
| --- | --- |

(b)

time measurement;

| (c) | position of starting and ending of the driver's daily working period and of each transport operation; |
| --- | --- |

(c)

position of starting and ending of the driver's daily working period and of each transport operation;

| (d) | identity of the driver; |
| --- | --- |

(d)

identity of the driver;

| (e) | activity of the driver; |
| --- | --- |

(e)

activity of the driver;

| (f) | calibration data, including the identity of the workshop; |
| --- | --- |

(f)

calibration data, including the identity of the workshop;

| (g) | events and faults. |
| --- | --- |

(g)

events and faults.

2.
     
  The analogue tachograph shall record at least the data referred to in paragraph 1 (a), (b) and (e).

3.
     
  Access to the data stored in the tachograph may be granted at all times to:

| (a) | the competent control authorities for control checks, and, |
| --- | --- |

(a)

the competent control authorities for control checks, and,

| (b) | the relevant transport undertaking so that it can comply with its legal obligations, in particular as set out in Articles 28 and 29. |
| --- | --- |

(b)

the relevant transport undertaking so that it can comply with its legal obligations, in particular as set out in Articles 28 and 29.

Access to data containing personal data shall only be granted after the appropriate authorisation in accordance with data protection legislation has been granted. [Am. 41]

Article 3d

Display

1.
     
  The tachograph shall be able to display:

| (a) | default data, |
| --- | --- |

(a)

default data,

| (b) | data related to warnings, |
| --- | --- |

(b)

data related to warnings,

| (c) | data related to menu access, |
| --- | --- |

(c)

data related to menu access,

| (d) | other data requested by the user in accordance with paragraph 1 of Article 3c, |
| --- | --- |

(d)

other data requested by the user in accordance with paragraph 1 of Article 3c,

| (e) | information related to the driver:








  — | if his current activity is "DRIVING", his current continuous driving time and his current cumulative break time, |
| --- | --- | --- |

(e)

information related to the driver:

—

if his current activity is "DRIVING", his current continuous driving time and his current cumulative break time,

| — | if his current activity is "NOT DRIVING", the current duration of this activity (since it was selected) and his current cumulative break time. |
| --- | --- |

—

if his current activity is "NOT DRIVING", the current duration of this activity (since it was selected) and his current cumulative break time.

2.
     
  Additional information may be displayed by the tachograph, provided that it is clearly distinguishable from the information required above.

3.
     
  When no other information needs to be displayed, the tachograph shall display, by default, the following:

| — | time, |
| --- | --- |

—

time,

| — | mode of operation, |
| --- | --- |

—

mode of operation,

| — | current activity of the driver and the current activity of the co-driver. |
| --- | --- |

—

current activity of the driver and the current activity of the co-driver.

The display of data related to each driver shall be clear, plain and unambiguous. In the event that the information related to the driver and the co-driver cannot be displayed at the same time, the tachograph shall display by default the information related to the driver and shall allow the user to display the information related to the co-driver.

4.
     
  The tachograph shall display warning information in accordance with Article 3d. A literal description of the warning may also be added in the driver's preferred language. [Am. 42]

Article 3e

Warnings

1.
     
  The tachograph shall warn the driver when detecting any event and/or fault. The tachograph shall warn the driver 15 minutes before and at the time of exceeding the maximum allowed continuous driving time.

2.
     
  Warnings shall be visual. Visual warnings shall be clearly recognisable by the user, shall be displayed in the driver's field of vision and shall be clearly legible both by day and by night. Audible warnings may also be provided in addition to visual warnings.

3.
     
  Warnings shall have a duration of at least 30 seconds, unless acknowledged by the user by pushing any key of the tachograph.

4.
     
  The warning cause shall be displayed on the tachograph and remain visible until acknowledged by the user using a specific key or command of the tachograph. Additional warnings may be provided, as long as they do not confuse drivers compared to previously defined ones. [Am. 43]

Article 3f

Data protection and privacy

1.
     
  The processing of personal data in the context of this Regulation shall be carried out in accordance with Directive 95/46/EC and Directive 2002/58/EC and under the supervision of the public independent authority of the relevant Member State referred to in Article 28 of Directive 95/46/EC.

2.
     
  Only data strictly necessary for the purpose of the processing shall be processed.

3.
     
  The specifications referred to in this Regulation shall ensure the confidentiality of the personal data recorded, processed and stored by the tachograph, data integrity and prevent fraud and unlawful manipulation of this data.

Appropriate security measures shall be adopted to guarantee that personal data is protected in particular in relation to:

| — | the use of a global navigation satellite system (GNSS) for the recording of location data as referred to in Article 4, |
| --- | --- |

—

the use of a global navigation satellite system (GNSS) for the recording of location data as referred to in Article 4,

| — | the use of remote communication for control purposes as referred to in Article 5, |
| --- | --- |

—

the use of remote communication for control purposes as referred to in Article 5,

| — | the use of tachographs with a harmonised interface as referred to in Article 6, |
| --- | --- |

—

the use of tachographs with a harmonised interface as referred to in Article 6,

| — | the electronic exchange of information on driver cards as referred to in Article 26, |
| --- | --- |

—

the electronic exchange of information on driver cards as referred to in Article 26,

| — | the keeping of records by transport undertakings as referred to in Article 29. |
| --- | --- |

—

the keeping of records by transport undertakings as referred to in Article 29.

4.
     
  The owners of vehicles and/or transport undertakings shall comply with the relevant provisions on the protection of personal data.

5.
     
  In order to promote good data protection practices, the European Data Protection Supervisor and the Article 29 Working Party of Data Protection Authorities shall be part of the Tachograph Forum foreseen in Article 41 of this Regulation.

6.
     
  Any cross-border exchanges of data with third country authorities in the context of the application of this Regulation shall require the existence of appropriate data protection safeguards to ensure that an adequate level of protection is guaranteed, in compliance with Articles 25 and 26 of Directive 95/46/EC. [Am. 44]

Article 3g

Specifications

1.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 39 to adopt the detailed specifications necessary to amend and supplement the Annexes to this Regulation to ensure that the tachograph, the tachograph cards and software used by control officers for the analysis and interpretation of data stored in the tachograph comply with the principles and requirements set out in this Regulation, in particular in Chapters I and II.

2.
     
  The Commission shall adopt the detailed specifications referred to in paragraph 1 by ... (15).

3.
     
  Where relevant, and depending on the area covered by the specification, the specification may include one or more of the following types of provisions:

| (a) | functional provisions that describe the roles of the various users and the information flow between them; |
| --- | --- |

(a)

functional provisions that describe the roles of the various users and the information flow between them;

| (b) | technical provisions that provide for the technical means to fulfil the functional provisions and requirements set down in this Regulation; |
| --- | --- |

(b)

technical provisions that provide for the technical means to fulfil the functional provisions and requirements set down in this Regulation;

| (c) | organisational provisions that describe the procedural obligations of the various stakeholders; |
| --- | --- |

(c)

organisational provisions that describe the procedural obligations of the various stakeholders;

| (d) | service provisions that describe the various levels of services and their content. |
| --- | --- |

(d)

service provisions that describe the various levels of services and their content.

4.
     
  The specifications shall, where appropriate, be based on standards and shall guarantee the interoperability and compatibility between the various versions and generations of vehicle units, tachograph cards and equipment of enforcement authorities.

5.
     
  In relation to the performance of the functions of the smart tachograph referred to in Chapter II, the specifications shall include the necessary requirements to guarantee the accuracy and reliability of data provided by the use of external devices connected to the tachograph.

6.
     
  Any data that can be transmitted or collected in or out of the tachograph whether wirelessly or electronically, whether forming part of a legal requirement or not, shall be in the form of publicly available protocols.

7.
     
  The Commission shall conduct an impact assessment including a cost-benefit analysis prior to the adoption of the specifications referred to in Chapter II. [Am. 45]

CHAPTER II

Smart recording equipment

  tachographs

Article 4

Recording of location data

1.
     Location data shall be recorded to allow the identification of the starting and ending place of the daily work period.

  In order to facilitate verification of compliance with the relevant legislation, the position of the starting and ending place of the daily working period and of each transport operation shall be recorded automatically. For that purpose, vehicles put into service for the first time 48 months

  24 months
  after the entry into force of this Regulation

  the specifications referred to in this Article and in Article 3g
  shall be fitted with a
  tachograph
  connected to a GNSS. [Am. 46]

1a.
     
  As regards the connection of the tachograph to a GNSS, as referred to in paragraph 1, use shall be made only of satellite positioning service connections that exploit a positioning service free of charge. No location data other than those expressed, wherever possible, in geographical coordinates for determining the starting and ending place referred to in paragraph 1 shall be stored in the tachograph. [Am. 47]

2.
     The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementing of Annex IB with

  development of
  the detailed technical specifications necessary to enable the processing of the location data received from the GNSS by the recording equipment

  tachograph as set out in this Article.

In particular, the specifications shall comply with the following conditions:

| — | they shall be based on the use of a free of charge GNSS service; |
| --- | --- |

—

they shall be based on the use of a free of charge GNSS service;

| — | only the location data strictly needed to cross check the information recorded by the tachograph by control authorities shall be automatically and compulsorily recorded; |
| --- | --- |

—

only the location data strictly needed to cross check the information recorded by the tachograph by control authorities shall be automatically and compulsorily recorded;

| — | a data protection impact assessment shall be carried out and made publicly available before the adoption of the delegated acts referred to in this Article; |
| --- | --- |

—

a data protection impact assessment shall be carried out and made publicly available before the adoption of the delegated acts referred to in this Article;

| — | the use of authenticated signals shall not be compulsory as far as they cannot be obtained free of charge. |
| --- | --- |

—

the use of authenticated signals shall not be compulsory as far as they cannot be obtained free of charge.

The specifications shall establish the type of events that may trigger an automatic record of position and the situation for which a manual record should remain possible. The specifications shall specify the different conditions and requirements for the GNSS receiver to be both outside or embedded in the tachograph, and when outside how to correlate GNSS with other vehicle motion data. [Am. 48]

2a.
     
  Any other use of the location data recorded by the tachograph shall be voluntary for transport undertakings and shall comply with the legal framework in the Union on data protection. [Am. 49]

Article 5

Remote communication for control purposes


  early detection of possible manipulation or misuse
  [Am. 50]

1.   In order to facilitate targeted roadside checks by the competent control authorities, the recording equipment

  tachograph
  installed in vehicles put into service

  registered
  for the first time 48 months

  24 months
  after the entry into force of the this Regulation

  specifications as referred to in this Article and Article 3g
  shall be able to communicate
  data to those authorities
  while the vehicle is in motion to those authorities. [Am. 51]

1a.
     
  Member States shall equip their control authorities with the remote early detection equipment necessary to permit the data communication referred to in this Article. [Am. 52]

2.   
  The
  communication
  of data referred to in paragraph 1
  shall be established with the recording equipment

  tachograph
  only when so requested by the equipment of the control authorities. It shall be secured to ensure data integrity and authentication of the tachograph and control equipment.
  The access to the data communicated shall be restricted to enforcers authorised to control infringements of this Regulation and Regulation (EC) No 561/2006 and to workshops insofar as it is necessary to verify the correct functioning of the tachograph. [Am. 53]

3.   The data exchanged during communication shall be limited to the data necessary for the purpose of targeted roadside checks.
  Such data shall relate to the following events or data recorded by the tachograph:

| — | The latest security breach attempt |
| --- | --- |

—

The latest security breach attempt

| — | The longest power supply interruption |
| --- | --- |

—

The longest power supply interruption

| — | Sensor fault |
| --- | --- |

—

Sensor fault

| — | Motion data error |
| --- | --- |

—

Motion data error

| — | Vehicle motion conflict |
| --- | --- |

—

Vehicle motion conflict

| — | Driving without a valid card |
| --- | --- |

—

Driving without a valid card

| — | Card insertion while driving |
| --- | --- |

—

Card insertion while driving

| — | Time adjustment data |
| --- | --- |

—

Time adjustment data

| — | Calibration data including the dates of the two latest calibrations |
| --- | --- |

—

Calibration data including the dates of the two latest calibrations

| — | Vehicle Registration Number |
| --- | --- |

—

Vehicle Registration Number

Data concerning the identity
  and nationality
  of the driver, driver activities and speed shall not be communicated. [Am. 54]

4.   The data exchanged shall be used for the sole purpose of controlling compliance with this Regulation and Regulation (EC) No 561/2006. It shall not be transmitted to entities other than control authorities
  or judicial bodies, in the framework of an ongoing judicial procedure
  . [Am. 55]

5.   The data may only be stored by the control authorities for the duration of a roadside check, and shall be deleted at the latest two hours after this has concluded

  their communication unless the data indicate a possible manipulation or misuse of the tachograph. If in the course of the subsequent roadside check the manipulation or misuse is not confirmed, the data transmitted shall be deleted. Data related to vehicle identification or to a technical parameter not containing any personal data can be used by control authorities for statistical purposes
  . [Am. 56]

6.   The owner or holder of

  The transport undertaking which operates
  the vehicle shall be responsible for informing the driver of the possibility of remote communication. [Am. 57]

7.   
  In no case shall a remote control communication of the type described in this Article lead to automatic fines or penalties for the driver or undertaking.
  The competent control authority, on the basis of the data exchanged, may decide to carry out a check on the vehicle and the recording equipment

  tachograph
  .
  The result of the remote communication shall not prevent control authorities from carrying out random roadside checks based on the risk rating system introduced by Article 9 of Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities (16). [Am. 58]

8.   The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementing of Annex IB with

  development of
  the detailed technical specifications necessary to enable remote communication between the recording equipment

  tachograph
  and the competent control authorities as set out in this Article.
  The Commission may also extend the time limit referred to in paragraph 1 if it can show at the end of that period that no suitable equipment meeting the required specifications is yet available. [Ams 59+122]

Article 6

Intelligent Transport Systems (ITS)

1.   The recording equipment referred to in Annex IB

  digital tachograph
  shall be interoperable with the ITS applications as defined in Article 4 of Directive 2010/40/EU of the European Parliament and of the Council of 7 July 2010 on the framework for the deployment of Intelligent Transport Systems in the field of road transport and for interfaces with other modes of transport (17).

1a.
     
  Only data recorded by the tachograph that are strictly necessary for processing in an ITS application may be accessible.

Data recorded by the tachograph may be transmitted to ITS applications provided that the following conditions are met:

| (a) | the interface does not affect the authenticity and the integrity of the data of the tachograph; |
| --- | --- |

(a)

the interface does not affect the authenticity and the integrity of the data of the tachograph;

| (b) | the external device connected to the interface has access to personal data, including geopositioning data, only after the verifiable consent of the driver to which the data relates. [Am. 60] |
| --- | --- |

(b)

the external device connected to the interface has access to personal data, including geopositioning data, only after the verifiable consent of the driver to which the data relates. [Am. 60]

2.   For the purpose of paragraph 1, vehicles put into service for the first time [48 months

  24 months
  after the entry into force of this Regulation]

  the technical specifications referred to in this Article
  shall be fitted with recording equipment

  a tachograph
  equipped with a harmonised interface allowing the data recorded or produced to be used for an ITS application. [Am. 61]

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 39 concerning the supplementing

  development
  of Annex IB with the specifications of the
  harmonised
  interface, access rights and the list of data which may be accessed.

The Commission may also extend the time limit referred to in paragraph 1 if it can show at the end of that period that no suitable equipment meeting the required specifications is yet available.

Priority shall be given to the development of a harmonised ITS application which enables drivers to interpret the data recorded in the tachograph in order to help them comply with social legislation. [Ams 62+123]

CHAPTER III

Type approval

Article 7

Applications

1.   Manufacturers or their agents shall submit an application for EU approval of a type of vehicle unit,
  weight sensor,
  motion sensor, model record sheet, tachograph card
  or software used by the competent control authorities to interpret data,
  to the type approval authorities designated to that effect by each Member State
  and whose certification conditions are recognised by the management committee of the Senior Official Group on Information Security (SOG-IS) within the framework of the European mutual recognition agreement. The Commission shall consult the management committee of the SOG-IS agreement before any decision is made to recognise a certification body from a third country
  . [Ams 63+150]

2.   Member States shall communicate to the Commission
  at the latest three months after ... (18)

  the name and contact details of the authorities designated according to paragraph 1. The Commission shall publish the list of designated type approval authorities on its website. [Am. 64]

2a.
     
  Type approval of tachographs and of tachograph cards shall include security related tests, functional tests and interoperability tests. Positive results for each of these tests shall be stated on an appropriate certificate. [Am. 65]

3.   An application for type approval shall be accompanied by the appropriate specifications and by the

  security, functional and interoperability
  certificates referred to in Section VIII of Annex IB. The Commission shall appoint the independent evaluators who will deliver the security certificate.
  It shall also provide information on how the elements of the tachograph are to be sealed. [Am. 66]

3a.
     
  The security certificate stating compliance with security targets shall be delivered in accordance with the provisions of this Regulation. The security certificate shall be issued by a certification body recognised by the Commission.

A functional certificate shall be delivered to the manufacturer only after all functional tests specified in accordance with this Regulation, certifying that the item tested fulfils the appropriate requirements in terms of functions performed, measurement accuracy and environmental characteristics, have been successfully passed. The type approval authority shall deliver the functional certificate.

An interoperability certificate shall be delivered by a single laboratory under the authority and responsibility of the Commission. The interoperability tests, certifying that the tachographs or tachograph card are fully interoperable with the necessary tachographs or tachograph card models, shall be carried out in accordance with this Regulation. No interoperability tests shall be carried out by the laboratory for tachograph or tachograph cards that have not been granted a security certificate and a functionality certificate, except in the exceptional circumstances described in this Regulation. [Am. 67]

3b.
     
  Any modification in software or hardware of the tachograph or in the nature of materials used for its manufacture shall, before being used, be notified to the authority which granted type-approval for the equipment. This authority shall confirm to the manufacturer the extension of the type approval, or may require an update or a confirmation of the relevant functional, security and/or interoperability certificates. [Am. 68]

4.   An application in respect of any one type of vehicle unit, motion sensor, model record sheet or tachograph card may only be submitted to one Member State.

Article 8

Granting of type approval

A Member State shall grant EU component type approval to any type of vehicle unit, motion sensor, model record sheet or

  ,
  tachograph card
  or software for the interpretation of data stored by the tachograph by control authorities
  which complies with the requirements laid down in Annexes I or IB

  set out in the specifications referred to in this Regulation
  , provided that the Member State is in a position to check that production models conform to the approved type. [Am. 69]

Any modifications or additions to an approved model must receive additional EU type approval from the Member State which granted the original EU type approval.

Article 9

Type approval mark

Member States shall issue to the applicant an EU type approval mark conforming to the model in Annex II, for each type of vehicle unit, motion sensor, model record sheet or tachograph card which they approve pursuant to Article 8.

Article 10

Approval or refusal

The competent authorities of the Member State to which the application for type approval has been submitted shall, in respect of each type of vehicle unit, motion sensor, model record sheet or
  , tachograph card
  or software for the interpretation of data stored by the tachograph by control authorities, which they approve, send within one month a copy of the approval certificate accompanied by copies of the relevant specifications,
  including information about the seals
  , to the authorities of the other Member States. [Am. 70]

When the competent authorities do not approve the application for type approval, they shall notify the authorities of the other Member States that approval has been refused and shall communicate the reasons for their decision.

Article 11

Compliance of equipment with type approval

1.   If a Member State which has granted EU type-approval as provided for in Article 8 finds that any vehicle units, motion sensors, record sheets or tachograph cards bearing the EU type-approval mark issued by it do not conform to the prototype which it has approved, it shall take the necessary measures to ensure that production models conform to the approved prototype. The measures taken may, if necessary, extend to withdrawal of EU type approval.

2.   A Member State which has granted EU type approval shall withdraw such approval if the vehicle unit, motion sensor, record sheet or tachograph card which has been approved is not in conformity with this Regulation or displays any general defect during use which makes it unsuitable for the purpose for which it is intended.

3.   If a Member State which has granted EU type approval is notified by another Member State of one of the cases referred to in paragraphs 1 and 2, it shall, after consulting the latter Member State, take the steps laid down in those paragraphs, subject to paragraph 5.

4.   A Member State which ascertains that one of the cases referred to in paragraph 2 has arisen, may forbid until further notice the placing on the market and putting into service of the vehicle unit, motion sensor, record sheets or tachograph cards. The same applies in the cases mentioned in paragraph 1 with respect to vehicle units, motion sensors, record sheets or tachograph cards which have been exempted from EU initial verification, if the manufacturer, after due warning, does not bring the equipment into line with the approved model or with the requirements of this Regulation.

In any event, the competent authorities of the Member States shall notify one another and the Commission, within one month, of any withdrawal of EU type approval or of any other measures taken pursuant to paragraphs 1, 2 and 3 and shall specify the reasons for such action.

5.   If a Member State which has granted an EU type approval disputes the existence of any of the cases specified in paragraphs 1 or 2 notified to it, the Member States concerned shall endeavour to settle the dispute and the Commission shall be kept informed.

If talks between the Member States have not resulted in agreement within four months of the date of the notification referred to in paragraph 3, the Commission, after consulting experts from all Member States and having considered all the relevant factors, such as economic and technical factors, shall within six months of the expiry of that four month period adopt a decision which shall be notified to the Member States concerned and communicated at the same time to the other Member States. The Commission shall in each case lay down the time limit for implementation of its decision.

Article 12

Approval of record sheets

1.   An applicant for EU type approval of a model record sheet shall state on the application the type or types of recording equipment referred to in Annex I

  analogue tachographs
  on which the sheet in question is designed to be used and shall provide suitable equipment of such type or types for the purpose of testing the sheet.

2.   The competent authorities of each Member State shall indicate on the approval certificate for the model record sheet the type or types of recording equipment referred to in Annex I

  analogue tachographs
  for which that model sheet may be used.

Article 13

Justification of refusal decisions

All decisions pursuant to this Regulation refusing or withdrawing approval of a type of vehicle unit, motion sensor, model record sheet or tachograph card shall specify in detail the reasons on which they are based. A decision shall be communicated to the party concerned, who shall at the same time be informed of the remedies available to him under the laws of the Member States and of the time limits for the exercise of such remedies.

Article 14

Recognition of type-approved recording equipment


  tachographs

No Member State may refuse to register vehicles fitted with recording equipment

  tachographs
  , or prohibit the entry into service or use of such vehicle for any reason connected with the fact that the vehicle is fitted with such equipment, if the equipment bears the EU type approval mark referred to in Article 9 and the installation plaque referred to in Article 17(4).

Article 15

Security

1.   Manufacturers shall design, test and review vehicle units, motion sensors
  , weight sensors
  and tachograph cards put into production so as to detect vulnerabilities arising at all phases of the product life-cycle, and prevent or mitigate their possible exploitation.
  The frequency of tests shall be established by the Member State which granted the approval certificate, within a limit which shall not exceed two years. [Ams 71+151]

2.   For this purpose, manufacturers shall submit appropriate documentation to the independent evaluator

  certification body as
  referred to in Article 7(3)

  Article 7(3a)
  for vulnerability analysis. [Am. 72]

3.   Independent evaluators

  For the purpose of paragraph 1, the certification body as referred in Article 7(3a)
  shall conduct penetration tests on vehicle units, motion sensors and tachograph cards to confirm that known vulnerabilities cannot be exploited by individuals in possession of publicly available knowledge. [Am. 73]

3a.
     
  If in the course of the tests referred to in paragraphs 1 and 3, vulnerabilities in the vehicle unit, motion sensor or tachograph cards are detected, these elements shall not be put on the market. In such cases, the Member State which has granted the type approval shall withdraw it, in accordance with Article 11(2). [Am. 74]

3b.
     
  When a manufacturer or the certification body referred to in Article 7(3a) identifies a very serious vulnerability in the vehicle unit, motion sensor or tachograph cards and these elements have already been put on the market, the manufacturer or the certification body as referred in Article 7(3a) shall inform the competent authorities of that Member State without delay. [Am. 75]

3c.
     
  Member States shall take all the necessary measures to ensure that the problem referred to in paragraph 3b is addressed, in particular by the manufacturer, and shall inform the Commission without delay of the vulnerabilities detected and of the measures envisaged or taken. [Am. 76]

Article 16

Field tests

1.   Member States may authorise field tests of recording equipment

  a tachograph
  which has not yet been type approved. Member States shall mutually recognise authorisations for field tests granted by one Member State.

2.   Drivers and transport undertakings participating in a field test shall comply with the requirements of Regulation (EC) No 561/2006. In order to demonstrate such compliance, drivers shall follow the procedure set out in Article 31(2).

3.   The Commission may adopt implementing acts to lay down the procedures to be followed for carrying out field tests and the forms to be used in order to monitor these field tests. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 40(2).

CHAPTER IV

Installation and inspection

Article 17

Installation and repair

1.   Recording equipment

  Tachographs
  may be installed or repaired only by fitters or workshops approved by the competent authorities of the Member States for that purpose in conformity with Article 19.

2.   
  Approved
  fitters or workshops shall seal the recording equipment

  tachograph according to the specifications included in the type approval certificate referred to in Article 10, after having verified that it is functioning properly and in particular that no manipulation device can tamper with or alter the data recorded. [Am. 77]

3.   The approved fitter or workshop shall place a special mark on the seals which it affixes and, in addition, for the recording equipment referred to in Annex IB

  digital tachograph
  , shall enter the electronic security data for carrying out the authentication checks. The competent authorities of each Member State shall maintain a register of the marks and electronic security data used and of approved workshop and fitter cards issued.

4.   For the purpose of certifying that the installation of the recording equipment

  tachograph
  took place in accordance with the requirements of this Regulation, an installation plaque affixed as provided for in Annexes I and IB shall be used.

5.   A seal shall be removed only by the fitters or workshops approved by the competent authorities under paragraph 1 or by control officers, or in the circumstances described in Annex I, Section V, point 4 or in Annex IB, Section V, point 3.
  [Am. 78]

Article 17a

Sealing

1.
     
  The following part of the tachograph shall be sealed:

| — | any connection which, if disconnected, would cause undetectable alterations to be made or undetectable data loss; |
| --- | --- |

—

any connection which, if disconnected, would cause undetectable alterations to be made or undetectable data loss;

| — | the installation plaque, unless it is attached in such a way that it cannot be removed without the markings thereon being destroyed. |
| --- | --- |

—

the installation plaque, unless it is attached in such a way that it cannot be removed without the markings thereon being destroyed.

2.
     
  A seal may be removed only by the fitters or workshops approved by the competent authorities under Article 17(1) or by certified control officers, or in the circumstances described in this Regulation.

3.
     
  Each time that a seal is broken a written statement giving the reasons for such action shall be prepared and made available to the competent authority. [Am. 79]

Article 18

Inspections of the recording equipment


  tachographs

Recording equipment

  Tachographs
  shall be subject to regular inspection by approved workshops. Regular inspection shall be carried out at least every two years.

These inspections shall include the following minimum checks:

| (1) | that the tachograph is working properly; |
| --- | --- |

(1)

that the tachograph is working properly;

| (2) | that the tachograph carries the type approval mark; |
| --- | --- |

(2)

that the tachograph carries the type approval mark;

| (3) | that the installation mark is affixed; |
| --- | --- |

(3)

that the installation mark is affixed;

| (4) | that the seals on the tachograph and on other parts of the installation are intact; |
| --- | --- |

(4)

that the seals on the tachograph and on other parts of the installation are intact;

| (5) | that there are no manipulation devices attached to the tachograph. [Am. 80] |
| --- | --- |

(5)

that there are no manipulation devices attached to the tachograph. [Am. 80]

Workshops shall draw up an inspection report in cases where irregularities in the functioning of the recording equipment

  tachograph
  had to be remedied, whether as a result of a periodic inspection, or an inspection carried out at the specific request of the national competent authority. Workshops shall keep a list of all inspection reports drawn up.

Inspection reports shall be retained by the workshop for a minimum period of two years from the time the report was made. Upon request from the competent authority, workshops shall make available the reports of inspections and calibrations carried out during that period.

Article 19

Approval of fitters and workshops

1.   The Member States shall approve, regularly control and certify the fitters and workshops which may carry out installations, checks, inspections and repairs of the recording equipment

  tachographs
  .

2.   Member States shall ensure that fitters and workshops are competent and reliable. For that purpose, they shall establish and publish a set of clear national procedures and shall ensure that the following minimum criteria are met:

| (a) | the staff are properly trained; |
| --- | --- |

(a)

the staff are properly trained;

| (b) | the equipment necessary to carry out the relevant tests and tasks is available; |
| --- | --- |

(b)

the equipment necessary to carry out the relevant tests and tasks is available;

| (c) | the fitters and workshops are of good repute. |
| --- | --- |

(c)

the fitters and workshops are of good repute.

3.   Audits of approved fitters or workshops shall be carried out as follows:

| (a) | Approved fitters or workshops shall be subject to a yearly audit of the procedures applied by the workshop when handling the recording equipment

  tachographs
  . The audit shall focus in particular on the security measures taken and the handling of workshop cards. |
| --- | --- |

(a)

Approved fitters or workshops shall be subject to a yearly audit of the procedures applied by the workshop when handling the recording equipment

  tachographs
  . The audit shall focus in particular on the security measures taken and the handling of workshop cards.

| (b) | Unannounced technical audits of approved fitters or workshops shall also take place in order to control the calibrations and installations carried out. These controls shall cover at least 10 %

  20 %
  of the approved workshops per year. [Am. 81] |
| --- | --- |

(b)

Unannounced technical audits of approved fitters or workshops shall also take place in order to control the calibrations and installations carried out. These controls shall cover at least 10 %

  20 %
  of the approved workshops per year. [Am. 81]

4.   Member States
  and their competent authorities
  shall take appropriate measures to prevent conflicts of interests between fitters or workshops and road transport undertakings. In particular, if a transport undertaking is also operating as an approved fitter or workshop, it shall not be allowed to install and calibrate recording equipment in its own vehicles

  in the event of a serious risk of conflict of interest
  ,
  additional specific measures shall be taken to ensure that the fitter or the workshop complies with this Regulation
  . [Am. 82]

5.   The competent authorities of the Member States shall forward to the Commission the lists of approved fitters and workshops and the cards issued to them, as well as copies of the marks and of the necessary information relating to the electronic security data used. The Commission shall publish the lists of approved fitters and workshops on its website.

6.   Member States shall withdraw approval, either temporarily or permanently, from fitters and workshops failing to meet their obligations under this Regulation.

6a.
     
  Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for tachographs on the internet. Member States shall inform the Commission of their activities in this regard; the Commission shall then make the information available to all other EU control authorities in order to make the newest practises in fraudulent installation and manipulation known to all of them. [Am. 152]

Article 20

Workshop cards

1.   The period of administrative validity of workshop cards shall not exceed one year.
  When renewing the workshop card, the competent authority shall ensure that the criteria listed in Article 19(2), are met by the fitter or workshop. [Am. 83]

2.   If a workshop card is to be extended, is damaged, malfunctions, is lost or stolen, the authority shall supply a replacement card within five working days of receiving a detailed request to that effect. The authority issuing the card shall maintain a register of lost, stolen or defective cards.

3.   When a Member State withdraws the approval of a fitter or workshop as set out in Article 19, it shall also withdraw the workshop cards issued to it.

4.   Member States shall take all necessary measures to prevent the workshop cards distributed to approved fitters and workshops from being falsified.

CHAPTER V

Driver cards

Article 21

Issuing of driver cards

1.   The driver card shall be issued, at the request of the driver by the competent authority of the Member State where the driver has his normal residence. It shall be issued within one month

  15 days
  of the request being received by the competent authority. [Am. 84]

2.   For the purposes of this Article, ‘normal residence’ means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where they are living; however, the normal residence of a person whose occupational ties are in a different place from their personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of their personal ties, provided that such person returns there regularly. This last condition need not be complied with where the person is living in a Member State in order to carry out a fixed-term assignment.

3.   Drivers shall give proof of their normal residence by any appropriate means, such as their identity card or any other valid document. Where the competent authorities of the Member State issuing the driver card have doubts as to the validity of a statement as to normal residence, or for the purpose of certain specific controls, they may request any additional information or evidence.

3a.
     
  Without prejudice to their place of habitual residence and in order to ensure fair competition in international road transport, the individual employment contract of international drivers shall be governed by the law of the country in which, or alternatively, from which, in the light of all the factors which characterise his activities, the driver carries out, on a regular basis, the greater part of his obligation towards his employer, in performance of his contract. [Am. 132]

4.   The competent authorities of the issuing Member State shall take appropriate measures to ensure that an applicant does not already hold a valid driver card and shall personalise the driver card in accordance with the provisions of Annex IB.

5.   For administrative purposes, the driver card shall not be valid for more than five years.

6.   A valid driver card shall not be withdrawn or suspended unless the competent authorities of a Member State find that the card has been falsified, or the driver is using a card of which he is not the holder, or the card held has been obtained on the basis of false declarations and/or forged documents. If such suspension or withdrawal measures are taken by a Member State other than the issuing Member State, the former shall return the card to the authorities of the Member State which issued it,
  as soon as possible
  , indicating the reasons for returning it

  withdrawal or suspension. [Am. 85]

7.   Driver cards shall be issued only to applicants who are subject to the provisions of Regulation (EC) No 561/2006.

8.   Member States shall take all necessary measures to prevent driver cards from being falsified.

Article 22

Use of driver cards

1.   The driver card is personal.

2.   A driver may hold no more than one valid driver card, and is authorised to use only his own personalised driver card. A driver shall not use a driver card which is defective or which has expired.

Article 23

Renewal of driver cards

1.   Where a driver wishes to renew his driver card, he shall apply to the competent authorities of the Member State of normal residence not later than 15 working days before the expiry date of the card.

2.   Where the authorities of the Member State of normal residence are different from those which issued the card and where the former are requested to renew the driver card, they shall inform the authorities which issued the old card of the reasons for its renewal.

3.   In the event of a request for the renewal of a card whose expiry date is approaching, the competent authority shall supply a new card before the expiry date provided that the request was sent within the time limits laid down in paragraph 1.

Article 24

Stolen, lost or defective driver cards

1.   The issuing authority shall keep records of issued, stolen, lost or defective driver cards for a period at least equivalent to their period of administrative validity.

2.   If a driver card is damaged or if it malfunctions, the driver shall return it to the competent authority of the Member State of normal residence. Theft of the driver card must be formally declared to the competent authorities of the State where the theft occurred.

3.   Loss of the driver card shall be reported in a formal declaration to the competent authorities of the issuing Member State and to the competent authorities of the Member State of normal residence if this is different.

4.   If the driver card is damaged, malfunctions or is lost or stolen, the driver shall within seven calendar days apply for its replacement to the competent authorities of the Member State of normal residence. These authorities shall supply a replacement card within five working days after receiving a detailed request to that effect.

5.   In the circumstances set out in paragraph 4, the driver may continue to drive without a driver card for a maximum period of 15 calendar days or for a longer period if this is necessary for the vehicle to return to its premises, provided the driver can prove the impossibility of producing or using the card during this period.

Article 25

Mutual recognition and exchange of driver cards

1.   Driver cards issued by Member States shall be mutually recognised.

2.   Where the holder of a valid driver card issued by a Member State has established his normal residence in another Member State, he may ask for his card to be exchanged for an equivalent driver card. It shall be the responsibility of the Member State which carries out the exchange to verify whether the card produced is still valid.

3.   Member States carrying out an exchange shall return the old card to the authorities of the issuing Member State and indicate the reasons for so doing.

4.   Where a Member State replaces or exchanges a driver card, the replacement or exchange, and any subsequent replacement or exchange, shall be registered in that Member State.

Article 26

Electronic exchange of information on driver cards

1.   In order to ensure that an applicant does not already hold a valid driver card as referred to in Article 21(4), Member States shall maintain national electronic registers containing the following information on driver cards for a period at least equivalent to their period of administrative validity:

| — | Surname and first name of the driver |
| --- | --- |

—

Surname and first name of the driver

| — | Birth date and place of birth of the driver |
| --- | --- |

—

Birth date and place of birth of the driver

| — | Valid
  driving licence number and country of issue of the driving licence (if applicable) [Am. 86] |
| --- | --- |

—

Valid
  driving licence number and country of issue of the driving licence (if applicable) [Am. 86]

| — | Status of the driver card |
| --- | --- |

—

Status of the driver card

2.   The Commission and the Member States shall take all necessary measures to ensure that the electronic registers are interconnected and accessible throughout the Union
  , using the TACHOnet Messaging System or a compatible system
  . [Am. 87]

3.   When issuing, renewing or replacing a driver card, Member States shall verify through electronic data exchange that the driver does not already hold another valid driver card. The data exchanged shall be limited to the data necessary for the purpose of this verification.

4.   Control officers may

  shall
  have access to the electronic register in order to control the status of a driver card. [Am. 88]

5.   The Commission shall adopt implementing acts to lay down the common procedures and specifications necessary for the interconnection referred to in paragraph 2, including the format for the data exchanged, the technical procedures for electronic consultation of the national electronic registers, access procedures and security mechanisms. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 40(3).

Article 27

Integration of driver cards with driving licences

Driver cards shall be issued in accordance with the provisions of this Chapter until 18 January 2018. With effect from 19 January 2018, driver cards shall be incorporated into driving licences and issued, renewed, exchanged and replaced in accordance with the provisions of Directive 2006/126/EC.

Within 24 months of ... (19), the Commission is to carry out an Impact Assessment on the feasibility and merits of merging all of the cards used by professional drivers, in particular the driver card with the driver licence, in order to reduce the amount of card fraud currently taking place. The Commission shall examine in particular all the technical solutions available, card compatibility problems and data protection related issues. The Commission shall communicate its findings to the European Parliament within 30 months of ... (19). [Am. 89]

CHAPTER VI

Use of equipment

Article 28

Correct use of recording equipment


  tachographs

1.   The transport undertaking, the vehicle owner and the drivers shall ensure the correct functioning and proper use of the recording equipment

  tachograph
  and the driver card where the driver is required to drive a vehicle fitted with the recording equipment referred to in Annex IB

  a digital tachograph. Whenever an analogue tachograph is used the transport undertaking and the driver shall ensure its correct functioning and the proper use of the record sheet. [Am. 90]

1a.
     
  The digital tachograph shall not be set in a way that it automatically switches to a specific indication when the vehicle's engine or ignition is switched off. The driver shall be able to choose manually a category, depending on his activity or rest after the switch off. [Am. 91]

2.   It shall be forbidden to falsify, conceal, suppress or destroy data recorded on the record sheet, stored in the recording equipment

  tachograph
  or on the driver card, or print-outs from the recording equipment referred to in Annex IB

  digital tachograph
  . Any manipulation of the recording equipment

  tachographs
  , record sheet or driver card which could result in data and/or printed information being falsified, suppressed or destroyed shall also be prohibited. No device which could be used to this effect shall be present on the vehicle.

3.   Vehicles shall not be fitted with more than one recording equipment

  tachograph
  except for the purposes of the field tests referred to in Article 16.

4.   Member States shall forbid the production, distribution, advertising and/or selling of devices constructed and/or intended for the manipulation of recording equipment

  tachographs
  .

4a.
     
  Member States shall monitor and prosecute the increasing offer of fraudulent installation and the installation of manipulation devices for tachographs on the internet. [Am. 153]

Article 29

Responsibility of the undertaking

| -1. | The transport undertaking shall:










  (1) | give to drivers it employs or who are at its disposal the necessary training and instructions as regards the correct functioning of tachographs; |
| --- | --- | --- |

-1.

The transport undertaking shall:

(1)

give to drivers it employs or who are at its disposal the necessary training and instructions as regards the correct functioning of tachographs;

| (2) | make regular checks to ensure that the drivers it employs or who are at its disposal make correct use of tachographs and; |
| --- | --- |

(2)

make regular checks to ensure that the drivers it employs or who are at its disposal make correct use of tachographs and;

| (3) | not give to drivers it employs or who are at its disposal any direct or indirect incentives that could encourage the misuse of tachographs. [Am. 92] |
| --- | --- |

(3)

not give to drivers it employs or who are at its disposal any direct or indirect incentives that could encourage the misuse of tachographs. [Am. 92]

| 1. | The transport undertaking shall issue a sufficient number of record sheets to drivers of vehicles fitted with an recording equipment referred to in Annex I

  analogue tachograph
  taking into account the fact that these sheets are personal in character, the length of the period of service and the possible need to replace sheets which are damaged, or have been taken by an authorised inspecting officer. The transport undertaking shall issue to drivers only record sheets of an approved model suitable for use in the equipment installed in the vehicle.
  Where the vehicle is fitted with a recording equipment referred to in Annex IB

  digital tachograph
  the transport undertaking and the driver shall ensure that, taking into account the length of the period of service, the printing on request referred to in Annex IB can be carried out correctly in the event of an inspection. |
| --- | --- |

1.

The transport undertaking shall issue a sufficient number of record sheets to drivers of vehicles fitted with an recording equipment referred to in Annex I

  analogue tachograph
  taking into account the fact that these sheets are personal in character, the length of the period of service and the possible need to replace sheets which are damaged, or have been taken by an authorised inspecting officer. The transport undertaking shall issue to drivers only record sheets of an approved model suitable for use in the equipment installed in the vehicle.

Where the vehicle is fitted with a recording equipment referred to in Annex IB

  digital tachograph
  the transport undertaking and the driver shall ensure that, taking into account the length of the period of service, the printing on request referred to in Annex IB can be carried out correctly in the event of an inspection.

| 2. | The transport undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 31, in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The transport undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed paper versions of these copies. The record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised inspecting officer. |
| --- | --- |

2.

The transport undertaking shall keep record sheets and printouts, whenever printouts have been made to comply with Article 31, in chronological order and in a legible form for at least a year after their use and shall give copies to the drivers concerned who request them. The transport undertaking shall also give copies of downloaded data from the driver cards to the drivers concerned who request them and the printed paper versions of these copies. The record sheets, printouts and downloaded data shall be produced or handed over at the request of any authorised inspecting officer.

| 3. | A transport undertaking shall be liable for infringements against this Regulation committed by drivers of the undertaking
  or by those at its disposal. Whilst
  Member States
  can
  hold transport undertakings fully liable,
  in doing so
  Member States may
  nonetheless
  consider any evidence that
  demonstrates that
  the transport undertaking cannot reasonably be held responsible for the infringement committed.

  Controlling authorities shall make regular checks in accordance with Article 10(4) of Regulation (EC) No 561/2006. [Ams 94+124+133] |
| --- | --- |

3.

A transport undertaking shall be liable for infringements against this Regulation committed by drivers of the undertaking
  or by those at its disposal. Whilst
  Member States
  can
  hold transport undertakings fully liable,
  in doing so
  Member States may
  nonetheless
  consider any evidence that
  demonstrates that
  the transport undertaking cannot reasonably be held responsible for the infringement committed.

Article 30

Use of driver cards and record sheets

1.   Drivers shall use the record sheets or driver cards every day on which they are driving, starting from the moment they take over the vehicle. The record sheet or driver card shall not be withdrawn before the end of the daily working period unless its withdrawal is otherwise authorised. No record sheet or driver card may be used to cover a period longer than that for which it is intended.

2.   Drivers shall adequately protect the record sheets or driver cards, and shall not use dirty or damaged sheets or cards.

3.   When as a result of being away from the vehicle, a driver is unable to use the recording equipment

  tachograph
  fitted to the vehicle, the periods of time referred to in points (ii) and (iii) of paragraph 5(b) shall:

| (a) | if the vehicle is fitted with an recording equipment referred to in Annex I

  analogue tachograph
  , be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet; or |
| --- | --- |

(a)

if the vehicle is fitted with an recording equipment referred to in Annex I

  analogue tachograph
  , be entered on the record sheet, either manually, by automatic recording or other means, legibly and without dirtying the sheet; or

| (b) | if the vehicle is fitted with a recording equipment referred to in Annex IB

  digital tachograph
  , be entered onto the driver card using the manual entry facility provided in the recording equipment

  tachograph
  . |
| --- | --- |

(b)

if the vehicle is fitted with a recording equipment referred to in Annex IB

  digital tachograph
  , be entered onto the driver card using the manual entry facility provided in the recording equipment

  tachograph
  .

For control purposes, periods of time for which no activity has been recorded shall be regarded as a rest or break. Drivers are not obliged to record daily and weekly rest periods when having been

  Member States shall not impose a requirement on drivers to present forms attesting to their activities while being
  away from the vehicle. [Am. 95]

4.   Where there is more than one driver on board a vehicle fitted with a recording equipment referred to in Annex IB

  digital tachograph
  , each driver shall ensure that his driver card is inserted into the correct slot in the recording equipment

  tachograph
  .

Where there is more than one driver on board a vehicle fitted with an recording equipment referred to in Annex IB

  analogue tachograph
  , drivers shall amend the record sheets as necessary, so that the information referred to in Section II (a), (b) and (c) of Annex I is recorded on the record sheet of the driver who is actually driving.

5.   Drivers shall:

| (a) | ensure that the time recorded on the sheet corresponds to the official time in the country of registration of the vehicle; |
| --- | --- |

(a)

ensure that the time recorded on the sheet corresponds to the official time in the country of registration of the vehicle;

| (b) | operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly:






  (i) | under the sign

  : driving time, |
| --- | --- | --- |

(b)

operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly:

(i)

Image

| (ii) | under the sign

  : ‘other work’, which means any activity other than driving, as defined in Article 3(a) of Directive 2002/15/EC, and also any work for the same or another employer within or outside of the transport sector, |
| --- | --- |

(ii)

Image

| (iii) | under the sign

  : ‘availability’, as defined in Article 3(b) of Directive 2002/15/EC; |
| --- | --- |

(iii)

Image

| (iv) | under the sign

  : breaks or rest. |
| --- | --- |

(iv)

Image

6.   Each driver shall enter the following information on his record sheet:

| (a) | on beginning to use the sheet — his surname and first name; |
| --- | --- |

(a)

on beginning to use the sheet — his surname and first name;

| (b) | the date and place where use of the sheet begins and the date and place where such use ends; |
| --- | --- |

(b)

the date and place where use of the sheet begins and the date and place where such use ends;

| (c) | the registration number of each vehicle to which the driver is assigned, both at the start of the first journey recorded on the sheet and then, in the event of a change of vehicle, during use of the sheet; |
| --- | --- |

(c)

the registration number of each vehicle to which the driver is assigned, both at the start of the first journey recorded on the sheet and then, in the event of a change of vehicle, during use of the sheet;

| (d) | the odometer reading:






  (i) | at the start of the first journey recorded on the sheet, |
| --- | --- | --- |

(d)

the odometer reading:

(i)

at the start of the first journey recorded on the sheet,

| (ii) | at the end of the last journey recorded on the sheet, |
| --- | --- |

(ii)

at the end of the last journey recorded on the sheet,

| (iii) | in the event of a change of vehicle during a working day, the reading on the first vehicle to which the driver was assigned and the reading on the next vehicle; |
| --- | --- |

(iii)

in the event of a change of vehicle during a working day, the reading on the first vehicle to which the driver was assigned and the reading on the next vehicle;

| (e) | the time of any change of vehicle. |
| --- | --- |

(e)

the time of any change of vehicle.

7.   The driver shall enter in the recording equipment referred to in Annex IB

  digital tachograph
  the symbols of the countries in which the daily work

  working
  period was started and finished. However, a Member State may require drivers of vehicles engaged in transport operations inside its territory to add more detailed geographic specifications to the country symbol provided that the Member State notified them to the Commission before 1 April 1998. [Am. 96]

It shall not be necessary for drivers to enter this information if the recording equipment

  tachograph
  is automatically recording location data in accordance with Article 4.

Article 31

Damaged driver cards or record sheets

1.   In case of damage to a sheet bearing recordings or to a driver card, drivers shall keep the damaged sheet or driver card together with the spare sheet used to replace it.

2.   Where a driver card is damaged, malfunctions, or is lost or stolen, the driver shall:

| (a) | at the start of his journey, print out the details of the vehicle they are driving, and enter on that printout:






  (i) | details that enable the driver to be identified (name, driver card or driving licence number), including his signature; |
| --- | --- | --- |

(a)

at the start of his journey, print out the details of the vehicle they are driving, and enter on that printout:

(i)

details that enable the driver to be identified (name, driver card or driving licence number), including his signature;

| (ii) | the periods referred to in Article 30 (5) (b) (ii), (iii) and (iv); |
| --- | --- |

(ii)

the periods referred to in Article 30 (5) (b) (ii), (iii) and (iv);

| (b) | at the end of the journey, print out the information relating to periods of time recorded by the recording equipment

  tachograph
  , record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the recording equipment

  tachograph
  , and mark on that document details that enable the driver to be identified (name, driver card or driver's licence number), including the driver's signature. |
| --- | --- |

(b)

at the end of the journey, print out the information relating to periods of time recorded by the recording equipment

  tachograph
  , record any periods of other work, availability and rest undertaken since the printout that was made at the start of the journey, where not recorded by the recording equipment

  tachograph
  , and mark on that document details that enable the driver to be identified (name, driver card or driver's licence number), including the driver's signature.

Article 32

Records to be carried by the driver

1.   Where the driver drives a vehicle fitted with an recording equipment

  analogue tachograph
  referred to in Annex I, the driver shall be able to produce, whenever an inspecting officer so requests:

| (i) | the record sheets for the current day and those used by the driver in the previous 28 days, |
| --- | --- |

(i)

the record sheets for the current day and those used by the driver in the previous 28 days,

| (ii) | the driver card if one is held, and |
| --- | --- |

(ii)

the driver card if one is held, and

| (iii) | any manual record and printout made during the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006. |
| --- | --- |

(iii)

any manual record and printout made during the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006.

2.   Where the driver drives a vehicle fitted with a recording equipment referred to in Annex IB

  digital tachograph
  , he shall be able to produce, whenever an inspecting officer so requests:

| (i) | his driver card, |
| --- | --- |

(i)

his driver card,

| (ii) | any manual record and printout made during the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006, |
| --- | --- |

(ii)

any manual record and printout made during the current day and the previous 28 days as required under this Regulation and Regulation (EC) No 561/2006,

| (iii) | the record sheets corresponding to the same period as the one referred to in point (ii) during which he drove a vehicle fitted with an recording equipment referred to in Annex I

  analogue tachograph
  . |
| --- | --- |

(iii)

the record sheets corresponding to the same period as the one referred to in point (ii) during which he drove a vehicle fitted with an recording equipment referred to in Annex I

  analogue tachograph
  .

3.   An authorised

  A certified
  inspecting officer may check compliance with Regulation (EC) No 561/2006 by analysis of the record sheets, of the displayed or

  ,
  printed
  or downloaded
  data which have been recorded by the recording equipment

  tachograph
  or by the driver card or, failing this, by analysis of any other supporting document that justifies non-compliance with a provision, such as those laid down in Articles 24(2) and 33(2) of this Regulation. [Am. 97]

3a.
     
  The Commission shall carry out a study of enforcement regimes in all the Member States, within 18 months of the first Enforcement Officer Certificates being awarded, to establish how many certified officers there are in each Member State.

Thereafter, Member States shall report to the Commission on an annual basis, detailing the training received by officers, and the numbers of active Enforcement Officers who have obtained the European Enforcement Certificate. [Am. 98]

Article 33

Procedures in case of malfunctioning equipment

1.   In the event of breakdown or faulty operation of the recording equipment

  tachograph
  , the transport undertaking shall have it repaired by an approved fitter or workshop, as soon as circumstances permit.

If the vehicle is unable to return to the premises within a period of one week calculated from the day of the breakdown or of the discovery of defective operation, the repair shall be carried out en route.

Measures taken by Member States pursuant to Article 37 may give the competent authorities power

  shall include the power of the competent authorities
  to prohibit the use of the vehicle in cases where breakdown or faulty operation has not been remedied as provided in the first and the second subparagraphs of this Article. [Am. 99]

In this respect the Commission will check that national and foreign vehicles are treated in the same way in order to prevent discrimination. [Am. 100]

2.   While the recording equipment

  tachograph
  is unserviceable or malfunctioning, drivers shall mark data enabling identification of the driver (name, driver card or driving licence number), including a signature, as well as the information for the various periods of time which are no longer recorded or printed out correctly by the recording equipment

  tachograph:

| (a) | on the record sheet or sheets, or |
| --- | --- |

(a)

on the record sheet or sheets, or

| (b) | on a temporary sheet to be attached to the record sheet or to be kept together with the driver card. |
| --- | --- |

(b)

on a temporary sheet to be attached to the record sheet or to be kept together with the driver card.

CHAPTER VII

Data protection, Enforcement and penalties [Am. 101]

Article 34

Protection of personal data

1.   Member States shall ensure that the processing of personal data in the context of this Regulation is carried out in accordance with Directives 95/46/EC and 2002/58/EC and under the supervision of the public independent authority of the Member State referred to in Article 28 of Directive 95/46/EC.

2.   Member States shall in particular ensure that personal data is protected in relation to:

| — | the use of a global navigation satellite system (GNSS) for the recording of location data as referred to in Article 4, |
| --- | --- |

—

the use of a global navigation satellite system (GNSS) for the recording of location data as referred to in Article 4,

| — | the use of remote communication for control purposes as referred to in Article 5, |
| --- | --- |

—

the use of remote communication for control purposes as referred to in Article 5,

| — | the use of recording equipment with a harmonised interface as referred to in Article 6, |
| --- | --- |

—

the use of recording equipment with a harmonised interface as referred to in Article 6,

| — | the electronic exchange of information on driver cards as referred to in Article 26, |
| --- | --- |

—

the electronic exchange of information on driver cards as referred to in Article 26,

| — | the keeping of records by transport undertakings as referred to Article 29. |
| --- | --- |

—

the keeping of records by transport undertakings as referred to Article 29.

3.   The recording equipment referred to in Annex IB shall be designed in such a way as to ensure privacy. Only data strictly necessary for the purpose of the processing shall be processed.

4.   The owners of vehicles and/or transport undertakings shall comply, where applicable, with the relevant provisions on the protection of personal data.
  [Am. 102]

Article 34a

Control officers

1.
     
  In order to effectively monitor compliance with this Regulation sufficient standard equipment and appropriate legal powers shall be available to all certified control officers to enable them to carry out their duties in accordance with this Regulation. In particular:

| (a) | Certified control officers shall be in possession of control cards allowing access to data recorded in the tachograph and in the tachograph cards, including the workshop card. |
| --- | --- |

(a)

Certified control officers shall be in possession of control cards allowing access to data recorded in the tachograph and in the tachograph cards, including the workshop card.

| (b) | Certified control officers shall have the relevant harmonised and standardised tools and type-approved software to download data files of the vehicle unit and the tachograph cards and to be able to analyse speedily such data files and print-outs from the digital tachograph in combination with sheets or charts from the analogue tachograph. |
| --- | --- |

(b)

Certified control officers shall have the relevant harmonised and standardised tools and type-approved software to download data files of the vehicle unit and the tachograph cards and to be able to analyse speedily such data files and print-outs from the digital tachograph in combination with sheets or charts from the analogue tachograph.

2.
     
  If after having carried out a check certified control officers find enough evidence leading to reasonable suspicion of fraud, they shall be empowered to direct the vehicle to an authorised workshop to perform further tests in order to control, in particular:

| (a) | that the tachograph works properly; |
| --- | --- |

(a)

that the tachograph works properly;

| (b) | that the tachograph records and stores data correctly, and |
| --- | --- |

(b)

that the tachograph records and stores data correctly, and

| (c) | that the calibration parameters are correct. |
| --- | --- |

(c)

that the calibration parameters are correct.

3.
     
  Certified control officers shall be empowered to instruct authorised workshops to perform the test mentioned in paragraph 2 and specific tests designed to test for the presence of manipulation devices. If manipulation devices are detected, the equipment, including the device itself, the vehicle unit or its components, and the driver card, may be removed from the vehicle and be used as evidence in compliance with national rules of procedure relating to the handling of such evidence.

4.
     
  Certified control officers shall make use of the possibility to check tachographs and driver cards which are on site during a check of the premises of the undertaking.

5.
     
  The Commission shall be empowered to adopt delegated acts in accordance with Article 39 to develop the technical and functional specifications in relation to the equipment referred to in paragraph 1 of this Article. [Am. 103]

Article 35

Training of control officers

1.   Member States shall ensure that control officers are appropriately trained for the analysis of the data recorded and the control of recording equipment

  tachographs
  .

2.   Member States shall inform the Commission about the training requirements for their control officers by ... (20).

2a.
     
  The Commission shall adopt decisions to establish a common system of training of control officers by ... (21). [Am. 104]

3.   The Commission shall adopt decisions on the

  a
  methodology for the initial and continuing training of control officers, including on techniques to target controls and to detect manipulation devices and fraud.
  This methodology shall be based on guidelines providing a common interpretation of this Regulation and Regulation No (EC) 561/2006 in order to guarantee a uniform analysis of data recorded by a tachograph in all Member States.
  Those implementing acts shall be adopted in accordance with the advisory

  examination
  procedure referred to in Article 40(2)

  Article 40(3)
  . [Am. 105]

3a.
     
  By ... (22) control officers shall pass an examination in order to obtain a European Enforcement Certificate. This harmonised certification shall prove that they have the appropriate skills to efficiently execute their control tasks as defined in this Regulation, in particular in relation to Article 34a. [Am. 106]

3b.
     
  The Commission shall adopt decisions on the requirements and contents of the examination referred to in paragraph 3a of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 40(3). [Am. 107]

3c.
     
  The Commission shall present to the European Parliament and the Council a report every two years regarding the number of control officers following the training in each Member State and obtaining the European Enforcement Certificate. [Am. 108]

Article 35a

Very serious infringements

The following infringements in relation to the obligations set out in this Regulation, due to their special gravity and possible consequences for road safety, shall be considered as very serious infringements in the legislation of Member States:

| (1) | In relation to the obligations concerning the installation of tachographs: the installation and use of a non type-approved tachograph; |
| --- | --- |

(1)

In relation to the obligations concerning the installation of tachographs: the installation and use of a non type-approved tachograph;

| (2) | In relation to the obligations concerning the use of tachographs, driver card or record sheet:










  (a) | the use of a tachograph not complying with the obligations related to inspection referred to in Article 18; |
| --- | --- | --- |

(2)

In relation to the obligations concerning the use of tachographs, driver card or record sheet:

(a)

the use of a tachograph not complying with the obligations related to inspection referred to in Article 18;

| (b) | the use of a tachograph not properly inspected, calibrated or sealed; |
| --- | --- |

(b)

the use of a tachograph not properly inspected, calibrated or sealed;

| (c) | the use of a driver card which is not valid; |
| --- | --- |

(c)

the use of a driver card which is not valid;

| (d) | an undertaking not keeping record sheets, printouts and downloads; |
| --- | --- |

(d)

an undertaking not keeping record sheets, printouts and downloads;

| (e) | a driver holding more than one valid driver card; |
| --- | --- |

(e)

a driver holding more than one valid driver card;

| (f) | the use of a driver card which is not the driver’s own valid card; |
| --- | --- |

(f)

the use of a driver card which is not the driver’s own valid card;

| (g) | the use of a defective or expired driver card; |
| --- | --- |

(g)

the use of a defective or expired driver card;

| (h) | recorded and stored data not available for at least 365 days; |
| --- | --- |

(h)

recorded and stored data not available for at least 365 days;

| (i) | the use of dirty or damaged sheets or driver cards and data which are not legible; |
| --- | --- |

(i)

the use of dirty or damaged sheets or driver cards and data which are not legible;

| (j) | incorrect use of record sheets/driver cards; |
| --- | --- |

(j)

incorrect use of record sheets/driver cards;

| (k) | record sheet or driver card used to cover a period longer than that for which it is intended and data is lost; |
| --- | --- |

(k)

record sheet or driver card used to cover a period longer than that for which it is intended and data is lost;

| (l) | not using manual input when required to do so; |
| --- | --- |

(l)

not using manual input when required to do so;

| (m) | not using correct sheets or driver cards in the correct slot (multimanning). |
| --- | --- |

(m)

not using correct sheets or driver cards in the correct slot (multimanning).

| (3) | In relation to the obligation to fill in information: first name and surname missing on record sheet. |
| --- | --- |

(3)

In relation to the obligation to fill in information: first name and surname missing on record sheet.

| (4) | In relation to the obligation to produce information:










  (a) | a refusal to be checked; |
| --- | --- | --- |

(4)

In relation to the obligation to produce information:

(a)

a refusal to be checked;

| (b) | an unjustified lack of records for the current day: |
| --- | --- |

(b)

an unjustified lack of records for the current day:

| (c) | an unjustified lack of records for the previous 28 days; |
| --- | --- |

(c)

an unjustified lack of records for the previous 28 days;

| (d) | an unjustified lack of records of the driver card if the driver holds one; |
| --- | --- |

(d)

an unjustified lack of records of the driver card if the driver holds one;

| (e) | an unjustified lack of manual records and printouts made during the current week and the previous 28 days; |
| --- | --- |

(e)

an unjustified lack of manual records and printouts made during the current week and the previous 28 days;

| (f) | unable to produce a driver card; |
| --- | --- |

(f)

unable to produce a driver card;

| (g) | unable to produce print outs made during the current week and the previous 28 days. |
| --- | --- |

(g)

unable to produce print outs made during the current week and the previous 28 days.

| (5) | Breakdown:



  Tachograph not repaired by an approved fitter or workshop. |
| --- | --- |

(5)

Breakdown:

| (6) | Manual input on printouts:










  (a) | driver not marking all information for the periods of time which are no longer recorded while the tachograph is unserviceable or malfunctioning; |
| --- | --- | --- |

(6)

Manual input on printouts:

(a)

driver not marking all information for the periods of time which are no longer recorded while the tachograph is unserviceable or malfunctioning;

| (b) | driver card number and/or name and/or driving licence number missing on temporary sheet; |
| --- | --- |

(b)

driver card number and/or name and/or driving licence number missing on temporary sheet;

| (c) | loss or theft of driver card not formally declared to the competent authorities of the Member State where the loss or theft occurred. |
| --- | --- |

(c)

loss or theft of driver card not formally declared to the competent authorities of the Member State where the loss or theft occurred.

| (7) | In relation to fraud:










  (a) | to falsify, suppress, or destroy data recorded on record sheets, stored in the tachograph or on the driver card or print-outs from the tachograph; |
| --- | --- | --- |

(7)

In relation to fraud:

(a)

to falsify, suppress, or destroy data recorded on record sheets, stored in the tachograph or on the driver card or print-outs from the tachograph;

| (b) | manipulation of tachograph, record sheet, driver card or company card which results in data and/or printout information being falsified; |
| --- | --- |

(b)

manipulation of tachograph, record sheet, driver card or company card which results in data and/or printout information being falsified;

| (c) | manipulation device that could be used to falsify data and/or printout information present in the vehicle. [Am. 109] |
| --- | --- |

(c)

manipulation device that could be used to falsify data and/or printout information present in the vehicle. [Am. 109]

Article 36

Mutual assistance

Member States shall assist each other in applying this Regulation and in checking compliance therewith.

Within the framework of this mutual assistance, the competent authorities of the Member States shall in particular regularly send to each other all available information concerning infringements of this Regulation related to fitters and workshops,
  types of manipulation practices,
  and any penalties imposed for such infringements. [Am. 110]

Article 36a

Telephone Hotline

The Commission shall install a website and an EU-wide hotline telephone number that can be called free of charge and anonymously by drivers or any other concerned stakeholder wishing to report fraud that falls under the scope of this Regulation. [Am. 111]

Article 37

Penalties

1.   Member States shall lay down rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. Those penalties shall be effective, proportionate, dissuasive and non-discriminatory. In the case of workshops which have infringed the provisions of this Regulation, this may include the cancellation of approval and withdrawal of the workshop card.

2.   No infringement of this Regulation shall be subject to more than one penalty or procedure.

3.   The penalties laid down by Member States for very serious infringements as set out in Directive 2009/5/EC

  Article 35a of this Regulation
  shall be of the highest categories applicable in the Member State for infringements of road transport legislation. [Am. 112]

4.   The Member States shall notify the Commission of these measures and the rules on penalties by ... (23). They shall inform the Commission about any subsequent change to these measures.

CHAPTER VIII

Final provisions

Article 38

Adaptation to technical progress

The Commission shall be empowered to adopt delegated acts in accordance with Article 39 for the purpose of adapting Annexes I, IB and II to technical progress.

The Commission shall adopt the detailed specifications referred to in Articles 4, 5 and 6 by ... (24). It may adopt delegated acts pursuant to Article 39 to extend that time limit if it can show at that date that no suitable equipment meeting the required specifications is yet available. [Am. 125]

Article 39

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power to adopt delegated acts referred to in Articles 4, 5, 6 and 38

  Articles 3g, 4, 5, 6 and 34a
  shall be conferred
  on the Commission
  for an indeterminate

  a
  period of time

  five years
  from the [date of entry into force of this Regulation]

  ... (25)

  .
  The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. [Am. 113]

3.   The delegation of powers referred to in Articles 4, 5, 6 and 38

  Articles 3g, 4, 5, 6 and 34a
  may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. [Am. 114]

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Articles 4, 5, 6 and 38

  Articles 3g, 4, 5, 6 and 34a
  shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 115]

Article 40

Committee

1.   The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

3.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the opinion of the committee is to be obtained by written procedure, that procedure shall be terminated without result when, within the time-limit for delivery of the opinion, the chair of the committee so decides or a simple majority of committee members so request.

Article 41

Tachograph Forum

1.   A Tachograph Forum shall be set up in order to support dialogue on technical matters concerning recording equipment

  tachographs
  among Member States’ experts, and experts from third countries which are using the recording equipment

  tachographs
  under the European agreement concerning the work of crews of vehicles engaged in international road transport (AETR).

2.   Member States shall nominate an expert to the Tachograph Forum.

3.   The Tachograph Forum shall be open to participation by experts from interested non-EU Contracting Parties to the AETR.

4.   Stakeholders, representatives of vehicle manufacturers, tachograph manufacturers and social partners, shall be invited to the Tachograph Forum.

5.   The Tachograph Forum shall adopt its rules of procedure.

6.   The Tachograph Forum shall meet at least once a year.

Article 42

Communication of national measures

Member States shall communicate to the Commission the text of the laws, regulations and administrative provisions which they adopt in the field governed by this Regulation no later than 30 days after their date of adoption and for the first time [12 months after the entry into force of this Regulation] ... (26).

| (2) | Annex I is amended as follows:






  (a) | In Chapter I Definitions, point (b) is deleted; |
| --- | --- | --- |

(2)

Annex I is amended as follows:

(a)

In Chapter I Definitions, point (b) is deleted;

| (b) | in Chapter III (c), in point 4.1, the reference to "Article 15(3), second indent (b), (c) and (d) of the Regulation" is replaced by "Article 30(5), second indent (b), (c) and (d) of the Regulation;" |
| --- | --- |

(b)

in Chapter III (c), in point 4.1, the reference to "Article 15(3), second indent (b), (c) and (d) of the Regulation" is replaced by "Article 30(5), second indent (b), (c) and (d) of the Regulation;"

| (c) | in Chapter III (c), in point 4.2, the reference to "Article 15 of the Regulation" is replaced by "Article 30 of the Regulation"; |
| --- | --- |

(c)

in Chapter III (c), in point 4.2, the reference to "Article 15 of the Regulation" is replaced by "Article 30 of the Regulation";

| (d) | in Chapter IV (a) point 1, third subparagraph, the reference to "Article 15(5) of the Regulation" is replaced by "Article 30(6) of the Regulation". |
| --- | --- |

(d)

in Chapter IV (a) point 1, third subparagraph, the reference to "Article 15(5) of the Regulation" is replaced by "Article 30(6) of the Regulation".

| (3) | Annex IB is amended as follows:






  (a) | In Chapter I Definitions, points (l), (o), (t), (y), (ee), (kk), (oo) and (qq) are deleted: |
| --- | --- | --- |

(3)

Annex IB is amended as follows:

(a)

In Chapter I Definitions, points (l), (o), (t), (y), (ee), (kk), (oo) and (qq) are deleted:

| (b) | Chapter VI is amended as follows:






  (i) | in the first paragraph, the reference to "Article 12(5) of Regulation (EEC) No 3821/85 as last amended by Regulation (EC) No 2135/98" is replaced by "Article 24(5) of Regulation (EEC) No 3821/85"; |
| --- | --- | --- |

(b)

Chapter VI is amended as follows:

(i)

in the first paragraph, the reference to "Article 12(5) of Regulation (EEC) No 3821/85 as last amended by Regulation (EC) No 2135/98" is replaced by "Article 24(5) of Regulation (EEC) No 3821/85";

| (ii) | Section 1 "Approval of fitters or workshops" is deleted. |
| --- | --- |

(ii)

Section 1 "Approval of fitters or workshops" is deleted.

| (c) | In Chapter VIII, point 271, the reference to "Article 5 of this Regulation" is replaced by a reference to "Article 8 of this Regulation". |
| --- | --- |

(c)

In Chapter VIII, point 271, the reference to "Article 5 of this Regulation" is replaced by a reference to "Article 8 of this Regulation".

Article 2

Regulation (EC) No 561/2006 is amended as follows:

| (-1) | In Article 2, paragraph 1, point (a) is replaced by the following:










  “(a) | of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 2,8 tonnes, or”. [Am. 134] |
| --- | --- | --- |

(-1)

In Article 2, paragraph 1, point (a) is replaced by the following:

“(a)

of goods where the maximum permissible mass of the vehicle, including any trailer, or semi-trailer, exceeds 2,8 tonnes, or”. [Am. 134]

| (-1a) | In Article 3, the following point is inserted:










  “(aa) | vehicles or combinations of vehicles used for carrying materials, equipment or machinery for the driver's use in the course of his work, and which are used only within a 100 kilometre radius from the base of the undertaking and only on condition that driving the vehicle does not constitute the driver's main activity;”. [Ams 126+135] |
| --- | --- | --- |

(-1a)

In Article 3, the following point is inserted:

“(aa)

vehicles or combinations of vehicles used for carrying materials, equipment or machinery for the driver's use in the course of his work, and which are used only within a 100 kilometre radius from the base of the undertaking and only on condition that driving the vehicle does not constitute the driver's main activity;”. [Ams 126+135]

| (-1b) | In Article 7, the following paragraph is added:



  “By way of derogation from the first and second paragraphs, a driver engaged in the carriage of passengers shall, after a driving period of four-and-a-half hours, take a break of not less than 45 minutes. This break may be replaced by a number of breaks of at least 15 minutes.”. [Am. 127] |
| --- | --- |

(-1b)

In Article 7, the following paragraph is added:

| (-1c) | In Article 8, paragraph 6a is replaced by the following:




  "6a.
     
  By way of derogation from paragraph 6, a driver engaged in the carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services (27), may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period, provided that:










  (a) | the driver takes one regular weekly rest period after the use of the derogation; |
| --- | --- | --- |

(-1c)

In Article 8, paragraph 6a is replaced by the following:

"6a.
     
  By way of derogation from paragraph 6, a driver engaged in the carriage of passengers, as defined in Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services (27), may postpone the weekly rest period for up to 12 consecutive 24-hour periods following a previous regular weekly rest period, provided that:

(a)

the driver takes one regular weekly rest period after the use of the derogation;

| (b) | a total weekly rest period of 140 hours is observed within a four-week period. [Am. 128] |
| --- | --- |

(b)

a total weekly rest period of 140 hours is observed within a four-week period. [Am. 128]

| (1) | In Article 13, paragraph 1 is replaced by the following:


  "1.   Provided the objectives set out in Article 1 are not prejudiced, each Member State may grant exceptions from Articles 5 to 9 and make such exceptions subject to individual conditions on its own territory or, with the agreement of the States concerned, on the territory of another Member State, applicable to carriage by the following:






  (a) | vehicles owned or hired, without a driver, by public authorities to undertake carriage by road which do not compete with private transport undertakings; |
| --- | --- | --- |

(1)

In Article 13, paragraph 1 is replaced by the following:

"1.   Provided the objectives set out in Article 1 are not prejudiced, each Member State may grant exceptions from Articles 5 to 9 and make such exceptions subject to individual conditions on its own territory or, with the agreement of the States concerned, on the territory of another Member State, applicable to carriage by the following:

(a)

vehicles owned or hired, without a driver, by public authorities to undertake carriage by road which do not compete with private transport undertakings;

| (b) | vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100 km from the base of the undertaking; |
| --- | --- |

(b)

vehicles used or hired, without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity within a radius of up to 100 km from the base of the undertaking;

| (c) | agricultural tractors and forestry tractors used for agricultural or forestry activities, within a radius of up to 100 km from the base of the undertaking which owns, hires or leases the vehicle; |
| --- | --- |

(c)

agricultural tractors and forestry tractors used for agricultural or forestry activities, within a radius of up to 100 km from the base of the undertaking which owns, hires or leases the vehicle;

| (d) | vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used
  for the purpose of delivering postal items.
  These vehicles shall be used only within a
  100 kilometre
  radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity; [Am. 117] |
| --- | --- |

(d)

vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used
  for the purpose of delivering postal items.
  These vehicles shall be used only within a
  100 kilometre
  radius from the base of the undertaking, and on condition that driving the vehicles does not constitute the driver's main activity; [Am. 117]

| (e) | vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles; |
| --- | --- |

(e)

vehicles operating exclusively on islands not exceeding 2 300 square kilometres in area which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles;

| (f) | vehicles used for the carriage of goods within a
  100 km
  radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7,5 tonnes; |
| --- | --- |

(f)

vehicles used for the carriage of goods within a
  100 km
  radius from the base of the undertaking and propelled by means of natural or liquefied gas or electricity, the maximum permissible mass of which, including the mass of a trailer or semi-trailer, does not exceed 7,5 tonnes;

| (g) | vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers; |
| --- | --- |

(g)

vehicles used for driving instruction and examination with a view to obtaining a driving licence or a certificate of professional competence, provided that they are not being used for the commercial carriage of goods or passengers;

| (h) | vehicles used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road
  construction,
  maintenance and control, door-to-door household refuse collection and disposal, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers; [Am. 118] |
| --- | --- |

(h)

vehicles used in connection with sewerage, flood protection, water, gas and electricity maintenance services, road
  construction,
  maintenance and control, door-to-door household refuse collection and disposal, telegraph and telephone services, radio and television broadcasting, and the detection of radio or television transmitters or receivers; [Am. 118]

| (i) | vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers; |
| --- | --- |

(i)

vehicles with between 10 and 17 seats used exclusively for the non-commercial carriage of passengers;

| (j) | specialised vehicles transporting circus and funfair equipment; |
| --- | --- |

(j)

specialised vehicles transporting circus and funfair equipment;

| (k) | specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary; |
| --- | --- |

(k)

specially fitted mobile project vehicles, the primary purpose of which is use as an educational facility when stationary;

| (l) | vehicles used for milk collection from farms
  and/or
  the return to farms of milk containers or
  the delivery of
  milk products intended for animal feed; [Am. 119] |
| --- | --- |

(l)

vehicles used for milk collection from farms
  and/or
  the return to farms of milk containers or
  the delivery of
  milk products intended for animal feed; [Am. 119]

| (m) | specialised vehicles transporting money and/or valuables; |
| --- | --- |

(m)

specialised vehicles transporting money and/or valuables;

| (n) | vehicles used for carrying animal waste or carcasses which are not intended for human consumption; |
| --- | --- |

(n)

vehicles used for carrying animal waste or carcasses which are not intended for human consumption;

| (o) | vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals; |
| --- | --- |

(o)

vehicles used exclusively on roads inside hub facilities such as ports, interports and railway terminals;

| (p) | vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses within a radius of up to
  100 km. |
| --- | --- |

(p)

vehicles used for the carriage of live animals from farms to local markets and vice versa or from markets to local slaughterhouses within a radius of up to
  100 km.

| (q) | vehicles used in construction traffic for the supply and delivery of building materials." |
| --- | --- |

(q)

vehicles used in construction traffic for the supply and delivery of building materials."

Article 3

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

It shall apply with effect from [one year after entry into force] ... (28).

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 43, 15.2.2012, p. 79.

1

(2)  OJ C 37, 10.2.2012, p. 6.

2

(3)  Position of the European Parliament of 3 July 2012.

3

(4)  OJ L 370, 31.12.1985, p. 8.

4

(5)  OJ L 102, 11.4.2006, p. 1.

5

(6)  OJ L 102, 11.4.2006, p. 35.

6

(7)  OJ L 403, 30.12.2006, p. 18.

7

(8)  OJ L 281, 23.11.1995, p. 31.

8

(9)  OJ L 201, 31.7.2002, p. 37.

9

(10)  OJ L 29, 31.1.2009, p. 45.

10

(11)  OJ L 55, 28.2.2011, p. 13.

11

(12)  OJ L 102, 11.4.2006, p. 1.

12

(13)  OJ L 80, 23.3.2002, p. 35.

13

(14)  OJ L 57, 2.3.1992, p. 27.

14

(15)

15

| + | Date: two years after the date of entry into force of this Regulation. |
| --- | --- |

+

Date: two years after the date of entry into force of this Regulation.

(16)  OJ L 102, 11.4.2006, p. 35.

16

(17)  OJ L 207, 6.8.2010, p. 1."

17

(18)

18

| + | Date of entry into force of this Regulation. |
| --- | --- |

+

Date of entry into force of this Regulation.

(19)

19

| + | Date of entry into force of this Regulation. |
| --- | --- |

+

Date of entry into force of this Regulation.

(20)

20

| + | Date: six months after the date of entry into force of this Regulation. |
| --- | --- |

+

Date: six months after the date of entry into force of this Regulation.

(21)

21

| ++ | Date: 12 months after the date of entry into force of this Regulation. |
| --- | --- |

++

Date: 12 months after the date of entry into force of this Regulation.

(22)

22

| + | Date: 24 months after the date of entry into force of this Regulation. |
| --- | --- |

+

Date: 24 months after the date of entry into force of this Regulation.

(23)

23

| + | Date of application of this Regulation. |
| --- | --- |

+

Date of application of this Regulation.

(24)

24

| + | Date: two years after entry into force of this Regulation. |
| --- | --- |

+

Date: two years after entry into force of this Regulation.

(25)

25

| ++ | Date of entry into force of this Regulation. |
| --- | --- |

++

Date of entry into force of this Regulation.

(26)

26

| + | Date: 12 months after the date of entry into force of this Regulation. |
| --- | --- |

+

Date: 12 months after the date of entry into force of this Regulation.

(27)  

  OJ L 300, 14.11.2009, p. 88."

27

OJ L 300, 14.11.2009, p. 88."

(28)  Date: 12 months after the date of entry into force of this Regulation.

28

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/148 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/148

---

Tuesday 3 July 2012Customs enforcement of intellectual property rights ***I

P7_TA(2012)0272

European Parliament legislative resolution of 3 July 2012 on the proposal for a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights (COM(2011)0285 – C7-0139/2011 – 2011/0137(COD))

2013/C 349 E/22

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0285), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0285),

| — | having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0139/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 207 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0139/2011),

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

—

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

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on International Trade and the Committee on Legal Affairs (A7-0046/2012), |
| --- | --- |

—

having regard to the report of the Committee on the Internal Market and Consumer Protection and the opinions of the Committee on International Trade and the Committee on Legal Affairs (A7-0046/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

Tuesday 3 July 2012P7_TC1-COD(2011)0137

Position of the European Parliament adopted at first reading on 3 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council concerning customs enforcement of intellectual property rights

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 thereof,

Having regard to the proposal from the European Commission,

Having regard the opinion of the European Data Protection Supervisor (1),

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | The Council of the European Union requested, in its Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan (3), that Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (4) be reviewed. |
| --- | --- |

(1)

The Council of the European Union requested, in its Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and anti-piracy plan (3), that Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights (4) be reviewed.

| (2) | The marketing of goods infringing intellectual property rights does considerable damage to right-holders, law-abiding manufacturers and traders. It is also deceiving consumers, and could in some cases endanger their health and safety. Such goods should, in so far as is possible, be
  prevented from entering the customs territory of the Union and be
  kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade.
  For this reason, consumers need to be well-informed about the risks involved in purchasing those goods. [Am. 1] |
| --- | --- |

(2)

The marketing of goods infringing intellectual property rights does considerable damage to right-holders, law-abiding manufacturers and traders. It is also deceiving consumers, and could in some cases endanger their health and safety. Such goods should, in so far as is possible, be
  prevented from entering the customs territory of the Union and be
  kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade.
  For this reason, consumers need to be well-informed about the risks involved in purchasing those goods. [Am. 1]

| (3) | The review of Regulation (EC) No 1383/2003 showed that certain improvements to the legal framework were necessary to strengthen the enforcement of intellectual property rights
  by customs authorities
  , as well as to ensure appropriate legal clarity, thereby taking into account developments in the economic, commercial and legal areas. [Am. 2] |
| --- | --- |

(3)

The review of Regulation (EC) No 1383/2003 showed that certain improvements to the legal framework were necessary to strengthen the enforcement of intellectual property rights
  by customs authorities
  , as well as to ensure appropriate legal clarity, thereby taking into account developments in the economic, commercial and legal areas. [Am. 2]

| (4) | The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union,
  including goods placed under a suspensive procedure,
  with a view to enforcing intellectual property rights. Enforcing intellectual property rights at the border, wherever the goods are, or should have been, under ‘customs supervision’ as defined by Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5), makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end-use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriate not to apply this Regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved. [Am. 3] |
| --- | --- |

(4)

The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union,
  including goods placed under a suspensive procedure,
  with a view to enforcing intellectual property rights. Enforcing intellectual property rights at the border, wherever the goods are, or should have been, under ‘customs supervision’ as defined by Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5), makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end-use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriate not to apply this Regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved. [Am. 3]

| (5) | Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen the enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003. For the same

  that
  purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive property rights under national law, topographies of semiconductor products, utility models and devices to circumvent technological measures, as well as any exclusive intellectual property right established by Union legislation. [Am. 4] |
| --- | --- |

(5)

Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen the enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003. For the same

  that
  purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive property rights under national law, topographies of semiconductor products, utility models and devices to circumvent technological measures, as well as any exclusive intellectual property right established by Union legislation. [Am. 4]

| (5a) | Member States should commit sufficient resources to enable customs authorities to carry out their extended responsibilities and provide appropriate training for customs officials. The Commission and Member States should adopt guidelines to ensure the correct and uniform implementation of customs controls for the different types of infringements covered by this Regulation. [Am. 5] |
| --- | --- |

(5a)

Member States should commit sufficient resources to enable customs authorities to carry out their extended responsibilities and provide appropriate training for customs officials. The Commission and Member States should adopt guidelines to ensure the correct and uniform implementation of customs controls for the different types of infringements covered by this Regulation. [Am. 5]

| (5b) | This Regulation, when fully implemented, should further contribute to a single market which ensures more effective protection to right-holders, fuels creativity and innovation and provides consumers with reliable and high-quality products, which should in turn strengthen cross-border transactions between consumers, businesses and traders. [Am. 6] |
| --- | --- |

(5b)

This Regulation, when fully implemented, should further contribute to a single market which ensures more effective protection to right-holders, fuels creativity and innovation and provides consumers with reliable and high-quality products, which should in turn strengthen cross-border transactions between consumers, businesses and traders. [Am. 6]

| (5c) | The Commission should take all measures necessary to ensure harmonised application, without unnecessary delay, by the customs authorities of the new legal framework throughout the Union to ensure efficient enforcement of intellectual property rights, which would protect right-holders without hampering trade. The implementation of the Modernised Customs Code and in particular an inter-operable 'eCustoms' system could, in the future, facilitate such enforcement. [Am. 7] |
| --- | --- |

(5c)

The Commission should take all measures necessary to ensure harmonised application, without unnecessary delay, by the customs authorities of the new legal framework throughout the Union to ensure efficient enforcement of intellectual property rights, which would protect right-holders without hampering trade. The implementation of the Modernised Customs Code and in particular an inter-operable 'eCustoms' system could, in the future, facilitate such enforcement. [Am. 7]

| (5d) | Member States face increasingly limited resources in the field of customs. Therefore, any new regulation should not result in additional financial burdens for national authorities. The promotion of new risk management technologies and strategies to maximise resources available to national authorities should be supported. [Am. 8] |
| --- | --- |

(5d)

Member States face increasingly limited resources in the field of customs. Therefore, any new regulation should not result in additional financial burdens for national authorities. The promotion of new risk management technologies and strategies to maximise resources available to national authorities should be supported. [Am. 8]

| (6) | This Regulation contains procedural rules for customs authorities. Accordingly, this Regulation does not introduce

  set out
  any new criterion for ascertaining the existence of an infringement of the intellectual property law applicable. [Am. 9] |
| --- | --- |

(6)

This Regulation contains procedural rules for customs authorities. Accordingly, this Regulation does not introduce

  set out
  any new criterion for ascertaining the existence of an infringement of the intellectual property law applicable. [Am. 9]

| (7) | This Regulation should not affect the provisions on the competence of courts, in particular those of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (6). |
| --- | --- |

(7)

This Regulation should not affect the provisions on the competence of courts, in particular those of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (6).

| (8) | Any person, whether or not the holder of an intellectual property right, who is able to initiate legal proceedings in his/her own name with respect to a possible infringement of that right, should be entitled to submit an application for action by the customs authorities. |
| --- | --- |

(8)

Any person, whether or not the holder of an intellectual property right, who is able to initiate legal proceedings in his/her own name with respect to a possible infringement of that right, should be entitled to submit an application for action by the customs authorities.

| (9) | In order to ensure that intellectual property rights are enforced throughout the Union, it is appropriate to provide that, where a person entitled to submit an application for action seeks enforcement of an intellectual property right covering the whole territory of the Union, that person may request the customs authorities of a Member State to take a decision requiring action by the customs authorities of that Member State and of any other Member State where enforcement of the intellectual property right is sought. |
| --- | --- |

(9)

In order to ensure that intellectual property rights are enforced throughout the Union, it is appropriate to provide that, where a person entitled to submit an application for action seeks enforcement of an intellectual property right covering the whole territory of the Union, that person may request the customs authorities of a Member State to take a decision requiring action by the customs authorities of that Member State and of any other Member State where enforcement of the intellectual property right is sought.

| (10) | In order to ensure the swift enforcement of intellectual property rights, it should be provided that, where the customs authorities suspect, on the basis of adequate evidence

  having sufficient reason to believe this
  , that goods under their supervision infringe intellectual property rights, those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application, in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether an intellectual property right has been infringed. [Am. 10] |
| --- | --- |

(10)

In order to ensure the swift enforcement of intellectual property rights, it should be provided that, where the customs authorities suspect, on the basis of adequate evidence

  having sufficient reason to believe this
  , that goods under their supervision infringe intellectual property rights, those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application, in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether an intellectual property right has been infringed. [Am. 10]

| (10a) | Where goods in transit are suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right, the declarant or holder of the goods should bear the burden of proving the final destination of the goods. The final destination of the goods should be presumed to be the market of the Union in the absence of clear and convincing evidence to the contrary provided by the declarant, holder or owner of the goods. The Commission should adopt guidelines which will provide criteria for customs authorities to effectively assess their risk of deviation onto the market of the Union, taking into account the relevant case-law of the Court of Justice of the European Union. [Am. 11] |
| --- | --- |

(10a)

Where goods in transit are suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right, the declarant or holder of the goods should bear the burden of proving the final destination of the goods. The final destination of the goods should be presumed to be the market of the Union in the absence of clear and convincing evidence to the contrary provided by the declarant, holder or owner of the goods. The Commission should adopt guidelines which will provide criteria for customs authorities to effectively assess their risk of deviation onto the market of the Union, taking into account the relevant case-law of the Court of Justice of the European Union. [Am. 11]

| (11) | Where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, it may be difficult to determine upon mere visual examination by customs authorities whether an intellectual property right might be infringed. It is therefore appropriate to provide that proceedings should be initiated, unless the parties concerned, namely the holder of the goods and the right-holder, agree to abandon the goods for destruction. It should be for the competent authorities dealing with such proceedings to determine whether an intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned.
  [Am. 12] |
| --- | --- |

(11)

Where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, it may be difficult to determine upon mere visual examination by customs authorities whether an intellectual property right might be infringed. It is therefore appropriate to provide that proceedings should be initiated, unless the parties concerned, namely the holder of the goods and the right-holder, agree to abandon the goods for destruction. It should be for the competent authorities dealing with such proceedings to determine whether an intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned.
  [Am. 12]

| (12) | Regulation (EC) No 1383/2003 allowed Member States to provide for a procedure allowing the destruction of certain goods without there being any obligation to initiate proceedings to establish whether an intellectual property right has been infringed. As recognised in the European Parliament Resolution of 18 December 2008 on the impact of counterfeiting on international trade (7), this procedure has proved very successful in the Member States where it has been available. Therefore, such procedure should be made compulsory for those visible

  with regard to all
  infringements that are easy to identify upon mere visual examination by the customs authorities and should be applied at the right-holder’s request, where
  the right-holder has confirmed the infringement of an intellectual property right and agreed to destruction and where
  the declarant or holder of the goods does not object to destruction. [Am. 13] |
| --- | --- |

(12)

Regulation (EC) No 1383/2003 allowed Member States to provide for a procedure allowing the destruction of certain goods without there being any obligation to initiate proceedings to establish whether an intellectual property right has been infringed. As recognised in the European Parliament Resolution of 18 December 2008 on the impact of counterfeiting on international trade (7), this procedure has proved very successful in the Member States where it has been available. Therefore, such procedure should be made compulsory for those visible

  with regard to all
  infringements that are easy to identify upon mere visual examination by the customs authorities and should be applied at the right-holder’s request, where
  the right-holder has confirmed the infringement of an intellectual property right and agreed to destruction and where
  the declarant or holder of the goods does not object to destruction. [Am. 13]

| (13) | In order to reduce to the minimum the administrative burden and costs,
  without prejudice to the consumer's right to be duly informed within
  a
  reasonable time of the legal basis of the actions taken by the customs authorities,
  a specific procedure should be introduced for small consignments of counterfeit and pirated goods, which would allow for goods to be destroyed without the agreement of the right-holder
  where the right-holder has requested the use of the specific procedure in his application
  . In order to establish the thresholds under which consignments are to be considered as small consignments, this Regulation should delegate to the Commission the power to adopt non-legislative acts of general application in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level.
  [Am. 14] |
| --- | --- |

(13)

In order to reduce to the minimum the administrative burden and costs,
  without prejudice to the consumer's right to be duly informed within
  a
  reasonable time of the legal basis of the actions taken by the customs authorities,
  a specific procedure should be introduced for small consignments of counterfeit and pirated goods, which would allow for goods to be destroyed without the agreement of the right-holder
  where the right-holder has requested the use of the specific procedure in his application
  . In order to establish the thresholds under which consignments are to be considered as small consignments, this Regulation should delegate to the Commission the power to adopt non-legislative acts of general application in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level.
  [Am. 14]

| (14) | The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
  [Am. 15] |
| --- | --- |

(14)

The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.
  [Am. 15]

| (15) | For further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions, it is appropriate to modify the time limits for detaining goods suspected of infringing an intellectual property right, the conditions in which information about consignments is to be passed on to right-holders by customs authorities,
  and
  the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights
  .

  other than for counterfeit and pirated goods and

  Where customs authorities take action following the granting of an application, it is also appropriate
  to introduce a provision allowing the holder of the goods to express his/her views before the customs administration takes a decision which would adversely affect him/her

  suspends the release of or detains goods suspected of infringing intellectual property rights that are not counterfeit or pirated goods, as it may be difficult for customs authorities to determine upon mere visual examination whether an intellectual property right might be infringed
  . [Am. 16] |
| --- | --- |

(15)

For further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions, it is appropriate to modify the time limits for detaining goods suspected of infringing an intellectual property right, the conditions in which information about consignments is to be passed on to right-holders by customs authorities,
  and
  the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights
  .

  other than for counterfeit and pirated goods and

  Where customs authorities take action following the granting of an application, it is also appropriate
  to introduce a provision allowing the holder of the goods to express his/her views before the customs administration takes a decision which would adversely affect him/her

  suspends the release of or detains goods suspected of infringing intellectual property rights that are not counterfeit or pirated goods, as it may be difficult for customs authorities to determine upon mere visual examination whether an intellectual property right might be infringed
  . [Am. 16]

| (16) | Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of this Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those notifications are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties

  have been received
  . The period allowing for a right to be heard before an adverse decision is taken

  the suspension of release or detention of goods other than counterfeit or pirated goods
  should be three working days, given that

  after receipt where
  the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities, that

  the right to be heard should be granted for all types of goods and the
  period
  allowing for that right
  should be significantly extended.
  Taking into account the potential workload of the customs enforcement provided for in this Regulation, the customs authorities should give preference to handling large consignments. [Am. 17] |
| --- | --- |

(16)

Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of this Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those notifications are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties

  have been received
  . The period allowing for a right to be heard before an adverse decision is taken

  the suspension of release or detention of goods other than counterfeit or pirated goods
  should be three working days, given that

  after receipt where
  the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities, that

  the right to be heard should be granted for all types of goods and the
  period
  allowing for that right
  should be significantly extended.
  Taking into account the potential workload of the customs enforcement provided for in this Regulation, the customs authorities should give preference to handling large consignments. [Am. 17]

| (17) | Under the "Declaration on the TRIPS Agreement and Public Health" adopted by the Doha World Trade Organisation (WTO) Ministerial Conference on 14 November 2001, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all. In

  It is therefore of
  particular
  importance that customs authorities ensure that any measures taken up by them are in line
  with regard to

  the Union's international commitments and its development cooperation policy under Article 208 of the Treaty on the Functioning of the European Union, and do not detain or suspend the release of generic
  medicines the passage of which across this

  the
  territory of the European Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, is only a portion of a complete journey beginning and terminating beyond the territory of the Union, customs authorities should, when assessing a risk of infringement of intellectual property rights, take account of any substantial likelihood of diversion of these goods onto the market of

  where there is no clear and convincing evidence that they are intended for sale in
  the Union. [Am. 109, 126 and 153] |
| --- | --- |

(17)

Under the "Declaration on the TRIPS Agreement and Public Health" adopted by the Doha World Trade Organisation (WTO) Ministerial Conference on 14 November 2001, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all. In

  It is therefore of
  particular
  importance that customs authorities ensure that any measures taken up by them are in line
  with regard to

  the Union's international commitments and its development cooperation policy under Article 208 of the Treaty on the Functioning of the European Union, and do not detain or suspend the release of generic
  medicines the passage of which across this

  the
  territory of the European Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, is only a portion of a complete journey beginning and terminating beyond the territory of the Union, customs authorities should, when assessing a risk of infringement of intellectual property rights, take account of any substantial likelihood of diversion of these goods onto the market of

  where there is no clear and convincing evidence that they are intended for sale in
  the Union. [Am. 109, 126 and 153]

| (17a) | Medicines that bear a false trademark or trade description misrepresent their origin and quality level and thus should be treated as falsified medicines under Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified medicinal products (8). Adequate measures should be taken to prevent such products from reaching patients and consumers, without hindering legal generic medicine from transiting the customs territory of the Union. By ... (9) the Commission should present a report analysing the effectiveness of current customs measures aimed at combating trade in falsified medicines, and the possible negative impact on the access of generic medicine in relation to this. [Am. 110, 127 and 154] |
| --- | --- |

(17a)

Medicines that bear a false trademark or trade description misrepresent their origin and quality level and thus should be treated as falsified medicines under Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified medicinal products (8). Adequate measures should be taken to prevent such products from reaching patients and consumers, without hindering legal generic medicine from transiting the customs territory of the Union. By ... (9) the Commission should present a report analysing the effectiveness of current customs measures aimed at combating trade in falsified medicines, and the possible negative impact on the access of generic medicine in relation to this. [Am. 110, 127 and 154]

| (17b) | In order to step up action against infringements of intellectual property rights, the European Observatory on Infringements of Intellectual Property Rights should play an important role in providing customs authorities with useful information enabling them to act quickly and effectively. [Am. 20] |
| --- | --- |

(17b)

In order to step up action against infringements of intellectual property rights, the European Observatory on Infringements of Intellectual Property Rights should play an important role in providing customs authorities with useful information enabling them to act quickly and effectively. [Am. 20]

| (17c) | Countering intellectual property rights infringements at the Union's external borders should be combined with targeted efforts at source. This requires cooperation both with third countries and at international level, where the Commission and Member States should build respect and promote high standards of protection for intellectual property rights. This should consist of endorsing the inclusion and enforcement of intellectual property rights in trade agreements, of technical cooperation, of encouraging discussion in the various international fora, of communication and exchange of information, as well as of further steps in operational cooperation with third countries and the industries concerned. [Am. 21] |
| --- | --- |

(17c)

Countering intellectual property rights infringements at the Union's external borders should be combined with targeted efforts at source. This requires cooperation both with third countries and at international level, where the Commission and Member States should build respect and promote high standards of protection for intellectual property rights. This should consist of endorsing the inclusion and enforcement of intellectual property rights in trade agreements, of technical cooperation, of encouraging discussion in the various international fora, of communication and exchange of information, as well as of further steps in operational cooperation with third countries and the industries concerned. [Am. 21]

| (17d) | With a view to eliminating international trade in goods infringing intellectual property rights, Article 69 of the TRIPS Agreement provides that WTO Members are to promote the exchange of information between customs authorities on trade in goods infringing intellectual property rights. Such exchange of information should allow trafficking networks to be tracked in order to stop the manufacture and distribution of goods infringing intellectual property rights at an earlier stage of the supply chain. It is therefore necessary to establish the conditions for the exchange of information between customs authorities in the Union and relevant authorities in third countries, including on data protection. [Am. 22] |
| --- | --- |

(17d)

With a view to eliminating international trade in goods infringing intellectual property rights, Article 69 of the TRIPS Agreement provides that WTO Members are to promote the exchange of information between customs authorities on trade in goods infringing intellectual property rights. Such exchange of information should allow trafficking networks to be tracked in order to stop the manufacture and distribution of goods infringing intellectual property rights at an earlier stage of the supply chain. It is therefore necessary to establish the conditions for the exchange of information between customs authorities in the Union and relevant authorities in third countries, including on data protection. [Am. 22]

| (17e) | In line with the Union's goal of strengthening international cooperation in the fight against counterfeiting, piracy and illicit parallel trade in goods infringing the intellectual property of registered right-holders, the European Observatory on Infringements of Intellectual Property Rights has a key role to play by providing all customs authorities of Member States with relevant and timely information to conduct appropriate controls of authorised importers and distributors of goods suspected of infringing an intellectual property right in the internal market as well as exporters thereof to foreign markets. That role could be further enhanced by the creation of a database of genuine Union products and services protected by registered trademarks, designs and patents and which could also be made available to foreign customs authorities cooperating with the Union on better intellectual property rights protection and enforcement. [Am. 23] |
| --- | --- |

(17e)

In line with the Union's goal of strengthening international cooperation in the fight against counterfeiting, piracy and illicit parallel trade in goods infringing the intellectual property of registered right-holders, the European Observatory on Infringements of Intellectual Property Rights has a key role to play by providing all customs authorities of Member States with relevant and timely information to conduct appropriate controls of authorised importers and distributors of goods suspected of infringing an intellectual property right in the internal market as well as exporters thereof to foreign markets. That role could be further enhanced by the creation of a database of genuine Union products and services protected by registered trademarks, designs and patents and which could also be made available to foreign customs authorities cooperating with the Union on better intellectual property rights protection and enforcement. [Am. 23]

| (18) | In the interest of efficiency, the provisions of Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters (10), should apply. |
| --- | --- |

(18)

In the interest of efficiency, the provisions of Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs or agricultural matters (10), should apply.

| (19) | The liability of the customs authorities should be governed by the legislation of the Member States, though the granting by the customs authorities of an application for action should not entitle the holder of the decision to compensation in the event that such goods are not detected by a customs office and are released or no action is taken to detain them. |
| --- | --- |

(19)

The liability of the customs authorities should be governed by the legislation of the Member States, though the granting by the customs authorities of an application for action should not entitle the holder of the decision to compensation in the event that such goods are not detected by a customs office and are released or no action is taken to detain them.

| (20) | Given that customs authorities take action upon prior application, the holder of the decision granting an application for action by the customs authorities should reimburse all the costs incurred by the customs authorities in taking action to enforce his or her intellectual property rights. Nevertheless, this should not preclude the holder of the decision from seeking

  should have the right to seek
  compensation from the infringer or other persons that might be considered liable under the legislation of the Member State concerned
  , for example certain intermediaries such as carriers
  . Costs and damages incurred by persons other than customs administrations as a result of a customs action, where the goods are detained on the basis of a claim of a third party based on intellectual property, should be governed by the specific legislation in each particular case. [Am. 24] |
| --- | --- |

(20)

Given that customs authorities take action upon prior application, the holder of the decision granting an application for action by the customs authorities should reimburse all the costs incurred by the customs authorities in taking action to enforce his or her intellectual property rights. Nevertheless, this should not preclude the holder of the decision from seeking

  should have the right to seek
  compensation from the infringer or other persons that might be considered liable under the legislation of the Member State concerned
  , for example certain intermediaries such as carriers
  . Costs and damages incurred by persons other than customs administrations as a result of a customs action, where the goods are detained on the basis of a claim of a third party based on intellectual property, should be governed by the specific legislation in each particular case. [Am. 24]

| (20a) | This Regulation introduces the possibility for customs authorities to allow goods abandoned for destruction to be moved, under customs supervision, between different places within the customs territory of the Union. Customs authorities should be encouraged to make use of that possibility in order to facilitate the economically and environmentally sound destruction of those goods, as well as for educational and exhibition purposes, while providing for appropriate security measures. [Am. 25] |
| --- | --- |

(20a)

This Regulation introduces the possibility for customs authorities to allow goods abandoned for destruction to be moved, under customs supervision, between different places within the customs territory of the Union. Customs authorities should be encouraged to make use of that possibility in order to facilitate the economically and environmentally sound destruction of those goods, as well as for educational and exhibition purposes, while providing for appropriate security measures. [Am. 25]

| (21) | Customs enforcement of intellectual property law will entail the exchange of data on decisions relating to applications for action. Such processing of data covers also personal data which should be carried out in accordance with Union law, as set out, in particular, in 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 (11) 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 Community institutions and bodies and on the free movement of such data (12). |
| --- | --- |

(21)

Customs enforcement of intellectual property law will entail the exchange of data on decisions relating to applications for action. Such processing of data covers also personal data which should be carried out in accordance with Union law, as set out, in particular, in 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 (11) 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 Community institutions and bodies and on the free movement of such data (12).

| (21a) | The following elements of the database should be defined in Union legislation: the entity which will control and manage the database and the entity in charge of ensuring the security of the processing of the data contained in the database. Introducing any type of possible interoperability or exchange should first and foremost comply with the purpose limitation principle, namely that data should be used for the purpose for which the database has been established, and no further exchange or interconnection should be allowed other than for that purpose. [Am. 26] |
| --- | --- |

(21a)

The following elements of the database should be defined in Union legislation: the entity which will control and manage the database and the entity in charge of ensuring the security of the processing of the data contained in the database. Introducing any type of possible interoperability or exchange should first and foremost comply with the purpose limitation principle, namely that data should be used for the purpose for which the database has been established, and no further exchange or interconnection should be allowed other than for that purpose. [Am. 26]

| (22) | In order to ensure uniform conditions for the implementation of the provisions concerning the forms for the application for action by the customs authorities and for requesting the extension of the period during which customs authorities are to take action, implementing powers should be conferred on the Commission, namely to establish standard forms. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (13). |
| --- | --- |

(22)

In order to ensure uniform conditions for the implementation of the provisions concerning the forms for the application for action by the customs authorities and for requesting the extension of the period during which customs authorities are to take action, implementing powers should be conferred on the Commission, namely to establish standard forms. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (13).

| (23) | Although the subject of the provisions of this Regulation to be implemented falls within the scope of the common commercial policy, given the nature and impacts of the implementing acts, the advisory procedure should be used for their adoption. |
| --- | --- |

(23)

Although the subject of the provisions of this Regulation to be implemented falls within the scope of the common commercial policy, given the nature and impacts of the implementing acts, the advisory procedure should be used for their adoption.

| (24) | Regulation (EC) No 1383/2003 should be repealed, |
| --- | --- |

(24)

Regulation (EC) No 1383/2003 should be repealed,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1

Subject matter and scope

1.   This Regulation sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing an intellectual property right are, or should have been, subject to customs supervision within the customs territory of the Union.

2.   This Regulation shall not apply to goods that have been released for free circulation under the end-use regime within the meaning of Article 82 of Regulation (EEC) No 2913/92.

3.   This Regulation shall not affect in any way the laws of the Member States and of the Union on intellectual property.

4.   This Regulation shall not apply to goods of a non-commercial nature contained in travellers’ personal luggage.

4a.
     
  This Regulation shall apply to goods in transit through the customs territory of the Union which are suspected of infringing an intellectual property right. [Am. 27]

Article 2

Definitions

For the purposes of this Regulation:

| (1) | ‘intellectual property rights’ means:






  (a) | a trade mark; |
| --- | --- | --- |

(1)

‘intellectual property rights’ means:

(a)

a trade mark;

| (b) | a design; |
| --- | --- |

(b)

a design;

| (c) | a copyright or any related right as provided for by the legislation of a Member State; |
| --- | --- |

(c)

a copyright or any related right as provided for by the legislation of a Member State;

| (d) | a geographical indication; |
| --- | --- |

(d)

a geographical indication;

| (e) | a patent as provided for by the legislation of a Member State; |
| --- | --- |

(e)

a patent as provided for by the legislation of a Member State;

| (f) | a supplementary protection certificate for medicinal products as provided for in Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (14); |
| --- | --- |

(f)

a supplementary protection certificate for medicinal products as provided for in Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (14);

| (g) | a supplementary protection certificate for plant protection products as provided for in Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (15); |
| --- | --- |

(g)

a supplementary protection certificate for plant protection products as provided for in Regulation (EC) No 1610/96 of the European Parliament and of the Council of 23 July 1996 concerning the creation of a supplementary protection certificate for plant protection products (15);

| (h) | a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (16); |
| --- | --- |

(h)

a Community plant variety right as provided for in Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (16);

| (i) | a plant variety right as provided for by the legislation of a Member State; |
| --- | --- |

(i)

a plant variety right as provided for by the legislation of a Member State;

| (j) | a topography of semiconductor product as provided for by the legislation of a Member State; |
| --- | --- |

(j)

a topography of semiconductor product as provided for by the legislation of a Member State;

| (k) | a utility model as provided for

  insofar as it is protected as an exclusive intellectual property right
  by the legislation of a Member State; [Am. 28] |
| --- | --- |

(k)

a utility model as provided for

  insofar as it is protected as an exclusive intellectual property right
  by the legislation of a Member State; [Am. 28]

| (l) | a trade name in so far as it is protected as an exclusive intellectual property right by the legislation of a Member State; |
| --- | --- |

(l)

a trade name in so far as it is protected as an exclusive intellectual property right by the legislation of a Member State;

| (m) | any other right that is established as an exclusive intellectual property right by Union legislation; |
| --- | --- |

(m)

any other right that is established as an exclusive intellectual property right by Union legislation;

| (2) | ‘trade mark’ means:






  (a) | a Community trade mark as provided for in Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (17); |
| --- | --- | --- |

(2)

‘trade mark’ means:

(a)

a Community trade mark as provided for in Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (17);

| (b) | a trade mark registered in a Member State, or, in the case of Belgium, the Netherlands or Luxembourg, at the Benelux Office for Intellectual Property; |
| --- | --- |

(b)

a trade mark registered in a Member State, or, in the case of Belgium, the Netherlands or Luxembourg, at the Benelux Office for Intellectual Property;

| (c) | a trade mark registered under international arrangements which have effect in a Member State; |
| --- | --- |

(c)

a trade mark registered under international arrangements which have effect in a Member State;

| (d) | a trade mark registered under international arrangements which have effect in the Union; |
| --- | --- |

(d)

a trade mark registered under international arrangements which have effect in the Union;

| (3) | ‘design’ means:






  (a) | a Community design as provided for in Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (18); |
| --- | --- | --- |

(3)

‘design’ means:

(a)

a Community design as provided for in Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (18);

| (b) | a design registered in a Member State; |
| --- | --- |

(b)

a design registered in a Member State;

| (c) | a design registered under international arrangements which have effect in a Member State; |
| --- | --- |

(c)

a design registered under international arrangements which have effect in a Member State;

| (d) | a design registered under international arrangements which have effect in the Union; |
| --- | --- |

(d)

a design registered under international arrangements which have effect in the Union;

| (4) | ‘geographical indication’ means:






  (a) | a geographical indication or designation of origin protected for agricultural products and foodstuff as provided for 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 (19); |
| --- | --- | --- |

(4)

‘geographical indication’ means:

(a)

a geographical indication or designation of origin protected for agricultural products and foodstuff as provided for 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 (19);

| (b) | a designation of origin or geographical indication for wine as provided for in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (20); |
| --- | --- |

(b)

a designation of origin or geographical indication for wine as provided for in Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (20);

| (c) | a geographical designation for aromatised wine as provided for in Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wine-product cocktails (21); |
| --- | --- |

(c)

a geographical designation for aromatised wine as provided for in Council Regulation (EEC) No 1601/91 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatized wines, aromatized wine- based drinks and aromatized wine-product cocktails (21);

| (d) | a geographical indication of spirit drinks as provided for in 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 (22); |
| --- | --- |

(d)

a geographical indication of spirit drinks as provided for in 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 (22);

| (e) | a geographical indication for products other than wines, spirits, agricultural products or foodstuff in so far as it is established as an exclusive intellectual property right by legislation of a Member State or the Union; |
| --- | --- |

(e)

a geographical indication for products other than wines, spirits, agricultural products or foodstuff in so far as it is established as an exclusive intellectual property right by legislation of a Member State or the Union;

| (f) | a geographical indication as provided for in Agreements between the Union and third countries and as such listed in those Agreements; |
| --- | --- |

(f)

a geographical indication as provided for in Agreements between the Union and third countries and as such listed in those Agreements;

| (5) | ‘counterfeit goods’ means:






  (a) | goods which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark
  , as well as any trade mark sign, even if presented separately, and packaging bearing the trade marks of the counterfeit goods
  ; [Am. 29] |
| --- | --- | --- |

(5)

‘counterfeit goods’ means:

(a)

goods which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark
  , as well as any trade mark sign, even if presented separately, and packaging bearing the trade marks of the counterfeit goods
  ; [Am. 29]

| (b) | goods which are subject of an action infringing a geographical indication and bear or are described by a name or term protected in respect of that geographical indication; |
| --- | --- |

(b)

goods which are subject of an action infringing a geographical indication and bear or are described by a name or term protected in respect of that geographical indication;

| (6) | ‘pirated goods’ means goods which are the subject of an action infringing a copyright or related right or a design and which are or contain copies made without the consent of the holder of a copyright or related right or a design, regardless of whether it is registered, or of a person authorised by that holder in the country of production; |
| --- | --- |

(6)

‘pirated goods’ means goods which are the subject of an action infringing a copyright or related right or a design and which are or contain copies made without the consent of the holder of a copyright or related right or a design, regardless of whether it is registered, or of a person authorised by that holder in the country of production;

| (7) | ‘goods suspected of infringing an intellectual property right’ means goods with regard to which there is adequate evidence

  are sufficient reasons
  to satisfy customs authorities that, in the Member State where these goods are found, are prima facie: [Am. 30]







  (a) | goods which are subject of an action infringing an intellectual property right under

  in
  the law of the Union or of that Member State
  where the goods are found
  ; [Am. 31] |
| --- | --- | --- |

(7)

‘goods suspected of infringing an intellectual property right’ means goods with regard to which there is adequate evidence

  are sufficient reasons
  to satisfy customs authorities that, in the Member State where these goods are found, are prima facie: [Am. 30]

(a)

goods which are subject of an action infringing an intellectual property right under

  in
  the law of the Union or of that Member State
  where the goods are found
  ; [Am. 31]

| (b) | devices, products or components which circumvent any technology, device or component that, in the normal course of its operation, prevents or restricts acts in respect of works which are not authorised by the right-holder of any copyright or right related to copyright and which infringe an intellectual property right under the law of that Member state; |
| --- | --- |

(b)

devices, products or components which circumvent any technology, device or component that, in the normal course of its operation, prevents or restricts acts in respect of works which are not authorised by the right-holder of any copyright or right related to copyright and which infringe an intellectual property right under the law of that Member state;

| (c) | any mould or matrix which is specifically designed or adapted for the manufacture of goods infringing an intellectual property right, if such moulds or matrices infringe the right-holder's rights under Union law or

  in
  the law of that Member State
  where the goods are found
  ; [Am. 32] |
| --- | --- |

(c)

any mould or matrix which is specifically designed or adapted for the manufacture of goods infringing an intellectual property right, if such moulds or matrices infringe the right-holder's rights under Union law or

  in
  the law of that Member State
  where the goods are found
  ; [Am. 32]

| (8) | ‘application’ means a request made to the customs authorities to take action where goods are suspected of infringing an intellectual property right; |
| --- | --- |

(8)

‘application’ means a request made to the customs authorities to take action where goods are suspected of infringing an intellectual property right;

| (9) | ‘national application’ means an application requesting the customs authorities of a Member State to take action in that Member State; |
| --- | --- |

(9)

‘national application’ means an application requesting the customs authorities of a Member State to take action in that Member State;

| (10) | ‘Union application’ means an application submitted in one Member State and requesting the customs authorities of that Member State and of one or more other Member States to take action in their respective Member States; |
| --- | --- |

(10)

‘Union application’ means an application submitted in one Member State and requesting the customs authorities of that Member State and of one or more other Member States to take action in their respective Member States;

| (11) | ‘applicant’ means the person who submits an application in his or her own name; |
| --- | --- |

(11)

‘applicant’ means the person who submits an application in his or her own name;

| (12) | ‘holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control over them; |
| --- | --- |

(12)

‘holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control over them;

| (13) | ‘declarant’ means the declarant as referred to

  person lodging a declaration
  in Article 4(18) of Regulation (EEC) No 2913/92

  his or her own name or the person in whose name a customs declaration is made
  ; [Am. 33] |
| --- | --- |

(13)

‘declarant’ means the declarant as referred to

  person lodging a declaration
  in Article 4(18) of Regulation (EEC) No 2913/92

  his or her own name or the person in whose name a customs declaration is made
  ; [Am. 33]

| (14) | ‘destruction’ means the physical destruction, recycling or disposal of goods outside commercial channels, in such a way as to preclude injury to the holder of the decision granting the application; |
| --- | --- |

(14)

‘destruction’ means the physical destruction, recycling or disposal of goods outside commercial channels, in such a way as to preclude injury to the holder of the decision granting the application;

| (15) | ‘customs supervision’ means
  action taken in general by
  the supervision by customs authorities as referred to in Article 4(13) of Regulation (EEC) No 2913/92

  with a view to ensuring that customs legislation and, where appropriate, other provisions applicable to goods subject to such action are observed
  ; [Am. 34] |
| --- | --- |

(15)

‘customs supervision’ means
  action taken in general by
  the supervision by customs authorities as referred to in Article 4(13) of Regulation (EEC) No 2913/92

  with a view to ensuring that customs legislation and, where appropriate, other provisions applicable to goods subject to such action are observed
  ; [Am. 34]

| (16) | ‘customs territory of the Union’ means the customs territory of the Community as referred to in Article 3 of Regulation (EEC) No 2913/92; |
| --- | --- |

(16)

‘customs territory of the Union’ means the customs territory of the Community as referred to in Article 3 of Regulation (EEC) No 2913/92;

| (17) | ‘release of the goods’ means the act whereby the customs authorities make goods available for the purposes specified for the customs procedure under which they are placed; |
| --- | --- |

(17)

‘release of the goods’ means the act whereby the customs authorities make goods available for the purposes specified for the customs procedure under which they are placed;

| (17a) | ‘small consignment’ means a single package of commercial nature which:










  (a) | includes fewer than three items; or |
| --- | --- | --- |

(17a)

‘small consignment’ means a single package of commercial nature which:

(a)

includes fewer than three items; or

| (b) | includes items of a total weight of less than 2 kilograms; [Am. 35] |
| --- | --- |

(b)

includes items of a total weight of less than 2 kilograms; [Am. 35]

| (17b) | ‘perishable good’ means a good that is liable to significantly reduce in value over time or, because of its nature, is in danger of being destroyed. [Am. 36] |
| --- | --- |

(17b)

‘perishable good’ means a good that is liable to significantly reduce in value over time or, because of its nature, is in danger of being destroyed. [Am. 36]

Article 3

Applicable law

Without prejudice to Article 8 of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (23), the law of the Member State where the goods are found in one of the situations referred to in Article 1(1) shall apply for the purpose of determining whether the use of those goods gives rise to suspicion of infringement of an intellectual property right or has infringed an intellectual property right.

CHAPTER II

APPLICATIONS FOR ACTION BY THE CUSTOMS AUTHORITIES

Section 1

SUBMISSION OF APPLICATIONS FOR ACTION

Article 4

Persons entitled to submit an application

1.   The persons entitled to submit a national or a Union application shall be any of the following:

| (a) | holders of intellectual property rights; |
| --- | --- |

(a)

holders of intellectual property rights;

| (b) | intellectual property collective rights management bodies which are regularly recognised as having a right to represent

  lawfully representing
  holders of copyrights or related rights; [Am. 37] |
| --- | --- |

(b)

intellectual property collective rights management bodies which are regularly recognised as having a right to represent

  lawfully representing
  holders of copyrights or related rights; [Am. 37]

| (c) | professional defence bodies which are regularly recognised as having a right to represent

  lawfully representing
  holders of intellectual property rights; [Am. 38] |
| --- | --- |

(c)

professional defence bodies which are regularly recognised as having a right to represent

  lawfully representing
  holders of intellectual property rights; [Am. 38]

| (d) | groups within the meaning of Article 5(1) of Regulation (EC) No 510/2006, groups of producers in the meaning of Article 118e of Regulation (EC) No 1234/2007 or similar groups of producers provided for in the legislation of the Union governing geographical indications representing producers of a geographical indication or representatives of such groups; operators entitled to use a geographical indication; as well as inspection bodies competent for such a geographical indication. |
| --- | --- |

(d)

groups within the meaning of Article 5(1) of Regulation (EC) No 510/2006, groups of producers in the meaning of Article 118e of Regulation (EC) No 1234/2007 or similar groups of producers provided for in the legislation of the Union governing geographical indications representing producers of a geographical indication or representatives of such groups; operators entitled to use a geographical indication; as well as inspection bodies competent for such a geographical indication.

2.   In addition to the persons set out in paragraph 1, any of the following shall be entitled to submit a national application:

| (a) | all other persons authorised to use intellectual property rights; |
| --- | --- |

(a)

all other persons authorised to use intellectual property rights;

| (b) | groups of producers provided for in the legislation of the Member States governing geographical indications representing producers of a geographical indication or representatives of such groups, operators entitled to use a geographical indication, as well as inspection bodies competent for such a geographical indication. |
| --- | --- |

(b)

groups of producers provided for in the legislation of the Member States governing geographical indications representing producers of a geographical indication or representatives of such groups, operators entitled to use a geographical indication, as well as inspection bodies competent for such a geographical indication.

3.   In addition to the persons set out in paragraph 1, the holder of an exclusive license covering the customs territory of the Union shall be entitled to submit a Union application.

4.   All persons entitled to submit an application under paragraphs 1, 2 and 3 must be able to initiate proceedings for infringement of intellectual property rights in the Member State where the goods are found.

Article 5

Intellectual property rights covered by Union applications

A Union application may be submitted with respect to any intellectual property right applying throughout the Union.

Article 6

Submission of applications

1.   The persons referred to in Article 4 may request action by the customs authorities where the use of goods is suspected of infringing an intellectual property right by submitting an application to the competent customs department. The application shall be made out on the form referred to in paragraph 3.

1a.
     
  The persons referred to in Article 4 shall only submit one application for each intellectual property right protected in a Member State or in the Union. [Am. 39]

2.   Each Member State shall designate the customs department competent to receive and process applications. The Member State shall inform the Commission accordingly and the Commission shall make public the list of competent customs departments designated by the Member States.

3.   The Commission shall establish an application form by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).
  When exercising its implementing power, the Commission shall consult the European Data Protection Supervisor. [Am. 40]

The form shall, in particular, require the following information to be provided by the applicant:

| (a) | details of the applicant; |
| --- | --- |

(a)

details of the applicant;

| (b) | status of the applicant within the meaning of Article 4; |
| --- | --- |

(b)

status of the applicant within the meaning of Article 4;

| (c) | supporting documents to be provided to satisfy the customs department that the applicant is a person entitled to submit the application; |
| --- | --- |

(c)

supporting documents to be provided to satisfy the customs department that the applicant is a person entitled to submit the application;

| (d) | the empowerment of natural or legal persons representing the applicant, in accordance with the legislation of the Member State in which the application is filed; |
| --- | --- |

(d)

the empowerment of natural or legal persons representing the applicant, in accordance with the legislation of the Member State in which the application is filed;

| (e) | the intellectual property right or rights to be enforced; |
| --- | --- |

(e)

the intellectual property right or rights to be enforced;

| (f) | in the case of a Union application, the Member State or Member States in which customs action is requested; |
| --- | --- |

(f)

in the case of a Union application, the Member State or Member States in which customs action is requested;

| (g) | specific and technical data on the authentic goods, including
  marking, such as bar-coding, and
  images where appropriate; [Am. 41] |
| --- | --- |

(g)

specific and technical data on the authentic goods, including
  marking, such as bar-coding, and
  images where appropriate; [Am. 41]

| (h) | the information, to be attached to the form, needed to enable the customs authorities to readily identify the goods in question; |
| --- | --- |

(h)

the information, to be attached to the form, needed to enable the customs authorities to readily identify the goods in question;

| (i) | any information relevant to the customs authorities' analysis and assessment of the risk of infringement of the intellectual property right(s) concerned
  , such as the authorised distributors
  ; [Am. 42] |
| --- | --- |

(i)

any information relevant to the customs authorities' analysis and assessment of the risk of infringement of the intellectual property right(s) concerned
  , such as the authorised distributors
  ; [Am. 42]

| (j) | name(s) and address(es) of the representative(s) of the applicant in charge of legal and technical matters; |
| --- | --- |

(j)

name(s) and address(es) of the representative(s) of the applicant in charge of legal and technical matters;

| (k) | undertaking by the applicant to notify the competent customs department of any of the situations laid down in Article 14; |
| --- | --- |

(k)

undertaking by the applicant to notify the competent customs department of any of the situations laid down in Article 14;

| (l) | undertaking by the applicant to forward and update any information relevant to the customs authorities' analysis and assessment of the risk of infringement of the intellectual property right(s) concerned; |
| --- | --- |

(l)

undertaking by the applicant to forward and update any information relevant to the customs authorities' analysis and assessment of the risk of infringement of the intellectual property right(s) concerned;

| (m) | undertaking by the applicant to assume liability under the conditions laid down in Article 26; |
| --- | --- |

(m)

undertaking by the applicant to assume liability under the conditions laid down in Article 26;

| (n) | undertaking by the applicant to bear the costs referred to in Article 27 under the conditions laid down in that Article; |
| --- | --- |

(n)

undertaking by the applicant to bear the costs referred to in Article 27 under the conditions laid down in that Article;

| (o) | undertaking by the applicant to agree that the data provided by him/her will be processed by the Commission;
  [Am. 43] |
| --- | --- |

(o)

undertaking by the applicant to agree that the data provided by him/her will be processed by the Commission;
  [Am. 43]

The application shall contain the information that must be provided to the data subject pursuant to Regulation (EC) No 45/2001 and the national laws implementing Directive 95/46/EC. [Am. 44]

4.   Where computerised systems are available for the purpose of receiving and processing applications, applications shall be submitted using electronic data-processing techniques.
  Member States shall make such systems available no later than 1 January 2014. [Am. 45]

5.   Where an application is submitted after notification by the customs authorities of the suspension of the release or detention of the goods in accordance with Article 17(4), that application shall comply with the following additional requirements:

| (a) | it shall be submitted to the competent customs department within four working days of the notification of the suspension of the release or detention of the goods; |
| --- | --- |

(a)

it shall be submitted to the competent customs department within four working days of the notification of the suspension of the release or detention of the goods;

| (b) | it shall be a national application; |
| --- | --- |

(b)

it shall be a national application;

| (c) | it shall contain the information required in paragraph 3. However, the applicant shall be allowed to omit the particulars mentioned in points (g) to (i) of paragraph 3. |
| --- | --- |

(c)

it shall contain the information required in paragraph 3. However, the applicant shall be allowed to omit the particulars mentioned in points (g) to (i) of paragraph 3.

Section 2

DECISIONS ON APPLICATIONS FOR ACTION

Article 7

Processing of applications

1.   Where, on receipt of an application, the competent customs department considers that it does not contain all the information required by Article 6(3), the competent customs department shall request the applicant to supply the missing information within 10 working days of dispatch of the notification.

In such cases, the time limit referred to in the first paragraph of Article 8 shall be suspended until the relevant information is received.

2.   Where the applicant does not provide the missing information within the period referred to in paragraph 1, the competent customs department shall

  may
  reject the application.
  In that event the competent customs department shall provide reasons for its decision and include information on the appeal procedure. [Am. 46]

3.   The applicant shall not be charged a fee to cover the administrative costs resulting from the processing of the application.

Article 8

Notification of decisions granting or rejecting applications for action

The competent customs department shall notify the applicant of its decision granting or rejecting the application within 30 working days of the receipt of the application.

However, where the applicant has been previously notified of the suspension of the release or detention of the goods by the customs authorities, the competent customs department shall notify the applicant of its decision granting or rejecting the application within one working day of the receipt of the application.

Article 9

Decisions concerning applications for action

1.   Decisions granting a national application, decisions revoking such decisions or amending them, and decisions extending the period during which customs authorities are to take action shall take effect in the Member State in which the national application was filed from the date of their adoption.

2.   Decisions granting a Union application, decisions revoking such decisions or amending them and decisions extending the period during which customs authorities are to take action shall take effect as follows:

| (a) | in the Member State in which the application was filed, from the date of adoption; |
| --- | --- |

(a)

in the Member State in which the application was filed, from the date of adoption;

| (b) | in all other Member States where action by the customs authorities is requested, from the date on which the customs authorities are notified in accordance with Article 13(2) and provided that the holder of the decision has fulfilled his obligations under Article 27(3). |
| --- | --- |

(b)

in all other Member States where action by the customs authorities is requested, from the date on which the customs authorities are notified in accordance with Article 13(2) and provided that the holder of the decision has fulfilled his obligations under Article 27(3).

Article 10

Period during which the customs authorities are to take action

1.   When granting an application, the competent customs department shall specify the period during which the customs authorities are to take action.

That period shall begin from the date of adoption of the decision granting the application and shall not exceed one year.

2.   Where an application submitted after notification by the customs authorities of the suspension of the release or detention of the goods in accordance with Article 17(4) does not contain the particulars referred to in points (g) to (i) of Article 6(3), it shall be granted only for the suspension of the release or detention of those goods.

3.   Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, no action shall be taken by the customs authorities. The decision granting the application shall be revoked or amended accordingly by the customs authorities that granted the decision.

Article 11

Extension of the period during which the customs authorities are to take action

1.   On expiry of the period during which the customs authorities are to take action, and subject to the prior discharge by the holder of the decision of any debt owed to the customs authorities under this Regulation, the customs department which took the initial decision may, at the request of the holder of the decision granting the application, extend that period.

2.   Where the request for extension of the period during which the customs authorities are to take action is made less than 30 working days before the expiry of that decision, the competent customs department may refuse the extension.

3.   The request for extension of the period during which the customs authorities are to take action shall indicate any change in the information provided under Article 6(3).

4.   The competent customs department shall notify its decision on the extension to the holder of the decision granting the application within 30 working days of the receipt of that request.

5.   The extended period during which the customs authorities are to take action shall run from the date of adoption of the decision granting the extension and shall not exceed one year.

Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, no action shall be taken by the customs authorities. The decision granting the extension shall be revoked or amended accordingly by the customs authorities that granted the decision.

6.   The holder of the decision shall not be charged a fee to cover the administrative costs resulting from the processing of the request for extension.

7.   The Commission shall establish an extension request form by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).

Article 12

Amending the decision with regard to intellectual property rights

The competent customs department that adopted the decision granting the application may, at the request of the holder of that decision, modify the list of intellectual property rights in that decision.

In the case of a decision granting a Union application, any modification consisting in adding intellectual property rights shall be limited to those intellectual property rights covered by Article 5.

Article 13

Notification obligations of the competent customs department

1.   The competent customs department to which a national application has been submitted shall forward the following decisions to the customs offices of its Member State, immediately after their adoption:

| (a) | its decisions granting a national application; |
| --- | --- |

(a)

its decisions granting a national application;

| (b) | its decisions revoking decisions granting a national application; |
| --- | --- |

(b)

its decisions revoking decisions granting a national application;

| (c) | its decisions amending decisions granting a national application; |
| --- | --- |

(c)

its decisions amending decisions granting a national application;

| (d) | its decisions extending the period during which the customs authorities are to take action. |
| --- | --- |

(d)

its decisions extending the period during which the customs authorities are to take action.

2.   The competent customs department to which a Union application has been submitted shall forward the following decisions to the competent customs department of the Member State or Member States indicated in the Union application:

| (a) | decisions granting a Union application; |
| --- | --- |

(a)

decisions granting a Union application;

| (b) | decisions revoking decisions granting a Union application; |
| --- | --- |

(b)

decisions revoking decisions granting a Union application;

| (c) | decisions amending decisions granting a Union application; |
| --- | --- |

(c)

decisions amending decisions granting a Union application;

| (d) | decisions extending or refusing to extend the period during which the customs authorities are to take action; |
| --- | --- |

(d)

decisions extending or refusing to extend the period during which the customs authorities are to take action;

| (e) | decisions suspending the actions of the customs authorities under Article 15(2). |
| --- | --- |

(e)

decisions suspending the actions of the customs authorities under Article 15(2).

The competent customs department of the Member State(s) indicated in the Union application shall thereafter immediately forward those decisions to their customs offices.

3.   Once the central database of the Commission referred to in Article 31(3) is in place, all exchanges of data on decisions concerning applications for action, accompanying documents and notifications between the customs authorities of the Member States shall be made via that database.

Article 14

Notification obligations of the holder of the decision granting the application

The holder of the decision granting the application shall notify
  within five working days
  the competent customs department that adopted that decision of any of the following: [Am. 47]

| (a) | an intellectual property right covered by his or her application ceases to have effect; |
| --- | --- |

(a)

an intellectual property right covered by his or her application ceases to have effect;

| (b) | the holder of the decision ceases for other reasons to be the person entitled to submit the application; |
| --- | --- |

(b)

the holder of the decision ceases for other reasons to be the person entitled to submit the application;

| (c) | modifications to the information required under Article 6(3). |
| --- | --- |

(c)

modifications to the information required under Article 6(3).

Article 15

Failure of the holder of the decision granting the application to fulfil his/her obligations

1.   Where the holder of the decision granting the application uses the information provided by the customs authorities for purposes other than those provided for in Article 19, the competent customs department may:

| (a) | suspend the decision granting the application in the Member State where the information was provided or used until the expiry of the period during which the customs authorities are to take action; |
| --- | --- |

(a)

suspend the decision granting the application in the Member State where the information was provided or used until the expiry of the period during which the customs authorities are to take action;

| (b) | refuse to extend the period during which the customs authorities are to take action. |
| --- | --- |

(b)

refuse to extend the period during which the customs authorities are to take action.

2.   The competent customs department may decide to suspend the actions of the customs authorities until the expiry of the period during which those authorities are to take action, where the holder of the decision:

| (a) | does not fulfil his/her notification obligations under Article 14; |
| --- | --- |

(a)

does not fulfil his/her notification obligations under Article 14;

| (b) | does not comply with the requirements of Article 18(2) on returning samples;
  [Am. 48] |
| --- | --- |

(b)

does not comply with the requirements of Article 18(2) on returning samples;
  [Am. 48]

| (c) | does not fulfil his/her obligations under Article 27(1) and (3) with respect to costs and translation; |
| --- | --- |

(c)

does not fulfil his/her obligations under Article 27(1) and (3) with respect to costs and translation;

| (d) | does not initiate proceedings as provided for in Articles 20(1), 23(4)

  Article 20(4)
  or
  Article
  24(9). [Am. 49] |
| --- | --- |

(d)

does not initiate proceedings as provided for in Articles 20(1), 23(4)

  Article 20(4)
  or
  Article
  24(9). [Am. 49]

In the case of a Union application, the decision to suspend the actions of the customs authorities shall have effect only in the Member State where such decision is taken.

CHAPTER III

PROVISIONS GOVERNING ACTION BY THE CUSTOMS AUTHORITIES

Section 1

SUSPENSION OF THE RELEASE OR DETENTION OF GOODS SUSPECTED OF INFRINGING AN INTELLECTUAL PROPERTY RIGHT

Article 16

Suspension of the release or detention of the goods following the grant of an application

1.   Where the customs authorities of a Member State identify, in one of the situations referred to in Article 1(1), goods suspected of infringing an intellectual property right covered by a decision granting an application for action, they shall take a decision to suspend the release of the goods or to detain them. [Am. 50]

2.   Before adopting

  suspending
  the decision of suspension of release of or detention of

  detaining
  the goods, the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information. The customs authorities may

  shall
  also provide the holder of the decision
  , at his or her request,
  with information about the actual or supposed number of items, their nature and images

  photographs
  of those items as appropriate. [Am. 51]

3.   Before adopting the decision of suspension of release

  Where goods suspected of infringing intellectual property rights are not counterfeit
  or detention of the

  pirated
  goods, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, the holder of the goods
  before suspending the release of or detaining the goods
  . The declarant or the holder of the goods shall be given the opportunity to express his/her views within three working days of dispatch

  receipt
  of that communication. [Am. 52]

3a.
     
  Where goods suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right are placed under a suspensive procedure, the customs authorities shall request the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union within three working days of receipt of that request. Where no adequate evidence to the contrary is provided, customs authorities shall presume the final destination to be the territory of the Union.

By ... (24) the Commission shall adopt implementing acts establishing guidelines for customs authorities to assess the risk of deviation of the goods referred to in the first subparagraph onto the market of the Union. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2). [Am. 53]

4.   The customs authorities shall notify the holder of the decision granting the application and the declarant or holder of the goods of their decision to suspend

  the suspension of
  the release of the goods or to detain them

  their detention
  within one working day
  . Alternatively, the customs authorities may request the holder
  of the adoption

  decision granting the application to notify the declarant or holder
  of their

  the goods accordingly, where the holder of the
  decision
  granting the application guarantees that he or she will comply with the time limits and obligations laid down in this Regulation
  . [Am. 54]

The notification to the declarant or holder of the goods shall include information on the legal consequences provided for in Article 20 with respect to other goods than counterfeit and pirated goods and by Article 23 with respect to counterfeit and pirated goods. [Am. 55]

5.   The customs authorities shall inform the holder of the decision granting the application and the declarant or holder of the goods of the actual or estimated quantity, the actual or presumed nature of the goods, including images

  photographs
  of those items as appropriate, whose release has been suspended or which have been detained. [Am. 56]

6.   Where several persons are considered to be holder of the goods, the customs authorities shall not be obliged to inform more than one person.

Article 17

Suspension of the release or detention of the goods without the grant of an application

1.   Where the customs authorities identify, in the course of action in one of the situations referred to in Article 1(1), goods suspected of infringing an intellectual property right, they may suspend the release of those goods or detain them before having been notified of a decision granting an application with respect to those goods.

2.   Before adopting

  suspending
  the decision of suspension of release
  of
  or detention of

  detaining
  the goods, the customs authorities may, without disclosing any information other than the actual or supposed number of items, their nature and images

  photographs
  of those items as appropriate, request any person entitled to submit an application concerning the alleged infringement of intellectual property rights to provide them with any relevant information. [Am. 57]

3.   Before adopting a decision to suspend the release of the goods or to detain them, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, to the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within three working days of dispatch of that communication.
  [Am. 58]

3a.
     
  Where goods suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right are placed under a suspensive procedure, the customs authorities shall request the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union within three working days of dispatch of that request. Where no adequate evidence to the contrary is provided, customs authorities shall presume the final destination to be the territory of the Union.

By ... (25) the Commission shall adopt implementing acts establishing guidelines for customs authorities to assess the risk of deviation of the goods referred to in the first subparagraph onto the market of the Union. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2). [Am. 59]

4.   The customs authorities shall notify the suspension of the release or the detention of the goods to any person entitled to submit an application concerning the alleged infringement of intellectual property rights within one working day of the suspension of the release or of the detention of the goods.

4a.
     
  Where no person entitled to submit an application can be identified, customs authorities shall cooperate with the competent authorities in order to identify a person entitled to submit an application. [Am. 60]

5.   The customs authorities shall grant the release of the goods or put an end to their detention immediately after completion of all customs formalities in the following cases:

| (a) | where they have not identified any person entitled to submit an application concerning the alleged infringement of intellectual property rights within one working day from the suspension of the release or the detention of the goods; |
| --- | --- |

(a)

where they have not identified any person entitled to submit an application concerning the alleged infringement of intellectual property rights within one working day from the suspension of the release or the detention of the goods;

| (b) | where they have not received or have rejected an application in accordance with Article 6(5). |
| --- | --- |

(b)

where they have not received or have rejected an application in accordance with Article 6(5).

The customs authorities shall notify the declarant or holder of the goods of their decision to suspend

  the suspension of
  the release of the goods or to detain them

  their detention
  within one working dayof the adoption of their decision. [Am. 61]

6.   This Article shall not apply to perishable goods.
  [Am. 62]

Article 18

Inspection and sampling of goods whose release has been suspended or which have been detained

1.   The customs authorities shall give the holder of the decision granting the application and the declarant or holder of the goods the opportunity to inspect the goods whose release has been suspended or which have been detained.

2.   The customs authorities may take samples
  representative of the goods as a whole
  and may provide
  or send such
  samples to the holder of the decision granting the application, at his/her request, strictly for the purposes of analysis and to facilitate the subsequent procedure in relation to counterfeit and pirated goods. Any analysis of those samples shall be carried out under the sole responsibility of the holder of the decision granting the application. [Am. 63]

Where circumstances allow, the samples shall be returned on completion of the technical analysis and before the goods are released or their detention is ended.

3.   The customs authorities shall, upon request and if known, provide the holder of the decision granting the application
  and, where relevant, law enforcement authorities and agencies
  with the names and addresses of the consignee, the consignor, the declarant or the holder of the goods, the customs procedure and the origin, provenance and destination of goods suspected of infringing an intellectual property right. [Am. 64]

4.   The conditions of storage of the goods during the period of suspension of release or detention, including provisions regarding the costs, shall be determined by each Member State.

Article 19

Permitted use of certain information by the holder of the decision granting the application

Where the holder of the decision granting the application has received the information referred to in Article 18(3), the holder may only use that information for the following purposes:

| (a) | to initiate proceedings to determine whether an intellectual property right has been infringed
  , or in the course of such proceedings
  ; [Am. 65] |
| --- | --- |

(a)

to initiate proceedings to determine whether an intellectual property right has been infringed
  , or in the course of such proceedings
  ; [Am. 65]

| (aa) | to take further action in order to identify the infringer of the intellectual property right; [Am. 66] |
| --- | --- |

(aa)

to take further action in order to identify the infringer of the intellectual property right; [Am. 66]

| (ab) | to initiate criminal proceedings or in the course of such proceedings; [Am. 67] |
| --- | --- |

(ab)

to initiate criminal proceedings or in the course of such proceedings; [Am. 67]

| (b) | to seek compensation from the infringer or other persons where goods are destroyed in accordance with Articles

  Article
  20(3) or 23(3); [Am. 68] |
| --- | --- |

(b)

to seek compensation from the infringer or other persons where goods are destroyed in accordance with Articles

  Article
  20(3) or 23(3); [Am. 68]

| (ba) | for or in connection with a criminal investigation or criminal proceedings, including information related to an intellectual property right; [Am. 69] |
| --- | --- |

(ba)

for or in connection with a criminal investigation or criminal proceedings, including information related to an intellectual property right; [Am. 69]

| (bb) | in settlement negotiations out of court. [Am. 70] |
| --- | --- |

(bb)

in settlement negotiations out of court. [Am. 70]

Article 19a

Sharing of information and data between customs authorities

Subject to appropriate data protection safeguards, the Commission may decide that information and data collected under Article 18(3) is to be shared between customs authorities in the Union and relevant authorities in third countries and establish the conditions of such sharing. [Am. 71]

Section 2

DESTRUCTION OF GOODS,
  INITIATION OF PROCEEDINGS AND ANTICIPATED RELEASE OF GOODS [Am. 72]

Article 20

Destruction of goods and
  initiation of proceedings [Am. 73]

1.   Where goods other than those covered by Articles 23 and 24 are suspected of infringing

  Goods the release of which has been suspended or which have been detained in accordance with Article 16 may be destroyed under customs control, without there being any need to determine whether
  an intellectual property right,

  has been infringed under the law of the Member State where the goods are found
  ,
  where all of the following conditions are fulfilled:

| (a) | the holder of the decision granting the application shall initiate proceedings to determine whether

  has, based on the information provided
  to
  him or her in accordance with Article 16(2), confirmed in writing to the customs authorities that
  an intellectual property right has been infringed
  , indicating which intellectual right has been infringed,
  within 10 working days of dispatch of the decision to suspend

  , or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of
  the release of the goods or to detain them

  their detention; |
| --- | --- |

(a)

the holder of the decision granting the application shall initiate proceedings to determine whether

  has, based on the information provided
  to
  him or her in accordance with Article 16(2), confirmed in writing to the customs authorities that
  an intellectual property right has been infringed
  , indicating which intellectual right has been infringed,
  within 10 working days of dispatch of the decision to suspend

  , or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of
  the release of the goods or to detain them

  their detention;

| (b) | the holder of the decision granting the application has confirmed in writing to the customs authorities his or her agreement to the destruction of the goods within 10 working days, or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or their detention; |
| --- | --- |

(b)

the holder of the decision granting the application has confirmed in writing to the customs authorities his or her agreement to the destruction of the goods within 10 working days, or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or their detention;

| (c) | the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods within 10 working days, or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or their detention
  . |
| --- | --- |

(c)

the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods within 10 working days, or within three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or their detention
  .

In the case of perishable goods suspected of infringing an intellectual property right, the period for initiating the proceedings referred to in the first subparagraph shall be three working days of dispatch of the decision to suspend the release of the goods or to detain them.
  [Am. 74]

2.   
  Where the declarant or holder of the goods within the periods set out in point (c) of paragraph 1 has not confirmed his or her agreement to destruction nor notified his or her opposition to destruction to
  the customs authorities shall grant

  that adopted the decision to suspend
  the release of the goods or put an end to their detention immediately after completion of all

  to detain them, the
  customs formalities where they have not been informed by the

  authorities shall deem that the declarant or
  holder of the decision granting the application, within the period referred to in paragraph 1, of any of the following:

| (a) | the initiation of proceedings to determine whether an intellectual property right has been infringed; |
| --- | --- |

(a)

the initiation of proceedings to determine whether an intellectual property right has been infringed;

| (b) | a written agreement between the holder of the decision granting the application and the holder of the goods to abandon the goods for destruction

  goods has agreed to their destruction
  . [Am. 75] |
| --- | --- |

(b)

a written agreement between the holder of the decision granting the application and the holder of the goods to abandon the goods for destruction

  goods has agreed to their destruction
  . [Am. 75]

3.   In the case of an agreement to abandon the goods for destruction referred to in paragraph 2(b), The destruction shall be carried out under customs control at the expense and under the responsibility of the holder of the decision granting the application, unless otherwise specified in the legislation of the Member State where the goods are destroyed.
  Samples may be taken prior to destruction. [Am. 76]

4.   The customs authorities may extend the period referred to in the first subparagraph of paragraph 1 by a maximum of 10 working days upon request by

  Where there is no agreement to destruction or the declarant or the holder of the goods objects to destruction,
  the holder of the decision granting the application in appropriate cases.

  shall initiate proceedings to determine whether an intellectual property right has been infringed within 20 working days, or three working days in the case of perishable goods, of the receipt of the notification of the suspension of the release of the goods or their detention
  .

In the case of perishable goods, the period referred to in the second subparagraph of paragraph 1 shall not be extended.
  [Am. 77]

4a.
     
  The customs authorities shall grant the release of the goods or put an end to their detention, as appropriate, immediately after completion of all customs formalities, where they have not received information from the holder of the decision granting the application on any of the following:

| (a) | his or her agreement to the destruction within the periods referred to in point (b) of paragraph 1; |
| --- | --- |

(a)

his or her agreement to the destruction within the periods referred to in point (b) of paragraph 1;

| (b) | the initiation of proceedings to determine whether an intellectual property right has been infringed within the period referred to in paragraph 4. [Am. 78] |
| --- | --- |

(b)

the initiation of proceedings to determine whether an intellectual property right has been infringed within the period referred to in paragraph 4. [Am. 78]

Article 21

Anticipated release of goods

1.   Where the customs authorities have been notified of the initiation of proceedings to determine whether a design, patent, utility model or plant variety right has been infringed and the period provided for in Article 20 has expired, the declarant or holder of the goods may request the customs authorities to release the goods or put an end to their detention.

The customs authorities shall release the goods or put an end to their detention only where all the following conditions are fulfilled:

| (a) | the declarant or holder of the goods has provided a security; |
| --- | --- |

(a)

the declarant or holder of the goods has provided a security;

| (b) | the authority competent for determining whether an intellectual property right has been infringed has not authorised precautionary measures; |
| --- | --- |

(b)

the authority competent for determining whether an intellectual property right has been infringed has not authorised precautionary measures;

| (c) | all customs formalities have been completed. |
| --- | --- |

(c)

all customs formalities have been completed.

2.   The security referred to in point (a) of paragraph 1 shall be provided by the declarant or holder of the goods within 10 working days following the date on which the customs authorities receive the request referred to in paragraph 1.

3.   The customs authorities shall set the security at an amount sufficiently high to protect the interests of the holder of the decision granting the application.

4.   The provision of the security shall not affect the other legal remedies available to the holder of the decision granting the application.

Article 22

Prohibited customs-approved treatment and use of goods abandoned for destruction

1.   Goods abandoned for destruction under
  Article 20



  ,
  23

  or Article 24
  shall not be: [Am. 79]

| (a) | released for free circulation; |
| --- | --- |

(a)

released for free circulation;

| (b) | brought out of the customs territory of the Union; |
| --- | --- |

(b)

brought out of the customs territory of the Union;

| (c) | exported; |
| --- | --- |

(c)

exported;

| (d) | re-exported; |
| --- | --- |

(d)

re-exported;

| (e) | placed under a suspensive procedure; |
| --- | --- |

(e)

placed under a suspensive procedure;

| (f) | placed in a free zone or free warehouse. |
| --- | --- |

(f)

placed in a free zone or free warehouse.

1a.
     
  By way of exception to the provisions of paragraph 1, the customs authorities may authorise the public or private organisations, which aim at combating against counterfeiting and have been individually authorised prior to these operations, to the measures listed in points (a) to (f) of paragraph 1. Prior to the destruction of the abandoned goods, the authorised organisations may stock them, in the conditions defined in the authorisation, for the purposes of analysis and establishment of a database of information intended to fight against counterfeiting. The authorised organisations shall be published on the website of the Commission. [Am. 80]

2.   The customs authorities may allow the goods referred to in paragraph 1 to be moved under customs supervision between different places within the customs territory of the Union with a view to their destruction under customs control
  or their use for education and exhibition purposes accompanied by appropriate security measures
  . [Am. 81]

Section 3

COUNTERFEIT AND PIRATED GOODS
  [Am. 82]

Article 23

Destruction and initiation of proceedings

1.   Goods suspected of being counterfeit goods or pirated goods may be destroyed under customs control, without there being any need to determine whether an intellectual property right has been infringed under the law of the Member State where the goods are found, where all of the following conditions are fulfilled:

| (a) | the holder of the decision granting the application has informed the customs authorities in writing of his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspend the release of the goods or to detain them; |
| --- | --- |

(a)

the holder of the decision granting the application has informed the customs authorities in writing of his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspend the release of the goods or to detain them;

| (b) | the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspend the release of the goods or to detain them. |
| --- | --- |

(b)

the declarant or holder of the goods has confirmed in writing to the customs authorities his/her agreement to the destruction of the goods within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspend the release of the goods or to detain them.

2.   Where the declarant or holder of the goods has not confirmed his/her agreement to destruction within the periods set out in paragraph 1(b) nor notified his/her opposition to destruction to the customs authorities that adopted the decision to suspend the release of the goods or to detain them, the customs authorities may deem that the declarant or holder of the goods has agreed to their destruction.

The customs authorities shall inform the holder of the decision granting the application accordingly.

Where the declarant or holder of the goods objects to the destruction of the goods, the customs authorities shall inform the holder of the decision granting the application of such objection.

3.   The destruction shall be carried out under customs control, at the expense and under the responsibility of the holder of the decision granting the application, unless otherwise specified in the legislation of the Member State where the goods are destroyed. Samples may be taken prior to destruction.

4.   Where there is no agreement to destruction, the holder of the decision granting the application shall initiate proceedings to determine whether an intellectual property right has been infringed within 10 working days, or three working days in the case of perishable goods, of dispatch of the decision to suspend the release of the goods or to detain them.

The customs authorities may extend the periods referred to in the first subparagraph by a maximum of 10 working days upon request by the holder of the decision granting the application in appropriate cases.

In the case of perishable goods those periods shall not be extended.

5.   The customs authorities shall grant the release of the goods or put an end to their detention, as appropriate, immediately after completion of all customs formalities, where they have not received information from the holder of the decision granting the application on any of the following:

| (a) | his/her agreement to the destruction within the periods referred to in paragraph 1(a); |
| --- | --- |

(a)

his/her agreement to the destruction within the periods referred to in paragraph 1(a);

| (b) | the initiation of proceedings to determine whether an intellectual property right has been infringed within the period referred to in paragraph 4.
  [Am. 83] |
| --- | --- |

(b)

the initiation of proceedings to determine whether an intellectual property right has been infringed within the period referred to in paragraph 4.
  [Am. 83]

Article 24

Specific procedure for the destruction of goods in small consignments

1.   This Article applies to goods where all of the following conditions are fulfilled:

| (a) | goods are suspected of being counterfeit or pirated goods

  infringing an intellectual property right
  ; [Am. 84] |
| --- | --- |

(a)

goods are suspected of being counterfeit or pirated goods

  infringing an intellectual property right
  ; [Am. 84]

| (b) | goods are not perishable goods; |
| --- | --- |

(b)

goods are not perishable goods;

| (c) | goods are covered by a decision granting an application; |
| --- | --- |

(c)

goods are covered by a decision granting an application;

| (ca) | the holder of the decision granting the application has requested the use of the specific procedure in his application; [Am. 85] |
| --- | --- |

(ca)

the holder of the decision granting the application has requested the use of the specific procedure in his application; [Am. 85]

| (d) | goods are transported in small consignments. |
| --- | --- |

(d)

goods are transported in small consignments.

2.   Article 16 (3), (4) and (5) and Article 18(2) shall not apply. [Am. 86]

3.   When notifying, within one working day after its adoption, the decision to suspend the release of the goods or to detain them, the customs authorities shall inform the declarant or holder of the goods of the following:

| (a) | the customs authorities' intention to destroy the goods; |
| --- | --- |

(a)

the customs authorities' intention to destroy the goods;

| (b) | the rights of the declarant or holder of the goods under paragraphs 4 and 5. |
| --- | --- |

(b)

the rights of the declarant or holder of the goods under paragraphs 4 and 5.

4.   The declarant or holder of the goods shall be given the opportunity to express his/her point of view within 20

  five
  working days of dispatch

  receipt
  of the decision to suspend the release of the goods or to detain them. [Am. 87]

5.   The goods concerned may be destroyed where, within 20 working days of dispatch of the decision to suspend the release of the goods or to detain them, the declarant or holder of the goods has confirmed
  in writing
  to the customs authorities his/her agreement to the destruction of the goods.
  Such destruction shall be carried out under customs control at the expense of the holder of the decision granting the application. [Am. 88]

6.   Where the declarant or holder of the goods has not confirmed his or her agreement to destruction within the period referred to in paragraph 5, nor notified his or her opposition to destruction to the customs office that adopted the decision to suspend the release of the goods or to detain them, the customs authorities may deem that the declarant or holder of the goods has agreed to their destruction.

7.   The destruction shall be carried out under customs control and at the expense of the customs authorities.
  [Am. 89]

7a.
     
  The customs authorities shall provide the holder of the decision granting the application with access to information about the actual or presumed number of destroyed items and their nature where appropriate. [Am. 90]

8.   Where the declarant or holder of the goods objects to the destruction

  within 10 working days of receipt of the decision to suspend the release
  of the goods
  or to detain them has not confirmed his or her agreement to destruction or notified his or her opposition to destruction
  , the customs authorities shall inform the holder of the decision granting the application of such
  missing agreement or
  objection and of the number of items and their nature, including images of those items
  or samples
  where appropriate. [Am. 91]

9.   The customs authorities shall grant the release of the goods or put an end to their detention, as appropriate, immediately after completion of all customs formalities where they have not received information from the holder of the decision granting the application on the initiation of proceedings to determine whether an intellectual property right has been infringed within 10 working days of dispatch of the information referred to in paragraph 8.

10.   The Commission shall be empowered to adopt delegated acts in accordance with Article 30 concerning the thresholds that define small consignments for the purpose of this Article.
  [Am. 92]

CHAPTER IV

LIABILITY, COSTS AND PENALTIES

Article 25

Liability of the customs authorities

Without prejudice to the applicable legislation of the Member States, the decision granting an application shall not entitle the holder of that decision to compensation in the event that goods suspected of infringing an intellectual property right are not detected by a customs office and are released, or no action is taken to detain them.

Article 26

Liability of the holder of the decision granting the application

Where a procedure duly initiated pursuant to this Regulation is discontinued owing to an act or omission on the part of the holder of the decision granting the application or where the goods in question are subsequently found not to infringe an intellectual property right, the holder of the decision granting the application shall be liable towards the persons involved in a situation referred to in Article 1(1) in accordance with the legislation of the Member State where the goods were found.

Article 27

Costs

1.   Where requested by the customs authorities, the holder of the decision granting the application shall reimburse all costs incurred by the customs administration in keeping goods under customs supervision in accordance with Articles 16 and 17 and in destroying goods in accordance with
  Articles 20 and

  23

  24
  .
  The holder of a decision shall, upon request, be given information by the customs authorities on where and how the detained goods are being stored and on the costs associated with such storage, and shall be given the opportunity to comment on that storage
  . [Am. 93]

2.   This Article shall be without prejudice to the right of the holder of the decision granting the application to seek compensation from the infringer or other persons in accordance with the legislation of the Member State where the goods were found.

2a.
     
  Where the infringer cannot be identified, is not tangible or unable to provide compensation, the holder of the decision granting the application may seek compensation from the owner of the goods or the person who has a similar right of disposal over them. [Am. 94]

2b.
     
  Paragraph 2a shall not apply to the procedure set out in Article 24. [Am. 95]

3.   The holder of a decision granting a Union application shall provide and pay for any translation required by the customs authorities which are to take action concerning the goods suspected of infringing an intellectual property right.

Article 28

Administrative sanctions

Without prejudice to national law,
  the Member States shall lay down

  apply
  the rules on administrative sanctions applicable

  relating
  to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The administrative sanctions provided for must be effective, proportionate and dissuasive. [Am. 96]

The Member States shall notify those provisions to the Commission within six months from the date of entry into force of this Regulation and shall notify it without delay of any subsequent amendment affecting them.

CHAPTER V

COMMITTEE, DELEGATION AND FINAL PROVISIONS [Am. 97]

Article 29

Committee procedure

1.   The Commission shall be assisted by the Customs Code Committee established by Articles 247a and 248a of Regulation (EEC) No 2913/92. That committee is a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 30

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The delegation of power referred to in Article 24(10) shall be conferred for an indeterminate period of time from the date of entry into force of this Regulation.

3.   The delegation of powers referred to in Article 24(10) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 24(10) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months on the initiative of the European Parliament or the Council.
  [Am. 98]

Article 31

Exchange of data on decisions relating to application for action between the Member States and the Commission

1.   The competent customs departments shall notify the Commission of
  the necessary information relating to
  the following:

| (a) | decisions granting applications, including
  applications for action, including

  and
  any photograph(s), image(s) or brochure(s); |
| --- | --- |

(a)

decisions granting applications, including
  applications for action, including

  and
  any photograph(s), image(s) or brochure(s);

| (b) | decisions granting applications; |
| --- | --- |

(b)

decisions granting applications;

| (c) | any decisions extending the period during which the customs authorities are to take action or decisions revoking the decision granting the application or amending it; |
| --- | --- |

(c)

any decisions extending the period during which the customs authorities are to take action or decisions revoking the decision granting the application or amending it;

| (d) | any suspension of a decision granting the application. [Am. 99] |
| --- | --- |

(d)

any suspension of a decision granting the application. [Am. 99]

2.   Without prejudice to the provisions of point (g) of Article 24 of Regulation (EC) No 515/97, where the release of the goods is suspended or the goods are detained, the customs authorities shall transmit to the Commission any relevant information, including details on the goods, intellectual property right, procedures and transport.

3.   All information referred to in paragraphs 1 and 2 shall be stored in a central database of the Commission.
  Once the central database of the Commission is in place, the transmission of the information referred to in paragraphs 1 and 2 shall be made via that database. [Am. 100]

4.   The Commission shall make the relevant information referred to in paragraphs 1 and 2 available to the customs authorities of the Member States in an electronic form
  as soon as possible and not later than 1 January 2015
  .

4a.
     
  For the purposes of ensuring processing of the information referred to in paragraphs 1 and 2, the central database referred to in paragraph 3 shall be established in an electronic form. The central database shall contain the information, including personal data, referred to in the second subparagraph of Article 6(3), Article 13 and paragraphs 1 and 2 of this Article.

4b.
     
  The customs authorities of the Member States and the Commission shall have access to the information contained in the central database.

4c.
     
  The customs authority shall introduce into the central database information related to the applications submitted to the competent customs department. The customs authority which has introduced information into the central database shall, where necessary, amend, supplement, correct or delete such information. Each customs authority that has introduced information in the central database shall be responsible for the accuracy, adequacy and relevance of that information.

4d.
     
  The Commission shall establish and maintain adequate technical and organisational arrangements for the reliable and secure operation of the central database. The customs authority of each Member State shall establish and maintain adequate technical and organisational arrangements to ensure the confidentiality and security of processing with respect to the processing operations carried out by their customs authorities and with respect to terminals of the central database located on the territory of that Member State.

4e.
     
  The processing of personal data in the central database shall be carried out in compliance with Article 32. [Am. 101]

Article 32

Data protection provisions

1.   The processing of personal data in the central database of the Commission shall be carried out in accordance with Regulation (EC) No 45/2001 and under the supervision of the European Data Protection Supervisor.
  In any event, the implementing measures to be adopted should specify in detail the functional and technical characteristics of the database. [Am. 102]

2.   Processing of personal data by the competent authorities in the Member States shall be carried out in accordance with Directive 95/46/EC and under the supervision of the public independent authority of the Member State referred to in Article 28 of that Directive.

2a.
     
  Personal data shall be collected and used solely for the purposes of this Regulation. Personal data so collected shall be accurate and shall be kept up to date.

2b.
     
  Each customs authority that has introduced personal data into the central database shall be the controller with respect to the processing of those data.

2c.
     
  A data subject shall have a right of access to the personal data relating to him or her that are processed through the central database and, where appropriate, the right to the rectification, erasure or blocking of personal data in accordance with Regulation (EC) No 45/2001 or the national laws implementing Directive 95/46/EC.

2d.
     
  All requests for the exercise of the right of access, rectification, erasure or blocking shall be submitted to and processed by the competent customs department. Where a data subject has submitted a request for the exercise of the right of access, rectification, erasure or blocking to another office of customs authorities or to an office of the Commission, the office which received the request shall forward such request to the competent customs department.

2e.
     
  Personal data shall not be kept longer than six months from the date the relevant decision granting the application has been revoked or the relevant period during which the customs authorities are to take action has expired.

2f.
     
  Where the holder of the decision granting the application has initiated proceedings in accordance with Article 20(1) or Article 24(9) and has notified the competent customs department of the initiation of such proceedings, personal data shall be kept for six months after proceedings have determined in a final way whether an intellectual property right has been infringed. [Am. 103]

Article 33

Periods, dates and time limits

The rules applicable to periods, dates and time limits set out in Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (26) shall apply.

Article 34

Mutual administrative assistance

The provisions of Regulation (EC) No 515/97 shall apply.

Article 35

Repeal

Regulation (EC) No 1383/2003 is repealed with effect from ... (27)

References to the repealed Regulation shall be construed as references to this Regulation.

Article 36

Transitional provisions

Applications for action granted in accordance with Regulation (EC) No 1383/2003 shall remain valid for the period specified in the decision granting the application during which the customs authorities are to take action and shall not be extended.

Article 37

Entry into force and application

  reporting [Am. 104]

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

However, Article 24(1) to (9) shall apply from XX.XX.20XX.
  [Am. 106]

By ... (28) the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation, as well as an analysis of this Regulation's impact on the availability of generic medicines, in the Union as well as globally. If necessary, that report shall be accompanied by appropriate proposals and/or recommendations. [Am. 121, 151 and 163]

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 363, 13.12.2011, p. 1.

1

(2)  Position of the European Parliament of 3 July 2012.

2

(3)  OJ C 253, 4.10.2008, p. 1.

3

(4)  OJ L 196, 2.8.2003, p. 7.

4

(5)  OJ L 302, 19.10.1992, p. 1.

5

(6)  OJ L 12, 16.1.2001, p. 1.

6

(7)  OJ C 45 E, 23.2.2010, p. 47.

7

(8)  

  OJ L 174, 1.7.2011, p. 74.

8

OJ L 174, 1.7.2011, p. 74.

(9)  
  Date: 24 months after the date of entry into force of this Regulation.

9

Date: 24 months after the date of entry into force of this Regulation.

(10)  OJ L 82, 22.3.1997, p. 1.

10

(11)  OJ L 281, 23.11.1995, p. 31.

11

(12)  OJ L 8, 12.1.2001, p. 1.

12

(13)  OJ L 55, 28.2.2011, p. 13.

13

(14)  OJ L 152, 16.6.2009, p. 1.

14

(15)  OJ L 198, 8.8.1996, p. 30.

15

(16)  OJ L 227, 1.9.1994, p. 1.

16

(17)  OJ L 78, 24.3.2009, p. 1.

17

(18)  OJ L 3, 5.1.2002, p. 1.

18

(19)  OJ L 93, 31.3.2006, p. 12.

19

(20)  OJ L 299, 16.11.2007, p. 1.

20

(21)  OJ L 149, 14.6.1991, p. 1.

21

(22)  OJ L 39, 13.2.2008, p. 16.

22

(23)  OJ L 199, 31.7.2007, p. 40.

23

(24)  
  Date: 12 months from the date of entry into force of this Regulation.

24

Date: 12 months from the date of entry into force of this Regulation.

(25)  
  Date: 12 months from the date of entry into force of this Regulation.

25

Date: 12 months from the date of entry into force of this Regulation.

(26)  OJ L 124, 8.6.1971, p. 1.

26

(27)  Date of entry into force of this Regulation.

27

(28)  
  Date: 36 months after the entry into force of this Regulation.

28

Date: 36 months after the entry into force of this Regulation.

---

Wednesday 4 July 2012

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/180 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/180

---

Wednesday 4 July 2012Common rules for direct support schemes for farmers ***I

P7_TA(2012)0278

European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (COM(2010)0539 – C7-0294/2010 – 2010/0267(COD))

2013/C 349 E/23

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0539), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0539),

| — | having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0294/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0294/2010),

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

—

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

| — | having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies and by the Polish Diet and Senat, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies and by the Polish Diet and Senat, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A7-0158/2011), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A7-0158/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 107, 6.4.2011, p. 30.

---

Wednesday 4 July 2012P7_TC1-COD(2010)0267

Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 42 and Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Regulation (EC) No 73/2009 (3) confers powers on the Commission in order to implement some of the provisions of that Regulation. |
| --- | --- |

(1)

Council Regulation (EC) No 73/2009 (3) confers powers on the Commission in order to implement some of the provisions of that Regulation.

| (2) | As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 73/2009 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). |
| --- | --- |

(2)

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 73/2009 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty).

| (3) | The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 73/2009. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement or amend certain non-essential elements of Regulation (EC) No 73/2009. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 1] |
| --- | --- |

(3)

The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 73/2009. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement or amend certain non-essential elements of Regulation (EC) No 73/2009. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 1]

| (4) | In order to guarantee a uniform application of Regulation (EC) No 73/2009 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on ...

  ensure uniform conditions for the implementation of Regulation (EC) No 73/2009, implementing powers should be conferred on the Commission. Those powers, save where explicitly provided otherwise, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (4). [Am. 2] |
| --- | --- |

(4)

In order to guarantee a uniform application of Regulation (EC) No 73/2009 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on ...

  ensure uniform conditions for the implementation of Regulation (EC) No 73/2009, implementing powers should be conferred on the Commission. Those powers, save where explicitly provided otherwise, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (4). [Am. 2]

| (4a) | The Commission should, by means of implementing acts, approve the granting of certain specific support, decide which Member States fulfil certain conditions regarding suckler cow premium and authorise new Member States to complement, subject to certain conditions, any direct payments. Given the special nature of those acts, the Commission should be empowered to adopt them without the assistance of the Committee for Direct Payments. [Am. 3] |
| --- | --- |

(4a)

The Commission should, by means of implementing acts, approve the granting of certain specific support, decide which Member States fulfil certain conditions regarding suckler cow premium and authorise new Member States to complement, subject to certain conditions, any direct payments. Given the special nature of those acts, the Commission should be empowered to adopt them without the assistance of the Committee for Direct Payments. [Am. 3]

| (5) | Some of the provisions on direct support schemes that have so far been adopted by the Commission under the powers conferred on it by Regulation (EC) No 73/2009 are considered of such importance that they should be incorporated in that Regulation. Those elements concern some of the detailed rules laid down in Commission Regulations (EU) No 1120/2009 (5), (EU) No 1121/2009 (6) and (EU) No 1122/2009 (7). |
| --- | --- |

(5)

Some of the provisions on direct support schemes that have so far been adopted by the Commission under the powers conferred on it by Regulation (EC) No 73/2009 are considered of such importance that they should be incorporated in that Regulation. Those elements concern some of the detailed rules laid down in Commission Regulations (EU) No 1120/2009 (5), (EU) No 1121/2009 (6) and (EU) No 1122/2009 (7).

| (6) | In the light of the experience gained with the application of Regulation (EC) No 73/2009 some of the provisions of that Regulation should be simplified, particularly regarding cross compliance requirements. |
| --- | --- |

(6)

In the light of the experience gained with the application of Regulation (EC) No 73/2009 some of the provisions of that Regulation should be simplified, particularly regarding cross compliance requirements.

| (7) | For reasons of legal certainty and clarity it is appropriate to provide for the definitions of 'arable land', 'permanent crops', 'permanent pasture' and 'grassland'. |
| --- | --- |

(7)

For reasons of legal certainty and clarity it is appropriate to provide for the definitions of 'arable land', 'permanent crops', 'permanent pasture' and 'grassland'.

| (8) | Since permanent pasture has a positive environmental effect, measures are to be adopted to encourage the maintenance of existing permanent pasture to avoid a massive conversion into arable land. In order to ensure that Member States determine the ratio of permanent pasture and agricultural land that has to be maintained in a coherent way, the Commission should adopt implementing acts on the determination of the data necessary to establish this ratio. |
| --- | --- |

(8)

Since permanent pasture has a positive environmental effect, measures are to be adopted to encourage the maintenance of existing permanent pasture to avoid a massive conversion into arable land. In order to ensure that Member States determine the ratio of permanent pasture and agricultural land that has to be maintained in a coherent way, the Commission should adopt implementing acts on the determination of the data necessary to establish this ratio.

| (9) | In order to ensure an effective implementation of the farm advisory system provided for in Article 12 of Regulation (EC) No 73/2009, so as to render such system fully operational, the Commission may adopt rules by means of implementing acts. |
| --- | --- |

(9)

In order to ensure an effective implementation of the farm advisory system provided for in Article 12 of Regulation (EC) No 73/2009, so as to render such system fully operational, the Commission may adopt rules by means of implementing acts.

| (10) | In order to ensure that the respect of cross compliance requirements can be verified, farmers are required to declare all agricultural areas of their holding. This also applies when the farmers do not apply for any area-based direct payment and only have small areas at their disposal. In those cases, for the sake of simplification, it should be made possible for the Member States not to require the declaration of those areas, provided the total area of the holding concerned does not exceed one hectare and provided that a reference to those areas is made in the aid application. |
| --- | --- |

(10)

In order to ensure that the respect of cross compliance requirements can be verified, farmers are required to declare all agricultural areas of their holding. This also applies when the farmers do not apply for any area-based direct payment and only have small areas at their disposal. In those cases, for the sake of simplification, it should be made possible for the Member States not to require the declaration of those areas, provided the total area of the holding concerned does not exceed one hectare and provided that a reference to those areas is made in the aid application.

| (11) | An effective implementation of cross compliance needs verification of respect of obligations at farmers' level. The Commission should, by way of implementing acts, adopt rules on the controls to be performed by the Member States, to ensure a uniform and sufficiently high level of performance of these verifications in particular with regard to selection of farms, execution of checks and reporting. Where a Member State decides to make use of the option to consider a non-compliance as minor or not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, in the following year, verify that the farmer remedies the findings of the non-compliance concerned. However, in order to ease the administrative burden, consideration should be given to simplifying the follow-up checks system. |
| --- | --- |

(11)

An effective implementation of cross compliance needs verification of respect of obligations at farmers' level. The Commission should, by way of implementing acts, adopt rules on the controls to be performed by the Member States, to ensure a uniform and sufficiently high level of performance of these verifications in particular with regard to selection of farms, execution of checks and reporting. Where a Member State decides to make use of the option to consider a non-compliance as minor or not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, in the following year, verify that the farmer remedies the findings of the non-compliance concerned. However, in order to ease the administrative burden, consideration should be given to simplifying the follow-up checks system.

| (12) | The Member States have to implement an integrated administration and control system as provided for in Article 14 of Regulation (EC) No 73/2009. To ensure a uniform and sufficiently high level of performance of the different elements of that system with regard to the technical aspects, the Commission should adopt implementing acts on basic features, definitions and quality requirements on the system and its different elements. |
| --- | --- |

(12)

The Member States have to implement an integrated administration and control system as provided for in Article 14 of Regulation (EC) No 73/2009. To ensure a uniform and sufficiently high level of performance of the different elements of that system with regard to the technical aspects, the Commission should adopt implementing acts on basic features, definitions and quality requirements on the system and its different elements.

| (13) | In order to ensure a coherent and efficient administration of aid applications the Commission should adopt implementing acts pertaining to the aid application and to the application for payment entitlements. Those acts should ensure that sufficient time and all the necessary information is provided to allow the verification of the eligibility conditions. When duly justified certain flexibility should be given to the farmer. Furthermore, the eligibility rules such as retention periods of animals should not hinder the farmers from transferring their entire holding after the application is submitted but during this period. The conditions for such transfers should therefore be defined. |
| --- | --- |

(13)

In order to ensure a coherent and efficient administration of aid applications the Commission should adopt implementing acts pertaining to the aid application and to the application for payment entitlements. Those acts should ensure that sufficient time and all the necessary information is provided to allow the verification of the eligibility conditions. When duly justified certain flexibility should be given to the farmer. Furthermore, the eligibility rules such as retention periods of animals should not hinder the farmers from transferring their entire holding after the application is submitted but during this period. The conditions for such transfers should therefore be defined.

| (14) | Verification of eligibility conditions should be carried out with a view to the protection of the Union Funds. To enable such verification of the fulfilment of the obligations linked to the payment by the farmers as well as to ensure a correct distribution of the funds to the entitled farmers the Commission should adopt implementing acts on the controls to be performed by the Member States. When appropriate, those acts should also lay down rules for the situation when other services, bodies or organisations than the competent authority are engaged in the administration of the payments. |
| --- | --- |

(14)

Verification of eligibility conditions should be carried out with a view to the protection of the Union Funds. To enable such verification of the fulfilment of the obligations linked to the payment by the farmers as well as to ensure a correct distribution of the funds to the entitled farmers the Commission should adopt implementing acts on the controls to be performed by the Member States. When appropriate, those acts should also lay down rules for the situation when other services, bodies or organisations than the competent authority are engaged in the administration of the payments.

| (15) | Article 28 of Regulation (EC) No 73/2009 provides for minimum requirements to be respected, but the application of point (b) of the first subparagraph of Article 28(1) is not appropriate for farmers who are still receiving direct payments under certain coupled schemes but do not hold any hectares. Those farmers are in the same situation as farmers holding special entitlements and in order to ensure the full effectiveness of the coupled schemes in question they should therefore be treated in the same way for the purposes of Article 28(1) of that Regulation. Also, when a Member State has selected a threshold in hectares as foreseen in Article 28(1)(b), farmers receiving specific support referred to in Title III, Chapter 5 who hold fewer hectares than the threshold selected by a Member State should be subject to the threshold in Euro selected by the Member State as foreseen in Article 28(1)(a). |
| --- | --- |

(15)

Article 28 of Regulation (EC) No 73/2009 provides for minimum requirements to be respected, but the application of point (b) of the first subparagraph of Article 28(1) is not appropriate for farmers who are still receiving direct payments under certain coupled schemes but do not hold any hectares. Those farmers are in the same situation as farmers holding special entitlements and in order to ensure the full effectiveness of the coupled schemes in question they should therefore be treated in the same way for the purposes of Article 28(1) of that Regulation. Also, when a Member State has selected a threshold in hectares as foreseen in Article 28(1)(b), farmers receiving specific support referred to in Title III, Chapter 5 who hold fewer hectares than the threshold selected by a Member State should be subject to the threshold in Euro selected by the Member State as foreseen in Article 28(1)(a).

| (16) | Rules regarding the minimum size per holding for which the establishment of payment entitlements can be requested should be fixed. |
| --- | --- |

(16)

Rules regarding the minimum size per holding for which the establishment of payment entitlements can be requested should be fixed.

| (17) | In order to ensure the continuity of the direct payments system in case of extraordinary circumstances, the Commission should be allowed to adopt necessary and justified measures in order to overcome such eventualities. |
| --- | --- |

(17)

In order to ensure the continuity of the direct payments system in case of extraordinary circumstances, the Commission should be allowed to adopt necessary and justified measures in order to overcome such eventualities.

| (18) | In order to ensure the efficient administration of the single payment scheme provided for in Title III of Regulation (EC) No 73/2009, the use of agricultural areas for non agricultural activities should be defined. |
| --- | --- |

(18)

In order to ensure the efficient administration of the single payment scheme provided for in Title III of Regulation (EC) No 73/2009, the use of agricultural areas for non agricultural activities should be defined.

| (19) | To take into account the internal organisation of Member States, they should be allowed to administer the national reserve at regional level. Rules for such administration should be established. |
| --- | --- |

(19)

To take into account the internal organisation of Member States, they should be allowed to administer the national reserve at regional level. Rules for such administration should be established.

| (20) | Specific rules for the reversion by Member States to the national reserve of the unused payment entitlements should be fixed. |
| --- | --- |

(20)

Specific rules for the reversion by Member States to the national reserve of the unused payment entitlements should be fixed.

| (21) | The rules regarding the limitation to the transfer of payment entitlements should be adapted in order to take into account particular transfer situations. |
| --- | --- |

(21)

The rules regarding the limitation to the transfer of payment entitlements should be adapted in order to take into account particular transfer situations.

| (22) | In order to ensure that the conditions for special entitlements continue to be met rules should be adopted on the calculation of livestock units. |
| --- | --- |

(22)

In order to ensure that the conditions for special entitlements continue to be met rules should be adopted on the calculation of livestock units.

| (23) | To ensure equal treatment between operators the Commission should adopt implementing acts for the initial allocation of payment entitlements in the context of the implementation of the single payment scheme in the new Member States as provided for in Article 55 of Regulation (EC) No 73/2009. |
| --- | --- |

(23)

To ensure equal treatment between operators the Commission should adopt implementing acts for the initial allocation of payment entitlements in the context of the implementation of the single payment scheme in the new Member States as provided for in Article 55 of Regulation (EC) No 73/2009.

| (24) | To ensure equal treatment between operators the Commission should adopt implementing acts for the calculation of livestock units for special entitlements as provided for in Article 44(2) of Regulation (EC) No 73/2009. |
| --- | --- |

(24)

To ensure equal treatment between operators the Commission should adopt implementing acts for the calculation of livestock units for special entitlements as provided for in Article 44(2) of Regulation (EC) No 73/2009.

| (25) | To ensure equal treatment between operators the Commission should adopt implementing acts for the specific support measures concerning specific agricultural activities entailing additional agri-enviroment benefits, areas subject to restructuring and/or development programs, crop, animal and plant insurance measures as provided for in Article 68 of Regulation (EC) No 73/2009. In the case of mutual funds for animal plants diseases and environment incidents, these rules should in particular include the minimum and maximum duration of the commercial loans eligible for a financial contribution and the obligation by member States to submit to the Commission an annual report on the implementation of Article 71 of Regulation (EC) No 73/2009. |
| --- | --- |

(25)

To ensure equal treatment between operators the Commission should adopt implementing acts for the specific support measures concerning specific agricultural activities entailing additional agri-enviroment benefits, areas subject to restructuring and/or development programs, crop, animal and plant insurance measures as provided for in Article 68 of Regulation (EC) No 73/2009. In the case of mutual funds for animal plants diseases and environment incidents, these rules should in particular include the minimum and maximum duration of the commercial loans eligible for a financial contribution and the obligation by member States to submit to the Commission an annual report on the implementation of Article 71 of Regulation (EC) No 73/2009.

| (26) | In order to ensure the efficient administration of the aid schemes provided for in Title IV of Regulation (EC) No 73/2009, rules on the precise functioning of those regimes need to be established. |
| --- | --- |

(26)

In order to ensure the efficient administration of the aid schemes provided for in Title IV of Regulation (EC) No 73/2009, rules on the precise functioning of those regimes need to be established.

| (27) | Rules concerning the limitations to the transfer of premium rights in the case of premiums in the sheepmeat and goatmeat sector should be established. |
| --- | --- |

(27)

Rules concerning the limitations to the transfer of premium rights in the case of premiums in the sheepmeat and goatmeat sector should be established.

| (28) | Rules concerning the minimum number of animals to be declared as regards the special premium and as regards the suckler cow premium should be established. |
| --- | --- |

(28)

Rules concerning the minimum number of animals to be declared as regards the special premium and as regards the suckler cow premium should be established.

| (29) | Rules concerning the limits to the transfer of suckler cow premium rights should be established. |
| --- | --- |

(29)

Rules concerning the limits to the transfer of suckler cow premium rights should be established.

| (30) | To ensure a sound administration of the choices made by Member States concerning the coupled payments, the Commission should fix the ceilings corresponding to the single payment scheme, to the coupled measures within the specific support, the separate sugar payment, the separate fruit and vegetables payment, the separate soft fruit payment and the funds notified by the Member States in accordance with Article 69(6)(a). |
| --- | --- |

(30)

To ensure a sound administration of the choices made by Member States concerning the coupled payments, the Commission should fix the ceilings corresponding to the single payment scheme, to the coupled measures within the specific support, the separate sugar payment, the separate fruit and vegetables payment, the separate soft fruit payment and the funds notified by the Member States in accordance with Article 69(6)(a).

| (31) | Article 132 of Regulation (EC) No 73/2009 provides for the possibility in the new Member States of complementing direct aid paid to a farmer, subject to authorisation by the Commission. Complementary national direct payments paid not in conformity with the authorisation by the Commission should be qualified as unlawful aid. |
| --- | --- |

(31)

Article 132 of Regulation (EC) No 73/2009 provides for the possibility in the new Member States of complementing direct aid paid to a farmer, subject to authorisation by the Commission. Complementary national direct payments paid not in conformity with the authorisation by the Commission should be qualified as unlawful aid.

| (32) | Exchange of information between the Commission and the Member States is essential for a proper management of the funds. The Commission should by means of implementing acts adopt uniform rules on the exchange of information. These should in particular include rules on notifications of decisions by Member States and on statistics and reports to be sent by Member States. |
| --- | --- |

(32)

Exchange of information between the Commission and the Member States is essential for a proper management of the funds. The Commission should by means of implementing acts adopt uniform rules on the exchange of information. These should in particular include rules on notifications of decisions by Member States and on statistics and reports to be sent by Member States.

| (33) | Regulation (EC) No 73/2009 should therefore be amended accordingly, |
| --- | --- |

(33)

Regulation (EC) No 73/2009 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 73/2009 is amended as follows:

| (1) | In Article 2, the following points are added:






  "(i) | ‘arable land’ means land cultivated for crop production or maintained in good agricultural and environmental condition in accordance with Article 6, irrespective of whether or not that land is under greenhouses or under fixed or mobile cover; |
| --- | --- | --- |

(1)

In Article 2, the following points are added:

"(i)

‘arable land’ means land cultivated for crop production or maintained in good agricultural and environmental condition in accordance with Article 6, irrespective of whether or not that land is under greenhouses or under fixed or mobile cover;

| (j) | ‘permanent crops’ means non-rotational crops other than permanent pasture that occupy the land for five years or longer and yield repeated harvests, including nurseries, and short rotation coppice; |
| --- | --- |

(j)

‘permanent crops’ means non-rotational crops other than permanent pasture that occupy the land for five years or longer and yield repeated harvests, including nurseries, and short rotation coppice;

| (k) | ‘permanent pasture’ 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, excluding areas set aside in accordance with Council Regulation (EEC) No 2078/92 (8), areas set aside in accordance with Articles 22, 23 and 24 of Council Regulation (EC) No 1257/1999 (9) and areas set aside in accordance with Article 39 of Regulation (EC) No 1698/2005; and to this end, ‘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). Member States may include arable crops as defined by the Commission; |
| --- | --- |

(k)

‘permanent pasture’ 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, excluding areas set aside in accordance with Council Regulation (EEC) No 2078/92 (8), areas set aside in accordance with Articles 22, 23 and 24 of Council Regulation (EC) No 1257/1999 (9) and areas set aside in accordance with Article 39 of Regulation (EC) No 1698/2005; and to this end, ‘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). Member States may include arable crops as defined by the Commission;

| (l) | ‘grassland’ means arable land used for grass production (sown or natural); grassland shall include permanent pasture. |
| --- | --- |

(l)

‘grassland’ means arable land used for grass production (sown or natural); grassland shall include permanent pasture.

| (2) | The following Article is inserted:

  "Article 2a


  Amendment of Annex I

  In order to take into account new legislation that may become necessary, the Commission shall, by means of a delegated
  acts
  , amend Annex I
  in order to include appropriate references to new legislation
  .".
  [Am. 4] |
| --- | --- |

(2)

The following Article is inserted:

"Article 2a

Amendment of Annex I

In order to take into account new legislation that may become necessary, the Commission shall, by means of a delegated
  acts
  , amend Annex I
  in order to include appropriate references to new legislation
  .".

| (2a) | In the second subparagraph of Article 6(1), point (a) is deleted. [Am. 5] |
| --- | --- |

(2a)

In the second subparagraph of Article 6(1), point (a) is deleted. [Am. 5]

| (3) | In Article 6, the following paragraphs are added:
  "3.   In order to ensure that measures are taken to maintain the land under permanent pasture at the level of farmers, the Commission shall, by means of delegated acts, adopt provisions including individual obligations at the level of farmers to be respected where it is established that the share of land under permanent pasture is decreasing. [Am. 6]

  4.   The Commission shall, by means of implementing acts, adopt the methods for the determination of the ratio of permanent pasture and agricultural land that has to be maintained.". |
| --- | --- |

(3)

In Article 6, the following paragraphs are added:

"3.   In order to ensure that measures are taken to maintain the land under permanent pasture at the level of farmers, the Commission shall, by means of delegated acts, adopt provisions including individual obligations at the level of farmers to be respected where it is established that the share of land under permanent pasture is decreasing. [Am. 6]

4.   The Commission shall, by means of implementing acts, adopt the methods for the determination of the ratio of permanent pasture and agricultural land that has to be maintained.".

| (4) | In Article 8, paragraph 2 is replaced by the following:
  "2.   The Commission shall, by means of implementing

  delegated
  acts, review the ceilings set out in Annex IV in order to take account of: [Am. 7]







  (a) | modifications to the total maximum amounts of direct payments that may be granted; |
| --- | --- | --- |

(4)

In Article 8, paragraph 2 is replaced by the following:

"2.   The Commission shall, by means of implementing

  delegated
  acts, review the ceilings set out in Annex IV in order to take account of: [Am. 7]

(a)

modifications to the total maximum amounts of direct payments that may be granted;

| (b) | modifications to the voluntary modulation system provided for in Regulation (EC) No 378/2007; |
| --- | --- |

(b)

modifications to the voluntary modulation system provided for in Regulation (EC) No 378/2007;

| (c) | structural changes to the holdings; |
| --- | --- |

(c)

structural changes to the holdings;

| (d) | transfers to the European Agricultural Fund for Rural Development (EAFRD) in accordance with Article 136 of this Regulation.". |
| --- | --- |

(d)

transfers to the European Agricultural Fund for Rural Development (EAFRD) in accordance with Article 136 of this Regulation.".

| (5) | Article 9 is amended as follows:






  (a) | in the first subparagraph of paragraph 2, the introductory part is replaced by the following:
  "The amounts corresponding to one percentage point shall be allocated to the Member States where the corresponding amounts have been generated. The amounts corresponding to the reduction by 4 percentage points shall be allocated amongst the Member States concerned by the Commission by means of an implementing act on the basis of the following criteria:"; |
| --- | --- | --- |

(5)

Article 9 is amended as follows:

(a)

in the first subparagraph of paragraph 2, the introductory part is replaced by the following:

"The amounts corresponding to one percentage point shall be allocated to the Member States where the corresponding amounts have been generated. The amounts corresponding to the reduction by 4 percentage points shall be allocated amongst the Member States concerned by the Commission by means of an implementing act on the basis of the following criteria:";

| (b) | in paragraph 3, the following subparagraph is inserted:
  "In order to take into account new legislation that may become necessary, the

  The
  Commission shall, by means of a delegated act, amend Annex V.";
  [Am. 8] |
| --- | --- |

(b)

in paragraph 3, the following subparagraph is inserted:

"In order to take into account new legislation that may become necessary, the

  The
  Commission shall, by means of a delegated act, amend Annex V.";

| (c) | Paragraph 4 is replaced by the following:
  "4.   The remaining amount resulting from the application of Article 7(1) and the amounts resulting from the application of Article 7(2) shall be allocated to the Member State where the corresponding amounts have been generated by the Commission by means of implementing acts. They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005.". |
| --- | --- |

(c)

Paragraph 4 is replaced by the following:

"4.   The remaining amount resulting from the application of Article 7(1) and the amounts resulting from the application of Article 7(2) shall be allocated to the Member State where the corresponding amounts have been generated by the Commission by means of implementing acts. They shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005.".

| (6) | In Article 10, paragraph 3 is replaced by the following:
  "3.   Any amount resulting from the application of Article 7(1) and (2) shall be allocated to the new Member State where the corresponding amounts have been generated, by the Commission by means of implementing acts. Those amounts shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005.". |
| --- | --- |

(6)

In Article 10, paragraph 3 is replaced by the following:

"3.   Any amount resulting from the application of Article 7(1) and (2) shall be allocated to the new Member State where the corresponding amounts have been generated, by the Commission by means of implementing acts. Those amounts shall be used in accordance with Article 69(5a) of Regulation (EC) No 1698/2005.".

| (6a) | In Article 11, paragraph 2 is replaced by the following:




  "2.
     
  The European Parliament and the Council, acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustments referred to in paragraph 1 apply, shall determine these adjustments no later than 30 June of the same calendar year.".


  [Am. 9] |
| --- | --- |

(6a)

In Article 11, paragraph 2 is replaced by the following:

"2.
     
  The European Parliament and the Council, acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustments referred to in paragraph 1 apply, shall determine these adjustments no later than 30 June of the same calendar year.".

| (7) | In Chapter 2 of Title II, the following Article is added:

  "Article 11a


  Delegation of powers to the Commission

  1.   In order to ensure a harmonised implementation of modulation and financial discipline the Commission may, by means of delegated acts, adopt detailed rules on the basis for calculation of reductions to be applied to the farmers by the Member States due to modulation and financial discipline as foreseen in Articles 9, 10, 11.
  2.   In order to ensure the allocation referred to in Article 9(2), the Commission shall, by means of delegated acts, lay down the criteria for the allocation of amounts made available by the application of modulation.". |
| --- | --- |

(7)

In Chapter 2 of Title II, the following Article is added:

"Article 11a

Delegation of powers to the Commission

1.   In order to ensure a harmonised implementation of modulation and financial discipline the Commission may, by means of delegated acts, adopt detailed rules on the basis for calculation of reductions to be applied to the farmers by the Member States due to modulation and financial discipline as foreseen in Articles 9, 10, 11.

2.   In order to ensure the allocation referred to in Article 9(2), the Commission shall, by means of delegated acts, lay down the criteria for the allocation of amounts made available by the application of modulation.".

| (8) | In Article 12, the following paragraph is added:
  "5.   In order to guarantee the proper functioning of the farm advisory system, the Commission may adopt, by means of delegated acts, provisions aiming at rendering such system fully operational. These provisions may relate,
  amongst
  others, to the scope of the farm advisory system and the accessibility criteria for farmers.
  [Am. 10]

  6.   The Commission may, by means of implementing acts, adopt
  technical
  rules for the uniform implementation of the farm advisory system.".
  [Am. 11] |
| --- | --- |

(8)

In Article 12, the following paragraph is added:

"5.   In order to guarantee the proper functioning of the farm advisory system, the Commission may adopt, by means of delegated acts, provisions aiming at rendering such system fully operational. These provisions may relate,
  amongst
  others, to the scope of the farm advisory system and the accessibility criteria for farmers.
  [Am. 10]

6.   The Commission may, by means of implementing acts, adopt
  technical
  rules for the uniform implementation of the farm advisory system.".

| (9) | In Article 19(1), the following subparagraphs are added:
  "Each Member State shall determine the minimum size of agricultural parcels in respect of which an application may be made. However, the minimum size may not exceed 0,3 ha.
  By way of derogation from point (a) of the first subparagraph, the Member States may decide that a farmer who does not apply for any area-based direct payment does not have to declare all his agricultural parcels in the case where the total area of those parcels does not exceed one hectare. The farmer shall however indicate in his application that he disposes of agricultural parcels and shall at the request of the competent authorities indicate the location of the parcels concerned.". |
| --- | --- |

(9)

In Article 19(1), the following subparagraphs are added:

"Each Member State shall determine the minimum size of agricultural parcels in respect of which an application may be made. However, the minimum size may not exceed 0,3 ha.

By way of derogation from point (a) of the first subparagraph, the Member States may decide that a farmer who does not apply for any area-based direct payment does not have to declare all his agricultural parcels in the case where the total area of those parcels does not exceed one hectare. The farmer shall however indicate in his application that he disposes of agricultural parcels and shall at the request of the competent authorities indicate the location of the parcels concerned.".

| (10) | In Article 21, paragraph 1 is replaced by the following:
  "1.   Without prejudice to any reduction or exclusion provided for in Article 23, where it is found that a farmer does not comply with the eligibility conditions relating to the granting of the aid as provided for in this Regulation, the payment or part of the payment granted or to be granted for which the conditions of eligibility have been met shall be subject to reductions and exclusions.". |
| --- | --- |

(10)

In Article 21, paragraph 1 is replaced by the following:

"1.   Without prejudice to any reduction or exclusion provided for in Article 23, where it is found that a farmer does not comply with the eligibility conditions relating to the granting of the aid as provided for in this Regulation, the payment or part of the payment granted or to be granted for which the conditions of eligibility have been met shall be subject to reductions and exclusions.".

| (11) | In Article 22, the following paragraph is added:
  "3.   The Commission shall, by means of implementing acts, adopt rules for the carrying out of controls and checks in order to verify compliance with the obligations referred to in Chapter 1.". |
| --- | --- |

(11)

In Article 22, the following paragraph is added:

"3.   The Commission shall, by means of implementing acts, adopt rules for the carrying out of controls and checks in order to verify compliance with the obligations referred to in Chapter 1.".

| (12) | In Article 23, paragraph 2 is replaced by the following:
  "2.   Notwithstanding paragraph 1 and in accordance with the conditions laid down in the rules referred to in Article 27a(5), Member Sates may decide not to apply a reduction or exclusion amounting to EUR 100 or less per farmer and per calendar year.

  Where a Member State decides to make use of the option provided for in the first subparagraph, in the following year the competent authority shall take the actions required to verify that the farmer remedies the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the farmer.".
  [Am. 12] |
| --- | --- |

(12)

In Article 23, paragraph 2 is replaced by the following:

"2.   Notwithstanding paragraph 1 and in accordance with the conditions laid down in the rules referred to in Article 27a(5), Member Sates may decide not to apply a reduction or exclusion amounting to EUR 100 or less per farmer and per calendar year.

Where a Member State decides to make use of the option provided for in the first subparagraph, in the following year the competent authority shall take the actions required to verify that the farmer remedies the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the farmer.".

| (13) | Article 24 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  "1.   For the calculation of reductions and exclusions, account shall be taken of the severity, extent, permanence and repetition of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4."; |
| --- | --- | --- |

(13)

Article 24 is amended as follows:

(a)

paragraph 1 is replaced by the following:

"1.   For the calculation of reductions and exclusions, account shall be taken of the severity, extent, permanence and repetition of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4.";

| (b) | in paragraph 2, the third subparagraph is replaced by the following:

  deleted.


  "Unless the farmer has taken immediate remedial action putting an end to the non-compliance found, the competent authority shall take the actions required that may, where appropriate, be limited to an administrative control to verify that the farmer remedies the finding of non-compliance concerned. The finding of minor non-compliance and the obligation to take remedial action shall be notified to the farmer." |
| --- | --- |

(b)

in paragraph 2, the third subparagraph is replaced by the following:

  deleted.

"Unless the farmer has taken immediate remedial action putting an end to the non-compliance found, the competent authority shall take the actions required that may, where appropriate, be limited to an administrative control to verify that the farmer remedies the finding of non-compliance concerned. The finding of minor non-compliance and the obligation to take remedial action shall be notified to the farmer."

| (14) | In Chapter 4 of Title II, the following Articles are added:

  "Article 27a


  Delegation of powers to the Commission

  1.   In order to ensure a correct distribution of the funds to the entitled farmers and to ensure that the integrated administration and control system provided for in this Chapter is implemented in an efficient, coherent and non-discriminatory way which protects the financial interests of the Union, the Commission may, by means of delegated acts, adopt the following:






  (a) | specific definitions needed to ensure a harmonised implementation of the integrated system; |
| --- | --- | --- |

(14)

In Chapter 4 of Title II, the following Articles are added:

"Article 27a

Delegation of powers to the Commission

1.   In order to ensure a correct distribution of the funds to the entitled farmers and to ensure that the integrated administration and control system provided for in this Chapter is implemented in an efficient, coherent and non-discriminatory way which protects the financial interests of the Union, the Commission may, by means of delegated acts, adopt the following:

(a)

specific definitions needed to ensure a harmonised implementation of the integrated system;

| (b) | provisions required for a harmonised definition of the basis for calculation of aid, including rules on how to deal with certain cases where eligible areas contain landscape features or trees; |
| --- | --- |

(b)

provisions required for a harmonised definition of the basis for calculation of aid, including rules on how to deal with certain cases where eligible areas contain landscape features or trees;

| (c) | rules in order to safeguard the farmers' rights in the cases of force majeure and exceptional circumstances within the meaning of Article 31; |
| --- | --- |

(c)

rules in order to safeguard the farmers' rights in the cases of force majeure and exceptional circumstances within the meaning of Article 31;

| (d) | rules in order to ensure a harmonised basis for calculation of reductions due to cross compliance taking also into account reductions due to modulation and financial discipline; |
| --- | --- |

(d)

rules in order to ensure a harmonised basis for calculation of reductions due to cross compliance taking also into account reductions due to modulation and financial discipline;

| (e) | rules on

  which enable the Member States to take
  any further measures to be taken by the Member States for the proper application of this Chapter as well as arrangements for any mutual assistance needed between Member States. [Am. 14] |
| --- | --- |

(e)

rules on

  which enable the Member States to take
  any further measures to be taken by the Member States for the proper application of this Chapter as well as arrangements for any mutual assistance needed between Member States. [Am. 14]

2.   In order to ensure a correct distribution of the funds to the entitled farmers as regards the aid applications provided for in Article 19 and to enable the verification of the fulfilment of the obligations related thereto by the farmers, the Commission shall, by means of delegated acts, lay down the following:

| (a) | rules concerning the minimum size of agricultural parcels to be declared, in order to reduce the administrative burden for the farmers and authorities; |
| --- | --- |

(a)

rules concerning the minimum size of agricultural parcels to be declared, in order to reduce the administrative burden for the farmers and authorities;

| (b) | a derogation from Council Regulation (EEC, Euratom) No 1182/71 (10) in order to safeguard the farmers' rights to payments where the final date for submission of applications or amendments is a public holiday, Saturday or Sunday; |
| --- | --- |

(b)

a derogation from Council Regulation (EEC, Euratom) No 1182/71 (10) in order to safeguard the farmers' rights to payments where the final date for submission of applications or amendments is a public holiday, Saturday or Sunday;

| (c) | in case of late application for payment or for allocation of entitlements, the maximum delay and reductions in case of such delay. |
| --- | --- |

(c)

in case of late application for payment or for allocation of entitlements, the maximum delay and reductions in case of such delay.

3.   In order to ensure that the verification of the eligibility conditions provided for in Article 20 is carried out in an efficient, coherent and non-discriminatory way which protects the financial interests of the Union, the Commission shall, by means of delegated acts, adopt provisions, in particular for the event that the farmer prevents a control to take place.

4.   In order to ensure that the calculation and application of reductions and exclusions are carried out in accordance with the principle laid down in Article 21 and in an efficient, coherent and non-discriminatory way which protects the financial interests of the Union, the Commission shall, by means of delegated acts, adopt the following:

| (a) | provisions on reductions and exclusions in relation to the correctness and completeness of the information in the application such as over-declarations of areas or animals or lacking declaration of areas as well as provisions to ensure a harmonised and proportionate treatment of intentional irregularities, situations of minor errors, accumulation of reductions and simultaneous application of different reductions, as well as specific provisions for the purpose of the measures implemented under Article 68; |
| --- | --- |

(a)

provisions on reductions and exclusions in relation to the correctness and completeness of the information in the application such as over-declarations of areas or animals or lacking declaration of areas as well as provisions to ensure a harmonised and proportionate treatment of intentional irregularities, situations of minor errors, accumulation of reductions and simultaneous application of different reductions, as well as specific provisions for the purpose of the measures implemented under Article 68;

| (b) | rules providing for the non-application of reductions in certain cases, ensuring proportionality when applying reductions. |
| --- | --- |

(b)

rules providing for the non-application of reductions in certain cases, ensuring proportionality when applying reductions.

5.   In order to ensure that cross compliance is carried out in an efficient, coherent and non-discriminatory way, the Commission may, by means of delegated acts, adopt rules for the calculation and applications of reductions in accordance with the principles laid down in Articles 23 and 24, including rules for the non-application of reductions in certain cases.

Article 27b

Implementing rules

For the purposes of the uniform implementation of this Chapter, the Commission shall, by means of implementing acts, lay down the following:

| (a) | the basic features, definitions and quality requirements for the integrated system to record the identity of each farmer who submits an aid application provided for in Article 15; |
| --- | --- |

(a)

the basic features, definitions and quality requirements for the integrated system to record the identity of each farmer who submits an aid application provided for in Article 15;

| (b) | the basic features, definitions and quality requirements for the computerised database provided for in Article 16; |
| --- | --- |

(b)

the basic features, definitions and quality requirements for the computerised database provided for in Article 16;

| (c) | the basic features, definitions and quality requirements for the identification system for agricultural parcels provided for in Article 17; |
| --- | --- |

(c)

the basic features, definitions and quality requirements for the identification system for agricultural parcels provided for in Article 17;

| (d) | the basic features, definitions and quality requirements for the system for the identification and registration of payment entitlements provided for in Article 18; |
| --- | --- |

(d)

the basic features, definitions and quality requirements for the system for the identification and registration of payment entitlements provided for in Article 18;

| (e) | rules concerning the aid application and the application for payment entitlements provided for in Article 19, including the final date for submission of applications, the requirements to the minimum amount of information to be included in the application, provisions for amendments or the withdrawal of aid applications, exemption from the requirement to submit an aid application and provisions which allow Member States to apply simplified procedures or to adjust obvious errors; |
| --- | --- |

(e)

rules concerning the aid application and the application for payment entitlements provided for in Article 19, including the final date for submission of applications, the requirements to the minimum amount of information to be included in the application, provisions for amendments or the withdrawal of aid applications, exemption from the requirement to submit an aid application and provisions which allow Member States to apply simplified procedures or to adjust obvious errors;

| (f) | rules for the carrying out of checks in order to verify compliance with obligations, and correctness and completeness of the information provided in the aid application. With regard to hemp, this shall in particular include detailed rules relating to the specific control measures and methods for determining tetrahydrocannabinol levels and with regard to cotton a system for control of the approved interbranch organisations; |
| --- | --- |

(f)

rules for the carrying out of checks in order to verify compliance with obligations, and correctness and completeness of the information provided in the aid application. With regard to hemp, this shall in particular include detailed rules relating to the specific control measures and methods for determining tetrahydrocannabinol levels and with regard to cotton a system for control of the approved interbranch organisations;

| (g) | with regard to hemp, rules relating to the specific control measures and methods for determining tetrahydrocannabinol levels; |
| --- | --- |

(g)

with regard to hemp, rules relating to the specific control measures and methods for determining tetrahydrocannabinol levels;

| (h) | with regard to cotton, a system for control of the approved interbranch organisations; |
| --- | --- |

(h)

with regard to cotton, a system for control of the approved interbranch organisations;

| (i) | rules on the recovery of unduly paid amounts of aid and unduly allocated payment entitlements; |
| --- | --- |

(i)

rules on the recovery of unduly paid amounts of aid and unduly allocated payment entitlements;

| (j) | technical definitions needed for the purpose of the uniform implementation of this Chapter; |
| --- | --- |

(j)

technical definitions needed for the purpose of the uniform implementation of this Chapter;

| (k) | provisions in relation to situations of transfer of holdings when also transferring any obligation concerning the eligibility to the aid in question still to be fulfilled. |
| --- | --- |

(k)

provisions in relation to situations of transfer of holdings when also transferring any obligation concerning the eligibility to the aid in question still to be fulfilled.

| (15) | In Article 28(1), the third subparagraph is replaced by the following:
  "Farmers holding special entitlements referred to in Article 44(1) or farmers receiving the premiums for sheep and goat referred to in Section 10 of Chapter 1 of Title IV or the beef and veal payment referred to in Section 11 of Chapter 1 of Title IV or farmers receiving specific support referred to in Chapter 5 of Title III who hold fewer hectares than the threshold selected by a Member State when point (b) of the first subparagraph is applied, shall be subject to the condition referred to in point (a) of the first subparagraph of this paragraph.". |
| --- | --- |

(15)

In Article 28(1), the third subparagraph is replaced by the following:

"Farmers holding special entitlements referred to in Article 44(1) or farmers receiving the premiums for sheep and goat referred to in Section 10 of Chapter 1 of Title IV or the beef and veal payment referred to in Section 11 of Chapter 1 of Title IV or farmers receiving specific support referred to in Chapter 5 of Title III who hold fewer hectares than the threshold selected by a Member State when point (b) of the first subparagraph is applied, shall be subject to the condition referred to in point (a) of the first subparagraph of this paragraph.".

| (16) | In Article 29, paragraph 4 is replaced by the following:
  "4.   By way of derogation from paragraph 2, the Commission may, by means of implementing acts:






  (a) | provide for advances; |
| --- | --- | --- |

(16)

In Article 29, paragraph 4 is replaced by the following:

"4.   By way of derogation from paragraph 2, the Commission may, by means of implementing acts:

(a)

provide for advances;

| (b) | authorise the Member States, subject to the budgetary situation, to pay prior to 1 December advances in regions where, due to exceptional conditions, farmers face severe financial difficulties:






  (i) | of up to 50 % of the payments;
  or |
| --- | --- | --- |

(b)

authorise the Member States, subject to the budgetary situation, to pay prior to 1 December advances in regions where, due to exceptional conditions, farmers face severe financial difficulties:

(i)

of up to 50 % of the payments;

or

| (ii) | of up to 80 % of the payments where advances have already been provided for. |
| --- | --- |

(ii)

of up to 80 % of the payments where advances have already been provided for.

The Commission may, by means of implementing acts, adopt rules relating to the payment of those advances.".

| (17) | The following Article is inserted:

  "Article 31a



  Implementing rules

  Delegation of powers to the Commission

  The Commission may adopt, by means of implementing

  delegated
  acts, measures which are both necessary and duly justified to resolve, in an emergency, practical and specific problems; such measures may derogate from certain parts of this Regulation, but only to the extent, and for such a period, as is strictly necessary.
  Where imperative grounds of urgency so require, the procedure provided for in Article 141ba shall apply to delegated acts adopted pursuant to this Article.
  ".
  [Am. 15] |
| --- | --- |

(17)

The following Article is inserted:

"Article 31a

Implementing rules

  Delegation of powers to the Commission

The Commission may adopt, by means of implementing

  delegated
  acts, measures which are both necessary and duly justified to resolve, in an emergency, practical and specific problems; such measures may derogate from certain parts of this Regulation, but only to the extent, and for such a period, as is strictly necessary.
  Where imperative grounds of urgency so require, the procedure provided for in Article 141ba shall apply to delegated acts adopted pursuant to this Article.
  ".

| (18) | In Article 33, the following paragraphs are added:
  "4.   A Member State may decide to fix a minimum size per holding in terms of agricultural area for which the establishment of payment entitlements may be requested. However, the minimum size shall not be higher than the limits set under point (b) of the first subparagraph in conjunction with the second subparagraph of Article 28(1). No minimum size shall be fixed for the establishment of the special entitlements referred to in Articles 60 and 65.
  5.   In order to take into account new legislation that may become necessary, the Commission shall, by means of
  delegated acts
  , amend Annex IX. [Am. 16]

  6.   The Commission shall, by means of implementing acts, adopt rules relating to the application for support in the year of allocation of entitlements where the entitlements may not be definitively established yet and where the allocation is affected by specific circumstances, as well as a ceiling for the single payment scheme referred to in this Title.". |
| --- | --- |

(18)

In Article 33, the following paragraphs are added:

"4.   A Member State may decide to fix a minimum size per holding in terms of agricultural area for which the establishment of payment entitlements may be requested. However, the minimum size shall not be higher than the limits set under point (b) of the first subparagraph in conjunction with the second subparagraph of Article 28(1). No minimum size shall be fixed for the establishment of the special entitlements referred to in Articles 60 and 65.

5.   In order to take into account new legislation that may become necessary, the Commission shall, by means of
  delegated acts
  , amend Annex IX. [Am. 16]

6.   The Commission shall, by means of implementing acts, adopt rules relating to the application for support in the year of allocation of entitlements where the entitlements may not be definitively established yet and where the allocation is affected by specific circumstances, as well as a ceiling for the single payment scheme referred to in this Title.".

| (19) | In Article 34(2), the second subparagraph is replaced by the following:
  "Where an agricultural area of a holding is also used for non-agricultural activities as referred to in point (a) of the first subparagraph that area shall be considered as being used predominantly for agricultural activities, if the agricultural activity can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activity. Member States shall establish criteria for the implementation of this subparagraph on their territory.". |
| --- | --- |

(19)

In Article 34(2), the second subparagraph is replaced by the following:

"Where an agricultural area of a holding is also used for non-agricultural activities as referred to in point (a) of the first subparagraph that area shall be considered as being used predominantly for agricultural activities, if the agricultural activity can be exercised without being significantly hampered by the intensity, nature, duration and timing of the non-agricultural activity. Member States shall establish criteria for the implementation of this subparagraph on their territory.".

| (20) | In Article 36, the second paragraph is deleted. |
| --- | --- |

(20)

In Article 36, the second paragraph is deleted.

| (21) | In Article 38, the second paragraph is replaced by the following:
  "In the event of deferred integration, Member States may decide to allow secondary crops to be cultivated on the eligible hectares during a maximum period of three months starting each year on 15 August. However, at the request of a Member State, this date may be modified by means of implementing acts for regions where cereals are normally harvested earlier for climatic reasons.". |
| --- | --- |

(21)

In Article 38, the second paragraph is replaced by the following:

"In the event of deferred integration, Member States may decide to allow secondary crops to be cultivated on the eligible hectares during a maximum period of three months starting each year on 15 August. However, at the request of a Member State, this date may be modified by means of implementing acts for regions where cereals are normally harvested earlier for climatic reasons.".

| (22) | In Article 39, paragraph 2 is deleted. |
| --- | --- |

(22)

In Article 39, paragraph 2 is deleted.

| (23) | In Article 40(1), the second subparagraph is replaced by the following:
  "Where payment entitlements are allocated to wine growers, the Commission shall, taking account of the latest data made available to it by the Member States in accordance with Articles 103o and the second subparagraph of Article 188a(3) of Regulation (EC) No 1234/2007, by means of implementing

  delegated
  acts, adapt the national ceilings determined in Annex VIII to this Regulation. By 1 December of the year preceding the adaptation of the national ceilings, Member States shall communicate to the Commission the regional average of the value of the entitlements referred to in point B of Annex IX to this Regulation.".
  [Am. 17] |
| --- | --- |

(23)

In Article 40(1), the second subparagraph is replaced by the following:

"Where payment entitlements are allocated to wine growers, the Commission shall, taking account of the latest data made available to it by the Member States in accordance with Articles 103o and the second subparagraph of Article 188a(3) of Regulation (EC) No 1234/2007, by means of implementing

  delegated
  acts, adapt the national ceilings determined in Annex VIII to this Regulation. By 1 December of the year preceding the adaptation of the national ceilings, Member States shall communicate to the Commission the regional average of the value of the entitlements referred to in point B of Annex IX to this Regulation.".

| (24) | Article 41 is amended as follows:






  (a) | in paragraph 1, the following subparagraphs are added:
  "Member States may administer the national reserve at regional level. In that case, Member States shall allocate, in full or in part, the amounts available at national level to the regional level in accordance with objective and non-discriminatory criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions.
  The amounts allocated to each regional level may be considered available for allocation within the region concerned only, except where paragraph 4 or, according to the Member State’s choice, paragraph 2 is applied."; |
| --- | --- | --- |

(24)

Article 41 is amended as follows:

(a)

in paragraph 1, the following subparagraphs are added:

"Member States may administer the national reserve at regional level. In that case, Member States shall allocate, in full or in part, the amounts available at national level to the regional level in accordance with objective and non-discriminatory criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions.

The amounts allocated to each regional level may be considered available for allocation within the region concerned only, except where paragraph 4 or, according to the Member State’s choice, paragraph 2 is applied.";

| (b) | paragraph 4 is replaced by the following:
  "4.   Member States shall use the national reserve for the purpose of allocating, in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, payment entitlements to farmers placed in a special situation."; |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

"4.   Member States shall use the national reserve for the purpose of allocating, in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, payment entitlements to farmers placed in a special situation.";

| (c) | the following paragraph is added:
  "7.   The Commission shall, by means of implementing acts, adopt rules on the allocation of payment entitlements in case the farmer is entitled to receive entitlements by virtue of a definitive court ruling or by virtue of a definitive administrative act of the competent authority of a Member State.". |
| --- | --- |

(c)

the following paragraph is added:

"7.   The Commission shall, by means of implementing acts, adopt rules on the allocation of payment entitlements in case the farmer is entitled to receive entitlements by virtue of a definitive court ruling or by virtue of a definitive administrative act of the competent authority of a Member State.".

| (25) | In Article 42, the following paragraphs are added:
  "Farmers may give up payment entitlements to the national reserve voluntarily.
  The Commission shall, by means of implementing acts, adopt measures regarding the
  practical conditions applicable to the
  reversion of unused payment entitlements to the national reserve.".
  [Am. 18] |
| --- | --- |

(25)

In Article 42, the following paragraphs are added:

"Farmers may give up payment entitlements to the national reserve voluntarily.

The Commission shall, by means of implementing acts, adopt measures regarding the
  practical conditions applicable to the
  reversion of unused payment entitlements to the national reserve.".

| (26) | Article 43 is amended as follows:






  (a) | in paragraph 1, the following subparagraph is added:
  "The limitation to the transfer of payment entitlements referred to in the third subparagraph shall not apply in case of actual or anticipated inheritance of payment entitlements without an equivalent number of eligible hectares."; |
| --- | --- | --- |

(26)

Article 43 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

"The limitation to the transfer of payment entitlements referred to in the third subparagraph shall not apply in case of actual or anticipated inheritance of payment entitlements without an equivalent number of eligible hectares.";

| (b) | paragraph 3 is replaced by the following:
  "3.   Where payment entitlements are sold, with or 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, in accordance with criteria to be defined by the Commission by means of implementing acts.
  In case of sale of payment entitlements with or without land to a farmer who commences his agricultural activity and in case of actual or anticipated inheritance of payment entitlements, no retention shall apply."; |
| --- | --- |

(b)

paragraph 3 is replaced by the following:

"3.   Where payment entitlements are sold, with or 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, in accordance with criteria to be defined by the Commission by means of implementing acts.

In case of sale of payment entitlements with or without land to a farmer who commences his agricultural activity and in case of actual or anticipated inheritance of payment entitlements, no retention shall apply.";

| (c) | the following paragraph is added:
  "4.   The Commission shall, by means of implementing acts, adopt rules on specific conditions concerning the transfer of payment entitlements, as well as the procedure to be followed by Member States in such case and, for the purposes of Article 62(3), rules on the calculation of the percentage of the payment entitlements the farmer has used and the use of such entitlements. Those rules may also cover transfers of entitlements where Member States use the option provided for in the third subparagraph of paragraph 1 and the retention of the value of payment entitlements in case of the sale of the entitlement referred to in the second subparagraph of paragraph 3.". |
| --- | --- |

(c)

the following paragraph is added:

"4.   The Commission shall, by means of implementing acts, adopt rules on specific conditions concerning the transfer of payment entitlements, as well as the procedure to be followed by Member States in such case and, for the purposes of Article 62(3), rules on the calculation of the percentage of the payment entitlements the farmer has used and the use of such entitlements. Those rules may also cover transfers of entitlements where Member States use the option provided for in the third subparagraph of paragraph 1 and the retention of the value of payment entitlements in case of the sale of the entitlement referred to in the second subparagraph of paragraph 3.".

| (27) | In Article 44, the following paragraph is added:
  "4.   The Commission shall, by means of implementing acts, adopt rules on the calculation of LU for the purposes of special entitlements and the activation of special entitlements.". |
| --- | --- |

(27)

In Article 44, the following paragraph is added:

"4.   The Commission shall, by means of implementing acts, adopt rules on the calculation of LU for the purposes of special entitlements and the activation of special entitlements.".

| (28) | In Chapter 1 of Title III, the following Article is added:

  "Article 45a


  Delegation of powers to the Commission

  1.   In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, lay down the following:






  (a) | rules on the eligibility and the access to the single payment scheme of farmers, including in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in case of merger or scission of the holding; |
| --- | --- | --- |

(28)

In Chapter 1 of Title III, the following Article is added:

"Article 45a

Delegation of powers to the Commission

1.   In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, lay down the following:

(a)

rules on the eligibility and the access to the single payment scheme of farmers, including in case of inheritance and anticipated inheritance, inheritance under a lease, change of legal status or denomination and in case of merger or scission of the holding;

| (b) | rules on the calculation of the unit value of payment entitlements and for the modification of payment entitlements, in particular in the case of fractions of entitlements; |
| --- | --- |

(b)

rules on the calculation of the unit value of payment entitlements and for the modification of payment entitlements, in particular in the case of fractions of entitlements;

| (c) | specific definitions, for the purposes of Article 41(2) for farmers who commence their agricultural activity; |
| --- | --- |

(c)

specific definitions, for the purposes of Article 41(2) for farmers who commence their agricultural activity;

| (d) | rules on the establishment and calculation of the value and number of payment entitlements or increase of value of entitlements received from the national reserve; |
| --- | --- |

(d)

rules on the establishment and calculation of the value and number of payment entitlements or increase of value of entitlements received from the national reserve;

| (e) | rules on the allocation of payment entitlements from the national reserve to farmers who declare fewer hectares than the number corresponding to payment entitlements they had been allocated in accordance with Articles 43 and 59 of Regulation (EC) No 1782/2003 in case the Member State uses the option provided for in Article 41(3); |
| --- | --- |

(e)

rules on the allocation of payment entitlements from the national reserve to farmers who declare fewer hectares than the number corresponding to payment entitlements they had been allocated in accordance with Articles 43 and 59 of Regulation (EC) No 1782/2003 in case the Member State uses the option provided for in Article 41(3);

| (f) | rules defining the special situations referred to in Article 41(4) and rules on the access of farmers in such special situations to payment entitlements from the national reserve. |
| --- | --- |

(f)

rules defining the special situations referred to in Article 41(4) and rules on the access of farmers in such special situations to payment entitlements from the national reserve.

2.   In order to ensure the proper management of payment entitlements, the Commission shall, by means of delegated act, adopt rules on the declaration and use of payment entitlements.

3.   In order to clarify specific situations that may occur in the application of the single payment scheme, the Commission shall, by means of delegated acts, adopt the following

  rules on
  :

| (a) | rules on the
  use of the
  definition
  given
  in the national legislation for

  of the terms
  ‘inheritance’ and ‘anticipated inheritance’
  for the purposes of this Regulation
  ; [Am. 19] |
| --- | --- |

(a)

rules on the
  use of the
  definition
  given
  in the national legislation for

  of the terms
  ‘inheritance’ and ‘anticipated inheritance’
  for the purposes of this Regulation
  ; [Am. 19]

| (b) | the calculation of value and number or increase of entitlements in relation to the allocation of entitlements under any provision of this Title, including the possibility of a provisional value and number or increase of payment entitlements allocated on the basis of the application from the farmer, the conditions for establishing the provisional and definitive value and number of the entitlements and provisions for the cases where a sale or lease contract could affect the allocation of entitlements. |
| --- | --- |

(b)

the calculation of value and number or increase of entitlements in relation to the allocation of entitlements under any provision of this Title, including the possibility of a provisional value and number or increase of payment entitlements allocated on the basis of the application from the farmer, the conditions for establishing the provisional and definitive value and number of the entitlements and provisions for the cases where a sale or lease contract could affect the allocation of entitlements.

4.   In order to facilitate the deferred integration of fruits and vegetables into the single payment scheme, the Commission shall, by means of delegated acts, adopt rules providing for the possibility to allow secondary crops to be cultivated on the eligible hectares for Member States having used one of the options as set out in the third subparagraph of Article 51(1).

5.   In order to establish a list of hemp varieties eligible for direct payments and to preserve public health, the Commission shall, by means of delegated acts, adopt rules making the granting of payments subject to the use of certified seeds of certain varieties and providing for the procedure for the determination of hemp varieties referred to in Article 39.".

| (29) | In Article 51(2), the first subparagraph is replaced by the following:
  "On the basis of the choice made by each Member State, the Commission shall, by means of implementing acts, determine a ceiling for each of the direct payments referred to in Articles 52, 53 and 54.". |
| --- | --- |

(29)

In Article 51(2), the first subparagraph is replaced by the following:

"On the basis of the choice made by each Member State, the Commission shall, by means of implementing acts, determine a ceiling for each of the direct payments referred to in Articles 52, 53 and 54.".

| (30) | In Chapter 2 of Title III, the following Article is added:

  "Article 54a


  Delegation of powers to the Commission

  In order to take account of specificities of the sectors concerned, the Commission shall, by means of delegated acts, adopt rules on the establishment and calculation of payment entitlements and the options provided for in this Chapter.". |
| --- | --- |

(30)

In Chapter 2 of Title III, the following Article is added:

"Article 54a

Delegation of powers to the Commission

In order to take account of specificities of the sectors concerned, the Commission shall, by means of delegated acts, adopt rules on the establishment and calculation of payment entitlements and the options provided for in this Chapter.".

| (31) | In Article 57, paragraph 2 is replaced by the following:
  "2.   The new Member States shall use the national reserve for the purpose of allocating, in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, payment entitlements to farmers placed in a special situation.". |
| --- | --- |

(31)

In Article 57, paragraph 2 is replaced by the following:

"2.   The new Member States shall use the national reserve for the purpose of allocating, in accordance with objective criteria and in such a way as to ensure equal treatment between farmers and to avoid market and competition distortions, payment entitlements to farmers placed in a special situation.".

| (32) | In Article 59, the following paragraph is added:
  "4.   The Commission shall, by means of implementing acts, adopt necessary measures regarding conditions for the identification of the eligible farmers, the provisional establishment of the number of hectares and the preliminary verification of the conditions for the application.". |
| --- | --- |

(32)

In Article 59, the following paragraph is added:

"4.   The Commission shall, by means of implementing acts, adopt necessary measures regarding conditions for the identification of the eligible farmers, the provisional establishment of the number of hectares and the preliminary verification of the conditions for the application.".

| (33) | In Article 60, the following paragraph is added:
  "The Commission shall, by means of implementing acts, adopt rules on the calculation of the agricultural activity expressed in LU referred to in Article 44(2)(a) and the checking/verification of the minimum agricultural activity in new Member States referred to in Article 44(2)(b).". |
| --- | --- |

(33)

In Article 60, the following paragraph is added:

"The Commission shall, by means of implementing acts, adopt rules on the calculation of the agricultural activity expressed in LU referred to in Article 44(2)(a) and the checking/verification of the minimum agricultural activity in new Member States referred to in Article 44(2)(b).".

| (34) | In Article 62(3), the following subparagraph is added:
  "The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of the percentage of the payment entitlements used by the farmer.". |
| --- | --- |

(34)

In Article 62(3), the following subparagraph is added:

"The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of the percentage of the payment entitlements used by the farmer.".

| (35) | In Chapter 3 of Title III, the following Article is added:

  "Article 62a


  Delegation of powers to the Commission

  1.   In order to have an efficient administration of the entitlements by Member States, the Commission shall, by means of delegated acts, adopt rules on the initial allocation of payment entitlements in the case of the implementation of the single payment scheme in the new Member States having applied the single area payment scheme.
  2.   In order to adapt to the changing situation of the agricultural sector, the Commission shall, by means of delegated acts, adopt rules on a representative period for the purpose of Article 57(3) and Article 59(3).
  3.   In order to ensure an efficient administration of payment entitlements, the Commission shall, by means of delegated acts, adopt rules on the establishment and calculation of the value and number of payment entitlements or increase of value of entitlements received from the national reserve under this Chapter and the options provided therein.
  4.   In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt the following:






  (a) | rules on the allocation of payment entitlements from the national reserve to farmers who declare fewer hectares than the number corresponding to payment entitlements they had been allocated in accordance with Articles 43 and 59 of Regulation (EC) No 1782/2003 in case the Member State having applied the single area payment scheme uses the option provided for in Article 57(5) of this Regulation; |
| --- | --- | --- |

(35)

In Chapter 3 of Title III, the following Article is added:

"Article 62a

Delegation of powers to the Commission

1.   In order to have an efficient administration of the entitlements by Member States, the Commission shall, by means of delegated acts, adopt rules on the initial allocation of payment entitlements in the case of the implementation of the single payment scheme in the new Member States having applied the single area payment scheme.

2.   In order to adapt to the changing situation of the agricultural sector, the Commission shall, by means of delegated acts, adopt rules on a representative period for the purpose of Article 57(3) and Article 59(3).

3.   In order to ensure an efficient administration of payment entitlements, the Commission shall, by means of delegated acts, adopt rules on the establishment and calculation of the value and number of payment entitlements or increase of value of entitlements received from the national reserve under this Chapter and the options provided therein.

4.   In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt the following:

(a)

rules on the allocation of payment entitlements from the national reserve to farmers who declare fewer hectares than the number corresponding to payment entitlements they had been allocated in accordance with Articles 43 and 59 of Regulation (EC) No 1782/2003 in case the Member State having applied the single area payment scheme uses the option provided for in Article 57(5) of this Regulation;

| (b) | rules defining special situations referred to in Article 57(2) and rules on the access of farmers in such special situations to payment entitlements from the national reserve under this Chapter.". |
| --- | --- |

(b)

rules defining special situations referred to in Article 57(2) and rules on the access of farmers in such special situations to payment entitlements from the national reserve under this Chapter.".

| (36) | In Article 67, paragraph 1 is replaced by the following:
  "1.   Member States may decide, by 1 August 2009, to integrate the seed aid referred to in Section 5 of Title IV and the schemes referred to in point 1 of Annex XI, with the exception of the specific quality premium for durum wheat, into the single payment scheme in 2010 or 2011. In that case, the Commission shall, by means of implementing acts, adjust the national ceilings referred to in Article 40 by adding the amounts from Annex XII for the aid scheme concerned.". |
| --- | --- |

(36)

In Article 67, paragraph 1 is replaced by the following:

"1.   Member States may decide, by 1 August 2009, to integrate the seed aid referred to in Section 5 of Title IV and the schemes referred to in point 1 of Annex XI, with the exception of the specific quality premium for durum wheat, into the single payment scheme in 2010 or 2011. In that case, the Commission shall, by means of implementing acts, adjust the national ceilings referred to in Article 40 by adding the amounts from Annex XII for the aid scheme concerned.".

| (37) | In Chapter 4 of Title III, the following Article is added:

  "Article 67a


  Delegation of powers to the Commission

  In order to enable the integration of coupled payments listed in Annex XI, and the transfer from the wine support programmes referred to in Annex IX into the single payment scheme, the Commission may, by means of delegated acts, adopt rules on access to payments, on the establishment of the amount and on the number or increase of the value of the entitlements to be allocated.". |
| --- | --- |

(37)

In Chapter 4 of Title III, the following Article is added:

"Article 67a

Delegation of powers to the Commission

In order to enable the integration of coupled payments listed in Annex XI, and the transfer from the wine support programmes referred to in Annex IX into the single payment scheme, the Commission may, by means of delegated acts, adopt rules on access to payments, on the establishment of the amount and on the number or increase of the value of the entitlements to be allocated.".

| (38) | Article 68 is amended as follows:






  (a) | paragraph 2(a)(ii) is replaced by the following:






  "(ii) | it has been approved by the Commission by means of an implementing act without the assistance of the Committee referred to in Article 141c"; |
| --- | --- | --- | --- |

(38)

Article 68 is amended as follows:

(a)

paragraph 2(a)(ii) is replaced by the following:

"(ii)

it has been approved by the Commission by means of an implementing act without the assistance of the Committee referred to in Article 141c";

| (b) | paragraph 7 is replaced by the following:
  "7.   In order to ensure an efficient and targeted use of Union Funds and to avoid double funding under other similar support instruments, the Commission shall, by means of delegated acts, adopt the conditions for the Commission approval referred to in paragraph 2(a)(ii) and the conditions for granting the support referred to in this Chapter, rules on the consistency with other Union measures and on the cumulation of support as well as rules on the definition of the individual support measures referred to in paragraph 1."; |
| --- | --- |

(b)

paragraph 7 is replaced by the following:

"7.   In order to ensure an efficient and targeted use of Union Funds and to avoid double funding under other similar support instruments, the Commission shall, by means of delegated acts, adopt the conditions for the Commission approval referred to in paragraph 2(a)(ii) and the conditions for granting the support referred to in this Chapter, rules on the consistency with other Union measures and on the cumulation of support as well as rules on the definition of the individual support measures referred to in paragraph 1.";

| (c) | in paragraph 8, the second subparagraph is deleted; |
| --- | --- |

(c)

in paragraph 8, the second subparagraph is deleted;

| (d) | The following paragraphs are added:
  "9.   The Commission shall, by means of implementing acts, adopt the following:






  (a) | rules on the calculation of the value of each payment entitlement received by a farmer who does not own any payment entitlement and is applying for the support referred to in paragraph 1(c), including rules on the calculation of the increase of the per hectare amount under the single area payment scheme referred to in Article 131(2); |
| --- | --- | --- |

(d)

The following paragraphs are added:

"9.   The Commission shall, by means of implementing acts, adopt the following:

(a)

rules on the calculation of the value of each payment entitlement received by a farmer who does not own any payment entitlement and is applying for the support referred to in paragraph 1(c), including rules on the calculation of the increase of the per hectare amount under the single area payment scheme referred to in Article 131(2);

| (b) | rules on the calculation of the destruction of the average annual production of a farmer in accordance with Article 70(2) for the support referred to in paragraph 1(d) of his Article, including rules on the obligation for farmers to inform the Member State of their insurance policy; |
| --- | --- |

(b)

rules on the calculation of the destruction of the average annual production of a farmer in accordance with Article 70(2) for the support referred to in paragraph 1(d) of his Article, including rules on the obligation for farmers to inform the Member State of their insurance policy;

| (c) | the procedure for the assessment and approval of measures taken pursuant to paragraph (1)(a)(v). |
| --- | --- |

(c)

the procedure for the assessment and approval of measures taken pursuant to paragraph (1)(a)(v).

10.   According to the decision taken by each Member State pursuant to the first subparagraph of paragraph 8, the Commission shall, by means of an implementing act, fix the corresponding ceiling for that support.".

| (39) | Article 69 is amended as follows:






  (a) | in paragraph 3, the first subparagraph is replaced by the following:
  "According to the decision taken by each Member State pursuant to paragraph 1 on the amount of national ceiling to be used, the Commission shall, by means of implementing acts, fix, the corresponding ceiling for that support."; |
| --- | --- | --- |

(39)

Article 69 is amended as follows:

(a)

in paragraph 3, the first subparagraph is replaced by the following:

"According to the decision taken by each Member State pursuant to paragraph 1 on the amount of national ceiling to be used, the Commission shall, by means of implementing acts, fix, the corresponding ceiling for that support.";

| (b) | in paragraph 4, the following subparagraph is added:
  "On the basis of the choice made by each Member State, the Commission shall, by means of implementing acts, fix the corresponding global ceiling for the support referred to in this paragraph."; |
| --- | --- |

(b)

in paragraph 4, the following subparagraph is added:

"On the basis of the choice made by each Member State, the Commission shall, by means of implementing acts, fix the corresponding global ceiling for the support referred to in this paragraph.";

| (c) | paragraph 6 is amended as follows:






  (i) | point (a) is replaced by the following:






  "(a) | in Article 68(1) by using an amount to be calculated in accordance with paragraph 7 of this Article and fixed by the Commission by means of an implementing act; and/or" |
| --- | --- | --- | --- |

(c)

paragraph 6 is amended as follows:

(i)

point (a) is replaced by the following:

"(a)

in Article 68(1) by using an amount to be calculated in accordance with paragraph 7 of this Article and fixed by the Commission by means of an implementing act; and/or"

| (ii) | the following subparagraph is added:
  "On the basis of the choice made by each Member State, the Commission shall fix, by means of implementing acts, the corresponding amount for the funds referred to in point(a) of the first subparagraph."; |
| --- | --- |

(ii)

the following subparagraph is added:

"On the basis of the choice made by each Member State, the Commission shall fix, by means of implementing acts, the corresponding amount for the funds referred to in point(a) of the first subparagraph.";

| (d) | in paragraph 7, the fourth subparagraph is replaced by the following:
  "Upon request from a Member State, the Commission shall, by means of an implementing act, revise the established amounts on the basis of rules established by the Commission by means of the same type of act.". |
| --- | --- |

(d)

in paragraph 7, the fourth subparagraph is replaced by the following:

"Upon request from a Member State, the Commission shall, by means of an implementing act, revise the established amounts on the basis of rules established by the Commission by means of the same type of act.".

| (39a) | In Article 70(2), the following subparagraph is added:




  "The Member States shall adopt rules to establish the calculation of the producer's average annual production.".


  [Am. 20] |
| --- | --- |

(39a)

In Article 70(2), the following subparagraph is added:

"The Member States shall adopt rules to establish the calculation of the producer's average annual production.".

| (40) | Article 71 is amended as follows:






  (a) | in paragraph 6, the second subparagraph is replaced by the following:
  "The minimum and maximum duration of the commercial loans eligible for a financial contribution as well as its source shall be determined by the Commission by means of implementing acts. Those acts may include rules on the information of farming communities."; |
| --- | --- | --- |

(40)

Article 71 is amended as follows:

(a)

in paragraph 6, the second subparagraph is replaced by the following:

"The minimum and maximum duration of the commercial loans eligible for a financial contribution as well as its source shall be determined by the Commission by means of implementing acts. Those acts may include rules on the information of farming communities.";

| (b) | paragraph 10 is replaced by the following:
  "10.   Member States shall submit to the Commission an annual report on the implementation of this Article. The form, content, timing and deadlines of the report shall be laid down by the Commission by means of implementing acts.". |
| --- | --- |

(b)

paragraph 10 is replaced by the following:

"10.   Member States shall submit to the Commission an annual report on the implementation of this Article. The form, content, timing and deadlines of the report shall be laid down by the Commission by means of implementing acts.".

| (41) | In Article 76, the following paragraph is added:
  "3.   The Commission shall, by means of implementing acts, adopt rules regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients.". |
| --- | --- |

(41)

In Article 76, the following paragraph is added:

"3.   The Commission shall, by means of implementing acts, adopt rules regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients.".

| (42) | In Section 1 of Chapter 1 of Title IV, the following article is added:

  "Article 76a


  Delegation of powers to the Commission

  In order to ensure an efficient and targeted use of the Union Funds and the efficient administration of the crop-specific schemes, the Commission may, by means of delegated acts, adopt rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section.". |
| --- | --- |

(42)

In Section 1 of Chapter 1 of Title IV, the following article is added:

"Article 76a

Delegation of powers to the Commission

In order to ensure an efficient and targeted use of the Union Funds and the efficient administration of the crop-specific schemes, the Commission may, by means of delegated acts, adopt rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section.".

| (43) | In Article 77, the following paragraphs are added:
  "In order to enable the application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, adopt rules on the conditions for the granting of the aid for starch potato growers, including rules on eligibility, minimum price level and payment.
  The Commission shall, by means of implementing acts, adopt necessary measures regarding the payment of the aid.". |
| --- | --- |

(43)

In Article 77, the following paragraphs are added:

"In order to enable the application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, adopt rules on the conditions for the granting of the aid for starch potato growers, including rules on eligibility, minimum price level and payment.

The Commission shall, by means of implementing acts, adopt necessary measures regarding the payment of the aid.".

| (44) | In Article 80, the following paragraph is added:
  "The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of the bitter content of sweet lupins.". |
| --- | --- |

(44)

In Article 80, the following paragraph is added:

"The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of the bitter content of sweet lupins.".

| (45) | In Article 81, paragraphs 2 and 3 are replaced by the following:
  "2.   Where the area for which the protein crop premium is claimed exceeds the maximum guaranteed area, the area per farmer for which the protein crop premium is claimed shall be reduced proportionately in that year by the Commission, by means of implementing acts.
  The Commission shall, by means of implementing acts, adopt necessary measures regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients.
  3.   Where, in accordance with Article 67, a Member State decides to integrate the protein crop premium provided for in this Section into the single payment scheme, the Commission shall, by means of implementing acts, reduce the maximum guaranteed area referred to in paragraph 1 of this Article in proportion to the protein crops amount corresponding to that Member State in Annex XII.
  In order to ensure an efficient and targeted use of the Union Funds and the efficient administration of the crop-specific schemes, the Commission shall, by means of delegated acts, adopt the following:






  (a) | rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section; |
| --- | --- | --- |

(45)

In Article 81, paragraphs 2 and 3 are replaced by the following:

"2.   Where the area for which the protein crop premium is claimed exceeds the maximum guaranteed area, the area per farmer for which the protein crop premium is claimed shall be reduced proportionately in that year by the Commission, by means of implementing acts.

The Commission shall, by means of implementing acts, adopt necessary measures regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients.

3.   Where, in accordance with Article 67, a Member State decides to integrate the protein crop premium provided for in this Section into the single payment scheme, the Commission shall, by means of implementing acts, reduce the maximum guaranteed area referred to in paragraph 1 of this Article in proportion to the protein crops amount corresponding to that Member State in Annex XII.

In order to ensure an efficient and targeted use of the Union Funds and the efficient administration of the crop-specific schemes, the Commission shall, by means of delegated acts, adopt the following:

(a)

rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section;

| (b) | rules on the conditions for the granting of the aid for protein crops, including rules on the definition for sweet lupins and the eligibility of the mixture of cereals and protein crops.". |
| --- | --- |

(b)

rules on the conditions for the granting of the aid for protein crops, including rules on the definition for sweet lupins and the eligibility of the mixture of cereals and protein crops.".

| (46) | In Article 84, the following paragraph is added:
  "The Commission shall, by means of implementing acts, adopt necessary measures regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients.". |
| --- | --- |

(46)

In Article 84, the following paragraph is added:

"The Commission shall, by means of implementing acts, adopt necessary measures regarding the coefficients of reduction, including the method of calculation and the date for fixing those coefficients.".

| (47) | In Article 85, the following paragraphs are added:
  "4.   In order to ensure an efficient and targeted use of Union Funds and in order to ensure the efficient administration of the crop-specific schemes, the Commission shall, by means of delegated acts, adopt rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section.
  5.   To ensure an efficient management of crop-specific schemes, the Commission shall, by means of delegated acts, adopt rules setting eligibility conditions for agricultural parcels planted with nut trees, rules defining the minimum plot size and a minimum tree density and rules on the eligibility for national aid for nuts provided for in Articles 86 and 120.". |
| --- | --- |

(47)

In Article 85, the following paragraphs are added:

"4.   In order to ensure an efficient and targeted use of Union Funds and in order to ensure the efficient administration of the crop-specific schemes, the Commission shall, by means of delegated acts, adopt rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section.

5.   To ensure an efficient management of crop-specific schemes, the Commission shall, by means of delegated acts, adopt rules setting eligibility conditions for agricultural parcels planted with nut trees, rules defining the minimum plot size and a minimum tree density and rules on the eligibility for national aid for nuts provided for in Articles 86 and 120.".

| (48) | Article 87 is amended as follows:






  (a) | in paragraph 3, the first subparagraph is replaced by the following:
  "The amount of seed aid claimed shall not exceed a ceiling fixed by the Commission by means of implementing acts and corresponding to the component of seed aid for the species concerned in the national ceiling referred to in Article 40 of this Regulation, as fixed in accordance with Article 64(2) of Regulation (EC) No 1782/2003 ("seed aid ceiling"). However, for the new Member States, this seed aid ceiling shall correspond to the amounts set out in Annex XIV to this Regulation."; |
| --- | --- | --- |

(48)

Article 87 is amended as follows:

(a)

in paragraph 3, the first subparagraph is replaced by the following:

"The amount of seed aid claimed shall not exceed a ceiling fixed by the Commission by means of implementing acts and corresponding to the component of seed aid for the species concerned in the national ceiling referred to in Article 40 of this Regulation, as fixed in accordance with Article 64(2) of Regulation (EC) No 1782/2003 ("seed aid ceiling"). However, for the new Member States, this seed aid ceiling shall correspond to the amounts set out in Annex XIV to this Regulation.";

| (b) | paragraph 4 is replaced by the following:
  "4.   In order to preserve public health, the Commission shall, by means of delegated acts, determine the varieties of hemp (Cannabis sativa L.) for which the seed aid provided for in this Article is payable."; |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

"4.   In order to preserve public health, the Commission shall, by means of delegated acts, determine the varieties of hemp (Cannabis sativa L.) for which the seed aid provided for in this Article is payable.";

| (c) | the following paragraphs are added:
  "5.   In order to enable the application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, lay down the definition of basic and officially certified seed.
  6.   In order to ensure an efficient and targeted use of the Union Funds for seed aid, the Commission shall, by means of delegated acts, lay down the conditions for the production, territorial eligibility and marketing of seeds.
  7.   In order to ensure an efficient and targeted use of the Union Funds and in order to ensure the efficient administration of the crop-specific schemes, the Commission may, by means of delegated acts, adopt rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section.
  8.   In order to establish a list of hemp varieties eligible for direct payments and to preserve public health, the Commission shall, by means of delegated acts, adopt rules making the granting of payments subject to the use of certified seeds of certain varieties and providing for the procedure for the determination of hemp varieties referred to in Article 87(4).
  9.   The Commission shall adopt, by means of implementing acts, necessary measures regarding the information to be submitted by seed establishments or breeders for checking the entitlements to the aid.". |
| --- | --- |

(c)

the following paragraphs are added:

"5.   In order to enable the application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, lay down the definition of basic and officially certified seed.

6.   In order to ensure an efficient and targeted use of the Union Funds for seed aid, the Commission shall, by means of delegated acts, lay down the conditions for the production, territorial eligibility and marketing of seeds.

7.   In order to ensure an efficient and targeted use of the Union Funds and in order to ensure the efficient administration of the crop-specific schemes, the Commission may, by means of delegated acts, adopt rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section.

8.   In order to establish a list of hemp varieties eligible for direct payments and to preserve public health, the Commission shall, by means of delegated acts, adopt rules making the granting of payments subject to the use of certified seeds of certain varieties and providing for the procedure for the determination of hemp varieties referred to in Article 87(4).

9.   The Commission shall adopt, by means of implementing acts, necessary measures regarding the information to be submitted by seed establishments or breeders for checking the entitlements to the aid.".

| (49) | Article 89 is amended as follows:






  (a) | paragraph 2 is replaced by the following:
  "2.   Member States shall authorize the land and the varieties referred to in paragraph 1 in accordance with the rules and conditions referred to in paragraph 3."; |
| --- | --- | --- |

(49)

Article 89 is amended as follows:

(a)

paragraph 2 is replaced by the following:

"2.   Member States shall authorize the land and the varieties referred to in paragraph 1 in accordance with the rules and conditions referred to in paragraph 3.";

| (b) | the following paragraphs are added:
  "3.   To ensure an efficient management of crop-specific schemes, the Commission shall, by means of delegated acts, adopt rules and conditions for the authorisation of land and varieties for the purposes of the crop specific payment for cotton.
  4.   The Commission shall, by means of implementing acts, adopt rules on the procedure of the authorisation and the communications to the producers related to this authorisation.". |
| --- | --- |

(b)

the following paragraphs are added:

"3.   To ensure an efficient management of crop-specific schemes, the Commission shall, by means of delegated acts, adopt rules and conditions for the authorisation of land and varieties for the purposes of the crop specific payment for cotton.

4.   The Commission shall, by means of implementing acts, adopt rules on the procedure of the authorisation and the communications to the producers related to this authorisation.".

| (50) | In Article 90, paragraph 5 is replaced by the following:
  "5.   In order to enable the application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, adopt rules on the conditions for the granting of the aid for cotton, on the eligibility requirements and the agronomic practices.
  The Commission may, by way means of implementing acts, provide for rules on the calculation of the reduction provided for in paragraph 4.". |
| --- | --- |

(50)

In Article 90, paragraph 5 is replaced by the following:

"5.   In order to enable the application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, adopt rules on the conditions for the granting of the aid for cotton, on the eligibility requirements and the agronomic practices.

The Commission may, by way means of implementing acts, provide for rules on the calculation of the reduction provided for in paragraph 4.".

| (51) | Article 91 is amended as follows:






  (a) | paragraph 2 is replaced by the following:
  "2.   The Member State where the ginners are established shall approve inter-branch organisations that satisfy the criteria referred to in paragraph 3."; |
| --- | --- | --- |

(51)

Article 91 is amended as follows:

(a)

paragraph 2 is replaced by the following:

"2.   The Member State where the ginners are established shall approve inter-branch organisations that satisfy the criteria referred to in paragraph 3.";

| (b) | the following paragraph is added:
  "3.   In order to enable the efficient application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, adopt the criteria for the approval of inter-branch organisations and obligations for producers. Furthermore, the Commission shall establish rules for the situation where the approved inter-branch organisation does not respect those criteria.". |
| --- | --- |

(b)

the following paragraph is added:

"3.   In order to enable the efficient application of the crop-specific aid schemes, the Commission shall, by means of delegated acts, adopt the criteria for the approval of inter-branch organisations and obligations for producers. Furthermore, the Commission shall establish rules for the situation where the approved inter-branch organisation does not respect those criteria.".

| (52) | In Article 97, the following paragraphs are added:
  "5.   In order to ensure the protection of the rights of farmers, the Commission may, by means of delegated acts, adopt specific definitions for the purposes of this Section.
  6.   In order to ensure an efficient and targeted use of the Union Funds for transitional fruit and vegetables payments, the Commission may, by means of delegated acts, adopt the following:






  (a) | the requirements for the contract for processing referred to in paragraph 3; |
| --- | --- | --- |

(52)

In Article 97, the following paragraphs are added:

"5.   In order to ensure the protection of the rights of farmers, the Commission may, by means of delegated acts, adopt specific definitions for the purposes of this Section.

6.   In order to ensure an efficient and targeted use of the Union Funds for transitional fruit and vegetables payments, the Commission may, by means of delegated acts, adopt the following:

(a)

the requirements for the contract for processing referred to in paragraph 3;

| (b) | rules on penalties in case it is found that an approved first processor or collector fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where an approved first processor or collector does not accept or facilitate the checks to be performed by the competent authorities. |
| --- | --- |

(b)

rules on penalties in case it is found that an approved first processor or collector fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where an approved first processor or collector does not accept or facilitate the checks to be performed by the competent authorities.

7.   In order to ensure an efficient administration of the crop-specific schemes, the Commission may adopt, by means of delegated acts, rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section.

8.   The Commission shall, by means of implementing acts, adopt necessary measures regarding the approval and control by Member States of first processors and collectors and the publication by Member States of the list of approved first processors and collectors, the indicative aid amount to be set by Member States and the basis of the aid amount.".

| (53) | In Article 98, the following paragraphs are added:
  "7.   In order to ensure the protection of the rights of farmers, the Commission may, by means of delegated acts, adopt specific definitions for the purposes of this Section.
  8.   In order to ensure an efficient and targeted use of the Union Funds for transitional soft fruit payments, the Commission may, by means of delegated acts, adopt the following:






  (a) | the requirements for the contract for processing referred to in paragraph 2; |
| --- | --- | --- |

(53)

In Article 98, the following paragraphs are added:

"7.   In order to ensure the protection of the rights of farmers, the Commission may, by means of delegated acts, adopt specific definitions for the purposes of this Section.

8.   In order to ensure an efficient and targeted use of the Union Funds for transitional soft fruit payments, the Commission may, by means of delegated acts, adopt the following:

(a)

the requirements for the contract for processing referred to in paragraph 2;

| (b) | rules on penalties in case it is found that an approved first processor or collector fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where an approved first processor or collector does not accept or facilitate the checks to be performed by the competent authorities; |
| --- | --- |

(b)

rules on penalties in case it is found that an approved first processor or collector fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where an approved first processor or collector does not accept or facilitate the checks to be performed by the competent authorities;

| (c) | rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section. |
| --- | --- |

(c)

rules on the minimum areas and specific rules relating to the sowing and cultivation of crops referred to in this Section.

9.   The Commission shall, by means of implementing acts, adopt necessary measures regarding the approval and control by Member States of first processors and collectors and the publication by Member States of the list of approved first processors and collectors, the indicative aid amount to be set by Member States and the basis of the aid amount.".

| (54) | In Article 101(2), the second subparagraph is replaced by the following:
  "A list of such areas shall be established by the Commission by means of implementing acts.
  The Commission shall, by means of implementing acts, adopt rules on the verification and notification of areas meeting the criteria referred to in the first subparagraph.". |
| --- | --- |

(54)

In Article 101(2), the second subparagraph is replaced by the following:

"A list of such areas shall be established by the Commission by means of implementing acts.

The Commission shall, by means of implementing acts, adopt rules on the verification and notification of areas meeting the criteria referred to in the first subparagraph.".

| (55) | Article 103 is amended as follows:






  (a) | paragraph 1 is replaced by the following:
  "1.   Premiums shall be paid to recipient farmers on the basis of the number of ewes and/or she-goats kept on their holding over a minimum period to be determined by the Commission by means of implementing acts.
  The Commission shall, by means of implementing acts, adopt rules on applications and declarations and further documents to be submitted by farmers, conditions animals have to meet to receive payments and the obligation to draw up an inventory of farmers marketing sheep milk or sheep milk products."; |
| --- | --- | --- |

(55)

Article 103 is amended as follows:

(a)

paragraph 1 is replaced by the following:

"1.   Premiums shall be paid to recipient farmers on the basis of the number of ewes and/or she-goats kept on their holding over a minimum period to be determined by the Commission by means of implementing acts.

The Commission shall, by means of implementing acts, adopt rules on applications and declarations and further documents to be submitted by farmers, conditions animals have to meet to receive payments and the obligation to draw up an inventory of farmers marketing sheep milk or sheep milk products.";

| (b) | the following paragraph is added:
  "3.   In order to ensure the proper management of the national reserve and to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt the following:






  (a) | rules on the use, transfer and temporary leasing of rights for payments in the sheepmeat and goatmeat sector as referred to in Article 52; |
| --- | --- | --- |

(b)

the following paragraph is added:

"3.   In order to ensure the proper management of the national reserve and to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt the following:

(a)

rules on the use, transfer and temporary leasing of rights for payments in the sheepmeat and goatmeat sector as referred to in Article 52;

| (b) | rules on the access to the payments in the sheepmeat and goatmeat sector as referred to in Article 52 in case of farmers not owning the land they farm.". |
| --- | --- |

(b)

rules on the access to the payments in the sheepmeat and goatmeat sector as referred to in Article 52 in case of farmers not owning the land they farm.".

| (56) | In Article 104, the following paragraph is added:
  "5.   The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of individual limits and the rounding of rights.". |
| --- | --- |

(56)

In Article 104, the following paragraph is added:

"5.   The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of individual limits and the rounding of rights.".

| (57) | Article 105 is amended as follows:






  (a) | in paragraph 2, the following subparagraph is added:
  "Except in duly justified exceptional circumstances, where a farmer has obtained premium rights free of charge from the national reserve, he shall not be authorised to transfer his rights or to lease them temporarily for a period of three years from the date he obtained those rights."; |
| --- | --- | --- |

(57)

Article 105 is amended as follows:

(a)

in paragraph 2, the following subparagraph is added:

"Except in duly justified exceptional circumstances, where a farmer has obtained premium rights free of charge from the national reserve, he shall not be authorised to transfer his rights or to lease them temporarily for a period of three years from the date he obtained those rights.";

| (b) | the following paragraphs are added:
  "5.   The Commission shall, by means of implementing acts, adopt necessary measures regarding notifications on the transfer and/or lease by the farmer to the competent authority, the setting of the individual ceiling, notification of farmers in case of transfers or the temporary leasing of premium rights and the transfer and temporary leasing via the national reserve.
  6.   The Commission may, by means of implementing

  delegated
  acts, adopt necessary measures regarding the withdrawal and reallocation of unused premium rights established under this Section.". |
| --- | --- |

(b)

the following paragraphs are added:

"5.   The Commission shall, by means of implementing acts, adopt necessary measures regarding notifications on the transfer and/or lease by the farmer to the competent authority, the setting of the individual ceiling, notification of farmers in case of transfers or the temporary leasing of premium rights and the transfer and temporary leasing via the national reserve.

6.   The Commission may, by means of implementing

  delegated
  acts, adopt necessary measures regarding the withdrawal and reallocation of unused premium rights established under this Section.".

| (58) | Article 110 is amended as follows:






  (a) | in paragraph 1, the following subparagraph is added:
  "Member States may, for administrative reasons, provide that aid applications for direct payments referred to in Article 19, as regards the special premium, shall be for a minimum number of animals, provided that that number does not exceed three."; |
| --- | --- | --- |

(58)

Article 110 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

"Member States may, for administrative reasons, provide that aid applications for direct payments referred to in Article 19, as regards the special premium, shall be for a minimum number of animals, provided that that number does not exceed three.";

| (b) | in paragraph 3, point (a) is replaced by the following:






  "(a) | any animal covered by an application shall be held by the farmer for fattening for a period to be determined by the Commission by means of implementing acts;"; |
| --- | --- | --- |

(b)

in paragraph 3, point (a) is replaced by the following:

"(a)

any animal covered by an application shall be held by the farmer for fattening for a period to be determined by the Commission by means of implementing acts;";

| (c) | in paragraph 4, the following subparagraph is added:
  "The Commission shall, by means of implementing

  delegated
  acts, adopt necessary measures regarding the amount of the premium to be granted in case the application of the proportional reduction referred to in the first subparagraph gives a number of eligible animals which is not a whole number.";
  [Am. 22] |
| --- | --- |

(c)

in paragraph 4, the following subparagraph is added:

"The Commission shall, by means of implementing

  delegated
  acts, adopt necessary measures regarding the amount of the premium to be granted in case the application of the proportional reduction referred to in the first subparagraph gives a number of eligible animals which is not a whole number.";

| (d) | in paragraph 5, the following subparagraph is added:
  "The Commission shall, by means of implementing acts, adopt rules on the notification by Member States to the Commission of the measures taken pursuant to the first subparagraph."; |
| --- | --- |

(d)

in paragraph 5, the following subparagraph is added:

"The Commission shall, by means of implementing acts, adopt rules on the notification by Member States to the Commission of the measures taken pursuant to the first subparagraph.";

| (e) | in paragraph 6, the following subparagraph is added:
  "The Commission shall, by means of implementing acts, adopt the following necessary measures regarding the granting of the premium at the time of slaughter, including provisions on the age brackets, aid applications and documents accompanying it, the required retention period in such case and establishment of the carcase weight."; |
| --- | --- |

(e)

in paragraph 6, the following subparagraph is added:

"The Commission shall, by means of implementing acts, adopt the following necessary measures regarding the granting of the premium at the time of slaughter, including provisions on the age brackets, aid applications and documents accompanying it, the required retention period in such case and establishment of the carcase weight.";

| (f) | the following paragraph is added:
  "9.   The Commission shall, by means of implementing acts, adopt necessary measures on the applications, the grant of the premium for animals which have not qualified on account of the application of the proportional reduction provided for in paragraph 4, passports as referred to in Article 6 of Regulation (EC) No 1760/2000 and national administrative documents as referred to in point (b) of paragraph 3 of this Article, and on notification of the Commission in case the Member States decide to introduce different regions within the meaning of Article 109(a) of this Regulation or to modify existing regions.". |
| --- | --- |

(f)

the following paragraph is added:

"9.   The Commission shall, by means of implementing acts, adopt necessary measures on the applications, the grant of the premium for animals which have not qualified on account of the application of the proportional reduction provided for in paragraph 4, passports as referred to in Article 6 of Regulation (EC) No 1760/2000 and national administrative documents as referred to in point (b) of paragraph 3 of this Article, and on notification of the Commission in case the Member States decide to introduce different regions within the meaning of Article 109(a) of this Regulation or to modify existing regions.".

| (59) | Article 111 is amended as follows:






  (a) | in paragraph 1, the following subparagraphs are added:
  "Member States may, for administrative reasons, provide that aid applications for direct payments referred to in Article 19, as regards the suckler cow premium, shall be for a minimum number of animals, provided that that number does not exceed three.
  The Commission shall, by means of implementing acts, adopt necessary measures regarding the applications for aid."; |
| --- | --- | --- |

(59)

Article 111 is amended as follows:

(a)

in paragraph 1, the following subparagraphs are added:

"Member States may, for administrative reasons, provide that aid applications for direct payments referred to in Article 19, as regards the suckler cow premium, shall be for a minimum number of animals, provided that that number does not exceed three.

The Commission shall, by means of implementing acts, adopt necessary measures regarding the applications for aid.";

| (b) | paragraph 2 is amended as follows:






  (i) | the following subparagraph is inserted after the second subparagraph:
  "The Commission shall, by means of implementing acts, adopt the following:






  (a) | necessary measures regarding the 6-month retention period referred to in the second subparagraph and the obligation for Member States to notify the Commission of the change or waive of the quantitative limit; |
| --- | --- | --- | --- |

(b)

paragraph 2 is amended as follows:

(i)

the following subparagraph is inserted after the second subparagraph:

"The Commission shall, by means of implementing acts, adopt the following:

(a)

necessary measures regarding the 6-month retention period referred to in the second subparagraph and the obligation for Member States to notify the Commission of the change or waive of the quantitative limit;

| (b) | rules on the date to be taken into account to determine the individual quota of milk available to qualify for the suckler cow premium."; |
| --- | --- |

(b)

rules on the date to be taken into account to determine the individual quota of milk available to qualify for the suckler cow premium.";

| (ii) | the following subparagraph is added:
  "The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of the average milk yield."; |
| --- | --- |

(ii)

the following subparagraph is added:

"The Commission shall, by means of implementing acts, adopt necessary measures regarding the calculation of the average milk yield.";

| (c) | paragraph 5 is amended as follows:






  (i) | the following subparagraph is inserted after the first subparagraph:
  "The Commission shall, by means of implementing acts, necessary measures regarding the notification of the Commission of additional conditions for the grant."; |
| --- | --- | --- |

(c)

paragraph 5 is amended as follows:

(i)

the following subparagraph is inserted after the first subparagraph:

"The Commission shall, by means of implementing acts, necessary measures regarding the notification of the Commission of additional conditions for the grant.";

| (ii) | the following subparagraph is added:
  "The Commission shall, by means of implementing acts, adopt necessary measures regarding:






  (a) | the notification by Member States on additional conditions for the grant of the additional national suckler cow premium, and |
| --- | --- | --- |

(ii)

the following subparagraph is added:

"The Commission shall, by means of implementing acts, adopt necessary measures regarding:

(a)

the notification by Member States on additional conditions for the grant of the additional national suckler cow premium, and

| (b) | the decision of the Commission to be taken by means of an implementing act without the assistance of the Committee referred to in Article 141c on the Member States that fulfil the conditions laid down in the fourth subparagraph."; |
| --- | --- |

(b)

the decision of the Commission to be taken by means of an implementing act without the assistance of the Committee referred to in Article 141c on the Member States that fulfil the conditions laid down in the fourth subparagraph.";

| (d) | the following paragraphs are added:
  "7.   In order to guarantee the sound management of the scheme and the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt the following:






  (a) | rules on the eligibility of cows belonging to a meat breed for the suckler cow premium referred to in Article 53(1); |
| --- | --- | --- |

(d)

the following paragraphs are added:

"7.   In order to guarantee the sound management of the scheme and the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt the following:

(a)

rules on the eligibility of cows belonging to a meat breed for the suckler cow premium referred to in Article 53(1);

| (b) | rules on the use, transfer and temporary leasing of rights for the suckler cow premium referred to in Article 53(1); |
| --- | --- |

(b)

rules on the use, transfer and temporary leasing of rights for the suckler cow premium referred to in Article 53(1);

| (c) | rules on the access to the suckler cow premium referred to in Article 53(1) in case of farmers not owning the land they farm; |
| --- | --- |

(c)

rules on the access to the suckler cow premium referred to in Article 53(1) in case of farmers not owning the land they farm;

| (d) | rules on the eligibility for the additional national suckler cow premium as provided for in paragraph 5 of this Article. |
| --- | --- |

(d)

rules on the eligibility for the additional national suckler cow premium as provided for in paragraph 5 of this Article.

8.   In order to ensure the fulfilment of the obligations of the beneficiaries, the Commission shall, by means of delegated acts, adopt rules on the access to premium rights for the suckler cow premium referred to in Article 53(1) that partial rights shall confer.".

| (60) | Article 112 is amended as follows:






  (a) | in paragraph 1, the following subparagraph is added:
  "The Commission shall, by means of implementing acts, adopt necessary measures regarding the determination of the individual ceiling per farmer."; |
| --- | --- | --- |

(60)

Article 112 is amended as follows:

(a)

in paragraph 1, the following subparagraph is added:

"The Commission shall, by means of implementing acts, adopt necessary measures regarding the determination of the individual ceiling per farmer.";

| (b) | the following paragraph is added:
  "6.   The Commission shall, by means of implementing acts, adopt all necessary measures regarding the rounding of partial rights.". |
| --- | --- |

(b)

the following paragraph is added:

"6.   The Commission shall, by means of implementing acts, adopt all necessary measures regarding the rounding of partial rights.".

| (61) | Article 113 is amended as follows:






  (a) | in paragraph 2, the following subparagraph is added:
  "Except in duly justified exceptional cases, where a farmer has obtained premium rights free of charge from the national reserve he shall not be authorised to transfer and/or temporarily lease his rights during the three following calendar years."; |
| --- | --- | --- |

(61)

Article 113 is amended as follows:

(a)

in paragraph 2, the following subparagraph is added:

"Except in duly justified exceptional cases, where a farmer has obtained premium rights free of charge from the national reserve he shall not be authorised to transfer and/or temporarily lease his rights during the three following calendar years.";

| (b) | the following paragraph is

  paragraphs are
  added: [Am. 23]

  "5.   The Commission shall, by means of implementing acts, adopt rules on:






  (a) | the notification by the farmer transferring and/or leasing the rights and by the farmer receiving the rights to the competent authorities of the Member State of the transfers and/or temporary leasing of premium rights, |
| --- | --- | --- |

(b)

the following paragraph is

  paragraphs are
  added: [Am. 23]

"5.   The Commission shall, by means of implementing acts, adopt rules on:

(a)

the notification by the farmer transferring and/or leasing the rights and by the farmer receiving the rights to the competent authorities of the Member State of the transfers and/or temporary leasing of premium rights,

| (b) | the setting by the Member State and the notification to the farmer of the new individual ceiling in the case of transfers or temporary leasing of premium rights. |
| --- | --- |

(b)

the setting by the Member State and the notification to the farmer of the new individual ceiling in the case of transfers or temporary leasing of premium rights.

| (c) | the transfer and/or temporary leasing of rights through the national reserve. "
  [Am. 24] |
| --- | --- |

(c)

the transfer and/or temporary leasing of rights through the national reserve. "
  [Am. 24]

5a.
     
  The Commission shall, by means of delegated acts, adopt rules on the transfer and/or temporary leasing of rights through the national reserve.
  ". [Am. 25]

| (62) | In Article 115, the following paragraphs are added:
  "3.   In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt rules on the access to the special scheme for heifers referred to in paragraph 1 for farmers whose herd of heifers is intended to restock cow herds.
  4.   The Commission shall, by means of implementing acts, adopt rules regarding:






  (a) | the notification of the Commission by Member States that they made use of the possibility provided for in paragraph 1, of data allowing the establishment that the conditions laid down in that paragraph are met, of the specific ceiling they have determined, the modification of this ceiling and the criteria adopted to ensure that the premium is paid to farmers whose herd of heifers is intended to restock cow herds; |
| --- | --- | --- |

(62)

In Article 115, the following paragraphs are added:

"3.   In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt rules on the access to the special scheme for heifers referred to in paragraph 1 for farmers whose herd of heifers is intended to restock cow herds.

4.   The Commission shall, by means of implementing acts, adopt rules regarding:

(a)

the notification of the Commission by Member States that they made use of the possibility provided for in paragraph 1, of data allowing the establishment that the conditions laid down in that paragraph are met, of the specific ceiling they have determined, the modification of this ceiling and the criteria adopted to ensure that the premium is paid to farmers whose herd of heifers is intended to restock cow herds;

| (b) | the decision of the Commission on the Member States that fulfil the conditions laid down in paragraph 1; |
| --- | --- |

(b)

the decision of the Commission on the Member States that fulfil the conditions laid down in paragraph 1;

| (c) | the amount of the premium to be granted in case the application of the proportional reduction referred to in paragraph 1 gives a number of eligible animals which is not a whole number; |
| --- | --- |

(c)

the amount of the premium to be granted in case the application of the proportional reduction referred to in paragraph 1 gives a number of eligible animals which is not a whole number;

| (d) | the minimum number of animals to be held. |
| --- | --- |

(d)

the minimum number of animals to be held.

| (e) | the rounding off of animal numbers in case the calculation of the maximum number of heifers as a percentage as laid down in the second subparagraph of Article 111(2) produces a result which is not a whole number; "
  [Am. 26] |
| --- | --- |

(e)

the rounding off of animal numbers in case the calculation of the maximum number of heifers as a percentage as laid down in the second subparagraph of Article 111(2) produces a result which is not a whole number; "
  [Am. 26]

4a.
     
  The Commission shall, by means of delegated acts, adopt rules regarding the rounding off of animal numbers where the calculation of the maximum number of heifers as a percentage as laid down in the second subparagraph of Article 111(2) produces a result which is not a whole number.
  ".

| (63) | Article 116 is amended as follows:






  (a) | paragraph 1 is amended as follows:






  (i) | the first subparagraph is replaced by the following:
  "A farmer keeping bovine animals on his holding may qualify, on application, for a slaughter premium. It shall be granted on the slaughter of eligible animals or their export to a third country and within national ceilings to be determined by the Commission by means of implementing acts."; |
| --- | --- | --- | --- |

(63)

Article 116 is amended as follows:

(a)

paragraph 1 is amended as follows:

(i)

the first subparagraph is replaced by the following:

"A farmer keeping bovine animals on his holding may qualify, on application, for a slaughter premium. It shall be granted on the slaughter of eligible animals or their export to a third country and within national ceilings to be determined by the Commission by means of implementing acts.";

| (ii) | the third subparagraph is replaced by the following:
  "The animals listed in points (a) and (b) of the second subparagraph shall be eligible for the slaughter premium provided they have been held by the farmer for a period to be determined by the Commission by means of implementing acts."; |
| --- | --- |

(ii)

the third subparagraph is replaced by the following:

"The animals listed in points (a) and (b) of the second subparagraph shall be eligible for the slaughter premium provided they have been held by the farmer for a period to be determined by the Commission by means of implementing acts.";

| (b) | in paragraph 3, the first subparagraph is replaced by the following:
  "The Commission shall, by means of implementing acts, adopt the national ceilings referred to in paragraph 1. Those ceilings shall be established per Member State and separately for both groups of animals as specified in (a) and (b) of the second subparagraph of that paragraph. Each ceiling shall be equal to the number of animals in each of these two groups which, in 1995, were slaughtered in the Member State concerned. The number of animals exported to third countries, according to Eurostat data or any other published official statistical information for that year accepted by the Commission, shall be added to each ceiling."; |
| --- | --- |

(b)

in paragraph 3, the first subparagraph is replaced by the following:

"The Commission shall, by means of implementing acts, adopt the national ceilings referred to in paragraph 1. Those ceilings shall be established per Member State and separately for both groups of animals as specified in (a) and (b) of the second subparagraph of that paragraph. Each ceiling shall be equal to the number of animals in each of these two groups which, in 1995, were slaughtered in the Member State concerned. The number of animals exported to third countries, according to Eurostat data or any other published official statistical information for that year accepted by the Commission, shall be added to each ceiling.";

| (c) | the following paragraphs are added:
  "5.   In order to ensure an efficient and targeted use of Union Funds, the Commission shall, by means of delegated acts, adopt rules on the obligation for a statement of participation to access the slaughter premium provided for in this Article.
  6.   In order to enable the application of the slaughter premium provided for in this Article, the Commission shall, by means of delegated acts, adopt rules on the eligibility of carcasses.
  7.   In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt rules on the amount of slaughter premium provided for in this Article that a number of eligible animals which is less than a whole number shall confer.". |
| --- | --- |

(c)

the following paragraphs are added:

"5.   In order to ensure an efficient and targeted use of Union Funds, the Commission shall, by means of delegated acts, adopt rules on the obligation for a statement of participation to access the slaughter premium provided for in this Article.

6.   In order to enable the application of the slaughter premium provided for in this Article, the Commission shall, by means of delegated acts, adopt rules on the eligibility of carcasses.

7.   In order to guarantee the protection of the rights of beneficiaries, the Commission shall, by means of delegated acts, adopt rules on the amount of slaughter premium provided for in this Article that a number of eligible animals which is less than a whole number shall confer.".

| (64) | Article 117 is amended as follows:






  (a) | the second paragraph is replaced by the following:
  "Nevertheless, an animal shall also be deemed eligible for the payments where the information laid down in the second indent of Article 7(1) of Regulation (EC) No 1760/2000 has been reported to the competent authority on the first day of the retention period of the animal as determined by the Commission, by means of implementing acts."; |
| --- | --- | --- |

(64)

Article 117 is amended as follows:

(a)

the second paragraph is replaced by the following:

"Nevertheless, an animal shall also be deemed eligible for the payments where the information laid down in the second indent of Article 7(1) of Regulation (EC) No 1760/2000 has been reported to the competent authority on the first day of the retention period of the animal as determined by the Commission, by means of implementing acts.";

| (b) | the following paragraphs are added:
  "The Commission shall, by means of implementing acts, adopt rules regarding:






  — | the applications for premiums and the documents to be submitted by the farmers, the determination of retention periods and the applicable procedure for the identification and registration of animals; |
| --- | --- | --- |

(b)

the following paragraphs are added:

"The Commission shall, by means of implementing acts, adopt rules regarding:

—

the applications for premiums and the documents to be submitted by the farmers, the determination of retention periods and the applicable procedure for the identification and registration of animals;

| — | the operative event for determining the year to which animals are allocated for the purpose of determining the amount of premium applicable and applying the rate of aid and calculating the proportional reduction; |
| --- | --- |

—

the operative event for determining the year to which animals are allocated for the purpose of determining the amount of premium applicable and applying the rate of aid and calculating the proportional reduction;

| — | the withdrawal and reallocation of unused premium rights established under this Section.". |
| --- | --- |

—

the withdrawal and reallocation of unused premium rights established under this Section.".

| (65) | In Article 119(1), the following subparagraph is added:
  "The Commission shall, by means of implementing acts, adopt rules on the length of the exclusion.". |
| --- | --- |

(65)

In Article 119(1), the following subparagraph is added:

"The Commission shall, by means of implementing acts, adopt rules on the length of the exclusion.".

| (66) | In Article 124, the following paragraphs are added:
  "9.   In order to enable the application of the single area payment scheme referred to in this Title, the Commission shall, by means of delegated acts, determine the agricultural areas under the single area payment scheme, as provided for in paragraph 1, and the minimum size of eligible area per holding for which payments may be requested at a level higher than 0,3 ha, as provided for in the third subparagraph of paragraph 2.
  10.   In order to establish a list of hemp varieties eligible for direct payments and to preserve public health, the Commission shall, by means of delegated acts, adopt rules making the granting of payments subject to the use of certified seeds of certain varieties and providing for the procedure for the determination of hemp varieties referred to in Article 39.". |
| --- | --- |

(66)

In Article 124, the following paragraphs are added:

"9.   In order to enable the application of the single area payment scheme referred to in this Title, the Commission shall, by means of delegated acts, determine the agricultural areas under the single area payment scheme, as provided for in paragraph 1, and the minimum size of eligible area per holding for which payments may be requested at a level higher than 0,3 ha, as provided for in the third subparagraph of paragraph 2.

10.   In order to establish a list of hemp varieties eligible for direct payments and to preserve public health, the Commission shall, by means of delegated acts, adopt rules making the granting of payments subject to the use of certified seeds of certain varieties and providing for the procedure for the determination of hemp varieties referred to in Article 39.".

| (67) | In Article 126, the following paragraph is added:
  "4.   On the basis of the choice made by each Member State, the Commission shall, by means of implementing acts, fix the corresponding ceiling for the support referred to in this Article.". |
| --- | --- |

(67)

In Article 126, the following paragraph is added:

"4.   On the basis of the choice made by each Member State, the Commission shall, by means of implementing acts, fix the corresponding ceiling for the support referred to in this Article.".

| (68) | In Article 127, the following paragraph is added:
  "3.   On the basis of the choice made by each Member State, the Commission shall, by means of an implementing act, fix the corresponding ceiling for the support referred to in this Article.". |
| --- | --- |

(68)

In Article 127, the following paragraph is added:

"3.   On the basis of the choice made by each Member State, the Commission shall, by means of an implementing act, fix the corresponding ceiling for the support referred to in this Article.".

| (69) | Article 128 is amended as follows:






  (a) | in paragraph 1, the second subparagraph is replaced by the following:
  "In this case and within the limit of the ceiling fixed in by the Commission by means of implementing acts, the Member State concerned shall make, on a yearly basis, an additional payment to farmers."; |
| --- | --- | --- |

(69)

Article 128 is amended as follows:

(a)

in paragraph 1, the second subparagraph is replaced by the following:

"In this case and within the limit of the ceiling fixed in by the Commission by means of implementing acts, the Member State concerned shall make, on a yearly basis, an additional payment to farmers.";

| (b) | in paragraph 2, the second subparagraph is replaced by the following:
  "In this case and within the limit of the ceiling fixed by the Commission by means of implementing acts, the Member State concerned shall make, on a yearly basis, an additional payment to farmers.". |
| --- | --- |

(b)

in paragraph 2, the second subparagraph is replaced by the following:

"In this case and within the limit of the ceiling fixed by the Commission by means of implementing acts, the Member State concerned shall make, on a yearly basis, an additional payment to farmers.".

| (70) | In Article 129, the following paragraph is added:
  "4.   On the basis of the choice made by each Member State, the Commission shall, by means of an implementing act, fix the corresponding ceiling for the support referred to in this Article.". |
| --- | --- |

(70)

In Article 129, the following paragraph is added:

"4.   On the basis of the choice made by each Member State, the Commission shall, by means of an implementing act, fix the corresponding ceiling for the support referred to in this Article.".

| (71) | In Article 131(4), the first subparagraph is replaced by the following:
  "The amounts referred to in paragraph 1 shall be set by the Commission by means of implementing acts.". |
| --- | --- |

(71)

In Article 131(4), the first subparagraph is replaced by the following:

"The amounts referred to in paragraph 1 shall be set by the Commission by means of implementing acts.".

| (72) | Article 132 is amended as follows:






  (a) | in paragraph 2, the introductory phrase is replaced by the following:
  "The new Member States shall have the possibility, subject to authorisation by the Commission by means of an implementing act without the assistance of the Committee referred to in Article 141c, to complement any direct payments"; |
| --- | --- | --- |

(72)

Article 132 is amended as follows:

(a)

in paragraph 2, the introductory phrase is replaced by the following:

"The new Member States shall have the possibility, subject to authorisation by the Commission by means of an implementing act without the assistance of the Committee referred to in Article 141c, to complement any direct payments";

| (b) | the following paragraphs are added:
  "9.   In order to enable the application of the complementary national direct payments, the Commission shall, by means of delegated acts, adopt rules for the purposes of point (b) of paragraph 7 on the conditions for granting that aid.
  10.   The Commission shall, by means of implementing acts, adopt necessary measures:






  — | for cases in which the complementary national direct payments would exceed the maximum level authorised by the Commission; |
| --- | --- | --- |

(b)

the following paragraphs are added:

"9.   In order to enable the application of the complementary national direct payments, the Commission shall, by means of delegated acts, adopt rules for the purposes of point (b) of paragraph 7 on the conditions for granting that aid.

10.   The Commission shall, by means of implementing acts, adopt necessary measures:

—

for cases in which the complementary national direct payments would exceed the maximum level authorised by the Commission;

| — | regarding controls.". |
| --- | --- |

—

regarding controls.".

| (73) | In Article 139, the following paragraph is added:
  "However, complementary national direct payments provided for in Article 132 which are not paid not in conformity with the authorisation by the Commission shall be considered as unlawful State aid within the meaning of Council Regulation (EC) No 659/1999 (11). |
| --- | --- |

(73)

In Article 139, the following paragraph is added:

"However, complementary national direct payments provided for in Article 132 which are not paid not in conformity with the authorisation by the Commission shall be considered as unlawful State aid within the meaning of Council Regulation (EC) No 659/1999 (11).

| (74) | In Article 140, the following paragraph is added:
  "The Commission shall, by means of implementing acts, adopt rules on the notification to the Commission by Member States of information, documents, statistics and reports, as well as the deadlines and methods for their notification.". |
| --- | --- |

(74)

In Article 140, the following paragraph is added:

"The Commission shall, by means of implementing acts, adopt rules on the notification to the Commission by Member States of information, documents, statistics and reports, as well as the deadlines and methods for their notification.".

| (75) | Articles 141 and 142 are deleted. |
| --- | --- |

(75)

Articles 141 and 142 are deleted.

| (76) | In Chapter 1 of Title VII, the following Articles are added:

  "Article 141a


  Commission powers

  Where powers are conferred upon the Commission, it shall act in accordance with the procedure referred to in Article 141b in the case of delegated acts and in accordance with the procedure referred to in Article 141c in the case of implementing acts, save where explicitly provided otherwise in this Regulation.

  Article 141b



  Delegated acts

  Exercise of delegation

  1.   The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

  subject to the conditions laid down in this Article
  .
  2.   The delegation of power referred to in paragraph 1 may be revoked by the European Parliament or by the Council.

  Article 2a, Article 6(3), Article 8(2), Article 9(3), Articles 11a(1) and 11a(2), Article 12(5), Articles 27a(1), 27a(2), 27a(3), 27a(4) and 27a(5), Article 31a, Article 33(5), Article 40(1), Articles 45a(1), 45a(2), 45a(3), 45a(4) and 45a(5), Article 54a, Articles 62a(1), 62a(3) or 62a(4), Article 67a, Article 68(7), Article 76a, Article 77, Article 81(3), Articles 85(4) or 85(5), Articles 87(4), 87(5), 87(6), 87(7) and 87(8), Article 89(3), Article 90(5), Article 91(3), Articles 97(5), 97(6) and 97(7), Articles 98(7) and 98(8), Article 103(3), Article 105(6), Article 110(4), Articles 111(7) and 111(8), Article 113(6) new, Articles 115(3) and 115(5)new, Articles 116(5), 116(6) and 116(7), Articles 124(9) and 124(10) and Article 132(9) shall be conferred on the Commission for a period of five years from ... (12). The Commission shall draw up a report in respect of the delegated powers no later than nine months before the end of this five years period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three month before the end of each period.



  The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.


  The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

  3.   The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.


  If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.


  The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.


  If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.



  The delegation of power may be revoked at any time by the European Parliament or by the Council. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect
  the
  day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.




  4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




  5.
     
  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 28]


  Article 141ba


  Urgency procedure



  1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.




  2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 141b(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council. [Am. 29]


  Article 141c



  Implementing acts - Committee
  Procedure


  [To be completed following the adoption of the Regulation laying down the rules and general principles concerning mechanisms for control envisaged in Article 291(2) TFEU, which is currently under discussion before the PE and the Council.]









  1. | The Commission shall be assisted by the Committee for Direct Payments. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (13). |
| --- | --- | --- |

(76)

In Chapter 1 of Title VII, the following Articles are added:

"Article 141a

Commission powers

Where powers are conferred upon the Commission, it shall act in accordance with the procedure referred to in Article 141b in the case of delegated acts and in accordance with the procedure referred to in Article 141c in the case of implementing acts, save where explicitly provided otherwise in this Regulation.

Article 141b

Delegated acts

  Exercise of delegation

1.   The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

  subject to the conditions laid down in this Article
  .

2.   The delegation of power referred to in paragraph 1 may be revoked by the European Parliament or by the Council.

  Article 2a, Article 6(3), Article 8(2), Article 9(3), Articles 11a(1) and 11a(2), Article 12(5), Articles 27a(1), 27a(2), 27a(3), 27a(4) and 27a(5), Article 31a, Article 33(5), Article 40(1), Articles 45a(1), 45a(2), 45a(3), 45a(4) and 45a(5), Article 54a, Articles 62a(1), 62a(3) or 62a(4), Article 67a, Article 68(7), Article 76a, Article 77, Article 81(3), Articles 85(4) or 85(5), Articles 87(4), 87(5), 87(6), 87(7) and 87(8), Article 89(3), Article 90(5), Article 91(3), Articles 97(5), 97(6) and 97(7), Articles 98(7) and 98(8), Article 103(3), Article 105(6), Article 110(4), Articles 111(7) and 111(8), Article 113(6) new, Articles 115(3) and 115(5)new, Articles 116(5), 116(6) and 116(7), Articles 124(9) and 124(10) and Article 132(9) shall be conferred on the Commission for a period of five years from ... (12). The Commission shall draw up a report in respect of the delegated powers no later than nine months before the end of this five years period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three month before the end of each period.

The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

3.   The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

The delegation of power may be revoked at any time by the European Parliament or by the Council. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect
  the
  day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.
     
  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 28]

Article 141ba

Urgency procedure

1.
     
  Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.
     
  Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 141b(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council. [Am. 29]

Article 141c

Implementing acts - Committee
  Procedure

[To be completed following the adoption of the Regulation laying down the rules and general principles concerning mechanisms for control envisaged in Article 291(2) TFEU, which is currently under discussion before the PE and the Council.]

1.

The Commission shall be assisted by the Committee for Direct Payments. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (13).

| 2. | Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. |
| --- | --- |

2.

Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 2

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

It shall apply from ...

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 107, 6.4.2011, p. 30.

1

(2)  Position of the European Parliament of 4 July 2012.

2

(3)  OJ L 30, 31.1.2009, p. 16.

3

(4)  

  OJ L 55, 28.2.2011, p. 13.

4

OJ L 55, 28.2.2011, p. 13.

(5)  OJ L 316, 2.12.2009, p. 1.

5

(6)  OJ L 316, 2.12.2009, p. 27.

6

(7)  OJ L 316, 2.12.2009, p. 65.

7

(8)  OJ L 215, 30.7.1992, p. 85.

8

(9)  OJ L 160, 26.6.1999, p. 80.".

9

(10)  OJ L 124, 8.6.1971, p. 1.".

10

(11)  OJ L 83, 27.3.1999, p. 1.".

11

(12)

12

| + | Date of entry into force of this Regulation. |
| --- | --- |

+

Date of entry into force of this Regulation.

(13)  

  OJ L 55, 28.2.2011, p. 13.
  "

13

OJ L 55, 28.2.2011, p. 13.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/215 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/215

---

Wednesday 4 July 2012Support for rural development by the European Agricultural Fund for Rural Development ***I

P7_TA(2012)0279

European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (COM(2010)0537 – C7-0295/2010 – 2010/0266(COD))

2013/C 349 E/24

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0537), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0537),

| — | having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0295/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0295/2010),

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

—

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

| — | having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies and by the Polish Diet and Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies and by the Polish Diet and Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 16 February 2011 (1),

| — | having regard to Rule 55 of its Rules of Procedure |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure

| — | having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Regional Development (A7-0161/2011), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Regional Development (A7-0161/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 107, 6.4.2011, p. 30.

---

Wednesday 4 July 2012P7_TC1-COD(2010)0266

Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Regulation (EC) No 1698/2005 (3) confers powers on the Commission in order to implement some of the provisions of that Regulation. |
| --- | --- |

(1)

Council Regulation (EC) No 1698/2005 (3) confers powers on the Commission in order to implement some of the provisions of that Regulation.

| (2) | As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1698/2005 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). |
| --- | --- |

(2)

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1698/2005 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty).

| (3) | The Commission should have

  In order to ensure the proper functioning of the regime established by Regulation (EC) No 1698/2005,
  the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend

  on the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending
  certain non-essential elements of
  that
  Regulation (EC) No 1698/2005. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. [Am. 1] |
| --- | --- |

(3)

The Commission should have

  In order to ensure the proper functioning of the regime established by Regulation (EC) No 1698/2005,
  the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend

  on the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending
  certain non-essential elements of
  that
  Regulation (EC) No 1698/2005. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council. [Am. 1]

| (4) | In order to guarantee a

  ensure
  uniform application

  conditions for the implementation of
  of Regulation (EC) No 1698/2005 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty.

  , implementing powers should be conferred on the Commission. Those powers,
  save where explicitly provided otherwise, the Commission should adopt those implementing acts

  , should be exercised
  in accordance with the provisions of Regulation (EU) No
  182/2011
  of the European Parliament and the Council
  of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (4). [Am. 2] |
| --- | --- |

(4)

In order to guarantee a

  ensure
  uniform application

  conditions for the implementation of
  of Regulation (EC) No 1698/2005 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty.

  , implementing powers should be conferred on the Commission. Those powers,
  save where explicitly provided otherwise, the Commission should adopt those implementing acts

  , should be exercised
  in accordance with the provisions of Regulation (EU) No
  182/2011
  of the European Parliament and the Council
  of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (4). [Am. 2]

| (5) | Some of the provisions on rural development that have so far been adopted by the Commission under the powers conferred on it by Regulation (EC) No 1698/2005 are considered of such importance that they should be incorporated in that Regulation. |
| --- | --- |

(5)

Some of the provisions on rural development that have so far been adopted by the Commission under the powers conferred on it by Regulation (EC) No 1698/2005 are considered of such importance that they should be incorporated in that Regulation.

| (6) | In order to ensure a uniform presentation of updates of national strategy plans by Member States, the Commission should be able to set out uniform rules by means of implementing acts. |
| --- | --- |

(6)

In order to ensure a uniform presentation of updates of national strategy plans by Member States, the Commission should be able to set out uniform rules by means of implementing acts.

| (7) | Member States and the Commission are required to report on the monitoring of the national and Community strategy. In order to reduce the administrative burden and to avoid duplication of work, the number of strategic summary reports submitted by each Member State should be reduced to two and their content simplified. |
| --- | --- |

(7)

Member States and the Commission are required to report on the monitoring of the national and Community strategy. In order to reduce the administrative burden and to avoid duplication of work, the number of strategic summary reports submitted by each Member State should be reduced to two and their content simplified.

| (8) | In order to ensure that the assessment of the rural development programmes submitted by the Member States in accordance with Article 18(2) of Regulation (EC) No 1698/2005 may be done in a uniform and comparable manner, the Commission should, by means of implementing acts, adopt uniform rules for the presentation of rural development programmes. |
| --- | --- |

(8)

In order to ensure that the assessment of the rural development programmes submitted by the Member States in accordance with Article 18(2) of Regulation (EC) No 1698/2005 may be done in a uniform and comparable manner, the Commission should, by means of implementing acts, adopt uniform rules for the presentation of rural development programmes.

| (9) | In the interest of legal certainty, rural development programmes should be approved by the Commission by means of implementing acts. |
| --- | --- |

(9)

In the interest of legal certainty, rural development programmes should be approved by the Commission by means of implementing acts.

| (10) | In order to ensure transparency and efficiency in the adoption of rural development programmes, the Commission should be able to lay down the relevant procedures by means of implementing acts. |
| --- | --- |

(10)

In order to ensure transparency and efficiency in the adoption of rural development programmes, the Commission should be able to lay down the relevant procedures by means of implementing acts.

| (11) | The Commission should also, by means of implementing acts, adopt decisions on requests to revise rural development programmes after the submission of such requests by Member State. |
| --- | --- |

(11)

The Commission should also, by means of implementing acts, adopt decisions on requests to revise rural development programmes after the submission of such requests by Member State.

| (12) | In order to ensure transparency and efficiency in the revision of rural development programmes, the Commission should, by means of implementing acts, lay down the relevant procedures. |
| --- | --- |

(12)

In order to ensure transparency and efficiency in the revision of rural development programmes, the Commission should, by means of implementing acts, lay down the relevant procedures.

| (13) | The use of advisory services should help farmers to assess the performance of their agricultural holding and identify necessary improvements with regard to the statutory management requirements and the good agricultural and environmental condition as provided for in Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (5) and the Community standards relating to occupational safety. Taking into account that the support for the use of advisory services has been available already for several years, a more tailor-made use should be facilitated, to better reflect the individual needs of the beneficiary. |
| --- | --- |

(13)

The use of advisory services should help farmers to assess the performance of their agricultural holding and identify necessary improvements with regard to the statutory management requirements and the good agricultural and environmental condition as provided for in Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (5) and the Community standards relating to occupational safety. Taking into account that the support for the use of advisory services has been available already for several years, a more tailor-made use should be facilitated, to better reflect the individual needs of the beneficiary.

| (14) | As a follow up to the Commission Communication on a Better Functioning Food Supply Chain in Europe and the High Level Expert Group on Milk (6), the current funding possibilities to support the setting up and administrative operation of producer groups should be extended to all Member States. However, in order to avoid cases where support could be granted simultaneously from different sources, support for setting up of producer groups in the fruit and vegetables sector should be excluded. |
| --- | --- |

(14)

As a follow up to the Commission Communication on a Better Functioning Food Supply Chain in Europe and the High Level Expert Group on Milk (6), the current funding possibilities to support the setting up and administrative operation of producer groups should be extended to all Member States. However, in order to avoid cases where support could be granted simultaneously from different sources, support for setting up of producer groups in the fruit and vegetables sector should be excluded.

| (15) | Multiannual commitments under certain measures should normally be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission should be able to approve rural development programmes that contain a longer period for particular types of commitments in order to take account of special circumstances in certain areas. |
| --- | --- |

(15)

Multiannual commitments under certain measures should normally be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission should be able to approve rural development programmes that contain a longer period for particular types of commitments in order to take account of special circumstances in certain areas.

| (16) | Member States are required to confirm the delimitation of mountain areas and areas affected by specific handicaps and to delimitate areas affected by significant natural handicaps. The Commission should by means of implementing acts define the specific provisions according to which these areas are confirmed or delimitated in order to ensure that this is done in accordance with uniform criteria by all Member States. |
| --- | --- |

(16)

Member States are required to confirm the delimitation of mountain areas and areas affected by specific handicaps and to delimitate areas affected by significant natural handicaps. The Commission should by means of implementing acts define the specific provisions according to which these areas are confirmed or delimitated in order to ensure that this is done in accordance with uniform criteria by all Member States.

| (17) | Article 10 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7), requires Member States, with a view to improve the ecological coherence of the Natura 2000 network, to endeavour to encourage the management of features, which, by virtue of their linear and continuous structure or their function as stepping stones, are essential for the migration, dispersal and genetic exchange of wild species. Such areas should be made eligible for Natura 2000 payments. However, in order to ensure that payments continue to be primarily used for the designated Natura 2000 sites, it is appropriate to limit their proportion compared to Natura 2000 areas designated. |
| --- | --- |

(17)

Article 10 of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7), requires Member States, with a view to improve the ecological coherence of the Natura 2000 network, to endeavour to encourage the management of features, which, by virtue of their linear and continuous structure or their function as stepping stones, are essential for the migration, dispersal and genetic exchange of wild species. Such areas should be made eligible for Natura 2000 payments. However, in order to ensure that payments continue to be primarily used for the designated Natura 2000 sites, it is appropriate to limit their proportion compared to Natura 2000 areas designated.

| (18) | Where a Member State decides to make use of the option to consider non-compliance as minor or not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, in the following year, verify that the farmer remedies the findings of the non-compliance concerned. However, in order to ease the administrative burden, consideration should be given to simplifying the follow-up checks system. |
| --- | --- |

(18)

Where a Member State decides to make use of the option to consider non-compliance as minor or not to apply a reduction or exclusion where the amount concerned is less than EUR 100, the competent control authority should, in the following year, verify that the farmer remedies the findings of the non-compliance concerned. However, in order to ease the administrative burden, consideration should be given to simplifying the follow-up checks system.

| (19) | Each Member State is required to establish a national rural network. In order to ensure that the various national rural networks are set-up in a coherent and uniform manner, the Commission should, by means of implementing acts, fix details concerning the establishment and the operation of those networks. |
| --- | --- |

(19)

Each Member State is required to establish a national rural network. In order to ensure that the various national rural networks are set-up in a coherent and uniform manner, the Commission should, by means of implementing acts, fix details concerning the establishment and the operation of those networks.

| (20) | In order to ensure an objective and transparent distribution of commitment appropriations available to the Member States, the Commission should, by means of implementing acts, make an annual breakdown by Member State. Given the special nature of those acts, the Commission should be empowered to adopt them without the assistance of the committee provided for in Regulation (EU) No 182/2011. |
| --- | --- |

(20)

In order to ensure an objective and transparent distribution of commitment appropriations available to the Member States, the Commission should, by means of implementing acts, make an annual breakdown by Member State. Given the special nature of those acts, the Commission should be empowered to adopt them without the assistance of the committee provided for in Regulation (EU) No 182/2011.

| (21) | In order to be considered compatible with the internal market, any aid measure must contain some incentive element or require some counterpart on the part of the beneficiary. Aid which is granted retrospectively cannot be considered to contain the necessary incentive element. Consequently, in respect of measures falling within the scope of Article 42 of the Treaty, it should be provided that support is excluded for activities that have already been undertaken before submission of an application for support. |
| --- | --- |

(21)

In order to be considered compatible with the internal market, any aid measure must contain some incentive element or require some counterpart on the part of the beneficiary. Aid which is granted retrospectively cannot be considered to contain the necessary incentive element. Consequently, in respect of measures falling within the scope of Article 42 of the Treaty, it should be provided that support is excluded for activities that have already been undertaken before submission of an application for support.

| (22) | Member States should be required to undertake controls in accordance with the rules to be fixed by the Commission by means of delegated acts, notably regarding the type and intensity of controls, adapted to the nature of the different rural development measures. The Commission should further be empowered to fix, by means of implementing acts, uniform conditions for the implementation of controls by the authorities of Member States in order to ensure a coherent execution of controls. |
| --- | --- |

(22)

Member States should be required to undertake controls in accordance with the rules to be fixed by the Commission by means of delegated acts, notably regarding the type and intensity of controls, adapted to the nature of the different rural development measures. The Commission should further be empowered to fix, by means of implementing acts, uniform conditions for the implementation of controls by the authorities of Member States in order to ensure a coherent execution of controls.

| (23) | A common monitoring and evaluation network should be drawn up in cooperation between the Commission and the Member States. In the interest of transparency, it should be adopted by the Commission by means of implementing acts. |
| --- | --- |

(23)

A common monitoring and evaluation network should be drawn up in cooperation between the Commission and the Member States. In the interest of transparency, it should be adopted by the Commission by means of implementing acts.

| (24) | The Member States are required to send to the Commission each year an annual progress report on the implementation of their rural development programmes. Details concerning the annual progress reports for specific programmes for the national rural networks should, by means of implementing acts, be fixed by the Commission, in order to ensure a uniform and comparable content. |
| --- | --- |

(24)

The Member States are required to send to the Commission each year an annual progress report on the implementation of their rural development programmes. Details concerning the annual progress reports for specific programmes for the national rural networks should, by means of implementing acts, be fixed by the Commission, in order to ensure a uniform and comparable content.

| (25) | An information system to permit the secure exchange of data of common interest between the Commission and each Member State should be established. The Commission should, by means of implementing acts, adopt uniform conditions for the operation of that system. |
| --- | --- |

(25)

An information system to permit the secure exchange of data of common interest between the Commission and each Member State should be established. The Commission should, by means of implementing acts, adopt uniform conditions for the operation of that system.

| (26) | Regulation (EC) No 1698/2005 should therefore be amended accordingly, |
| --- | --- |

(26)

Regulation (EC) No 1698/2005 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1698/2005 is amended as follows:

| (1) | Article 5 is amended as follows:






  (a) | paragraph 2 is replaced by the following:
  "2.   The Commission and the Member States shall ensure that the assistance from the EAFRD and the Member States is consistent with the activities, policies and priorities of the Union. The assistance of the EAFRD shall be consistent with the objectives of Economic and Social Cohesion and those of the Union support instrument for fisheries in particular. In order to ensure that EAFRD assistance is also consistent with other support instruments of the Union, the Commission may, by means of delegated acts, lay down the specific Union measures with which such consistency is to be ensured."; |
| --- | --- | --- |

(1)

Article 5 is amended as follows:

(a)

paragraph 2 is replaced by the following:

"2.   The Commission and the Member States shall ensure that the assistance from the EAFRD and the Member States is consistent with the activities, policies and priorities of the Union. The assistance of the EAFRD shall be consistent with the objectives of Economic and Social Cohesion and those of the Union support instrument for fisheries in particular. In order to ensure that EAFRD assistance is also consistent with other support instruments of the Union, the Commission may, by means of delegated acts, lay down the specific Union measures with which such consistency is to be ensured.";

| (b) | paragraph 6 is replaced by the following:
  "6.   No support under this Regulation shall be granted to schemes eligible for support under common market organisations. In order to take into account the specific circumstances in programming areas, the Commission may, by means of delegated acts, adopt exceptions from this rule.". |
| --- | --- |

(b)

paragraph 6 is replaced by the following:

"6.   No support under this Regulation shall be granted to schemes eligible for support under common market organisations. In order to take into account the specific circumstances in programming areas, the Commission may, by means of delegated acts, adopt exceptions from this rule.".

| (2) | In Article 12, the following paragraph is added:
  "3.   National strategy plans may be updated during the programming period. The Commission may, by means of implementing acts, lay down rules concerning those updates.". |
| --- | --- |

(2)

In Article 12, the following paragraph is added:

"3.   National strategy plans may be updated during the programming period. The Commission may, by means of implementing acts, lay down rules concerning those updates.".

| (3) | In Article 13, paragraphs 1 and 2 are replaced by the following:
  "1.   Each Member State shall submit to the Commission two summary reports setting out the progress made in implementing its national strategy plan and objectives and its contribution to the achievement of Community strategic guidelines. The first report shall be submitted in 2010 and the second one in 2015, no later than on 1 October.
  2.   The report shall describe in particular:






  (a) | the achievements and results of the rural development programmes relative to the indicators set out in the national strategy plan; |
| --- | --- | --- |

(3)

In Article 13, paragraphs 1 and 2 are replaced by the following:

"1.   Each Member State shall submit to the Commission two summary reports setting out the progress made in implementing its national strategy plan and objectives and its contribution to the achievement of Community strategic guidelines. The first report shall be submitted in 2010 and the second one in 2015, no later than on 1 October.

2.   The report shall describe in particular:

(a)

the achievements and results of the rural development programmes relative to the indicators set out in the national strategy plan;

| (b) | the results of the ongoing evaluation activities for each programme.". |
| --- | --- |

(b)

the results of the ongoing evaluation activities for each programme.".

| (4) | In Article 14(1), the first subparagraph is replaced by the following:
  "The Commission shall present two reports summarising the main developments, trends and challenges relating to the implementation of the national strategy plans and the Community strategic guidelines. The first report shall be presented in 2011 and the second in 2016.". |
| --- | --- |

(4)

In Article 14(1), the first subparagraph is replaced by the following:

"The Commission shall present two reports summarising the main developments, trends and challenges relating to the implementation of the national strategy plans and the Community strategic guidelines. The first report shall be presented in 2011 and the second in 2016.".

| (5) | Article 18 is amended as follows:






  (a) | in paragraph 3 the following subparagraph is added:
  "In view of this assessment the Commission shall, by means of implementing acts, adopt uniform conditions for the presentation of rural development programmes."; |
| --- | --- | --- |

(5)

Article 18 is amended as follows:

(a)

in paragraph 3 the following subparagraph is added:

"In view of this assessment the Commission shall, by means of implementing acts, adopt uniform conditions for the presentation of rural development programmes.";

| (b) | paragraph 4 is replaced by the following:
  "4.   The Commission shall approve each rural development programme by means of implementing acts.
  It may also, by means of implementing acts, lay down the procedure for such approval.". |
| --- | --- |

(b)

paragraph 4 is replaced by the following:

"4.   The Commission shall approve each rural development programme by means of implementing acts.

It may also, by means of implementing acts, lay down the procedure for such approval.".

| (6) | In Article 19, paragraph 2 is replaced by the following:
  "2.   The Commission shall, by means of implementing acts, adopt decisions on requests to revise rural development programmes after the submission of such requests by the Member States.
  In order to enable the Commission to apply efficient and proportionate procedures, the Commission may, by means of delegated acts, lay down the rules concerning the changes that do not require approval by the Commission or require approval without the assistance by the Committee referred to in Article 91c.
  Procedural provisions for the submission, assessment and approval of changes shall be adopted by the Commission by means of implementing acts.". |
| --- | --- |

(6)

In Article 19, paragraph 2 is replaced by the following:

"2.   The Commission shall, by means of implementing acts, adopt decisions on requests to revise rural development programmes after the submission of such requests by the Member States.

In order to enable the Commission to apply efficient and proportionate procedures, the Commission may, by means of delegated acts, lay down the rules concerning the changes that do not require approval by the Commission or require approval without the assistance by the Committee referred to in Article 91c.

Procedural provisions for the submission, assessment and approval of changes shall be adopted by the Commission by means of implementing acts.".

| (7) | In Article 20(d), point (ii) is replaced by the following:






  "(ii) | Supporting the setting up of producer groups;". |
| --- | --- | --- |

(7)

In Article 20(d), point (ii) is replaced by the following:

"(ii)

Supporting the setting up of producer groups;".

| (8) | The following Article is inserted before Subsection 1:

  "Article 20a


  Specific conditions

  In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 20.". |
| --- | --- |

(8)

The following Article is inserted before Subsection 1:

"Article 20a

Specific conditions

In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 20.".

| (9) | In Article 24(1), the second subparagraph is replaced by the following:
  "As a minimum, theThe advisory service to farmers
  (including the provision of technical advice)
  shall
  in all cases
  cover one or more
  than one
  of the statutory management requirements and good agricultural and environmental conditions provided for in Articles 5 and 6 of and Annexes II and III to Regulation (EC) No 73/2009 and, where relevant, one or more of the occupational safety standards based on Union legislation.".
  [Am. 3] |
| --- | --- |

(9)

In Article 24(1), the second subparagraph is replaced by the following:

"As a minimum, theThe advisory service to farmers
  (including the provision of technical advice)
  shall
  in all cases
  cover one or more
  than one
  of the statutory management requirements and good agricultural and environmental conditions provided for in Articles 5 and 6 of and Annexes II and III to Regulation (EC) No 73/2009 and, where relevant, one or more of the occupational safety standards based on Union legislation.".

| (10) | In Article 32(1), point (b) is replaced by the following:






  "(b) | be for Union food quality schemes, or for those recognised by the Member States which comply with precise criteria defined by the Commission by means of delegated acts in order to ensure coherence of this measure with EU policy and priorities. Schemes whose sole purpose is to provide a higher level of control of respect of obligatory standards under Union or national law shall not be eligible for support;". |
| --- | --- | --- |

(10)

In Article 32(1), point (b) is replaced by the following:

"(b)

be for Union food quality schemes, or for those recognised by the Member States which comply with precise criteria defined by the Commission by means of delegated acts in order to ensure coherence of this measure with EU policy and priorities. Schemes whose sole purpose is to provide a higher level of control of respect of obligatory standards under Union or national law shall not be eligible for support;".

| (11) | In Article 33, the following paragraph is added:
  "The support shall be granted to the producer groups consisting of operators actively participating in a food quality scheme as referred to in Article 32. Professional and/or inter-professional organisations representing one or more sectors cannot qualify as ‘producer groups’.". |
| --- | --- |

(11)

In Article 33, the following paragraph is added:

"The support shall be granted to the producer groups consisting of operators actively participating in a food quality scheme as referred to in Article 32. Professional and/or inter-professional organisations representing one or more sectors cannot qualify as ‘producer groups’.".

| (12) | In Article 35, paragraph 3 is replaced by the following:
  "3.   The support shall be granted to producer groups which are officially recognised by the Member State's competent authority by 31 December 2013. However, no support shall be granted for the setting up of producer groups in the fruit and vegetables sector.". |
| --- | --- |

(12)

In Article 35, paragraph 3 is replaced by the following:

"3.   The support shall be granted to producer groups which are officially recognised by the Member State's competent authority by 31 December 2013. However, no support shall be granted for the setting up of producer groups in the fruit and vegetables sector.".

| (13) | The following Article is inserted before Subsection 1:

  "Article 36a


  Specific conditions

  In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 36.". |
| --- | --- |

(13)

The following Article is inserted before Subsection 1:

"Article 36a

Specific conditions

In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 36.".

| (14) | In Article 38, paragraph 2 is replaced by the following:
  "2.   Support shall be limited to the maximum amount laid down in the Annex I to this Regulation. In order to avoid overlapping between support provided for in Article 20(c)(i) and support provided for in Article 36(a)(iii), the Commission shall, by means of delegated acts, lay down the rules concerning the disadvantages related to specific requirements introduced by Directive 2000/60/EC and fix the conditions as regards the amount of annual support for payments linked to that Directive.". |
| --- | --- |

(14)

In Article 38, paragraph 2 is replaced by the following:

"2.   Support shall be limited to the maximum amount laid down in the Annex I to this Regulation. In order to avoid overlapping between support provided for in Article 20(c)(i) and support provided for in Article 36(a)(iii), the Commission shall, by means of delegated acts, lay down the rules concerning the disadvantages related to specific requirements introduced by Directive 2000/60/EC and fix the conditions as regards the amount of annual support for payments linked to that Directive.".

| (15) | In Article 39(3), the second subparagraph is replaced by the following:
  "These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments.". |
| --- | --- |

(15)

In Article 39(3), the second subparagraph is replaced by the following:

"These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments.".

| (16) | In Article 40(2), the second subparagraph is replaced by the following:
  "These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments.". |
| --- | --- |

(16)

In Article 40(2), the second subparagraph is replaced by the following:

"These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments.".

| (17) | In Article 41, the following paragraph is added:
  "For benefiting from such support the investments concerned must not lead to any significant increase in the value or profitability of the agricultural or forestry holding.". |
| --- | --- |

(17)

In Article 41, the following paragraph is added:

"For benefiting from such support the investments concerned must not lead to any significant increase in the value or profitability of the agricultural or forestry holding.".

| (18) | In Article 43(1), the following subparagraph is added:
  "For the purposes of point (c) of the first subparagraph, ‘farmers’ means persons who

  The aid to which this Article refers shall only apply to farmers or farmers’ associations that
  devote an essential part of their working time to agricultural activities and derive from them a significant part of their income according to criteria to be defined by the Member State.".
  [Am. 4] |
| --- | --- |

(18)

In Article 43(1), the following subparagraph is added:

"For the purposes of point (c) of the first subparagraph, ‘farmers’ means persons who

  The aid to which this Article refers shall only apply to farmers or farmers’ associations that
  devote an essential part of their working time to agricultural activities and derive from them a significant part of their income according to criteria to be defined by the Member State.".

| (19) | In Article 47(1), the second subparagraph is replaced by the following:
  "These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments.". |
| --- | --- |

(19)

In Article 47(1), the second subparagraph is replaced by the following:

"These commitments shall be undertaken as a general rule for a period between five and seven years. Where necessary and justified, the Commission may, by means of implementing acts, approve rural development programmes that contain a longer period for particular types of commitments.".

| (20) | In Article 49, the following paragraph is added:
  "For benefiting from such support the investments concerned must not lead to any significant increase in the value or profitability of the agricultural or forestry holding.". |
| --- | --- |

(20)

In Article 49, the following paragraph is added:

"For benefiting from such support the investments concerned must not lead to any significant increase in the value or profitability of the agricultural or forestry holding.".

| (21) | Article 50 is amended as follows:






  (a) | paragraphs 4 and 5 are replaced by the following:
  "4.   The Commission shall, by means of implementing acts, adopt rules according to which the Member States shall, in their programmes:






  (a) | confirm the existing delimitation pursuant to paragraphs 2 and 3(b) or amend it, or |
| --- | --- | --- | --- |

(21)

Article 50 is amended as follows:

(a)

paragraphs 4 and 5 are replaced by the following:

"4.   The Commission shall, by means of implementing acts, adopt rules according to which the Member States shall, in their programmes:

(a)

confirm the existing delimitation pursuant to paragraphs 2 and 3(b) or amend it, or

| (b) | delimitate the areas referred to in paragraph 3(a). |
| --- | --- |

(b)

delimitate the areas referred to in paragraph 3(a).

5.   The following agricultural areas shall be eligible for payments provided for in Article 36(a)(iii):

| (a) | Natura 2000 agricultural areas designated pursuant to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (8) and Directive 92/43/EEC; |
| --- | --- |

(a)

Natura 2000 agricultural areas designated pursuant to Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (8) and Directive 92/43/EEC;

| (b) | other delimited nature protection areas with environmental restrictions applicable to farming which contribute to the implementation of Article 10 of Directive 92/43/EEC; |
| --- | --- |

(b)

other delimited nature protection areas with environmental restrictions applicable to farming which contribute to the implementation of Article 10 of Directive 92/43/EEC;

| (c) | agricultural areas, included in river basin management plans according to Directive 2000/60/EC. |
| --- | --- |

(c)

agricultural areas, included in river basin management plans according to Directive 2000/60/EC.

| (b) | paragraph 7 is replaced by the following:
  "7.   The following forest areas shall be eligible for payments provided for in Article 36(b)(iv):






  (a) | Natura 2000 forest areas designated pursuant to Directives 2009/147/EC and 92/43/EEC; |
| --- | --- | --- |

(b)

paragraph 7 is replaced by the following:

"7.   The following forest areas shall be eligible for payments provided for in Article 36(b)(iv):

(a)

Natura 2000 forest areas designated pursuant to Directives 2009/147/EC and 92/43/EEC;

| (b) | other delimited nature protection areas with environmental restrictions applicable to forests which contribute to the implementation of Article 10 of Directive 92/43/EEC."; |
| --- | --- |

(b)

other delimited nature protection areas with environmental restrictions applicable to forests which contribute to the implementation of Article 10 of Directive 92/43/EEC.";

| (c) | the following paragraph is added:
  "9.   The areas referred to in point (b) of paragraph 5 and in point (b) of paragraph 7 of this Article shall, per rural development programme, not exceed 5 % of the Natura 2000 areas covered by its territorial scope.". |
| --- | --- |

(c)

the following paragraph is added:

"9.   The areas referred to in point (b) of paragraph 5 and in point (b) of paragraph 7 of this Article shall, per rural development programme, not exceed 5 % of the Natura 2000 areas covered by its territorial scope.".

| (22) | Article 51 is amended as follows:






  (a) | in paragraph 2, the third subparagraph is replaced by the following:
  "Where a Member State decides to make use of the option provided for in the second subparagraph, in the following year the competent authority shall take the actions required to verify that the beneficiary remedies the finding of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the beneficiary."; |
| --- | --- | --- |

(22)

Article 51 is amended as follows:

(a)

in paragraph 2, the third subparagraph is replaced by the following:

"Where a Member State decides to make use of the option provided for in the second subparagraph, in the following year the competent authority shall take the actions required to verify that the beneficiary remedies the finding of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the beneficiary.";

| (b) | in paragraph 4, the introductory phrase is replaced by the following:
  "In order to ensure the coherent application of reductions and exclusions of payment provided for in this Article, the Commission shall, by means of delegated acts, lay down the relevant rules for the application of the principles of transparency and proportionality. In this context account shall be taken of the severity, extent, permanence and repetition of non-compliance found as well as of the following criteria:". |
| --- | --- |

(b)

in paragraph 4, the introductory phrase is replaced by the following:

"In order to ensure the coherent application of reductions and exclusions of payment provided for in this Article, the Commission shall, by means of delegated acts, lay down the relevant rules for the application of the principles of transparency and proportionality. In this context account shall be taken of the severity, extent, permanence and repetition of non-compliance found as well as of the following criteria:".

| (23) | The following Article is inserted before Subsection 1:

  "Article 52a


  Specific conditions

  In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 52.". |
| --- | --- |

(23)

The following Article is inserted before Subsection 1:

"Article 52a

Specific conditions

In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 52.".

| (24) | In Article 53, the following paragraph is added:
  "For the purposes of this Article a ‘member of the farm household’ shall mean a natural or legal person or a group of natural or legal persons, whatever legal status is granted to the group and its members in national law, with the exception of farm workers. Where a member of the farm household is a legal person or a group of legal persons, that member must exercise agricultural activity on the farm at the time of the support application.". |
| --- | --- |

(24)

In Article 53, the following paragraph is added:

"For the purposes of this Article a ‘member of the farm household’ shall mean a natural or legal person or a group of natural or legal persons, whatever legal status is granted to the group and its members in national law, with the exception of farm workers. Where a member of the farm household is a legal person or a group of legal persons, that member must exercise agricultural activity on the farm at the time of the support application.".

| (25) | The following Article is inserted:

  "Article 63a


  Specific conditions

  In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 63.". |
| --- | --- |

(25)

The following Article is inserted:

"Article 63a

Specific conditions

In order to ensure an efficient and targeted use of funds and to ensure a coherent approach in the treatment of beneficiaries, the Commission shall, by means of delegated acts, adopt specific conditions concerning the measures provided for in Article 63.".

| (26) | Article 66 is amended as follows:






  (a) | in paragraph 2 the following subparagraph is added:
  "In order to ensure consistency with the requirements of Union policy, priorities and law, the Commission may, by means of delegated acts, adopt conditions on the contribution rate for technical assistance in case of rural development programmes covering both regions eligible under the Convergence Objective and regions not eligible under the Convergence Objective, and conditions on the allocation of funds for establishing and operating the national rural network referred to in Article 68."; |
| --- | --- | --- |

(26)

Article 66 is amended as follows:

(a)

in paragraph 2 the following subparagraph is added:

"In order to ensure consistency with the requirements of Union policy, priorities and law, the Commission may, by means of delegated acts, adopt conditions on the contribution rate for technical assistance in case of rural development programmes covering both regions eligible under the Convergence Objective and regions not eligible under the Convergence Objective, and conditions on the allocation of funds for establishing and operating the national rural network referred to in Article 68.";

| (b) | in paragraph 3, the third subparagraph is replaced by the following:
  "The Commission shall, by means of implementing rules

  acts
  , adopt rules concerning the establishment and the operation of the national rural network.".
  [Am. not concerning all languages] |
| --- | --- |

(b)

in paragraph 3, the third subparagraph is replaced by the following:

"The Commission shall, by means of implementing rules

  acts
  , adopt rules concerning the establishment and the operation of the national rural network.".

| (27) | In Article 69, paragraph 4 is replaced by the following:
  "4.   The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 91c, make an annual breakdown by Member State of the amounts referred to in paragraph 1, after deduction of the amount referred to in paragraph 2, and taking into account:






  (a) | the amounts reserved for regions eligible under the Convergence Objective; |
| --- | --- | --- |

(27)

In Article 69, paragraph 4 is replaced by the following:

"4.   The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 91c, make an annual breakdown by Member State of the amounts referred to in paragraph 1, after deduction of the amount referred to in paragraph 2, and taking into account:

(a)

the amounts reserved for regions eligible under the Convergence Objective;

| (b) | past performance; and |
| --- | --- |

(b)

past performance; and

| (c) | particular situations and needs based on objective criteria.". |
| --- | --- |

(c)

particular situations and needs based on objective criteria.".

| (27a) | In Article 69, the following paragraph is added:




  "5d.
     
  Notwithstanding Article 29(1) of Regulation (EC) No 1290/2005, for Member States that have opted for regional programmes, the calculation of the automatic cancellation of financial resources may be made at the level of the Member State.".


  [Am. 6] |
| --- | --- |

(27a)

In Article 69, the following paragraph is added:

"5d.
     
  Notwithstanding Article 29(1) of Regulation (EC) No 1290/2005, for Member States that have opted for regional programmes, the calculation of the automatic cancellation of financial resources may be made at the level of the Member State.".

| (28) | In Article 70, paragraph 1 is replaced by the following:
  "1.   The Decision adopting a rural development programme shall set the maximum contribution from the EAFRD for each axis. In order to allow Member States a certain degree of flexibility with regards to minor shifts of EAFRD funding among axes, a flexibility threshold shall be fixed by the Commission by means of delegated acts. The Decision shall clearly identify, where necessary, the appropriations allocated to the regions eligible under the Convergence Objective.". |
| --- | --- |

(28)

In Article 70, paragraph 1 is replaced by the following:

"1.   The Decision adopting a rural development programme shall set the maximum contribution from the EAFRD for each axis. In order to allow Member States a certain degree of flexibility with regards to minor shifts of EAFRD funding among axes, a flexibility threshold shall be fixed by the Commission by means of delegated acts. The Decision shall clearly identify, where necessary, the appropriations allocated to the regions eligible under the Convergence Objective.".

| (29) | Article 71 is amended as follows:






  (a) | in paragraph 1, the second subparagraph is replaced by the following:
  "A new expenditure added at the moment of the modification of a programme referred to in Article 19 shall be eligible from the date of the reception by the Commission of the request for modification of the programme. Member States shall bear the responsibility for expenditure between the date on which their request for a programme modification is received by the Commission and the date of the decision approving the modification.
  In cases of emergency measures due to natural disasters the rural development programmes may provide that eligibility of expenditure relating to programme changes may start from a date earlier than the date referred to in the second subparagraph."; |
| --- | --- | --- |

(29)

Article 71 is amended as follows:

(a)

in paragraph 1, the second subparagraph is replaced by the following:

"A new expenditure added at the moment of the modification of a programme referred to in Article 19 shall be eligible from the date of the reception by the Commission of the request for modification of the programme. Member States shall bear the responsibility for expenditure between the date on which their request for a programme modification is received by the Commission and the date of the decision approving the modification.

In cases of emergency measures due to natural disasters the rural development programmes may provide that eligibility of expenditure relating to programme changes may start from a date earlier than the date referred to in the second subparagraph.";

| (b) | in paragraph 2, the following subparagraphs are added:
  "Support shall only be granted for expenditure incurred in respect of measures falling within the scope of Article 42 of the Treaty after an application has been submitted to the competent authority.
  However, the requirement laid down in the second subparagraph shall not apply in respect of the measures referred to in Article 20(a), Article 20(b)(vi), Article 20(c)(i) and (ii), Article 20(d)(i) to (iii), Article 36(a)(i) to (v) and Article 36(b)(i), with the exception of establishment costs under Article 36(b)(i)."; |
| --- | --- |

(b)

in paragraph 2, the following subparagraphs are added:

"Support shall only be granted for expenditure incurred in respect of measures falling within the scope of Article 42 of the Treaty after an application has been submitted to the competent authority.

However, the requirement laid down in the second subparagraph shall not apply in respect of the measures referred to in Article 20(a), Article 20(b)(vi), Article 20(c)(i) and (ii), Article 20(d)(i) to (iii), Article 36(a)(i) to (v) and Article 36(b)(i), with the exception of establishment costs under Article 36(b)(i).";

| (ba) | in paragraph 3, point (a) of the second subparagraph is replaced by the following:










  "(a) | VAT, except non-recoverable VAT when it is genuinely and definitively borne by beneficiaries."; |
| --- | --- | --- |

(ba)

in paragraph 3, point (a) of the second subparagraph is replaced by the following:

"(a)

VAT, except non-recoverable VAT when it is genuinely and definitively borne by beneficiaries.";

| (bb) | the following paragraph is inserted after paragraph 3:




  ‘3a.
     
  Work carried out on a time and materials basis as part of rural development measures by the ultimate beneficiaries using the manpower, materials and equipment which a firm has to hand shall be eligible for an EAFRD contribution; in such cases, the amount of expenditure eligible for a EAFRD contribution shall be calculated on the basis of a price list for the various works performed.’;


  [Am. 8] |
| --- | --- |

(bb)

the following paragraph is inserted after paragraph 3:

‘3a.
     
  Work carried out on a time and materials basis as part of rural development measures by the ultimate beneficiaries using the manpower, materials and equipment which a firm has to hand shall be eligible for an EAFRD contribution; in such cases, the amount of expenditure eligible for a EAFRD contribution shall be calculated on the basis of a price list for the various works performed.’;

| (c) | paragraph 5 is replaced by the following:
  "5.   Notwithstanding paragraph 3(b), the contribution from the EAFRD may be made in a form other than a non-repayable direct assistance. In order to ensure the efficient use and coherent implementation of the EAFRD and to secure the Union's financial interests, the Commission shall, by means of delegated acts, adopt specific conditions for the co-financing of interest rate subsidies and of other financial engineering instruments.". |
| --- | --- |

(c)

paragraph 5 is replaced by the following:

"5.   Notwithstanding paragraph 3(b), the contribution from the EAFRD may be made in a form other than a non-repayable direct assistance. In order to ensure the efficient use and coherent implementation of the EAFRD and to secure the Union's financial interests, the Commission shall, by means of delegated acts, adopt specific conditions for the co-financing of interest rate subsidies and of other financial engineering instruments.".

| (30) | In Article 74, paragraph 4 is replaced by the following:
  "4.   Member States shall undertake controls in accordance with rules fixed by the Commission, by means of delegated acts, regarding the principles of controls, sanctions, exclusions and the recovery of undue payments, adapted to the nature of the different rural development measures in order to ensure efficiency in their application and equal treatment of all beneficiaries. The Commission shall, by means of implementing acts, lay down uniform conditions for the implementation of controls by the authorities of the Member States.". |
| --- | --- |

(30)

In Article 74, paragraph 4 is replaced by the following:

"4.   Member States shall undertake controls in accordance with rules fixed by the Commission, by means of delegated acts, regarding the principles of controls, sanctions, exclusions and the recovery of undue payments, adapted to the nature of the different rural development measures in order to ensure efficiency in their application and equal treatment of all beneficiaries. The Commission shall, by means of implementing acts, lay down uniform conditions for the implementation of controls by the authorities of the Member States.".

| (31) | In Article 78, the following subparagraph is added:
  "For the purposes of point (f), ‘substantial proposal for changes’ shall cover the changes which require approval by the Commission by means of implementing acts, with the exception of the changes referred to in the second subparagraph of Article 19(2), as well as changes of financial breakdown by measure within an axis, changes concerning the introduction of new measures and types of operations and the withdrawal of existing measures and types of operations.". |
| --- | --- |

(31)

In Article 78, the following subparagraph is added:

"For the purposes of point (f), ‘substantial proposal for changes’ shall cover the changes which require approval by the Commission by means of implementing acts, with the exception of the changes referred to in the second subparagraph of Article 19(2), as well as changes of financial breakdown by measure within an axis, changes concerning the introduction of new measures and types of operations and the withdrawal of existing measures and types of operations.".

| (32) | Article 80 is replaced by the following:

  "Article 80


  Common monitoring and evaluation framework

  The common monitoring and evaluation framework shall be drawn up in cooperation between the Commission and the Member States and shall be adopted by the Commission by means of implementing acts. The framework shall specify a limited number of common indicators applicable to each programme.". |
| --- | --- |

(32)

Article 80 is replaced by the following:

"Article 80

Common monitoring and evaluation framework

The common monitoring and evaluation framework shall be drawn up in cooperation between the Commission and the Member States and shall be adopted by the Commission by means of implementing acts. The framework shall specify a limited number of common indicators applicable to each programme.".

| (33) | In Article 82, paragraph 4 is replaced by the following:
  "4.   The Commission shall, by means of implementing acts, adopt rules concerning annual progress reports for specific programmes pursuant to Article 66(3).". |
| --- | --- |

(33)

In Article 82, paragraph 4 is replaced by the following:

"4.   The Commission shall, by means of implementing acts, adopt rules concerning annual progress reports for specific programmes pursuant to Article 66(3).".

| (34) | In Article 86, the following paragraph is added:
  "9.   In order to ensure that evaluations are carried out within the time schedule fixed in this Article, the Commission may, by means of delegated acts, lay down the appropriate penalties for the non-respect of these time schedules.". |
| --- | --- |

(34)

In Article 86, the following paragraph is added:

"9.   In order to ensure that evaluations are carried out within the time schedule fixed in this Article, the Commission may, by means of delegated acts, lay down the appropriate penalties for the non-respect of these time schedules.".

| (35) | The following Article is inserted in Title IX:

  "Article 89a


  Exchange of information and documents

  The Commission, in collaboration with the Member States, shall establish an information system to permit the secure exchange of data of common interest between the Commission and each Member State. The Commission shall, by means of implementing acts, adopt uniform conditions for the operation of that system.". |
| --- | --- |

(35)

The following Article is inserted in Title IX:

"Article 89a

Exchange of information and documents

The Commission, in collaboration with the Member States, shall establish an information system to permit the secure exchange of data of common interest between the Commission and each Member State. The Commission shall, by means of implementing acts, adopt uniform conditions for the operation of that system.".

| (36) | Articles 90 and 91 are deleted. |
| --- | --- |

(36)

Articles 90 and 91 are deleted.

| (37) | The following Articles are inserted:

  "Article 91a


  Commission powers

  Where competences are conferred on the Commission, it shall act in accordance with the procedure referred to in Article 91b, in the case of delegated acts, and in accordance with the procedure referred to in Article 91c, in the case of implementing acts, save where explicitly provided otherwise in this Regulation.

  Article 91b


  Delegated acts

  1.   The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time

  subject to the conditions laid down in this Article
  .

  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

  2.   The delegation of power may be revoked at any time by the European Parliament or by the Council.

  referred to in Article 5(2) and (6), the second subparagraph of Article 19(2), Article 20a, Article 32(1)(b), Article 36a, Article 38(2), Article 51(4), Articles 52a and 63a, Article 66(2), Article 70(1), Article 71(5), the first sentence of Article 74(4), Article 86(9) and Article 92(1) shall be conferred on the Commission for a period of five years from ... (9). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three month before the end of each period.



  The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.



  3.
     The

  The delegation of power may be revoked at any time by the European Parliament or by the Council. A
  decision of revocation shall put an end to the delegation of the powers

  power
  specified in that decision. It shall take effect immediately

  the day following the publication of the decision in the Official Journal of the European Union
  or at a later date specified therein. It shall not affect the validity of the

  any
  delegated acts already in force. It shall be published in the Official Journal of the European Union.


  3.   The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by [two] months.


  If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.


  The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.


  If the European Parliament or the Council objects to a delegated act, the act shall not enter into force. The institution that objects to the delegated act shall state the reasons for its objections.



  4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




  5.
     
  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 9]


  Article 91c


  Implementing acts – Committee



  [To be completed following the adoption of the Regulation laying down the rules and general principles concerning mechanisms for control envisaged in Article 291(2) TFEU, which is currently under discussion before the PE and the Council.]




  1.
     
  The Commission shall be assisted by the Rural Development Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (10).




  2.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.


  [Am. 10] |
| --- | --- |

(37)

The following Articles are inserted:

"Article 91a

Commission powers

Where competences are conferred on the Commission, it shall act in accordance with the procedure referred to in Article 91b, in the case of delegated acts, and in accordance with the procedure referred to in Article 91c, in the case of implementing acts, save where explicitly provided otherwise in this Regulation.

Article 91b

Delegated acts

1.   The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time

  subject to the conditions laid down in this Article
  .

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

2.   The delegation of power may be revoked at any time by the European Parliament or by the Council.

  referred to in Article 5(2) and (6), the second subparagraph of Article 19(2), Article 20a, Article 32(1)(b), Article 36a, Article 38(2), Article 51(4), Articles 52a and 63a, Article 66(2), Article 70(1), Article 71(5), the first sentence of Article 74(4), Article 86(9) and Article 92(1) shall be conferred on the Commission for a period of five years from ... (9). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three month before the end of each period.

The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

3.
     The

  The delegation of power may be revoked at any time by the European Parliament or by the Council. A
  decision of revocation shall put an end to the delegation of the powers

  power
  specified in that decision. It shall take effect immediately

  the day following the publication of the decision in the Official Journal of the European Union
  or at a later date specified therein. It shall not affect the validity of the

  any
  delegated acts already in force. It shall be published in the Official Journal of the European Union.

3.   The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by [two] months.

If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

If the European Parliament or the Council objects to a delegated act, the act shall not enter into force. The institution that objects to the delegated act shall state the reasons for its objections.

4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.
     
  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 9]

Article 91c

Implementing acts – Committee

[To be completed following the adoption of the Regulation laying down the rules and general principles concerning mechanisms for control envisaged in Article 291(2) TFEU, which is currently under discussion before the PE and the Council.]

1.
     
  The Commission shall be assisted by the Rural Development Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (10).

2.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

| (38) | In Article 92, paragraph 1 is replaced by the following:
  "1.   Should specific measures be necessary to facilitate the transition from the system in force to that established by this Regulation, such measures shall be adopted by the Commission, by means of delegated acts.". |
| --- | --- |

(38)

In Article 92, paragraph 1 is replaced by the following:

"1.   Should specific measures be necessary to facilitate the transition from the system in force to that established by this Regulation, such measures shall be adopted by the Commission, by means of delegated acts.".

| (39) | In Annex I, footnote reference (***) is replaced by the following:






  "(***) | In order to take account of the special circumstances that exist in Malta, the Commission may, by means of delegated acts, set a minimum amount of aid for sectors of production in which total output is extremely small.". |
| --- | --- | --- |

(39)

In Annex I, footnote reference (***) is replaced by the following:

"(***)

In order to take account of the special circumstances that exist in Malta, the Commission may, by means of delegated acts, set a minimum amount of aid for sectors of production in which total output is extremely small.".

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 107, 6.4.2011, p. 30.

1

(2)  Position of the European Parliament of 4.7.2012.

2

(3)  OJ L 277, 21.10.2005, p. 1.

3

(4)  

  OJ L 55, 28.2.2011, p. 13.

4

OJ L 55, 28.2.2011, p. 13.

(5)  OJ L 30, 31.1.2009, p. 16.

5

(6)  COM(2009)0591 of 28.10.2009.

6

(7)  OJ L 206, 22.7.1992, p. 7.

7

(8)  OJ L 20, 26.1.2010, p. 7.";

8

(9)

9

| + | Date of entry into force of this Regulation. |
| --- | --- |

+

Date of entry into force of this Regulation.

(10)  

  OJ L 55, 28.2.2011, p. 13.
  "

10

OJ L 55, 28.2.2011, p. 13.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/231 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/231

---

Wednesday 4 July 2012Common organisation of agricultural markets and specific provisions for certain agricultural products ***I

P7_TA(2012)0280

European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (COM(2010)0799 – C7–0008/2011 – 2010/0385(COD))

2013/C 349 E/25

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0799), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0799),

| — | having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0008/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0008/2011),

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

—

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

| — | having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Luxembourg Chamber of Deputies, by the Polish Diet and the Polish Senate and by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Luxembourg Chamber of Deputies, by the Polish Diet and the Polish Senate and by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the opinion of the European Economic and Social Committee of 15 March 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 15 March 2011 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A7-0322/2011), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A7-0322/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 132, 3.5.2011, p. 89.

---

Wednesday 4 July 2012P7_TC1-COD(2010)0385

Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation .../2012 of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 42 and Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (3) has been amended several times. Further amendments are needed as a consequence of the entry into force of the Lisbon Treaty, in order to align the powers conferred on the European Parliament and the Council, and in particular those conferred on the Commission to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). In view of the scope of those amendments, it is appropriate to repeal Regulation (EC) No 1234/2007 and to replace it with a new Single CMO Regulation. In the interest of technical simplification, it is appropriate to incorporate Council Regulation (EEC) No 922/72 of 2 May 1972 laying down general rules for granting aid in respect of silkworms for the 1972/73 rearing year (4) in this Regulation. Regulation (EEC) No 922/72 should therefore be repealed as well. |
| --- | --- |

(1)

Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (3) has been amended several times. Further amendments are needed as a consequence of the entry into force of the Lisbon Treaty, in order to align the powers conferred on the European Parliament and the Council, and in particular those conferred on the Commission to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). In view of the scope of those amendments, it is appropriate to repeal Regulation (EC) No 1234/2007 and to replace it with a new Single CMO Regulation. In the interest of technical simplification, it is appropriate to incorporate Council Regulation (EEC) No 922/72 of 2 May 1972 laying down general rules for granting aid in respect of silkworms for the 1972/73 rearing year (4) in this Regulation. Regulation (EEC) No 922/72 should therefore be repealed as well.

| (2) | By virtue of Article 43(3) of the Treaty, the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis.
  [Am. 1] |
| --- | --- |

(2)

By virtue of Article 43(3) of the Treaty, the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis.
  [Am. 1]

| (3) | This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is in certain cases inextricably linked to those basic elements. |
| --- | --- |

(3)

This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is in certain cases inextricably linked to those basic elements.

| (4) | The Commission should have

  In order to ensure the proper functioning of this Regulation,
  the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend

  on the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending
  certain non-essential elements of this Regulation. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. Due attention should be paid to regional and local authorities, island, sparsely populated and mountainous regions and outermost regions, so as not to aggravate the constraints that such regions already face in the present crisis. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 2] |
| --- | --- |

(4)

The Commission should have

  In order to ensure the proper functioning of this Regulation,
  the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend

  on the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending
  certain non-essential elements of this Regulation. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. Due attention should be paid to regional and local authorities, island, sparsely populated and mountainous regions and outermost regions, so as not to aggravate the constraints that such regions already face in the present crisis. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 2]

| (5) | The use of an urgency procedure should be reserved for exceptional cases where this proves to be necessary in order to react efficiently and effectively against threats of market disturbance or where market disturbances are occurring. The choice of an urgency procedure should be justified and the cases in which the urgency procedure should be used should be specified. |
| --- | --- |

(5)

The use of an urgency procedure should be reserved for exceptional cases where this proves to be necessary in order to react efficiently and effectively against threats of market disturbance or where market disturbances are occurring. The choice of an urgency procedure should be justified and the cases in which the urgency procedure should be used should be specified.

| (6) | Pursuant to Article 291 of the Treaty Member States should be responsible for implementing the common organisation of agricultural markets (hereinafter CMO) established in this Regulation. In order to ensure that the CMO is implemented in the Member States in a uniform manner and to avoid unfair competition or discrimination between operators, the Commission should be able to adopt implementing acts in accordance with Article 291(2) of the Treaty. The Commission should, therefore, be granted implementing powers under that provision, in particular as regards the uniform conditions under which market intervention measures apply, the uniform conditions for implementing aid schemes and for applying rules concerning marketing and production, and rules related to trade with Third countries. The Commission should also define the minimum characteristics for checks which Member States must apply. |
| --- | --- |

(6)

Pursuant to Article 291 of the Treaty Member States should be responsible for implementing the common organisation of agricultural markets (hereinafter CMO) established in this Regulation. In order to ensure that the CMO is implemented in the Member States in a uniform manner and to avoid unfair competition or discrimination between operators, the Commission should be able to adopt implementing acts in accordance with Article 291(2) of the Treaty. The Commission should, therefore, be granted implementing powers under that provision, in particular as regards the uniform conditions under which market intervention measures apply, the uniform conditions for implementing aid schemes and for applying rules concerning marketing and production, and rules related to trade with Third countries. The Commission should also define the minimum characteristics for checks which Member States must apply.

| (7) | In addition, in order to ensure the efficiency of the schemes established by the Single CMO, the Commission should be given the necessary powers for market management measures and daily management tasks. In order to ensure the smooth functioning of the Single CMO, powers should also be conferred on the Commission for regulating certain issues of a rather technical character and for adopting rules on notifications, information and reporting, procedures and technical criteria related to products and operators eligible for market support. Additionally, in order to ensure the proper working of the CMO, the Commission should also determine, in particular, dates, time limits, operative events for exchange rates, representative periods and interest rates and, as regards aid schemes, the Commission should be empowered, in particular, with the legal basis to fix aid and to adopt rules on the management, monitoring and evaluation of programmes, the publicising of the benefit of aids paid and rules related to the implementation of plans for social schemes. The Commission should be empowered to define procedures related to the payment of aid and advances of aid. |
| --- | --- |

(7)

In addition, in order to ensure the efficiency of the schemes established by the Single CMO, the Commission should be given the necessary powers for market management measures and daily management tasks. In order to ensure the smooth functioning of the Single CMO, powers should also be conferred on the Commission for regulating certain issues of a rather technical character and for adopting rules on notifications, information and reporting, procedures and technical criteria related to products and operators eligible for market support. Additionally, in order to ensure the proper working of the CMO, the Commission should also determine, in particular, dates, time limits, operative events for exchange rates, representative periods and interest rates and, as regards aid schemes, the Commission should be empowered, in particular, with the legal basis to fix aid and to adopt rules on the management, monitoring and evaluation of programmes, the publicising of the benefit of aids paid and rules related to the implementation of plans for social schemes. The Commission should be empowered to define procedures related to the payment of aid and advances of aid.

| (8) | Furthermore, in order to achieve the aims of the Single CMO and to respect its principles, the Commission should be entrusted with the power to adopt rules, including on the management of schemes aimed at limiting the production of milk, sugar and wine, inspections and checks and should also have the power to fix the amount of securities, to determine the rules and procedures regarding the recovery of undue payments and to adopt the rules on contracts related to market support. |
| --- | --- |

(8)

Furthermore, in order to achieve the aims of the Single CMO and to respect its principles, the Commission should be entrusted with the power to adopt rules, including on the management of schemes aimed at limiting the production of milk, sugar and wine, inspections and checks and should also have the power to fix the amount of securities, to determine the rules and procedures regarding the recovery of undue payments and to adopt the rules on contracts related to market support.

| (9) | Further, in the wine sector, the Commission should also be entrusted with the power to ensure that applications for designations of origin, geographical indications, as well as traditional terms, satisfy the conditions laid down by this Regulation to ensure uniform application across the Union. As regards presentation and labelling of the products of the wine sector, the Commission should be given the competence to adopt all necessary rules related to procedures, notifications and technical criteria. |
| --- | --- |

(9)

Further, in the wine sector, the Commission should also be entrusted with the power to ensure that applications for designations of origin, geographical indications, as well as traditional terms, satisfy the conditions laid down by this Regulation to ensure uniform application across the Union. As regards presentation and labelling of the products of the wine sector, the Commission should be given the competence to adopt all necessary rules related to procedures, notifications and technical criteria.

| (10) | In order to ensure the achievement of the objectives of the legislative framework established by this Regulation, the Commission should also have permanent monitoring powers related to certain activities of producer organisations, producer groups, interbranch organisations and operator organisations. Moreover, in order to preserve the structure defined by the Single CMO and its essential parameters, the Commission should be given the competence to adopt all necessary rules related to exceptional market measures and exceptional management measures, intended to solve urgent and unforeseen problems occurring in one or more Member States. |
| --- | --- |

(10)

In order to ensure the achievement of the objectives of the legislative framework established by this Regulation, the Commission should also have permanent monitoring powers related to certain activities of producer organisations, producer groups, interbranch organisations and operator organisations. Moreover, in order to preserve the structure defined by the Single CMO and its essential parameters, the Commission should be given the competence to adopt all necessary rules related to exceptional market measures and exceptional management measures, intended to solve urgent and unforeseen problems occurring in one or more Member States.

| (11) | Save where explicitly provided otherwise,

  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on
  the Commission. should adopt Those implementing acts

  powers should be exercised
  in accordance with the provisions of Regulation (EU) No
  182/2011

  of the European Parliament and the Council on [title of Regulation]

  of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (5). [Am. 3] |
| --- | --- |

(11)

Save where explicitly provided otherwise,

  In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on
  the Commission. should adopt Those implementing acts

  powers should be exercised
  in accordance with the provisions of Regulation (EU) No
  182/2011

  of the European Parliament and the Council on [title of Regulation]

  of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (5). [Am. 3]

| (12) | In respect of certain measures under this Regulation which require swift action or which consist in the mere application of general provisions to specific situations without involving discretion, the Commission should be empowered to adopt implementing acts without the assistance of the Committee

  application of Regulation (EU) No 182/2011. [Am. 4] |
| --- | --- |

(12)

In respect of certain measures under this Regulation which require swift action or which consist in the mere application of general provisions to specific situations without involving discretion, the Commission should be empowered to adopt implementing acts without the assistance of the Committee

  application of Regulation (EU) No 182/2011. [Am. 4]

| (13) | The Commission should further be empowered to carry out certain administrative or management tasks which do not entail the adoption of delegated or implementing acts. |
| --- | --- |

(13)

The Commission should further be empowered to carry out certain administrative or management tasks which do not entail the adoption of delegated or implementing acts.

| (14) | Replacement by a new Single CMO Regulation should not lead to calling into question the policy decisions that have been taken over the years in the common agricultural policy (hereinafter CAP). The purpose of this Regulation should, therefore, essentially be the alignment to the Treaty of the powers conferred on the Commission. It should not, therefore, repeal or change existing provisions for which existing justification remains valid, unless those provisions have become obsolete, nor should it provide for new rules or measures. The exceptions to this approach concern the distribution of food products to the most deprived persons in the Union, and aid granted in the framework of the German alcohol monopoly. Provisions on marketing standards reflect proposals made in the context of a comprehensive review of quality policy. |
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(14)

Replacement by a new Single CMO Regulation should not lead to calling into question the policy decisions that have been taken over the years in the common agricultural policy (hereinafter CAP). The purpose of this Regulation should, therefore, essentially be the alignment to the Treaty of the powers conferred on the Commission. It should not, therefore, repeal or change existing provisions for which existing justification remains valid, unless those provisions have become obsolete, nor should it provide for new rules or measures. The exceptions to this approach concern the distribution of food products to the most deprived persons in the Union, and aid granted in the framework of the German alcohol monopoly. Provisions on marketing standards reflect proposals made in the context of a comprehensive review of quality policy.

| (15) | Marketing years should be fixed for cereals, rice, sugar, dried fodder, seeds, olive oil and table olives, flax and hemp, fruit and vegetables, bananas, milk and milk products, and silkworms, mainly adapted to the biological production cycles of each of those products. |
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(15)

Marketing years should be fixed for cereals, rice, sugar, dried fodder, seeds, olive oil and table olives, flax and hemp, fruit and vegetables, bananas, milk and milk products, and silkworms, mainly adapted to the biological production cycles of each of those products.

| (16) | In order to stabilise the markets and to ensure a fair standard of living for the agricultural community, a differentiated system of price support for the different sectors has been developed, in parallel to the introduction of direct support schemes, taking account of the different needs in each of these sectors on the one hand and the interdependence between different sectors on the other. Those measures take the form of public intervention or, as the case may be, the payment of aid for the private storage of products of the cereals, rice, sugar, olive oil and table olives, beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors. Given the objectives of the subsequent amendments to Regulation (EC) No 1234/2007, in particular by Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007 (6), and on the basis of the justification presented therein, there is, therefore, a need to maintain price support measures where they are foreseen in the instruments as they were developed in the past, without making any substantial changes as compared to the previous legal situation. |
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(16)

In order to stabilise the markets and to ensure a fair standard of living for the agricultural community, a differentiated system of price support for the different sectors has been developed, in parallel to the introduction of direct support schemes, taking account of the different needs in each of these sectors on the one hand and the interdependence between different sectors on the other. Those measures take the form of public intervention or, as the case may be, the payment of aid for the private storage of products of the cereals, rice, sugar, olive oil and table olives, beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors. Given the objectives of the subsequent amendments to Regulation (EC) No 1234/2007, in particular by Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regulations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007 (6), and on the basis of the justification presented therein, there is, therefore, a need to maintain price support measures where they are foreseen in the instruments as they were developed in the past, without making any substantial changes as compared to the previous legal situation.

| (17) | For the sake of clarity and transparency, the provisions governing those measures should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices. |
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(17)

For the sake of clarity and transparency, the provisions governing those measures should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices.

| (18) | The CMOs for cereals, beef and veal, and milk and milk products contained provisions according to which the Council, acting in accordance with the procedure laid down in Article 37(2) of the Treaty establishing the European Community, had the power to change the price levels. Given the sensitivity of the price systems it should be made clear that the possibility under Article 43(2) of the Treaty to change price levels exists with regard to all sectors covered by this Regulation. |
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(18)

The CMOs for cereals, beef and veal, and milk and milk products contained provisions according to which the Council, acting in accordance with the procedure laid down in Article 37(2) of the Treaty establishing the European Community, had the power to change the price levels. Given the sensitivity of the price systems it should be made clear that the possibility under Article 43(2) of the Treaty to change price levels exists with regard to all sectors covered by this Regulation.

| (19) | Reference prices should be fixed for standard qualities of white sugar and raw sugar. Such standard qualities should be average qualities representative of sugar produced in the Union and defined on the basis of criteria used by the sugar trade. It should also be possible to review the standard qualities to take account, in particular, of commercial requirements and developments in technical analysis. |
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(19)

Reference prices should be fixed for standard qualities of white sugar and raw sugar. Such standard qualities should be average qualities representative of sugar produced in the Union and defined on the basis of criteria used by the sugar trade. It should also be possible to review the standard qualities to take account, in particular, of commercial requirements and developments in technical analysis.

| (20) | To ensure reliable information on Union market prices for sugar, a price reporting system should be provided for by this Regulation, on the basis of which market price levels for white sugar should be determined. |
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(20)

To ensure reliable information on Union market prices for sugar, a price reporting system should be provided for by this Regulation, on the basis of which market price levels for white sugar should be determined.

| (21) | On the basis of the amendments introduced by Regulation (EC) No 72/2009 the system of intervention for cereals, rice, butter, and skimmed milk powder is opened during certain periods of the year. In respect of the beef and veal sector the opening and closing of public intervention should be dependent on market price levels during a certain period. |
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(21)

On the basis of the amendments introduced by Regulation (EC) No 72/2009 the system of intervention for cereals, rice, butter, and skimmed milk powder is opened during certain periods of the year. In respect of the beef and veal sector the opening and closing of public intervention should be dependent on market price levels during a certain period.

| (22) | The price level at which buying-in under public intervention should be carried out was, in the past, decreased in the CMOs for cereals, rice and beef and veal and fixed along with the introduction of direct support schemes in those sectors. Aid under those schemes on the one hand and intervention prices on the other are, therefore, closely linked. For the products of the milk and milk products sector, that price level was fixed in order to promote consumption of the products concerned and improve their competitiveness. Those policy decisions still remain valid. |
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(22)

The price level at which buying-in under public intervention should be carried out was, in the past, decreased in the CMOs for cereals, rice and beef and veal and fixed along with the introduction of direct support schemes in those sectors. Aid under those schemes on the one hand and intervention prices on the other are, therefore, closely linked. For the products of the milk and milk products sector, that price level was fixed in order to promote consumption of the products concerned and improve their competitiveness. Those policy decisions still remain valid.

| (23) | This Regulation should provide for the possibility of disposal of products bought into public intervention. Such measures should be taken in a way that avoids market disturbances and that ensures equal access to the goods and equal treatment of purchasers. |
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(23)

This Regulation should provide for the possibility of disposal of products bought into public intervention. Such measures should be taken in a way that avoids market disturbances and that ensures equal access to the goods and equal treatment of purchasers.

| (24) | The objectives of the CAP as defined in Article 39(1) of the Treaty include stabilising the markets as well as ensuring that supplies reach consumers at reasonable prices. Over the years the food distribution scheme has successfully underpinned the fulfilment of both objectives. It should continue to guarantee the aims of the CAP and help achieve cohesion objectives. However, successive reforms of the CAP have resulted in a progressive reduction in intervention stocks, as well as the range of products available. Consequently, market purchases should also be made a permanent source of supply for the scheme. |
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(24)

The objectives of the CAP as defined in Article 39(1) of the Treaty include stabilising the markets as well as ensuring that supplies reach consumers at reasonable prices. Over the years the food distribution scheme has successfully underpinned the fulfilment of both objectives. It should continue to guarantee the aims of the CAP and help achieve cohesion objectives. However, successive reforms of the CAP have resulted in a progressive reduction in intervention stocks, as well as the range of products available. Consequently, market purchases should also be made a permanent source of supply for the scheme.

| (25) | In order to ensure sound budgetary management and to fully benefit from the cohesive dimension of the Union scheme, a fixed ceiling of Union aid should be provided for and provision should be made for Member States to co-finance the food distribution programme. Furthermore, experience has shown that a longer term perspective is required for the scheme. The Commission should therefore establish three-year-plans for the implementation of the scheme and Member States should prepare national food distribution programmes setting out their objectives and priorities for the scheme, including nutritional considerations. In addition, Member States should undertake adequate administrative and physical checks and provide penalties in case of irregularities in order to ensure that the three-year plan is implemented in accordance with the applicable rules. |
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(25)

In order to ensure sound budgetary management and to fully benefit from the cohesive dimension of the Union scheme, a fixed ceiling of Union aid should be provided for and provision should be made for Member States to co-finance the food distribution programme. Furthermore, experience has shown that a longer term perspective is required for the scheme. The Commission should therefore establish three-year-plans for the implementation of the scheme and Member States should prepare national food distribution programmes setting out their objectives and priorities for the scheme, including nutritional considerations. In addition, Member States should undertake adequate administrative and physical checks and provide penalties in case of irregularities in order to ensure that the three-year plan is implemented in accordance with the applicable rules.

| (26) | In order to ensure a transparent, coherent and efficient operation of the most deprived scheme the Commission should adopt the procedures for the adoption and revision of three-year plans and should proceed to the adoption of those plans and, where necessary, their revisions. The Commission should also adopt provisions on additional elements to be included in the three-year plans, rules for the supply of products as well as procedures and time limits applicable to withdrawals of intervention products, including transfers between Member States and rules on the format of national food distribution programmes and annual implementation reports. Furthermore, in order to ensure uniformity in the implementation of the three year plans by Member States, the Commission should adopt the procedures for the reimbursement of costs of the charitable organisations that Member States chose to consider eligible including time limits and financial ceilings, the conditions pertaining to the invitation to tender and the conditions applicable to food products and their supply. Moreover, rules should be adopted laying down the obligations of Member States concerning checks, procedures and deadlines for payments, reductions for their non-respect as well as accounting provisions and the tasks to be fulfilled by national intervention bodies including in the case of transfers between Member States. |
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(26)

In order to ensure a transparent, coherent and efficient operation of the most deprived scheme the Commission should adopt the procedures for the adoption and revision of three-year plans and should proceed to the adoption of those plans and, where necessary, their revisions. The Commission should also adopt provisions on additional elements to be included in the three-year plans, rules for the supply of products as well as procedures and time limits applicable to withdrawals of intervention products, including transfers between Member States and rules on the format of national food distribution programmes and annual implementation reports. Furthermore, in order to ensure uniformity in the implementation of the three year plans by Member States, the Commission should adopt the procedures for the reimbursement of costs of the charitable organisations that Member States chose to consider eligible including time limits and financial ceilings, the conditions pertaining to the invitation to tender and the conditions applicable to food products and their supply. Moreover, rules should be adopted laying down the obligations of Member States concerning checks, procedures and deadlines for payments, reductions for their non-respect as well as accounting provisions and the tasks to be fulfilled by national intervention bodies including in the case of transfers between Member States.

| (27) | In order to contribute to balancing the milk market and to stabilising market prices, this Regulation provides for the granting of aid for private storage in respect of certain butter products. Moreover, the Commission should be empowered to decide to grant aid for private storage for white sugar, certain kinds of olive oil and of certain beef and veal products, pigmeat, and sheepmeat and goatmeat. |
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(27)

In order to contribute to balancing the milk market and to stabilising market prices, this Regulation provides for the granting of aid for private storage in respect of certain butter products. Moreover, the Commission should be empowered to decide to grant aid for private storage for white sugar, certain kinds of olive oil and of certain beef and veal products, pigmeat, and sheepmeat and goatmeat.

| (28) | The Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors are essential for the purposes of price recording and for the application of the intervention arrangements in those sectors. Moreover, they pursue the objective of improving market transparency. |
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(28)

The Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors are essential for the purposes of price recording and for the application of the intervention arrangements in those sectors. Moreover, they pursue the objective of improving market transparency.

| (29) | Restrictions to free circulation resulting from the application of measures intended to combat the spread of animal diseases could cause difficulties on the market in certain products in one or more Member States. Experience shows that serious market disturbances such as a significant drop in consumption or in prices may be attributed to a loss in consumer confidence due to public health or animal health risks. |
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(29)

Restrictions to free circulation resulting from the application of measures intended to combat the spread of animal diseases could cause difficulties on the market in certain products in one or more Member States. Experience shows that serious market disturbances such as a significant drop in consumption or in prices may be attributed to a loss in consumer confidence due to public health or animal health risks.

| (30) | The exceptional market support measures for beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat should be directly related to or consequent upon health and veterinary measures adopted in order to combat the spread of disease. They should be taken at the request of Member States in order to avoid serious disruption on the markets concerned. |
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(30)

The exceptional market support measures for beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat should be directly related to or consequent upon health and veterinary measures adopted in order to combat the spread of disease. They should be taken at the request of Member States in order to avoid serious disruption on the markets concerned.

| (31) | The possibility for the Commission to adopt special intervention measures where this proves to be necessary in order to react efficiently and effectively against threats of market disturbances in the cereals sector and in order to prevent large-scale application of public intervention in certain regions of the Union in the rice sector or to make up for paddy rice shortages following natural disasters should be provided for. |
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(31)

The possibility for the Commission to adopt special intervention measures where this proves to be necessary in order to react efficiently and effectively against threats of market disturbances in the cereals sector and in order to prevent large-scale application of public intervention in certain regions of the Union in the rice sector or to make up for paddy rice shortages following natural disasters should be provided for.

| (32) | A minimum price should be fixed for quota beet corresponding to a standard quality which should be defined, in order to ensure a fair standard of living for the Union growers of sugar beet and sugar cane. |
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(32)

A minimum price should be fixed for quota beet corresponding to a standard quality which should be defined, in order to ensure a fair standard of living for the Union growers of sugar beet and sugar cane.

| (33) | Specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing the interprofessional agreements should be established. |
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(33)

Specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing the interprofessional agreements should be established.

| (34) | The diversity of natural, economic and technical situations makes it difficult to provide for uniform purchase terms for sugar beet throughout the Union. Agreements within the trade already exist between associations of sugar beet growers and sugar undertakings. Therefore, framework provisions should define only the minimum guarantees required by both sugar beet growers and the sugar industry to ensure a smooth functioning of the sugar market with the possibility to derogate from some rules in the context of an agreement within the trade. |
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(34)

The diversity of natural, economic and technical situations makes it difficult to provide for uniform purchase terms for sugar beet throughout the Union. Agreements within the trade already exist between associations of sugar beet growers and sugar undertakings. Therefore, framework provisions should define only the minimum guarantees required by both sugar beet growers and the sugar industry to ensure a smooth functioning of the sugar market with the possibility to derogate from some rules in the context of an agreement within the trade.

| (35) | The production charge provided for in the sugar sector to contribute to the financing of the expenditure occurring should be provided for in this Regulation. |
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(35)

The production charge provided for in the sugar sector to contribute to the financing of the expenditure occurring should be provided for in this Regulation.

| (36) | To maintain the structural balance of the markets in sugar at a price level close to the reference price, the possibility to decide to withdraw sugar from the market for as long as it takes for the market to rebalance should be provided for. |
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(36)

To maintain the structural balance of the markets in sugar at a price level close to the reference price, the possibility to decide to withdraw sugar from the market for as long as it takes for the market to rebalance should be provided for.

| (37) | As regards live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements. Such measures may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned. |
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(37)

As regards live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements. Such measures may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.

| (38) | In the sugar sector the quantitative limitation of production has been an essential market policy instrument. The reasons which in the past led the Community to adopt production quota systems in the sugar sector remain valid. |
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(38)

In the sugar sector the quantitative limitation of production has been an essential market policy instrument. The reasons which in the past led the Community to adopt production quota systems in the sugar sector remain valid.

| (39) | The sugar quota scheme under this Regulation should in particular maintain the legal status of the quotas in so far as, according to the case-law of the Court of Justice of the European Union, the system of quotas constitutes a mechanism for regulating the market in the sugar sector aiming to ensure the attainment of public interest objectives. |
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(39)

The sugar quota scheme under this Regulation should in particular maintain the legal status of the quotas in so far as, according to the case-law of the Court of Justice of the European Union, the system of quotas constitutes a mechanism for regulating the market in the sugar sector aiming to ensure the attainment of public interest objectives.

| (40) | This Regulation should provide for the possibility to adjust sugar quotas in order to reflect Member States' decisions regarding the reallocation of national quotas. |
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(40)

This Regulation should provide for the possibility to adjust sugar quotas in order to reflect Member States' decisions regarding the reallocation of national quotas.

| (41) | In the light of the need to allow for a certain amount of national flexibility in relation to the structural adjustment of the processing industry and of beet and cane growing during the period in which the quotas are to be applied, the possibility for Member States to be allowed to alter the quotas of undertakings within certain limits whilst not restricting the operation of the restructuring fund as an instrument should be provided for. |
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(41)

In the light of the need to allow for a certain amount of national flexibility in relation to the structural adjustment of the processing industry and of beet and cane growing during the period in which the quotas are to be applied, the possibility for Member States to be allowed to alter the quotas of undertakings within certain limits whilst not restricting the operation of the restructuring fund as an instrument should be provided for.

| (42) | In order to avoid that surplus sugar distorts the sugar market, the Commission should be enabled, according to certain criteria, to provide for carrying forward the surplus sugar, isoglucose or inulin syrup to be treated as quota production of the following marketing year. Moreover, if, for certain quantities, the applicable conditions are not met, provision is also made for a levy on the surplus in order to avoid the accumulation of those quantities threatening the market situation. |
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(42)

In order to avoid that surplus sugar distorts the sugar market, the Commission should be enabled, according to certain criteria, to provide for carrying forward the surplus sugar, isoglucose or inulin syrup to be treated as quota production of the following marketing year. Moreover, if, for certain quantities, the applicable conditions are not met, provision is also made for a levy on the surplus in order to avoid the accumulation of those quantities threatening the market situation.

| (43) | The milk quota system should be maintained until its expiration in 2015, including the application of a levy to quantities of milk collected or sold for direct consumption above a certain guarantee threshold. |
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(43)

The milk quota system should be maintained until its expiration in 2015, including the application of a levy to quantities of milk collected or sold for direct consumption above a certain guarantee threshold.

| (44) | The distinction between deliveries and direct sales of milk should be maintained and the scheme should be applied on the basis of individual representative fat contents and a national reference fat content. Farmers should be authorised under certain conditions to temporarily transfer their individual quota. Moreover the principle should be maintained that when a farm is sold, leased or transferred by inheritance, the corresponding quota is transferred to the purchaser, tenant or heir together with the relevant land, while the exceptions to the principle that quotas are tied to farms in order to continue the restructuring of milk production and improve the environment should be maintained. In line with the various types of transfer of quotas and using objective criteria, rules authorising Member States to place part of the transferred quantities in the national reserve should be provided for. |
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(44)

The distinction between deliveries and direct sales of milk should be maintained and the scheme should be applied on the basis of individual representative fat contents and a national reference fat content. Farmers should be authorised under certain conditions to temporarily transfer their individual quota. Moreover the principle should be maintained that when a farm is sold, leased or transferred by inheritance, the corresponding quota is transferred to the purchaser, tenant or heir together with the relevant land, while the exceptions to the principle that quotas are tied to farms in order to continue the restructuring of milk production and improve the environment should be maintained. In line with the various types of transfer of quotas and using objective criteria, rules authorising Member States to place part of the transferred quantities in the national reserve should be provided for.

| (45) | The surplus levy payable on milk and other milk products should be set at a dissuasive level and be payable by the Member States as soon as the national quota is exceeded. The Member State should then divide the burden of payment among the producers who have contributed to the overrun. Those producers should be liable vis-à-vis the Member State for payment of their contribution to the levy due by virtue of the fact of having overrun their available quantity. Member States should pay to the European Agricultural Guarantee Fund (EAGF) the levy corresponding to the overrun of their national quota, reduced by a flat-rate amount of 1 % in order to take account of cases of bankruptcy or the definitive inability of certain producers to make their contribution to the payment of the levy due. |
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(45)

The surplus levy payable on milk and other milk products should be set at a dissuasive level and be payable by the Member States as soon as the national quota is exceeded. The Member State should then divide the burden of payment among the producers who have contributed to the overrun. Those producers should be liable vis-à-vis the Member State for payment of their contribution to the levy due by virtue of the fact of having overrun their available quantity. Member States should pay to the European Agricultural Guarantee Fund (EAGF) the levy corresponding to the overrun of their national quota, reduced by a flat-rate amount of 1 % in order to take account of cases of bankruptcy or the definitive inability of certain producers to make their contribution to the payment of the levy due.

| (46) | The main purpose of the milk quota system of reducing the imbalance between supply and demand on the respective market and the resulting structural surpluses, thereby achieving a better market equilibrium, appeared to reduce market orientation because it distorted farmers' response to price signals and prevented efficiency gains in the sector by slowing down restructuring. The phasing-out of dairy quotas by annual increases of 1 % has been provided per marketing year from 2009/2010 to 2013/2014. In the context of the restructuring of the sector, Member States should be permitted until 31 March 2014 to grant an additional national aid within certain limits. The quota increases incorporated in Regulation (EC) No 1234/2007, as amended by Council Regulation (EC) No 248/2008 (7), and the 1 % annual increase, along with the other changes which reduce the likelihood of the surplus levy being incurred mean that only Italy would be at risk of the levy being incurred on the basis of current production patterns if annual increases of 1 % were applied from the 2009/2010 period until 2013/2014. Therefore, taking into account the current production patterns in all Member States, the increase in quota has been frontloaded for Italy in order to avoid this risk. |
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(46)

The main purpose of the milk quota system of reducing the imbalance between supply and demand on the respective market and the resulting structural surpluses, thereby achieving a better market equilibrium, appeared to reduce market orientation because it distorted farmers' response to price signals and prevented efficiency gains in the sector by slowing down restructuring. The phasing-out of dairy quotas by annual increases of 1 % has been provided per marketing year from 2009/2010 to 2013/2014. In the context of the restructuring of the sector, Member States should be permitted until 31 March 2014 to grant an additional national aid within certain limits. The quota increases incorporated in Regulation (EC) No 1234/2007, as amended by Council Regulation (EC) No 248/2008 (7), and the 1 % annual increase, along with the other changes which reduce the likelihood of the surplus levy being incurred mean that only Italy would be at risk of the levy being incurred on the basis of current production patterns if annual increases of 1 % were applied from the 2009/2010 period until 2013/2014. Therefore, taking into account the current production patterns in all Member States, the increase in quota has been frontloaded for Italy in order to avoid this risk.

| (47) | Regulation (EC) No 1234/2007 provides for different kinds of aid schemes. The scheme for dried fodder and for flax and hemp provided for processing aids for these sectors as a means to govern the internal market in respect of the sectors concerned. As a result of the amendments made by Regulation (EC) No 72/2009 and pursuant to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (8), aid will continue to be provided for dried fodder until 1 April 2012, and long flax fibre, short flax fibre and hemp fibre until the marketing year 2011/2012. The system of potato starch quotas provided for in Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 72/2009, and the related minimum price applies only to the end of the 2011/12 marketing year. |
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(47)

Regulation (EC) No 1234/2007 provides for different kinds of aid schemes. The scheme for dried fodder and for flax and hemp provided for processing aids for these sectors as a means to govern the internal market in respect of the sectors concerned. As a result of the amendments made by Regulation (EC) No 72/2009 and pursuant to Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (8), aid will continue to be provided for dried fodder until 1 April 2012, and long flax fibre, short flax fibre and hemp fibre until the marketing year 2011/2012. The system of potato starch quotas provided for in Regulation (EC) No 1234/2007, as amended by Regulation (EC) No 72/2009, and the related minimum price applies only to the end of the 2011/12 marketing year.

| (48) | To contribute to balancing the milk market and to stabilise the market prices for milk and milk products, measures are needed to increase the possibility of disposing of milk products. This Regulation should provide for the grant of aids for the marketing of certain milk products with a view to specific uses and destinations. Moreover, it should provide that, in order to stimulate the consumption of milk by young people, the Union should defray a part of the expenditure occasioned by granting aid for the supply of milk to pupils in schools. |
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(48)

To contribute to balancing the milk market and to stabilise the market prices for milk and milk products, measures are needed to increase the possibility of disposing of milk products. This Regulation should provide for the grant of aids for the marketing of certain milk products with a view to specific uses and destinations. Moreover, it should provide that, in order to stimulate the consumption of milk by young people, the Union should defray a part of the expenditure occasioned by granting aid for the supply of milk to pupils in schools.

| (49) | The possibility should be provided for of the granting of a production refund in cases where, with regard to the manufacturing of certain industrial, chemical or pharmaceutical products, the need arises to take measures aimed at making available certain sugar products. |
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(49)

The possibility should be provided for of the granting of a production refund in cases where, with regard to the manufacturing of certain industrial, chemical or pharmaceutical products, the need arises to take measures aimed at making available certain sugar products.

| (50) | In accordance with Regulation (EC) No 73/2009, the hops area payment was decoupled from 1 January 2010. In order to allow the hop producer organisations to continue their activities as before, a specific provision should be made for equivalent amounts to be used in the Member State concerned for the same activities. |
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(50)

In accordance with Regulation (EC) No 73/2009, the hops area payment was decoupled from 1 January 2010. In order to allow the hop producer organisations to continue their activities as before, a specific provision should be made for equivalent amounts to be used in the Member State concerned for the same activities.

| (51) | Union financing, consisting of the percentage of direct aid that Member States are allowed to withhold in accordance with Regulation (EC) No 73/2009, is required to encourage approved operator organisations to draw up work programmes for the purpose of improving the production quality of olive oil and table olives. In that context, this Regulation should provide for Union support to be allocated in accordance with the priorities given to the activities undertaken within the work programmes in question. |
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(51)

Union financing, consisting of the percentage of direct aid that Member States are allowed to withhold in accordance with Regulation (EC) No 73/2009, is required to encourage approved operator organisations to draw up work programmes for the purpose of improving the production quality of olive oil and table olives. In that context, this Regulation should provide for Union support to be allocated in accordance with the priorities given to the activities undertaken within the work programmes in question.

| (52) | This Regulation distinguishes between on the one hand fruit and vegetables, which includes fruit and vegetables for marketing and fruit and vegetables intended for processing, and on the other hand processed fruit and vegetables. Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing. |
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(52)

This Regulation distinguishes between on the one hand fruit and vegetables, which includes fruit and vegetables for marketing and fruit and vegetables intended for processing, and on the other hand processed fruit and vegetables. Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing.

| (53) | Producer organisations are the basic actors in the fruit and vegetables regime. In the face of ever greater concentration of demand, the grouping of supply through these organisations continues to be an economic necessity in order to strengthen the position of producers in the market. Such grouping should be effected on a voluntary basis and prove its utility by the scope and efficiency of the services offered by producer organisations to their members. Since producer organisations act exclusively in the interests of their members, they should be deemed as acting in the name and on behalf of their members in economic matters. |
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(53)

Producer organisations are the basic actors in the fruit and vegetables regime. In the face of ever greater concentration of demand, the grouping of supply through these organisations continues to be an economic necessity in order to strengthen the position of producers in the market. Such grouping should be effected on a voluntary basis and prove its utility by the scope and efficiency of the services offered by producer organisations to their members. Since producer organisations act exclusively in the interests of their members, they should be deemed as acting in the name and on behalf of their members in economic matters.

| (54) | The production of fruit and vegetables is unpredictable and the products are perishable. Even limited surpluses can significantly disturb the market. Therefore, measures for crisis management should be put in place. In order to provide for increased attractiveness of producer organisations, those measures should be integrated into operational programmes. |
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(54)

The production of fruit and vegetables is unpredictable and the products are perishable. Even limited surpluses can significantly disturb the market. Therefore, measures for crisis management should be put in place. In order to provide for increased attractiveness of producer organisations, those measures should be integrated into operational programmes.

| (55) | The production and marketing of fruit and vegetables should take full account of environmental concerns, including cultivation practices, the management of waste materials and the disposal of products withdrawn from the market, in particular as regards the protection of water quality, the maintenance of biodiversity and the upkeep of the countryside. |
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(55)

The production and marketing of fruit and vegetables should take full account of environmental concerns, including cultivation practices, the management of waste materials and the disposal of products withdrawn from the market, in particular as regards the protection of water quality, the maintenance of biodiversity and the upkeep of the countryside.

| (56) | Producer groups in the fruit and vegetables sector in Member States which acceded to the European Union on 1 May 2004 or after that date, in certain outermost regions of the Union or in the smaller Aegean Islands and wishing to acquire the status of producer organisations in accordance with this Regulation should be allowed the benefit of a transitional period during which national and Union financial support can be given against certain commitments by the producer group. |
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(56)

Producer groups in the fruit and vegetables sector in Member States which acceded to the European Union on 1 May 2004 or after that date, in certain outermost regions of the Union or in the smaller Aegean Islands and wishing to acquire the status of producer organisations in accordance with this Regulation should be allowed the benefit of a transitional period during which national and Union financial support can be given against certain commitments by the producer group.

| (57) | In order to give producer organisations in the fruit and vegetables sector greater responsibility for their financial decisions in particular and to gear the public resources assigned to them towards future requirements, terms should be set for the use of these resources. Joint financing of operational funds set up by producer organisations is an appropriate solution. Additional scope for financing should be permitted in particular cases. Operational funds should only be used to finance operational programmes in the fruit and vegetables sector. In order to control Union expenditure, there should be a cap on assistance granted to producer organisations that establish operational funds. |
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(57)

In order to give producer organisations in the fruit and vegetables sector greater responsibility for their financial decisions in particular and to gear the public resources assigned to them towards future requirements, terms should be set for the use of these resources. Joint financing of operational funds set up by producer organisations is an appropriate solution. Additional scope for financing should be permitted in particular cases. Operational funds should only be used to finance operational programmes in the fruit and vegetables sector. In order to control Union expenditure, there should be a cap on assistance granted to producer organisations that establish operational funds.

| (58) | In regions where the organisation of production in the fruit and vegetables sector is weak, the grant of additional, national, financial contributions should be allowed. In the case of Member States which are at a particular disadvantage with regard to structures, those contributions should be reimbursable by the Union. |
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(58)

In regions where the organisation of production in the fruit and vegetables sector is weak, the grant of additional, national, financial contributions should be allowed. In the case of Member States which are at a particular disadvantage with regard to structures, those contributions should be reimbursable by the Union.

| (59) | In order to simplify and reduce the cost of the scheme, the procedures and rules for the eligibility of expenditure under operational funds should, where possible, be aligned with those of rural development programmes by requiring Member States to establish a national strategy for operational programs. |
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(59)

In order to simplify and reduce the cost of the scheme, the procedures and rules for the eligibility of expenditure under operational funds should, where possible, be aligned with those of rural development programmes by requiring Member States to establish a national strategy for operational programs.

| (60) | It is desirable to address the low consumption of fruit and vegetables amongst children by durably increasing the share of fruit and vegetables in the diets of children at the stage when their eating habits are being formed. Provision should therefore be made for Union aid to co-finance the supply to children in educational establishments of products of the fruit and vegetables, processed fruit and vegetables, and bananas sector, and certain related costs linked to logistics and distribution, equipment, publicity, monitoring and evaluation. In order to ensure orderly implementation Member States wishing to make use of the school fruit scheme should draw up a prior strategy, including amongst others the list of products eligible, selected on the basis of objective criteria including seasonality, availability, or environmental concerns. |
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(60)

It is desirable to address the low consumption of fruit and vegetables amongst children by durably increasing the share of fruit and vegetables in the diets of children at the stage when their eating habits are being formed. Provision should therefore be made for Union aid to co-finance the supply to children in educational establishments of products of the fruit and vegetables, processed fruit and vegetables, and bananas sector, and certain related costs linked to logistics and distribution, equipment, publicity, monitoring and evaluation. In order to ensure orderly implementation Member States wishing to make use of the school fruit scheme should draw up a prior strategy, including amongst others the list of products eligible, selected on the basis of objective criteria including seasonality, availability, or environmental concerns.

| (61) | In order to ensure a sound budgetary management of the school fruit scheme, a fixed ceiling of Union aid and maximum co-financing rates should be provided for. Union aid should not be used to replace funding for any national existing school fruit scheme. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to the school fruit scheme with contributions from the private sector. In order to make their scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid. |
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(61)

In order to ensure a sound budgetary management of the school fruit scheme, a fixed ceiling of Union aid and maximum co-financing rates should be provided for. Union aid should not be used to replace funding for any national existing school fruit scheme. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to the school fruit scheme with contributions from the private sector. In order to make their scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid.

| (62) | It is important to provide for support measures in the wine sector which are liable to strengthen competitive structures. While those measures should be financed and defined by the Union, it should be left to Member States to select the appropriate set of measures to meet the needs of their regional bodies, taking their particularities into account, where necessary, as well as to integrate them into national support programmes. Member States should be responsible for the implementation of such programmes. |
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(62)

It is important to provide for support measures in the wine sector which are liable to strengthen competitive structures. While those measures should be financed and defined by the Union, it should be left to Member States to select the appropriate set of measures to meet the needs of their regional bodies, taking their particularities into account, where necessary, as well as to integrate them into national support programmes. Member States should be responsible for the implementation of such programmes.

| (63) | One key measure eligible for national support programmes should be the promotion and marketing of Union wines in third countries. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving the economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment. |
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(63)

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

| (64) | Preventive instruments such as harvest insurance, mutual funds and green harvesting should be eligible for support under the wine support programmes so as to encourage a responsible approach to crisis situations. |
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(64)

Preventive instruments such as harvest insurance, mutual funds and green harvesting should be eligible for support under the wine support programmes so as to encourage a responsible approach to crisis situations.

| (65) | For various reasons Member States may prefer granting decoupled aid under the Single Payment Scheme to farmers. This possibility should therefore be open to Member States, and because of the particularities of the Single Payment Scheme any such transfer should be irreversible and reduce correspondingly the budget available for the national support programmes for wine in subsequent years. |
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(65)

For various reasons Member States may prefer granting decoupled aid under the Single Payment Scheme to farmers. This possibility should therefore be open to Member States, and because of the particularities of the Single Payment Scheme any such transfer should be irreversible and reduce correspondingly the budget available for the national support programmes for wine in subsequent years.

| (66) | Support for the wine sector should also come from structural measures under Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (9). In order to increase the financial means available under Regulation (EC) No 1698/2005, a gradual transfer of funds to the budget under that Regulation should be put into place where the relevant amounts are sufficiently important. |
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(66)

Support for the wine sector should also come from structural measures under Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (9). In order to increase the financial means available under Regulation (EC) No 1698/2005, a gradual transfer of funds to the budget under that Regulation should be put into place where the relevant amounts are sufficiently important.

| (67) | In order to improve the operation of the market for wines, Member States should be able to implement decisions taken by inter-branch organisations. The scope of such decisions should, however, exclude practices which could distort competition. |
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(67)

In order to improve the operation of the market for wines, Member States should be able to implement decisions taken by inter-branch organisations. The scope of such decisions should, however, exclude practices which could distort competition.

| (68) | The surplus production of wine in the Union has been made worse as a result of violations of the transitional prohibition on new plantings. A significant number of unlawful plantings exist in the Union, which constitutes a source of unfair competition, exacerbates the problems of the wine sector and must be dealt with. |
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(68)

The surplus production of wine in the Union has been made worse as a result of violations of the transitional prohibition on new plantings. A significant number of unlawful plantings exist in the Union, which constitutes a source of unfair competition, exacerbates the problems of the wine sector and must be dealt with.

| (69) | While the transitional prohibition on new plantings has had some effect on the balance between supply and demand in the wine market, it has at the same time created an obstacle for competitive producers who wish to respond flexibly to increased demand. As a market balance has not yet been found, and as the accompanying measures such as the grubbing-up scheme need time to take effect, it is expedient to keep the prohibition on new plantings in place until 31 December 2015, at which juncture, however, it should be definitely lifted in order to permit competitive producers to respond freely to market conditions. However, Member States should be given the possibility to extend the prohibition for their territories until 31 December 2018 if they consider doing so necessary. |
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(69)

While the transitional prohibition on new plantings has had some effect on the balance between supply and demand in the wine market, it has at the same time created an obstacle for competitive producers who wish to respond flexibly to increased demand. As a market balance has not yet been found, and as the accompanying measures such as the grubbing-up scheme need time to take effect, it is expedient to keep the prohibition on new plantings in place until 31 December 2015, at which juncture, however, it should be definitely lifted in order to permit competitive producers to respond freely to market conditions. However, Member States should be given the possibility to extend the prohibition for their territories until 31 December 2018 if they consider doing so necessary.

| (70) | In order to improve the management of wine-growing potential and to promote the efficient use of planting rights and thus to further mitigate the effect of the transitional restriction on plantings, some flexibility such us the systems of national or regional reserves should continue to exist. |
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(70)

In order to improve the management of wine-growing potential and to promote the efficient use of planting rights and thus to further mitigate the effect of the transitional restriction on plantings, some flexibility such us the systems of national or regional reserves should continue to exist.

| (71) | The proper working of the single market would be jeopardised by the granting of national aids. The provisions of the Treaty governing State aids should in principle apply to the products of the wine sector covered by the CMO for wine. However, the provisions on the grubbing-up premium and certain measures under the support programmes should not by themselves preclude the granting of national aid for the same purposes. |
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(71)

The proper working of the single market would be jeopardised by the granting of national aids. The provisions of the Treaty governing State aids should in principle apply to the products of the wine sector covered by the CMO for wine. However, the provisions on the grubbing-up premium and certain measures under the support programmes should not by themselves preclude the granting of national aid for the same purposes.

| (72) | To make provision for the incorporation of the wine sector into the Single Payment Scheme, all actively cultivated wine-growing areas should be made eligible for the Single Payment Scheme provided for in Regulation (EC) No 73/2009. |
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(72)

To make provision for the incorporation of the wine sector into the Single Payment Scheme, all actively cultivated wine-growing areas should be made eligible for the Single Payment Scheme provided for in Regulation (EC) No 73/2009.

| (73) | Beekeeping, being a sector of agriculture, is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the spread of varroasis in several Member States in recent years and the problems which that disease causes for honey production, action by the Union continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve the production and marketing of apiculture products in the Union, national programmes should be drawn up every three years, comprising technical assistance, control of varroasis, rationalisation of transhumance, management of the restocking of hives in the Union, and cooperation on research programmes on beekeeping and apiculture products with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union. |
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(73)

Beekeeping, being a sector of agriculture, is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the spread of varroasis in several Member States in recent years and the problems which that disease causes for honey production, action by the Union continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve the production and marketing of apiculture products in the Union, national programmes should be drawn up every three years, comprising technical assistance, control of varroasis, rationalisation of transhumance, management of the restocking of hives in the Union, and cooperation on research programmes on beekeeping and apiculture products with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.

| (74) | Union aid for silkworm rearing should be granted per box of silkworm eggs used. |
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(74)

Union aid for silkworm rearing should be granted per box of silkworm eggs used.

| (75) | The application of standards for the marketing of agricultural products can contribute to improving the economic conditions for the production and marketing as well as the quality of such products. The application of such standards is therefore in the interest of producers, traders and consumers. |
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(75)

The application of standards for the marketing of agricultural products can contribute to improving the economic conditions for the production and marketing as well as the quality of such products. The application of such standards is therefore in the interest of producers, traders and consumers.

| (76) | Following the Communication from the Commission on agricultural product quality policy (10) and subsequent debates, it is deemed appropriate to maintain marketing standards by sectors or products, in order to take account of the expectations of the consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality. |
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(76)

Following the Communication from the Commission on agricultural product quality policy (10) and subsequent debates, it is deemed appropriate to maintain marketing standards by sectors or products, in order to take account of the expectations of the consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality.

| (77) | In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to provisions adopted in the food sector and, in particular, general food law contained in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (11) and principles and requirements thereof, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming with the general marketing standard. |
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(77)

In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to provisions adopted in the food sector and, in particular, general food law contained in Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (11) and principles and requirements thereof, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming with the general marketing standard.

| (78) | For some sectors and/or products, definitions, designations and/or sales descriptions are an important element for the determination of conditions of competition. Therefore, it is appropriate to lay down definitions, designations and sales descriptions for those sectors and/or products, which should only be used in the Union for the marketing of products which comply with the corresponding requirements. |
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(78)

For some sectors and/or products, definitions, designations and/or sales descriptions are an important element for the determination of conditions of competition. Therefore, it is appropriate to lay down definitions, designations and sales descriptions for those sectors and/or products, which should only be used in the Union for the marketing of products which comply with the corresponding requirements.

| (79) | Regulation (EC) No 1234/2007 has maintained the sectoral approach provided by the previous CMOs on the marketing standards. It is appropriate to introduce provisions of a horizontal nature. |
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(79)

Regulation (EC) No 1234/2007 has maintained the sectoral approach provided by the previous CMOs on the marketing standards. It is appropriate to introduce provisions of a horizontal nature.

| (80) | Under Regulation (EC) No 1234/2007 the Commission has, so far, been entrusted with the adoption of the provisions on marketing standards for certain sectors. Given their detailed technical character and the need to constantly improve their effectiveness and to adapt them to evolving trade practices, it is appropriate to extend this approach to all marketing standards, while specifying the criteria to be taken into account in setting out the relevant rules. |
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(80)

Under Regulation (EC) No 1234/2007 the Commission has, so far, been entrusted with the adoption of the provisions on marketing standards for certain sectors. Given their detailed technical character and the need to constantly improve their effectiveness and to adapt them to evolving trade practices, it is appropriate to extend this approach to all marketing standards, while specifying the criteria to be taken into account in setting out the relevant rules.

| (81) | Marketing standards should apply to enable the market to be supplied with products of standardised and satisfactory quality. They should relate, in particular, to definitions, grading into classes, presentation and labelling, packaging, production method, conservation, transport, information on producers, content of certain substances, related administrative documents, storage, certification and time limits. |
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(81)

Marketing standards should apply to enable the market to be supplied with products of standardised and satisfactory quality. They should relate, in particular, to definitions, grading into classes, presentation and labelling, packaging, production method, conservation, transport, information on producers, content of certain substances, related administrative documents, storage, certification and time limits.

| (82) | In particular, taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine appropriate indications of place of farming, on a case by case approach at the appropriate geographical level, while taking into account the specificities of some sectors, in particular concerning processed agricultural products. |
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(82)

In particular, taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine appropriate indications of place of farming, on a case by case approach at the appropriate geographical level, while taking into account the specificities of some sectors, in particular concerning processed agricultural products.

| (83) | When defining the marketing standards by sectors or products, the Commission should take into account the expectations of the consumers, the specificity of each sector and recommendations of international bodies. |
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(83)

When defining the marketing standards by sectors or products, the Commission should take into account the expectations of the consumers, the specificity of each sector and recommendations of international bodies.

| (84) | Moreover, provision should be made for the adoption of special measures, when needed, in particular relating to methods of analysis, in order to avoid abuses as regards the quality and authenticity of the products presented to consumers. |
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(84)

Moreover, provision should be made for the adoption of special measures, when needed, in particular relating to methods of analysis, in order to avoid abuses as regards the quality and authenticity of the products presented to consumers.

| (85) | In order to guarantee compliance with the marketing standards, checks and penalties should be provided for in case of non-compliance with the obligations in that respect. Member States should assume the responsibility of such checks. |
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(85)

In order to guarantee compliance with the marketing standards, checks and penalties should be provided for in case of non-compliance with the obligations in that respect. Member States should assume the responsibility of such checks.

| (86) | Marketing standards should, in principle, apply to all products marketed in the Union. |
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(86)

Marketing standards should, in principle, apply to all products marketed in the Union.

| (87) | It is appropriate to provide for special rules in respect of products imported from third countries according to which special provisions in force in certain third countries may justify derogations from the marketing standards if their equivalence to Union legislation is guaranteed. |
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(87)

It is appropriate to provide for special rules in respect of products imported from third countries according to which special provisions in force in certain third countries may justify derogations from the marketing standards if their equivalence to Union legislation is guaranteed.

| (88) | As regards spreadable fats it is appropriate to introduce the possibility for Member States to maintain or adopt certain national rules on quality levels. |
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(88)

As regards spreadable fats it is appropriate to introduce the possibility for Member States to maintain or adopt certain national rules on quality levels.

| (89) | Provisions concerning wine should be applied in the light of the agreements concluded under Article 218 of the Treaty. |
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(89)

Provisions concerning wine should be applied in the light of the agreements concluded under Article 218 of the Treaty.

| (90) | It is appropriate to lay down rules for the classification of wine grape varieties, according to which Member States producing more than 50 000 hectolitres per year continue to be responsible for classifying the wine grape varieties from which wine may be made on their territories. Certain wine grape varieties should be excluded. |
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(90)

It is appropriate to lay down rules for the classification of wine grape varieties, according to which Member States producing more than 50 000 hectolitres per year continue to be responsible for classifying the wine grape varieties from which wine may be made on their territories. Certain wine grape varieties should be excluded.

| (91) | It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, for further oenological practices the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV). |
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(91)

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

| (92) | For the wine sector, Member States should be allowed to limit or to exclude the use of certain oenological practices and be allowed to keep more stringent restrictions for wines produced in their territory, as well as experimental use of unauthorised oenological practices under conditions to be defined. |
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(92)

For the wine sector, Member States should be allowed to limit or to exclude the use of certain oenological practices and be allowed to keep more stringent restrictions for wines produced in their territory, as well as experimental use of unauthorised oenological practices under conditions to be defined.

| (93) | The concept of quality wines in the Union is based, inter alia, on the specific characteristics attributable to the wine's geographical origin. Such wines are identified for consumers via protected designations of origin and geographical indications. In order to allow for a transparent and more elaborate framework underpinning the claim to quality by the products concerned, a regime should be established under which applications for a designation of origin or a geographical indication are examined in line with the approach followed under the Union's horizontal quality policy applicable to foodstuffs other than wine and spirits in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (12). |
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(93)

The concept of quality wines in the Union is based, inter alia, on the specific characteristics attributable to the wine's geographical origin. Such wines are identified for consumers via protected designations of origin and geographical indications. In order to allow for a transparent and more elaborate framework underpinning the claim to quality by the products concerned, a regime should be established under which applications for a designation of origin or a geographical indication are examined in line with the approach followed under the Union's horizontal quality policy applicable to foodstuffs other than wine and spirits in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (12).

| (94) | In order to preserve the particular quality characteristics of wines with a designation of origin or a geographical indication, Member States should be allowed to apply more stringent rules in that respect. |
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(94)

In order to preserve the particular quality characteristics of wines with a designation of origin or a geographical indication, Member States should be allowed to apply more stringent rules in that respect.

| (95) | To qualify for protection in the Union, designations of origin and geographical indications for wine should be recognised and registered at Union level. To ensure that the respective names meet the conditions laid down by this Regulation, applications should be examined by the national authorities of the Member State concerned, subject to compliance with minimum common provisions, including a national objection procedure. The Commission should subsequently scrutinise applications to ensure that there are no manifest errors and the Union law and the interest of stakeholders outside the Member State of application are taken into account. |
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(95)

To qualify for protection in the Union, designations of origin and geographical indications for wine should be recognised and registered at Union level. To ensure that the respective names meet the conditions laid down by this Regulation, applications should be examined by the national authorities of the Member State concerned, subject to compliance with minimum common provisions, including a national objection procedure. The Commission should subsequently scrutinise applications to ensure that there are no manifest errors and the Union law and the interest of stakeholders outside the Member State of application are taken into account.

| (96) | Protection should be open to designations of origin and geographical indications of third countries where they are protected in their country of origin. |
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(96)

Protection should be open to designations of origin and geographical indications of third countries where they are protected in their country of origin.

| (97) | The registration procedure should enable any natural or legal person having a legitimate interest in a Member State or a third country to exercise his rights by notifying his objections. |
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(97)

The registration procedure should enable any natural or legal person having a legitimate interest in a Member State or a third country to exercise his rights by notifying his objections.

| (98) | Registered designations of origin and geographical indications should enjoy protection against uses which unduly take advantage of the reputation that complying products command. So as to promote fair competition and not to mislead consumers, this protection should also affect products and services not covered by this Regulation, including those not found in Annex I to the Treaty. |
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(98)

Registered designations of origin and geographical indications should enjoy protection against uses which unduly take advantage of the reputation that complying products command. So as to promote fair competition and not to mislead consumers, this protection should also affect products and services not covered by this Regulation, including those not found in Annex I to the Treaty.

| (99) | Certain terms are traditionally used in the Union and convey information to consumers about particularities and quality of wines complementing the information conveyed by designations of origin and geographical indications. So as to ensure the working of the internal market and fair competition and to avoid consumers being misled, those traditional terms should be eligible for protection in the Union. |
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(99)

Certain terms are traditionally used in the Union and convey information to consumers about particularities and quality of wines complementing the information conveyed by designations of origin and geographical indications. So as to ensure the working of the internal market and fair competition and to avoid consumers being misled, those traditional terms should be eligible for protection in the Union.

| (100) | The description, designation and presentation of products of the wine sector covered by this Regulation can have significant effects on their marketability. Differences between the laws of the Member States on the labelling of products of the wine sector may impede the smooth functioning of the internal market. Rules should therefore be laid down which take into account the legitimate interests of consumers and producers. For this reason, it is appropriate to provide for Union rules on labelling. |
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(100)

The description, designation and presentation of products of the wine sector covered by this Regulation can have significant effects on their marketability. Differences between the laws of the Member States on the labelling of products of the wine sector may impede the smooth functioning of the internal market. Rules should therefore be laid down which take into account the legitimate interests of consumers and producers. For this reason, it is appropriate to provide for Union rules on labelling.

| (101) | When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, aid should be granted for Union-produced skimmed milk and skimmed-milk powder intended for use as feedingstuffs. The rules concerning the use of casein and caseinates in the manufacture of cheese are intended to counter adverse effects that may result from that aid scheme, taking into account the vulnerability of cheese to substitution operations with casein and caseinates, thereby contributing to stabilise the market. |
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(101)

When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, aid should be granted for Union-produced skimmed milk and skimmed-milk powder intended for use as feedingstuffs. The rules concerning the use of casein and caseinates in the manufacture of cheese are intended to counter adverse effects that may result from that aid scheme, taking into account the vulnerability of cheese to substitution operations with casein and caseinates, thereby contributing to stabilise the market.

| (102) | This Regulation focuses on various kinds of organisations in order to achieve policy aims in particular with a view to stabilising the markets in, and of improving and guaranteeing the quality of, the products concerned through joint action. The relevant provisions of Regulation (EC) No 1234/2007 are based on organisations which are recognised by the Member States or, under certain conditions, by the Commission. Those provisions should be maintained. |
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(102)

This Regulation focuses on various kinds of organisations in order to achieve policy aims in particular with a view to stabilising the markets in, and of improving and guaranteeing the quality of, the products concerned through joint action. The relevant provisions of Regulation (EC) No 1234/2007 are based on organisations which are recognised by the Member States or, under certain conditions, by the Commission. Those provisions should be maintained.

| (103) | In order to further boost, in the fruit and vegetable sector, the impact of producer organisations and associations thereof and in order to ensure the market as much stability as is desirable, Member States should be allowed, under certain conditions, to extend the rules to non-member producers in their region, particularly rules on production, marketing and environmental protection, adopted for its members by the organisation or association for the region concerned. |
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(103)

In order to further boost, in the fruit and vegetable sector, the impact of producer organisations and associations thereof and in order to ensure the market as much stability as is desirable, Member States should be allowed, under certain conditions, to extend the rules to non-member producers in their region, particularly rules on production, marketing and environmental protection, adopted for its members by the organisation or association for the region concerned.

| (104) | For the fruit and vegetable sector in particular it should, be possible to grant specific recognition to those organisations which provide proof of sufficient representativeness and carry out practical action in regard to the objectives of Article 39 of the Treaty. The provisions on extending the rules adopted by producer organisations and their associations and on sharing the costs resulting from such extension should, given the similarity of the objectives pursued, also apply to interbranch organisations. A similar approach should apply to interbranch organisations in the tobacco sector. |
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(104)

For the fruit and vegetable sector in particular it should, be possible to grant specific recognition to those organisations which provide proof of sufficient representativeness and carry out practical action in regard to the objectives of Article 39 of the Treaty. The provisions on extending the rules adopted by producer organisations and their associations and on sharing the costs resulting from such extension should, given the similarity of the objectives pursued, also apply to interbranch organisations. A similar approach should apply to interbranch organisations in the tobacco sector.

| (105) | In order to ensure the rational development of production and so to ensure a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to realise these objectives of the common agricultural policy, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price, jointly for some or all of its members' production with a dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits. Such producer organisations should therefore also be eligible for recognition under the CMO. |
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(105)

In order to ensure the rational development of production and so to ensure a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to realise these objectives of the common agricultural policy, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price, jointly for some or all of its members' production with a dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits. Such producer organisations should therefore also be eligible for recognition under the CMO.

| (106) | Rules have been introduced at EU level for interbranch organisations in some sectors. These organisations can play useful roles in allowing dialogue between actors in the supply chain, and in promoting best practice and market transparency. Such rules should equally be applied in the milk and milk products sector, along with the provisions clarifying the position of such organisations under competition law whilst ensuring that they do not distort competition or the internal market or affect the good functioning of the common market organisation. |
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(106)

Rules have been introduced at EU level for interbranch organisations in some sectors. These organisations can play useful roles in allowing dialogue between actors in the supply chain, and in promoting best practice and market transparency. Such rules should equally be applied in the milk and milk products sector, along with the provisions clarifying the position of such organisations under competition law whilst ensuring that they do not distort competition or the internal market or affect the good functioning of the common market organisation.

| (107) | In certain sectors apart from those for which current rules provide for the recognition of producer or interbranch organisations, Member States may wish to recognise such kinds of organisations based on national law as far as this is compatible with Union law. |
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(107)

In certain sectors apart from those for which current rules provide for the recognition of producer or interbranch organisations, Member States may wish to recognise such kinds of organisations based on national law as far as this is compatible with Union law.

| (108) | A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations. |
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(108)

A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations.

| (109) | Monitoring trade flows is foremost a matter of management which should be addressed in a flexible way. The decision on the introduction of licence requirements should be made taking account of the need for licences for the management of the markets concerned and, in particular, for monitoring the imports of the products in question. |
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(109)

Monitoring trade flows is foremost a matter of management which should be addressed in a flexible way. The decision on the introduction of licence requirements should be made taking account of the need for licences for the management of the markets concerned and, in particular, for monitoring the imports of the products in question.

| (110) | For the most part, the customs duties applicable to agricultural products under the World Trade Organisation (WTO) agreements are laid down in the Common Customs Tariff. However, for some products of the cereals and rice sectors, the introduction of additional mechanisms makes it necessary to provide for the possibility to adopt derogations. |
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(110)

For the most part, the customs duties applicable to agricultural products under the World Trade Organisation (WTO) agreements are laid down in the Common Customs Tariff. However, for some products of the cereals and rice sectors, the introduction of additional mechanisms makes it necessary to provide for the possibility to adopt derogations.

| (111) | In order to prevent or counteract adverse effects on the Union market which could result from imports of certain agricultural products, imports of such products should be subject to payment of an additional duty, if certain conditions are fulfilled. |
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(111)

In order to prevent or counteract adverse effects on the Union market which could result from imports of certain agricultural products, imports of such products should be subject to payment of an additional duty, if certain conditions are fulfilled.

| (112) | It is appropriate, under certain conditions, to open and administer import tariff quotas resulting from international agreements concluded in accordance with the Treaty or from other acts. |
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(112)

It is appropriate, under certain conditions, to open and administer import tariff quotas resulting from international agreements concluded in accordance with the Treaty or from other acts.

| (113) | The import levies on mixtures aim to ensure the proper working of the duty system for imports of mixtures of cereals, rice and broken rice. |
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(113)

The import levies on mixtures aim to ensure the proper working of the duty system for imports of mixtures of cereals, rice and broken rice.

| (114) | This Regulation determines a traditional supply need for sugar for refining for a marketing year. To ensure supply for the refining industry in the Union, import licences for sugar for refining should be reserved for full time refiners during the first three months of each marketing year, within the limits set out by the traditional supply need. |
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(114)

This Regulation determines a traditional supply need for sugar for refining for a marketing year. To ensure supply for the refining industry in the Union, import licences for sugar for refining should be reserved for full time refiners during the first three months of each marketing year, within the limits set out by the traditional supply need.

| (115) | In order to prevent illicit crops from disturbing the CMO for hemp for fibre, this Regulation should provide for checks on imports of hemp and hemp seed to ensure that such products offer certain guarantees with regard to the tetrahydrocannabinol content. In addition, imports of hemp seed intended for uses other than sowing should continue to be subject to a control system which makes provision for the authorisation of the importers concerned. |
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(115)

In order to prevent illicit crops from disturbing the CMO for hemp for fibre, this Regulation should provide for checks on imports of hemp and hemp seed to ensure that such products offer certain guarantees with regard to the tetrahydrocannabinol content. In addition, imports of hemp seed intended for uses other than sowing should continue to be subject to a control system which makes provision for the authorisation of the importers concerned.

| (116) | The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union. |
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(116)

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

| (117) | The possibility of prohibiting the use of inward and outward processing arrangements should be provided for. It is thus appropriate to enable suspension of the use of inward and outward processing arrangements in such situations. |
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(117)

The possibility of prohibiting the use of inward and outward processing arrangements should be provided for. It is thus appropriate to enable suspension of the use of inward and outward processing arrangements in such situations.

| (118) | Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity. |
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(118)

Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity.

| (119) | Compliance with the limits in terms of value should be ensured at the time when the export refunds are fixed through the monitoring of payments under the rules relating to the EAGF. Monitoring can be facilitated by the compulsory advance fixing of export refunds, while allowing the possibility, in the case of differentiated refunds, of changing the specified destination within a geographical area to which a single export refund rate applies. In the case of a change of destination, the export refund applicable to the actual destination should be paid, with a ceiling on the amount applicable to the destination fixed in advance. |
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(119)

Compliance with the limits in terms of value should be ensured at the time when the export refunds are fixed through the monitoring of payments under the rules relating to the EAGF. Monitoring can be facilitated by the compulsory advance fixing of export refunds, while allowing the possibility, in the case of differentiated refunds, of changing the specified destination within a geographical area to which a single export refund rate applies. In the case of a change of destination, the export refund applicable to the actual destination should be paid, with a ceiling on the amount applicable to the destination fixed in advance.

| (120) | Compliance with the quantity limits should be ensured by a reliable and effective system of monitoring. To that end, the granting of export refunds should be made subject to an export licence. Export refunds should be granted up to the limits available, depending on the particular situation of each product concerned. Exceptions to that rule should be permitted only for processed products not listed in Annex I to the Treaty, to which volume limits do not apply. Provision should be made for a derogation from strict compliance with management rules where exports benefiting from export refunds are not likely to exceed the quantity laid down. |
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(120)

Compliance with the quantity limits should be ensured by a reliable and effective system of monitoring. To that end, the granting of export refunds should be made subject to an export licence. Export refunds should be granted up to the limits available, depending on the particular situation of each product concerned. Exceptions to that rule should be permitted only for processed products not listed in Annex I to the Treaty, to which volume limits do not apply. Provision should be made for a derogation from strict compliance with management rules where exports benefiting from export refunds are not likely to exceed the quantity laid down.

| (121) | In the case of the export of live bovine animals, provision should be made whereby export refunds are granted and paid only if the provisions established in Union legislation concerning animal welfare, in particular those concerning the protection of animals during transport, are respected. |
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(121)

In the case of the export of live bovine animals, provision should be made whereby export refunds are granted and paid only if the provisions established in Union legislation concerning animal welfare, in particular those concerning the protection of animals during transport, are respected.

| (122) | Agricultural products may in certain cases benefit from special import treatment in third countries if the products comply with certain specifications and/or price conditions. Administrative cooperation between the authorities in the importing third country and the Union is necessary to ensure the correct application of such a system. To that end the products should be accompanied by a certificate issued in the Union. |
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(122)

Agricultural products may in certain cases benefit from special import treatment in third countries if the products comply with certain specifications and/or price conditions. Administrative cooperation between the authorities in the importing third country and the Union is necessary to ensure the correct application of such a system. To that end the products should be accompanied by a certificate issued in the Union.

| (123) | Exports of flowering bulbs to third countries are of considerable economic importance to the Union. The continuation and development of such exports may be ensured by stabilising prices in this trade. This Regulation should therefore provide for minimum export prices for the products in question. |
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(123)

Exports of flowering bulbs to third countries are of considerable economic importance to the Union. The continuation and development of such exports may be ensured by stabilising prices in this trade. This Regulation should therefore provide for minimum export prices for the products in question.

| (124) | In accordance with Article 42 of the Treaty the provisions of the chapter of the Treaty relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) and (3) of the Treaty and in accordance with the procedure laid down therein. The provisions on state aid had been largely declared applicable. The application in particular of the Treaty rules applying to undertakings was furthermore defined in Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules on competition to the production of, and trade in, agricultural products (13). In line with the objective of creating one comprehensive set of market policy rules it is appropriate to provide for the rules concerned in this Regulation. |
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(124)

In accordance with Article 42 of the Treaty the provisions of the chapter of the Treaty relating to rules on competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) and (3) of the Treaty and in accordance with the procedure laid down therein. The provisions on state aid had been largely declared applicable. The application in particular of the Treaty rules applying to undertakings was furthermore defined in Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules on competition to the production of, and trade in, agricultural products (13). In line with the objective of creating one comprehensive set of market policy rules it is appropriate to provide for the rules concerned in this Regulation.

| (125) | The rules on competition relating to the agreements, decisions and practices referred to in Article 101 of the Treaty and to the abuse of dominant positions should be applied to the production of, and trade in, agricultural products, in so far as their application does not impede the functioning of national organisations of agricultural markets or jeopardise the attainment of the objectives of the CAP. |
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(125)

The rules on competition relating to the agreements, decisions and practices referred to in Article 101 of the Treaty and to the abuse of dominant positions should be applied to the production of, and trade in, agricultural products, in so far as their application does not impede the functioning of national organisations of agricultural markets or jeopardise the attainment of the objectives of the CAP.

| (126) | A special approach is warranted in the case of farmers' organisations the particular objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises the attainment of the objectives of Article 39 of the Treaty. |
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(126)

A special approach is warranted in the case of farmers' organisations the particular objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises the attainment of the objectives of Article 39 of the Treaty.

| (127) | In order both to avoid compromising the development of a CAP and to ensure legal certainty and non-discriminatory treatment of the undertakings concerned, the Commission should have the sole power, subject to review by the Court of Justice, to determine whether agreements, decisions and practices referred to in Article 101 of the Treaty are compatible with the objectives of the CAP. |
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(127)

In order both to avoid compromising the development of a CAP and to ensure legal certainty and non-discriminatory treatment of the undertakings concerned, the Commission should have the sole power, subject to review by the Court of Justice, to determine whether agreements, decisions and practices referred to in Article 101 of the Treaty are compatible with the objectives of the CAP.

| (128) | The proper working of the single market based on common prices would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to the products covered by this Regulation. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should, however, be in a position to draw up a list of existing, new or proposed national aids, to make appropriate observations to the Member States and to propose suitable measures to them. |
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(128)

The proper working of the single market based on common prices would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to the products covered by this Regulation. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should, however, be in a position to draw up a list of existing, new or proposed national aids, to make appropriate observations to the Member States and to propose suitable measures to them.

| (129) | Since their accession, Finland and Sweden may, due to the specific economic situation of the production and marketing of reindeer and reindeer products, grant aids in that regard. Moreover, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed produced solely in Finland, because of its specific climatic conditions. |
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(129)

Since their accession, Finland and Sweden may, due to the specific economic situation of the production and marketing of reindeer and reindeer products, grant aids in that regard. Moreover, Finland may, subject to authorisation by the Commission, grant aid respectively for certain quantities of seeds and for certain quantities of cereal seed produced solely in Finland, because of its specific climatic conditions.

| (130) | In order to address justified cases of crisis even after the end of the transitional crisis distillation support measure provided for under the support programmes in 2012, Member States should be able to provide aid for crisis distillation within an overall budgetary limit of 15 % of the respective value of the Member State's relevant yearly budget for its national support programme. Any such aid should be notified to the Commission and approved under this Regulation before it is granted. |
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(130)

In order to address justified cases of crisis even after the end of the transitional crisis distillation support measure provided for under the support programmes in 2012, Member States should be able to provide aid for crisis distillation within an overall budgetary limit of 15 % of the respective value of the Member State's relevant yearly budget for its national support programme. Any such aid should be notified to the Commission and approved under this Regulation before it is granted.

| (131) | In Member States with a significant reduction of sugar quota, sugar beet growers will face particularly severe adaptation problems. In such cases the transitional Union aid to sugar beet growers provided for in Regulation (EC) No 73/2009 will not suffice to fully address the beet growers' difficulties. Therefore, Member States having reduced their quota by more than 50 % of the sugar quota fixed on 20 February 2006 in Annex III to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (14) should be authorised to grant State aid to sugar beet growers during the period of application of the transitional Union aid. To ensure that Member States do not grant State aid exceeding the needs of their sugar beet growers, the determination of the total amount of the State aid concerned should continue to be made subject to Commission approval, except in the case of Italy where the maximum need for the most productive sugar beet growers to adapt to the market conditions after the reform has been estimated at EUR 11 per tonne of sugar beet produced. Moreover, due to the particular problems expected to arise in Italy, the provision for arrangements allowing sugar beet growers to benefit directly or indirectly from the State aid granted should be maintained. |
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(131)

In Member States with a significant reduction of sugar quota, sugar beet growers will face particularly severe adaptation problems. In such cases the transitional Union aid to sugar beet growers provided for in Regulation (EC) No 73/2009 will not suffice to fully address the beet growers' difficulties. Therefore, Member States having reduced their quota by more than 50 % of the sugar quota fixed on 20 February 2006 in Annex III to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (14) should be authorised to grant State aid to sugar beet growers during the period of application of the transitional Union aid. To ensure that Member States do not grant State aid exceeding the needs of their sugar beet growers, the determination of the total amount of the State aid concerned should continue to be made subject to Commission approval, except in the case of Italy where the maximum need for the most productive sugar beet growers to adapt to the market conditions after the reform has been estimated at EUR 11 per tonne of sugar beet produced. Moreover, due to the particular problems expected to arise in Italy, the provision for arrangements allowing sugar beet growers to benefit directly or indirectly from the State aid granted should be maintained.

| (132) | In Finland sugar beet growing is subject to particular geographical and climatic conditions which will adversely affect the sector beyond the general effects of the sugar reform. That Member State should therefore be authorised, on a permanent basis, to grant its sugar beet growers an adequate amount of State aid. |
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(132)

In Finland sugar beet growing is subject to particular geographical and climatic conditions which will adversely affect the sector beyond the general effects of the sugar reform. That Member State should therefore be authorised, on a permanent basis, to grant its sugar beet growers an adequate amount of State aid.

| (133) | The specific rules on the aid Germany granted in the framework of the German Alcohol Monopoly were due to expire on 31 December 2010. The volumes sold by the Monopoly decreased since 2003 and distilleries and their raw material supplying small and medium sized farms have made efforts to prepare for their entry into the free market. However, as more time is needed to facilitate this adaptation an extension of the phasing out of the Monopoly and the aid for these beneficiaries is needed until 31 December 2013. Some small scale flat-rate distilleries, distillery users, and fruit cooperative distilleries contributing by using local raw materials in particular to the preservation of the traditional landscapes and biodiversity should continue to be able to benefit from the aid granted under the Monopoly until 31 December 2017, at which date the Monopoly should be abolished. For that purpose, Germany should present an annual phasing-out plan from 2013. |
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(133)

The specific rules on the aid Germany granted in the framework of the German Alcohol Monopoly were due to expire on 31 December 2010. The volumes sold by the Monopoly decreased since 2003 and distilleries and their raw material supplying small and medium sized farms have made efforts to prepare for their entry into the free market. However, as more time is needed to facilitate this adaptation an extension of the phasing out of the Monopoly and the aid for these beneficiaries is needed until 31 December 2013. Some small scale flat-rate distilleries, distillery users, and fruit cooperative distilleries contributing by using local raw materials in particular to the preservation of the traditional landscapes and biodiversity should continue to be able to benefit from the aid granted under the Monopoly until 31 December 2017, at which date the Monopoly should be abolished. For that purpose, Germany should present an annual phasing-out plan from 2013.

| (134) | If a Member State wishes to support, on its territory, measures promoting the consumption of milk and milk products in the Union, provision should be made for the possibility of financing such measures by a promotional levy on milk producers at national level. |
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(134)

If a Member State wishes to support, on its territory, measures promoting the consumption of milk and milk products in the Union, provision should be made for the possibility of financing such measures by a promotional levy on milk producers at national level.

| (135) | In the absence of EU legislation on formalised, written contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so EU law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the EU in this context, in the interests of subsidiarity, such a decision should remain with Member States. However, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at EU level. Since some dairy co-operatives may have rules with similar effect in their statues, in the interests of simplicity they should then be exempted from a requirement for contracts. In order to ensure that any such system is effective where intermediate parties collect milk from farmers to deliver to processors, it should apply equally in such a case. |
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(135)

In the absence of EU legislation on formalised, written contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so EU law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the EU in this context, in the interests of subsidiarity, such a decision should remain with Member States. However, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at EU level. Since some dairy co-operatives may have rules with similar effect in their statues, in the interests of simplicity they should then be exempted from a requirement for contracts. In order to ensure that any such system is effective where intermediate parties collect milk from farmers to deliver to processors, it should apply equally in such a case.

| (136) | Adequate information is needed about the present state of the market in hops within the Union and the prospects for its development. Provision should therefore be made for the registration of all supply contracts regarding hops produced within the Union. |
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(136)

Adequate information is needed about the present state of the market in hops within the Union and the prospects for its development. Provision should therefore be made for the registration of all supply contracts regarding hops produced within the Union.

| (137) | For a better management of wine-growing potential Member States should communicate to the Commission an inventory of their production potential based on the vineyard register. To encourage Member States to communicate the inventory, support for restructuring and conversion is limited to those Member States which have communicated the inventory. So that the information necessary for making the relevant policy and administrative choices is available, producers of grapes for wine making, of must and of wine should submit harvest declarations. Member States should be able to require merchants of grapes for wine making to declare each year the quantities marketed from the latest harvest. Producers of must and wine, and merchants other than retailers, must declare their stocks of must and wine. |
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(137)

For a better management of wine-growing potential Member States should communicate to the Commission an inventory of their production potential based on the vineyard register. To encourage Member States to communicate the inventory, support for restructuring and conversion is limited to those Member States which have communicated the inventory. So that the information necessary for making the relevant policy and administrative choices is available, producers of grapes for wine making, of must and of wine should submit harvest declarations. Member States should be able to require merchants of grapes for wine making to declare each year the quantities marketed from the latest harvest. Producers of must and wine, and merchants other than retailers, must declare their stocks of must and wine.

| (138) | In order to provide for a satisfactory level of traceability of the products concerned, in particular in the interest of consumer protection, provision should be made for all the wine sector products covered by this Regulation to have an accompanying document when circulating within the Union. |
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(138)

In order to provide for a satisfactory level of traceability of the products concerned, in particular in the interest of consumer protection, provision should be made for all the wine sector products covered by this Regulation to have an accompanying document when circulating within the Union.

| (139) | It is appropriate to provide, under certain conditions and for certain products, for measures to be taken in cases where disturbances are occurring or are likely to occur due to significant changes in the internal market prices or as regards quotations or prices on the world market. |
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(139)

It is appropriate to provide, under certain conditions and for certain products, for measures to be taken in cases where disturbances are occurring or are likely to occur due to significant changes in the internal market prices or as regards quotations or prices on the world market.

| (140) | Member States' authorities should be responsible for ensuring compliance with this Regulation, and arrangements should be made for the Commission to be able to monitor and ensure in particular such compliance in the wine sector. |
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(140)

Member States' authorities should be responsible for ensuring compliance with this Regulation, and arrangements should be made for the Commission to be able to monitor and ensure in particular such compliance in the wine sector.

| (141) | It is necessary to establish a framework of specific measures for ethyl alcohol of agricultural origin so that economic data can be collected and statistical information analysed for the purpose of monitoring the market. In so far as the market in ethyl alcohol of agricultural origin is linked to the market in ethyl alcohol in general, information also needs to be made available concerning the market in ethyl alcohol of non-agricultural origin. |
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(141)

It is necessary to establish a framework of specific measures for ethyl alcohol of agricultural origin so that economic data can be collected and statistical information analysed for the purpose of monitoring the market. In so far as the market in ethyl alcohol of agricultural origin is linked to the market in ethyl alcohol in general, information also needs to be made available concerning the market in ethyl alcohol of non-agricultural origin.

| (142) | Expenditure incurred by the Member States as a result of the obligations arising from the application of this Regulation should be financed by the Union in accordance with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (15). |
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(142)

Expenditure incurred by the Member States as a result of the obligations arising from the application of this Regulation should be financed by the Union in accordance with Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (15).

| (143) | In order to increase the financial means available for the wine sector under Regulation (EC) No 1698/2005, a gradual transfer of funds to the budget under that Regulation should be put into place where the relevant amounts are sufficiently important. |
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(143)

In order to increase the financial means available for the wine sector under Regulation (EC) No 1698/2005, a gradual transfer of funds to the budget under that Regulation should be put into place where the relevant amounts are sufficiently important.

| (144) | The Commission should be authorised to adopt the necessary measures to solve specific practical problems in case of emergency. |
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(144)

The Commission should be authorised to adopt the necessary measures to solve specific practical problems in case of emergency.

| (145) | Since the common markets in agricultural products are continuously evolving, the Member States and the Commission should keep each other informed of relevant developments and adopt the means of notification of the relevant developments and adopt the means of notification of the relevant information. |
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(145)

Since the common markets in agricultural products are continuously evolving, the Member States and the Commission should keep each other informed of relevant developments and adopt the means of notification of the relevant developments and adopt the means of notification of the relevant information.

| (146) | In order to avoid abuse of any of the advantages provided for in this Regulation, such advantages should not be granted or, as the case may be, should be withdrawn, in cases where it is found that the conditions for obtaining any of those advantages have been created artificially, contrary to the objectives of this Regulation. |
| --- | --- |

(146)

In order to avoid abuse of any of the advantages provided for in this Regulation, such advantages should not be granted or, as the case may be, should be withdrawn, in cases where it is found that the conditions for obtaining any of those advantages have been created artificially, contrary to the objectives of this Regulation.

| (147) | To guarantee compliance with the obligations laid down by this Regulation, there is a need for checks and the application of administrative measures and administrative penalties in case of non-compliance, and rules related to the lodging and releasing of securities to guarantee the sound management of single common market management under the CAP. Those provisions should include the recovery of undue payments and the reporting obligations of the Member States resulting from the application of this Regulation. |
| --- | --- |

(147)

To guarantee compliance with the obligations laid down by this Regulation, there is a need for checks and the application of administrative measures and administrative penalties in case of non-compliance, and rules related to the lodging and releasing of securities to guarantee the sound management of single common market management under the CAP. Those provisions should include the recovery of undue payments and the reporting obligations of the Member States resulting from the application of this Regulation.

| (148) | Pursuant to Regulation (EC) No 1234/2007 several sectoral market management measures will expire in 2012. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of the schemes concerned. |
| --- | --- |

(148)

Pursuant to Regulation (EC) No 1234/2007 several sectoral market management measures will expire in 2012. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of the schemes concerned.

| (149) | In order to ensure legal certainty as regards the application of marketing rules, the Commission should determine the date on which certain provisions of Regulation (EC) No 1234/2007 cease to apply to the sector concerned. |
| --- | --- |

(149)

In order to ensure legal certainty as regards the application of marketing rules, the Commission should determine the date on which certain provisions of Regulation (EC) No 1234/2007 cease to apply to the sector concerned.

| (150) | In order to ensure a smooth transition from the arrangements provided for in Regulation (EC) No 1234/2007 as regards the fruit and vegetables sectors and the provisions of this Regulation, the Commission should be empowered to adopt transitional measures. |
| --- | --- |

(150)

In order to ensure a smooth transition from the arrangements provided for in Regulation (EC) No 1234/2007 as regards the fruit and vegetables sectors and the provisions of this Regulation, the Commission should be empowered to adopt transitional measures.

| (151) | This Regulation should apply from its entry into force. However, the provision creating the general marketing standard should only apply from [one year the after entry into force of the Regulation. |
| --- | --- |

(151)

This Regulation should apply from its entry into force. However, the provision creating the general marketing standard should only apply from [one year the after entry into force of the Regulation.

| (152) | As regards contractual relations and producer and interbranch organisations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review to see how they have operated and whether they should continue to apply. This should be dealt with in Commission reports on the development of the milk market, and covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018, |
| --- | --- |

(152)

As regards contractual relations and producer and interbranch organisations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review to see how they have operated and whether they should continue to apply. This should be dealt with in Commission reports on the development of the milk market, and covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018,

HAVE ADOPTED THIS REGULATION:

PART I

INTRODUCTORY PROVISIONS

Article 1

Scope

1.   This Regulation establishes a common organisation of the markets for the products of the following sectors, as provided further in Annex I:

| (a) | cereals, Part I of Annex I; |
| --- | --- |

(a)

cereals, Part I of Annex I;

| (b) | rice, Part II of Annex I; |
| --- | --- |

(b)

rice, Part II of Annex I;

| (c) | sugar, Part III of Annex I; |
| --- | --- |

(c)

sugar, Part III of Annex I;

| (d) | dried fodder, Part IV of Annex I; |
| --- | --- |

(d)

dried fodder, Part IV of Annex I;

| (e) | seeds, Part V of Annex I; |
| --- | --- |

(e)

seeds, Part V of Annex I;

| (f) | hops, Part VI of Annex I; |
| --- | --- |

(f)

hops, Part VI of Annex I;

| (g) | olive oil and table olives, Part VII of Annex I; |
| --- | --- |

(g)

olive oil and table olives, Part VII of Annex I;

| (h) | flax and hemp, Part VIII of Annex I; |
| --- | --- |

(h)

flax and hemp, Part VIII of Annex I;

| (i) | fruit and vegetables, Part IX of Annex I; |
| --- | --- |

(i)

fruit and vegetables, Part IX of Annex I;

| (j) | processed fruit and vegetables, Part X of Annex I; |
| --- | --- |

(j)

processed fruit and vegetables, Part X of Annex I;

| (k) | bananas, Part XI of Annex I; |
| --- | --- |

(k)

bananas, Part XI of Annex I;

| (l) | wine, Part XII of Annex I; |
| --- | --- |

(l)

wine, Part XII of Annex I;

| (m) | live plants and products of floriculture, Part XIII of Annex I (hereinafter referred to as the live plants sector); |
| --- | --- |

(m)

live plants and products of floriculture, Part XIII of Annex I (hereinafter referred to as the live plants sector);

| (n) | raw tobacco, Part XIV of Annex I; |
| --- | --- |

(n)

raw tobacco, Part XIV of Annex I;

| (o) | beef and veal, Part XV of Annex I; |
| --- | --- |

(o)

beef and veal, Part XV of Annex I;

| (p) | milk and milk products, Part XVI of Annex I; |
| --- | --- |

(p)

milk and milk products, Part XVI of Annex I;

| (q) | pigmeat, Part XVII of Annex I; |
| --- | --- |

(q)

pigmeat, Part XVII of Annex I;

| (r) | sheepmeat and goatmeat, Part XVIII of Annex I; |
| --- | --- |

(r)

sheepmeat and goatmeat, Part XVIII of Annex I;

| (s) | eggs, Part XIX of Annex I; |
| --- | --- |

(s)

eggs, Part XIX of Annex I;

| (t) | poultrymeat, Part XX of Annex I; |
| --- | --- |

(t)

poultrymeat, Part XX of Annex I;

| (u) | other products, Part XXI of Annex I. |
| --- | --- |

(u)

other products, Part XXI of Annex I.

2.   This Regulation establishes specific measures for the following sectors as listed and, as the case may be, as further defined in Annex II:

| (a) | ethyl alcohol of agricultural origin, Part I of Annex II (hereinafter referred to as the agricultural ethyl alcohol sector); |
| --- | --- |

(a)

ethyl alcohol of agricultural origin, Part I of Annex II (hereinafter referred to as the agricultural ethyl alcohol sector);

| (b) | apiculture products, Part II of Annex II (hereinafter referred to as the apiculture sector); |
| --- | --- |

(b)

apiculture products, Part II of Annex II (hereinafter referred to as the apiculture sector);

| (c) | silkworms, Part III of Annex II. |
| --- | --- |

(c)

silkworms, Part III of Annex II.

3.   In respect of potatoes, fresh or chilled of CN code 0701, Chapter II of Part IV shall apply.

Article 2

Definitions

1.   For the purposes of this Regulation, the definitions concerning certain sectors as set out in Annex III shall apply.

2.   For the purposes of this Regulation:

| (a) | ‘farmer’ shall mean a farmer as defined in Article 2(a) of Regulation (EC) No 73/2009; |
| --- | --- |

(a)

‘farmer’ shall mean a farmer as defined in Article 2(a) of Regulation (EC) No 73/2009;

| (b) | ‘paying agency’ shall mean the body or the bodies assigned by a Member State in accordance with Regulation (EC) No 1290/2005; |
| --- | --- |

(b)

‘paying agency’ shall mean the body or the bodies assigned by a Member State in accordance with Regulation (EC) No 1290/2005;

| (c) | ‘intervention price’ shall mean the price at which products shall be bought-in under public intervention. |
| --- | --- |

(c)

‘intervention price’ shall mean the price at which products shall be bought-in under public intervention.

Article 3

Marketing years

The following marketing years shall be established:

| (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 banana sector;

| (b) | 1 April to 31 March of the following year for:






  (i) | the dried fodder sector; |
| --- | --- | --- |

(b)

1 April to 31 March of the following year for:

(i)

the dried fodder sector;

| (ii) | the silkworm sector; |
| --- | --- |

(ii)

the silkworm sector;

| (c) | 1 July to 30 June of the following year for:






  (i) | the cereals sector; |
| --- | --- | --- |

(c)

1 July to 30 June of the following year for:

(i)

the cereals sector;

| (ii) | the seeds sector; |
| --- | --- |

(ii)

the seeds sector;

| (iii) | the olive oil and table olives sector; |
| --- | --- |

(iii)

the olive oil and table olives sector;

| (iv) | the flax and hemp sector; |
| --- | --- |

(iv)

the flax and hemp sector;

| (v) | the milk and milk products sector; |
| --- | --- |

(v)

the milk and milk products sector;

| (d) | 1 August to 31 July of the following year for the wine sector; |
| --- | --- |

(d)

1 August to 31 July of the following year for the wine sector;

| (e) | 1 September to 31 August of the following year for the rice sector; |
| --- | --- |

(e)

1 September to 31 August of the following year for the rice sector;

| (f) | 1 October to 30 September of the following year for the sugar sector. |
| --- | --- |

(f)

1 October to 30 September of the following year for the sugar sector.

In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall
  adopt
  , if necessary,
  delegated acts in accordance with Article 321 fixing

  fix the marketing years for those products by means of delegated acts. [Am. 5]

Article 4

Delegated powers

In order to take into account the specificities of each sector and to address changes in the market situation, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , update the definitions set out in Part I of Annex III.

Article 5

Implementing powers

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a): [Am. 6]

| (a) | fix the conversion rates for rice at various stages of processing, the processing costs and the value of by-products; |
| --- | --- |

(a)

fix the conversion rates for rice at various stages of processing, the processing costs and the value of by-products;

| (b) | adopt all necessary measures regarding the application of conversion rates. |
| --- | --- |

(b)

adopt all necessary measures regarding the application of conversion rates.

PART II

INTERNAL MARKET

TITLE I

MARKET INTERVENTION

CHAPTER I

Public intervention and private storage

Section I

Introductory provisions on public intervention and private storage

Article 6

Scope

1.   This Chapter lays down the rules concerning, where applicable, buying-in under public intervention and the granting of aids for private storage with regard to the following sectors:

| (a) | cereals; |
| --- | --- |

(a)

cereals;

| (b) | rice; |
| --- | --- |

(b)

rice;

| (c) | sugar; |
| --- | --- |

(c)

sugar;

| (d) | olive oil and table olives; |
| --- | --- |

(d)

olive oil and table olives;

| (e) | beef and veal; |
| --- | --- |

(e)

beef and veal;

| (f) | milk and milk products; |
| --- | --- |

(f)

milk and milk products;

| (g) | pigmeat; |
| --- | --- |

(g)

pigmeat;

| (h) | sheepmeat and goatmeat. |
| --- | --- |

(h)

sheepmeat and goatmeat.

2.   For the purposes of this Chapter:

| (a) | ‘cereals’ shall mean cereals harvested in the Union; |
| --- | --- |

(a)

‘cereals’ shall mean cereals harvested in the Union;

| (b) | ‘milk’ shall mean cow's milk produced in the Union; |
| --- | --- |

(b)

‘milk’ shall mean cow's milk produced in the Union;

| (c) | ‘cream’ shall mean cream obtained directly and exclusively from milk. |
| --- | --- |

(c)

‘cream’ shall mean cream obtained directly and exclusively from milk.

Article 7

EU origin

Without prejudice to Article 6(2) only products originating in the Union shall be eligible for buying-in under public intervention or for the granting of aid for the private storage thereof.

Article 8

Reference prices

1.   For products subject to the intervention measures referred to in Article 6(1) the following reference prices shall be fixed:

| (a) | as regards the cereals sector, EUR 101,31/tonne; |
| --- | --- |

(a)

as regards the cereals sector, EUR 101,31/tonne;

| (b) | as regards paddy rice, EUR 150/tonne for standard quality as defined in point A of Annex IV; |
| --- | --- |

(b)

as regards paddy rice, EUR 150/tonne for standard quality as defined in point A of Annex IV;

| (c) | as regards sugar:






  (i) | for white sugar: EUR 404,4/tonne as from the marketing year 2009/2010; |
| --- | --- | --- |

(c)

as regards sugar:

(i)

for white sugar: EUR 404,4/tonne as from the marketing year 2009/2010;

| (ii) | for raw sugar: EUR 335,2/tonne as from the marketing year 2009/2010. |
| --- | --- |

(ii)

for raw sugar: EUR 335,2/tonne as from the marketing year 2009/2010.

| (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 as referred to in Article 34(1)(a); |
| --- | --- |

(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 as referred to in Article 34(1)(a);

| (e) | as regards the milk and milk products sector:






  (i) | EUR 246,39 per 100 kg for butter; |
| --- | --- | --- |

(e)

as regards the milk and milk products sector:

(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 the pigmeat sector, EUR 1 509,39/tonne for pig carcasses of standard quality defined in terms of weight and lean meat content in accordance with the Union scale for the classification of pig carcasses as referred to in Article 34(1)(b), as follows:






  (i) | carcasses weighing from 60 to less than 120 kg: grade E as laid down in point B II of Annex V; |
| --- | --- | --- |

(f)

as regards the pigmeat sector, EUR 1 509,39/tonne for pig carcasses of standard quality defined in terms of weight and lean meat content in accordance with the Union scale for the classification of pig carcasses as referred to in Article 34(1)(b), as follows:

(i)

carcasses weighing from 60 to less than 120 kg: grade E as laid down in point B II of Annex V;

| (ii) | carcasses weighing from 120 to 180 kg: grade R as laid down in point B II of Annex V. |
| --- | --- |

(ii)

carcasses weighing from 120 to 180 kg: grade R as laid down in point B II of Annex V.

2.   The reference prices for cereals and rice set out in points (a) and (b) of paragraph 1 respectively, shall relate to the wholesale stage for goods delivered to the warehouse, before unloading. Those reference prices shall be valid for all Union intervention centres referred to in Article 30.

3.   The reference prices laid down in points (i) and (ii) of paragraph 1(c) shall apply to unpacked sugar, ex factory of standard quality as defined in point B of Annex IV.

4.   Reference prices fixed in paragraph 1 of this Article may be changed in accordance with the procedure laid down in Article 43(2) of the Treaty in the light of developments in production and the markets.

Article 9

Price reporting in the sugar market

The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , set up an information system on prices in the sugar market, including a system for the publication of price levels for the sugar market.

The system shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated with confidentiality.

The Commission shall ensure that the information published does not permit the identification of prices of individual undertakings or operators.

Section II

Public intervention

Subsection I

General provisions

Article 10

Products eligible for public intervention

Public intervention shall be applicable in respect of the following products subject to the conditions laid down in this Section and further requirements and conditions to be determined by the Commission by means of delegated acts and implementing acts pursuant to Article 31 and Article 32:

| (a) | common wheat, durum wheat, barley, maize and sorghum; |
| --- | --- |

(a)

common wheat, durum wheat, barley, maize and sorghum;

| (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 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 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 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 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.

Subsection II

Opening of buying-in

Article 11

Public intervention periods

Public intervention shall be available:

| (a) | for cereals, from 1 November to 31 May; |
| --- | --- |

(a)

for cereals, from 1 November to 31 May;

| (b) | for paddy rice, from 1 April to 31 July; |
| --- | --- |

(b)

for paddy rice, from 1 April to 31 July;

| (c) | for beef and veal, throughout any marketing year; |
| --- | --- |

(c)

for beef and veal, throughout any marketing year;

| (d) | for butter and skimmed milk powder, from 1 March to 31 August. |
| --- | --- |

(d)

for butter and skimmed milk powder, from 1 March to 31 August.

Article 12

Opening of public intervention

1.   During the periods referred to in Article 11, public intervention:

| (a) | shall be open for common wheat; |
| --- | --- |

(a)

shall be open for common wheat;

| (b) | shall be open for durum wheat, barley, maize, sorghum, paddy rice, sugar, butter and skimmed milk powder up to the intervention limits referred to in Article 13(1); |
| --- | --- |

(b)

shall be open for durum wheat, barley, maize, sorghum, paddy rice, sugar, butter and skimmed milk powder up to the intervention limits referred to in Article 13(1);

| (c) | shall be opened for beef and veal by the Commission, by means of implementing acts
  adopted
  without the assistance of the Committee referred to in

  the application of
  Article 323(1)

  323
  , if the average market price for beef and veal over a representative period in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as referred to in Article 34(1) is below EUR 1560/tonne
  , particular attention being paid to the principles of territorial cohesion so as to take account of the impact on regional markets, the economies of which largely depend on this type of product
  . [Am. 7] |
| --- | --- |

(c)

shall be opened for beef and veal by the Commission, by means of implementing acts
  adopted
  without the assistance of the Committee referred to in

  the application of
  Article 323(1)

  323
  , if the average market price for beef and veal over a representative period in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as referred to in Article 34(1) is below EUR 1560/tonne
  , particular attention being paid to the principles of territorial cohesion so as to take account of the impact on regional markets, the economies of which largely depend on this type of product
  . [Am. 7]

2.   Public intervention for beef and veal, referred to in point (c) of paragraph 1, shall be closed by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , where, over a representative period, the conditions provided for in that point are no longer fulfilled.

Article 13

Intervention limits

1.   Buying –in under public intervention shall be carried out within the following limits:

| (a) | for durum wheat, barley, maize, sorghum and paddy rice, 0 tonnes for the periods referred to in Article 11(a) and (b) respectively; |
| --- | --- |

(a)

for durum wheat, barley, maize, sorghum and paddy rice, 0 tonnes for the periods referred to in Article 11(a) and (b) respectively;

| (b) | for butter, 30 000 tonnes for each period referred to in Article 11(d); |
| --- | --- |

(b)

for butter, 30 000 tonnes for each period referred to in Article 11(d);

| (c) | for skimmed milk powder, 109 000 tonnes for each period referred to Article 11(d). |
| --- | --- |

(c)

for skimmed milk powder, 109 000 tonnes for each period referred to Article 11(d).

2.   For the products referred to in paragraph 1, the Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide to continue public intervention beyond the amounts referred to in that paragraph if the market situation and, in particular, the development of market prices, so requires.

Subsection III

Intervention prices

Article 14

Intervention prices

1.   The intervention price:

| (a) | for common wheat shall be equal to the reference price for a maximum quantity offered of 3 million tonnes per intervention period as fixed in Article 11(a); |
| --- | --- |

(a)

for common wheat shall be equal to the reference price for a maximum quantity offered of 3 million tonnes per intervention period as fixed in Article 11(a);

| (b) | for butter shall be equal to 90 % of the reference price for amounts offered within the limit in Article 13(1)(b); |
| --- | --- |

(b)

for butter shall be equal to 90 % of the reference price for amounts offered within the limit in Article 13(1)(b);

| (c) | for skimmed milk powder shall be equal to the reference price for amounts offered within the limit in Article 13(1) (c). |
| --- | --- |

(c)

for skimmed milk powder shall be equal to the reference price for amounts offered within the limit in Article 13(1) (c).

2.   The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , determine the intervention prices and the quantities for intervention for the following products, through tendering procedures:

| (a) | common wheat for amounts in excess of the maximum quantity offered of 3 million tonnes per intervention period as fixed in Article 11(a); |
| --- | --- |

(a)

common wheat for amounts in excess of the maximum quantity offered of 3 million tonnes per intervention period as fixed in Article 11(a);

| (b) | durum wheat, barley, maize, sorghum and paddy rice, in application of Article 13(2); |
| --- | --- |

(b)

durum wheat, barley, maize, sorghum and paddy rice, in application of Article 13(2);

| (c) | beef and veal; |
| --- | --- |

(c)

beef and veal;

| (d) | butter for amounts offered in excess of the limit in Article 13(1)(b), in application of Article 13(2), and |
| --- | --- |

(d)

butter for amounts offered in excess of the limit in Article 13(1)(b), in application of Article 13(2), and

| (e) | skimmed milk powder for amounts offered in excess of the limit in Article 13(1) (c), in application of Article 13(2). |
| --- | --- |

(e)

skimmed milk powder for amounts offered in excess of the limit in Article 13(1) (c), in application of Article 13(2).

In special circumstances, the Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , restrict tendering procedures to, or the intervention prices and the quantities for intervention may be fixed per Member State or region of a Member State on the basis of recorded average market prices.

3.   The maximum buying-in price determined in accordance with tendering procedures under paragraph 2 shall not be higher:

| (a) | for cereals and paddy rice, than the respective reference prices; |
| --- | --- |

(a)

for cereals and paddy rice, than the respective reference prices;

| (b) | for beef and veal, than the average market price recorded in a Member State or a region of a Member State increased by an amount to be determined by the Commission, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , on the basis of objective criteria; |
| --- | --- |

(b)

for beef and veal, than the average market price recorded in a Member State or a region of a Member State increased by an amount to be determined by the Commission, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , on the basis of objective criteria;

| (c) | for butter, than 90 % of the reference price; |
| --- | --- |

(c)

for butter, than 90 % of the reference price;

| (d) | for skimmed milk powder, than the reference price. |
| --- | --- |

(d)

for skimmed milk powder, than the reference price.

4.   The intervention prices referred to in paragraphs 1, 2 and 3 shall be:

| (a) | for cereals, without prejudice to price increases or reductions for quality reasons, and |
| --- | --- |

(a)

for cereals, without prejudice to price increases or reductions for quality reasons, and

| (b) | for paddy rice, increased or decreased accordingly if the quality of the products offered to the paying agency differs from the standard quality, defined in point A of Annex IV. Moreover, in order to ensure that production is orientated towards certain varieties, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , fix increases and reductions of the intervention price. |
| --- | --- |

(b)

for paddy rice, increased or decreased accordingly if the quality of the products offered to the paying agency differs from the standard quality, defined in point A of Annex IV. Moreover, in order to ensure that production is orientated towards certain varieties, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , fix increases and reductions of the intervention price.

Subsection IV

Disposal from intervention

Article 15

General principles

Disposal of products bought in under public intervention shall take place in such a way as to avoid any disturbance of the market, to ensure equal access to the goods and equal treatment of purchasers and in compliance with the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty.

Article 16

Sugar disposal

As regards sugar bought-in under public intervention, paying agencies may sell it only at a price which is higher than the reference price fixed for the marketing year in which the sale takes place.

However, in order to respond to particular opportunities to dispose of intervention stocks without disturbing the market, the Commission may, by delegated acts
  adopted in accordance with Article 321
  , decide that paying agencies:

| (a) | may sell the sugar at a price equal to or lower than the reference price referred to in the first paragraph if the sugar is intended:






  (i) | for use as animal feed, or |
| --- | --- | --- |

(a)

may sell the sugar at a price equal to or lower than the reference price referred to in the first paragraph if the sugar is intended:

(i)

for use as animal feed, or

| (ii) | for export, either without further processing or after processing into products listed in Annex I to the Treaty or into goods listed in Part III of Annex XVII to this Regulation, or |
| --- | --- |

(ii)

for export, either without further processing or after processing into products listed in Annex I to the Treaty or into goods listed in Part III of Annex XVII to this Regulation, or

| (iii) | for industrial use referred to in Article 55; |
| --- | --- |

(iii)

for industrial use referred to in Article 55;

| (b) | are to make unprocessed sugar held by them available, for human consumption on the internal market of the Union, to charitable organisations — recognised by the Member State concerned or by the Commission in cases where a Member State has not recognised any such organisation — at a price which is lower than the current reference price or free of charge for distribution as part of individual emergency aid operations. |
| --- | --- |

(b)

are to make unprocessed sugar held by them available, for human consumption on the internal market of the Union, to charitable organisations — recognised by the Member State concerned or by the Commission in cases where a Member State has not recognised any such organisation — at a price which is lower than the current reference price or free of charge for distribution as part of individual emergency aid operations.

Subsection V

Distribution to the most deprived persons in the Union

Article 17

Scheme for food distribution to the most deprived persons in the Union

1.   A scheme is established whereby food products may be distributed to the most deprived persons in the Union through organisations designated by Member States. For that purpose, products in intervention stocks shall be made available or, where intervention stocks suitable for the food distribution scheme are not available, food products shall be purchased on the market.

For the purposes of the scheme provided for in the first subparagraph 'most deprived persons' means physical persons, whether individuals, families or groups composed of such persons, whose social and financial dependence is recorded or recognised on the basis of eligibility criteria adopted by the national competent authorities, or is judged to be so on the basis of the criteria used by the designated organisations and which are approved by those competent authorities.

2.   Member States wishing to participate in the scheme provided for in paragraph 1 shall submit to the Commission food distribution programmes containing the following:

| (a) | details of their main characteristics and objectives, |
| --- | --- |

(a)

details of their main characteristics and objectives,

| (b) | the organisations designated, |
| --- | --- |

(b)

the organisations designated,

| (c) | the requests for quantities of food products to be distributed during a three-year period and other relevant information. |
| --- | --- |

(c)

the requests for quantities of food products to be distributed during a three-year period and other relevant information.

Member States shall choose the food products on the basis of objective criteria, including nutritional values and suitability for distribution. For that purpose, Member States may give preference to food products of EU origin.

3.   Based on requests notified by Member States pursuant to the first subparagraph of paragraph 2 and other information considered relevant, the Commission shall adopt three-year plans.

Each three-year plan shall set out annual financial allocations by the Union per Member State and minimum annual financial contributions of Member States. Allocations for the second and third year of the programme shall be indicative.

Member States participating in the scheme shall confirm every year the requests referred to in point (c) of the first subparagraph of paragraph 2. Following these confirmations, the Commission shall decide each subsequent year, on the definitive allocations, within the limits of the appropriations available in the budget.

When products included in the three-year plan are not available in intervention stocks in the Member State where such products are required, the three-year plan shall provide for their transfer from Member States where they are available in intervention stocks.

A three-year plan may be revised in the light of any relevant developments affecting its execution.

4.   The organisations designated by the Member States as referred to in paragraph 1 cannot be commercial undertakings.

The food products shall be released free of charge to those organisations.

The distribution of the food products to the most deprived persons shall be:

| (a) | free of charge, or |
| --- | --- |

(a)

free of charge, or

| (b) | at a price which is in no case greater than that justified by the costs incurred by the designated organisations in implementing the operation, other than the costs that may be covered under points (a) and (b) of the second subparagraph of paragraph 7. |
| --- | --- |

(b)

at a price which is in no case greater than that justified by the costs incurred by the designated organisations in implementing the operation, other than the costs that may be covered under points (a) and (b) of the second subparagraph of paragraph 7.

5.   Member States participating in the scheme shall:

| (a) | submit to the Commission an annual report on implementation of the scheme; |
| --- | --- |

(a)

submit to the Commission an annual report on implementation of the scheme;

| (b) | keep the Commission informed in a timely manner on developments affecting the implementation of the food distribution programmes. |
| --- | --- |

(b)

keep the Commission informed in a timely manner on developments affecting the implementation of the food distribution programmes.

6.   The Union shall co-finance the eligible costs under the scheme. This co-financing shall neither:

| (a) | exceed EUR 500 millions per budget year in total; nor |
| --- | --- |

(a)

exceed EUR 500 millions per budget year in total; nor

| (b) | exceed 75 % of the eligible costs, or 90 % of the eligible costs in the Member States eligible for funding from the Cohesion Fund for the period 2007-2013, as listed in Annex I to Commission Decision 2006/596/EC (16). |
| --- | --- |

(b)

exceed 75 % of the eligible costs, or 90 % of the eligible costs in the Member States eligible for funding from the Cohesion Fund for the period 2007-2013, as listed in Annex I to Commission Decision 2006/596/EC (16).

7.   Eligible costs under the scheme shall be:

| (a) | the cost of products released from intervention stocks, |
| --- | --- |

(a)

the cost of products released from intervention stocks,

| (b) | the cost of food products purchased on the market, and |
| --- | --- |

(b)

the cost of food products purchased on the market, and

| (c) | the costs of transporting products in intervention stocks between Member States, when required. |
| --- | --- |

(c)

the costs of transporting products in intervention stocks between Member States, when required.

Within the financial resources available to implement the three-year plan in each Member State, the national competent authorities may consider eligible the following costs:

| (a) | costs of transport of food products to the storage depots of the designated organisations; |
| --- | --- |

(a)

costs of transport of food products to the storage depots of the designated organisations;

| (b) | the following costs incurred by the designated organisations, to the extent that they are directly linked with the implementation of the plan:






  (i) | administrative costs; |
| --- | --- | --- |

(b)

the following costs incurred by the designated organisations, to the extent that they are directly linked with the implementation of the plan:

(i)

administrative costs;

| (ii) | transport costs between the storage depots of the designated organisations and the points of final distribution, and |
| --- | --- |

(ii)

transport costs between the storage depots of the designated organisations and the points of final distribution, and

| (iii) | storage costs. |
| --- | --- |

(iii)

storage costs.

8.   Member States shall carry out administrative and physical checks to ensure the implementation of the plan in compliance with the applicable rules and shall lay down the penalties applicable in cases of irregularities.

9.   The indication "European Union aid" accompanied by the emblem of the European Union shall be clearly marked on the packing of food distributed through the plans as well as in the distribution points.

10.   The Union scheme shall be without prejudice to any national schemes whereby food products are distributed to most deprived persons, in conformity with Union law.

Article 18

Delegated powers

1.   In order to ensure the efficient use of the budget assigned to the scheme provided for in Article 17, the Commission shall, by means of delegated acts
  adopted in accordance with Article 321
  , define the method for calculating the overall allocation of resources including the distribution of intervention products and financial means for the purchase of food products on the market among Member States. It shall also define the accounting value of products released from intervention stocks as well as the method to be used for any reallocation of resources among Member States as a result of a three-year plan revision.

2.   In order to ensure the effective and efficient use of the budget assigned to the scheme provided for in Article 17, and to safeguard the rights and obligations of operators, the Commission shall, by means of delegated acts
  in accordance with Article 321
  , adopt provisions requiring the use of tendering procedures for all operations relating to the execution of the food distribution programmes, provisions on securities to be lodged by participants in tenders, and provisions on sanctions, reductions and exclusions to be applied by the Member States especially with regard to the non respect of time-limits for withdrawal of products from intervention stocks and in the case of serious shortcomings or irregularities in the execution of the three-year plan.

Article 19

Implementing powers

The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt provisions for the uniform implementation of the three-year plan and the national food distribution programmes referred to in Article 17. Those acts shall concern:

| (a) | detailed rules and procedures for the adoption and revision of the three-year plans, including applicable deadlines; |
| --- | --- |

(a)

detailed rules and procedures for the adoption and revision of the three-year plans, including applicable deadlines;

| (b) | the adoption of the three-year plans and their revisions as well as the definitive allocations referred to in the third subparagraph of Article 17(3); |
| --- | --- |

(b)

the adoption of the three-year plans and their revisions as well as the definitive allocations referred to in the third subparagraph of Article 17(3);

| (c) | provisions on additional elements that three-year plans shall consist of, rules for the supply of food products, as well as the procedures and time limits applicable to withdrawals of intervention products and transfers between Member States; |
| --- | --- |

(c)

provisions on additional elements that three-year plans shall consist of, rules for the supply of food products, as well as the procedures and time limits applicable to withdrawals of intervention products and transfers between Member States;

| (d) | provisions on the format of annual reports on implementation as well as of the national food distribution programmes; |
| --- | --- |

(d)

provisions on the format of annual reports on implementation as well as of the national food distribution programmes;

| (e) | detailed rules applying to the reimbursement of the costs provided for in the second subparagraph of Article 17(7) including financial ceilings and time limits; |
| --- | --- |

(e)

detailed rules applying to the reimbursement of the costs provided for in the second subparagraph of Article 17(7) including financial ceilings and time limits;

| (f) | uniform conditions pertaining to tender invitations including conditions applicable to food products and their supply; |
| --- | --- |

(f)

uniform conditions pertaining to tender invitations including conditions applicable to food products and their supply;

| (g) | provisions on administrative and physical checks to be undertaken by the Member states; |
| --- | --- |

(g)

provisions on administrative and physical checks to be undertaken by the Member states;

| (h) | uniform provisions concerning payment procedures and deadlines and reductions applicable in case of non-respect, accounting provisions and procedures for transfers between Member States including the description of tasks to be fulfilled by concerned national intervention bodies; |
| --- | --- |

(h)

uniform provisions concerning payment procedures and deadlines and reductions applicable in case of non-respect, accounting provisions and procedures for transfers between Member States including the description of tasks to be fulfilled by concerned national intervention bodies;

| (i) | uniform conditions for the implementation of Article 17(9).] |
| --- | --- |

(i)

uniform conditions for the implementation of Article 17(9).]

Section III

Private storage

Subsection I

Mandatory aid

Article 20

Eligible products

Aid for private storage shall be granted for the following products subject to the conditions set out in this Section and to further requirements and conditions to be adopted by the Commission by means of delegated acts and implementing acts pursuant to Articles 31 and 32 in respect of:

| (i) | unsalted butter produced from cream or milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 %, a maximum milk solids-non-fat content, by weight, of 2 % and a maximum water content, by weight, of 16 %, |
| --- | --- |

(i)

unsalted butter produced from cream or milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 %, a maximum milk solids-non-fat content, by weight, of 2 % and a maximum water content, by weight, of 16 %,

| (ii) | salted butter produced from cream or milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 80 %, a maximum milk solids-non-fat content, by weight, of 2 %, a maximum water content, by weight, of 16 % and a maximum salt content, by weight, of 2 %. |
| --- | --- |

(ii)

salted butter produced from cream or milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 80 %, a maximum milk solids-non-fat content, by weight, of 2 %, a maximum water content, by weight, of 16 % and a maximum salt content, by weight, of 2 %.

Article 21

Conditions and aid-level for butter

Measures on the fixing of aid for butter shall be taken by the Council in accordance with Article 43(3) of the Treaty.

  Aid amounts for private storage for butter shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account storage costs and the likely trends in prices for fresh butter and butter from stocks.

Where, at the time of removal from storage, an adverse change, unforeseeable at the time of entry into storage, occurs on the market, the Commission may increase the amount of the aid by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). [Am. 8]

Subsection II

Optional aid

Article 22

Eligible products

1.   Aid for private storage may be granted in respect of the following products subject to the conditions set out in this Section and to further requirements and conditions to be adopted by the Commission by means of delegated and implementing acts pursuant to Articles 31 and 32:

| (a) | white sugar; |
| --- | --- |

(a)

white sugar;

| (b) | olive oil; |
| --- | --- |

(b)

olive oil;

| (c) | fresh or chilled meat of adult bovine animals presented in the form of carcasses, half-carcasses, compensated quarters, forequarters or hindquarters, classified in accordance with the Union scale for the classification of carcasses of adult bovine animals as referred to in Article 34(1)(a); |
| --- | --- |

(c)

fresh or chilled meat of adult bovine animals presented in the form of carcasses, half-carcasses, compensated quarters, forequarters or hindquarters, classified in accordance with the Union scale for the classification of carcasses of adult bovine animals as referred to in Article 34(1)(a);

| (d) | pigmeat; |
| --- | --- |

(d)

pigmeat;

| (e) | sheepmeat and goatmeat. |
| --- | --- |

(e)

sheepmeat and goatmeat.

In order to take account of the specificities of meat of adult bovine animals, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , amend the list of products laid down in point (c) of the first subparagraph if the market situation so requires.

2.   The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , fix the aid for private storage provided for in paragraph 1 in advance or by means of tendering procedures.

Article 23

Conditions of granting for white sugar

1.   The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , taking into account the market situation, decide to grant aid for the storage of white sugar to undertakings which are allocated a sugar quota, if the average price recorded in the Union for white sugar is below the reference price during a representative period, and is likely to remain at that level.

2.   Sugar stored in accordance with paragraph 1 during a marketing year may not be subject to any other storage measures provided for in Articles 45 or 56.

Article 24

Conditions of granting for olive oil

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide to authorise Member States to conclude contracts with entities, that they have approved, offering sufficient guarantees for the storage of olive oil that they market in the event of a serious disturbance on the market in certain regions of the Union, inter alia, when the average price recorded on the market during a representative period is less than:

| (a) | EUR 1 779/tonne for extra virgin olive oil, or |
| --- | --- |

(a)

EUR 1 779/tonne for extra virgin olive oil, or

| (b) | EUR 1 710/tonne for virgin olive oil, or |
| --- | --- |

(b)

EUR 1 710/tonne for virgin olive oil, or

| (c) | EUR 1 524/tonne for lampante olive oil having 2 degrees of free acidity, this amount being reduced by EUR 36,70/tonne for each additional degree of acidity. |
| --- | --- |

(c)

EUR 1 524/tonne for lampante olive oil having 2 degrees of free acidity, this amount being reduced by EUR 36,70/tonne for each additional degree of acidity.

Article 25

Conditions of granting for products of the beef and veal sector

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide to grant aid for storage when the average Union market price recorded on the basis of the Union scale for the classification of carcasses of adult bovine animals, as referred to in Article 34(1)(a), is, and is likely to remain, at less than 103 % of the reference price.

Article 26

Conditions of granting for pigmeat

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide to grant aid for storage of pig carcasses where the average market price in the Union as established by reference to the prices recorded in each Member State on the representative markets of the Union and weighted by means of coefficients reflecting the relative size of the pig herd in each Member State is, and is likely to remain, at less than 103 % of the reference price.

Article 27

Conditions of granting for sheepmeat and goatmeat

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide to grant aid for storage for sheepmeat and goatmeat when there is a particularly difficult market situation for sheepmeat and goatmeat in one or more of the following quotation areas:

| (a) | Great Britain; |
| --- | --- |

(a)

Great Britain;

| (b) | Northern Ireland; |
| --- | --- |

(b)

Northern Ireland;

| (c) | any Member State other than the United Kingdom, taken separately. |
| --- | --- |

(c)

any Member State other than the United Kingdom, taken separately.

Section IV

Common provisions on public intervention and private storage

Subsection I

General provisions

Article 28

Rules concerning storage

1.   Paying agencies may not store, outside the territory of the Member State within whose jurisdiction they fall, products they have bought in unless they have obtained prior authorisation from the Commission, by means of implementing acts, pursuant to Article 32.

The territories of Belgium and Luxembourg shall be considered as a single Member State for the purposes of this Article.

2.   Authorisation shall be granted if storage is essential and taking into account the following factors:

| (a) | storage possibilities and storage requirements in the Member State within whose jurisdiction the paying agency falls and in other Member States; |
| --- | --- |

(a)

storage possibilities and storage requirements in the Member State within whose jurisdiction the paying agency falls and in other Member States;

| (b) | any additional costs resulting from storage in the Member State within whose jurisdiction the paying agency falls and from transportation. |
| --- | --- |

(b)

any additional costs resulting from storage in the Member State within whose jurisdiction the paying agency falls and from transportation.

3.   Authorisation for storage in a third country shall be granted only if, on the basis of the criteria set out in paragraph 2, storage in another Member State would create significant difficulties.

4.   The information referred to in point (a) of paragraph 2 shall be drawn up after consulting all the Member States.

5.   Any customs duties and any other amounts to be granted or levied under the common agricultural policy shall not apply to products:

| (a) | transported following an authorisation granted under paragraphs 1, 2 and 3, or |
| --- | --- |

(a)

transported following an authorisation granted under paragraphs 1, 2 and 3, or

| (b) | transferred from one paying agency to another. |
| --- | --- |

(b)

transferred from one paying agency to another.

6.   Any paying agency acting in accordance with paragraphs 1, 2 and 3 shall remain responsible for products stored outside the territory of the Member State within whose jurisdiction it falls.

7.   If products held by a paying agency outside the territory of the Member State within whose jurisdiction it falls are not brought back into that Member State, they shall be disposed of at the prices and subject to the conditions laid down or to be laid down for the place of storage.

Article 29

Rules for tendering procedures

Tendering procedures shall ensure equality of access of all persons concerned.

In the selection of tenders preference shall be given to those which are most favourable to the Union. In any case, the award of a contract shall not necessarily ensue.

Article 30

Intervention centres for cereals and rice

1.   In order to take account of the diversity of storage facilities in the cereals and rice sectors in the Union and to ensure adequate access to public intervention for operators, the Commission shall, by means of delegated acts
  in accordance with Article 321
  , adopt the requirements to be met by intervention centres and storage places for the products to be bought in under the system of public intervention, including the fixing of a minimum storage capacity for the storage places and the setting of technical requirements for keeping products taken over in good condition and for their disposal at the end of the storage period.

2.   The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , designate the intervention centres in the cereals and rice sectors; taking account of the following factors:

| (a) | situation of the centres in surplus areas in respect of the products concerned; |
| --- | --- |

(a)

situation of the centres in surplus areas in respect of the products concerned;

| (b) | availability of sufficient premises and technical equipment; |
| --- | --- |

(b)

availability of sufficient premises and technical equipment;

| (c) | favourable situation as regards means of transport. |
| --- | --- |

(c)

favourable situation as regards means of transport.

Intervention centres may be designated for each cereal.

Article 31

Delegated powers

1.   In order to take account of the specificities of the different sectors, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the requirements and conditions to be met by products to be bought in under public intervention as referred to in Article 10 and to be stored under the system of granting an aid for private storage, in addition to the requirements laid down in this present Regulation. Those requirements and conditions shall aim at guaranteeing the eligibility and quality of the products bought in and stored, with respect to quality groups, quality grades, categories, quantities, packaging including labelling, maximum ages, preservation, the stage of the products to which the intervention price and the aid relates.

2.   In order to take account of the specificities of the cereals and paddy rice sectors, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the applicable price increases or reductions for quality purposes as referred to in Article 14(4) as regards both buying-in and sales.

3.   In order to take account of the specificities of the beef and veal sector, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the provisions relating to the obligation for the paying agencies to have all the beef boned after the take over and prior to the storage provisions.

4.   In order to take account of the diversity of situations relating to the storage of intervention stocks in the Union and to ensure adequate access to public intervention for operators, the Commission shall, by means of delegated acts
  in accordance with Article 321
  , adopt:

| (a) | the requirements to be met by intervention storage places for the products, other than cereals and rice, to be bought in under the system, including the fixing of a minimum storage capacity for the storage places and the setting of technical requirements for keeping products taken over in good condition and for their disposal at the end of the storage period; |
| --- | --- |

(a)

the requirements to be met by intervention storage places for the products, other than cereals and rice, to be bought in under the system, including the fixing of a minimum storage capacity for the storage places and the setting of technical requirements for keeping products taken over in good condition and for their disposal at the end of the storage period;

| (b) | provisions relating to the sale of small quantities remaining in storage in the Member States, to be carried out under their own responsibility, by applying the same procedure as those applied by the Union; and authorising to put up for direct sale quantities which may no longer be repackaged or are deteriorated. |
| --- | --- |

(b)

provisions relating to the sale of small quantities remaining in storage in the Member States, to be carried out under their own responsibility, by applying the same procedure as those applied by the Union; and authorising to put up for direct sale quantities which may no longer be repackaged or are deteriorated.

5.   In order to ensure that private storage has the desired effect on the market, the Commission, by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | shall take provisions for reducing the amount of aid to be paid; |
| --- | --- |

(a)

shall take provisions for reducing the amount of aid to be paid;

| (b) | may set conditions relating to the granting of an advance payment and the requirements to be fulfilled. |
| --- | --- |

(b)

may set conditions relating to the granting of an advance payment and the requirements to be fulfilled.

6.   In order to ensure that operators respect their obligations the Commission shall, by means of delegated acts
  adopted in accordance with Article 321
  , adopt measures to prevent fraud and irregularities. Those measures may include the exclusion of the concerned operators from participating in public intervention or private storage aid in relation with the detected frauds and irregularities.

7.   In order to safeguard the rights and obligations of operators participating in public intervention or private storage measures, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , adopt the necessary provisions relating to:

| (a) | the use of tendering procedures guaranteeing an equal access to the goods and an equal treatment between the operators; |
| --- | --- |

(a)

the use of tendering procedures guaranteeing an equal access to the goods and an equal treatment between the operators;

| (b) | the establishment of operators and their registration for VAT; |
| --- | --- |

(b)

the establishment of operators and their registration for VAT;

| (c) | the lodging of a security guaranteeing that the execution of operators' obligations shall be respected; |
| --- | --- |

(c)

the lodging of a security guaranteeing that the execution of operators' obligations shall be respected;

| (d) | the forfeit of the security in whole or in part if the obligation is not respected. |
| --- | --- |

(d)

the forfeit of the security in whole or in part if the obligation is not respected.

8.   In order to take account of the technical evolution of the products, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , adapt the standard qualities for sugar laid down in Part B of Annex IV.

Article 32

Implementing powers

The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary provisions aiming at reaching a uniform application in the Union of this Chapter. Those rules may, in particular, relate to the following:

| (a) | the tests and methods to be applied for establishing the eligibility of products; |
| --- | --- |

(a)

the tests and methods to be applied for establishing the eligibility of products;

| (b) | for beef and veal, the definition of the representative period over which the market prices shall be recorded for the application of Articles 12(1)(c) and 12(2); |
| --- | --- |

(b)

for beef and veal, the definition of the representative period over which the market prices shall be recorded for the application of Articles 12(1)(c) and 12(2);

| (c) | the procedures and conditions related to the delivery of the products to be bought-in under public intervention, to the transport costs to be borne by the offerer, to the taking over of the products by paying agencies and to the payment; |
| --- | --- |

(c)

the procedures and conditions related to the delivery of the products to be bought-in under public intervention, to the transport costs to be borne by the offerer, to the taking over of the products by paying agencies and to the payment;

| (d) | the different operations connected with the boning process; |
| --- | --- |

(d)

the different operations connected with the boning process;

| (e) | the authorisation of storage outside the territory of the Member State where the products have been bought-in and stored, as referred to in Article 28; |
| --- | --- |

(e)

the authorisation of storage outside the territory of the Member State where the products have been bought-in and stored, as referred to in Article 28;

| (f) | the conditions for the sale or disposal of products bought-in under public intervention, in particular, as appropriate, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released where appropriate; |
| --- | --- |

(f)

the conditions for the sale or disposal of products bought-in under public intervention, in particular, as appropriate, regarding selling prices, the conditions for removal from storage, the subsequent use or destination of products released where appropriate;

| (g) | fixing the aid for the products referred to in Article 20; |
| --- | --- |

(g)

fixing the aid for the products referred to in Article 20;

| (h) | for sugar and olive oil, the definition of the representative period over which the market prices shall be recorded for the application of Article 23 and Article 24 respectively; |
| --- | --- |

(h)

for sugar and olive oil, the definition of the representative period over which the market prices shall be recorded for the application of Article 23 and Article 24 respectively;

| (i) | the adoption of the list of representative markets for pigmeat referred to in Article 26; |
| --- | --- |

(i)

the adoption of the list of representative markets for pigmeat referred to in Article 26;

| (j) | the conclusion and the content of contracts between the competent authority of the Member State and the applicant; |
| --- | --- |

(j)

the conclusion and the content of contracts between the competent authority of the Member State and the applicant;

| (k) | the placing and keeping in private storage and to removal from storage; |
| --- | --- |

(k)

the placing and keeping in private storage and to removal from storage;

| (l) | 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; |
| --- | --- |

(l)

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;

| (m) | the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of; |
| --- | --- |

(m)

the conditions according to which it may be decided that products covered by private storage contracts may be re-marketed or disposed of;

| (n) | the rules relating to the procedures to be followed for buying-in at fixed price or for granting the aid for private storage at fixed price; |
| --- | --- |

(n)

the rules relating to the procedures to be followed for buying-in at fixed price or for granting the aid for private storage at fixed price;

| (o) | the use of tendering procedures, both for public intervention and for private storage, in particular as regards:






  i) | the lodging of offers or tenders, and where appropriate the minimum quantity for an application or submission, |
| --- | --- | --- |

(o)

the use of tendering procedures, both for public intervention and for private storage, in particular as regards:

i)

the lodging of offers or tenders, and where appropriate the minimum quantity for an application or submission,

| ii) | the amount of securities to be lodged, |
| --- | --- |

ii)

the amount of securities to be lodged,

| iii) | the communication of offers and tenders to the Commission; |
| --- | --- |

iii)

the communication of offers and tenders to the Commission;

| (p) | the rules concerning the reporting of prices of certain products by the Member States; |
| --- | --- |

(p)

the rules concerning the reporting of prices of certain products by the Member States;

| (q) | the provisions on the checks to be carried out by the Member States; |
| --- | --- |

(q)

the provisions on the checks to be carried out by the Member States;

| (r) | the information to be transmitted by the Member States to the Commission. |
| --- | --- |

(r)

the information to be transmitted by the Member States to the Commission.

Article 33

Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323

The Commission without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323
  , shall adopt the implementing acts in order:

| (a) | to respect the maximum quantities and quantitative limits set out in Article 13(1) and point (a) of Article 14(1); |
| --- | --- |

(a)

to respect the maximum quantities and quantitative limits set out in Article 13(1) and point (a) of Article 14(1);

| (b) | to switch to the tendering procedure referred to in Article 14(2), as regards common wheat. |
| --- | --- |

(b)

to switch to the tendering procedure referred to in Article 14(2), as regards common wheat.

Subsection II

Specific provisions on carcass classification

Article 34

Union scales and inspections

1.   Union scales for the classification of carcasses shall apply in accordance with the rules laid down in Annex V in the following sectors:

| (a) | beef and veal as regards carcasses of adult bovine animals; |
| --- | --- |

(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. |
| --- | --- |

(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 V.

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

The Union shall bear the costs resulting from the inspections carried out.

Article 35

Delegated powers

1.   In order to take account of technical developments and of the needs of the sectors, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , adapt and update the definitions laid down in Annex V as well as the provisions related to the classification, identification and presentation of adult bovine carcasses, pig carcases and sheep carcases.

2.   In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of the market intervention arrangements in the form of public intervention and private storage in the beef and veal, pig-meat and sheep-meat sectors as applicable, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | adopt provisions relating to the classification, grading (including by automated grading techniques), identification, weighing and marking of carcases; |
| --- | --- |

(a)

adopt provisions relating to the classification, grading (including by automated grading techniques), identification, weighing and marking of carcases;

| (b) | adopt derogations from provisions, and additional provisions for the products concerned, including such regarding the classes of conformation and fat cover in the beef sector and further provisions as regards weight, colour of meat and fat cover in sheep-meat sector; |
| --- | --- |

(b)

adopt derogations from provisions, and additional provisions for the products concerned, including such regarding the classes of conformation and fat cover in the beef sector and further provisions as regards weight, colour of meat and fat cover in sheep-meat sector;

| (c) | lay down rules on the calculation of average Union prices and the obligations on operators to submit information, on beef, pig and sheep carcases, in particular as regards market and representative prices; |
| --- | --- |

(c)

lay down rules on the calculation of average Union prices and the obligations on operators to submit information, on beef, pig and sheep carcases, in particular as regards market and representative prices;

| (d) | lay down further rules for the purpose of intervention and private storage, which may relate in particular to:






  (i) | the measures to be taken by slaughterhouses as provided for in point A.III of Annex V; |
| --- | --- | --- |

(d)

lay down further rules for the purpose of intervention and private storage, which may relate in particular to:

(i)

the measures to be taken by slaughterhouses as provided for in point A.III of Annex V;

| (ii) | any derogations which may be granted to Member States which so request for slaughterhouses in which few bovine animals are slaughtered; |
| --- | --- |

(ii)

any derogations which may be granted to Member States which so request for slaughterhouses in which few bovine animals are slaughtered;

| (e) | define criteria for carcases of light lambs; |
| --- | --- |

(e)

define criteria for carcases of light lambs;

| (f) | revise periodically the weighting coefficients. |
| --- | --- |

(f)

revise periodically the weighting coefficients.

3.   In order to take account of the specificities met within the Union, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | authorise Member States to subdivide each of the classes of conformation and fat cover of carcasses of adult bovine animals provided for in point A.III of Annex V into a maximum of three subclasses; |
| --- | --- |

(a)

authorise Member States to subdivide each of the classes of conformation and fat cover of carcasses of adult bovine animals provided for in point A.III of Annex V into a maximum of three subclasses;

| (b) | provide a different presentation of carcases and half carcases than the one laid down in point A.IV of Annex V for the purpose of establishing market prices; |
| --- | --- |

(b)

provide a different presentation of carcases and half carcases than the one laid down in point A.IV of Annex V for the purpose of establishing market prices;

| (c) | authorise 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; |
| --- | --- |

(c)

authorise 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;

| (d) | adopt additional provisions and requirements including:






  (i) | granting authorisation to Member States to provide for a different presentation of pig carcases if one of the following conditions is fulfilled:






  — | normal commercial practice in their territory differs from the standard presentation, |
| --- | --- | --- | --- |

(d)

adopt additional provisions and requirements including:

(i)

granting authorisation to Member States to provide for a different presentation of pig carcases if one of the following conditions is fulfilled:

—

normal commercial practice in their territory differs from the standard presentation,

| — | technical requirements warrant it, |
| --- | --- |

—

technical requirements warrant it,

| — | carcasses are dehided in a uniform manner; |
| --- | --- |

—

carcasses are dehided in a uniform manner;

| (ii) | granting authorisation to Member States to permit different presentations of sheep carcasses when the reference presentation is not used; |
| --- | --- |

(ii)

granting authorisation to Member States to permit different presentations of sheep carcasses when the reference presentation is not used;

| (e) | provide for Member States to apply administrative penalties to prevent infringements, such as, in particular, the falsification and fraudulent use of stamps and labels, or classification carried out by unlicensed personnel. |
| --- | --- |

(e)

provide for Member States to apply administrative penalties to prevent infringements, such as, in particular, the falsification and fraudulent use of stamps and labels, or classification carried out by unlicensed personnel.

4.   In order to ensure the accuracy and reliability of the classification of carcases of adult bovines, pigs and sheep, the Commission shall, by means of delegated acts
  adopted in accordance with Article 321
  , provide that the classification be carried out by sufficiently qualified classifiers.

5.   In order to guarantee the reliability of the classification scale the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , adopt provisions relating to the checks to be carried out and to the consequences to be drawn in case of inadequate application.

6.   In order to ensure that the Union inspection committee fulfils its objectives, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , determine its responsibilities and the way it is composed.

Article 36

Implementing powers

The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , lay down detailed rules on:

| (a) | the implementation of Union scales for the classification of beef, pig and sheep carcases in particular as regards:






  (i) | communication of classification results, |
| --- | --- | --- |

(a)

the implementation of Union scales for the classification of beef, pig and sheep carcases in particular as regards:

(i)

communication of classification results,

| (ii) | on-the-spot checks, inspection reports and follow-up actions, |
| --- | --- |

(ii)

on-the-spot checks, inspection reports and follow-up actions,

| (iii) | on-the-spot inspections in relation to the classification of carcasses of adult bovine animals and sheep on behalf of the Union by Union inspection committee; |
| --- | --- |

(iii)

on-the-spot inspections in relation to the classification of carcasses of adult bovine animals and sheep on behalf of the Union by Union inspection committee;

| (b) | reporting by Member States to the Commission of accurate information, in particular in relation to prices of beef, pig and sheep carcases; |
| --- | --- |

(b)

reporting by Member States to the Commission of accurate information, in particular in relation to prices of beef, pig and sheep carcases;

| (c) | reporting of information on slaughterhouses and other entities, which record prices and regions for which prices are recorded in beef sector; |
| --- | --- |

(c)

reporting of information on slaughterhouses and other entities, which record prices and regions for which prices are recorded in beef sector;

| (d) | on-the-spot inspections in relation to price reporting of carcasses of adult bovine animals and sheep on behalf of the Union by a Union inspection committee. |
| --- | --- |

(d)

on-the-spot inspections in relation to price reporting of carcasses of adult bovine animals and sheep on behalf of the Union by a Union inspection committee.

CHAPTER II

Special intervention measures

Section I

Exceptional market support measures

Article 37

Animal diseases

1.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt exceptional support measures for the affected market in order to take account of restrictions on intra-Union and third-country trade which may result from the application of measures for combating the spread of diseases in animals.

The measures provided for in the first subparagraph shall apply to the following sectors:

| (a) | beef and veal; |
| --- | --- |

(a)

beef and veal;

| (b) | milk and milk products; |
| --- | --- |

(b)

milk and milk products;

| (c) | pigmeat; |
| --- | --- |

(c)

pigmeat;

| (d) | sheepmeat and goatmeat; |
| --- | --- |

(d)

sheepmeat and goatmeat;

| (e) | eggs; |
| --- | --- |

(e)

eggs;

| (f) | poultrymeat. |
| --- | --- |

(f)

poultrymeat.

2.   The measures provided for in the first subparagraph of paragraph 1 shall be taken at the request of the Member State(s) concerned.

They may be taken only if the Member State(s) concerned has (have) taken health and veterinary measures quickly to stamp out the disease, and only to the extent and for the duration strictly necessary to support the market concerned.

Article 38

Loss in consumer confidence

With regard to the poultrymeat and eggs sectors, the Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt exceptional market support measures in order to take account of serious market disturbances directly attributed to a loss in consumer confidence due to public health, or animal health risks.

Those measures shall be taken at the request of the Member State(s) concerned.

Article 39

Financing

1.   For exceptional measures referred to in Articles 37 and 38, the Union shall provide part-financing equivalent to 50 % of the expenditure borne by Member States.

However, with regard to the beef and veal, milk and milk products, pigmeat and sheepmeat and goatmeat sectors, the Union shall provide part-financing equivalent to 60 % of such expenditure when combating foot-and-mouth disease.

2.   Member States shall ensure that, where producers contribute to the expenditure borne by Member States, this does not result in distortion of competition between producers in different Member States.

Section II

Measures in the cereals and rice sectors

Article 40

Special market measures in the cereals sector

1.   In order to react efficiently and effectively against threats of market disturbance, where the market situation so dictates, the Commission may, by means of delegated acts, adopted where necessary under the urgency procedure
  provided for in Article 322
  , take special intervention measures in respect of the cereals sector. Such intervention measures may in particular, be taken if, in one or more regions of the Union, market prices fall, or threaten to fall, in relation to the intervention price. [Am. 9]

2.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Article. Those measures may, in particular, relate to procedures, notifications, technical criteria and administrative or physical checks to be conducted by the Member States.

Article 41

Special market measures in the rice sector

1.   In order to react efficiently and effectively against threats of market disturbance in the rice sector, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , adopted where necessary under the urgency procedure
  in accordance with Article 322
  , take special measures to:

| (a) | prevent large-scale application of public intervention, as provided for in Section II of Chapter I of this Part, in certain regions of the Union; |
| --- | --- |

(a)

prevent large-scale application of public intervention, as provided for in Section II of Chapter I of this Part, in certain regions of the Union;

| (b) | make up for paddy rice shortages following natural disasters. |
| --- | --- |

(b)

make up for paddy rice shortages following natural disasters.

2.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary measures related to this Article. Those measures may, in particular, relate to procedures, notifications, technical criteria and administrative or physical checks to be conducted by the Member States.

Section III

Measures in the sugar sector

Article 42

Minimum beet price

1.   The minimum price for quota beet shall be EUR 26,29 per tonne as from the marketing year 2009/2010.

2.   The minimum price referred to in paragraph 1 shall apply to sugar beet of the standard quality defined in Part B of Annex IV.

3.   Sugar undertakings buying quota beet suitable for processing into sugar and intended for processing into quota sugar shall be required to pay at least the minimum price, adjusted by price increases or reductions to allow for deviations from the standard quality.

In order to adjust the price where the actual quality of sugar beet differs from the standard quality, the increases and reductions referred to in the first subparagraph shall be applied in accordance with rules laid down by the Commission by means of delegated acts pursuant to Article 46(a).

4.   For the quantities of sugar beet corresponding to the quantities of industrial sugar or surplus sugar that are subject to the surplus levy provided for in Article 57, the sugar undertaking concerned shall adjust the purchase price so that it is at least equal to the minimum price for quota beet.

Article 43

Interprofessional agreements

1.   Agreements within the trade and delivery contracts shall conform to paragraph 3 and to purchase terms, which are to be determined by the Commission by means of delegated acts pursuant to Article 46(b), in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.

2.   The terms for buying sugar beet and sugar cane shall be governed by agreements within the trade concluded between Union growers of these raw materials and Union sugar undertakings.

3.   In delivery contracts, a distinction shall be made according to whether the quantities of sugar to be manufactured from sugar beet will be:

| (a) | quota sugar; or |
| --- | --- |

(a)

quota sugar; or

| (b) | out-of-quota sugar. |
| --- | --- |

(b)

out-of-quota sugar.

4.   Each sugar undertaking shall provide the Member State in which it produces sugar with the following information:

| (a) | the quantities of beet referred to in point (a) of paragraph 3, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based; |
| --- | --- |

(a)

the quantities of beet referred to in point (a) of paragraph 3, for which they have concluded pre-sowing delivery contracts and the sugar content on which those contracts are based;

| (b) | the corresponding estimated yield. |
| --- | --- |

(b)

the corresponding estimated yield.

Member States may require additional information.

5.   Sugar undertakings which have not signed pre-sowing delivery contracts at the minimum price for quota beet for a quantity of beet equivalent to the sugar for which they hold a quota, adjusted, as the case may be, by the coefficient for a preventive withdrawal fixed pursuant to the first subparagraph of Article 45(2), shall be required to pay at least the minimum price for quota beet for all the sugar beet they process into sugar.

6.   Subject to the approval of the Member State concerned, agreements within the trade may derogate from paragraphs 3, 4 and 5.

7.   If no agreements within the trade exist, the Member State concerned shall take the necessary steps compatible with this Regulation to protect the interests of the parties concerned.

Article 44

Production charge

1.   A production charge shall be levied on the sugar quota, the isoglucose quota and the inulin syrup quota held by undertakings producing sugar, isoglucose or inulin syrup as referred to in Article 50(2).

2.   The production charge shall be set at EUR 12,00 per tonne of the quota sugar and quota inulin syrup. For isoglucose, the production charge shall be set at 50 % of the charge applicable to sugar.

3.   The totality of the production charge paid in accordance with paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quota held during the marketing year concerned.

Payments shall be made by the undertakings by the end of February of the relevant marketing year at the latest.

4.   Union sugar and inulin syrup undertakings may require sugar-beet or sugar-cane growers or chicory suppliers to bear up to 50 % of the production charge concerned.

Article 45

Withdrawal of sugar

1.   In order to preserve the structural balance of the market at a price level which is close to the reference price, taking into account the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty, the Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide to withdraw from the market, for a given marketing year, those quantities of sugar or isoglucose produced under quotas which exceed the threshold calculated in accordance with paragraph 2 of this Article.

2.   The withdrawal threshold referred to in paragraph 1 shall be calculated, for each undertaking holding a quota, by multiplying its quota by a coefficient, which may be fixed by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a),
  by 16 March of the previous marketing year, on the basis of expected market trends.

On the basis of updated market trends, the Commission may by 31 October of the marketing year concerned, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide either to adjust or, in the case where no coefficient has been fixed pursuant to the first subparagraph, to fix a coefficient.

3.   Each undertaking provided with a quota shall store at its own expense until the beginning of the following marketing year the sugar produced under quota beyond the threshold calculated in accordance with paragraph 2. The sugar or isoglucose quantities withdrawn during a marketing year shall be treated as the first quantities produced under quota for the following marketing year.

By way of derogation from the first subparagraph, taking into account the expected sugar market trends, the Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide to consider, for the current and/or the following marketing year, all or part of the withdrawn sugar or isoglucose as:

| (a) | surplus sugar or surplus isoglucose available to become industrial sugar or industrial isoglucose; or |
| --- | --- |

(a)

surplus sugar or surplus isoglucose available to become industrial sugar or industrial isoglucose; or

| (b) | temporary quota production of which a part may be reserved for export respecting the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty. |
| --- | --- |

(b)

temporary quota production of which a part may be reserved for export respecting the commitments of the Union resulting from agreements concluded in accordance with Article 218 of the Treaty.

4.   If sugar supply in the Union is inadequate, the Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide that a certain quantity of withdrawn sugar may be sold on the Union market before the end of the period of withdrawal.

5.   In the case where withdrawn sugar is treated as the first sugar production of the following marketing year, the minimum price of that marketing year shall be paid to beet growers.

In the case where withdrawn sugar becomes industrial sugar or is exported according to points (a) and (b) of paragraph 3 of this Article, the requirements of Article 42 on the minimum price shall not apply.

In the case where withdrawn sugar is sold on the Union market before the end of the period of withdrawal according to paragraph 4, the minimum price of the ongoing marketing year shall be paid to beet growers.

Article 46

Delegated powers

In order to take into account the specificities of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | the price adjustments to be applied as provided for in Article 42(3); |
| --- | --- |

(a)

the price adjustments to be applied as provided for in Article 42(3);

| (b) | delivery contracts and purchase terms as referred to Article 43(1); |
| --- | --- |

(b)

delivery contracts and purchase terms as referred to Article 43(1);

| (c) | the criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts as referred to in Article 43(4). |
| --- | --- |

(c)

the criteria to be applied by the sugar undertakings when allocating among beet sellers the quantities of beet to be covered by pre-sowing delivery contracts as referred to in Article 43(4).

Section IV

Adjustment of supply

Article 47

Measures to facilitate the adjustment of supply to market requirements

In order to encourage action by trade organisations and joint trade organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , take the following measures in respect of the live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors:

| (a) | measures to improve quality; |
| --- | --- |

(a)

measures to improve quality;

| (b) | measures to promote better organisation of production, processing and marketing; |
| --- | --- |

(b)

measures to promote better organisation of production, processing and marketing;

| (c) | measures to facilitate the recording of market price trends; |
| --- | --- |

(c)

measures to facilitate the recording of market price trends;

| (d) | measures to permit the establishment of short and long-term forecasts on the basis of the means of production used. |
| --- | --- |

(d)

measures to permit the establishment of short and long-term forecasts on the basis of the means of production used.

Article 48

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt rules related to procedures and technical conditions as regards the implementation of the measures referred to in Article 47.

CHAPTER III

Systems of production limitation

Section I

General provisions

Article 49

Quota systems and production potential

1.   A quota system shall apply to the following products:

| (a) | milk and other milk products within the meaning of points (a) and (b) of Article 58(1); |
| --- | --- |

(a)

milk and other milk products within the meaning of points (a) and (b) of Article 58(1);

| (b) | sugar, isoglucose and inulin syrup. |
| --- | --- |

(b)

sugar, isoglucose and inulin syrup.

2.   As regards the quota systems referred to in paragraph 1 of this Article, if a producer exceeds the relevant quota and, with regard to sugar, isoglucose and inulin syrup, does not make use of the surplus quantities as provided for in Article 54, a surplus levy shall be payable on such quantities, subject to the conditions set out in Sections II and III.

3.   In relation to the wine sector, rules concerning production potential as regards unlawful plantings, transitional planting rights as well as a grubbing-up scheme shall apply in accordance with the provisions set out in Section V.

Section II

Sugar

Subsection I

Quota allocation and management

Article 50

Quota allocation

1.   The quotas for the production of sugar, isoglucose and inulin syrup at national or regional level are fixed in Annex VI.

2.   Member States shall allocate a quota to each undertaking producing sugar, isoglucose or inulin syrup established in their territory and approved in accordance with Article 51.

For each undertaking, the allocated quota shall be equal to the quota under Regulation (EC) No 318/2006 which was allocated to the undertaking for the marketing year 2007/2008.

3.   In case of allocation of a quota to a sugar undertaking having more than one production unit, the Member States shall adopt the measures they consider necessary in order to take due account of the interests of sugar beet and cane growers.

Article 51

Approved undertakings

1.   On request, Member States shall grant an approval to an undertaking producing sugar, isoglucose or inulin syrup or to an undertaking that processes these products into a product included in the list referred to in Article 55(2) provided that the undertaking:

| (a) | proves its professional production capacities; |
| --- | --- |

(a)

proves its professional production capacities;

| (b) | agrees to provide any information and to be subject to controls related to this Regulation; |
| --- | --- |

(b)

agrees to provide any information and to be subject to controls related to this Regulation;

| (c) | is not subject to suspension or withdrawal of the approval. |
| --- | --- |

(c)

is not subject to suspension or withdrawal of the approval.

2.   The approved undertakings shall provide the Member State in whose territory the harvest of beet, cane or the refining takes place, with the following information:

| (a) | the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare; |
| --- | --- |

(a)

the quantities of beet or cane for which a delivery contract has been concluded, as well as the corresponding estimated yields of beet or cane, and sugar per hectare;

| (b) | data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks; |
| --- | --- |

(b)

data regarding provisional and actual sugar beet, sugar cane and raw sugar deliveries, and regarding sugar production and statements of sugar stocks;

| (c) | quantities of white sugar sold and corresponding prices and conditions. |
| --- | --- |

(c)

quantities of white sugar sold and corresponding prices and conditions.

Article 52

Adjustment of the national quotas

The Commission shall, by means of delegated acts
  adopted in accordance with Article 321
  , adjust the quotas set out in Annex VI as a result of Member States' decisions taken in accordance with Article 53.

Article 53

National quota reallocation and reduction of quotas

1.   A Member State may reduce the sugar or isoglucose quota allocated to an undertaking established on its territory by up to 10 % for the marketing year 2008/2009 and following. In doing so, the Member States shall apply objective and non discriminatory criteria.

2.   Member States may transfer quotas between undertakings in accordance with the rules laid down in Annex VII and taking into consideration the interests of each of the parties concerned, particularly sugar beet and cane growers.

3.   The quantities reduced pursuant to paragraphs 1 and 2 shall be allocated by the Member State in question to one or more undertakings on its territory, whether or not holding a quota.

Subsection II

Quota Overrun

Article 54

Scope

The sugar, isoglucose or inulin syrup produced during a marketing year in excess of the quota referred to in Article 50 may be:

| (a) | used for the processing of certain products as referred to in Article 55; |
| --- | --- |

(a)

used for the processing of certain products as referred to in Article 55;

| (b) | carried forward to the quota production of the next marketing year, in accordance with Article 56; |
| --- | --- |

(b)

carried forward to the quota production of the next marketing year, in accordance with Article 56;

| (c) | used for the specific supply regime for the outermost regions, in accordance with Chapter III of Regulation (EU) No ... of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (17); or |
| --- | --- |

(c)

used for the specific supply regime for the outermost regions, in accordance with Chapter III of Regulation (EU) No ... of the European Parliament and of the Council laying down specific measures for agriculture in the outermost regions of the Union (17); or

| (d) | exported within the quantitative limit fixed by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , respecting the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty. |
| --- | --- |

(d)

exported within the quantitative limit fixed by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , respecting the commitments resulting from agreements concluded in accordance with Article 218 of the Treaty.

Other quantities shall be subject to the surplus levy referred to in Article 57.

Article 55

Industrial sugar

1.   Industrial sugar, industrial isoglucose or industrial inulin syrup shall be reserved for the production of one of the products referred to in paragraph 2 when:

| (a) | it has been subject to a delivery contract concluded before the end of the marketing year between a producer and a user which have both been granted approval in accordance with Article 51; and |
| --- | --- |

(a)

it has been subject to a delivery contract concluded before the end of the marketing year between a producer and a user which have both been granted approval in accordance with Article 51; and

| (b) | it has been delivered to the user by 30 November of the following marketing year at the latest. |
| --- | --- |

(b)

it has been delivered to the user by 30 November of the following marketing year at the latest.

2.   In order to take account of technical developments, the Commission may, by means of delegated act
  adopted in accordance with Article 321
  , draw up a list of products for the production of which industrial sugar, industrial isoglucose or industrial inulin syrup may be used.

The list shall in particular include:

| (a) | bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and those to be processed into Rinse appelstroop; |
| --- | --- |

(a)

bioethanol, alcohol, rum, live yeast and quantities of syrups for spreading and those to be processed into Rinse appelstroop;

| (b) | certain industrial products without sugar content but the processing of which uses sugar, isoglucose or inulin syrup; |
| --- | --- |

(b)

certain industrial products without sugar content but the processing of which uses sugar, isoglucose or inulin syrup;

| (c) | certain products of the chemical or pharmaceutical industry which contain sugar, isoglucose or inulin syrup. |
| --- | --- |

(c)

certain products of the chemical or pharmaceutical industry which contain sugar, isoglucose or inulin syrup.

Article 56

Carry forward of surplus sugar

1.   Each undertaking may decide to carry forward all or part of its production in excess of its sugar quota, its isoglucose quota or its inulin syrup quota to be treated as part of the next marketing year's production. Without prejudice to paragraph 3, that decision shall be irrevocable.

2.   Undertakings which take the decision referred to in paragraph 1 shall:

| (a) | inform the Member State concerned before a date to be determined by that Member State:






  — | between 1 February and 15 August of the current marketing year for quantities of cane sugar being carried forward, |
| --- | --- | --- |

(a)

inform the Member State concerned before a date to be determined by that Member State:

—

between 1 February and 15 August of the current marketing year for quantities of cane sugar being carried forward,

| — | between 1 February and 15 August of the current marketing year for other quantities of sugar or inulin syrup being carried forward; |
| --- | --- |

—

between 1 February and 15 August of the current marketing year for other quantities of sugar or inulin syrup being carried forward;

| (b) | undertake to store such quantities at their own expense until the end of the current marketing year. |
| --- | --- |

(b)

undertake to store such quantities at their own expense until the end of the current marketing year.

3.   If an undertaking's definitive production in the marketing year concerned was less than the estimate made when the decision in accordance with paragraph 1 was taken, the quantity carried forward may be adjusted retroactively by 31 October of the following marketing year at the latest.

4.   The quantities carried forward shall be deemed to be the first quantities produced under the quota of the following marketing year.

5.   Sugar stored in accordance with this Article during a marketing year may not be subject to any other storage measures provided for in Articles 23 or 45.

Article 57

Surplus levy

1.   A surplus levy shall be levied on quantities of:

| (a) | surplus sugar, surplus isoglucose and surplus inulin syrup produced during any marketing year, except for quantities carried forward to the quota production of the following marketing year and stored in accordance with Article 56 or quantities referred to in points (c) and (d) of Article 54; |
| --- | --- |

(a)

surplus sugar, surplus isoglucose and surplus inulin syrup produced during any marketing year, except for quantities carried forward to the quota production of the following marketing year and stored in accordance with Article 56 or quantities referred to in points (c) and (d) of Article 54;

| (b) | industrial sugar, industrial isoglucose and industrial inulin syrup for which no proof has been supplied, by a date to be determined by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , that it has been processed into one of the products referred to in Article 55(2); |
| --- | --- |

(b)

industrial sugar, industrial isoglucose and industrial inulin syrup for which no proof has been supplied, by a date to be determined by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , that it has been processed into one of the products referred to in Article 55(2);

| (c) | sugar and isoglucose withdrawn from the market in accordance with Article 45 and for which the obligations provided for in Article 45(3) are not met. |
| --- | --- |

(c)

sugar and isoglucose withdrawn from the market in accordance with Article 45 and for which the obligations provided for in Article 45(3) are not met.

2.   The surplus levy shall be fixed by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a),
  at a sufficiently high level in order to avoid the accumulation of quantities referred to in paragraph 1.

3.   The surplus levy referred to in paragraph 1 shall be charged by the Member State to the undertakings on its territory according to the quantities of production referred to in paragraph 1 that have been established for those undertakings for the marketing year concerned.

Section III

Milk

Subsection I

General provisions

Article 58

Definitions

1.   For the purposes of this Section:

| (a) | ‘milk’ means the produce of the milking of one or more cows; |
| --- | --- |

(a)

‘milk’ means the produce of the milking of one or more cows;

| (b) | ‘other milk products’ means any milk product other than milk, in particular skimmed milk, cream, butter, yoghurt and cheese, which, when relevant, shall be converted into ‘milk equivalents’ by applying coefficients to be fixed by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  ; |
| --- | --- |

(b)

‘other milk products’ means any milk product other than milk, in particular skimmed milk, cream, butter, yoghurt and cheese, which, when relevant, shall be converted into ‘milk equivalents’ by applying coefficients to be fixed by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  ;

| (c) | ‘producer’ means a farmer with a holding located within the geographical territory of a Member State, who produces and markets milk or who is preparing to do so in the very near future; |
| --- | --- |

(c)

‘producer’ means a farmer with a holding located within the geographical territory of a Member State, who produces and markets milk or who is preparing to do so in the very near future;

| (d) | ‘holding’ means a holding as defined in Article 2(b) of Regulation (EC) No 73/2009; |
| --- | --- |

(d)

‘holding’ means a holding as defined in Article 2(b) of Regulation (EC) No 73/2009;

| (e) | ‘purchaser’ means undertakings or groups which buy milk from producers:






  — | to subject it to collecting, packing, storing, chilling or processing, including under contract, |
| --- | --- | --- |

(e)

‘purchaser’ means undertakings or groups which buy milk from producers:

—

to subject it to collecting, packing, storing, chilling or processing, including under contract,

| — | to sell it to one or more undertakings treating or processing milk or other milk products; |
| --- | --- |

—

to sell it to one or more undertakings treating or processing milk or other milk products;

| (f) | ‘delivery’ means any delivery of milk, not including any other milk products, by a producer to a purchaser, whether the transport is carried out by the producer, a purchaser, an undertaking processing or treating such products or a third party; |
| --- | --- |

(f)

‘delivery’ means any delivery of milk, not including any other milk products, by a producer to a purchaser, whether the transport is carried out by the producer, a purchaser, an undertaking processing or treating such products or a third party;

| (g) | ‘direct sale’ means any sale or transfer of milk by a producer directly to consumers, as well as any sale or transfer of other milk products by a producer; |
| --- | --- |

(g)

‘direct sale’ means any sale or transfer of milk by a producer directly to consumers, as well as any sale or transfer of other milk products by a producer;

| (h) | ‘marketing’ means deliveries of milk or direct sales of milk or other milk products; |
| --- | --- |

(h)

‘marketing’ means deliveries of milk or direct sales of milk or other milk products;

| (i) | ‘individual quota’ means a producer's quota at 1 April of any twelve-month period; |
| --- | --- |

(i)

‘individual quota’ means a producer's quota at 1 April of any twelve-month period;

| (j) | ‘national quota’ means the quota referred to in Article 59, fixed for each Member State; |
| --- | --- |

(j)

‘national quota’ means the quota referred to in Article 59, fixed for each Member State;

| (k) | ‘available quota’ means the quota available to producers on 31 March of the twelve-month period for which the surplus levy is calculated, taking account of all transfers, sales, conversions and temporary re-allocations provided for in this Regulation which have taken place during that twelve-month period. |
| --- | --- |

(k)

‘available quota’ means the quota available to producers on 31 March of the twelve-month period for which the surplus levy is calculated, taking account of all transfers, sales, conversions and temporary re-allocations provided for in this Regulation which have taken place during that twelve-month period.

2.   As regards the definition given in point (e) of paragraph 1, any group of purchasers in the same geographical area which carries out the administrative and accounting operations necessary for the payment of the surplus levy on behalf of its members shall be regarded as a purchaser. For that purpose, Greece shall be considered a single geographical area and it may deem an official body to be a group of purchasers.

3.   In order to ensure, in particular, that no quantity of marketed milk or other milk products is excluded from the quota arrangements, the Commission may, while respecting the definition of ‘delivery’ given in point (f) of paragraph 1, adjust the definition of ‘direct sale’ by means of delegated acts pursuant to Article 80(1)(i).

4.   In order to ensure that all specific situations are covered by the milk quota system, the Commission shall, by means of delegated acts pursuant to Article 80(1)(h), adopt specific definitions relating to the operation of the system.

Subsection II

Quota allocation and management

Article 59

National quotas

1.   The national quotas for the production of milk and other milk products marketed during seven consecutive periods of twelve months commencing on 1 April 2008 (hereinafter referred to as ‘twelve-month periods’) are fixed in Annex VIII.

2.   The quotas referred to in paragraph 1 shall be divided between producers in accordance with Article 60, distinguishing between deliveries and direct sales. Any overrun of the national quotas shall be determined nationally in each Member State, in accordance with this Section and making a distinction between deliveries and direct sales.

3.   The national quotas set out in of Annex VIII shall be fixed without prejudice to possible review in the light of the general market situation and particular conditions existing in certain Member States.

4.   For Bulgaria, the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia and Slovakia the national quotas shall include all milk or milk equivalent delivered to a purchaser or sold directly, irrespective of whether it is produced or marketed under a transitional measure applicable in those countries.

5.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary rules related to the uniform implementation of this Article in Member States. Those rules may relate to procedures, notifications and technical criteria.

Article 60

Individual quotas

1.   The producers' individual quota or quotas at 1 April 2008 shall be equal to their individual quotas at 31 March 2008 without prejudice to transfers, sales and conversions of quota that take effect on 1 April 2008.

2.   Producers may have either one or two individual quotas, one for deliveries and the other for direct sales. A producer's quantities may be converted from one quota to the other only by the competent authority of the Member State, at the duly justified request of the producer.

3.   Where a producer has two quotas, his contribution to any surplus levy due shall be calculated separately for each.

4.   The part of the Finnish national quota allocated to the deliveries referred to in Article 59 may be increased by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  to compensate Finnish SLOM producers up to 200 000 tonnes. This reserve, to be allocated in accordance with Union legislation, must be used exclusively on behalf of producers whose right to take up production again has been affected as a result of accession.

5.   Individual quotas shall be modified, where appropriate, for each of the twelve-month periods concerned, so that, for each Member State, the sum of the individual quotas for the deliveries and that for the direct sales does not exceed the corresponding part of the national quota adapted in accordance with Article 62, taking account of any reductions made for allocation to the national reserve as provided for in Article 64.

Article 61

Allocation of quotas from the national reserve

Member States shall adopt rules allowing for allocation to producers of all or part of the quotas from the national reserve provided for in Article 64 on the basis of objective criteria to be notified to the Commission.

Article 62

Management of quotas

1.   The Commission shall adapt, by means of implementing acts pursuant to Article 81(a), for each Member State and for each period, before the end of that period, the division between 'deliveries' and 'direct sales' of national quotas, in the light of the conversions requested by producers, between individual quotas for deliveries and for direct sales.

2.   Member States shall each year forward to the Commission, by dates to be fixed by the Commission, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  and according to rules to be fixed by the Commission, by means of implementing acts pursuant to Article 316(3), the information necessary to:

| (a) | make the adaptation referred to in paragraph 1 of this Article; |
| --- | --- |

(a)

make the adaptation referred to in paragraph 1 of this Article;

| (b) | calculate the surplus levy to be paid by them. |
| --- | --- |

(b)

calculate the surplus levy to be paid by them.

3.   Rules relating to this Article shall be adopted by means of delegated acts pursuant to Article 80(2)(b) and by implementing acts pursuant to Article 81(g).

Article 63

Fat content

1.   Each producer shall be assigned a reference fat content, to be applied to the individual quota for deliveries allocated to that producer.

2.   For the quotas allocated to producers on 31 March 2008 in accordance with Article 60(1), the reference fat content referred to in paragraph 1 shall be the same as the reference fat content applied to that quota at that date.

3.   The reference fat content shall be altered during the conversion referred to in Article 60(2) and where quotas are acquired, transferred or temporarily transferred in accordance with rules to be established by the Commission by means of implementing acts pursuant to Article 81(b).

4.   For new producers having an individual quota for deliveries allocated entirely from the national reserve, the fat content shall be fixed in accordance with rules to be established by the Commission by means of implementing acts pursuant to Article 81(b).

5.   The individual reference fat content referred to in paragraph 1 shall be adjusted, where appropriate, upon the entry into force of this Regulation and thereafter, at the beginning of each twelve-month period as necessary, so that, for each Member State, the weighted average of the individual representative fat contents does not exceed by more than 0,1 gram per kg the reference fat content set in Annex IX.

Article 64

National reserve

1.   Each Member State shall set up a national reserve as part of the national quotas fixed in Annex VIII, in particular with a view to making the allocations provided for in Article 61. The national reserve shall be replenished, as appropriate, by withdrawing some quantities as provided for in Article 65, retaining part of transfers as provided for in Article 69, or by making an across-the-board reduction in all individual quotas. The quotas in question shall retain their original purpose, i.e. deliveries or direct sales.

2.   Any additional quota allocated to a Member State shall automatically be placed in the national reserve and divided into deliveries and direct sales according to foreseeable needs.

3.   The quotas placed in the national reserve shall not have a reference fat content.

Article 65

Cases of inactivity

1.   When a natural or legal person holding individual quotas no longer meets the conditions referred to in point (c) of Article 58(1) during a twelve-month period, the corresponding quantities shall revert to the national reserve no later than 1 April of the following calendar year, unless that person becomes once again a producer within the meaning of point (c) of Article 58(1) before that date.

Where that person becomes once again a producer not later than the end of the second twelve-month period following withdrawal, all or part of the individual quota which had been withdrawn shall revert to that person no later than 1 April following the date of application.

2.   Where producers do not market a quantity equal to at least 85 % of their individual quota during at least one twelve-month period, Member States may decide whether and on what conditions all or part of the unused quota shall revert to the national reserve.

Member States may determine on what conditions a quota shall be re-allocated to the producer concerned should he resume marketing.

3.   Paragraphs 1 and 2 shall not apply in cases of force majeure and in duly justified cases temporarily affecting the production capacity of the producers concerned and recognised by the competent authority.

Article 66

Temporary transfers

1.   By the end of each twelve-month period, Member States shall authorise, for the period concerned, any temporary transfers of part of individual quotas which the producers who are entitled thereto do not intend to use.

Member States may regulate transfer operations according to the categories of producers or milk production structures concerned, may limit them to the level of the purchaser or within regions, authorise complete transfers in the cases referred to in Article 65(3) and determine to what extent the transferor can repeat transfer operations.

2.   Any Member State may decide not to implement paragraph 1 on the basis of one or both of the following criteria:

| (a) | the need to facilitate structural changes and adjustments; |
| --- | --- |

(a)

the need to facilitate structural changes and adjustments;

| (b) | overriding administrative needs. |
| --- | --- |

(b)

overriding administrative needs.

Article 67

Transfers of quotas together with land

1.   Individual quotas shall be transferred with the holding to the producers taking it over when it is sold, leased, transferred by actual or anticipated inheritance or any other means involving comparable legal effects for the producers, in accordance with detailed rules to be determined by the Member States, taking account of the areas used for dairy production or other objective criteria and, where applicable, of any agreement between the parties. The part of the quota which, where applicable, has not been transferred with the holding shall be added to the national reserve.

2.   Where quotas have been or are transferred in accordance with paragraph 1 by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are attributed solely to producers, that the quota shall not be transferred with the holding.

3.   Where land is transferred to the public authorities and/or for use in the public interest, or where the transfer is carried out for non-agricultural purposes, Member States shall ensure that the necessary measures are taken to protect the legitimate interests of the parties, and in particular, that producers giving up such land are in a position to continue milk production if they so wish.

4.   Where there is no agreement between the parties, in the case of tenancies due to expire without any possibility of renewal on similar terms, or in situations involving comparable legal effects, the individual quotas in question shall be transferred in whole or in part to the producer taking them over, in accordance with provisions adopted by the Member States, taking account of the legitimate interests of the parties.

Article 68

Special transfer measures

1.   With a view to successfully restructuring milk production or improving the environment, Member States may, in accordance with detailed rules which they shall lay down, taking account of the legitimate interests of the parties concerned:

| (a) | grant compensation in one or more annual instalments to producers who undertake to abandon permanently all or part of their milk production and place the individual quotas thus released in the national reserve; |
| --- | --- |

(a)

grant compensation in one or more annual instalments to producers who undertake to abandon permanently all or part of their milk production and place the individual quotas thus released in the national reserve;

| (b) | determine on the basis of objective criteria the conditions on which producers may obtain, in return for payment, at the beginning of a twelve-month period, the re-allocation by the competent authority or a body designated by that authority of individual quotas released definitively at the end of the preceding twelve-month period by other producers in return for compensation in one or more annual instalments equal to the abovementioned payment; |
| --- | --- |

(b)

determine on the basis of objective criteria the conditions on which producers may obtain, in return for payment, at the beginning of a twelve-month period, the re-allocation by the competent authority or a body designated by that authority of individual quotas released definitively at the end of the preceding twelve-month period by other producers in return for compensation in one or more annual instalments equal to the abovementioned payment;

| (c) | centralise and supervise transfers of quotas without land; |
| --- | --- |

(c)

centralise and supervise transfers of quotas without land;

| (d) | provide, in the case of land transferred with a view to improving the environment, for the individual quota concerned to be allocated to a producer giving up the land but wishing to continue milk production; |
| --- | --- |

(d)

provide, in the case of land transferred with a view to improving the environment, for the individual quota concerned to be allocated to a producer giving up the land but wishing to continue milk production;

| (e) | determine, on the basis of objective criteria, the regions or collection areas within which the permanent transfer of quotas without transfer of the corresponding land is authorised, with the aim of improving the structure of milk production; |
| --- | --- |

(e)

determine, on the basis of objective criteria, the regions or collection areas within which the permanent transfer of quotas without transfer of the corresponding land is authorised, with the aim of improving the structure of milk production;

| (f) | authorise, upon application by a producer to the competent authority or a body designated by that authority, the definitive transfer of quotas without transfer of the corresponding land, or vice versa, with the aim of improving the structure of milk production at the level of the holding or to allow for extensification of production. |
| --- | --- |

(f)

authorise, upon application by a producer to the competent authority or a body designated by that authority, the definitive transfer of quotas without transfer of the corresponding land, or vice versa, with the aim of improving the structure of milk production at the level of the holding or to allow for extensification of production.

2.   Paragraph 1 may be implemented at national level, at the appropriate territorial level or in specified collection areas.

Article 69

Retention of quotas

1.   In the case of transfers as referred to in Articles 67 and 68 Member States may, on the basis of objective criteria, retain part of the individual quotas for their national reserve.

2.   Where quotas have been or are transferred in accordance with Articles 67 and 68 with or without the corresponding land by means of rural leases or by other means involving comparable legal effects, Member States may decide, on the basis of objective criteria and with the aim of ensuring that quotas are attributed solely to producers, whether and under which conditions all or part of the transferred quota shall revert to the national reserve.

Article 70

Aid for the acquisition of quotas

No financial assistance linked directly to the acquisition of quotas may be granted by any public authority for the sale, transfer or allocation of quotas under this Section.

Subsection III

Quota overrun

Article 71

Surplus levy

1.   A surplus levy shall be payable on milk and other milk products marketed in excess of the national quota as established in accordance with Subsection II.

The levy shall be set, per 100 kilograms of milk, at EUR 27,83.

However, for the twelve-month periods starting on 1 April 2009 and 1 April 2010, the surplus levy for milk delivered in excess of 106 % of the national quota for deliveries applicable for the twelve-month period starting on 1 April 2008 shall be set at 150 % of the levy referred to in the second subparagraph.

2.   By way of derogation from the first subparagraph of paragraph 1, for the 12-month periods starting on 1 April 2009 and 1 April 2010 and as regards deliveries the surplus levy shall be payable on milk marketed in excess of the national quota as established in accordance with Subsection II and reduced by individual quotas for deliveries released into the national reserve in accordance with Article 68(1)(a) as from 30 November 2009 and kept therein until 31 March of the 12-month period concerned.

3.   Member States shall be liable to the Union for the surplus levy resulting from overruns of the national quota, determined nationally and separately for deliveries and direct sales, and between 16 October and 30 November following the twelve-month period concerned, shall pay 99 % of the amount due to the EAGF.

4.   The difference between the amount of the surplus levy resulting from the application of paragraph 2 and that resulting from the application of the first subparagraph of paragraph 1 shall be used by the Member State for financing restructuring measures in the dairy sector.

5.   If the surplus levy provided for in paragraph 1 has not been paid before the due date and after consultation of the Committee on the Agricultural Funds established by Regulation (EC) No 1290/2005, the Commission shall,
  after consulting the Committee on the Agricultural Funds established by Article 41(1) of Regulation (EC) No 1290/2005,
  deduct by means of implementing acts pursuant to Article 81(d) of this Regulation a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Articles 14 and 15(2) of
  that
  Regulation (EC) No 1290/2005. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. Article 17 of Regulation (EC) No 1290/2005 shall not apply. [Am. 10]

Article 72

Contribution of producers to the surplus levy due

The surplus levy shall be entirely allocated, in accordance with Articles 73 and 76, among the producers who have contributed to each of the overruns of the national quotas referred to in Article 59(2).

Without prejudice to Articles 73(2) and 76(1), producers shall be liable vis-à-vis the Member State for payment of their contribution to the surplus levy due, calculated in accordance with Articles 62, 63 and 73, for the mere fact of having overrun their available quotas.

For the 12-month periods starting on 1 April 2009 and 1 April 2010 and as regards the deliveries, the surplus levy shall be entirely allocated, in accordance with Articles 73 and 76, among the producers who have contributed to the overrun of the national quota as established by application of Article 71(2).

Article 73

Surplus levy on deliveries

1.   In order to draw up the definitive surplus levy statement, the quantities delivered by each producer shall be increased or reduced to reflect any difference between the real fat content and the reference fat content.

At national level, the surplus levy shall be calculated on the basis of the sum of the deliveries, adjusted in accordance with the first subparagraph.

2.   Each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to deliveries has or has not been re-allocated, in proportion to the individual quotas of each producer or according to objective criteria to be set by the Member States:

| (a) | either at national level on the basis of the amount by which each producer's quota has been exceeded; |
| --- | --- |

(a)

either at national level on the basis of the amount by which each producer's quota has been exceeded;

| (b) | or firstly at the level of the purchaser and thereafter at national level where appropriate. |
| --- | --- |

(b)

or firstly at the level of the purchaser and thereafter at national level where appropriate.

Where the third subparagraph of Article 71(1) applies, Member States, in establishing each producer's contribution to the amount of levy payable due to the application of the higher rate referred to in that subparagraph, shall ensure that this amount is contributed proportionately by the producers responsible according to objective criteria to be set by the Member State.

Article 74

Role of purchasers

1.   Purchasers shall be responsible for collecting from producers contributions due from the latter by virtue of the surplus levy and shall pay to the competent body of the Member State, before a date and following a procedure to be laid down by the Commission, by means of implementing acts pursuant to Article 81(d), (f) and (g), the amount of these contributions deducted from the price of the milk paid to the producers responsible for the overrun or, failing this, collected by any other appropriate means.

2.   Where a purchaser fully or partially replaces one or more other purchasers, the individual quotas available to the producers shall be taken into account for the remainder of the twelve-month period in progress, after deduction of quantities already delivered and account being taken of their fat content. This paragraph shall also apply where a producer transfers from one purchaser to another.

3.   Where, during the reference period, quantities delivered by a producer exceed that producer's available quota, the relevant Member State may decide that the purchaser shall deduct part of the price of the milk in any delivery by the producer concerned in excess of the quota, by way of an advance on the producer's contribution, in accordance with detailed rules laid down by the Member State. The Member State may make specific arrangements to enable purchasers to deduct this advance where producers deliver to several purchasers

Article 75

Approval

Purchaser status shall be subject to prior approval by the Member State in accordance with criteria to be laid by the Commission, by means of delegated acts pursuant to Article 80(1)(f).

Article 76

Surplus levy on direct sales

1.   In the case of direct sales, each producer's contribution to payment of the surplus levy shall be established by decision of the Member State, after any unused part of the national quota allocated to direct sales has or has not been re-allocated, at the appropriate territorial level or at national level.

2.   Member States shall establish the basis of calculation of the producer's contribution to the surplus levy due on the total quantity of milk sold, transferred or used to manufacture the milk products sold or transferred by applying criteria fixed by the Commission.

3.   No correction linked to fat content shall be taken into account for the purpose of drawing up the definitive surplus levy statement.

Article 77

Amounts paid in excess or unpaid

1.   Where, in the case of deliveries or direct sales, the surplus levy is found to be payable and the contribution collected from producers is greater than that levy, the Member State may:

| (a) | use partially or totally the excess to finance the measures in point (a) of Article 68(1), and/or |
| --- | --- |

(a)

use partially or totally the excess to finance the measures in point (a) of Article 68(1), and/or

| (b) | redistribute it partially or totally to producers who:






  (i) | fall within priority categories established by the Member State on the basis of objective criteria and within the period to be laid down by the Commission, or |
| --- | --- | --- |

(b)

redistribute it partially or totally to producers who:

(i)

fall within priority categories established by the Member State on the basis of objective criteria and within the period to be laid down by the Commission, or

| (ii) | are affected by an exceptional situation resulting from a national rule unconnected with the quota system for milk and other milk products set up by this Chapter. |
| --- | --- |

(ii)

are affected by an exceptional situation resulting from a national rule unconnected with the quota system for milk and other milk products set up by this Chapter.

2.   Where it is established that no surplus levy is payable, any advances collected by purchasers or the Member State shall be reimbursed no later than the end of the following twelve-month period.

3.   Where a purchaser does not meet the obligation to collect the producers' contribution to the surplus levy in accordance with Article 74, the Member State may collect unpaid amounts directly from the producer, without prejudice to any penalties it may impose upon the defaulting purchaser.

4.   Where a producer or a purchaser fails to comply with the time limit for payment, interest on arrears to be fixed by the Commission shall be paid to the Member State.

Section IV

Procedural rules concerning sugar and milk quotas

Subsection I

Procedural rules concerning sugar quotas

Article 78

Delegated powers

1.   In order to ensure that undertakings referred to in Article 51 comply with their obligations, the Commission may adopt, by means of delegated acts
  adopted in accordance with Article 321
  , rules on granting and withdrawal of approval of such undertakings
  and on modifying the dates laid down in Article 56,
  as well as the criteria for administrative penalties. [Am. 11]

2.   In order to take into account the specificities of the sugar sector and to ensure that the interests of all parties are duly taken into account, the Commission may lay down, by means of delegated acts
  adopted in accordance with Article 321
  , further definitions, including of

  relating to
  sugar, isoglucose and inulin syrup production, the production of an undertaking; and on the conditions governing sales to outermost regions.

3.   In order to ensure that the beet growers are closely associated with a decision to carry forward a certain quantity of production, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  lay down rules concerning carry forward of sugar.

Article 79

Implementing powers

With regard to undertakings referred to in Article 51, the Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , fix rules:

| (a) | concerning applications for approval by undertakings, the records to be kept by approved undertakings, the information to be submitted by approved undertakings; |
| --- | --- |

(a)

concerning applications for approval by undertakings, the records to be kept by approved undertakings, the information to be submitted by approved undertakings;

| (b) | concerning the system of checks to be carried out by Member States on approved undertakings; |
| --- | --- |

(b)

concerning the system of checks to be carried out by Member States on approved undertakings;

| (c) | on Member States communications to the Commission and to approved undertakings; |
| --- | --- |

(c)

on Member States communications to the Commission and to approved undertakings;

| (d) | on the delivery to undertakings of raw materials, including delivery contracts and delivery notes; |
| --- | --- |

(d)

on the delivery to undertakings of raw materials, including delivery contracts and delivery notes;

| (e) | concerning equivalence regarding sugar referred to in Article 54(a); |
| --- | --- |

(e)

concerning equivalence regarding sugar referred to in Article 54(a);

| (f) | for the specific supply regime for the outermost regions; |
| --- | --- |

(f)

for the specific supply regime for the outermost regions;

| (g) | regarding exports as referred to in Article 54(d); |
| --- | --- |

(g)

regarding exports as referred to in Article 54(d);

| (h) | on Member State cooperation to ensure effective checks; |
| --- | --- |

(h)

on Member State cooperation to ensure effective checks;

| (i) | modify the dates laid down in Article 56;
  [Am. 12] |
| --- | --- |

(i)

modify the dates laid down in Article 56;
  [Am. 12]

| (j) | for the establishment of the surplus quantity, the communications and payment of the surplus levy referred to in Article 57. |
| --- | --- |

(j)

for the establishment of the surplus quantity, the communications and payment of the surplus levy referred to in Article 57.

Subsection II

Procedural rules concerning milk quotas

Article 80

Delegated powers

1.   In order to ensure that the milk quota system achieves its objective, in particular the efficient utilisation of individual quota and the sound calculation, collection and utilisation of the levy, the Commission shall, by means of delegated acts
  in accordance with Article 321
  , adopt rules as regards:

| (a) | temporary and definitive conversions of quota; |
| --- | --- |

(a)

temporary and definitive conversions of quota;

| (b) | the methods for the calculation of the levy; |
| --- | --- |

(b)

the methods for the calculation of the levy;

| (c) | the reallocation of unused quota; |
| --- | --- |

(c)

the reallocation of unused quota;

| (d) | the threshold for the application of fat content correction; |
| --- | --- |

(d)

the threshold for the application of fat content correction;

| (e) | producer obligations to deliver to approved purchasers; |
| --- | --- |

(e)

producer obligations to deliver to approved purchasers;

| (f) | the approval of purchasers; |
| --- | --- |

(f)

the approval of purchasers;

| (g) | the objective criteria for the redistribution of the excess levy; |
| --- | --- |

(g)

the objective criteria for the redistribution of the excess levy;

| (h) | specific definitions relating to the operation of the system; |
| --- | --- |

(h)

specific definitions relating to the operation of the system;

| (i) | the adjustment of the definition of "direct sale", taking into account the definition of "delivery" given in point (f) of Article 58(1). |
| --- | --- |

(i)

the adjustment of the definition of "direct sale", taking into account the definition of "delivery" given in point (f) of Article 58(1).

2.   In order to ensure that operators and Member States respect their obligations, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | penalties in cases where producers or purchasers fail to respect their obligations, in particular in respect of time limits for payment of the levy, delivery to an approved purchaser, the reporting of deliveries and direct sales, the forwarding of incorrect statements or declarations, failing to keep up to date records; |
| --- | --- |

(a)

penalties in cases where producers or purchasers fail to respect their obligations, in particular in respect of time limits for payment of the levy, delivery to an approved purchaser, the reporting of deliveries and direct sales, the forwarding of incorrect statements or declarations, failing to keep up to date records;

| (b) | penalties to be applied on Member States who do not fulfil their obligations as laid down in Article 62(2). |
| --- | --- |

(b)

penalties to be applied on Member States who do not fulfil their obligations as laid down in Article 62(2).

Article 81

Implementing powers

The Commission shall adopt, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , all necessary rules including:

| (a) | definitive conversions of quota and division of national quota between deliveries and direct sales; |
| --- | --- |

(a)

definitive conversions of quota and division of national quota between deliveries and direct sales;

| (b) | establishment of coefficient for the individual quota fat content, fat content correction and recording of overrun of the national quota fat content; |
| --- | --- |

(b)

establishment of coefficient for the individual quota fat content, fat content correction and recording of overrun of the national quota fat content;

| (c) | establishment of milk equivalences; |
| --- | --- |

(c)

establishment of milk equivalences;

| (d) | time limit and the operative event for the applicable exchange rate regarding payment of the levy and for redistributing the excess levy, reduction of advances in cases where time limits fail to be respected; |
| --- | --- |

(d)

time limit and the operative event for the applicable exchange rate regarding payment of the levy and for redistributing the excess levy, reduction of advances in cases where time limits fail to be respected;

| (e) | applicable interest rates in cases of late payment, correct charge of the levy and use of the 1 % levy non-payable to the EAGF; |
| --- | --- |

(e)

applicable interest rates in cases of late payment, correct charge of the levy and use of the 1 % levy non-payable to the EAGF;

| (f) | informing producers of new definitions, communication of individual quota and notification of the levy; |
| --- | --- |

(f)

informing producers of new definitions, communication of individual quota and notification of the levy;

| (g) | communication of information on the application of arrangements for the levy in the milk sector; |
| --- | --- |

(g)

communication of information on the application of arrangements for the levy in the milk sector;

| (h) | drawing up of a statement of deliveries and declarations of direct sales; |
| --- | --- |

(h)

drawing up of a statement of deliveries and declarations of direct sales;

| (i) | obligations of purchasers and producers to draw up declarations, keep records and provide information; |
| --- | --- |

(i)

obligations of purchasers and producers to draw up declarations, keep records and provide information;

| (j) | checks on deliveries and direct sales. |
| --- | --- |

(j)

checks on deliveries and direct sales.

Section V

Production potential in the wine sector

Subsection I

Unlawful plantings

Article 82

Unlawful plantings planted after 31 August 1998

1.   Producers shall grub up at their own cost areas planted with vines without a corresponding planting right, where applicable, after 31 August 1998.

2.   Pending grubbing-up in accordance with paragraph 1, grapes and products made from grapes from areas referred to in that paragraph may be put into circulation only for the purposes of distillation at the exclusive expense of the producer. The products resulting from distillation may not be used in the preparation of alcohol having an actual alcoholic strength by 80 % volume or less.

3.   Without prejudice, where applicable, to earlier penalties imposed by Member States, Member States shall impose penalties on producers who have not complied with this grubbing-up obligation graduated according to the severity, extent and duration of the non-compliance.

4.   The end of the transitional ban on new plantings on 31 December 2015, as provided for in Article 89(1), shall not affect the obligations provided for in this Article.

Article 83

Obligatory regularisation of unlawful plantings planted before 1 September 1998

1.   Producers shall, against the payment of a fee and not later than 31 December 2009, regularise areas planted with vines without a corresponding planting right, where applicable, before 1 September 1998.

Without prejudice to any proceedings under clearance of accounts, the first subparagraph shall not apply to areas regularised on the basis of Article 2(3) of Council Regulation (EC) No 1493/1999 (18).

2.   The fee referred to in paragraph 1 shall be determined by Member States. It shall be equivalent to at least twice the average value of the corresponding planting right in the region concerned.

3.   Pending regularisation under paragraph 1, grapes or products made from grapes from areas referred to in that paragraph may be put into circulation only for the purpose of distillation at the exclusive expense of the producer. The products may not be used in the preparation of alcohol having an actual alcoholic strength of 80 % volume or less.

4.   Unlawful areas referred to in paragraph 1 which are not regularised in accordance with that paragraph by 31 December 2009 shall be grubbed up by the producers concerned at their own expense.

Member States shall impose penalties, graduated according to the severity, extent and duration of the non-compliance, on producers who do not comply with this grubbing-up obligation.

Pending the grubbing-up referred to in the first subparagraph, paragraph 3 shall apply mutatis mutandis.

5.   The end of the transitional ban on new plantings on 31 December 2015, as provided for in Article 89(1), shall not affect the obligations provided for in paragraphs 3 and 4.

Article 84

Verification of non-circulation or distillation

1.   In relation to Article 82(2) and Article 83(3) and (4), Member States shall require proof of non-circulation of the products concerned or, where the products concerned are distilled, the submission of distillation contracts.

2.   Member States shall verify non-circulation and distillation referred to in paragraph 1. They shall impose penalties in case of non-compliance.

3.   Member States shall notify the Commission of the areas subject to distillation and the corresponding volumes of alcohol.

Article 85

Accompanying measures

Areas referred to in the first subparagraph of Article 83(1), as long as they are not regularised and areas referred to in Article 82(1) shall not benefit from any national or Union support measures.

Article 86

Delegated powers

1.   In order to ensure that producers comply with their obligations under this Subsection, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt provisions concerning the non-circulation of products referred to in Article 84(1), and penalties that Member States may impose in case of non-compliance with the mentioned obligations.

2.   In order to ensure the efficient detection and elimination of unlawful plantings, the Commission may, by means of a delegated act, adopt rules to reduce the Union allocation for support measures in case of non-compliance by Member States with the obligation to communicate data on unlawful plantings.

Article 87

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary provisions regarding:

| (a) | communications by Member States; |
| --- | --- |

(a)

communications by Member States;

| (b) | the collection of additional information concerning Member States communications under Commission Regulation (EC) No 1227/2000 (19). |
| --- | --- |

(b)

the collection of additional information concerning Member States communications under Commission Regulation (EC) No 1227/2000 (19).

| (c) | checks to be undertaken by Member States and the reporting of information on such checks to the Commission. |
| --- | --- |

(c)

checks to be undertaken by Member States and the reporting of information on such checks to the Commission.

Subsection II

Transitional planting right regime

Article 88

Duration

This Subsection shall apply until 31 December 2015.

Article 89

Transitional prohibition on planting vines

1.   Without prejudice to Article 166 and in particular paragraph 4 thereof, the planting of vines of wine grape varieties classifiable according to Article 166(2) shall be prohibited.

2.   Grafting-on of wine grape varieties classifiable according to Article 166(2) to varieties other than wine grape varieties referred to in that Article shall also be prohibited.

3.   Notwithstanding paragraphs 1 and 2, plantings and grafting-on as referred to in those paragraphs shall be allowed if covered by:

| (a) | a new planting right, as provided for in Article 90; |
| --- | --- |

(a)

a new planting right, as provided for in Article 90;

| (b) | a replanting right, as provided for in Article 91; |
| --- | --- |

(b)

a replanting right, as provided for in Article 91;

| (c) | a planting right granted from a reserve, as provided for in Articles 92 and 93. |
| --- | --- |

(c)

a planting right granted from a reserve, as provided for in Articles 92 and 93.

4.   The planting rights referred to in paragraph 3 shall be granted in hectares.

5.   Member States may decide to maintain the prohibition referred to in paragraph 1 in their territory or parts of their territory until 31 December 2018 at the latest. In such cases the rules governing the transitional planting right regime as laid down in this Subsection, including this Article, shall apply accordingly in the given Member State.

Article 90

New planting rights

1.   Member States may grant new planting rights to producers in respect of areas:

| (a) | intended for new plantings carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national law; |
| --- | --- |

(a)

intended for new plantings carried out under measures for land consolidation or measures concerning compulsory purchases in the public interest adopted under national law;

| (b) | intended for experimental purposes; |
| --- | --- |

(b)

intended for experimental purposes;

| (c) | intended for graft nurseries; or |
| --- | --- |

(c)

intended for graft nurseries; or

| (d) | whose wine or vine products are intended solely for the consumption by the wine-grower’s household. |
| --- | --- |

(d)

whose wine or vine products are intended solely for the consumption by the wine-grower’s household.

2.   New planting rights granted shall be:

| (a) | exercised by the producer to whom they are granted; |
| --- | --- |

(a)

exercised by the producer to whom they are granted;

| (b) | used before the end of the second wine year after the one in which they were granted; |
| --- | --- |

(b)

used before the end of the second wine year after the one in which they were granted;

| (c) | used for the purposes for which they were granted. |
| --- | --- |

(c)

used for the purposes for which they were granted.

Article 91

Replanting rights

1.   Member States shall grant replanting rights to producers who have grubbed up an area planted with vines.

However, grubbed-up areas for which a grubbing-up premium has been granted in accordance with Subsection III of Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 shall not generate replanting rights.

2.   Member States may grant replanting rights to producers who undertake to grub up an area planted with vines. In such cases, the grubbing-up of the pledged area shall be carried out at the latest at the end of the third year after which new vines for which the replanting rights had been granted have been planted.

3.   Replanting rights granted shall correspond to the equivalent of the grubbed-up area in terms of pure crop.

4.   Replanting rights shall be exercised on the holding in respect of which they were granted. Member States may further stipulate that such replanting rights may be exercised only on the area where the grubbing-up was carried out.

5.   By way of derogation from paragraph 4, Member States may decide that replanting rights may be transferred, in whole or in part, to another holding in the same Member State in the following cases:

| (a) | part of the holding concerned is transferred to that other holding; |
| --- | --- |

(a)

part of the holding concerned is transferred to that other holding;

| (b) | areas on that other holding are intended for:






  (i) | the production of wines with a protected designation of origin or a protected geographical indication; or |
| --- | --- | --- |

(b)

areas on that other holding are intended for:

(i)

the production of wines with a protected designation of origin or a protected geographical indication; or

| (ii) | the cultivation of graft nurseries. |
| --- | --- |

(ii)

the cultivation of graft nurseries.

Member States shall ensure that the application of the derogation provided for in the first subparagraph does not lead to an overall increase in production potential on their territory, in particular when transfers are made from non-irrigated to irrigated areas.

6.   Paragraphs 1 to 5 shall apply mutatis mutandis to rights similar to replanting rights acquired under prior Union or national legislation.

7.   Replanting rights granted under Article 4(5) of Regulation (EC) No 1493/1999 shall be used within the periods provided for therein.

Article 92

National and regional reserve of planting rights

1.   In order to improve management of the production potential, Member States shall create a national reserve or regional reserves of planting rights.

2.   Member States which have established national or regional reserves of planting rights under Regulation (EC) No 1493/1999 may maintain those reserves as long as they apply the transitional planting right regime in accordance with this Subsection.

3.   The following planting rights shall be allocated to national or regional reserves if they are not used within the prescribed period:

| (a) | new planting rights; |
| --- | --- |

(a)

new planting rights;

| (b) | replanting rights; |
| --- | --- |

(b)

replanting rights;

| (c) | planting rights granted from the reserve. |
| --- | --- |

(c)

planting rights granted from the reserve.

4.   Producers may transfer replanting rights to national or regional reserves. The conditions of such transfer, where necessary in return for a payment from national funds, shall be determined by the Member States taking into account the legitimate interests of the parties.

5.   By way of derogation from paragraph 1, Member States may decide not to implement a reserve system provided that they can prove that an effective alternative system for managing planting rights exists throughout their territory. The alternative system may, where necessary, derogate from the relevant provisions of this Subsection.

The first subparagraph shall also apply to Member States which cease the operation of national or regional reserves under Regulation (EC) No 1493/1999.

Article 93

Granting planting rights from the reserve

1.   Member States may grant rights from a reserve:

| (a) | without payment, to producers who are under 40 years of age, who possess adequate occupational skills and competences, who are setting up for the first time and who are established as the head of the holding; |
| --- | --- |

(a)

without payment, to producers who are under 40 years of age, who possess adequate occupational skills and competences, who are setting up for the first time and who are established as the head of the holding;

| (b) | against payment into national or, if appropriate, regional funds, to producers who intend to use the rights to plant vineyards the production of which has an assured outlet. |
| --- | --- |

(b)

against payment into national or, if appropriate, regional funds, to producers who intend to use the rights to plant vineyards the production of which has an assured outlet.

Member States shall define the criteria for setting the amounts of the payment referred to in point (b) of the first subparagraph, which may vary depending on the final intended product of the vineyards concerned and on the residual transitional period during which the prohibition on new plantings, as provided for in Article 89(1) and (2), applies.

2.   Where planting rights granted from a reserve are used, Member States shall ensure that:

| (a) | the location and the varieties and the cultivation techniques used guarantee that the subsequent production is adapted to market demand; |
| --- | --- |

(a)

the location and the varieties and the cultivation techniques used guarantee that the subsequent production is adapted to market demand;

| (b) | the yields concerned are typical of the average in the region, in particular where planting rights originating in non-irrigated areas are used in irrigated areas. |
| --- | --- |

(b)

the yields concerned are typical of the average in the region, in particular where planting rights originating in non-irrigated areas are used in irrigated areas.

3.   Planting rights granted from a reserve which are not used before the end of the second wine year after the one in which they were granted shall be forfeited and re-allocated to the reserve.

4.   Planting rights in a reserve which are not disbursed before the end of the fifth wine year following their allocation to the reserve shall be extinguished.

5.   If regional reserves exist in a Member State, the Member State may lay down rules permitting the transfer of planting rights between regional reserves. If both regional and national reserves exist in a Member State, the Member State may also allow for transfers between those reserves.

Transfers may be subject to a reduction coefficient.

Article 94

De minimis

This Subsection shall not apply in Member States where the Community planting right regime did not apply by 31 December 2007.

Article 95

Stricter national rules

Member States may adopt stricter national rules in respect of the award of new planting rights or replanting rights. They may require that the respective applications and the relevant information to be supplied therein be supplemented by additional information necessary for monitoring the development of production potential.

Article 96

Delegated powers

1.   In order to avoid an increase in production potential the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  ,

| (a) | establish a list of situations in which grubbing-up does not generate replanting rights; |
| --- | --- |

(a)

establish a list of situations in which grubbing-up does not generate replanting rights;

| (b) | adopt rules concerning transfers of planting rights between the reserves; |
| --- | --- |

(b)

adopt rules concerning transfers of planting rights between the reserves;

| (c) | prohibit the marketing

  adopt provisions on
  wine or vine products intended solely for consumption by a vine grower's family. [Am. 13] |
| --- | --- |

(c)

prohibit the marketing

  adopt provisions on
  wine or vine products intended solely for consumption by a vine grower's family. [Am. 13]

2.   In order to provide for an equal treatment of producers that engage in grubbing-up, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules to ensure effectiveness of grubbing-up where replanting rights are granted.

3.   In order to protect Union funds and the identity, provenance and quality of Union wine, the Commission may by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | provide for the establishment of an analytical databank of isotopic data that will help detect fraud to be constructed on the basis of samples collected by Member States; and for rules on the Member States' own databanks; |
| --- | --- |

(a)

provide for the establishment of an analytical databank of isotopic data that will help detect fraud to be constructed on the basis of samples collected by Member States; and for rules on the Member States' own databanks;

| (b) | adopt rules on control bodies and the mutual assistance between them; |
| --- | --- |

(b)

adopt rules on control bodies and the mutual assistance between them;

| (c) | adopt rules on the common use of Member States' findings; |
| --- | --- |

(c)

adopt rules on the common use of Member States' findings;

| (d) | adopt rules on the treatment of sanctions in the case of exceptional circumstances. |
| --- | --- |

(d)

adopt rules on the treatment of sanctions in the case of exceptional circumstances.

Article 97

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Subsection, including rules on:

| (a) | granting of new planting rights including recording and communication obligations; |
| --- | --- |

(a)

granting of new planting rights including recording and communication obligations;

| (b) | the transfer of replanting rights, including a reduction coefficient; |
| --- | --- |

(b)

the transfer of replanting rights, including a reduction coefficient;

| (c) | records to be kept by the Member States and notifications to the Commission, including a possible choice of a reserve system; |
| --- | --- |

(c)

records to be kept by the Member States and notifications to the Commission, including a possible choice of a reserve system;

| (d) | granting planting rights from the reserve; |
| --- | --- |

(d)

granting planting rights from the reserve;

| (e) | checks to be undertaken by Member States and the reporting of information on such checks to the Commission; |
| --- | --- |

(e)

checks to be undertaken by Member States and the reporting of information on such checks to the Commission;

| (f) | the communication by Member States of an intention to apply Article 89(5) on their territory. |
| --- | --- |

(f)

the communication by Member States of an intention to apply Article 89(5) on their territory.

Subsection III

Marketing rules to improve and stabilise the operation of the common market in wines

Article 98

Marketing rules to improve and stabilise the operation of the common market in wines

1.   In order to improve and stabilise the operation of the common market in wines, including the grapes, musts and wines from which they derive, producer Member States may lay down marketing rules to regulate supply, particularly by way of decisions taken by the inter-branch organisations referred to in Articles 210(3) and 227.

Such rules shall be proportionate to the objective pursued and shall not:

| (a) | relate to any transaction after the first marketing of the produce concerned; |
| --- | --- |

(a)

relate to any transaction after the first marketing of the produce concerned;

| (b) | allow for price fixing, including where prices are set for guidance or recommendation; |
| --- | --- |

(b)

allow for price fixing, including where prices are set for guidance or recommendation;

| (c) | render unavailable an excessive proportion of the vintage that would otherwise be available; |
| --- | --- |

(c)

render unavailable an excessive proportion of the vintage that would otherwise be available;

| (d) | provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules. |
| --- | --- |

(d)

provide scope for refusing to issue the national and Union certificates required for the circulation and marketing of wines where such marketing is in accordance with those rules.

2.   The rules referred to in paragraph 1 must be brought to the attention of operators by publication in extenso in an official publication of the Member State concerned.

3.   The reporting obligation referred to in Article 227(3) shall also apply in respect of the decisions or actions taken by the Member States in accordance with this Article.

CHAPTER IV

Aid schemes

Section I

Production refund in the sugar sector

Article 99

Production refund

1.   A production refund may be granted on the products of the sugar-sector listed in points (b) to (e) of Part III of Annex I if surplus sugar or imported sugar, surplus isoglucose or surplus inulin syrup is not available at a price corresponding to the world price for the manufacturing of the products referred to in Article 55(2)(b) and (c).

2.   Measures on the fixing of The production refund referred to in paragraph 1 shall be taken by the Council in accordance with Article 43(3) of the Treaty.

  fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account, in particular:

| (a) | the costs arising from the use of imported sugar that the industry would have to bear in the event of supply from the world market; and |
| --- | --- |

(a)

the costs arising from the use of imported sugar that the industry would have to bear in the event of supply from the world market; and

| (b) | the price of surplus sugar available on the Union market or, if there is no surplus sugar on that market, the reference price for sugar set out in point (c) of Article 8(1). [Am. 14] |
| --- | --- |

(b)

the price of surplus sugar available on the Union market or, if there is no surplus sugar on that market, the reference price for sugar set out in point (c) of Article 8(1). [Am. 14]

Article 100

Conditions for granting

In order to take into account the specificities of the out of quota sugar market in the Union, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the conditions for the granting of the production refunds referred to in this Section.

Section II

Aids in the milk and milk products sector

Subsection I

Aid for special use

Article 101

Aid for skimmed milk and skimmed milk powder for use as feedingstuffs

1.   When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, the Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide that aid shall be granted for Union-produced skimmed milk and skimmed-milk powder intended for use as feedingstuffs according to conditions and product standards to be determined by the Commission by means of delegated acts pursuant to Article 103.

For the purposes of this Article, buttermilk and buttermilk powder shall be regarded as skimmed milk and skimmed-milk powder.

2.   Measures on the fixing of The aid amounts
  referred to in paragraph 1
  shall be taken by the Council in accordance with Article 43(3) of the Treaty.

  fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the reference price for skimmed milk powder fixed in point (e)(ii) of Article 8(1), and the development of the market situation as regards skimmed milk and skimmed milk powder
  .
  Account shall be taken of the need for measures to support agricultural products from the outermost regions and of the the changes brought about by this Regulation. [Am. 15]

Article 102

Aid for skimmed milk processed into casein and caseinates

1.   When surpluses of milk products build up or are likely to occur, creating or likely to create a serious imbalance in the market, the Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide that aid shall be granted for Union-produced skimmed milk processed into casein and caseinates, according to conditions and product standards of such milk and the casein or caseinates produced from it to be determined by the Commission by means of delegated acts pursuant to Article 103.

2.   Measures on the fixing of The aid amounts
  referred to in paragraph 1
  shall be taken by the Council in accordance with Article 43(3) of the Treaty.

  fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the reference price for skimmed milk powder set out in point (e)(ii) of Article 8(1), and the development of the market situation as regards skimmed milk and skimmed milk powder.

The aid referred to in the first subparagraph may be varied by the Commission, depending on whether the skimmed milk is processed into casein or caseinates and on the quality of those products. [Am. 16]

Article 103

Delegated powers

1.   In order to ensure that the objectives of aids referred to in Articles 101 and 102 are achieved, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , define the products that may benefit from those aids and establish conditions and standards relating to the use of the products and the approval, and withdrawal of approval, of undertakings using the products for the purposes of claiming the aid.

2.   In order to ensure that the skimmed milk and the skimmed milk powder for which aid is granted as provided for in Articles 101 and 102 are used for the intended purpose, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , determine the records that undertakings must keep.

3.   In order to ensure that operators respect their obligations, the Commission, by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | shall require the lodging of a security in the event that an advance of aid is paid and where operators participate in tendering procedures for the purchase of skimmed milk powder from public intervention; |
| --- | --- |

(a)

shall require the lodging of a security in the event that an advance of aid is paid and where operators participate in tendering procedures for the purchase of skimmed milk powder from public intervention;

| (b) | may introduce penalties in cases where operators do not comply with the scheme rules or the amount of aid claimed and paid is higher than is due. |
| --- | --- |

(b)

may introduce penalties in cases where operators do not comply with the scheme rules or the amount of aid claimed and paid is higher than is due.

Article 104

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary measures related to Articles 101 and 102, and in particular determine:

| (a) | the adjustments to be made to the aid rate based on the quality of the skimmed milk used; |
| --- | --- |

(a)

the adjustments to be made to the aid rate based on the quality of the skimmed milk used;

| (b) | the packaging requirements, the information to be contained on packages, the requirements for products moved in bulk; |
| --- | --- |

(b)

the packaging requirements, the information to be contained on packages, the requirements for products moved in bulk;

| (c) | requirements for the delivery of the feedingstuffs; |
| --- | --- |

(c)

requirements for the delivery of the feedingstuffs;

| (d) | checks and inspections to be undertaken by Member States and the analytical tests to be used; |
| --- | --- |

(d)

checks and inspections to be undertaken by Member States and the analytical tests to be used;

| (e) | the procedures for applications, claims and paying aid; |
| --- | --- |

(e)

the procedures for applications, claims and paying aid;

| (f) | the procedures applying where skimmed milk powder is released from public intervention for use as a feedingstuff. |
| --- | --- |

(f)

the procedures applying where skimmed milk powder is released from public intervention for use as a feedingstuff.

Subsection II

Conditions for production of cheese

Article 105

Use of casein and caseinates in the manufacture of cheese

1.   Where aid is paid under Article 102, the use of casein and caseinates in the manufacture of cheese may be subject to prior authorisation which shall be granted only if such use is a necessary condition for the manufacture of the products.

2.   For the purposes of this Subsection:

| (a) | ‘cheese’ means products covered by CN code 0406 and manufactured within the Union territory; |
| --- | --- |

(a)

‘cheese’ means products covered by CN code 0406 and manufactured within the Union territory;

| (b) | ‘casein and caseinates’ means products covered by CN codes 3501 10 90 and 3501 90 90 and used as such or in the form of a mixture. |
| --- | --- |

(b)

‘casein and caseinates’ means products covered by CN codes 3501 10 90 and 3501 90 90 and used as such or in the form of a mixture.

Article 106

Delegated powers

In order to ensure that the objectives of the aid referred to in Article 102 are achieved, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules:

| (a) | making the use of casein and caseinates referred to in Article 105 subject to prior authorisation; |
| --- | --- |

(a)

making the use of casein and caseinates referred to in Article 105 subject to prior authorisation;

| (b) | restricting the use of casein and caseinates to the maximum percentage of casein and caseinates to be incorporated in cheese on the basis of objective criteria having regard to what is technologically necessary; |
| --- | --- |

(b)

restricting the use of casein and caseinates to the maximum percentage of casein and caseinates to be incorporated in cheese on the basis of objective criteria having regard to what is technologically necessary;

| (c) | establishing penalties for use of casein and caseinates without authorisation. |
| --- | --- |

(c)

establishing penalties for use of casein and caseinates without authorisation.

Article 107

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures as regards the use of casein and caseinates referred to in Article 105, including in particular:

| (a) | the conditions according to

  rules in accordance with
  which the Member States shall grant the authorisations as regards the use of casein and caseinates
  and rules relating to the duration and content of the authorisations and to the products which they may cover
  ; [Am. 17] |
| --- | --- |

(a)

the conditions according to

  rules in accordance with
  which the Member States shall grant the authorisations as regards the use of casein and caseinates
  and rules relating to the duration and content of the authorisations and to the products which they may cover
  ; [Am. 17]

| (b) | the

  declaration and account keeping
  obligations to be respected by the undertakings authorised in accordance with point (a); [Am. 17] |
| --- | --- |

(b)

the

  declaration and account keeping
  obligations to be respected by the undertakings authorised in accordance with point (a); [Am. 17]

| (c) | checks and inspections to be undertaken by Member States and the records to be kept. |
| --- | --- |

(c)

checks and inspections to be undertaken by Member States and the records to be kept.

Subsection III

Aid for the supply of milk products to pupils

Article 108

Supply of milk products to pupils

1.   Union aid shall be granted for supplying to pupils in educational establishments certain processed milk products falling within CN codes 0401, 0403, 0404 90 and 0406 or CN code 2202 90.

2.   Member States may, in addition to Union aid provided for in paragraph 1, grant national aid for supplying the products referred to in paragraph 1 to pupils in educational establishments. Member States may finance their national aid by means of a levy on the dairy sector or by any other contribution from the dairy sector.

3.   Measures on fixing the Union aid for all milk shall be taken by the Council in accordance with Article 43(3) of the Treaty.

  adopted by the Commission, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), taking into account the need to sufficiently encourage the supply of milk products to educational establishments.

Aid amounts for eligible milk products other than milk shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the milk components of the product concerned. [Am. 18]

4.   The Union aid provided for in paragraph 1 shall be granted on a maximum quantity of 0,25 litre of milk equivalent per pupil and per day.

Article 109

Delegated powers

1.   In order to take account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market, the Commission shall, by means of delegated acts
  adopted in accordance with Article 321
  , determine the products referred to in Article 108(1).

2.   In order to ensure that the appropriate beneficiaries and applicants qualify for the aid referred to in Article 108(1), the Commission shall, by means of delegated acts,
  in accordance with Article 321
  , adopt the conditions for granting aid.

In order to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts,
  in accordance with Article 321
  , adopt measures to prevent fraud and irregularities including:

| (a) | the suspension of the right to participate in the aid scheme, |
| --- | --- |

(a)

the suspension of the right to participate in the aid scheme,

| (b) | the lodging of a security guaranteeing the execution where an advance of aid is paid. and |
| --- | --- |

(b)

the lodging of a security guaranteeing the execution where an advance of aid is paid. and

| (c) | the application of penalties to deter fraudulent behaviour. [Am. 19] |
| --- | --- |

(c)

the application of penalties to deter fraudulent behaviour. [Am. 19]

3.   In order to ensure that the aid is reflected in the price at which products are made available under the aid scheme, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , provide for rules on the establishment of price monitoring under the aid scheme.

4.   In order to promote awareness of the aid scheme, the Commission may, by means of delegated acts, require educational establishments to communicate the subsidising role of the Union.

Article 110

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures as regards, in particular:

| (a) | the maximum quantity eligible for the aid; |
| --- | --- |

(a)

the maximum quantity eligible for the aid;

| (b) | management of price monitoring pursuant to Article 109(3); |
| --- | --- |

(b)

management of price monitoring pursuant to Article 109(3);

| (c) | approval of applicants, aid applications and payments; |
| --- | --- |

(c)

approval of applicants, aid applications and payments;

| (d) | checks; |
| --- | --- |

(d)

checks;

| (e) | the methods of publicising the scheme; |
| --- | --- |

(e)

the methods of publicising the scheme;

| (f) | notification of information to the Commission. |
| --- | --- |

(f)

notification of information to the Commission.

Section IV

Aids in the hops sector

Article 111

Aids to producer organisations

1.   The Union shall finance a payment to producer organisations in the hops sector recognised in accordance with Article 209 to finance the aims referred to in that Article.

2.   The Union financing per year for the payment to producer organisations provided for in paragraph 1 shall be EUR 2 277 000 for Germany.

Article 112

Delegated powers

In order to ensure that the aids finance the aims referred to in Article 209, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | aid applications, including rules on deadlines and accompanying documents; |
| --- | --- |

(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; |
| --- | --- |

(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. |
| --- | --- |

(c)

sanctions to be applied in the case of undue payment.

Article 113

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary measures related to this Section concerning:

| (a) | the payment of aid; |
| --- | --- |

(a)

the payment of aid;

| (b) | checks and inspections. |
| --- | --- |

(b)

checks and inspections.

Section V

Aids in the olive oil and table olives sector

Article 114

Aids to operator organisations

1.   The Union shall finance three-year work programmes to be drawn up by the operator organisations as defined in Article 212 in one or more of the following areas:

| (a) | the market follow-up and administrative management in the olive oil and table olives sector; |
| --- | --- |

(a)

the market follow-up and administrative management in the olive oil and table olives sector;

| (b) | the improvement of the environmental impacts of olive cultivation; |
| --- | --- |

(b)

the improvement of the environmental impacts of olive cultivation;

| (c) | the improvement of the production quality of olive oil and table olives; |
| --- | --- |

(c)

the improvement of the production quality of olive oil and table olives;

| (d) | 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; |
| --- | --- |

(d)

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;

| (e) | the dissemination of information on the activities carried out by operator organisations with the aim of improving the quality of olive oil. |
| --- | --- |

(e)

the dissemination of information on the activities carried out by operator organisations with the aim of improving the quality of olive oil.

2.   The Union financing per year of the work programmes shall be:

| (a) | EUR 11 098 000 for Greece; |
| --- | --- |

(a)

EUR 11 098 000 for Greece;

| (b) | EUR 576 000 for France; and |
| --- | --- |

(b)

EUR 576 000 for France; and

| (c) | EUR 35 991 000 for Italy. |
| --- | --- |

(c)

EUR 35 991 000 for Italy.

3.   The maximum Union funding for the work programmes referred to in paragraph 1 shall be equal to the part of the amounts withheld by the Member States. This funding shall concern the eligible cost with a maximum of:

| (a) | 100 % for activities in the areas referred to in points (a) and (b) of paragraph 1; |
| --- | --- |

(a)

100 % for activities in the areas referred to in points (a) and (b) of paragraph 1;

| (b) | 100 % for fixed assets investments and 75 % for other activities in the area referred to in point (c) of paragraph 1; |
| --- | --- |

(b)

100 % for fixed assets investments and 75 % for other activities in the area referred to in point (c) 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 points (d) and (e) 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 (d) and (e) 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.

4.   Without prejudice to any specific provisions which may be adopted by the Commission pursuant to Article 318, Member States shall verify that the conditions for granting Union funding are met. To that end, they shall carry out an audit of work programmes and a plan involving checks on a sample determined on the basis of a risk analysis and comprising at least 30 % per year of producer organisations and all the other operators' organisations in receipt of Union funding under this Article.

Article 115

Delegated powers

1.   In order to ensure that the aids provided for in Article 114 meet their objectives of improving the production quality of olive oil and table olives, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | the conditions for the approval of operator organisations, and for the suspension or withdrawal of such approval; |
| --- | --- |

(a)

the conditions for the approval of operator organisations, and for the suspension or withdrawal of such approval;

| (b) | the measures eligible for Union financing; |
| --- | --- |

(b)

the measures eligible for Union financing;

| (c) | the allocation of Union financing to particular measures; |
| --- | --- |

(c)

the allocation of Union financing to particular measures;

| (d) | the activities and costs that are not eligible for Union financing; |
| --- | --- |

(d)

the activities and costs that are not eligible for Union financing;

| (e) | the selection and approval of work programmes. |
| --- | --- |

(e)

the selection and approval of work programmes.

2.   In order to ensure that operators respect their obligations, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , require:

| (a) | the lodging of a security where an advance of aid is paid; |
| --- | --- |

(a)

the lodging of a security where an advance of aid is paid;

| (b) | sanctions to be applied in the event of irregularities being discovered. |
| --- | --- |

(b)

sanctions to be applied in the event of irregularities being discovered.

Article 116

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary measures related to this Section concerning:

| (a) | the monitoring of programme expenditure; |
| --- | --- |

(a)

the monitoring of programme expenditure;

| (b) | the undertaking of work programmes and amendments to such programmes; |
| --- | --- |

(b)

the undertaking of work programmes and amendments to such programmes;

| (c) | the payment of aid, including advances of aid; |
| --- | --- |

(c)

the payment of aid, including advances of aid;

| (d) | reporting by beneficiaries on work programmes; |
| --- | --- |

(d)

reporting by beneficiaries on work programmes;

| (e) | checks and inspections; |
| --- | --- |

(e)

checks and inspections;

| (f) | reporting by Member States to the Commission. |
| --- | --- |

(f)

reporting by Member States to the Commission.

Section VI

Aids in the fruit and vegetables sector

Subsection I

Producer groups

Article 117

Aid to producer groups

1.   During the transitional period allowed pursuant to Article 217, Member States may grant to producer groups in the fruit and vegetables sector which have been formed in view of being recognised as a producer organisation:

| (a) | aid to encourage their formation and facilitate their administrative operation; |
| --- | --- |

(a)

aid to encourage their formation and facilitate their administrative operation;

| (b) | aid, provided either directly or through credit institutions, to cover part of the investments required to attain recognition and set out in the recognition plan referred to in the third subparagraph of Article 217(1). |
| --- | --- |

(b)

aid, provided either directly or through credit institutions, to cover part of the investments required to attain recognition and set out in the recognition plan referred to in the third subparagraph of Article 217(1).

2.   The aid referred to in paragraph 1 shall be reimbursed by the Union in accordance with rules on the financing of such aids, including the thresholds and ceilings and the degree of Union financing, to be adopted by the Commission by means of delegated acts pursuant to Article 118.

3.   The aid referred to in paragraph 1(a) shall be determined for each producer group on the basis of its marketed production and shall amount, for the first, second, third, fourth and fifth years, to:

| (a) | 10 %, 10 %, 8 %, 6 % and 4 % respectively of the value of marketed production in the Member States which acceded to the European Union on 1 May 2004 or thereafter; and |
| --- | --- |

(a)

10 %, 10 %, 8 %, 6 % and 4 % respectively of the value of marketed production in the Member States which acceded to the European Union on 1 May 2004 or thereafter; and

| (b) | 5 %, 5 %, 4 %, 3 % and 2 %, respectively of the value of marketed production in the outermost regions of the Union as referred to in Article 349 of the Treaty or in the smaller Aegean Islands as referred to in Article 1(2) of Council Regulation (EC) No 1405/2006 (20). |
| --- | --- |

(b)

5 %, 5 %, 4 %, 3 % and 2 %, respectively of the value of marketed production in the outermost regions of the Union as referred to in Article 349 of the Treaty or in the smaller Aegean Islands as referred to in Article 1(2) of Council Regulation (EC) No 1405/2006 (20).

Those percentage rates may be reduced in relation to the value of marketed production which exceeds a threshold. A ceiling may be applied to the aid payable in any given year to a producer group.

Article 118

Delegated powers

In order to ensure an efficient and targeted use of support to producer groups in the fruit and vegetables sector, the Commission shall, by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | the financing of recognition plans of a producer group; |
| --- | --- |

(a)

the financing of recognition plans of a producer group;

| (b) | the thresholds and ceilings for aid and the degree of Union co-financing; |
| --- | --- |

(b)

the thresholds and ceilings for aid and the degree of Union co-financing;

| (c) | the basis for the calculation of the aid, including the value of the marketed production of a producer group; |
| --- | --- |

(c)

the basis for the calculation of the aid, including the value of the marketed production of a producer group;

| (d) | the eligibility of producer groups; |
| --- | --- |

(d)

the eligibility of producer groups;

| (e) | the main activities of a producer group; |
| --- | --- |

(e)

the main activities of a producer group;

| (f) | the content, submission and approval of recognition plans; |
| --- | --- |

(f)

the content, submission and approval of recognition plans;

| (g) | the conditions under which producer groups may request changes to recognition plans; |
| --- | --- |

(g)

the conditions under which producer groups may request changes to recognition plans;

| (h) | aid for investments; |
| --- | --- |

(h)

aid for investments;

| (i) | mergers of producer groups and continuance of aid. |
| --- | --- |

(i)

mergers of producer groups and continuance of aid.

Article 119

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Subsection regarding:

| (a) | aid applications, including payments of aid; |
| --- | --- |

(a)

aid applications, including payments of aid;

| (b) | the implementation of recognition plans; |
| --- | --- |

(b)

the implementation of recognition plans;

| (c) | the consequences of

  payment of aid following
  recognition. [Am. 20] |
| --- | --- |

(c)

the consequences of

  payment of aid following
  recognition. [Am. 20]

Subsection II

Operational funds and operational programmes

Article 120

Operational funds

1.   Producer organisations in the fruit and vegetables sector may set up an operational fund. The fund shall be financed by:

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

(a)

financial contributions of members or of the producer organisation itself;

| (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 to be adopted by the Commission pursuant to Articles 126 and 127. |
| --- | --- |

(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 to be adopted by the Commission pursuant to Articles 126 and 127.

2.   Operational funds shall be used only to finance operational programmes approved by Member States in accordance with Article 125.

Article 121

Operational programmes

1.   Operational programmes in the fruit and vegetables sector shall have two or more of the objectives referred to in Article 209(c) or of the following objectives:

| (a) | planning of production; |
| --- | --- |

(a)

planning of production;

| (b) | improvement of product quality; |
| --- | --- |

(b)

improvement of product quality;

| (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 and methods of production respecting the environment, including organic farming;

| (f) | crisis prevention and management. |
| --- | --- |

(f)

crisis prevention and management.

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

| (a) | market withdrawal; |
| --- | --- |

(a)

market withdrawal;

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

(b)

green harvesting or non-harvesting of fruit and vegetables;

| (c) | promotion and communication; |
| --- | --- |

(c)

promotion and communication;

| (d) | training measures; |
| --- | --- |

(d)

training measures;

| (e) | harvest insurance; |
| --- | --- |

(e)

harvest insurance;

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

(f)

support for the administrative costs of setting up mutual funds.

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

In order to finance crisis prevention and management measures, producer organisations may take out loans on commercial terms. In this case, the repayment of the capital and interest on those loans may form part of the operational programme and so may be eligible for Union financial assistance under Article 122. Any specific action under crisis prevention and management shall be financed either by such loans, or directly, but not both.

3.   Member States shall provide that:

| (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 set out in the first subparagraph of Article 39(3) of Regulation (EC) No 1698/2005.

Where at least 80 % of the producer members of a producer organisation are subject to one or more identical agri-environment commitments under that provision then each one of those commitments shall count as an environmental action as referred to in point (a) of the first subparagraph.

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

4.   Paragraph 3 shall only apply in Bulgaria and Romania from 1 January 2011.]

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

Article 122

Union financial assistance

1.   The Union financial assistance shall be equal to the amount of the financial contributions referred to in Article 120(1)(a) as actually paid but limited to 50 % of the actual expenditure incurred.

2.   The Union financial assistance shall be capped at 4,1 % of the value of the marketed production of each producer organisation.

However, that percentage may be increased to 4,6 % of the value of the marketed production provided that the amount in excess of 4,1 % of the value of the marketed production is used solely for crisis prevention and management measures.

3.   At the request of a producer organisation, the percentage provided for in paragraph 1 shall be 60 % for an operational programme or part of an operational programme where it meets at least one of the following conditions:

| (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 (21); |
| --- | --- |

(c)

it covers solely specific support for the production of organic products covered by Council Regulation (EC) No 834/2007 (21);

| (d) | it is submitted by a producer organisation in one of the Member States which acceded to the European Union on 1 May 2004 or thereafter for measures running no later than the end of 2013; |
| --- | --- |

(d)

it is submitted by a producer organisation in one of the Member States which acceded to the European Union on 1 May 2004 or thereafter for measures running no later than the end of 2013;

| (e) | it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation; |
| --- | --- |

(e)

it is the first to be submitted by a recognised producer organisation which has merged with another recognised producer organisation;

| (f) | it is the first to be submitted by a recognised association of producer organisations; |
| --- | --- |

(f)

it is the first to be submitted by a recognised association of producer organisations;

| (g) | 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 producer organisations in Member States where producer organisations market less than 20 % of fruit and vegetables production;

| (h) | it is submitted by a producer organisation in one of the outermost regions of the Union; |
| --- | --- |

(h)

it is submitted by a producer organisation in one of the outermost regions of the Union;

| (i) | it covers solely specific support for actions to promote the consumption of fruit and vegetables targeted at children in educational establishments. |
| --- | --- |

(i)

it covers solely specific support for actions to promote the consumption of fruit and vegetables targeted at children in educational establishments.

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

| (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 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.

Article 123

National financial assistance

1.   In regions of the Member States where the degree of organisation of producers in the fruit and vegetables sector is particularly low, Member States may be authorised by the Commission, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , on a duly substantiated request, to pay producer organisations national financial assistance equal to a maximum of 80 % of the financial contributions referred to in Article 120(1)(a). This assistance shall be additional to the operational fund.

2.   In regions of Member States where producer organisations market less than 15 % of the value of fruit and vegetable production and whose fruit and vegetable production represents at least 15 % of their total agricultural output, the national financial assistance referred to in paragraph 1 may be reimbursed by the Union at the request of the Member State concerned. The Commission shall decide on that reimbursement by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  .

Article 124

National framework and national strategy for operational programmes

1.   Member States shall establish a national framework for drawing up the general conditions relating to the actions referred to in Article 121(3). This framework shall provide in particular that such actions shall meet the appropriate requirements of Regulation (EC) No 1698/2005 including those in its Article 5 on complementarity, consistency and conformity.

Member States shall submit their proposed framework to the Commission which, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , may require modifications within three months if it finds that the proposal does not enable the attainment of the objectives set out in Article 191 of the Treaty and in the sixth Union environment action programme. Investments on individual holdings supported by operational programmes shall also respect those objectives.

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

| (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, performance indicators; |
| --- | --- |

(c)

the objectives of operational programmes and instruments, 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.

3.   Paragraphs 1 and 2 shall not apply to Member States which have no recognised producer organisations.

Article 125

Approval of operational programmes

1.   Draft operational programmes shall be submitted to the competent national authorities, who shall approve or reject them or request their modification in line with the provisions of this Subsection.

2.   Producer organisations shall communicate to the Member State the estimated amount of the operational fund for each year and shall submit appropriate reasons therefore based on operational programme estimates, expenditure for the current year and possibly expenditure for previous years and, if necessary, on estimated production quantities for the next year.

3.   The Member State shall notify the producer organisation or association of producer organisations of the estimated amount of Union financial assistance in line with the limits set out in Article 122.

4.   Union financial assistance payments shall be made on the basis of expenditure incurred for the schemes covered by the operational programme. Advances may be made in respect of the same schemes subject to the provision of a guarantee or security.

5.   The producer organisation shall notify the Member State of the final amount of expenditure for the previous year, accompanied by the necessary supporting documents, so that it may receive the balance of the Union financial assistance.

6.   Operational programmes and their financing by producers and producer organisations on the one hand and by Union funds on the other shall have a minimum duration of three and a maximum duration of five years.

Article 126

Delegated powers

In order to ensure an efficient, targeted and sustainable support of producer organisations in the fruit and vegetables sector, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | operational funds and operational programmes, including rules on

  concerning








  (i) | the financing and use of operational funds; |
| --- | --- | --- |

(a)

operational funds and operational programmes, including rules on

  concerning

(i)

the financing and use of operational funds;

| (ii) | the content, approval and modification of operational programmes; |
| --- | --- |

(ii)

the content, approval and modification of operational programmes;

| (iii) | the eligibility of measures, actions or expenditure under an operational programme and complementary national rules in this respect; |
| --- | --- |

(iii)

the eligibility of measures, actions or expenditure under an operational programme and complementary national rules in this respect;

| (iv) | the relationship between operational programmes and rural development programmes; |
| --- | --- |

(iv)

the relationship between operational programmes and rural development programmes;

| (v) | partial operational programmes; |
| --- | --- |

(v)

partial operational programmes;

| (vi) | monitoring and evaluation of operational programmes; |
| --- | --- |

(vi)

monitoring and evaluation of operational programmes;

| (b) | the national framework and national strategy for operational programmes, including rules on

  concerning
  :






  (i) | the structure and content of a national framework and a national strategy; |
| --- | --- | --- |

(b)

the national framework and national strategy for operational programmes, including rules on

  concerning
  :

(i)

the structure and content of a national framework and a national strategy;

| (ii) | monitoring, evaluation and communications in respect of the national framework and the national strategies; |
| --- | --- |

(ii)

monitoring, evaluation and communications in respect of the national framework and the national strategies;

| (c) | Union financial assistance, including rules on

  concerning
  :






  (i) | the basis for the calculation of Union financial assistance, in particular the value of the marketed production of a producer organisation; |
| --- | --- | --- |

(c)

Union financial assistance, including rules on

  concerning
  :

(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 lodging and forfeiture of securities in case of advance payments; |
| --- | --- |

(iv)

the lodging and forfeiture of securities in case of advance payments;

| (d) | crisis prevention and management measures, including rules on

  concerning
  :






  (i) | the selection of crisis prevention and management measures; |
| --- | --- | --- |

(d)

crisis prevention and management measures, including rules on

  concerning
  :

(i)

the selection of crisis prevention and management measures;

| (ii) | the definition of market withdrawal; |
| --- | --- |

(ii)

the definition of market withdrawal;

| (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; |
| --- | --- |

(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 objectives of harvest insurance;

| (xii) | the definition of adverse climatic event; |
| --- | --- |

(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, including rules on

  concerning
  :






  (i) | the degree of organisation of producers; |
| --- | --- | --- |

(e)

national financial assistance, including rules on

  concerning
  :

(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.

Article 127

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures relating to this Subsection regarding:

| (a) | the management of operational funds and communications in respect of estimated amounts of operational funds; |
| --- | --- |

(a)

the management of operational funds and communications in respect of estimated amounts of operational funds;

| (b) | the submission of operational programmes, including time limits and required accompanying documents; |
| --- | --- |

(b)

the submission of operational programmes, including time limits and required accompanying documents;

| (c) | the format of operational programmes; |
| --- | --- |

(c)

the format of operational programmes;

| (d) | the management of monitoring and evaluation of national strategies and operational programmes pursuant to Article 126(a)(vi); |
| --- | --- |

(d)

the management of monitoring and evaluation of national strategies and operational programmes pursuant to Article 126(a)(vi);

| (e) | communications by the Member States to the producer organisations and associations of producer organisations in respect of amounts of approved aid; |
| --- | --- |

(e)

communications by the Member States to the producer organisations and associations of producer organisations in respect of amounts of approved aid;

| (f) | aid applications and payments of aid, including advance and partial payments of aid; |
| --- | --- |

(f)

aid applications and payments of aid, including advance and partial payments of aid;

| (g) | loans to finance crisis prevention and management measures; |
| --- | --- |

(g)

loans to finance crisis prevention and management measures;

| (h) | the respect for marketing standards in case of withdrawals; |
| --- | --- |

(h)

the respect for marketing standards in case of withdrawals;

| (i) | transport, sorting and packaging costs in case of free distribution; |
| --- | --- |

(i)

transport, sorting and packaging costs in case of free distribution;

| (j) | promotion, communication and training measures in case of crisis prevention and management; |
| --- | --- |

(j)

promotion, communication and training measures in case of crisis prevention and management;

| (k) | the management of harvest insurance measures; |
| --- | --- |

(k)

the management of harvest insurance measures;

| (l) | provisions on state aids for crisis prevention and management measures; |
| --- | --- |

(l)

provisions on state aids for crisis prevention and management measures;

| (m) | the authorisation to pay national financial assistance; |
| --- | --- |

(m)

the authorisation to pay national financial assistance;

| (n) | application for and payment of national financial assistance; |
| --- | --- |

(n)

application for and payment of national financial assistance;

| (o) | reimbursement of national financial assistance. |
| --- | --- |

(o)

reimbursement of national financial assistance.

Subsection III

chool Fruit Scheme

Article 128

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

1.   Under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Articles 129 and 130, Union aid shall be granted for:

| (a) | the supply to children in educational establishments
  administered or approved by the Member State
  , including nurseries, other pre-school establishments, primary and secondary schools, of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and [Am. 21] |
| --- | --- |

(a)

the supply to children in educational establishments
  administered or approved by the Member State
  , including nurseries, other pre-school establishments, primary and secondary schools, of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and [Am. 21]

| (b) | certain related costs linked to logistics and distribution, equipment, publicity, monitoring and evaluation. |
| --- | --- |

(b)

certain related costs linked to logistics and distribution, equipment, publicity, monitoring and evaluation.

2.   Member States, at national or regional level, wishing to participate in the scheme shall draw up a prior strategy for its implementation containing, in particular, the budget of their scheme including the Union and national contributions, the duration, the target group, the eligible products and the involvement of relevant stakeholders. They shall also provide for the accompanying measures necessary to make the scheme effective.

3.   When drawing up their strategies, Member States shall draw up a list of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors that will be eligible under their respective schemes. This list, however, shall not include products excluded by a measure adopted by the Commission by means of delegated acts pursuant to Article 129. They shall choose their products on the basis of objective criteria which may include seasonality, availability of produce or environmental concerns. In this connection, Member States may give preference to products of EU origin.

4.   The Union aid referred to in paragraph 1 shall neither:

| (a) | exceed EUR 90 million per school year; nor |
| --- | --- |

(a)

exceed EUR 90 million per school year; nor

| (b) | exceed 50 % of the costs of supply and related costs referred to in paragraph 1, or 75 % of such costs in the regions eligible under the Convergence Objective in accordance with Article 5(1) of Council Regulation (EC) No 1083/2006 (22) and in the outermost regions referred to in Article 349 of the Treaty; nor |
| --- | --- |

(b)

exceed 50 % of the costs of supply and related costs referred to in paragraph 1, or 75 % of such costs in the regions eligible under the Convergence Objective in accordance with Article 5(1) of Council Regulation (EC) No 1083/2006 (22) and in the outermost regions referred to in Article 349 of the Treaty; 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.

5.   The Union aid provided for in paragraph 1 shall be allocated to each Member State on the basis of objective criteria based on their proportion of six to ten year old children. However, Member States participating in the scheme shall each receive at least EUR 175 000 of Union aid. Member States participating in the scheme shall apply every year for Union aid on the basis of their strategy. Following the requests of the Member States, the Commission shall decide on definitive allocations, within the appropriations available in the budget.

6.   Union aid provided for in paragraph 1 shall not be used to replace funding for any existing national school fruit schemes or other school distribution schemes that include fruit. However, if a Member State already has a scheme in place that would be eligible for Union aid under this Article and intends to extend it or make it more effective, including as regards the target group of the scheme, its duration or eligible products, Union aid may be granted provided that the limits of paragraph 4(b) are abided by as regards the proportion of Union aid to the total national contribution. In this case, the Member State shall indicate in its strategy how it intends to extend its scheme or make it more effective.

7.   Member States may, in addition to Union aid, grant national aid for the supply of products and related costs referred to in paragraph 1. These costs may also be covered by contributions from the private sector. Member States may also grant national aid for financing the accompanying measures referred to in paragraph 2.

8.   The Union School Fruit Scheme shall be without prejudice to any separate national school fruit schemes which are compatible with Union law.

9.   The Union may also finance, under Article 5 of Regulation (EC) No 1290/2005, information, monitoring and evaluation measures relating to the School Fruit Scheme, including raising public awareness of it, and related networking measures.

Article 129

Delegated powers

1.   In order to promote the healthy eating habits of children, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | the products that are ineligible for the scheme; |
| --- | --- |

(a)

the products that are ineligible for the scheme;

| (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.

2.   In order to ensure the efficient and targeted use of European Funds, the Commission may by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | the indicative allocation of aid between Member States, the method for reallocating aid between Member States based on applications received and any reductions to be applied as a consequence of non-compliance with the rules of the scheme; |
| --- | --- |

(a)

the indicative allocation of aid between Member States, the method for reallocating aid between Member States based on applications received and any reductions to be applied as a consequence of non-compliance with the rules of the scheme;

| (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.

3.   In order to ensure that operators respect their obligations the Commission shall, by means of delegated acts
  in accordance with Article 321
  , adopt measures to prevent fraud and irregularities including the suspension of the right to participate in the scheme and the withdrawal of approval.

4.   In order to promote awareness of the scheme the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , require beneficiaries to publicise the subsidising role of the scheme.

Article 130

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Subsection as regards, in particular:

| (a) | the definitive allocation of aid between Member States; |
| --- | --- |

(a)

the definitive allocation of aid between Member States;

| (b) | the aid applications and payments; |
| --- | --- |

(b)

the aid applications and payments;

| (c) | the checks; |
| --- | --- |

(c)

the checks;

| (d) | the methods of publicising, and networking measures in respect of, the scheme; |
| --- | --- |

(d)

the methods of publicising, and networking measures in respect of, the scheme;

| (e) | the notification of information to the Commission. |
| --- | --- |

(e)

the notification of information to the Commission.

Section VII

Support programmes in the wine sector

Subsection I

Introductory provisions

Article 131

Scope

This Section lays down the rules governing the attribution of Union funds to Member States and the use of those funds by Member States through national support programmes (hereinafter referred to as support programmes) to finance specific support measures to assist the wine sector.

Article 132

Compatibility and consistency

1.   Support programmes shall be compatible with Union law and consistent with the activities, policies and priorities of the Union.

2.   Member States shall be responsible for the support programmes and ensure that they are internally consistent and drawn up and implemented in an objective manner, taking into account the economic situation of the producers concerned and the need to avoid unjustified unequal treatment between producers.

Member States shall be responsible for providing for and carrying out the necessary checks, verifications and penalties in case of non-compliance with the support programmes.

3.   No support shall be granted:

| (a) | for research projects and measures to support research projects; |
| --- | --- |

(a)

for research projects and measures to support research projects;

| (b) | for measures which are contained in Member States’ rural development programmes under Regulation (EC) No 1698/2005. |
| --- | --- |

(b)

for measures which are contained in Member States’ rural development programmes under Regulation (EC) No 1698/2005.

Subsection II

Submission and content of support programmes

Article 133

Submission of support programmes

1.   Each producer Member State referred to in Annex X shall submit to the Commission a draft five-year support programme containing measures in accordance with this Section.

Support programmes that became applicable in accordance with the first subparagraph of Article 5(1) of Council Regulation (EC) No 479/2008 (23) shall continue to apply under this Regulation.

The support measures in the support programmes shall be drawn up at the geographical level which the Member States deem most appropriate. Before being submitted to the Commission, the support programme shall be subject to consultation with the competent authorities and organisations at the appropriate territorial level.

Each Member State shall submit one single draft support programme which may accommodate regional particularities.

2.   Support programmes shall become applicable three months after their submission to the Commission.

However, if the Commission, by means of an implementing act without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , finds that the submitted support programme does not comply with the conditions laid down in this Section, the Commission shall inform the Member State thereof. In such a case, the Member State shall submit a revised support programme to the Commission. The revised support programme shall become applicable two months after its notification unless an incompatibility persists in which case this subparagraph shall apply.

3.   Paragraph 2 shall apply mutatis mutandis to changes in respect of support programmes submitted by Member States.

4.   Article 134 shall not apply where a Member State’s only measure in a support programme consists of the transfer to the Single Payment Scheme referred to in Article 137. In such case, Article 308(5) shall apply only in relation to the year in which the transfer takes place and Article 308(6) shall not apply.

Article 134

Content of support programmes

Support programmes shall consist of the following elements:

| (a) | a detailed description of the measures proposed as well as their quantified objectives; |
| --- | --- |

(a)

a detailed description of the measures proposed as well as their quantified objectives;

| (b) | the results of consultations held; |
| --- | --- |

(b)

the results of consultations held;

| (c) | an appraisal showing the expected technical, economic, environmental and social impact; |
| --- | --- |

(c)

an appraisal showing the expected technical, economic, environmental and social impact;

| (d) | a schedule for implementing the measures; |
| --- | --- |

(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 X; |
| --- | --- |

(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 X;

| (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 |
| --- | --- |

(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. |
| --- | --- |

(g)

the designation of competent authorities and bodies responsible for implementing the support programme.

Article 135

Eligible measures

1.   Support programmes shall contain one or more of the following measures:

| (a) | Single Payment Scheme support in accordance with Article 137; |
| --- | --- |

(a)

Single Payment Scheme support in accordance with Article 137;

| (b) | promotion in accordance with Article 138; |
| --- | --- |

(b)

promotion in accordance with Article 138;

| (c) | restructuring and conversion of vineyards in accordance with Article 139; |
| --- | --- |

(c)

restructuring and conversion of vineyards in accordance with Article 139;

| (d) | green harvesting in accordance with Article 140; |
| --- | --- |

(d)

green harvesting in accordance with Article 140;

| (e) | mutual funds in accordance with Article 141; |
| --- | --- |

(e)

mutual funds in accordance with Article 141;

| (f) | harvest insurance in accordance with Article 142; |
| --- | --- |

(f)

harvest insurance in accordance with Article 142;

| (g) | investments in accordance with Article 143; |
| --- | --- |

(g)

investments in accordance with Article 143;

| (h) | by-product distillation in accordance with Article 144; |
| --- | --- |

(h)

by-product distillation in accordance with Article 144;

| (i) | potable alcohol distillation in accordance with Article 103w of Regulation (EC) No 1234/2007; |
| --- | --- |

(i)

potable alcohol distillation in accordance with Article 103w of Regulation (EC) No 1234/2007;

| (j) | crisis distillation in accordance with Article 103x of Regulation (EC) No 1234/2007; |
| --- | --- |

(j)

crisis distillation in accordance with Article 103x of Regulation (EC) No 1234/2007;

| (k) | use of concentrated grape must in accordance with Article 103y of Regulation (EC) No 1234/2007. |
| --- | --- |

(k)

use of concentrated grape must in accordance with Article 103y of Regulation (EC) No 1234/2007.

2.   Support programmes shall not contain other measures than the ones listed in Articles 137 to 144 of this Regulation and Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007.

Article 136

General rules concerning support programmes

1.   The allocation of the available Union funds as well as the budgetary limits are provided for in Annex X.

2.   Union support shall only relate to eligible expenditure incurred after the submission of the relevant support programme as referred to in Article 133(1).

3.   Member States shall not contribute to the costs of measures financed by the Union under the support programmes.

4.   By way of derogation from paragraph 3, Member States may grant national aid in accordance with the relevant Union rules on State aid for the measures referred to in Articles 138, 142 and 143.

The maximum aid rate as laid down in the relevant Union rules on State aids shall apply to the global public financing, including both Union and national funds.

Subsection III

Specific support measures

Article 137

Single Payment Scheme and support to vine-growers

1.   Member States may provide support to vine-growers by allocating to them payment entitlements within the meaning of Chapter 1 of Title III of Regulation (EC) No 73/2009 in accordance with point O of Annex VII to that Regulation.

2.   Member States intending to make use of the possibility referred to in paragraph 1 shall foresee such support in their support programmes, including, as regards subsequent transfers of funds to the Single Payment Scheme, by way of changes to those programmes in accordance with Article 133(3).

3.   Once effective, support as referred to in paragraph 1 shall:

| (a) | remain in the Single Payment Scheme and no longer be available, or be made available under Article 133(3), for the measures listed in Articles 138 to 144 of this Regulation and Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007 in subsequent years of the operation of the support programmes; |
| --- | --- |

(a)

remain in the Single Payment Scheme and no longer be available, or be made available under Article 133(3), for the measures listed in Articles 138 to 144 of this Regulation and Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007 in subsequent years of the operation of the support programmes;

| (b) | commensurately reduce the amount of funds available for measures listed in Articles 138 to 144 of this Regulation and Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007 in the support programmes. |
| --- | --- |

(b)

commensurately reduce the amount of funds available for measures listed in Articles 138 to 144 of this Regulation and Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007 in the support programmes.

Article 138

Promotion on third-country markets

1.   Support under this Article shall cover information or promotion measures concerning Union wines in third countries, thereby improving their competitiveness in those countries.

2.   The measures referred to in paragraph 1 shall relate to wines with a protected designation of origin or a protected geographical indication or wines with an indication of the wine grape variety.

3.   The measures referred to in paragraph 1 may consist only of:

| (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 friendliness;

| (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 shall not exceed 50 % of the eligible expenditure.

Article 139

Restructuring and conversion of vineyards

1.   The objective of measures relating to the restructuring and conversion of vineyards shall be to increase the competitiveness of wine producers.

2.   The restructuring and conversion of vineyards shall be supported in accordance with this Article only if Member States submit the inventory of their production potential in accordance with Article 304(3).

3.   Support for the restructuring and conversion of vineyards may only cover one or more of the following activities:

| (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.

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

Member States may lay down further specifications, especially as regards the age of the vineyards replaced. [Am. 22]

4.   Support for the restructuring and conversion of vineyards may only take the following forms:

| (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 as referred to in paragraph 4(a) may cover up to 100 % of the relevant loss and take either of the following forms:

| (a) | notwithstanding Subsection II of Section V of Chapter III of Title I of Part II setting out the transitional planting right regime, the permission for both old and new vines to coexist for a fixed period which shall not exceed three years, until the end of the transitional regime concerning planting rights; |
| --- | --- |

(a)

notwithstanding Subsection II of Section V of Chapter III of Title I of Part II setting out the transitional planting right regime, the permission for both old and new vines to coexist for a fixed period which shall not exceed three years, until the end of the transitional regime concerning planting rights;

| (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 regions classified as convergence regions in accordance with Regulation (EC) No 1083/2006, the Union contribution to the costs of restructuring and conversion shall not exceed 75 %.

Article 140

Green harvesting

1.   For the purposes of this Article, green harvesting means the total destruction or removal of grape bunches while still in their immature stage, thereby reducing the yield of the relevant area to zero.

Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered to be green harvesting. [Am. 23]

2.   Support for green harvesting shall contribute to restoring the balance of supply and demand in the market in wine in the Union in order to prevent market crises.

3.   Support for green harvesting may be granted as compensation in the form of a flat rate payment per hectare to be determined by the Member State concerned.

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

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

Article 141

Mutual funds

1.   Support for the setting up of mutual funds shall provide assistance to producers seeking to insure themselves against market fluctuations.

2.   Support for the setting up of mutual funds may be granted in the form of temporary and degressive aid to cover the administrative costs of the funds.

Article 142

Harvest insurance

1.   Support for harvest insurance shall contribute to safeguarding producers’ incomes where these are affected by natural disasters, adverse climatic events, diseases or pest infestations.

The expression ‘adverse climatic event’ shall have the same meaning as "adverse climatic event which can be assimilated to a natural disaster" in Article 2(8) of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products- (24)
  . [Am. 24]

2.   Support for harvest insurance may be granted in the form of a financial Union contribution which must 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 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:






  (i) | losses referred to in point (a) and against other losses caused by adverse climatic events; |
| --- | --- | --- |

(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;

| (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 only be granted if the insurance payments concerned do not compensate producers for more than 100 % of the income loss suffered, taking into account any compensation the producers may have obtained from other support schemes related to the insured risk.

4.   Support for harvest insurance shall not distort competition in the insurance market.

Article 143

Investments

1.   Support may be granted for tangible or intangible investments in processing facilities, winery infrastructure and marketing of wine which improve the overall performance of the enterprise and concern one or more of the following:

| (a) | the production or marketing of products referred to in Part II of Annex XII; |
| --- | --- |

(a)

the production or marketing of products referred to in Part II of Annex XII;

| (b) | the development of new products, processes and technologies related to the products referred to in Part II of Annex XII. |
| --- | --- |

(b)

the development of new products, processes and technologies related to the products referred to in Part II of Annex XII.

2.   Support under paragraph 1 at its maximum rate shall be limited to micro, small and medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (25). For the territories of the Azores, Madeira, the Canary Islands, the smaller Aegean islands within the meaning of Regulation (EC) No 1405/2006 and the French overseas departments, no size limits shall apply for the maximum rate. For enterprises that are not covered by Article 2(1) of Title I of the Annex to Recommendation 2003/361/EC with less than 750 employees or with a turnover of less than EUR 200 million, the maximum aid intensity shall be halved.

Support shall not be granted to enterprises in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (26).

3.   The eligible expenditure shall exclude the elements referred to in Article 71(3)(a), (b) and (c) of Regulation (EC) No 1698/2005.

4.   The following maximum aid rates in relation to the eligible investment costs shall apply to the Union contribution:

| (a) | 50 % in regions classified as convergence regions in accordance with Regulation (EC) No 1083/2006; |
| --- | --- |

(a)

50 % in regions classified as convergence regions in accordance with Regulation (EC) No 1083/2006;

| (b) | 40 % in regions other than convergence regions; |
| --- | --- |

(b)

40 % in regions other than convergence regions;

| (c) | 75 % in the outermost regions in accordance with Regulation (EC) No 247/2006; |
| --- | --- |

(c)

75 % in the outermost regions in accordance with Regulation (EC) No 247/2006;

| (d) | 65 % in the smaller Aegean islands within the meaning of Regulation (EC) No 1405/2006. |
| --- | --- |

(d)

65 % in the smaller Aegean islands within the meaning of Regulation (EC) No 1405/2006.

5.   Article 72 of Regulation (EC) No 1698/2005 shall apply mutatis mutandis to support referred to in paragraph 1 of this Article.

Article 144

By-product distillation

1.   Support may be granted for the voluntary or obligatory distillation of by-products of wine making which has been carried out in accordance with the conditions laid down in Section D of Part II of Annex XIII.

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

2.   The maximum applicable aid levels shall be based on collection and processing costs and fixed by the Commission by means of implementing acts pursuant to Article 147.

3.   The alcohol resulting from the supported distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid distortion of competition.

Article 145

Cross-compliance

Where farmers are found not to have complied on their holding, at any time during three years from payment under the support programmes for restructuring and conversion or at any time during one year from payment under the support programmes for green harvesting, with the statutory management requirements and the good agricultural and environmental condition referred to in Articles 6 and 22 to 24 of Regulation (EC) No 73/2009, the amount of the payment shall, where non-compliance is the result of an action or omission directly imputable to the farmer, be reduced or cancelled, partially or wholly depending on the severity, extent, permanence and repetition of the non-compliance, and the farmer shall, where applicable, be ordered to reimburse it in accordance with the conditions set out in those provisions.

Subsection IV

Procedural provisions

Article 146

Delegated powers

In order to ensure that support programmes meet their objectives and that there is a targeted use of European funds, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt 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; |
| --- | --- |

(e)

containing general provisions and definitions for the purposes of this Section;

| (f) | to avoid misuse of the support measures, including restrictions to avoid double funding of projects; |
| --- | --- |

(f)

to avoid misuse of the support measures, including restrictions to avoid double funding of projects;

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

(g)

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

| (h) | laying down the requirements, including specific checks, to be undertaken by the Member States for the implementation of the support measures, as well as restrictions and checks to ensure consistency with the scope of the support measures; |
| --- | --- |

(h)

laying down the requirements, including specific checks, to be undertaken by the Member States for the implementation of the support measures, as well as restrictions and checks to ensure consistency with the scope of the support measures;

| (i) | on the suspension of payments by the Commission in case of non-compliance by a Member State with the communication requirements or if the communication appears incorrect; |
| --- | --- |

(i)

on the suspension of payments by the Commission in case of non-compliance by a Member State with the communication requirements or if the communication appears incorrect;

| (j) | regarding payments to beneficiaries, including payments through insurance intermediaries in the case of the support provided for in Article 142, recovery of undue payments, national sanctions and artificially created situations for the purpose of payment. |
| --- | --- |

(j)

regarding payments to beneficiaries, including payments through insurance intermediaries in the case of the support provided for in Article 142, recovery of undue payments, national sanctions and artificially created situations for the purpose of payment.

Article 147

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary measures related to this Section regarding:

| (a) | requirements relating to the notification of the support programmes, including the content, format, timing, deadlines and mechanism of notification, and the corresponding financial planning, as well as relating to the revision of the programmes; |
| --- | --- |

(a)

requirements relating to the notification of the support programmes, including the content, format, timing, deadlines and mechanism of notification, and the corresponding financial planning, as well as relating to the revision of the programmes;

| (b) | communications relating to State aid; |
| --- | --- |

(b)

communications relating to State aid;

| (c) | application and selection procedures; |
| --- | --- |

(c)

application and selection procedures;

| (d) | evaluation of the supported actions; |
| --- | --- |

(d)

evaluation of the supported actions;

| (e) | the calculation and payment of aid for green harvesting and by-product distillation; |
| --- | --- |

(e)

the calculation and payment of aid for green harvesting and by-product distillation;

| (f) | requirements on financial management and checks of the support measures by the Member States; |
| --- | --- |

(f)

requirements on financial management and checks of the support measures by the Member States;

| (g) | rules on coherence of measures; |
| --- | --- |

(g)

rules on coherence of measures;

| (h) | rules on the establishment of non-compliance and on the reduction, cancellation or reimbursement of amounts for the purposes of Article 145. |
| --- | --- |

(h)

rules on the establishment of non-compliance and on the reduction, cancellation or reimbursement of amounts for the purposes of Article 145.

Section VIII

Special provisions for the apiculture sector

Article 148

Scope

1.   With a view to improving general conditions for the production and marketing of apiculture products, Member States may draw up a national programme for a period of three years (hereinafter referred to as the ‘apiculture programme’).

2.   Member States may pay specific national aids for the protection of apiaries disadvantaged by structural or natural conditions or under economic development programmes, except for those allocated for production or trade. These aids shall be notified to the Commission by Member States together with the submission of the apiculture programme in accordance with Article 152.

Article 149

Apiculture programme

The measures which may be included in the apiculture programme shall be the following:

| (a) | technical assistance to beekeepers and groupings of beekeepers; |
| --- | --- |

(a)

technical assistance to beekeepers and groupings of beekeepers;

| (b) | control of varroasis; |
| --- | --- |

(b)

control of varroasis;

| (c) | rationalisation of transhumance; |
| --- | --- |

(c)

rationalisation of transhumance;

| (d) | measures to support laboratories carrying out analyses of the physico-chemical properties of honey; |
| --- | --- |

(d)

measures to support laboratories carrying out analyses of the physico-chemical properties of honey;

| (e) | measures to support the restocking of hives in the Union; |
| --- | --- |

(e)

measures to support the restocking of hives in the Union;

| (f) | cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products. |
| --- | --- |

(f)

cooperation with specialised bodies for the implementation of applied research programmes in the field of beekeeping and apiculture products.

Measures financed from the European Agricultural Fund for Rural Development in accordance with Regulation (EC) No 1698/2005 shall be excluded from the apiculture programme.

Article 150

Study of the production and marketing structure in the beekeeping sector

To be eligible for the part-financing provided for in Article 151(1), Member States shall carry out a study of the production and marketing structure in the beekeeping sector in their territory.

Article 151

Financing

1.   The Union shall provide part-financing for the apiculture programmes equivalent to 50 % of the expenditure borne by Member States.

2.   Expenditure relating to the measures taken under the apiculture programmes shall be made by the Member States by 15 October each year.

Article 152

Consultation

The apiculture programme shall be drawn up in close collaboration with the representative organisations and beekeeping cooperatives. It shall be submitted to the Commission for approval.

Article 153

Delegated powers

In order to ensure a targeted use of Union funds for apiculture, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt:

| (a) | rules on the obligations relating to the content of national programmes and the studies referred to in Article 150; and |
| --- | --- |

(a)

rules on the obligations relating to the content of national programmes and the studies referred to in Article 150; and

| (b) | 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. |
| --- | --- |

(b)

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.

Article 154

Implementing powers

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  :

| (a) | adopt rules on the notification by Member States of their national programmes and adjustments to these programmes, including monitoring plans; |
| --- | --- |

(a)

adopt rules on the notification by Member States of their national programmes and adjustments to these programmes, including monitoring plans;

| (b) | adopt rules to ensure that measures financed under the apiculture programmes are not simultaneously subject to payments under another Union scheme, and for the reallocation of unused funds; |
| --- | --- |

(b)

adopt rules to ensure that measures financed under the apiculture programmes are not simultaneously subject to payments under another Union scheme, and for the reallocation of unused funds;

| (c) | approve the apiculture programmes submitted by Member States, including the allocation of the Union's financial contribution; |
| --- | --- |

(c)

approve the apiculture programmes submitted by Member States, including the allocation of the Union's financial contribution;

| (d) | update the statistics on the number of bee hives based on information from Member States. |
| --- | --- |

(d)

update the statistics on the number of bee hives based on information from Member States.

Section IX

Aids in the silkworm sector

Article 155

Aid to be granted to silkworm rearers

1.   Union aid shall be granted for silkworms falling within CN code ex 0106 90 00 and for silkworm eggs falling within CN code ex 0511 99 85 reared within the Union.

2.   The aid shall be granted to silkworm rearers for each box of silkworm eggs used, on condition that the boxes contain a minimum quantity of eggs, to be determined, and that the worms have been successfully reared.

3.   Member States are authorised to grant aid solely to rearers who have obtained their boxes of eggs from an approved body and who, on successful completion of rearing, have delivered the cocoons which have been produced to an approved body.

4.   Measures on fixing the aid per box of silkworm eggs used shall be taken by the Council in accordance with Article 43(3) of the Treaty.

  Aid amounts granted to silkworm rearers shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the organisation of the silkworm rearing sector in certain regions of the Union and the need to facilitate the adaptation of supply to the market situation. [Am. 25]

Article 156

Delegated powers

In order to ensure efficient use of European Funds, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on:

| (a) | the minimum quantity of eggs and other conditions regarding successful rearing referred to in Article 155(2); |
| --- | --- |

(a)

the minimum quantity of eggs and other conditions regarding successful rearing referred to in Article 155(2);

| (b) | the conditions to be met by the approved bodies referred to in Article 155(3). |
| --- | --- |

(b)

the conditions to be met by the approved bodies referred to in Article 155(3).

Article 157

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Section regarding:

| (a) | aid applications and accompanying documents; |
| --- | --- |

(a)

aid applications and accompanying documents;

| (b) | reductions to the aid in case of late submission of applications; |
| --- | --- |

(b)

reductions to the aid in case of late submission of applications;

| (c) | Member State checks on the approved bodies referred to in Article 155(3); |
| --- | --- |

(c)

Member State checks on the approved bodies referred to in Article 155(3);

| (d) | Member State notifications. |
| --- | --- |

(d)

Member State notifications.

TITLE II

RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS

CHAPTER I

Rules concerning marketing

Section I

Marketing standards

Subsection I

Introductory provisions

Article 158

Scope

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

Subsection II

General marketing standard

Article 159

Conformity with the general marketing standard

1.   For the purposes of this Regulation a product complies with the "general marketing standard" if it is of sound, fair and marketable quality.

2.   Where no marketing standards as referred to in Subsection III and in Directive 2000/36/EC of the European Parliament and of the Council (27) and in Council Directives 2001/110/EC (28), 2001/111/EC (29), 2001/112/EC (30), 2001/113/EC (31), 2001/114/EC (32), were established, products listed in Annex I to this Regulation which are ready for retail sale as human food as referred to in Article 3(7) of Regulation (EC) No 178/2002 may only be marketed if they conform to the general marketing standard.

3.   A product shall be considered as conforming to the general marketing standard where the product intended to be marketed is in conformity with an applicable standard, as appropriate, adopted by any of the international organisations listed in Annex XI.

Article 160

Delegated powers

In order to address changes in the market situation, taking into account the specificity of each sector, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt, modify and derogate from requirements related to the general marketing standard referred to in Article 159(1), and rules concerning the conformity referred to in paragraph 3 of that Article.

Subsection III

Marketing standards by sectors or products

Article 161

General principle

The products for which marketing standards by sectors or products have been laid down may be marketed in the Union only in accordance with such standards.

Article 162

Establishment and content

1.   In order to take account of the expectations of consumers and to contribute to the improvement of the economic conditions for the production and marketing of agricultural products as well as to their quality, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt marketing standards by sectors or products referred to in Article 158, at all stages of the marketing, as well as derogations and exemptions from the application of such standards in order to adapt to the constantly changing market conditions, to the evolving consumer demands, as well as in order to take account of developments in relevant international standards and avoid creating obstacles to product innovation.

2.   The marketing standards referred to in paragraph 1 may relate where appropriate to the requirements for:

| (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 XII 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 XII applies;

| (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 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;

| (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 oenological practices and related administrative rules, and operating circuit;

| (h) | coupage of must and wine including definitions thereof, blending and restrictions thereof; |
| --- | --- |

(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 to the marketing standards by sectors or products as referred to in paragraph 1 and/or to the definitions, designations and sales descriptions referred to in Article 163, as well as the disposal of by-products; |
| --- | --- |

(s)

the conditions governing the disposal, the holding, circulation and use of products not in conformity to the marketing standards by sectors or products as referred to in paragraph 1 and/or to the definitions, designations and sales descriptions referred to in Article 163, as well as the disposal of by-products;

| (t) | time limits; |
| --- | --- |

(t)

time limits;

| (u) | notification by the Member States, notifications from different establishments to the competent authorities of the Member States and rules for obtaining statistical information on the markets in different products. |
| --- | --- |

(u)

notification by the Member States, notifications from different establishments to the competent authorities of the Member States and rules for obtaining statistical information on the markets in different products.

3.   The marketing standards by sectors or products referred to in paragraph 1 shall be established without prejudice to the provisions on Optional Quality Terms of Regulation of the European Parliament and of the Council [Regulation on agricultural product quality schemes], and taking into account:

| (a) | the specificities of the products concerned; |
| --- | --- |

(a)

the specificities of the products concerned;

| (b) | the need to ensure the conditions for a smooth placing of those products on the market; |
| --- | --- |

(b)

the need to ensure the conditions for a smooth placing of those 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 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;

| (d) | where appropriate the methods used for determining their physical, chemical and organoleptic characteristics; |
| --- | --- |

(d)

where appropriate the methods used for determining their physical, chemical and organoleptic characteristics;

| (e) | the standard recommendations adopted by international bodies. |
| --- | --- |

(e)

the standard recommendations adopted by international bodies.

Article 163

Definition, designation and/or sale description for certain sectors and/or products

1.   The definitions, designations and/or sale descriptions provided for in Annex XII shall apply to the following sectors or products:

| (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;

| (f) | spreadable fats intended for human consumption. |
| --- | --- |

(f)

spreadable fats intended for human consumption.

2.   A definition, designation or sale description provided for in Annex XII may be used in the Union only for the marketing of a product which complies with the corresponding requirements laid down in Annex XII.

3.   In order to adapt to evolving consumer demands, and in order to take technical progress into account and avoid creating obstacles to product innovation, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt any necessary modification, derogation or exemption to the definitions and sales descriptions provided for in Annex XII.

Article 164

Tolerance

In order to take into account the specificity of each sector, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt a tolerance for each standard beyond which the entire batch of products will be considered as not respecting the standard.

Article 165

Oenological practices

1.   Where the International Organisation of Vine and Wine (OIV) has recommended and published methods of analysis for determining the composition of products and rules whereby it may be established whether products have undergone processes contrary to the authorised oenological practices, these should be the methods and rules applicable.

Where there are no methods and rules recommended and published by the OIV, corresponding methods and rules shall be adopted by the Commission as referred to in point (g) of Article 162(2).

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

2.   Only oenological practices authorised in accordance with Annex XIII and provided for in point (g) of Article 162(2) and in Article 168(2) and (3) shall be used in the production and conservation in the Union of products of the wine sector.

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.

Products of the wine sector shall be produced in the Union in accordance with the relevant restrictions laid down in Annex XIII.

Products of the wine sector listed in Part II of Annex XII, which have undergone unauthorised Union oenological practices or, where applicable, unauthorised national oenological practices or which contravene the restrictions laid down in Annex XIII, shall not be marketed in the Union.

3.   When authorising oenological practices for wine as referred to in point (g) of Article 162(2), the Commission shall:

| (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)

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;

| (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 established 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 established expectations and perceptions, 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 restrictions laid down in Annex XIII. |
| --- | --- |

(f)

respect the general rules concerning oenological practices and restrictions laid down in Annex XIII.

Article 166

Wine grape varieties

1.   Products listed in Part II of Annex XII and produced in the Union shall be made from wine grape varieties classifiable according to paragraph 2 of this Article.

2.   Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted on their territories for the purpose of wine production.

Only wine grape varieties meeting the following conditions may be classified by Member States:

| (a) | the variety concerned belongs to the Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis; |
| --- | --- |

(a)

the variety concerned belongs to the Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis;

| (b) | the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont. |
| --- | --- |

(b)

the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing-up of this variety shall take place within 15 years of its deletion.

3.   Member States whose wine production does not exceed 50 000 hectolitres per wine year, calculated on the basis of the average production during the latest five wine years, shall be exempted from the classification obligation referred to in the first subparagraph of paragraph 2.

However, also in the Member States referred to in the first subparagraph, only wine grape varieties complying with the second subparagraph of paragraph 2 may be planted, replanted or grafted for the purpose of wine production.

4.   By way of derogation from the first and third subparagraphs of paragraph 2 and the second subparagraph of paragraph 3, the planting, replanting or grafting of the following wine grape varieties shall be allowed by the Member States for scientific research and experimental purposes:

| (a) | wine grape varieties which are not classified as far as Member States referred to in paragraph 3 are concerned; |
| --- | --- |

(a)

wine grape varieties which are not classified as far as Member States referred to in paragraph 3 are concerned;

| (b) | wine grape varieties which do not comply with points (a) and (b) of the second subparagraph of paragraph 2 as far as Member States referred to in paragraph 3 are concerned. |
| --- | --- |

(b)

wine grape varieties which do not comply with points (a) and (b) of the second subparagraph of paragraph 2 as far as Member States referred to in paragraph 3 are concerned.

5.   Areas planted with wine grape varieties for the purpose of wine production planted in breach of paragraphs 2, 3 and 4 shall be grubbed up.

However, there shall be no obligation to grub up such areas where the relevant production is intended exclusively for consumption by the wine-producers’ households.

6.   Member States shall take the necessary measures to check compliance by producers with paragraphs 2 to 5.

Article 167

Specific use of wine

Except for bottled wine in respect of which there is evidence that bottling was performed before 1 September 1971, wine produced from wine grape varieties listed in the classifications drawn up in accordance with the first subparagraph of Article 166(2) but not conforming to one of the categories laid down in Part II of Annex XII, shall be used only for consumption by individual wine-producers’ households, for the production of wine vinegar or for distillation.

Article 168

National rules for certain products and/or sectors

1.   Notwithstanding Article 162(1), Member States may adopt or maintain national rules laying down different quality levels for spreadable fats. Such rules shall allow those quality levels to be assessed on the basis of criteria relating in particular to the raw materials used, the organoleptic characteristics of the products and their physical and microbiological stability.

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

2.   Member States may limit or exclude the use of certain oenological practices and provide for more stringent restrictions for wines authorised under Union law produced in their territory with a view to reinforcing the preservation of the essential characteristics of wines with a protected designation of origin or a protected geographical indication and of sparkling wines and liqueur wines.

Member States shall communicate those limitations, exclusions and restrictions to the Commission, which shall bring them to the attention of the other Member States.

3.   Member States may allow the experimental use of unauthorised oenological practices under conditions specified by the Commission, by means of delegated acts
  in accordance with Article 321
  adopted pursuant to paragraph 4.

4.   In order to ensure the correct and transparent application, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , specify the conditions for the application of paragraphs 1, 2 and 3 as well as the conditions for the holding, circulation and use of the products obtained from the experimental practices as referred to in paragraph 3.

Subsection IV

Marketing standards related to import and export

Article 169

General provisions

In order to take account of the specificities in trade between the Union and certain third countries and of the special character of some agricultural products, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , define the conditions under which imported products are considered as providing an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from Article 161 and determine the rules relating to the application of the marketing standards to products exported from the Union.

Article 170

Special provisions for the imports of wine

1.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, the provisions concerning designation of origin and geographical indications and labelling of wine set out in the Subsection II of Section II of this Chapter and in the definitions and sales descriptions referred to in Article 163 of this Regulation, shall apply to products falling under CN codes 2009 61, 2009 69 and 2204 which are imported into the Union.

2.   Save as otherwise provided for in agreements concluded pursuant to Article 218 of the Treaty, products referred to in paragraph 1 of this Article shall be produced in accordance with oenological practices recommended and published by the OIV or authorised by the Union pursuant to this Regulation and measures adopted pursuant to this Regulation.

3.   The import of the products referred to in paragraph 1 shall be subject to the presentation of:

| (a) | a certificate evincing compliance with the provisions referred to in paragraphs 1 and 2, to be 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, to be 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.

Subsection V

Common provisions

Article 171

National checks

Member States shall carry out checks, based on a risk analysis, in order to verify whether products conform to the rules laid down in this Section and shall apply administrative penalties as appropriate.

Article 172

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Section and in particular:

| (a) | lay down rules for the implementation of the general marketing standard; |
| --- | --- |

(a)

lay down rules for the implementation of the general marketing standard;

| (b) | lay down rules for the implementation of the definitions and sales descriptions provided for in Annex XII; |
| --- | --- |

(b)

lay down rules for the implementation of the definitions and sales descriptions provided for in Annex XII;

| (c) | draw up the list of the products referred to in the second paragraph of point 5 of Part III of Annex XII and in point (a) of the sixth paragraph of Part VI of Annex XII, on the basis of indicative lists of products which Member States regard as corresponding in their territory to the products referred to in the second paragraph of point 5 of Part III of Annex XII and in point (a) of the sixth paragraph of Part VI of Annex XII and which Member States shall send to the Commission; |
| --- | --- |

(c)

draw up the list of the products referred to in the second paragraph of point 5 of Part III of Annex XII and in point (a) of the sixth paragraph of Part VI of Annex XII, on the basis of indicative lists of products which Member States regard as corresponding in their territory to the products referred to in the second paragraph of point 5 of Part III of Annex XII and in point (a) of the sixth paragraph of Part VI of Annex XII and which Member States shall send to the Commission;

| (d) | lay down rules 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)

lay down rules 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) | lay down rules whereby it may be established whether products have undergone processes contrary to the authorised oenological practices; |
| --- | --- |

(e)

lay down rules whereby it may be established whether products have undergone processes contrary to the authorised oenological practices;

| (f) | lay down rules for performing the checks of compliance with the marketing standards by sector or product; |
| --- | --- |

(f)

lay down rules for performing the checks of compliance with the marketing standards by sector or product;

| (g) | lay down rules for fixing of the tolerance level; |
| --- | --- |

(g)

lay down rules for fixing of the tolerance level;

| (h) | adopt provisions related to the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks shall apply; |
| --- | --- |

(h)

adopt provisions related to the authorities responsible for performing the checks for compliance as well as to the content, the frequency and the marketing stage to which those checks shall apply;

| (i) | adopt the necessary measures for the implementation of the derogation provided for in Article 169. |
| --- | --- |

(i)

adopt the necessary measures for the implementation of the derogation provided for in Article 169.

Section II

Designations of origin, geographical indications and traditional terms in the wine sector

Subsection I

Introductory provisions

Article 173

Scope

1.   Rules relating to designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex XII.

2.   The rules referred to in paragraph 1 shall be based on:

| (a) | protecting of legitimate interests of:






  (i) | consumers; and |
| --- | --- | --- |

(a)

protecting of legitimate interests of:

(i)

consumers; and

| (ii) | producers; |
| --- | --- |

(ii)

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 quality products, whilst allowing national quality policy measures.

Subsection II

Designations of origin and geographical indications

Article 174

Definitions

1.   For the purposes of this Subsection, the following definitions shall apply:

| (a) | “designation of origin” means the name of a region, a specific place or, in exceptional cases, a country used to describe a product referred to in Article 173(1) that complies with the following requirements:






  (i) | its quality and characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; |
| --- | --- | --- |

(a)

“designation of origin” means the name of a region, a specific place or, in exceptional cases, a country used to describe a product referred to in Article 173(1) that complies with the following requirements:

(i)

its quality and characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors;

| (ii) | the grapes from which it is produced come exclusively from this geographical area; |
| --- | --- |

(ii)

the grapes from which it is produced come exclusively from this geographical area;

| (iii) | its production takes place in this geographical area; and |
| --- | --- |

(iii)

its production takes place in this geographical area; and

| (iv) | it is obtained from vine varieties belonging to Vitis vinifera; |
| --- | --- |

(iv)

it is obtained from vine varieties belonging to Vitis vinifera;

| (b) | “geographical indication” means an indication referring to a region, a specific place or, in exceptional cases, a country, used to describe a product referred to in Article 173(1) which complies with the following requirements:






  (i) | it possesses a specific quality, reputation or other characteristics attributable to that geographical origin; |
| --- | --- | --- |

(b)

“geographical indication” means an indication referring to a region, a specific place or, in exceptional cases, a country, used to describe a product referred to in Article 173(1) which complies with the following requirements:

(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 this geographical area; |
| --- | --- |

(ii)

at least 85 % of the grapes used for its production come exclusively from this geographical area;

| (iii) | its production takes place in this geographical area; and |
| --- | --- |

(iii)

its production takes place in this 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.

For the purpose of the application of points (a)(iii) and (b)(iii), ‘production’ shall cover all the operations involved, from the harvesting of the grapes to the completion of the wine-making process, with the exception of any post-production processes.

For the purpose of the application of point (b)(ii), the up-to-15 % shareof grapes which may originate outside the demarcated geographical area shall originate from the Member State or third country concerned in which the demarcated area is situated.

By way of derogation from points (a)(iii) and (b)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product with a protected designation of origin or protected geographical indication may be made into wine either:

| (a) | in an area in the immediate proximity of the demarcated area concerned; or |
| --- | --- |

(a)

in an area in the immediate proximity of the demarcated area concerned; or

| (b) | in an area located within the same administrative unit or within a neighbouring administrative unit, as defined in national rules; or |
| --- | --- |

(b)

in an area located within the same administrative unit or within a neighbouring administrative unit, as defined in national rules; or

| (c) | in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member States and one or more third countries, in an area situated in the immediate proximity of the demarcated area in question. |
| --- | --- |

(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 (b)(iii) and on condition that the product specification laid down in Article 175(2) so provides, wines with a protected geographical indication may continue to be made into wine outside the immediate proximity of the demarcated area in question until 31 December 2012.

By way of derogation from point (a)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product may be made into sparkling wine or semi-sparkling wine with a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986. [Am. 26]

2.   Certain traditionally used names shall constitute a designation of origin where they:

| (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 paragraph 1(a)(i) to (iv); and |
| --- | --- |

(c)

meet the requirements referred to in paragraph 1(a)(i) to (iv); 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.

Article 175

Content of applications for protection

1.   Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:

| (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.

It shall consist at least of:

| (a) | the name to be protected; |
| --- | --- |

(a)

the name to be protected;

| (b) | a description of the wine(s):






  (i) | for wines with a designation of origin, its principal analytical and organoleptic characteristics; |
| --- | --- | --- |

(b)

a description of the wine(s):

(i)

for wines with a designation of origin, its principal analytical and organoleptic characteristics;

| (ii) | for wines with a geographical indication, its principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics; |
| --- | --- |

(ii)

for wines with a geographical indication, its principal analytical characteristics as well as an evaluation or indication of its 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); |
| --- | --- |

(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; |
| --- | --- |

(d)

the demarcation of the geographical area concerned;

| (e) | the maximum yields per hectare; |
| --- | --- |

(e)

the maximum yields per hectare;

| (f) | an indication of the wine grape variety or varieties the wine(s) is obtained from; |
| --- | --- |

(f)

an indication of the wine grape variety or varieties the wine(s) is obtained from;

| (g) | the details bearing out the link referred to in Article 174(1)(a)(i) or, as the case may be, in Article 174(1)(b)(i); |
| --- | --- |

(g)

the details bearing out the link referred to in Article 174(1)(a)(i) or, as the case may be, in Article 174(1)(b)(i);

| (h) | applicable requirements laid down in Union or national legislation or, where foreseen by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements shall be objective, and non-discriminatory and compatible with Union law; |
| --- | --- |

(h)

applicable requirements laid down in Union or national legislation or, where foreseen by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements shall be objective, and non-discriminatory and compatible with Union law;

| (i) | the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks. |
| --- | --- |

(i)

the name and address of the authorities or bodies verifying compliance with the provisions of the product specification and their specific tasks.

Article 176

Application for protection relating to a geographical area in a third country

1.   Where the application for protection concerns a geographical area in a third country, it shall contain in addition to the elements provided for in Article 175, proof that the name in question is protected in its country of origin.

2.   The application shall be sent to the Commission, either directly from the applicant or via the authorities of the third country concerned.

3.   The application for protection shall be filed in one of the official languages of the Union or accompanied by a certified translation into one of those languages.

Article 177

Applicants

1.   Any interested group of producers, or in exceptional cases a single producer, may apply for the protection of a designation of origin or geographical indication. Other interested parties may participate in the application.

2.   Producers may lodge an application for protection only for wines which they produce.

3.   In the case of a name designating a trans-border geographical area or a traditional name connected to a trans-border geographical area, a joint application may be lodged.

Article 178

Preliminary national procedure

1.   Applications for protection of a designation of origin or a geographical indication of wines in accordance with Article 174 originating in the Union shall be subject to a preliminary national procedure in accordance with this Article.

2.   The application for protection shall be filed with the Member State in which territory the designation of origin or geographical indication originates.

3.   The Member State shall examine the application for protection in order to verify whether it meets the conditions set out in this Subsection.

The Member State shall carry out a national procedure ensuring adequate publication of the application and providing for a period of at least two months from the date of publication within which any natural or legal person having a legitimate interest and resident or established on its territory may object to the proposed protection by lodging a duly substantiated statement with the Member State.

4.   If the Member State considers that the designation of origin or geographical indication does not meet the relevant requirements or is incompatible with Union law in general, it shall reject the application.

5.   If the Member State considers that the relevant requirements are met, it shall:

| (a) | publish the single document and the product specification at least on the Internet; and |
| --- | --- |

(a)

publish the single document and the product specification at least on the Internet; and

| (b) | forward to the Commission an application for protection containing the following information:






  (i) | the name and address of the applicant; |
| --- | --- | --- |

(b)

forward 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 175(1)(d); |
| --- | --- |

(ii)

the single document referred to in Article 175(1)(d);

| (iii) | a declaration by the Member State that it considers that the application lodged by the applicant meets the conditions required; and |
| --- | --- |

(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 publication, as referred to in point (a). |
| --- | --- |

(iv)

the reference to publication, as referred to in 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.

6.   Member States shall have the laws, regulations or administrative provisions in place that are necessary to comply with Article 118f of Regulation (EC) No 1234/2007 and this Article as from 1 August 2009.

7.   Where a Member State has no national legislation concerning the protection of designations of origin and geographical indications, it may, on a transitional basis only, grant protection to the name in accordance with the terms of this Subsection at national level with effect from the day the application is lodged with the Commission. Such transitional national protection shall cease on the date on which a decision on registration or refusal under this Subsection is taken.

Article 179

Scrutiny by the Commission

1.   The Commission shall make the date of submission of the application for protection of the designation of origin or geographical indication public.

2.   The Commission shall examine whether the applications for protection referred to in Article 178(5) meet the conditions laid down in this Subsection.

3.   Where the Commission considers that the conditions laid down in this Subsection are met, it shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , decide to publish in the Official Journal of the European Union the single document referred to in Article 175(1)(d) and the reference to the publication of the product specification referred to in Article 178(5).

4.   Where the Commission considers that the conditions laid down in this Subsection are not met, it shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide to reject the application.

Article 180

Objection procedure

Within two months from the date of publication provided for in Article 179(3), any Member State or third country, or any natural or legal person having a legitimate interest, resident or established in a Member State other than that applying for the protection or in a third country, may object to the proposed protection by lodging a duly substantiated statement relating to the conditions of eligibility as laid down in this Subsection with the Commission.

In the case of natural or legal persons resident or established in a third country, such statement shall be lodged, either directly or via the authorities of the third country concerned, within the time limit of two months referred to in the first paragraph.

Article 181

Decision on protection

On the basis of the information available to the Commission upon the completion of the objection procedure referred to in Article 180, the Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , either decide to confer protection on the designation of origin or geographical indication which meets the conditions laid down in this Subsection and is compatible with Union law, or to reject the application where those conditions are not satisfied.

Article 182

Homonyms

1.   A name, for which an application is lodged, and which is wholly or partially homonymous with that of a name already registered under this Regulation concerning the wine sector, shall be registered with due regard for local and traditional usage and for any risk of confusion.

A homonymous name which misleads the consumer into believing that products come from another territory shall not be registered even if the name is accurate as far as the actual territory, region or place of origin of the products in question is concerned.

The use of a registered homonymous name shall be subject to there being a sufficient distinction in practice between the homonym registered subsequently and the name already on the register, having regard to the need to treat the producers concerned in an equitable manner and the need not to mislead the consumer.

2.   Paragraph 1 shall apply mutatis mutandis if a name, for which an application is lodged, is wholly or partially homonymous with a geographical indication protected as such under the legislation of Member States.

Member States shall not register non-identical geographical indications for protection under their respective legislation on geographical indications if a designation of origin or geographical indication is protected in the Union by virtue of the Union law relevant to designations of origin and geographical indications.

3.   Where the name of a wine grape variety contains or consists of a protected designation of origin or a protected geographical indication, that name shall not be used for the purposes of labelling the products covered by this Regulation, except where otherwise decided by the Commission, by means of delegated acts
  adopted in accordance with Article 321
  , in order to take existing labelling practices into account.

4.   The protection of designations of origin and geographical indications for products covered in Article 174 shall be without prejudice to protected geographical indications applying in relation to spirit drinks within the meaning of Regulation (EC) No 110/2008 of the European Parliament and of the Council (33) and vice versa.

Article 183

Grounds for refusal of protection

1.   Names that have become generic shall not be protected as a designation of origin or geographical indication.

For the purposes of this Subsection, a “name that has become generic” means the name of a wine which, although it relates to the place or the region where this product was originally produced or marketed, has become the common name of a wine in the Union.

To establish whether or not a name has become generic, account shall be taken of all relevant factors, in particular:

| (a) | the existing situation in the Union, notably in areas of consumption; |
| --- | --- |

(a)

the existing situation in the Union, notably in areas of consumption;

| (b) | the relevant Union or national legislation. |
| --- | --- |

(b)

the relevant Union or national legislation.

2.   A name shall not be protected as a designation of origin or geographical indication where, in the light of a trademark’s reputation and renown, protection is liable to mislead the consumer as to the true identity of the wine.

Article 184

Relationship with trademarks

1.   Where a designation of origin or a geographical indication is protected under this Regulation, the registration of a trademark corresponding to one of the situations referred to in Article 185(2) and relating to a product falling under one of the categories listed in Part II of Annex XII shall be refused if the application for registration of the trademark is submitted after the date of submission of the application for protection of the designation of origin or geographical indication to the Commission and the designation of origin or geographical indication is subsequently protected.

Trademarks registered in breach of the first subparagraph shall be invalidated.

2.   Without prejudice to Article 183(2), a trademark the use of which corresponds to one of the situations referred to in Article 185(2), which has been applied for, registered or established by use, if that possibility is provided for by the legislation concerned, in the territory of the Union before the date on which the application for protection of the designation of origin or geographical indication is submitted to the Commission, may continue to be used and renewed notwithstanding the protection of a designation of origin or geographical indication, provided that no grounds for the trademark’s invalidity or revocation exist as specified by the Directive 2008/95/EC of the European Parliament and of the Council (34) or by Council Regulation (EC) No 207/2009 (35).

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

Article 185

Protection

1.   Protected designations of origins and protected geographical indications may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.

2.   Protected designations of origins and protected geographical indications and the wines using those protected names in conformity with the product specification shall be protected against:

| (a) | any direct or indirect commercial use of a protected name:






  (i) | by comparable products not complying with the product specification of the protected name; or |
| --- | --- | --- |

(a)

any direct or indirect commercial use of a protected name:

(i)

by comparable products not complying with the product specification of the protected name; or

| (ii) | in so far as such use exploits the reputation of a designation of origin or a geographical indication; |
| --- | --- |

(ii)

in so far as such use exploits the reputation of a designation of origin or a geographical indication;

| (b) | any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “like” or similar; |
| --- | --- |

(b)

any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “like” or similar;

| (c) | any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, and the packing of the product in a container liable to convey a false impression as to its origin; |
| --- | --- |

(c)

any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, and the packing of the product in a container liable to convey a false impression as to its origin;

| (d) | any other practice liable to mislead the consumer as to the true origin of the product. |
| --- | --- |

(d)

any other practice liable to mislead the consumer as to the true origin of the product.

3.   Protected designations of origin or protected geographical indications shall not become generic in the Union within the meaning of Article 183(1).

4.   Member States shall take the steps necessary to stop unlawful use of protected designations of origin and protected geographical indications as referred to in paragraph 2.

Article 186

Register

The Commission shall establish and maintain an electronic register of protected designations of origin and protected geographical indications for wine which shall be publicly accessible.

Article 187

Designation of competent authority

1.   Member States shall designate the competent authority or authorities responsible for checks in respect of the obligations established by this Subsection in accordance with the criteria laid down in Article 4 of Regulation (EC) No 882/2004 of the European Parliament and of the Council (36).

2.   Member States shall ensure that any operator complying with this Subsection is entitled to be covered by a system of checks.

3.   Member States shall inform the Commission of the competent authority or authorities referred to in paragraph 1. The Commission shall make their names and addresses public and update them periodically.

Article 188

Verification of compliance with specifications

1.   In respect of protected designations of origin and protected geographical indications relating to a geographical area within the Union, annual verification of compliance with the product specification, during the production and during or after conditioning of the wine, shall be ensured by:

| (a) | the competent authority or authorities referred to in Article 187(1); or |
| --- | --- |

(a)

the competent authority or authorities referred to in Article 187(1); or

| (b) | one or more bodies responsible for the verification within the meaning of point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body in accordance with the criteria laid down in Article 5 of that Regulation. |
| --- | --- |

(b)

one or more bodies responsible for the verification within the meaning of point 5 of the second subparagraph of Article 2 of Regulation (EC) No 882/2004 operating as a product certification body in accordance with the criteria laid down in Article 5 of that Regulation.

The costs of such verification shall be borne by the operators subject to it.

2.   In respect of protected designations of origin and protected geographical indications relating to a geographical area in a third country, annual verification of compliance with the product specification, during the production and during or after conditioning of the wine, shall be ensured by:

| (a) | one or more public authorities designated by the third country; or |
| --- | --- |

(a)

one or more public authorities designated by the third country; or

| (b) | one or more certification bodies. |
| --- | --- |

(b)

one or more certification bodies.

3.   The certification bodies referred to in paragraphs 1(b) and 2(b) shall comply with, and be accredited in accordance with, the European standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems).

4.   Where the authority or authorities referred to in paragraphs 1(a) and 2(a) verify compliance with the product specification, they shall offer adequate guarantees of objectivity and impartiality, and have at their disposal the qualified staff and resources needed to carry out their tasks.

Article 189

Amendments to product specifications

1.   An applicant satisfying the conditions of Article 177 may apply for approval of an amendment to the product specification of a protected designation of origin or a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redefine the geographical area referred to in point (d) of the second subparagraph of Article 175(2). Applications shall describe and give reasons for the amendments requested.

2.   Where the proposed amendment involves one or more amendments to the single document referred to in Article 175(1)(d), Articles 178 to 181 shall apply mutatis mutandis to the amendment application. However, if the proposed amendment is only minor, the Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide whether to approve the application without following the procedure laid down in Article 179(2) and Article 180 and in the case of approval, the Commission shall proceed to the publication of the elements referred to in Article 179(3).

3.   Where the proposed amendment does not involve any change to the single document, the following rules shall apply:

| (a) | where the geographical area is in a given Member State, that Member State shall express its position on the amendment and, if it is in favour, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them; |
| --- | --- |

(a)

where the geographical area is in a given Member State, that Member State shall express its position on the amendment and, if it is in favour, shall publish the amended product specification and inform the Commission of the amendments approved and the reasons for them;

| (b) | where the geographical area is in a third country, the Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide whether to approve the proposed amendment. |
| --- | --- |

(b)

where the geographical area is in a third country, the Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , decide whether to approve the proposed amendment.

Article 190

Cancellation

1.   The Commission may, at its own initiative or at the duly substantiated request of a Member State, of a third country or of a natural or legal person having a legitimate interest, decide, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , to cancel the protection of a designation of origin or a geographical indication if compliance with the corresponding product specification is no longer ensured.

Articles 178 to 181 shall apply mutatis mutandis.

Article 191

Existing protected wine names

1.   Wine names, which are protected in accordance with Articles 51 and 54 of Regulation (EC) No 1493/1999 and Article 28 of Commission Regulation (EC) No 753/2002 (37), shall automatically be protected under this Regulation. The Commission shall list them in the register provided for in Article 186 of this Regulation.

2.   Member States shall, in respect of existing protected wine names referred to in paragraph 1, transmit to the Commission:

| (a) | the technical files as provided for in Article 175(1); |
| --- | --- |

(a)

the technical files as provided for in Article 175(1);

| (b) | the national decisions of approval. |
| --- | --- |

(b)

the national decisions of approval.

3.   Wine names referred to in paragraph 1, for which the information referred to in paragraph 2 is not submitted by 31 December 2011, shall lose protection under this Regulation. The Commission shall take the corresponding formal step of removing such names from the register provided for in Article 186 by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  .

4.   Article 190 shall not apply in respect of existing protected wine names referred to in paragraph 1 of this Article.

Until 31 December 2014 the Commission may, at its own initiative, decide, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , to cancel protection of existing protected wine names referred to in paragraph 1 if they do not meet the conditions laid down in Article 174.

Article 192

Fees

Member States may charge a fee to cover their costs, including those incurred in examining applications for protection, statements of objections, applications for amendments and requests for cancellations under this Subsection.

Article 193

Delegated powers

1.   In order to take account of the specificities of the production in the demarcated geographical area, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt:

| (a) | principles for the demarcation of the geographical area, and |
| --- | --- |

(a)

principles for the demarcation of the geographical area, and

| (b) | definitions, restrictions and derogations related to the production in the demarcated geographical area. |
| --- | --- |

(b)

definitions, restrictions and derogations related to the production in the demarcated geographical area.

2.   In order to ensure product quality and traceability, the Commission may, by means of delegated acts
  in accordance with Article 321
  , provide for the conditions under which product specifications may include additional requirements as referred to in Article 175(2)(h).

3.   In order to ensure the legitimate rights or interests of producers or operators, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | define in which cases a single producer may apply for the protection of a designation of origin or geographical indication; |
| --- | --- |

(a)

define in which cases a single producer may apply for the protection of a designation of origin or geographical indication;

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

(b)

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

| (c) | adopt specific measures related to the national procedures applicable to trans-border applications; |
| --- | --- |

(c)

adopt specific measures related to the national procedures applicable to trans-border applications;

| (d) | define the date of submission of an application or a request; |
| --- | --- |

(d)

define the date of submission of an application or a request;

| (e) | define the date from which protection shall run; |
| --- | --- |

(e)

define the date from which protection shall run;

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

(f)

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

| (g) | define the date on which an amendment shall enter into force. |
| --- | --- |

(g)

define the date on which an amendment shall enter into force.

4.   In order to ensure an adequate protection, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt restrictions regarding the protected name.

5.   In order to prevent the unlawful use of protected designations of origin and protected geographical indications, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , define the actions to be implemented by the Member States in this respect.

6.   In order to ensure the efficiency of the checks provided for in this Subsection, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the necessary measures regarding the notification of operators to the competent authorities.

7.   In order to ensure that economic operators and competent authorities are not prejudiced by the application of this Subsection as regards wine names which have been granted protection prior to 1 August 2009, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt transitional provisions concerning:

| (a) | wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009; |
| --- | --- |

(a)

wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009;

| (b) | preliminary national procedure; |
| --- | --- |

(b)

preliminary national procedure;

| (c) | wines placed on the market or labelled before a specific date; and |
| --- | --- |

(c)

wines placed on the market or labelled before a specific date; and

| (d) | amendments to the product specifications. |
| --- | --- |

(d)

amendments to the product specifications.

Article 194

Implementing powers

1.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Subsection regarding:

| (a) | the information to be provided in the product specification with regard to the link between the geographical area and the final product; |
| --- | --- |

(a)

the information to be provided in the product specification with regard to the link between the geographical area and the final product;

| (b) | the making of decisions on protection or rejection available to the public; |
| --- | --- |

(b)

the making of decisions on protection or rejection available to the public;

| (c) | the establishment and the maintenance of the register referred to in Article 186; |
| --- | --- |

(c)

the establishment and the maintenance of the register referred to in Article 186;

| (d) | the conversion from protected designation of origin to protected geographical indication; |
| --- | --- |

(d)

the conversion from protected designation of origin to protected geographical indication;

| (e) | the submission of trans-border applications; |
| --- | --- |

(e)

the submission of trans-border applications;

| (f) | checks and verification to be carried out by the Member States, including testing. |
| --- | --- |

(f)

checks and verification to be carried out by the Member States, including testing.

2.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Subsection as regards the procedure, including admissibility, for the examination of applications for protection or for the approval of an amendment of a designation of origin or a geographical indication, as well as the procedure, including admissibility, for requests for objection, cancellation, or conversion, and the submission of information related to existing protected wine names, in particular with respect to:

| (a) | models for documents and the transmission format; |
| --- | --- |

(a)

models for documents and the transmission format;

| (b) | time limits; |
| --- | --- |

(b)

time limits;

| (c) | the details of the facts, evidence and supporting documents to be submitted in support of the application or request. |
| --- | --- |

(c)

the details of the facts, evidence and supporting documents to be submitted in support of the application or request.

Article 195

Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323

Where an application or a request is deemed inadmissible, the Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , decide to reject it as inadmissible.

Subsection III

Traditional terms

Article 196

Definition

“Traditional term” means a term traditionally used in Member States for products referred to in Article 173(1) to designate:

| (a) | that the product has a protected designation of origin or a protected geographical indication under Union or national law; or |
| --- | --- |

(a)

that the product has a protected designation of origin or a protected geographical indication under Union or national law; or

| (b) | the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication. |
| --- | --- |

(b)

the production or ageing method or the quality, colour, type of place, or a particular event linked to the history of the product with a protected designation of origin or a protected geographical indication.

Article 197

Protection

1.   A protected traditional term may only be used for a product which has been produced in conformity with the definition referred to in Article 196.

Traditional terms shall be protected against unlawful use.

Member States shall take the steps necessary to stop the unlawful use of protected traditional terms.

2.   Traditional terms shall not become generic in the Union.

Article 198

Delegated powers

1.   In order to ensure an adequate protection, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt provisions regarding the language and the spelling of the term to be protected.

2.   In order to ensure the legitimate rights or interests of producers or operators, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , define the following:

| (a) | the type of applicants that may apply for the protection of a traditional term; |
| --- | --- |

(a)

the type of applicants that may apply for the protection of a traditional term;

| (b) | the conditions of validity of an application for recognition of a traditional term; |
| --- | --- |

(b)

the conditions of validity of an application for recognition of a traditional term;

| (c) | the grounds for objecting to a proposed recognition of a traditional term; |
| --- | --- |

(c)

the grounds for objecting to a proposed recognition of a traditional term;

| (d) | the scope of the protection, including the relationship with trademarks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names; |
| --- | --- |

(d)

the scope of the protection, including the relationship with trademarks, protected traditional terms, protected designations of origin or geographical indications, homonyms, or certain wine grape names;

| (e) | the grounds for cancellation of a traditional term; |
| --- | --- |

(e)

the grounds for cancellation of a traditional term;

| (f) | the date of submission of an application or a request. |
| --- | --- |

(f)

the date of submission of an application or a request.

3.   In order to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the conditions under which traditional terms may be used on products from third countries and provide for derogations from Article 196.

4.   In order to prevent the unlawful use of protected traditional terms, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , specify the actions to be implemented by the Member States in this respect.

Article 199

Implementing powers

1.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Subsection as regards the procedure, including admissibility, for the examination of applications for protection or for the approval of a modification of a traditional term, as well as the procedure, including admissibility, for requests for objection or cancellation, in particular with respect to:

| (a) | models for documents and the transmission format; |
| --- | --- |

(a)

models for documents and the transmission format;

| (b) | time limits; |
| --- | --- |

(b)

time limits;

| (c) | the details of the facts, evidence and supporting documents to be submitted in support of the application or request. |
| --- | --- |

(c)

the details of the facts, evidence and supporting documents to be submitted in support of the application or request.

2.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , decide to accept or reject an application for protection of a traditional term or a request for a modification of the protected term or the cancellation of the protection of a traditional term.

3.   The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , provide for the protection of traditional terms for which the application for protection has been accepted, in particular by classifying them in accordance with point (a) or (b) of Article 196 and by publishing a definition and/or the conditions of use.

Article 200

Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323

Where an application or a request is deemed inadmissible, the Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , decide to reject it as inadmissible.

Section III

Labelling and presentation in the wine sector

Article 201

Definition

For the purposes of this Section:

| (a) | “labelling” means any words, particulars, trademarks, brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring or collar accompanying or referring to a given product; |
| --- | --- |

(a)

“labelling” means any words, particulars, trademarks, brand name, pictorial matter or symbol placed on any packaging, document, notice, label, ring or collar accompanying or referring to a given product;

| (b) | “presentation” means any information conveyed to consumers by virtue of the packaging of the product concerned, including the form and type of bottles. |
| --- | --- |

(b)

“presentation” means any information conveyed to consumers by virtue of the packaging of the product concerned, including the form and type of bottles.

Article 202

Applicability of horizontal rules

1.
     Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC (38), Directive 2000/13/EC of the European Parliament and of the Council (39) and Directive 2007/45/EC of the European Parliament and of the Council (40) shall apply to the labelling and presentation of products falling under their scopes.
  The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex XII may not be supplemented by any particulars other than those provided for in this Regulation unless they satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC.

2.
     
  Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC are present in one of the products referred to in Annex XII, Part II to this Regulation, they must be indicated on the labelling, preceded by the term "contains".

For sulphites, the following terms may be used: "sulphites", "sulfites", "sulphur dioxide" or "sulfur dioxide".

3.
     
  The labelling obligation referred to in paragraph 2 may be accompanied by the use of a pictogram to be determined by means of delegated acts adopted in accordance with Article 321. [Am. 27]

Article 203

Compulsory particulars

1.   Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex XII marketed in the Union or for export shall contain the following compulsory particulars:

| (a) | the designation for the category of the grapevine product in accordance with Part II of Annex XII; |
| --- | --- |

(a)

the designation for the category of the grapevine product in accordance with Part II of Annex XII;

| (b) | for wines with a protected designation of origin or a protected geographical indication:






  (i) | the term “protected designation of origin” or “protected geographical indication”; and |
| --- | --- | --- |

(b)

for wines with a protected designation of origin or a protected geographical indication:

(i)

the term “protected designation of origin” or “protected geographical indication”; and

| (ii) | the name of the protected designation of origin or the protected geographical indication; |
| --- | --- |

(ii)

the name of the protected designation of origin or the protected geographical indication;

| (c) | the actual alcoholic strength by volume; |
| --- | --- |

(c)

the actual alcoholic strength by volume;

| (d) | an indication of provenance; |
| --- | --- |

(d)

an indication of provenance;

| (e) | an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor; |
| --- | --- |

(e)

an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor;

| (f) | an indication of the importer in the case of imported wines; and |
| --- | --- |

(f)

an indication of the importer in the case of imported wines; and

| (g) | in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content. |
| --- | --- |

(g)

in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content.

2.   By way of derogation from paragraph 1(a), the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication
  and for quality sparkling wines whose labels include the term "Sekt". [Am. 28]

3.   By way of derogation from paragraph 1(b), the reference to the terms “protected designation of origin” or “protected geographical indication” may be omitted in the following cases:

| (a) | where a traditional term as referred to in Article 196(a) is displayed on the label; |
| --- | --- |

(a)

where a traditional term as referred to in Article 196(a) is displayed on the label;

| (b) | in exceptional circumstances to be determined by the Commission by means of delegated acts
  adopted in accordance with Article 321
  in order to ensure compliance with existing labelling practices. |
| --- | --- |

(b)

in exceptional circumstances to be determined by the Commission by means of delegated acts
  adopted in accordance with Article 321
  in order to ensure compliance with existing labelling practices.

Article 204

Optional particulars

1.   Labelling and presentation of the products referred to in Article 203(1) may in particular contain the following optional particulars:

| (a) | the vintage year; |
| --- | --- |

(a)

the vintage year;

| (b) | the name of one or more wine grape varieties; |
| --- | --- |

(b)

the name of one or more wine grape varieties;

| (c) | in the case of wines other than those referred to in Article 203(1)(g), terms indicating the sugar content; |
| --- | --- |

(c)

in the case of wines other than those referred to in Article 203(1)(g), terms indicating the sugar content;

| (d) | for wines with a protected designation of origin or a protected geographical indication, traditional terms as referred to in Article 196(b); |
| --- | --- |

(d)

for wines with a protected designation of origin or a protected geographical indication, traditional terms as referred to in Article 196(b);

| (e) | the Union symbol indicating the protected designation of origin or the protected geographical indication; |
| --- | --- |

(e)

the Union symbol indicating the protected designation of origin or the protected geographical indication;

| (f) | terms referring to certain production methods; |
| --- | --- |

(f)

terms referring to certain production methods;

| (g) | for wines bearing a protected designation of origin or a protected geographical indication, the name of another geographical unit that is smaller or larger than the area underlying the designation of origin or geographical indication. |
| --- | --- |

(g)

for wines bearing a protected designation of origin or a protected geographical indication, the name of another geographical unit that is smaller or larger than the area underlying the designation of origin or geographical indication.

2.   Without prejudice to Article 182(3), as regards the use of particulars referred to in paragraph 1(a) and (b) for wines without a protected designation of origin or a protected geographical indication:

| (a) | Member States shall introduce laws, regulations or administrative provisions to ensure certification, approval and verification procedures so as to guarantee the veracity of the information concerned; |
| --- | --- |

(a)

Member States shall introduce laws, regulations or administrative provisions to ensure certification, approval and verification procedures so as to guarantee the veracity of the information concerned;

| (b) | Member States may, on the basis of non-discriminatory and objective criteria and with due regard to loyal competition, for wine produced from wine grape varieties on their territory, draw up lists of excluded wine grape varieties, in particular if:






  (i) | there is a risk of confusion for consumers as to the true origin of the wine due to the fact that the given wine grape variety forms an integral part of an existing protected designation of origin or a protected geographical indication; |
| --- | --- | --- |

(b)

Member States may, on the basis of non-discriminatory and objective criteria and with due regard to loyal competition, for wine produced from wine grape varieties on their territory, draw up lists of excluded wine grape varieties, in particular if:

(i)

there is a risk of confusion for consumers as to the true origin of the wine due to the fact that the given wine grape variety forms an integral part of an existing protected designation of origin or a protected geographical indication;

| (ii) | the relevant checks would not be cost effective due to the fact that the given wine grape variety represents a very small part of the Member State vineyard; |
| --- | --- |

(ii)

the relevant checks would not be cost effective due to the fact that the given wine grape variety represents a very small part of the Member State vineyard;

| (c) | mixtures of wines from different Member States shall not give rise to labelling of the wine grape variety or varieties unless the Member States concerned agree otherwise and ensure the feasibility of the relevant certification, approval and verification procedures. |
| --- | --- |

(c)

mixtures of wines from different Member States shall not give rise to labelling of the wine grape variety or varieties unless the Member States concerned agree otherwise and ensure the feasibility of the relevant certification, approval and verification procedures.

Article 205

Languages

1.   Compulsory and optional particulars referred to in Articles 203 and 204 shall, where expressed in words, appear in one or more official language of the Union.

2.   Notwithstanding paragraph 1, the name of a protected designation of origin or a protected geographical indication or a traditional term as referred to in Article 196(a) shall appear on the label in the language or languages for which the protection applies.

In the case of protected designations of origin or protected geographical indications or national specific designations using a non-Latin alphabet, the name may also appear in one or more official languages of the Union.

Article 206

Enforcement

The competent authorities of the Member States shall take measures to ensure that a product referred to in Article 203(1) which is not labelled in conformity with this Section is not placed on, or is withdrawn from, the market.

Article 207

Delegated powers

1.   In order to ensure the conformity with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt definitions, rules and restrictions concerning:

| (a) | the presentation and use of labelling particulars other than those provided for in this Section; |
| --- | --- |

(a)

the presentation and use of labelling particulars other than those provided for in this Section;

| (b) | certain compulsory particulars, in particular:






  (i) | terms to be used to formulate the compulsory particulars and their conditions of use; |
| --- | --- | --- |

(b)

certain compulsory particulars, in particular:

(i)

terms to be used to formulate the compulsory particulars and their conditions of use;

| (ii) | terms referring to a holding and the conditions for their use; |
| --- | --- |

(ii)

terms referring to a holding and the conditions for their use;

| (iii) | provisions allowing the producing Member States to establish additional rules relating to compulsory particulars; |
| --- | --- |

(iii)

provisions allowing the producing Member States to establish additional rules relating to compulsory particulars;

| (iv) | provisions allowing further derogations in addition to those referred to in Article 203(2) as regards the omission of the reference to the category of the grapevine product; and |
| --- | --- |

(iv)

provisions allowing further derogations in addition to those referred to in Article 203(2) as regards the omission of the reference to the category of the grapevine product; and

| (v) | provisions on the use of languages; |
| --- | --- |

(v)

provisions on the use of languages;

| (c) | optional particulars, in particular:






  (i) | terms to be used to formulate the optional particulars and their conditions of use; |
| --- | --- | --- |

(c)

optional particulars, in particular:

(i)

terms to be used to formulate the optional particulars and their conditions of use;

| (ii) | provisions allowing the producing Member States to establish additional rules relating to optional particulars; |
| --- | --- |

(ii)

provisions allowing the producing Member States to establish additional rules relating to optional particulars;

| (d) | the presentation, in particular:






  (i) | the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes; |
| --- | --- | --- |

(d)

the presentation, in particular:

(i)

the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes;

| (ii) | the conditions of use of "sparkling wine"-type bottles and closures; |
| --- | --- |

(ii)

the conditions of use of "sparkling wine"-type bottles and closures;

| (iii) | provisions allowing the producing Member States to establish additional rules relating to presentation; |
| --- | --- |

(iii)

provisions allowing the producing Member States to establish additional rules relating to presentation;

| (iv) | provisions on the use of languages. |
| --- | --- |

(iv)

provisions on the use of languages.

2.   In order to ensure the efficiency of the certification, approval and verification procedures provided for in this Section, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the necessary measures in this respect.

3.   In order to ensure the legitimate interests of operators, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication concerned meet the requirements as referred to in Article 178(5).

4.   In order to ensure that economic operators are not prejudiced, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt transitional provisions as regards wine placed on the market and labelled before 1 August 2009.

5.   In order to prevent the marketing in the Union or the export of products not labelled in conformity with this Section, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , define the actions to be implemented by the Member States in this respect.

6.   In order to take account of the specificities in trade between the Union and certain third countries, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt derogations from this Section.

Article 208

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Section concerning procedures, notifications and technical criteria.

CHAPTER II

Producer organisations, producer groups, interbranch organisations, operator organisations

Section I

General principles

Article 209

Producer organisations

Member States shall recognise producer organisations, which:

| (a) | are constituted by producers of one of the following sectors:






  (i) | hops; |
| --- | --- | --- |

(a)

are constituted by producers of one of the following sectors:

(i)

hops;

| (ii) | olive oil and table olives; |
| --- | --- |

(ii)

olive oil and table olives;

| (iii) | fruit and vegetables in respect of farmers growing one or more products of that sector and/or of such products solely intended for processing; |
| --- | --- |

(iii)

fruit and vegetables in respect of farmers growing one or more products of that sector and/or of such products solely intended for processing;

| (iv) | milk and milk products;] |
| --- | --- |

(iv)

milk and milk products;]

| (v) | silkworms; |
| --- | --- |

(v)

silkworms;

| (b) | are formed on the initiative of the producers; |
| --- | --- |

(b)

are formed on the initiative of the producers;

| (c) | pursue a specific aim which may in particular, or as regards the fruit and vegetables sector shall, include one or more of the following objectives:






  (i) | ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity; |
| --- | --- | --- |

(c)

pursue a specific aim which may in particular, or as regards the fruit and vegetables sector shall, include one or more of the following objectives:

(i)

ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

| (ii) | concentration of supply and the placing on the market of the products produced by its members; |
| --- | --- |

(ii)

concentration of supply and the placing on the market of the products produced by its members;

| (iii) | optimising production costs and stabilising producer prices. |
| --- | --- |

(iii)

optimising production costs and stabilising producer prices.

Member States may also recognise producer organisations constituted by producers in any sector referred to in Article 1, other than those sectors referred to in point (a) of the first paragraph, on the conditions set out in points (b) and (c) of that paragraph.

Member States may, as regards the wine sector, recognise producer organisations under the same conditions as those set out in points (b) and (c) of the first paragraph and which apply rules of association which require their members, in particular, to:

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

(a)

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

| (b) | provide the information requested by the producer organisation for statistical purposes, in particular on growing areas and market evolution; |
| --- | --- |

(b)

provide the information requested by the producer organisation for statistical purposes, in particular on growing areas and market evolution;

| (c) | pay penalties for infringement of obligations under the rules of association. |
| --- | --- |

(c)

pay penalties for infringement of obligations under the rules of association.

The following specific aims within the meaning of point (c) of the first paragraph may be pursued, in particular, in the wine sector:

| (a) | promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques; |
| --- | --- |

(a)

promoting and providing technical assistance for the use of environmentally sound cultivation practices and production techniques;

| (b) | promoting initiatives for the management of by-products of wine making and the management of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; |
| --- | --- |

(b)

promoting initiatives for the management of by-products of wine making and the management of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;

| (c) | carrying out research into sustainable production methods and market developments; |
| --- | --- |

(c)

carrying out research into sustainable production methods and market developments;

| (d) | contributing to the achievement of support programmes as referred to in Section VII of Chapter IV of Title I of this Part. |
| --- | --- |

(d)

contributing to the achievement of support programmes as referred to in Section VII of Chapter IV of Title I of this Part.

Article 210

Interbranch organisations

1.   Member States shall recognise interbranch organisations which:

| (a) | are made up of representatives of economic activities linked to the production of, trade in, and/or processing of products in the following sectors:






  (i) | the olive oil and table olives sector; |
| --- | --- | --- |

(a)

are made up of representatives of economic activities linked to the production of, trade in, and/or processing of products in the following sectors:

(i)

the olive oil and table olives sector;

| (ii) | the tobacco sector; |
| --- | --- |

(ii)

the tobacco sector;

| (b) | are formed on the initiative of all or some of the organisations or associations which constitute them; |
| --- | --- |

(b)

are formed on the initiative of all or some of the organisations or associations which constitute them;

| (c) | pursue a specific aim, which may, in particular relate to:






  (i) | concentrating and coordinating supply and marketing of the produce of the members; |
| --- | --- | --- |

(c)

pursue a specific aim, which may, in particular relate to:

(i)

concentrating and coordinating supply and marketing of the produce of the members;

| (ii) | adapting production and processing jointly to the requirements of the market and improving the product; |
| --- | --- |

(ii)

adapting production and processing jointly to the requirements of the market and improving the product;

| (iii) | promoting the rationalisation and improvement of production and processing; |
| --- | --- |

(iii)

promoting the rationalisation and improvement of production and processing;

| (iv) | carrying out research into sustainable production methods and market developments. |
| --- | --- |

(iv)

carrying out research into sustainable production methods and market developments.

2.   Where interbranch organisations referred to in paragraph 1 carry out their activities in the territories of several Member States, recognition shall be granted by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  .

3.   Further to paragraph 1, Member States shall, with regard to the fruit and vegetables sector, and may, with regard to the wine sector, also recognise interbranch organisations which:

| (a) | are made up of representatives of economic activities linked to the production of, trade in, or processing of the products of the sectors referred to in the introductory words; |
| --- | --- |

(a)

are made up of representatives of economic activities linked to the production of, trade in, or processing of the products of the sectors referred to in the introductory words;

| (b) | are formed on the initiative of all or some of the representatives referred to in point (a); |
| --- | --- |

(b)

are formed on the initiative of all or some of the representatives referred to in point (a);

| (c) | carry out one, and in the case of the fruit and vegetables sector, two or more, of the following activities in one or more regions of the Union, taking into account the interests of consumers, and, without prejudice to other sectors, in the wine sector taking into account public health and the interests of consumers:






  (i) | improving knowledge and the transparency of production and the market; |
| --- | --- | --- |

(c)

carry out one, and in the case of the fruit and vegetables sector, two or more, of the following activities in one or more regions of the Union, taking into account the interests of consumers, and, without prejudice to other sectors, in the wine sector taking into account public health and the interests of consumers:

(i)

improving knowledge and the transparency of production and the market;

| (ii) | helping to coordinate better the way the products of the fruit and vegetables and the wine sectors are placed on the market, in particular by means of research and market studies; |
| --- | --- |

(ii)

helping to coordinate better the way the products of the fruit and vegetables and the wine sectors are placed on the market, in particular by means of research and market studies;

| (iii) | drawing up standard forms of contract compatible with Union rules; |
| --- | --- |

(iii)

drawing up standard forms of contract compatible with Union rules;

| (iv) | exploiting to a fuller extent the potential of the fruit and vegetables produced, and the potential of production in the wine sector; |
| --- | --- |

(iv)

exploiting to a fuller extent the potential of the fruit and vegetables produced, and the potential of production in the wine sector;

| (v) | providing the information and carrying out the research necessary to adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment; |
| --- | --- |

(v)

providing the information and carrying out the research necessary to adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment;

| (vi) | seeking ways of restricting the use of plant-health products and other inputs and ensuring product quality and soil and water conservation; |
| --- | --- |

(vi)

seeking ways of restricting the use of plant-health products and other inputs and ensuring product quality and soil and water conservation;

| (vii) | developing methods and instruments for improving product quality at all stages of production and marketing and, as regards the wine sector, also vinification; |
| --- | --- |

(vii)

developing methods and instruments for improving product quality at all stages of production and marketing and, as regards the wine sector, also vinification;

| (viii) | exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications; |
| --- | --- |

(viii)

exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications;

| (ix) | promoting integrated production or other environmentally sound production methods; |
| --- | --- |

(ix)

promoting integrated production or other environmentally sound production methods;

| (x) | with regard to the fruit and vegetables sector, laying down rules, as regards the production and marketing rules referred to in points 2 and 3 of Annex XIV, which are stricter than Union or national rules; |
| --- | --- |

(x)

with regard to the fruit and vegetables sector, laying down rules, as regards the production and marketing rules referred to in points 2 and 3 of Annex XIV, which are stricter than Union or national rules;

| (xi) | with regard to the wine sector:






  — | providing information on particular characteristics of wine with a protected designation of origin or a protected geographical indication, |
| --- | --- | --- |

(xi)

with regard to the wine sector:

—

providing information on particular characteristics of wine with a protected designation of origin or a protected geographical indication,

| — | encouraging moderate and responsible consumption of wine and informing on the harm linked to hazardous consumption patterns, |
| --- | --- |

—

encouraging moderate and responsible consumption of wine and informing on the harm linked to hazardous consumption patterns,

| — | carrying out promotion actions for wine, especially in third countries. |
| --- | --- |

—

carrying out promotion actions for wine, especially in third countries.

4.   Member States may also recognise inter-branch organisations which:

| (a) | are made up of representatives of economic activities linked to the production of, trade in, or processing of products of the milk and milk products sector; |
| --- | --- |

(a)

are made up of representatives of economic activities linked to the production of, trade in, or processing of products of the milk and milk products sector;

| (b) | are formed on the initiative of all or some of the representatives referred to in point (a); |
| --- | --- |

(b)

are formed on the initiative of all or some of the representatives referred to in point (a);

| (c) | carry out one or more of the following activities in one or more regions of the Union, taking into account the interests of consumers:






  (i) | improving knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional or national level; |
| --- | --- | --- |

(c)

carry out one or more of the following activities in one or more regions of the Union, taking into account the interests of consumers:

(i)

improving knowledge and the transparency of production and the market, including by publication of statistical data on the prices, volumes and durations of contracts for the delivery of raw milk which have been previously concluded, and by providing analyses of potential future market developments at regional or national level;

| (ii) | helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies; |
| --- | --- |

(ii)

helping to coordinate better the way the products of the milk and milk products sector are placed on the market, in particular by means of research and market studies;

| (iii) | drawing up standard forms of contract compatible with Union rules; |
| --- | --- |

(iii)

drawing up standard forms of contract compatible with Union rules;

| (iv) | providing the information and carrying out the research necessary to adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment; |
| --- | --- |

(iv)

providing the information and carrying out the research necessary to adjust production towards products more suited to market requirements and consumer tastes and expectations, in particular with regard to product quality and protection of the environment;

| (v) | seeking ways of restricting the use of animal-health products and other inputs; |
| --- | --- |

(v)

seeking ways of restricting the use of animal-health products and other inputs;

| (vi) | developing methods and instruments for improving product quality at all stages of production and marketing; |
| --- | --- |

(vi)

developing methods and instruments for improving product quality at all stages of production and marketing;

| (vii) | exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications; and |
| --- | --- |

(vii)

exploiting the potential of organic farming and protecting and promoting such farming as well as designations of origin, quality labels and geographical indications; and

| (viii) | promoting integrated production or other environmentally sound production methods. |
| --- | --- |

(viii)

promoting integrated production or other environmentally sound production methods.

Article 211

Common provisions concerning producer and interbranch organisations

1.   Article 209 and Article 210(1) shall apply without prejudice to the recognition, decided by Member States on the basis of national law and in compliance with Union law, of producer organisations or interbranch organisations respectively, in any sector referred to in Article 1 except for the sectors referred to in point (a) of the first paragraph of Article 209 and in Article 210(1).

2.   Producer organisations recognised or approved in accordance with Regulations (EEC) No 707/76 (41), (EC) No 865/2004 (42) and (EC) No 1952/2005 (43) shall be considered as recognised producer organisations under Article 209 of this Regulation.

Interbranch organisations recognised or approved in accordance with Regulations (EEC) No 2077/92 (44) and (EC) No 865/2004 shall be considered recognised interbranch organisations under Article 210 of this Regulation.

Article 212

Operator organisations

For the purposes of this Regulation, operator organisations shall comprise recognised producer organisations, recognised interbranch organisations or recognised organisations of other operators in the olive oil and table olives sector or their associations.

Section II

Rules concerning producer and interbranch organisations and producer groups in the fruit and vegetables sector

Subsection I

Rules of association and recognition of producer organisations

Article 213

Rules of association of producer organisations

1.   The rules of association of a producer organisation in the fruit and vegetables sector shall require its producer members, in particular, to:

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

(a)

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

| (b) | belong to only one producer organisation in respect of a given holding's production of any given product referred to in point (a)(iii) of the first paragraph of Article 209; |
| --- | --- |

(b)

belong to only one producer organisation in respect of a given holding's production of any given product referred to in point (a)(iii) of the first paragraph of Article 209;

| (c) | market their entire production concerned through the producer organisation; |
| --- | --- |

(c)

market their entire production concerned through the producer organisation;

| (d) | provide the information requested by the producer organisation for statistical purposes, in particular on growing areas, quantities cropped, yields and direct sales; |
| --- | --- |

(d)

provide the information requested by the producer organisation for statistical purposes, in particular on growing areas, quantities cropped, yields and direct sales;

| (e) | pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 120. |
| --- | --- |

(e)

pay the financial contributions provided for in its rules of association for the establishment and replenishment of the operational fund provided for in Article 120.

2.   Notwithstanding paragraph 1(c), where the producer organisation so authorises and where this is in compliance with the terms and conditions laid down by the producer organisation, the producer members may:

| (a) | sell no more than a fixed percentage of their production and/or products directly on their holdings and/or outside their holdings to consumers for their personal needs, such percentages being fixed by Member States at not less than 10 %; |
| --- | --- |

(a)

sell no more than a fixed percentage of their production and/or products directly on their holdings and/or outside their holdings to consumers for their personal needs, such percentages being fixed by Member States at not less than 10 %;

| (b) | market themselves or through another producer organisation designated by their own organisation, quantities of products which are marginal in relation to the volume of marketable production of their organisation; |
| --- | --- |

(b)

market themselves or through another producer organisation designated by their own organisation, quantities of products which are marginal in relation to the volume of marketable production of their organisation;

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

(c)

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

3.   The rules of association of a producer organisation shall also provide for:

| (a) | procedures for determining, adopting and amending the rules referred to in paragraph 1; |
| --- | --- |

(a)

procedures for determining, adopting and amending the rules referred to in paragraph 1;

| (b) | the imposition on members of financial contributions needed to finance the producer organisation; |
| --- | --- |

(b)

the imposition on members of financial contributions needed to finance the producer organisation;

| (c) | rules enabling the producer members to scrutinise democratically their organisation and its decisions; |
| --- | --- |

(c)

rules enabling the producer members to scrutinise democratically their organisation and its decisions;

| (d) | penalties for infringement of obligations under the rules of association, particularly non-payment of financial contributions, or of the rules laid down by the producer organisation; |
| --- | --- |

(d)

penalties for infringement of obligations under the rules of association, particularly non-payment of financial contributions, or of the rules laid down by the producer organisation;

| (e) | rules on the admission of new members, particularly a minimum membership period; |
| --- | --- |

(e)

rules on the admission of new members, particularly a minimum membership period;

| (f) | the accounting and budgetary rules necessary for the operation of the organisation. |
| --- | --- |

(f)

the accounting and budgetary rules necessary for the operation of the organisation.

4.   Producer organisations in the fruit and vegetables sector shall be deemed as acting in the name of, and on behalf of, their members in economic matters.

Article 214

Recognition

1.   Member States shall recognise as producer organisations in the fruit and vegetables sector all legal entities or clearly defined parts of legal entities applying for such recognition, provided that:

| (a) | they have the objective of the use of environmentally sound cultivation practices, production techniques and waste management practices in particular to protect the quality of water, soil and landscape and preserve or encourage biodiversity and meet the requirements laid down in Articles 209 and 213 and provide the relevant evidence therefore; |
| --- | --- |

(a)

they have the objective of the use of environmentally sound cultivation practices, production techniques and waste management practices in particular to protect the quality of water, soil and landscape and preserve or encourage biodiversity and meet the requirements laid down in Articles 209 and 213 and provide the relevant evidence therefore;

| (b) | they have a minimum number of members and cover a minimum volume or value of marketable production to be laid down by Member States, and provide the relevant evidence therefore; |
| --- | --- |

(b)

they have a minimum number of members and cover a minimum volume or value of marketable production to be laid down by Member States, and provide the relevant evidence therefore;

| (c) | there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply, to which end Member States may decide which of the products, or groups of products referred to in point (a)(iii) of the first paragraph of Article 209 should be covered by the producer organisation; |
| --- | --- |

(c)

there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply, to which end Member States may decide which of the products, or groups of products referred to in point (a)(iii) of the first paragraph of Article 209 should be covered by the producer organisation;

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

(d)

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

| (e) | they effectively provide their members, where necessary, with the technical means for collecting, storing, packaging and marketing their produce; |
| --- | --- |

(e)

they effectively provide their members, where necessary, with the technical means for collecting, storing, packaging and marketing their produce;

| (f) | they ensure proper commercial and accounting management of their activities; and |
| --- | --- |

(f)

they ensure proper commercial and accounting management of their activities; and

| (g) | they do not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty. |
| --- | --- |

(g)

they do not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty.

2.   Member States shall:

| (a) | decide whether to grant recognition to a producer organisation within three months of the lodging of an application accompanied by all the relevant evidence; |
| --- | --- |

(a)

decide whether to grant recognition to a producer organisation within three months of the lodging of an application accompanied by all the relevant evidence;

| (b) | carry out checks at regular intervals to ascertain that producer organisations comply with this Chapter, impose the penalties on such organisations in the event of non-compliance or irregularities concerning the provisions of this Regulation and decide, where necessary, to withdraw recognition; |
| --- | --- |

(b)

carry out checks at regular intervals to ascertain that producer organisations comply with this Chapter, impose the penalties on such organisations in the event of non-compliance or irregularities concerning the provisions of this Regulation and decide, where necessary, to withdraw recognition;

| (c) | notify the Commission, once per year, of every decision to grant, refuse or withdraw recognition. |
| --- | --- |

(c)

notify the Commission, once per year, of every decision to grant, refuse or withdraw recognition.

Subsection II

Association of producer organisations and producer groups

Article 215

Association of producer organisations in the fruit and vegetables sector

An association of producer organisations in the fruit and vegetables sector shall be formed on the initiative of recognised producer organisations and may carry out any of the activities of a producer organisation referred to in this Regulation. To this end, Member States may recognise, on request, an association of producer organisations where:

| (a) | the Member State considers that the association is capable of effectively carrying out those activities; and |
| --- | --- |

(a)

the Member State considers that the association is capable of effectively carrying out those activities; and

| (b) | the association does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty. |
| --- | --- |

(b)

the association does not hold a dominant position on a given market unless this is necessary in pursuance of the objectives of Article 39 of the Treaty.

Article 213(4) shall apply mutatis mutandis.

Article 216

Outsourcing

Member States may permit a recognised producer organisation in the fruit and vegetables sector or a recognised association of producer organisations in that sector to outsource any of its activities, including to subsidiaries, provided that it provides sufficient evidence to the Member State that doing so is an appropriate way to achieve the objectives of the producer organisation or association of producer organisations concerned.

Article 217

Producer groups in the fruit and vegetables sector

1.   In Member States which acceded to the European Union on 1 May 2004 or thereafter, or in the outermost regions of the Union as referred to in Article 349(2) of the Treaty, or in the smaller Aegean Islands as referred to in Article 1(2) of Regulation (EC) No 1405/2006, producer groups may be formed as a legal entity or clearly defined part of a legal entity, on the initiative of farmers who are growers of one or more products of the fruit and vegetables sector and/or of such products solely intended for processing, with a view to being recognised as a producer organisation.

Such producer groups may be allowed a transitional period in which to meet the conditions for recognition as a producer organisation in accordance with Article 209.

In order to qualify, those producer groups shall present a phased recognition plan to the relevant Member State, acceptance of which shall signal the start of the transitional period referred to in the second subparagraph and shall constitute a preliminary recognition. The transitional period shall be no more than five years long.

2.   Before acceptance of the recognition plan, Member States shall inform the Commission of their intentions and the likely financial implications thereof.

Subsection III

Extension of rules to producers in an economic area

Article 218

Extension of rules

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

| (a) | the rules referred to in Article 213(1)(a); |
| --- | --- |

(a)

the rules referred to in Article 213(1)(a);

| (b) | the rules required to implement the measures referred to in Article 121(2)(c). |
| --- | --- |

(b)

the rules required to implement the measures referred to in Article 121(2)(c).

The first subparagraph shall apply on condition that those rules:

| (a) | have been in force for at least one marketing year; |
| --- | --- |

(a)

have been in force for at least one marketing year;

| (b) | are included in the exhaustive list in Annex XIV; |
| --- | --- |

(b)

are included in the exhaustive list in Annex XIV;

| (c) | are made binding for no more than three marketing years. |
| --- | --- |

(c)

are made binding for no more than three marketing years.

However, the condition referred to in point (a) of the second subparagraph shall not apply if the rules concerned are those listed in points 1, 3 and 5 of Annex XIV. In this case, the extension of rules may not apply for more than one marketing year.

2.   For the purposes of this Subsection, “economic area” means a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous.

Member States shall notify a list of economic areas to the Commission.

Within one month of notification, the Commission shall, by means of an implementing act without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , approve the list or shall, after consultation with the Member State concerned, decide on the amendments which the latter must make to it. The Commission shall make the approved list publicly available by the methods it considers appropriate.

3.   A producer organisation shall be deemed representative within the meaning of paragraph 1 where its members account for at least 50 % of the producers in the economic area in which it operates and it covers at least 60 % of the volume of production of that area. Without prejudice to paragraph 5, in calculating these percentages account shall not be taken of producers or production of organic products covered, until 31 December 2008, by Regulation (EEC) No 2092/91 (45) and, from 1 January 2009, by Regulation (EC) No 834/2007 (46).

4.   The rules which are made binding on all producers in a specific economic area:

| (a) | shall not cause any damage to other producers in the Member State concerned or in the Union; |
| --- | --- |

(a)

shall not cause any damage to other producers in the Member State concerned or in the Union;

| (b) | shall not apply, unless they expressly cover them, to products delivered for processing under a contract signed before the beginning of the marketing year, with the exception of the rules on production reporting referred to in Article 213(1)(a); |
| --- | --- |

(b)

shall not apply, unless they expressly cover them, to products delivered for processing under a contract signed before the beginning of the marketing year, with the exception of the rules on production reporting referred to in Article 213(1)(a);

| (c) | shall not be incompatible with Union and national rules in force. |
| --- | --- |

(c)

shall not be incompatible with Union and national rules in force.

5.   Rules may not be made binding on producers of organic products covered, until 31 December 2008, by Regulation (EEC) No 2092/91 and, from 1 January 2009, by Regulation (EC) No 834/2007 unless such a measure has been agreed to by at least 50 % of such producers in the economic area in which the producer organisation operates and that organisation covers at least 60 % of such production of that area.

Article 219

Notification

Member States shall notify the Commission forthwith of the rules which they have made binding on all producers in a specific economic area pursuant to Article 218(1). The Commission shall make those rules publicly available by the methods it considers appropriate.

Article 220

Repeal of the extension of rules

The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , decide that a Member State shall repeal an extension of the rules decided on by that Member State pursuant to Article 218(1):

| (a) | where it finds that the extension in question to other producers excludes competition in a substantial part of the internal market or jeopardises free trade, or that the objectives of Article 39 of the Treaty are endangered; |
| --- | --- |

(a)

where it finds that the extension in question to other producers excludes competition in a substantial part of the internal market or jeopardises free trade, or that the objectives of Article 39 of the Treaty are endangered;

| (b) | where it finds that Article 101(1) of the Treaty applies to the rules extended to other producers. The Commission’s decision with regard to those rules shall apply only from the date of such a finding; |
| --- | --- |

(b)

where it finds that Article 101(1) of the Treaty applies to the rules extended to other producers. The Commission’s decision with regard to those rules shall apply only from the date of such a finding;

| (c) | where it finds after checks that this Subsection has not been complied with. |
| --- | --- |

(c)

where it finds after checks that this Subsection has not been complied with.

Article 221

Financial contributions of non-member producers

Where Article 218(1) is applied, the Member State concerned may decide, on scrutiny of evidence presented, that non-member producers shall be liable to the producer organisation for the part of the financial contributions paid by the producer members, insofar as these are used to cover:

| (a) | administrative costs resulting from applying the rules referred to in Article 218(1); |
| --- | --- |

(a)

administrative costs resulting from applying the rules referred to in Article 218(1);

| (b) | the cost of research, market studies and sales promotion undertaken by the organisation or association and benefiting all producers in the area. |
| --- | --- |

(b)

the cost of research, market studies and sales promotion undertaken by the organisation or association and benefiting all producers in the area.

Article 222

Extension of rules of associations of producer organisations

For the purposes of this Subsection, any reference to producer organisations shall also be construed as a reference to recognised associations of producer organisations.

Subsection IV

Interbranch organisations in the fruit and vegetables sector

Article 223

Recognition and withdrawal of recognition

1.   If warranted by the Member State’s structures, Member States may recognise as interbranch organisations in the fruit and vegetables sector all legal entities established on their territory which make an appropriate application, on condition that:

| (a) | they carry out their activity in one or more regions in the Member State concerned; |
| --- | --- |

(a)

they carry out their activity in one or more regions in the Member State concerned;

| (b) | they represent a significant share of the production of, trade in and/or processing of fruit and vegetables and products processed from fruit and vegetables in the region or regions in question and, where more than one region is involved, they can demonstrate a minimum level of representativeness in each region for each of the branches that they group; |
| --- | --- |

(b)

they represent a significant share of the production of, trade in and/or processing of fruit and vegetables and products processed from fruit and vegetables in the region or regions in question and, where more than one region is involved, they can demonstrate a minimum level of representativeness in each region for each of the branches that they group;

| (c) | they carry out two or more of the activities referred to in Article 210(3)(c); |
| --- | --- |

(c)

they carry out two or more of the activities referred to in Article 210(3)(c);

| (d) | they are not themselves engaged in the production or processing or marketing of fruit and vegetables or products processed from fruit and vegetables; |
| --- | --- |

(d)

they are not themselves engaged in the production or processing or marketing of fruit and vegetables or products processed from fruit and vegetables;

| (e) | they do not engage in any of the agreements, decisions and concerted practices referred to in Article 285(4). |
| --- | --- |

(e)

they do not engage in any of the agreements, decisions and concerted practices referred to in Article 285(4).

2.   Before granting recognition Member States shall notify the Commission of the interbranch organisations which have applied for recognition, providing all relevant information about their representativeness and their various activities, together with all other information needed for an assessment.

The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , object to recognition within a time limit of two months after notification.

3.   Member States shall:

| (a) | decide whether to grant recognition within three months of the lodging of an application with all relevant supporting documents; |
| --- | --- |

(a)

decide whether to grant recognition within three months of the lodging of an application with all relevant supporting documents;

| (b) | carry out checks at regular intervals to ascertain that interbranch organisations comply with the terms and conditions for recognition, impose the penalties on such organisations in the event of non-compliance or irregularities concerning the provisions of this Regulation and decide, where necessary, to withdraw recognition; |
| --- | --- |

(b)

carry out checks at regular intervals to ascertain that interbranch organisations comply with the terms and conditions for recognition, impose the penalties on such organisations in the event of non-compliance or irregularities concerning the provisions of this Regulation and decide, where necessary, to withdraw recognition;

| (c) | withdraw recognition if:






  (i) | the requirements and conditions for recognition laid down in this Subsection are no longer met; |
| --- | --- | --- |

(c)

withdraw recognition if:

(i)

the requirements and conditions for recognition laid down in this Subsection are no longer met;

| (ii) | the interbranch organisation engages in any of the agreements, decisions and concerted practices referred to in Article 285(4), without prejudice to any other penalties to be imposed pursuant to national law; |
| --- | --- |

(ii)

the interbranch organisation engages in any of the agreements, decisions and concerted practices referred to in Article 285(4), without prejudice to any other penalties to be imposed pursuant to national law;

| (iii) | the interbranch organisation fails to comply with the notification obligation referred to in Article 285(2); |
| --- | --- |

(iii)

the interbranch organisation fails to comply with the notification obligation referred to in Article 285(2);

| (d) | notify the Commission, within two months, of any decision to grant, refuse or withdraw recognition. |
| --- | --- |

(d)

notify the Commission, within two months, of any decision to grant, refuse or withdraw recognition.

4.   Recognition shall constitute an authorisation to carry out the activities listed in Article 210(3)(c), subject to the terms of this Regulation.

5.   The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , lay down the terms and conditions on which and the frequency with which the Member States are to report to the Commission on the activities of interbranch organisations.

6.   The Commission may, as a result of checks, request a Member State, by means of an implementing act without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , to withdraw recognition.

7.   The Commission shall make publicly available a list of recognised interbranch organisations, by the methods it considers appropriate, indicating the economic sphere or the area of their activities and the activities carried out within the meaning of Article 224. Withdrawals of recognition shall also be made publicly available.

Article 224

Extension of rules

1.   In cases where an interbranch organisation operating in a specific region or regions of a Member State is considered to be representative of the production of or trade in or processing of a given product, the Member State concerned may, at the request of that interbranch organisation, make binding some of the agreements, decisions or concerted practices agreed on within that organisation for a limited period on other operators operating in the region or regions in question, whether individuals or groups, who do not belong to the organisation.

2.   An interbranch organisation shall be deemed representative within the meaning of paragraph 1 where it accounts for at least two thirds of the production or trade in or processing of the product or products concerned in the region or regions concerned of a Member State. Where the application for extension of its rules to other operators covers more than one region, the interbranch organisation must demonstrate a minimum level of representativeness for each of the branches it groups in each of the regions concerned.

3.   The rules for which extension to other operators may be requested:

| (a) | shall have one of the following aims:






  (i) | production and market reporting; |
| --- | --- | --- |

(a)

shall have one of the following aims:

(i)

production and market reporting;

| (ii) | stricter production rules than those laid down in Union or national rules; |
| --- | --- |

(ii)

stricter production rules than those laid down in Union or national rules;

| (iii) | drawing up of standard contracts which are compatible with Union rules; |
| --- | --- |

(iii)

drawing up of standard contracts which are compatible with Union rules;

| (iv) | rules on marketing; |
| --- | --- |

(iv)

rules on marketing;

| (v) | rules on protecting the environment; |
| --- | --- |

(v)

rules on protecting the environment;

| (vi) | measures to promote and exploit the potential of products; |
| --- | --- |

(vi)

measures to promote and exploit the potential of products;

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

(vii)

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

| (b) | shall have been in force for at least one marketing year; |
| --- | --- |

(b)

shall have been in force for at least one marketing year;

| (c) | may be made binding for no more than three marketing years; |
| --- | --- |

(c)

may be made binding for no more than three marketing years;

| (d) | shall not cause any damage to other operators in the Member State concerned or the Union. |
| --- | --- |

(d)

shall not cause any damage to other operators in the Member State concerned or the Union.

However, the condition referred to in point (b) of the first subparagraph shall not apply if the rules concerned are those listed in points 1, 3 and 5 of Annex XIV. In this case, the extension of rules may not apply for more than one marketing year.

4.   The rules referred to in points (a)(ii), (iv) and (v) of the first subparagraph of paragraph 3 shall not be other than those set out in Annex XIV. The rules referred to in point (a)(ii) of the first subparagraph of paragraph 3 shall not apply to products which were produced outside the specific region or regions referred to in paragraph 1.

Article 225

Notification and repeal of the extension of rules

1.   Member States shall notify the Commission forthwith of the rules which they have made binding on all operators in one or more specific regions pursuant to Article 224(1). The Commission shall make those rules publicly available by the methods it considers appropriate.

2.   Before the rules are made publicly available, the Commission shall inform the Committee referred to in Article 323(1) of any notification of the extension of interbranch agreements.

3.   The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , decide that a Member State must repeal an extension of the rules decided on by that Member State in the cases referred to in Article 220.

Article 226

Financial contributions of non-members

In cases where rules for one or more products are extended and where one or more of the activities referred to in Article 224(3)(a) are pursued by a recognised interbranch organisation and are in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition may decide that individuals or groups which are not members of the interbranch organisation but which benefit from those activities shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.

Section III

Rules concerning producer and interbranch organisations in the wine sector

Article 227

Recognition

1.   Member States may recognise producer and interbranch organisations which have lodged an application for recognition with the Member State concerned and the application contains evidence that the entity:

| (a) | as regards producer organisations:






  (i) | meets the requirements laid down in Article 209; |
| --- | --- | --- |

(a)

as regards producer organisations:

(i)

meets the requirements laid down in Article 209;

| (ii) | has a minimum number of members, to be laid down by the Member State concerned; |
| --- | --- |

(ii)

has a minimum number of members, to be laid down by the Member State concerned;

| (iii) | covers a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where the organisation operates; |
| --- | --- |

(iii)

covers a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where the organisation operates;

| (iv) | can carry out its activities properly, both over time and in terms of effectiveness and concentration of supply; |
| --- | --- |

(iv)

can carry out its activities properly, both over time and in terms of effectiveness and concentration of supply;

| (v) | effectively enables its members to obtain technical assistance in using environmentally sound cultivation practices; |
| --- | --- |

(v)

effectively enables its members to obtain technical assistance in using environmentally sound cultivation practices;

| (b) | as regards interbranch organisations:






  (i) | meets the requirements laid down in Article 210(3); |
| --- | --- | --- |

(b)

as regards interbranch organisations:

(i)

meets the requirements laid down in Article 210(3);

| (ii) | carries out its activities in one or more regions in the territory concerned; |
| --- | --- |

(ii)

carries out its activities in one or more regions in the territory concerned;

| (iii) | represents a significant share of the production of, or trade in, products covered by this Regulation; |
| --- | --- |

(iii)

represents a significant share of the production of, or trade in, products covered by this Regulation;

| (iv) | does not engage in the production, processing or marketing of products of the wine sector. |
| --- | --- |

(iv)

does not engage in the production, processing or marketing of products of the wine sector.

2.   Producer organisations recognised in accordance with Regulation (EC) No 1493/1999 shall be considered as recognised producer organisations under this Article.

Organisations meeting the criteria set out in Article 210(3) and of paragraph (1)(b) of this Article, which have been recognised by Member States, shall be considered as recognised interbranch organisations under those provisions.

3.   Articles 214(2) and 223(3) shall apply mutatis mutandis to producer and interbranch organisations respectively in the wine sector. However:

| (a) | the periods referred to in Article 214(2)(a) and in Article 223(3)(a) respectively shall be four months; |
| --- | --- |

(a)

the periods referred to in Article 214(2)(a) and in Article 223(3)(a) respectively shall be four months;

| (b) | the applications for recognition referred to in Article 214(2)(a) and Article 223(3)(a) shall be lodged with the Member State where the organisation has its headquarters; |
| --- | --- |

(b)

the applications for recognition referred to in Article 214(2)(a) and Article 223(3)(a) shall be lodged with the Member State where the organisation has its headquarters;

| (c) | the annual notifications referred to in Article 214(2)(c) and Article 223(3)(d) respectively shall be made by 1 March each year. |
| --- | --- |

(c)

the annual notifications referred to in Article 214(2)(c) and Article 223(3)(d) respectively shall be made by 1 March each year.

Section IV

Rules concerning interbranch organisations in the tobacco sector

Article 228

Payment of subscription by non-members

1.   Where one or more of the activities referred to in paragraph 2 is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition, or
  where recognition has been granted by the Commission
  , the Commission,
  by means of implementing acts adopted
  without the assistance of the Committee referred to in Article 323(1), where recognition has been granted by the Commission,

  application of Article 323,
  may decide that individuals or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the subscriptions paid by its members to the extent that such subscriptions are intended to cover costs, other than administrative costs of any description, directly incurred as a result of pursuing the activities in question. [Am. 29]

2.   The activities referred to in paragraph 1 shall relate to one of the following objectives:

| (a) | research to add value to the products, in particular through new uses which do not pose a threat to public health; |
| --- | --- |

(a)

research to add value to the products, in particular through new uses which do not pose a threat to public health;

| (b) | studies to improve the quality of leaf or baled tobacco; |
| --- | --- |

(b)

studies to improve the quality of leaf or baled tobacco;

| (c) | research into methods of cultivation permitting reduced use of plant health products and guaranteeing conservation of the soil and the environment. |
| --- | --- |

(c)

research into methods of cultivation permitting reduced use of plant health products and guaranteeing conservation of the soil and the environment.

3.   The Member States concerned shall notify the Commission of decisions which they intend to take under paragraph 1. Such decisions may not apply before the expiry of a three month period starting from the date of notification to the Commission. Within that three month period the Commission may, by means of an implementing act without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , call for the rejection of all or part of the draft decision if the general economic interest put forward does not appear to be well founded.

4.   Where the activities of an interbranch organisation recognised by the Commission, in accordance with this Chapter are in the general economic interest, the Commission shall notify its draft decision to the Member States concerned, who shall then have two months to make their comments.

Section V

Producer organisations in the milk and milk products sector

Article 229

Contractual negotiations in the milk and milk products sector

1.   Contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the second subparagraph of Article 311(1), may be negotiated by a producer organisation in the milk and milk products sector which is recognised under Article 209, on behalf of its farmer members for part or all of their joint production.

2.   The negotiation by the producer organisation may take place:

| (a) | whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation, |
| --- | --- |

(a)

whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation,

| (b) | whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members, |
| --- | --- |

(b)

whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members,

| (c) | provided that the total volume of raw milk covered by such negotiations by a particular producer organisation does not exceed:






  (i) | 3,5 % of total Union production, and |
| --- | --- | --- |

(c)

provided that the total volume of raw milk covered by such negotiations by a particular producer organisation does not exceed:

(i)

3,5 % of total Union production, and

| (ii) | 33 % of the total national production of any particular Member State covered by such negotiations by that producer organisation, and |
| --- | --- |

(ii)

33 % of the total national production of any particular Member State covered by such negotiations by that producer organisation, and

| (iii) | 33 % of the total combined national production of all the Member States covered by such negotiations by that producer organisation, |
| --- | --- |

(iii)

33 % of the total combined national production of all the Member States covered by such negotiations by that producer organisation,

| (d) | provided the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf, and |
| --- | --- |

(d)

provided the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf, and

| (e) | provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates. |
| --- | --- |

(e)

provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates.

3.   For the purposes of this Article, references to producer organisations shall also cover associations of such producer organisations. In order to ensure that these associations may be appropriately monitored, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on the conditions for recognition of such associations.

4.   For the purposes of applying point (c) of paragraph 2, the Commission shall publish, by the methods it considers appropriate, the amounts of raw milk production in the Union and the Member States using the most up-to-date information available.

5.   By way of derogation from paragraph 2(c)(ii) and (iii), even where the threshold of 33 % is not exceeded, the competition authority referred to in the second subparagraph may decide in an individual case that the negotiation by the producer organisation may not take place if it considers that this is necessary in order to prevent competition being excluded or in order to avoid serious prejudice to SME processors of raw milk in its territory.

The decision referred to in the first subparagraph shall be taken by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  for negotiations covering the production of more than one Member State. In other cases it shall be taken by the national competition authority of the Member State the production of which is covered by the negotiations.

The decisions referred to in the first and second subparagraphs shall not apply earlier than the date of their notification to the undertakings concerned.

6.   For the purposes of this Article:

| (a) | a "national competition authority" shall be the authority referred to in Article 5 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 Treaty (47); |
| --- | --- |

(a)

a "national competition authority" shall be the authority referred to in Article 5 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 Treaty (47);

| (b) | a "SME" shall mean a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC concerning the definition of micro, small and medium-sized enterprises.] |
| --- | --- |

(b)

a "SME" shall mean a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC concerning the definition of micro, small and medium-sized enterprises.]

Section VI

Procedural rules

Article 230

Delegated and implementing powers

1.   In order to ensure that the objectives and responsibilities of producer organisations, producer groups in the fruit and vegetables sector, operator organisations in the olive oil and table olives sector and interbranch organisations are clearly defined so as to contribute to the effectiveness of the actions of such organisations and groups, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on the following:

| (a) | the specific aims to be pursued by such groups and organisations, the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such groups and organisations, the effects deriving from recognition, the withdrawal of recognition, derogations on the minimum size, and mergers; |
| --- | --- |

(a)

the specific aims to be pursued by such groups and organisations, the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such groups and organisations, the effects deriving from recognition, the withdrawal of recognition, derogations on the minimum size, and mergers;

| (b) | the extension of certain rules of interbranch organisations to non-members; |
| --- | --- |

(b)

the extension of certain rules of interbranch organisations to non-members;

| (c) | transnational producer organisations and transnational associations of producer organisations including administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation; |
| --- | --- |

(c)

transnational producer organisations and transnational associations of producer organisations including administrative assistance to be given by the relevant competent authorities in the case of transnational cooperation;

| (d) | outsourcing of activities and the provision of technical means by producer organisations or associations of producer organisations; |
| --- | --- |

(d)

outsourcing of activities and the provision of technical means by producer organisations or associations of producer organisations;

| (e) | the minimum volume or value of marketable production of a producer organisation; |
| --- | --- |

(e)

the minimum volume or value of marketable production of a producer organisation;

| (f) | derogations from the requirements laid down in Articles 209, 210 and 212; |
| --- | --- |

(f)

derogations from the requirements laid down in Articles 209, 210 and 212;

| (g) | sanctions in case of non-respect of recognition criteria. |
| --- | --- |

(g)

sanctions in case of non-respect of recognition criteria.

2.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary measures relating to this Chapter, in particular on:

| (a) | notifications to be made by the Member States; |
| --- | --- |

(a)

notifications to be made by the Member States;

| (b) | applications for recognition as a producer organisation; |
| --- | --- |

(b)

applications for recognition as a producer organisation;

| (c) | the implementation of recognition plans by producer groups; |
| --- | --- |

(c)

the implementation of recognition plans by producer groups;

| (d) | the extension of the recognition; |
| --- | --- |

(d)

the extension of the recognition;

| (e) | checks and verification. |
| --- | --- |

(e)

checks and verification.

PART III

TRADE WITH THIRD COUNTRIES

CHAPTER I

General provisions

Article 231

General principles

Unless otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries:

| (a) | the levying of any charge having equivalent effect to a customs duty; |
| --- | --- |

(a)

the levying of any charge having equivalent effect to a customs duty;

| (b) | the application of any quantitative restriction or measure having equivalent effect. |
| --- | --- |

(b)

the application of any quantitative restriction or measure having equivalent effect.

Article 232

Combined nomenclature

The general rules for interpreting the Combined Nomenclature, provided for in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (48) (hereinafter referred to as ‘Combined Nomenclature’), and the special rules for its application shall apply to the tariff classification of products covered by this Regulation. The tariff nomenclature resulting from the application of this Regulation, including, as the case may be, the definitions in Annexes III and Part II of Annex XII shall be included in the Common Customs Tariff.

CHAPTER II

Imports

Section I

Import licences

Article 233

Import licences

Without prejudice to cases where import licences are required in accordance with this Regulation, imports of one or more products of the following sectors into the Union may be made subject to the presentation of an import licence, taking account of the need for import licences for the management of the markets concerned and, in particular, for monitoring the imports of the products in question:

| (a) | cereals; |
| --- | --- |

(a)

cereals;

| (b) | rice; |
| --- | --- |

(b)

rice;

| (c) | sugar; |
| --- | --- |

(c)

sugar;

| (d) | seeds; |
| --- | --- |

(d)

seeds;

| (e) | olive oil and table olives, with regard to products falling within CN codes 1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39; |
| --- | --- |

(e)

olive oil and table olives, with regard to products falling within CN codes 1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31 and 1522 00 39;

| (f) | flax and hemp, as far as hemp is concerned; |
| --- | --- |

(f)

flax and hemp, as far as hemp is concerned;

| (g) | fruit and vegetables; |
| --- | --- |

(g)

fruit and vegetables;

| (h) | processed fruit and vegetables; |
| --- | --- |

(h)

processed fruit and vegetables;

| (i) | bananas; |
| --- | --- |

(i)

bananas;

| (j) | wine; |
| --- | --- |

(j)

wine;

| (k) | live plants; |
| --- | --- |

(k)

live plants;

| (l) | beef and veal; |
| --- | --- |

(l)

beef and veal;

| (m) | milk and milk products; |
| --- | --- |

(m)

milk and milk products;

| (n) | pigmeat; |
| --- | --- |

(n)

pigmeat;

| (o) | sheepmeat and goatmeat; |
| --- | --- |

(o)

sheepmeat and goatmeat;

| (p) | eggs; |
| --- | --- |

(p)

eggs;

| (q) | poultrymeat; |
| --- | --- |

(q)

poultrymeat;

| (r) | agricultural ethyl alcohol. |
| --- | --- |

(r)

agricultural ethyl alcohol.

Article 234

Issue of licences

Import licences shall be issued by Member States to any applicant, irrespective of their place of establishment in the Union, unless any act adopted in accordance with Article 43(2) of the Treaty provides otherwise, and without prejudice to measures taken for the application of this Chapter.

Article 235

Validity

Import licences shall be valid throughout the Union.

Article 236

Security

1.   Save as otherwise provided for by the Commission, by means of delegated acts pursuant to Article 238, licences shall be issued subject to the lodging of a security guaranteeing that the products are imported within the period of validity of the licence.

2.   Except in cases of force majeure, the security shall be forfeited in whole or in part if the import is not carried out, or is carried out only partially, within the period of validity of the licence.

Article 237

Special security in the wine sector

1.   For juice and musts falling under CN codes 2009 61, 2009 69 and 2204 30 for which the application of the Common Customs Tariff duties depends on the import price of the product, the actual amount of that price shall be verified either by checking every consignment or by using a flat-rate import value calculated by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , on the basis of price quotations for the same products in the countries of origin.

Should the declared entry price of the consignment be higher than the flat-rate import value, if such applies, increased by a margin adopted by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a),
  that may not exceed the flat-rate import value by more than 10 %, a security must be lodged equal to the import duties determined on the basis of the flat-rate import value.

If the entry price of the consignment is not declared, the application of Common Customs Tariff duties shall be dependent on the flat-rate import value or on the application, under conditions to be determined by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , of the relevant provisions of customs legislation.

2.   Should derogations adopted in accordance with Article 43(2) of the Treaty referred to in point 5 of Section B or Section C of Part II of Annex XIII be applied to imported products, importers shall lodge a security for those products with the designated customs authorities at the time of release for free circulation. The security shall be released on presentation by the importer of proof, to the satisfaction of the customs authorities of the Member State of release for free circulation, that the musts were made into grape juice, used in other products outside the wine sector or, if vinified, have been appropriately labelled.

Article 238

Delegated powers

1.   In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports of the products in question, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , determine:

| (a) | the list of the products of the sectors referred to in Article 233 subject to the presentation of an import licence; |
| --- | --- |

(a)

the list of the products of the sectors referred to in Article 233 subject to the presentation of an import licence;

| (b) | the cases and situations where the presentation of an import licence is not required, based on, in particular, the customs status of the products in question, the trade arrangements to be respected, the purposes of operations, the legal status of the applicant and the quantities involved. |
| --- | --- |

(b)

the cases and situations where the presentation of an import licence is not required, based on, in particular, the customs status of the products in question, the trade arrangements to be respected, the purposes of operations, the legal status of the applicant and the quantities involved.

2.   In order to define the main elements of the import licence system, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | define the rights and obligations deriving from the licence, its legal effects, including the possibility of a tolerance as regards the respect of the obligation to import, and the indication of the origin and provenance where that is compulsory; |
| --- | --- |

(a)

define the rights and obligations deriving from the licence, its legal effects, including the possibility of a tolerance as regards the respect of the obligation to import, and the indication of the origin and provenance where that is compulsory;

| (b) | provide that the issue of a licence or the release into free circulation shall be subject to the presentation of a document issued by a third country or an entity certifying inter alia the origin, the authenticity and the quality characteristics of the products; |
| --- | --- |

(b)

provide that the issue of a licence or the release into free circulation shall be subject to the presentation of a document issued by a third country or an entity certifying inter alia the origin, the authenticity and the quality characteristics of the products;

| (c) | adopt the rules applicable to the transfer of the licence or, as necessary, the restrictions on this transmissibility; |
| --- | --- |

(c)

adopt the rules applicable to the transfer of the licence or, as necessary, the restrictions on this transmissibility;

| (d) | adopt the rules necessary for the reliability and the efficiency of the licence system and the situations where a specific administrative assistance between Member States is needed to prevent or deal with cases of fraud and irregularities; |
| --- | --- |

(d)

adopt the rules necessary for the reliability and the efficiency of the licence system and the situations where a specific administrative assistance between Member States is needed to prevent or deal with cases of fraud and irregularities;

| (e) | determine the cases and situations where the lodging of a security is not required. |
| --- | --- |

(e)

determine the cases and situations where the lodging of a security is not required.

Article 239

Implementing powers

The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Section, including rules on:

| (a) | the lodging of applications and the issuing of licences and their use; |
| --- | --- |

(a)

the lodging of applications and the issuing of licences and their use;

| (b) | the period of validity of the licence and the amount of security to be lodged; |
| --- | --- |

(b)

the period of validity of the licence and the amount of security to be lodged;

| (c) | the proofs that the requirements linked to the use of licences have been fulfilled; |
| --- | --- |

(c)

the proofs that the requirements linked to the use of licences have been fulfilled;

| (d) | the issue of replacement licences and duplicate licences; |
| --- | --- |

(d)

the issue of replacement licences and duplicate licences;

| (e) | the treatment of licences by Member States and the exchange of information needed for the management of the system. |
| --- | --- |

(e)

the treatment of licences by Member States and the exchange of information needed for the management of the system.

Section II

Import duties and levies

Article 240

Import duties

Save as otherwise provided for pursuant to this Regulation, the rates of import duty in the Common Customs Tariff shall apply to the products referred to in Article 1.

Article 241

Calculation of import duties for cereals

1.   Notwithstanding Article 240, the import duty on products covered by CN codes 1001 10 00, 1001 90 91, ex 1001 90 99 (high quality common wheat), 1002 00 00, 1005 10 90, 1005 90 00 and 1007 00 90 other than hybrid for sowing, shall be equal to the intervention price valid for such products on importation increased by 55 %, minus the c.i.f. import price applicable to the consignment in question. However, that duty may not exceed the conventional rate of duty as determined on the basis of the Combined Nomenclature.

2.   The import duty referred to in paragraph 1 shall be calculated by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  on the basis of representative c.i.f. import prices established on a regular basis for the products referred to in paragraph 1 of this Article.

Article 242

Calculation of import duties for husked rice

1.   Notwithstanding Article 240, the import duty on husked rice falling within CN code 1006 20 shall be fixed by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  within 10 days of the end of the reference period concerned in accordance with point 1 of Annex XV.

The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , fix a new applicable duty if the calculations performed under that Annex indicate a need to change the duty. Until such time as a new applicable duty is fixed, the duty previously fixed shall apply.

2.   In order to calculate the imports referred to in point 1 of Annex XV, account shall be taken of the quantities for which import licences for husked rice falling within CN code 1006 20 were issued in the corresponding reference period, excluding the import licences for Basmati rice referred to in Article 243.

3.   The annual reference quantity shall be 449 678 tonnes. The partial reference quantity for each marketing year shall correspond to half the annual reference quantity.

Article 243

Calculation of import duties for husked basmati rice

Notwithstanding Article 240, the husked Basmati rice varieties falling within CN codes 1006 20 17 and 1006 20 98 listed in Annex XVI shall qualify for a zero rate of import duty under the conditions fixed by the Commission by means of delegated and implementing acts adopted pursuant to Articles 249 and 250.

Article 244

Calculation of import duties for milled rice

1.   Notwithstanding Article 240, the import duty for semi-milled or wholly milled rice falling within CN code 1006 30 shall be fixed by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , within ten days after the end of the reference period concerned in accordance with point 2 of Annex XV.

The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , fix a new applicable duty if the calculations performed under that Annex indicate a need to change the duty. Until such time as a new applicable duty is fixed, the duty previously fixed shall apply.

2.   In order to calculate imports referred to in point 2 of Annex XV, account shall be taken of the quantities for which import licences for semi-milled or wholly milled rice falling within CN code 1006 30 were issued in the corresponding reference period.

Article 245

Calculation of import duties for broken rice

Notwithstanding Article 240, the import duty on broken rice falling within CN code 1006 40 00 shall be EUR 65 per tonne.

Article 246

Entry price system for the fruit and vegetables and the processed fruit and vegetables sectors

1.   Should application of the Common Customs Tariff duty rate depend on the entry price of the imported consignment, the veracity of this price shall be checked using a standard import value calculated by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , by product and by origin, on the basis of the weighted average of prices for the product on Member States’ representative import markets or on other markets, where appropriate.

Specific provisions may, however, be adopted by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  for verifying the entry price of products imported primarily for processing.

2.   Where the declared entry price of the consignment in question is higher than the standard import value, increased by a margin set by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a),
  which may not exceed the standard import value by more than 10 %, the lodging of a security equal to the import duty determined on the basis of the standard import value shall be required.

3.   If the entry price of the consignment in question is not declared at the time of customs clearance, the Common Customs Tariff duty rate to be applied shall depend on the standard import value or be arrived at by application of the relevant customs legislation provisions under conditions to be determined by the Commission by means of delegated and implementing acts pursuant to Article 249 and 250.

Article 247

Additional import duties

1.   The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , determine the products of the cereals, rice, sugar, fruit and vegetables, processed fruit and vegetables, beef and veal, milk and milk products, pig meat, sheep meat and goat meat, eggs, poultry and bananas sectors, as well as of grape juice and grape must, to which, when imported subject to the rate of duty laid down in Articles 240 to 246, an additional import duty is to be applied in order to prevent or counteract adverse effects on the Union market which may result from those imports, if:

| (a) | the imports are made at a price below the level notified by the Union to the WTO (the trigger price); or |
| --- | --- |

(a)

the imports are made at a price below the level notified by the Union to the WTO (the trigger price); or

| (b) | the volume of imports in any year exceeds a certain level (the trigger volume). |
| --- | --- |

(b)

the volume of imports in any year exceeds a certain level (the trigger volume).

The trigger volume shall be based on market access opportunities defined, where applicable, as imports as a percentage of the corresponding domestic consumption during the three previous years.

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

3.   For the purposes of paragraph 1(a), import prices shall be determined on the basis of the c.i.f. import prices of the consignment under consideration.

C.i.f. import prices shall be checked against the representative prices for the product on the world market or on the Union import market for that product.

4.   The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , fix the representative prices and trigger volumes for the purposes of applying additional import duties in the framework of the rules adopted pursuant to Article 250(d).

Article 248

Suspension of import duties in the sugar sector

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , suspend import duties in whole or in part for certain quantities in respect of the following products to guarantee the supply necessary for the manufacturing of products referred to in Article 55(2):

| (a) | sugar falling within CN code 1701; |
| --- | --- |

(a)

sugar falling within CN code 1701;

| (b) | isoglucose falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30. |
| --- | --- |

(b)

isoglucose falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30.

Article 249

Delegated powers

1.   In order to ensure that operators respect their obligations, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the requirement for the lodging of a security for the import of specific types of high quality cereals and Basmati rice.

2.   In order to ensure the proper functioning of the Basmati rice regime, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , determine further requirements that operators have to fulfil in order to lodge an application for an import licence under Article 243.

3.   In order to take account of the specificities of the cereals sector, the Commission shall by means of delegated acts
  adopted in accordance with Article 321
  establish minimum quality requirements necessary to benefit from a reduction in the rate of the import duty.

Article 250

Implementing powers

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , adopt:

| (a) | as regards Article 241:






  (i) | the price quotations to be taken into consideration; |
| --- | --- | --- |

(a)

as regards Article 241:

(i)

the price quotations to be taken into consideration;

| (ii) | the possibility, where appropriate in specific cases, of giving operators the opportunity to know the duty applicable before the arrival of the consignments concerned; |
| --- | --- |

(ii)

the possibility, where appropriate in specific cases, of giving operators the opportunity to know the duty applicable before the arrival of the consignments concerned;

| (b) | the necessary rules to verify the correct application of the duties referred to in Article 243 with a view to checking the characteristics and quality of the products imported, and the measures to be taken for specific difficulties encountered in the application of the regime; |
| --- | --- |

(b)

the necessary rules to verify the correct application of the duties referred to in Article 243 with a view to checking the characteristics and quality of the products imported, and the measures to be taken for specific difficulties encountered in the application of the regime;

| (c) | as regards Article 246, rules on the calculation of the standard import value, on the reporting of prices, on the identification of representative markets and on the entry price; |
| --- | --- |

(c)

as regards Article 246, rules on the calculation of the standard import value, on the reporting of prices, on the identification of representative markets and on the entry price;

| (d) | as regards Article 247, further rules necessary for the application of paragraph 1 of that Article; |
| --- | --- |

(d)

as regards Article 247, further rules necessary for the application of paragraph 1 of that Article;

| (e) | provisions to verify the characteristics and quality of products imported. |
| --- | --- |

(e)

provisions to verify the characteristics and quality of products imported.

Section III

Import quota management

Article 251

Tariff quotas

1.   Tariff quotas for imports of products referred to in Article 1 resulting from agreements concluded in accordance with Article 218 of the Treaty or from any other act adopted in accordance with Article 43(2) of the Treaty shall be opened and administered by the Commission by means of delegated and implementing acts pursuant to Articles 253, 254 and 255.

2.   Tariff quotas shall be administered in a manner which avoids any discrimination between the operators concerned, by applying one of the following methods or a combination of them or another appropriate method:

| (a) | a method based on the chronological order of the lodging of applications (‘first come, first served’ principle); |
| --- | --- |

(a)

a method based on the chronological order of the lodging of applications (‘first come, first served’ principle);

| (b) | a method of distribution in proportion to the quantities requested when the applications were lodged (using the ‘simultaneous examination method’); |
| --- | --- |

(b)

a method of distribution in proportion to the quantities requested when the applications were lodged (using the ‘simultaneous examination method’);

| (c) | a method based on taking traditional trade patterns into account (using the ‘traditional/newcomers method’). |
| --- | --- |

(c)

a method based on taking traditional trade patterns into account (using the ‘traditional/newcomers method’).

3.   The method of administration adopted shall, where appropriate, give due weight to the supply requirements of the Union market and the need to safeguard the equilibrium of that market.

Article 252

Specific rules

1.   With regard to the import quota of 54 703 tonnes of frozen beef and veal meat falling within CN codes 0202 20 30, 0202 30 and 0206 29 91 and intended for processing, the European Parliament and the Council, acting in accordance with the procedure laid down in Article 43(2) of the Treaty, may lay down that all or part of the quota shall cover equivalent quantities of quality meat, applying a conversion rate of 4,375.

2.   In the case of tariff quota for import into Spain of 2 000 000 tonnes of maize and 300 000 tonnes of sorghum and tariff quota for import into Portugal of 500 000 tonnes of maize, the rules referred to in Article 253 shall also include the provisions necessary for carrying out the tariff quota imports and, where appropriate, the public storage of the quantities imported by the paying agencies of the Member States concerned and their disposal on the markets of those Member States.

Article 253

Delegated powers

1.   In order to ensure fair access for the quantities available and an equal treatment of operators within the import tariff quota, the Commission shall by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | determine the conditions and eligibility requirements that an operator has to fulfil to lodge an application within the import tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in processing activity, expressed in a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector in respect to, in particular, the uses and needs of the processing industries; |
| --- | --- |

(a)

determine the conditions and eligibility requirements that an operator has to fulfil to lodge an application within the import tariff quota; the provisions concerned may require a minimum experience in trade with third countries and assimilated territories, or in processing activity, expressed in a minimum quantity and period of time in a given market sector; those provisions may include specific rules to suit the needs and practices in force in a certain sector in respect to, in particular, the uses and needs of the processing industries;

| (b) | adopt provisions relating to the transfer of rights between operators and when necessary the limitations to transfer within the management of the import tariff quota. |
| --- | --- |

(b)

adopt provisions relating to the transfer of rights between operators and when necessary the limitations to transfer within the management of the import tariff quota.

2.   In order to ensure that operators respect their obligations and to guarantee the application of the agreements or of the commitments of the Union, the Commission may by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | make the participation in the import tariff quota subject to the lodging of a security; |
| --- | --- |

(a)

make the participation in the import tariff quota subject to the lodging of a security;

| (b) | adopt the rules necessary for the reliability and the efficiency of the licence system, in particular, relating to the situations where a specific administrative assistance between Member States is needed; including

  and
  provisions establishing the obligation for the Member States to notify data and information; |
| --- | --- |

(b)

adopt the rules necessary for the reliability and the efficiency of the licence system, in particular, relating to the situations where a specific administrative assistance between Member States is needed; including

  and
  provisions establishing the obligation for the Member States to notify data and information;

| (c) | adopt rules to prevent fraud and irregularities, providing for, inter alia, the payment of specific penalties, and the exclusion of the concerned operators from the participation in the tariff quota in proportion to the detected frauds and irregularities. |
| --- | --- |

(c)

adopt rules to prevent fraud and irregularities, providing for, inter alia, the payment of specific penalties, and the exclusion of the concerned operators from the participation in the tariff quota in proportion to the detected frauds and irregularities.

Article 254

Implementing powers

1.   The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , provide for:

| (a) | the annual tariff quotas, if necessary suitably phased over the year and shall determine the administrative method to be used; |
| --- | --- |

(a)

the annual tariff quotas, if necessary suitably phased over the year and shall determine the administrative method to be used;

| (b) | rules for the application of the specific provisions laid down in the agreement or act adopting the import regime, in particular, where necessary, on:






  (i) | guarantees covering the nature, provenance and origin of the product; |
| --- | --- | --- |

(b)

rules for the application of the specific provisions laid down in the agreement or act adopting the import regime, in particular, where necessary, on:

(i)

guarantees covering the nature, provenance and origin of the product;

| (ii) | recognition of the document used for verifying the guarantees referred to in point (i); |
| --- | --- |

(ii)

recognition of the document used for verifying the guarantees referred to in point (i);

| (iii) | the presentation of a document issued by the exporting country; |
| --- | --- |

(iii)

the presentation of a document issued by the exporting country;

| (iv) | destination and use of the products; |
| --- | --- |

(iv)

destination and use of the products;

| (c) | the period of validity of the licences or of the authorisations; |
| --- | --- |

(c)

the period of validity of the licences or of the authorisations;

| (d) | the amounts of the security; |
| --- | --- |

(d)

the amounts of the security;

| (e) | rules on publication of information and communications. |
| --- | --- |

(e)

rules on publication of information and communications.

2.   The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , provide for:

| (a) | the use of licences, and, when necessary, specific rules relating to, in particular, the conditions under which applications for import shall be lodged and authorisation granted

  procedures for lodging applications for import, as well as for granting authorisations
  within the tariff quota; [Am. 30] |
| --- | --- |

(a)

the use of licences, and, when necessary, specific rules relating to, in particular, the conditions under which applications for import shall be lodged and authorisation granted

  procedures for lodging applications for import, as well as for granting authorisations
  within the tariff quota; [Am. 30]

| (b) | the monitoring of the import regime. |
| --- | --- |

(b)

the monitoring of the import regime.

Article 255

Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323

1.   The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323
  , adopt the provisions to manage the process to guarantee that the quantities available within the import tariff quota are not exceeded, in particular by fixing an allocation coefficient to each application when the available quantities are reached, rejecting pending applications and when necessary to suspend the lodging of applications.

2.   The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323
  , adopt provisions for the reallocation of the unused quantities.

Section IV

Special provisions for certain products

Subsection I

Special provisions for imports in respect of the cereals and rice sectors

Article 256

Imports of mixtures of different cereals

The import duty applicable to mixtures composed of cereals falling within points (a) and (b) of Part I of Annex I shall be established as follows:

| (a) | in the case where the mixture is composed of two of such cereals, the import duty shall be that applicable:






  (i) | to the component cereal predominating by weight, when the cereal represents at least 90 % of the weight of the mixture; |
| --- | --- | --- |

(a)

in the case where the mixture is composed of two of such cereals, the import duty shall be that applicable:

(i)

to the component cereal predominating by weight, when the cereal represents at least 90 % of the weight of the mixture;

| (ii) | to the component cereal liable to the higher import duty, when neither of the two component cereals represents at least 90 % of the weight of the mixture; |
| --- | --- |

(ii)

to the component cereal liable to the higher import duty, when neither of the two component cereals represents at least 90 % of the weight of the mixture;

| (b) | in the case where the mixture is composed of more than two of such cereals, and where several cereals each represent more than 10 % by weight of the mixture, the import duty applicable to the mixture shall be the highest of the import duties applicable to such cereals, even when the amount of the import duty is the same for two or more of the cereals.
  Where only one cereal represents more than 10 % of the weight of the mixture, the import duty to be applied shall be that applicable to this cereal; |
| --- | --- |

(b)

in the case where the mixture is composed of more than two of such cereals, and where several cereals each represent more than 10 % by weight of the mixture, the import duty applicable to the mixture shall be the highest of the import duties applicable to such cereals, even when the amount of the import duty is the same for two or more of the cereals.

Where only one cereal represents more than 10 % of the weight of the mixture, the import duty to be applied shall be that applicable to this cereal;

| (c) | in all cases not covered by points (a) and (b), the import duty shall be the highest of the import duties applicable to the cereals composing the mixture concerned, even when the amount of the import duty is the same for two or more of the cereals. |
| --- | --- |

(c)

in all cases not covered by points (a) and (b), the import duty shall be the highest of the import duties applicable to the cereals composing the mixture concerned, even when the amount of the import duty is the same for two or more of the cereals.

Article 257

Imports of mixtures between cereals and rice

The import duty applicable to mixtures composed of one or more of the cereals falling within points (a) and (b) of Part I of Annex I, on the one hand, and of one or more of the products falling within points (a) and (b) of Part II of Annex I, on the other, shall be that applicable to the component cereal or product liable to the highest import duty.

Article 258

Imports of mixtures of rice

The import duty applicable to mixtures composed either of rice classifiable under several different processing groups or stages or of rice classifiable under one or more different processing groups or stages on the one hand and of broken rice on the other shall be that applicable:

| (a) | to the component predominating by weight, when that component represents at least 90 % of the weight of the mixture; |
| --- | --- |

(a)

to the component predominating by weight, when that component represents at least 90 % of the weight of the mixture;

| (b) | to the component liable to the highest import duty, when no component represents at least 90 % of the weight of the mixture. |
| --- | --- |

(b)

to the component liable to the highest import duty, when no component represents at least 90 % of the weight of the mixture.

Article 259

Applicability of the tariff classification

Where the method for fixing the import duty set out in Articles 256, 257 and 258 cannot be applied, the duty to be applied to the mixtures referred to in those Articles shall be that determined by the tariff classification of the mixtures.

Subsection II

Import arrangements for sugar

Article 260

Traditional supply need for refining

1.   A traditional supply need of sugar for refining is fixed for the Union at 2 489 735 tonnes per marketing year, expressed in white sugar.

2.   The sole sugar beet processing plant at work in 2005 in Portugal is deemed to be a full-time refiner.

3.   Import licences for sugar for refining shall be issued only to full-time refiners provided that the quantities concerned do not exceed the quantities that may be imported in the framework of the traditional supply need referred to in paragraph 1. The licences may be transferred only between full-time refiners and their validity expires at the end of the marketing year for which they have been issued.

This paragraph shall apply for the first three months of each marketing year.

Article 261

Delegated powers

In order to ensure that imported sugar intended for refining is refined in accordance with this Subsection, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , adopt:

| (a) | certain definitions for the operation of the import arrangements referred to in Article 260; |
| --- | --- |

(a)

certain definitions for the operation of the import arrangements referred to in Article 260;

| (b) | the conditions and eligibility requirements that an operator has to fulfil to lodge an application for an import licence, including the lodging of a security; |
| --- | --- |

(b)

the conditions and eligibility requirements that an operator has to fulfil to lodge an application for an import licence, including the lodging of a security;

| (c) | rules on administrative penalties to be charged. |
| --- | --- |

(c)

rules on administrative penalties to be charged.

Article 262

Implementing powers

The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary rules on the proofs and documents to be supplied regarding import requirements and obligations for operators, in particular full-time refiners.

Subsection III

Special provisions for imports of hemp

Article 263

Imports of hemp

1.   The following products may be imported into the Union only if the following conditions are met:

| (a) | raw true hemp falling within CN code 5302 10 00 meeting the conditions laid down in Article 39 of Regulation (EC) No 73/2009; |
| --- | --- |

(a)

raw true hemp falling within CN code 5302 10 00 meeting the conditions laid down in Article 39 of Regulation (EC) No 73/2009;

| (b) | seeds of varieties of hemp falling within CN code ex 1207 99 15 for sowing accompanied by proof that the tetrahydrocannabinol level does not exceed that fixed in accordance with Article 39 of Regulation (EC) No 73/2009; |
| --- | --- |

(b)

seeds of varieties of hemp falling within CN code ex 1207 99 15 for sowing accompanied by proof that the tetrahydrocannabinol level does not exceed that fixed in accordance with Article 39 of Regulation (EC) No 73/2009;

| (c) | hemp seeds other than for sowing, falling within CN code 1207 99 91 imported only by importers authorised by the Member State in order to ensure that such seeds are not intended for sowing. |
| --- | --- |

(c)

hemp seeds other than for sowing, falling within CN code 1207 99 91 imported only by importers authorised by the Member State in order to ensure that such seeds are not intended for sowing.

2.   Without prejudice to any specific provisions which may be adopted by the Commission by means of implementing acts pursuant to Article 318, imports into the Union of the products specified in paragraph 1(a) and (b) of this Article shall be subject to checks to determine whether the conditions provided for in paragraph 1 of this Article are met.

3.   This Article shall apply without prejudice to more restrictive provisions adopted by Member States in compliance with the Treaty and the obligations arising under the WTO Agreement on Agriculture.

Subsection IV

Special provisions for imports of hops

Article 264

Imports of hops

1.   Products of the hops sector may be imported from third countries only if their quality standards are at least equivalent to those adopted for like products harvested within the Union or made from such products.

2.   Products shall be considered as being of the standard referred to in paragraph 1 if they are accompanied by an attestation issued by the authorities of the country of origin and recognised as equivalent to the certificate referred to in Article 117 of Regulation (EC) No 1234/2007.

In the case of hop powder, hop powder with higher lupulin content, extract of hops and mixed hop products, the attestation may be recognised as being equivalent to the certificate only if the alpha acid content of these products is not lower than that of the hops from which they have been prepared.

3.   In order to minimise the administrative burden, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , set the conditions under which obligations related to an attestation of equivalence and the labelling of packaging do not apply.

4.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt rules related to this Article, including the rules on the recognition of attestations of equivalence and on the checking of imports of hops.

Section V

Safeguard and inward processing

Article 265

Safeguard measures

1.   Safeguard measures against imports into the Union shall be taken by the Commission, subject to paragraph 3 of this Article, in accordance with Council Regulations (EC) No 260/2009 (49) and (EC) No 625/2009 (50).

2.   Save as otherwise provided for pursuant to any other act of the European Parliament and the Council and any other act of the Council, safeguard measures against imports into the Union provided for in international agreements concluded in accordance with Article 218 of the Treaty shall be taken by the Commission in accordance with paragraph 3 of this Article.

3.   The Commission may take measures referred to in paragraphs 1 and 2 by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a),
  at the request of a Member State or on its own initiative. If the Commission receives a request from a Member State, it shall take a decision thereon, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , within five working days following receipt of the request. In cases of urgency, the Commission shall take a decision, acting in accordance with Article 323(2).

The measures adopted shall be communicated forthwith to the Members States and shall take effect immediately.

4.   Union safeguard measures adopted pursuant to paragraph 3 shall be revoked or amended by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  . In cases of urgency, the Commission shall take a decision, acting in accordance with Article 323(2).

Article 266

Suspension of processing and inward processing arrangements

1.   Where the Union market is disturbed or is liable to be disturbed by processing or inward processing arrangements, the Commission may by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , at the request of a Member State or on its own initiative, fully or partially suspend the use of processing or inward processing arrangements for the products of the cereals, rice, sugar, olive oil and table olives, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, milk and milk products, pigmeat, sheepmeat and goatmeat, eggs, poultrymeat and agricultural ethyl alcohol sectors. If the Commission receives a request from a Member State, it shall take a decision thereon, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , within five working days following receipt of the request. In cases of urgency, the Commission shall take a decision, acting in accordance with Article 323(2).

The measures adopted shall be communicated forthwith to the Members States and shall take effect immediately.

2.   To the extent necessary for the proper functioning of the CMO, the use of inward processing arrangements for the products referred to in paragraph 1 may be fully or partially prohibited by the European Parliament and the Council, acting in accordance with the procedure laid down in Article 43(2) of the Treaty.

CHAPTER III

Exports

Section I

Export licences

Article 267

Export licences

1.   Without prejudice to cases where export licences are required in accordance with this Regulation, exports of one or more products of the following sectors from the Union may be made subject to the presentation of an export licence, taking account of the need for export licences for the management of the markets concerned and, in particular, for monitoring the exports of the products in question:

| (a) | cereals; |
| --- | --- |

(a)

cereals;

| (b) | rice; |
| --- | --- |

(b)

rice;

| (c) | sugar; |
| --- | --- |

(c)

sugar;

| (d) | olive oil and table olives, with regard to olive oil referred to in point (a) of Part VII of Annex I; |
| --- | --- |

(d)

olive oil and table olives, with regard to olive oil referred to in point (a) of Part VII of Annex I;

| (e) | fruit and vegetables; |
| --- | --- |

(e)

fruit and vegetables;

| (f) | processed fruit and vegetables; |
| --- | --- |

(f)

processed fruit and vegetables;

| (g) | wine; |
| --- | --- |

(g)

wine;

| (h) | beef and veal; |
| --- | --- |

(h)

beef and veal;

| (i) | milk and milk products; |
| --- | --- |

(i)

milk and milk products;

| (j) | pigmeat; |
| --- | --- |

(j)

pigmeat;

| (k) | sheepmeat and goatmeat; |
| --- | --- |

(k)

sheepmeat and goatmeat;

| (l) | eggs; |
| --- | --- |

(l)

eggs;

| (m) | poultrymeat; |
| --- | --- |

(m)

poultrymeat;

| (n) | agricultural ethyl alcohol. |
| --- | --- |

(n)

agricultural ethyl alcohol.

2.   Articles 234, 235 and 236 shall apply mutatis mutandis.

Article 268

Delegated powers

1.   In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring exports of the products in question, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , determine:

| (a) | the list of the products of the sectors referred to in Article 267(1) subject to the presentation of an export licence; |
| --- | --- |

(a)

the list of the products of the sectors referred to in Article 267(1) subject to the presentation of an export licence;

| (b) | the cases and situations where the presentation of an export licence is not required, based on, in particular, the customs status of the products in question, the purposes of operations, the legal status of the applicant and the quantities involved. |
| --- | --- |

(b)

the cases and situations where the presentation of an export licence is not required, based on, in particular, the customs status of the products in question, the purposes of operations, the legal status of the applicant and the quantities involved.

2.   In order to define the main elements of the export licence system, the Commission may by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | define the rights and obligations deriving from the licence, its legal effects, including the possibility of a tolerance as regards the respect of the obligation to export, and the indication of the destination where that is compulsory; |
| --- | --- |

(a)

define the rights and obligations deriving from the licence, its legal effects, including the possibility of a tolerance as regards the respect of the obligation to export, and the indication of the destination where that is compulsory;

| (b) | adopt the rules applicable to the transfer of the licence or as necessary the restrictions on this transmissibility; |
| --- | --- |

(b)

adopt the rules applicable to the transfer of the licence or as necessary the restrictions on this transmissibility;

| (c) | adopt the rules necessary for the reliability and the efficiency of the licence system and the situations where a specific administrative assistance between Member States is needed to prevent or deal with cases of fraud; |
| --- | --- |

(c)

adopt the rules necessary for the reliability and the efficiency of the licence system and the situations where a specific administrative assistance between Member States is needed to prevent or deal with cases of fraud;

| (d) | determine the cases and situations where the lodging of a security is not required. |
| --- | --- |

(d)

determine the cases and situations where the lodging of a security is not required.

Article 269

Implementing powers

The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary rules related to this Section, including rules on:

| (a) | the lodging of applications and the issuing of licences and their use; |
| --- | --- |

(a)

the lodging of applications and the issuing of licences and their use;

| (b) | the period of validity of the licences and the amount of security to be lodged; |
| --- | --- |

(b)

the period of validity of the licences and the amount of security to be lodged;

| (c) | the proofs that the requirements linked to the use of licences have been fulfilled; |
| --- | --- |

(c)

the proofs that the requirements linked to the use of licences have been fulfilled;

| (d) | the issue of replacement licences and duplicate licences; |
| --- | --- |

(d)

the issue of replacement licences and duplicate licences;

| (e) | the treatment of licences by Member States and the exchange of information needed for the management of the system. |
| --- | --- |

(e)

the treatment of licences by Member States and the exchange of information needed for the management of the system.

Article 270

Implementing acts to be adopted without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323

The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , limit the quantities for which licences may be issued, reject quantities applied for and suspend the lodging of applications in order to manage the market where large quantities are applied for.

Section II

Export refunds

Article 271

Scope of export refunds

1.   To the extent necessary to enable exports on the basis of world market quotations or prices and within the limits resulting from agreements concluded in accordance with Article 218 of the Treaty, the difference between those quotations or prices and prices in the Union may be covered by export refunds for:

| (a) | the products of the following sectors to be exported without further processing:






  (i) | cereals; |
| --- | --- | --- |

(a)

the products of the following sectors to be exported without further processing:

(i)

cereals;

| (ii) | rice; |
| --- | --- |

(ii)

rice;

| (iii) | sugar, with regard to the products listed in points (b), (c), (d) and (g) of Part III of Annex I; |
| --- | --- |

(iii)

sugar, with regard to the products listed in points (b), (c), (d) and (g) of Part III of Annex I;

| (iv) | beef and veal; |
| --- | --- |

(iv)

beef and veal;

| (v) | milk and milk products; |
| --- | --- |

(v)

milk and milk products;

| (vi) | pigmeat; |
| --- | --- |

(vi)

pigmeat;

| (vii) | eggs; |
| --- | --- |

(vii)

eggs;

| (viii) | poultrymeat; |
| --- | --- |

(viii)

poultrymeat;

| (b) | the products listed in point (a)(i), (ii), (iii), (v) and (vii) to be exported in the form of goods listed in Annexes XVII and XVIII. |
| --- | --- |

(b)

the products listed in point (a)(i), (ii), (iii), (v) and (vii) to be exported in the form of goods listed in Annexes XVII and XVIII.

In the case of the milk and milk products exported in the form of products listed in Part IV of Annex XVII, export refunds may only be granted for products listed in points (a) to (e) and (g) of Part XVI of Annex I.

2.   Export refunds on products exported in the form of processed goods listed in Annexes XVII and XVIII may not be higher than those applicable to the same products exported without further processing.

3.   Insofar as is necessary to take account of the specificities of production of certain spirit drinks obtained from cereals, including their long maturation period, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , adopt provisions concerning the eligibility of products and operators to export refunds, in particular

  relating to
  the definition and characteristics of the products, and the establishment of coefficients for the purposes of calculating export refunds taking account of the ageing process of the products concerned.

4.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Article, including the technical and procedural requirements for national checks in respect of the products referred to in paragraph 3.

5.   The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , fix the coefficient adjusting the export refund for the products referred to in paragraph 3 of this Article.

Article 272

Export refund distribution

The quantities which may be exported with an export refund shall be allocated by the method which:

| (a) | is most suited to the nature of the product and the situation on the market in question, allowing the most efficient possible use of the resources available, account being taken of the efficiency and structure of Union exports without creating discrimination between the operators concerned and in particular between large and small operators; |
| --- | --- |

(a)

is most suited to the nature of the product and the situation on the market in question, allowing the most efficient possible use of the resources available, account being taken of the efficiency and structure of Union exports without creating discrimination between the operators concerned and in particular between large and small operators;

| (b) | is least cumbersome administratively for operators, account being taken of administrative requirements; |
| --- | --- |

(b)

is least cumbersome administratively for operators, account being taken of administrative requirements;

| (c) | avoids any discrimination between the operators concerned. |
| --- | --- |

(c)

avoids any discrimination between the operators concerned.

Article 273

Export refund fixation

1.   Export refunds shall be the same for the whole Union. They may vary according to destination, especially where the world market situation, the specific requirements of certain markets, or obligations resulting from agreements concluded in accordance with Article 218 of the Treaty make this necessary.

2.   Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty.

  Refunds shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). They may be fixed:

| (a) | at regular intervals; |
| --- | --- |

(a)

at regular intervals;

| (b) | by tendering procedures for cereals, rice, sugar and milk and milk products. |
| --- | --- |

(b)

by tendering procedures for cereals, rice, sugar and milk and milk products.

Except where fixed by tendering procedure, the Commission shall fix the list of products on which an export refund is granted and the amount of export refunds at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission, without the application of Article 323, either at the request of a Member State or on its own initiative.

3.
     
  One or more of the following aspects shall be taken into account when refunds for a certain product are being fixed:

| (a) | the existing situation and the future trend with regard to:










  (i) | prices and availabilities of that product on the Union market, |
| --- | --- | --- |

(a)

the existing situation and the future trend with regard to:

(i)

prices and availabilities of that product on the Union market,

| (ii) | prices for that product on the world market; |
| --- | --- |

(ii)

prices for that product on the world market;

| (b) | the aims of the common market organisation, which are to ensure equilibrium and the natural development of prices and trade on this market; |
| --- | --- |

(b)

the aims of the common market organisation, which are to ensure equilibrium and the natural development of prices and trade on this market;

| (c) | the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Union market; |
| --- | --- |

(c)

the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Union market;

| (d) | the economic aspects of the proposed exports; |
| --- | --- |

(d)

the economic aspects of the proposed exports;

| (e) | the limits resulting from agreements concluded in accordance with Article 218 of the Treaty; |
| --- | --- |

(e)

the limits resulting from agreements concluded in accordance with Article 218 of the Treaty;

| (f) | the need to establish a balance between the use of Union basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under processing arrangements; |
| --- | --- |

(f)

the need to establish a balance between the use of Union basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under processing arrangements;

| (g) | the most favourable marketing costs and transport costs from Union markets to Union ports or other places of export, together with forwarding costs to the countries of destination; |
| --- | --- |

(g)

the most favourable marketing costs and transport costs from Union markets to Union ports or other places of export, together with forwarding costs to the countries of destination;

| (h) | demand on the Union market; |
| --- | --- |

(h)

demand on the Union market;

| (i) | in respect of the pigmeat, eggs and poultrymeat sectors, the difference between prices within the Union and prices on the world market for the quantity of feed grain input required for the production in the Union of products of those sectors. [Am. 31] |
| --- | --- |

(i)

in respect of the pigmeat, eggs and poultrymeat sectors, the difference between prices within the Union and prices on the world market for the quantity of feed grain input required for the production in the Union of products of those sectors. [Am. 31]

Article 273a

Specific measures on export refunds for cereals and rice

1.
     
  The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), fix a corrective amount applicable to export refunds fixed in respect of the cereals and rice sectors. Where necessary, the Commission may, by means of implementing acts adopted without the application of Article 323, amend the corrective amounts.

The first subparagraph may be applied to products of the cereals and rice sectors that are exported in the form of goods listed in Annex XVII.

2.
     
  For the first three months of the marketing year, the refund applicable to exports of malt, either in storage at the end of the previous marketing year or made from barley that was in stock at that time, shall be that which would have applied, in respect of the export licence in question, to exports made during the last month of the preceding marketing year.

3.
     
  The refund on products listed in points (a) and (b) of Part I of Annex I, established in accordance with Article 274(2), may be adjusted by the Commission, in accordance with the examination procedure referred to in Article 323(1a), in line with any changes in the level of the intervention price.

The first subparagraph may be applied, in whole or in part, to products listed in points (c) and (d) of Part I of Annex I as well as to products listed in Part I of that Annex I which are exported in the form of goods referred to in Part I of Annex XVII. In that case, the adjustment referred to in the first subparagraph shall be corrected by the Commission, in accordance with the examination procedure referred to in Article 323(1a), by applying a coefficient representing the ratio between the quantity of basic product and the quantity thereof contained in the processed product exported or used in the goods exported. [Am. 32]

Article 274

Granting of export refund

1.   Refunds on products listed in Article 271(1)(a) exported as such without further processing shall only be granted on application and on presentation of an export licence.

2.   The refund applicable to products referred to in paragraph 1 shall be that applicable on the day of application for the licence or, as the case may be, that resulting from the tendering procedure concerned and, in the case of a differentiated refund, that applicable on the same day:

| (a) | for the destination indicated on the licence; or |
| --- | --- |

(a)

for the destination indicated on the licence; or

| (b) | where appropriate, for the actual destination if this differs from the destination indicated on the licence, in which case the amount applicable shall not exceed the amount applicable to the destination indicated on the licence. |
| --- | --- |

(b)

where appropriate, for the actual destination if this differs from the destination indicated on the licence, in which case the amount applicable shall not exceed the amount applicable to the destination indicated on the licence.

The Commission may, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , take appropriate measures to prevent abuse of the flexibility provided for in this paragraph. These measures may, in particular, relate to the procedure for submitting applications and to the notifications exporters have to make.

3.   In order to take account of the specificities of trade and transport conditions in the case of eggs for hatching and of day-old chicks, the Commission may decide, by means of delegated acts
  adopted in accordance with Article 321
  , that export licences may be granted ex post.

4.   In order to ensure equality of access to export refunds for exporters of products mentioned in Annex I to the Treaty, and of products processed thereof, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , decide to apply paragraphs 1 and 2 to the goods referred to in Article 271(1)(b) of this Regulation.

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this paragraph.

5.   In order to minimise the administrative burden for humanitarian welfare organisations, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , grant derogations from paragraphs 1 and 2 in the case of products on which export refunds are paid under food-aid operations.

6.   The refund shall be paid upon submission of proof that:

| (a) | the products have been exported from the Union; |
| --- | --- |

(a)

the products have been exported from the Union;

| (b) | in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to point (b) of paragraph 2. |
| --- | --- |

(b)

in the case of a differentiated refund, the products have reached the destination indicated on the licence or another destination for which a refund was fixed, without prejudice to point (b) of paragraph 2.

7.   The Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , establish further conditions for the granting of export refunds in order to prevent diversion of trade, in particular

  namely
  the condition that:

| (a) | refunds are only paid for products of EU origin; |
| --- | --- |

(a)

refunds are only paid for products of EU origin;

| (b) | the amount of refunds for imported products shall be limited to the duties collected on importation where those duties are lower than the refund applicable. |
| --- | --- |

(b)

the amount of refunds for imported products shall be limited to the duties collected on importation where those duties are lower than the refund applicable.

Article 275

Export refunds for live animals in the beef and veal sector

1.   With regard to products of the beef and veal sector, the granting and the payment of the refund for exports of live animals shall be subject to compliance with the animal welfare requirements established in Union legislation and, in particular, the protection of animals during transport.

2.   In order to encourage exporters to respect animal welfare conditions and to enable the competent authorities to verify correct expenditure of export refunds where this is conditional on respect for animal welfare requirements, the Commission shall by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | adopt provisions on the respect of animal welfare requirements outside the customs territory of the Union, and the verification and reporting thereof, including the use of independent third parties; |
| --- | --- |

(a)

adopt provisions on the respect of animal welfare requirements outside the customs territory of the Union, and the verification and reporting thereof, including the use of independent third parties;

| (b) | fix the penalties on the payment or recovery of the export refund for the non respect of legal requirements on animal welfare conditions. |
| --- | --- |

(b)

fix the penalties on the payment or recovery of the export refund for the non respect of legal requirements on animal welfare conditions.

3.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Article.

Article 276

Export limits

Observance of the volume commitments resulting from the agreements concluded in accordance with Article 218 of the Treaty shall be ensured on the basis of export licences issued for the reference periods which apply to the products concerned. With regard to compliance with the obligations arising under the WTO Agreement on Agriculture, the ending of a reference period shall not affect the validity of export licences.

Article 277

Delegated powers

1.   In order to ensure that operators respect their obligations when participating in tendering procedures, the Commission shall, by means of delegated acts
  adopted in accordance with Article 321
  , designate the primary requirement for release of licence securities for tendered export refunds.

2.   In order to minimise the administrative burden for operators and authorities, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , set thresholds below which the obligation to present an export licence may not be required, and designate destinations where an exemption for the obligation to present an export licence can be justified.

3.   In order to adhere to practical situations justifying full or partial eligibility to export refunds, and in order to help operators bridge the period between the application for and the final payment of the export refund, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt measures pertaining to:

| (a) | another date for the refund; |
| --- | --- |

(a)

another date for the refund;

| (b) | the consequences for the payment of the export refund when the product code or destination mentioned in a licence is not in conformity with the actual product or destination; |
| --- | --- |

(b)

the consequences for the payment of the export refund when the product code or destination mentioned in a licence is not in conformity with the actual product or destination;

| (c) | advance payment of export refunds including the conditions for the lodging and release of a security; |
| --- | --- |

(c)

advance payment of export refunds including the conditions for the lodging and release of a security;

| (d) | checks and proof when doubts on the real destination of products exist including the opportunity for re-importation into the customs territory of the Union; |
| --- | --- |

(d)

checks and proof when doubts on the real destination of products exist including the opportunity for re-importation into the customs territory of the Union;

| (e) | destinations treated as exports from the Union, and inclusion of destinations within the customs territory of the Union eligible for export refunds. |
| --- | --- |

(e)

destinations treated as exports from the Union, and inclusion of destinations within the customs territory of the Union eligible for export refunds.

4.   In order to ensure that products benefiting from export refunds are exported from the customs territory of the Union and to avoid their return to that territory, and in order to minimise the administrative burden for operators in generating and submitting proof that refund products reached a country of destination for differentiated refunds, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt measures pertaining to:

| (a) | the time limit by which the exit from the customs territory of the Union must be finalised, including the time for temporary re-entry; |
| --- | --- |

(a)

the time limit by which the exit from the customs territory of the Union must be finalised, including the time for temporary re-entry;

| (b) | the processing that products benefiting from export refunds may undergo during that period; |
| --- | --- |

(b)

the processing that products benefiting from export refunds may undergo during that period;

| (c) | the proof of having reached a destination for differentiated refunds; |
| --- | --- |

(c)

the proof of having reached a destination for differentiated refunds;

| (d) | the refund thresholds and conditions under which exporters may be exempted from such proof; |
| --- | --- |

(d)

the refund thresholds and conditions under which exporters may be exempted from such proof;

| (e) | conditions for approval of proof of reaching a destination for differentiated refunds by independent third parties. |
| --- | --- |

(e)

conditions for approval of proof of reaching a destination for differentiated refunds by independent third parties.

5.   In order to take account of the specificities of the different sectors the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt specific requirements and conditions for operators and of the products eligible for an export refund.

6.   In order to enable adaptation to developments in the processing industry, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , amend Annex XVII, taking into account the criteria referred to in Article 8(2) of Council Regulation (EC) No 1216/2009 (51).

7.   In order to ensure equality of treatment in terms of the conditions to export refunds for exporters of products mentioned in Annex I to the Treaty, and of products processed thereof, the Commission shall, by means of delegated acts
  in accordance with Article 321
  , adopt rules for the application of Article 274(5), (6) and (7) for products referred to in Article 271(1)(b), taking into account the provisions of Regulation (EC) No 1216/2009.

Article 278

Implementing powers

The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Section, in particular:

| (a) | on the redistribution of exportable quantities which have not been allocated or utilised; |
| --- | --- |

(a)

on the redistribution of exportable quantities which have not been allocated or utilised;

| (b) | for monitoring whether operations conferring entitlement to the payment of refunds and all other amounts in respect of export transactions have actually been carried out and executed correctly, including physical checks and document scrutiny; |
| --- | --- |

(b)

for monitoring whether operations conferring entitlement to the payment of refunds and all other amounts in respect of export transactions have actually been carried out and executed correctly, including physical checks and document scrutiny;

| (c) | on products referred to in Article 271(1)(b). |
| --- | --- |

(c)

on products referred to in Article 271(1)(b).

Section III

Export quota management in the milk and milk products sector

Article 279

Management of tariff quotas opened by third countries

1.   With regard to milk and milk products, where an agreement concluded in accordance with Article 218 of the Treaty provides for the total or partial management of a tariff quota opened by a third country, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt specific measures in order to ensure that the quota applied for is used in accordance with the objectives of the international Agreement concerned.

2.   The tariff quotas referred to in paragraph 1 shall be administered in a manner which avoids any discrimination between the operators concerned and which guarantees the full use of the possibilities available under the quota concerned, by applying one of the following methods or a combination of them or another appropriate method:

| (a) | a method based on the chronological order of the lodging of applications (‘first come, first served’ principle); |
| --- | --- |

(a)

a method based on the chronological order of the lodging of applications (‘first come, first served’ principle);

| (b) | a method of distribution in proportion to the quantities requested when the applications were lodged (using the ‘simultaneous examination method’); |
| --- | --- |

(b)

a method of distribution in proportion to the quantities requested when the applications were lodged (using the ‘simultaneous examination method’);

| (c) | a method based on taking traditional trade patterns into account (using the ‘traditional/new arrival method’). |
| --- | --- |

(c)

a method based on taking traditional trade patterns into account (using the ‘traditional/new arrival method’).

3.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the necessary provisions for the administration of quotas opened in accordance with this Section.

4.   The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323
  , adopt the provisions to manage the process to

| (a) | guarantee that the quantities available under quotas opened in accordance with this Section are not exceeded; |
| --- | --- |

(a)

guarantee that the quantities available under quotas opened in accordance with this Section are not exceeded;

| (b) | reallocate unused quantities. |
| --- | --- |

(b)

reallocate unused quantities.

Section IV

Special import treatment by third countries

Article 280

Certificates for products benefiting from a special import treatment in a third country

1.   When products are exported which may, in accordance with agreements concluded by the Union in accordance with Article 218 of the Treaty, benefit from a special treatment on importation into a third country if certain conditions are respected, the competent authorities of the Member States shall, on request and after appropriate checks, issue a document certifying that the conditions are met.

2.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to paragraph 1.

Section V

Special provisions for live plants

Article 281

Minimum export prices

1.   In order to take account of the development of the market for each of the products of the live plants sector falling within CN code 0601 10, one or more minimum prices for exports to third countries may be fixed
  by the Commission
  each year in good time before the marketing season. Measures on fixing the minimum prices shall be taken by the Council in accordance with Article 43(3) of the Treaty.

Exportation of such products shall be permitted only at a price equal to or above the minimum price fixed for the product in question.

2.   The Commission shall, by means of implementing acts, adopt all necessary administrative measures related to the first subparagraph of paragraph 1
  by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a) taking into account, in particular, the prices on international markets and
  , having regard to the obligations arising from agreements concluded in accordance with Article 218 of the Treaty. [Am. 33]

Section VI

Outward processing

Article 282

Suspension of outward processing arrangements

1.   Where the Union market is disturbed or is liable to be disturbed by outward processing arrangements, the Commission may by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , at the request of a Member State or on its own initiative, fully or partially suspend the use of outward processing arrangements for the products of the cereals, rice, fruit and vegetables, processed fruit and vegetables, wine, beef and veal, pigmeat, sheepmeat and goatmeat and poultrymeat sectors. If the Commission receives a request from a Member State, it shall take a decision thereon, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , within five working days following receipt of the request. In cases of urgency, the Commission shall take a decision, acting in accordance with Article 323(2).

The measures adopted shall be communicated forthwith to the Members States and shall take effect immediately.

2.   To the extent necessary for the proper functioning of the CMO, the use of outward processing arrangements for the products referred to in paragraph 1 may be fully or partially prohibited by the European Parliament and the Council, acting in accordance with the procedure laid down in Article 43(2) of the Treaty.

PART IV

COMPETITION RULES

CHAPTER I

Rules applying to undertakings

Article 283

Application of Articles 101 to 106 of the Treaty

Save as otherwise provided for in this Regulation, Articles 101 to 106 of the Treaty and provisions for the application thereof shall, subject to Articles 284, 285, 286 [and 287] of this Regulation, apply to all agreements, decisions and practices referred to in Articles 101(1) and 102 of the Treaty which relate to the production of, or trade in, the products covered by this Regulation.

Article 284

Exceptions

1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and practices referred to in Article 283 of this Regulation which are an integral part of a national market organisation or are necessary for the attainment of the objectives set out in Article 39 of the Treaty.

In particular, Article 101(1) of the Treaty shall not apply to agreements, decisions and practices of farmers, farmers' associations, or associations of such associations belonging to a single Member State which concern the production or sale of agricultural products or the use of joint facilities for the storage, treatment or processing of agricultural products, and under which there is no obligation to charge identical prices, unless the Commission finds that competition is thereby excluded or that the objectives of Article 39 of the Treaty are jeopardised.

2.   After consulting the Member States and hearing the undertakings or associations of undertakings concerned and any other natural or legal person that it considers appropriate, the Commission shall have sole power, subject to review by the Court of Justice of the European Union, to determine which agreements, decisions and practices fulfil the conditions specified in paragraph 1. For that purpose, the Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  without the application of Article 323
  , adopt a Decision which shall be published.

The Commission shall undertake such determination either on its own initiative or at the request of a competent authority of a Member State or of an interested undertaking or association of undertakings.

3.   The publication of the Decision referred to in the first subparagraph of paragraph 2 shall state the names of the parties and the main content of the Decision. It shall have regard to the legitimate interest of undertakings in the protection of their business secrets.

Article 285

Agreements and concerted practices in the fruit and vegetables sector

1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of recognised interbranch organisations with the object of carrying out the activities referred to in Article 210(3)(c) of this Regulation.

2.   Paragraph 1 shall apply only provided that:

| (a) | the agreements, decisions and concerted practices have been notified to the Commission; |
| --- | --- |

(a)

the agreements, decisions and concerted practices have been notified to the Commission;

| (b) | within two months of receipt of all the details required the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  has not found that the agreements, decisions or concerted practices are incompatible with Union rules. |
| --- | --- |

(b)

within two months of receipt of all the details required the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  has not found that the agreements, decisions or concerted practices are incompatible with Union rules.

3.   The agreements, decisions and concerted practices may not be put into effect before the lapse of the period referred to in paragraph 2(b).

4.   The following agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules:

| (a) | agreements, decisions and concerted practices which may lead to the partitioning of markets in any form within the Union; |
| --- | --- |

(a)

agreements, decisions and concerted practices which may lead to the partitioning of markets in any form within the Union;

| (b) | agreements, decisions and concerted practices which may affect the sound operation of the market organisation; |
| --- | --- |

(b)

agreements, decisions and concerted practices which may affect the sound operation of the market organisation;

| (c) | agreements, decisions and concerted practices which may create distortions of competition which are not essential to achieving the objectives of the common agricultural policy pursued by the interbranch organisation activity; |
| --- | --- |

(c)

agreements, decisions and concerted practices which may create distortions of competition which are not essential to achieving the objectives of the common agricultural policy pursued by the interbranch organisation activity;

| (d) | agreements, decisions and concerted practices which entail the fixing of prices, without prejudice to activities carried out by interbranch organisations in the application of specific Union rules; |
| --- | --- |

(d)

agreements, decisions and concerted practices which entail the fixing of prices, without prejudice to activities carried out by interbranch organisations in the application of specific Union rules;

| (e) | agreements, decisions and concerted practices which may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

agreements, decisions and concerted practices which may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

5.   If, following expiry of the two-month period referred to in paragraph 2(b), the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , take a Decision declaring that Article 101(1) of the Treaty applies to the agreement, decision or concerted practice in question.

That Commission Decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

6.   In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time.

Article 286

Agreements and concerted practices in the tobacco sector

1.   Article 101(1) of the Treaty shall not apply to the agreements and concerted practices of recognised interbranch organisations in the tobacco sector, intended to implement the aims referred to in Article 210(1)(c) of this Regulation provided that:

| (a) | the agreements and concerted practices have been notified to the Commission; |
| --- | --- |

(a)

the agreements and concerted practices have been notified to the Commission;

| (b) | the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  and within three months of receipt of all the details required, has not found that those agreements or concerted practices are incompatible with Union competition rules. |
| --- | --- |

(b)

the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  and within three months of receipt of all the details required, has not found that those agreements or concerted practices are incompatible with Union competition rules.

The agreements and concerted practices may not be implemented during that three-month period.

2.   Agreements and concerted practices shall be declared contrary to Union competition rules in the following cases where:

| (a) | they may lead to the partitioning of markets in any form within the Union; |
| --- | --- |

(a)

they may lead to the partitioning of markets in any form within the Union;

| (b) | they may affect the sound operation of the market organisation; |
| --- | --- |

(b)

they may affect the sound operation of the market organisation;

| (c) | they may create distortions of competition which are not essential to achieving the objectives of the common agricultural policy pursued by the interbranch organisation measure; |
| --- | --- |

(c)

they may create distortions of competition which are not essential to achieving the objectives of the common agricultural policy pursued by the interbranch organisation measure;

| (d) | they entail the fixing of prices or quotas, without prejudice to measures taken by interbranch organisations in the application of specific provisions of Union rules; |
| --- | --- |

(d)

they entail the fixing of prices or quotas, without prejudice to measures taken by interbranch organisations in the application of specific provisions of Union rules;

| (e) | they may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

they may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

3.   If, following expiry of the three-month period referred to in point (b) of paragraph 1, the Commission finds that the conditions for applying this Chapter have not been met, it shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , take a decision declaring that Article 101(1) of the Treaty applies to the agreement or concerted practice in question.

That decision shall not apply earlier than the date of notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or misused the exemption provided for in paragraph 1.

Article 287

Agreements and concerted practices in the milk and milk products sector

1.   Article 101(1) of the Treaty shall not apply to the agreements, decisions and concerted practices of recognised interbranch organisations with the object of carrying out the activities referred to in Article 210(4)(c) of this Regulation.

2.   Paragraph 1 shall apply only provided that:

| (a) | the agreements, decisions and concerted practices have been notified to the Commission; |
| --- | --- |

(a)

the agreements, decisions and concerted practices have been notified to the Commission;

| (b) | within three months of receipt of all the details required, the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , has not found that the agreements, decisions or concerted practices are incompatible with Union rules. |
| --- | --- |

(b)

within three months of receipt of all the details required, the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , has not found that the agreements, decisions or concerted practices are incompatible with Union rules.

3.   The agreements, decisions and concerted practices may not be put into effect before the lapse of the period referred to in paragraph 2(b).

4.   The following agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules:

| (a) | agreements, decisions and concerted practices which may lead to the partitioning of markets in any form within the Union; |
| --- | --- |

(a)

agreements, decisions and concerted practices which may lead to the partitioning of markets in any form within the Union;

| (b) | agreements, decisions and concerted practices which may affect the sound operation of the market organisation; |
| --- | --- |

(b)

agreements, decisions and concerted practices which may affect the sound operation of the market organisation;

| (c) | agreements, decisions and concerted practices which may create distortions of competition which are not essential to achieving the objectives of the common agricultural policy pursued by the interbranch organisation activity; |
| --- | --- |

(c)

agreements, decisions and concerted practices which may create distortions of competition which are not essential to achieving the objectives of the common agricultural policy pursued by the interbranch organisation activity;

| (d) | agreements, decisions and concerted practices which entail the fixing of prices; |
| --- | --- |

(d)

agreements, decisions and concerted practices which entail the fixing of prices;

| (e) | agreements, decisions and concerted practices which may create discrimination or eliminate competition in respect of a substantial proportion of the products in question. |
| --- | --- |

(e)

agreements, decisions and concerted practices which may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

5.   If, following expiry of the period referred to in paragraph 2(b), the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , take a Decision declaring that Article 101(1) of the Treaty applies to the agreement, decision or concerted practice in question.

That Commission Decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

6.   In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time.

Article 288

Binding effect of agreements and concerted practices on non-members in the tobacco sector

1.   Interbranch organisations in the tobacco sector may request that certain of their agreements or concerted practices be made binding for a limited period on individuals and groups in the economic sector concerned which are not members of the trade branches which they represent, in the areas in which the branches operate.

In order for their rules to be extended, interbranch organisations shall represent at least two thirds of the production and/or the trade concerned. Where the proposed extension of the rules is of inter-regional scope, the interbranch organisations shall prove they possess a minimum degree of representativeness, in respect of each of the grouped branches, in each region covered.

2.   The rules for which an extension of scope is requested shall have been in force for at least one year and shall relate to one of the following objectives:

| (a) | knowledge of production and the market; |
| --- | --- |

(a)

knowledge of production and the market;

| (b) | definition of minimum qualities; |
| --- | --- |

(b)

definition of minimum qualities;

| (c) | use of cultivation methods compatible with the protection of the environment; |
| --- | --- |

(c)

use of cultivation methods compatible with the protection of the environment;

| (d) | definition of minimum standards of packing and presentation; |
| --- | --- |

(d)

definition of minimum standards of packing and presentation;

| (e) | use of certified seed and monitoring of product quality. |
| --- | --- |

(e)

use of certified seed and monitoring of product quality.

3.   Extension of the rules shall be subject to approval by the Commission by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  .

Article 289

Implementing powers in respect of agreements and concerted practices

In order to guarantee a uniform application of Articles 285, 286, [287] and 288, the Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures, including the rules concerning notification and publication.

CHAPTER II

State aid rules

Article 290

Application of Articles 107, 108 and 109 of the Treaty

Articles 107, 108 and 109 of the Treaty shall apply to the production of, and trade in, the products referred to in Article 1.

However, Articles 107, 108 and 109 of the Treaty shall not apply to payments made by Member States in conformity with this Regulation and provided for in Subsection III of Section IVa of Chapter III of Title I of Part II of Regulation (EC) No 1234/2007 and Articles 37 to 41, 108, 111, 114, 117, 120, 123, 128, 148, 291(2), 292 to 297, and Section VII of Chapter IV of Title I of Part II of this Regulation. Nevertheless, with regard to Article 136(4) only Article 108 of the Treaty shall not apply.

Article 291

Specific provisions for the milk and milk products sector

1.   Subject to Article 107(2) of the Treaty, aids the amount of which is fixed on the basis of the price or quantity of products listed in Part XVI of Annex I of this Regulation shall be prohibited.

National measures permitting equalisation between the prices of products listed in Part XVI of Annex I of this Regulation shall also be prohibited.

2.   Until 31 March 2014 Member States may grant state aid of a total annual amount of up to 55 % of the ceiling set out in Article 69(4) and (5) of Regulation (EC) No 73/2009 to farmers in the dairy sector in addition to Union support granted in accordance with Article 68(1)(b) of that Regulation. However, the total amount of Union support under the measures referred to in Article 69(4) of that Regulation and State aid shall in no case exceed the ceiling referred to in Article 69(4) and (5).

Article 292

Specific provisions for Finland and Sweden

Subject to Commission authorisation, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , aids for the production and marketing of reindeer and reindeer products (CN ex 0208 and ex 0210) may be granted by Finland and Sweden insofar as they do not entail any increase in traditional levels of production.

Article 293

Specific provisions for the sugar sector

Member States which reduce their sugar quota by more than 50 % of the sugar quota fixed on 20 February 2006 in Annex III to Regulation (EC) No 318/2006 may grant temporary State aid during the period for which the transitional aid for beet growers is being paid in accordance with Article 93 of Regulation (EC) No 73/2009. The Commission shall, on the basis of an application by any Member State concerned, adopt a decision by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , on the total amount of the State aid available for this measure.

For Italy, the temporary aid referred to in the first subparagraph shall not exceed a total of EUR 11 per marketing year per tonne of sugar beet to be granted to sugar beet growers and for the transport of sugar beet.

Finland may grant aid up to EUR 350 per hectare per marketing year to sugar beet growers.

The Member States concerned shall inform the Commission within 30 days of the end of each marketing year of the amount of State aid actually granted in that marketing year.

Article 294

Specific provisions for the German Alcohol Monopoly

[The derogation contained in the second paragraph of Article 290 of this Regulation shall apply to aid payments granted by Germany in the existing national framework of the German Alcohol Monopoly ("the Monopoly") for products marketed, after further transformation, by the Monopoly, as ethyl alcohol of agricultural origin listed in Annex I to the Treaty. That derogation shall operate only until 31 December 2017, shall be without prejudice to the application of Article 108(1) and the first sentence of Article 108(3) of the Treaty and shall be conditional upon compliance with the following provisions:

| (a) | the total production of ethyl alcohol under the Monopoly benefiting from the aid shall gradually decrease from the maximum of 600 000 hl in 2011, to 420 000 hl in 2012 and to 240 000 hl in 2013 and may amount to a maximum of 60 000 hl per year from 1 January 2014 until 31 December 2017, on which date the Monopoly shall cease to exist; |
| --- | --- |

(a)

the total production of ethyl alcohol under the Monopoly benefiting from the aid shall gradually decrease from the maximum of 600 000 hl in 2011, to 420 000 hl in 2012 and to 240 000 hl in 2013 and may amount to a maximum of 60 000 hl per year from 1 January 2014 until 31 December 2017, on which date the Monopoly shall cease to exist;

| (b) | the production by agricultural bonded distilleries benefiting from the aid shall gradually decrease from 540 000 hl in 2011, to 360 000 hl in 2012 and 180 000 hl in 2013. By 31 December 2013 all agricultural bonded distilleries shall leave the Monopoly. Upon leaving the Monopoly, each agricultural bonded distillery shall be allowed to receive a compensatory aid of EUR 257,50 per hl of nominal distilling rights within the meaning of the applicable German legislation. This compensatory aid may be granted no later than 31 December 2013. It may, however, be paid in several instalments, of which the last shall be no later than 31 December 2017; |
| --- | --- |

(b)

the production by agricultural bonded distilleries benefiting from the aid shall gradually decrease from 540 000 hl in 2011, to 360 000 hl in 2012 and 180 000 hl in 2013. By 31 December 2013 all agricultural bonded distilleries shall leave the Monopoly. Upon leaving the Monopoly, each agricultural bonded distillery shall be allowed to receive a compensatory aid of EUR 257,50 per hl of nominal distilling rights within the meaning of the applicable German legislation. This compensatory aid may be granted no later than 31 December 2013. It may, however, be paid in several instalments, of which the last shall be no later than 31 December 2017;

| (c) | the small-scale flat-rate distilleries, distillery users and fruit cooperative distilleries may benefit from the aid granted by the Monopoly until 31 December 2017, on condition that the production benefiting from the aid does not exceed 60 000 hl per year; |
| --- | --- |

(c)

the small-scale flat-rate distilleries, distillery users and fruit cooperative distilleries may benefit from the aid granted by the Monopoly until 31 December 2017, on condition that the production benefiting from the aid does not exceed 60 000 hl per year;

| (d) | the total amount of aid paid from 1 January 2011 to 31 December 2013 shall not exceed EUR 269,9 million and the total amount of aid paid from 1 January 2014 to 31 December 2017 shall not exceed EUR 268 million; and |
| --- | --- |

(d)

the total amount of aid paid from 1 January 2011 to 31 December 2013 shall not exceed EUR 269,9 million and the total amount of aid paid from 1 January 2014 to 31 December 2017 shall not exceed EUR 268 million; and

| (e) | before 30 June each year Germany shall submit a report to the Commission on the functioning of the Monopoly and the aid granted in the framework thereof in the previous year. The Commission shall forward that report to the European Parliament and the Council. Moreover, the annual reports to be submitted in the years 2013 to 2016 shall include an annual phasing-out plan for the following year concerning the small-scale flat-rate distilleries, distillery users and fruit cooperative distilleries.] |
| --- | --- |

(e)

before 30 June each year Germany shall submit a report to the Commission on the functioning of the Monopoly and the aid granted in the framework thereof in the previous year. The Commission shall forward that report to the European Parliament and the Council. Moreover, the annual reports to be submitted in the years 2013 to 2016 shall include an annual phasing-out plan for the following year concerning the small-scale flat-rate distilleries, distillery users and fruit cooperative distilleries.]

Article 295

Specific provisions for potatoes

Member States may continue to pay state aids under any existing schemes in respect of the production of and trade in potatoes, fresh or chilled, of CN code 0701 until 31 December 2011.

Article 296 [To be deleted after 31/12/2010]

Specific provisions for the fruit and vegetables sector

With regard to the fruit and vegetables sector, Member States may pay a state aid until 31 December 2010 under the following conditions:

| (a) | the state aid is paid only to producers of fruit and vegetables who are not members of a recognised producer organisation and who sign a contract with a recognised producer organisation in which they accept that they shall apply the crisis prevention and management measures of the producer organisation concerned; |
| --- | --- |

(a)

the state aid is paid only to producers of fruit and vegetables who are not members of a recognised producer organisation and who sign a contract with a recognised producer organisation in which they accept that they shall apply the crisis prevention and management measures of the producer organisation concerned;

| (b) | the amount of aid paid to such producers is no more than 75 % of the Union support received by the members of the producer organisation concerned; and |
| --- | --- |

(b)

the amount of aid paid to such producers is no more than 75 % of the Union support received by the members of the producer organisation concerned; and

| (c) | the Member State concerned presents a report to the Commission by 31 December 2010 on the effectiveness and efficiency of the state aid, in particular analysing how much it has supported the organisation of the sector. The Commission will examine the report and decide whether to make any appropriate proposals.
  [Am. 34] |
| --- | --- |

(c)

the Member State concerned presents a report to the Commission by 31 December 2010 on the effectiveness and efficiency of the state aid, in particular analysing how much it has supported the organisation of the sector. The Commission will examine the report and decide whether to make any appropriate proposals.
  [Am. 34]

Article 297

National aid for distillation of wine in cases of crisis

1.   From 1 August 2012, Member States may grant national aid to wine producers for the voluntary or mandatory distillation of wine in justified cases of crisis.

2.   The aid referred to in paragraph 1 shall be proportionate and allow this crisis to be addressed.

3.   The overall amount of aid available in a Member State in any given year for such aid shall not exceed 15 % of the globally available funds per Member State laid down in Annex X for that year.

4.   Member States which wish to make use of the aid referred to in paragraph 1 shall submit a duly substantiated notification to the Commission. The Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , decide whether the measure is approved and aid may be granted.

5.   The alcohol resulting from distillation referred to in paragraph 1 shall be used exclusively for industrial or energy purposes so as to avoid distortion of competition.

6.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures related to this Article.

PART V

SPECIFIC PROVISIONS FOR SEVERAL OR INDIVIDUAL SECTORS

CHAPTER I

Specific provisions for several sectors

Section I

Disturbances of the markets

Article 298

Disturbances as regards internal market prices

In order to react efficiently and effectively against threats of market disturbance, the Commission may, by means of delegated acts adopted under the urgency procedure
  in accordance with Article 322
  and subject to Article 300, take the necessary measures in the case of the following situations, when those situations are likely to continue, thereby disturbing or threatening to disturb the markets:

| (a) | with regard to the products of the sugar, hops, beef and veal, milk and milk products, sheepmeat and goatmeat sectors, where the prices on the Union market for any of those products rise or fall significantly; |
| --- | --- |

(a)

with regard to the products of the sugar, hops, beef and veal, milk and milk products, sheepmeat and goatmeat sectors, where the prices on the Union market for any of those products rise or fall significantly;

| (b) | with regard to the products of the pigmeat, eggs and poultrymeat sectors and, with regard to olive oil, where the prices on the Union market for any of those products rise significantly. |
| --- | --- |

(b)

with regard to the products of the pigmeat, eggs and poultrymeat sectors and, with regard to olive oil, where the prices on the Union market for any of those products rise significantly.

Article 299

Disturbances caused by quotations or prices on the world market

In order to react efficiently and effectively against threats of market disturbance, the Commission may, where, with regard to the products of the cereals, rice, sugar and milk and milk products sectors, the quotations or prices on the world market of one or more products reach a level that disrupts or threatens to disrupt the availability of supply on the Union market and where that situation is likely to continue or to deteriorate, by means of delegated acts adopted under the urgency procedure
  in accordance with Article 322
  and subject to Article 300 take the necessary measures for the sector concerned. It may in particular suspend import duties in whole or in part for certain quantities.

Article 300

Conditions for the adoption of delegated acts in cases of disturbances

The measures provided for in Articles 298 and 299 may be adopted:

| (a) | provided that any other measures available under this Regulation appear insufficient; |
| --- | --- |

(a)

provided that any other measures available under this Regulation appear insufficient;

| (b) | having regard to the obligations arising from agreements concluded in accordance with Article 218(2) of the Treaty. |
| --- | --- |

(b)

having regard to the obligations arising from agreements concluded in accordance with Article 218(2) of the Treaty.

Article 301

Implementing powers

The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary rules related to Articles 298 and 299. Those rules may, in particular, relate to procedures, notifications, technical criteria and administrative or physical checks to be conducted by the Member States.

Section II

Reporting

Article 302

Reporting in respect of certain sectors

The Commission shall present a report to the European Parliament and to the Council:

| (1) | every three years and for the first time by 31 December 2010[2013] on the implementation of the measures concerning the apiculture sector set out in Section VIII of Chapter IV of Title I of Part II; |
| --- | --- |

(1)

every three years and for the first time by 31 December 2010[2013] on the implementation of the measures concerning the apiculture sector set out in Section VIII of Chapter IV of Title I of Part II;

| (2) | by 31 December 2013 on the implementation of the provisions set out in Section VI of Chapter IV of Title I of Part II and Chapter II of Title II of Part II as regards producer organisations, operational funds and operational programmes in the fruit and vegetables sector; |
| --- | --- |

(2)

by 31 December 2013 on the implementation of the provisions set out in Section VI of Chapter IV of Title I of Part II and Chapter II of Title II of Part II as regards producer organisations, operational funds and operational programmes in the fruit and vegetables sector;

| (3) | by 31 August 2012 on the application of the School Fruit Scheme provided for in Article 128, accompanied, if necessary, by appropriate proposals. The report shall in particular address the issues of the extent to which the scheme has promoted the establishment of well functioning School Fruit Schemes in Member States and the impact of the Scheme on the improvement of children’s eating habits; |
| --- | --- |

(3)

by 31 August 2012 on the application of the School Fruit Scheme provided for in Article 128, accompanied, if necessary, by appropriate proposals. The report shall in particular address the issues of the extent to which the scheme has promoted the establishment of well functioning School Fruit Schemes in Member States and the impact of the Scheme on the improvement of children’s eating habits;

| (4) | by [31 December 2010 and] 31 December 2012 regarding the evolution of the market situation and the consequent conditions for smoothly phasing out the milk quota system, accompanied if necessary by appropriate proposals. Furthermore, a report shall study the consequences for producers of cheeses with a protected designation of origin in accordance with Regulation (EC) No 510/2006; |
| --- | --- |

(4)

by [31 December 2010 and] 31 December 2012 regarding the evolution of the market situation and the consequent conditions for smoothly phasing out the milk quota system, accompanied if necessary by appropriate proposals. Furthermore, a report shall study the consequences for producers of cheeses with a protected designation of origin in accordance with Regulation (EC) No 510/2006;

| (5) | by 31 December 2011 on the implementation of the promotion measures in the wine sector referred to in Article 138; |
| --- | --- |

(5)

by 31 December 2011 on the implementation of the promotion measures in the wine sector referred to in Article 138;

| (6) | by 31 December 2012 concerning the wine sector, in particular taking into account the experience gained with the implementation of the reform.[;] |
| --- | --- |

(6)

by 31 December 2012 concerning the wine sector, in particular taking into account the experience gained with the implementation of the reform.[;]

| [(7) | by 31 December 2014 at the latest on the application of the scheme for food distribution to the most deprived persons in the Union provided for in Article 17, together with any appropriate proposal.] |
| --- | --- |

[(7)

by 31 December 2014 at the latest on the application of the scheme for food distribution to the most deprived persons in the Union provided for in Article 17, together with any appropriate proposal.]

| [(8) | by 30 June 2014 and by 31 December 2018 on the development of the market situation in the milk and milk products sector and in particular on the operation of point (iv) of the first paragraph of Article 209 and of Articles 210(4), 229, 287, 310 and 311, covering in particular potential incentives to encourage farmers to enter into joint production agreements together with any appropriate proposals.] |
| --- | --- |

[(8)

by 30 June 2014 and by 31 December 2018 on the development of the market situation in the milk and milk products sector and in particular on the operation of point (iv) of the first paragraph of Article 209 and of Articles 210(4), 229, 287, 310 and 311, covering in particular potential incentives to encourage farmers to enter into joint production agreements together with any appropriate proposals.]

CHAPTER II

SPECIFIC PROVISIONS FOR INDIVIDUAL SECTORS

Section I

Hops

Article 303

Registration of contracts in the hops sector

1.   Any contract to supply hops produced within the Union concluded between a producer or producer organisation on the one hand and a buyer on the other shall be registered by the bodies designated for that purpose by each producer Member State concerned.

2.   Contracts relating to the supply of specific quantities at agreed prices for a period covering one or more harvests and concluded before 1 August of the year of the first harvest concerned shall be known as ‘contracts concluded in advance’. They shall be registered separately.

3.   The data on which registration is based may be used only for the purposes of this Regulation.

4.   The Commission shall, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , lay down rules concerning the registration of contracts to supply hops.

Section II

Wine

Article 304

Vineyard register and inventory

1.   Member States shall maintain a vineyard register which contains updated information on the production potential.

2.   Member States in which the total area planted with vines of wine grape varieties classifiable according to Article 166(2) is less than 500 hectares shall not be subject to the obligation laid down in paragraph 1.

3.   Member States, which provide for the measure “restructuring and conversion of vineyards” in their support programmes in accordance with Article 139, shall, on the basis of the vineyard register, submit to the Commission by 1 March each year an updated inventory of their production potential.

4.   Any time after 1 January 2016, the Commission may decide,
  by means of delegated acts adopted in accordance with Article 321,
  that paragraphs 1, 2 and 3 no longer apply. [Am. 35]

5.   In order to facilitate the monitoring and the verification of the production potential by Member States, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  , adopt rules on the scope and content of the vineyard register and exemptions.

6.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt provisions on verification of information.

Article 305

Compulsory declarations in the wine sector

1.   Producers of grapes for wine making and producers of must and wine shall declare to the competent national authorities each year the quantities produced from the last harvest.

2.   Member States may require merchants of grapes for wine making to declare each year the quantities marketed from the last harvest.

3.   Producers of must and wine, and merchants other than retailers, shall declare to the competent national authorities each year their stocks of must and wine, whether from the harvest of the current year or from the harvest of preceding years. Must and wine imported from third countries shall be stated separately.

4.   In order to ensure that producers and merchants referred to in paragraphs 1, 2 and 3 respect their obligations, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules:

| (a) | on the content of compulsory declarations and exemptions; |
| --- | --- |

(a)

on the content of compulsory declarations and exemptions;

| (b) | on the content of the declarations referred to in point (a) and the conditions for submission, as well as exemptions from the obligation to submit the declarations; |
| --- | --- |

(b)

on the content of the declarations referred to in point (a) and the conditions for submission, as well as exemptions from the obligation to submit the declarations;

| (c) | on penalties to be applied where declarations are not submitted to Member States within due time. |
| --- | --- |

(c)

on penalties to be applied where declarations are not submitted to Member States within due time.

5.   The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  :

| (a) | lay down conditions in relation to the model forms to be used for the compulsory declarations; |
| --- | --- |

(a)

lay down conditions in relation to the model forms to be used for the compulsory declarations;

| (b) | adopt rules on conversion coefficients for products other than wine; |
| --- | --- |

(b)

adopt rules on conversion coefficients for products other than wine;

| (c) | specify the deadlines for submission of compulsory declarations; |
| --- | --- |

(c)

specify the deadlines for submission of compulsory declarations;

| (d) | lay down rules on inspections and reporting by Member States to the Commission. |
| --- | --- |

(d)

lay down rules on inspections and reporting by Member States to the Commission.

Article 306

Accompanying documents and register in the wine sector

1.   The products of the wine sector shall be put into circulation within the Union only with an officially authorised accompanying document.

2.   Natural or legal persons or groups of persons who hold products covered by the wine sector in the exercise of their trade, in particular producers, bottlers and processors, as well as merchants, shall keep inwards and outwards registers in respect of those products.

3.   In order to facilitate the transport of wine products and verification thereof by Member States, the Commission may, by means of delegated acts
  adopted in accordance with Article 321
  :

| (a) | adopt rules on the accompanying document, when it shall be used and exemptions to the obligation to use such a document; |
| --- | --- |

(a)

adopt rules on the accompanying document, when it shall be used and exemptions to the obligation to use such a document;

| (b) | establish the conditions under which an accompanying document is to be regarded as certifying protected designations of origin or geographical indications; |
| --- | --- |

(b)

establish the conditions under which an accompanying document is to be regarded as certifying protected designations of origin or geographical indications;

| (c) | establish rules on penalties to be applied in case of non-compliance with the accompanying documents; |
| --- | --- |

(c)

establish rules on penalties to be applied in case of non-compliance with the accompanying documents;

| (d) | establish an obligation to keep a register; |
| --- | --- |

(d)

establish an obligation to keep a register;

| (e) | specify who shall keep a register and exemptions from the obligation to keep a register; |
| --- | --- |

(e)

specify who shall keep a register and exemptions from the obligation to keep a register;

| (f) | indicate the operations to be included in the register; |
| --- | --- |

(f)

indicate the operations to be included in the register;

| (g) | establish rules concerning the use of accompanying documents and registers. |
| --- | --- |

(g)

establish rules concerning the use of accompanying documents and registers.

4.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt:

| (a) | rules on the composition of the register, the products to be contained therein, deadlines for entries in registers and the closures of registers; |
| --- | --- |

(a)

rules on the composition of the register, the products to be contained therein, deadlines for entries in registers and the closures of registers;

| (b) | a measure requiring Member States to determine the maximum acceptable percentages for losses; |
| --- | --- |

(b)

a measure requiring Member States to determine the maximum acceptable percentages for losses;

| (c) | general and transitional provisions for the keeping of registers; |
| --- | --- |

(c)

general and transitional provisions for the keeping of registers;

| (d) | rules determining how long accompanying documents and registers shall be kept; |
| --- | --- |

(d)

rules determining how long accompanying documents and registers shall be kept;

| (e) | rules on communications from Member States to the Commission; |
| --- | --- |

(e)

rules on communications from Member States to the Commission;

| (f) | rules as regards obvious errors, force majeure and exceptional circumstances. |
| --- | --- |

(f)

rules as regards obvious errors, force majeure and exceptional circumstances.

Article 307

Designation of responsible national authorities for the wine sector

1.   Without prejudice to any other provisions of this Regulation concerning the determination of competent national authorities, Member States shall designate one or more authorities which shall be responsible for ensuring compliance with Union rules in the wine sector. In particular, Member States shall designate the laboratories authorised to carry out official analyses in the wine sector. The designated laboratories shall meet the general criteria for the operation of testing laboratories set out in ISO/IEC 17025.

2.   Member States shall inform the Commission of the names and addresses of the authorities and laboratories referred to in paragraph 1. The Commission shall make this information public and update it periodically.

Article 308

Notification and evaluation in the wine sector

1.   As concerns unlawful plantings planted after 31 August 1998, referred to in Article 82, Member States shall notify the Commission by 1 March each year of the areas which were planted with vines without a corresponding planting right after 31 August 1998, as well as of the areas grubbed up in accordance with paragraph 1 of that Article.

2.   As concerns the obligatory regularisation of unlawful plantings planted before 1 September 1998 referred to in Article 83, Member States shall notify the Commission by 1 March of each of the relevant years of:

| (a) | the areas planted with vines without a corresponding planting right before 1 September 1998; |
| --- | --- |

(a)

the areas planted with vines without a corresponding planting right before 1 September 1998;

| (b) | the areas regularised in accordance with paragraph 1 of that Article, the fees as provided for in that paragraph as well as the average value of the regional planting rights as provided for in paragraph 2 of that Article. |
| --- | --- |

(b)

the areas regularised in accordance with paragraph 1 of that Article, the fees as provided for in that paragraph as well as the average value of the regional planting rights as provided for in paragraph 2 of that Article.

Member States shall, for the first time by 1 March 2010, notify the Commission of the areas grubbed up in accordance with the first subparagraph of Article 83(4).

The end of the transitional ban on new plantings on 31 December 2015 as provided for in Article 89(1), shall not affect the obligations provided for in this paragraph.

3.   Member States shall submit to the Commission by 1 March each year, and for the first time by 1 March 2010, a report on the implementation of the measures provided for in their support programmes referred to in Section VII of Chapter IV of Title I of Part II during the previous financial year.

Those reports shall list and describe the measures for which Union assistance under the support programmes was granted and shall, in particular, provide details on the implementation of the promotion measures referred to in Article 138.

4.   Member States shall, by 1 March 2011 and, a second time, by 1 March 2014, submit to the Commission an evaluation of the costs and benefits of the support programmes as well as an indication of how to increase their efficiency.

5.   The Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt rules on notifications and evaluation in order to ensure uniform application of this Article.

Section III

Milk and milk products

Article 309

Promotional levy in the milk and milk products sector

Without prejudice to the application of Articles 107, 108 and 109 of the Treaty as provided for in the first paragraph of Article 290 of this Regulation, a Member State may impose a promotional levy on its milk producers in respect of marketed quantities of milk or milk equivalent in order to finance the measures on promoting consumption in the Union, expanding the markets for milk and milk products and improving quality.

Article 310

Compulsory declarations in the milk and milk products sector

1.   Processors of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month.

2.   In order to ensure the usefulness and timeliness of such declarations for market management purposes, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt rules on the scope, content, format and timing of such declarations.

Article 311

Contractual relations in the milk and milk products sector

1.   If a Member State decides that every delivery of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, such contract shall fulfil the conditions laid down in paragraph 2.

In the case described in the first subparagraph, the Member State concerned shall also decide that if the delivery of raw milk is made through one or more collectors, each stage of the delivery must be covered by such a contract between the parties. To this end, a "collector" means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

2.   The contract shall:

| (a) | be concluded in advance of the delivery, |
| --- | --- |

(a)

be concluded in advance of the delivery,

| (b) | be made in writing, and |
| --- | --- |

(b)

be made in writing, and

| (c) | include, in particular, the following elements:






  (i) | the price payable for the delivery, which shall:






  — | be static and be set out in the contract, and/or |
| --- | --- | --- | --- |

(c)

include, in particular, the following elements:

(i)

the price payable for the delivery, which shall:

—

be static and be set out in the contract, and/or

| — | vary only on factors which are set out in the contract, in particular the development of the market situation based on market indicators, the volume delivered and the quality or composition of the raw milk delivered, |
| --- | --- |

—

vary only on factors which are set out in the contract, in particular the development of the market situation based on market indicators, the volume delivered and the quality or composition of the raw milk delivered,

| (ii) | the volume which may and/or shall be delivered and the timing of deliveries, and |
| --- | --- |

(ii)

the volume which may and/or shall be delivered and the timing of deliveries, and

| (iii) | the duration of the contract, which may include an indefinite duration with termination clauses. |
| --- | --- |

(iii)

the duration of the contract, which may include an indefinite duration with termination clauses.

3.   By way of derogation from paragraph 1, a contract shall not be required where raw milk is delivered by a farmer to a processor of raw milk where the processor is a co-operative of which the farmer is a member if its statutes contain provisions having similar effects as those set out in points (a), (b) and (c) of paragraph 2.

4.   All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including those elements referred to in paragraph 2(c), shall be freely negotiated between the parties.

5.   In order to guarantee a uniform application of this Article, the Commission may, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary measures.]

Section IV

Ethyl alcohol

Article 312

Notifications in the ethyl alcohol sector

1.   As regards the products of the ethyl alcohol sector, the Member States shall notify the Commission of the following information:

| (a) | the production of ethyl alcohol of agricultural origin expressed as hectolitres of pure alcohol, broken down by alcohol-producing product used; |
| --- | --- |

(a)

the production of ethyl alcohol of agricultural origin expressed as hectolitres of pure alcohol, broken down by alcohol-producing product used;

| (b) | the volume of ethyl alcohol of agricultural origin disposed of, expressed as hectolitres of pure alcohol, broken down by sector of destination; |
| --- | --- |

(b)

the volume of ethyl alcohol of agricultural origin disposed of, expressed as hectolitres of pure alcohol, broken down by sector of destination;

| (c) | the stocks of ethyl alcohol of agricultural origin available in the Member State at the end of the previous year; |
| --- | --- |

(c)

the stocks of ethyl alcohol of agricultural origin available in the Member State at the end of the previous year;

| (d) | forecast production for the current year. |
| --- | --- |

(d)

forecast production for the current year.

Rules for notifying this information and, in particular, the frequency of notification and the definition of the sectors of destination shall be adopted by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  .

2.   On the basis of the information referred to in paragraph 1 and of any other information available, the Commission shall, by means of implementing acts without the assistance of the Committee referred to in Article 323(1)

  adopted without the application of Article 323
  , draw up a Union balance for the market in ethyl alcohol of agricultural origin for the previous year and an estimated balance for the current year.

The Union balance shall also contain information on ethyl alcohol of non-agricultural origin. The precise content and means of collecting such information shall be laid down by the Commission by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  .

For the purposes of this paragraph, ‘ethyl alcohol of non-agricultural origin’ shall mean products falling within CN codes 2207, 2208 90 91 and 2208 90 99 not obtained from a specific agricultural product listed in Annex I to the Treaty.

3.   The Commission shall notify the Member States of the balances referred to in paragraph 2.

PART VI

GENERAL PROVISIONS

Article 313

Financial provisions

Regulation (EC) No 1290/2005 and the provisions adopted for the application thereof shall apply to the expenditure incurred by the Member States in carrying out obligations under this Regulation.

Article 314

Transfer of amounts available in the wine sector to rural development

1.   The amounts fixed in paragraph 2, based on historical expenditure under Regulation (EC) No 1493/1999 for intervention measures to regulate agricultural markets as referred to in Article 3(1)(b) of Regulation (EC) No 1290/2005, shall be available as additional Union funds for measures in wine-producing regions under the rural development programming financed under Regulation (EC) No 1698/2005.

2.   The following amounts shall be available in the given calendar years:

| — | 2009: EUR 40 660 000, |
| --- | --- |

—

2009: EUR 40 660 000,

| — | 2010: EUR 82 110 000, |
| --- | --- |

—

2010: EUR 82 110 000,

| — | from 2011 onwards: EUR 122 610 000. [Am. 36] |
| --- | --- |

—

from 2011 onwards: EUR 122 610 000. [Am. 36]

3.   The amounts set in paragraph 2 shall be allocated among Member States in accordance with Annex XIX.

4.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt all necessary rules related to this Article.

Article 315

Measures to resolve specific practical problems

1.   The Commission shall, by means of implementing acts, adopt

  delegated acts adopted in accordance with Article 321
  ,
  lay down
  the measures which are both necessary and justifiable in an emergency, in order to resolve specific practical problems. Such measures may derogate from provisions of this Regulation, but only to the extent that, and for such a period, as is strictly necessary.

2.   Where it is necessary, in order to resolve the problem in question, the Commission shall act in accordance with Article 323(2).

  Where imperative grounds of urgency so require, the urgency procedure provided for in Article 322 shall apply to delegated acts adopted pursuant to this Article. [Am. 37]

Article 316

Exchange of information

1.   Member States and the Commission shall notify each other of any information necessary for the application of this Regulation or for market monitoring and analysis and for complying with the international obligations concerning the products referred to in Article 1. That information may, where appropriate, be transmitted or made available to the competent authorities of third countries and may be made public.

2.   In order to make notifications referred to in paragraph 1 fast, efficient, accurate, and cost effective, the Commission shall, by means of delegated acts
  adopted in accordance with Article 321
  , lay down:

| (a) | the nature and type of the information to be notified; |
| --- | --- |

(a)

the nature and type of the information to be notified;

| (b) | the methods of notification; |
| --- | --- |

(b)

the methods of notification;

| (c) | the rules related to the access rights to the information or information systems made available; |
| --- | --- |

(c)

the rules related to the access rights to the information or information systems made available;

| (d) | the conditions and means of publication of the information. |
| --- | --- |

(d)

the conditions and means of publication of the information.

3.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt:

| (a) | rules on providing the information as necessary for the application of this Article; |
| --- | --- |

(a)

rules on providing the information as necessary for the application of this Article;

| (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; |
| --- | --- |

(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;

| (c) | arrangements for transmitting or making information and documents available to the Member States, the competent authorities in third countries, or the public. |
| --- | --- |

(c)

arrangements for transmitting or making information and documents available to the Member States, the competent authorities in third countries, or the public.

Article 317

Circumvention clause

Without prejudice to any specific provisions, no advantage provided for under this Regulation shall be granted in favour of a natural or legal person in respect of whom it is established that the conditions required for obtaining such advantages were created artificially, contrary to the objectives of this Regulation.

Article 318

Checks and verifications, administrative measures, administrative penalties and their reporting

1.   In order to strike a balance between a deterrent effect of charges, sanctions and penalties to be imposed for non-compliance with any of the obligations resulting from the application of this Regulation on the one hand, and a flexible application of the system on the other hand, the Commission shall, by means of delegated acts
  in accordance with Article 321
  , adopt the rules and conditions relating to the following:

| (a) | the exclusion and suspension of payment or a reduction rate of aids, payments or refunds, in particular in case time limits have not been respected, the product, size or quantity is not in conformity with the application, the evaluation of a scheme or the notification of information did not take place, is incorrect or is not notified on time; |
| --- | --- |

(a)

the exclusion and suspension of payment or a reduction rate of aids, payments or refunds, in particular in case time limits have not been respected, the product, size or quantity is not in conformity with the application, the evaluation of a scheme or the notification of information did not take place, is incorrect or is not notified on time;

| (b) | the reduction of the payment to the Member States concerning their agricultural expenditure in case the time limits established for the recovery of the contribution to payment of surplus levy have not been met, or suspension of monthly payments in case Member States fail to send or to send in time, or send incorrect information to the Commission; |
| --- | --- |

(b)

the reduction of the payment to the Member States concerning their agricultural expenditure in case the time limits established for the recovery of the contribution to payment of surplus levy have not been met, or suspension of monthly payments in case Member States fail to send or to send in time, or send incorrect information to the Commission;

| (c) | the standard amounts an offerer or tenderer has to pay when intervention products do not meet the quality requirements; |
| --- | --- |

(c)

the standard amounts an offerer or tenderer has to pay when intervention products do not meet the quality requirements;

| (d) | the partial or total recovery of payments in case an approval or a recognition plan has been suspended or withdrawn or in case of undue payment; |
| --- | --- |

(d)

the partial or total recovery of payments in case an approval or a recognition plan has been suspended or withdrawn or in case of undue payment;

| (e) | the extra amount, additional charges or interest rate to be applied in case of fraud, irregularity, absence of proof that an obligation has been fulfilled or over-time declarations; |
| --- | --- |

(e)

the extra amount, additional charges or interest rate to be applied in case of fraud, irregularity, absence of proof that an obligation has been fulfilled or over-time declarations;

| (f) | the grubbing up of vineyards used illegally; |
| --- | --- |

(f)

the grubbing up of vineyards used illegally;

| (g) | the rate of reduction to be applied on release of securities for refunds, licences, offers, tenders or specific applications when an obligation covered by that security has partially or totally not been met; |
| --- | --- |

(g)

the rate of reduction to be applied on release of securities for refunds, licences, offers, tenders or specific applications when an obligation covered by that security has partially or totally not been met;

| (h) | the retention by Member States of the amounts recovered as sanctions and penalties or their assignment to the budget of the Union; |
| --- | --- |

(h)

the retention by Member States of the amounts recovered as sanctions and penalties or their assignment to the budget of the Union;

| (i) | the exclusion of an operator or an applicant from public intervention and private storage, from the licence application system or from the tariff quota systems in case of fraud or submission of incorrect information; |
| --- | --- |

(i)

the exclusion of an operator or an applicant from public intervention and private storage, from the licence application system or from the tariff quota systems in case of fraud or submission of incorrect information;

| (j) | the withdrawal or suspension of an approval or a recognition, in particular when an operator, producer organisation, association of producer organisations, producer group or inter-branch organisation fails to respect or no longer meets the conditions required, including failure to make notifications; |
| --- | --- |

(j)

the withdrawal or suspension of an approval or a recognition, in particular when an operator, producer organisation, association of producer organisations, producer group or inter-branch organisation fails to respect or no longer meets the conditions required, including failure to make notifications;

| (k) | the application of appropriate national penalties on operators involved in the procedure of production in excess of quotas. |
| --- | --- |

(k)

the application of appropriate national penalties on operators involved in the procedure of production in excess of quotas.

The charges and administrative sanctions and penalties provided for pursuant to the first subparagraph shall be graduated according to the severity, extent, permanence and repetition of the non-compliance found.

2.   The Commission shall, by means of implementing acts
  in accordance with the examination procedure referred to in Article 323(1a)
  , adopt the following:

| (a) | the rules concerning administrative and physical checks to be conducted by the Member States with regard to the respect of obligations resulting from the application of this Regulation; |
| --- | --- |

(a)

the rules concerning administrative and physical checks to be conducted by the Member States with regard to the respect of obligations resulting from the application of this Regulation;

| (b) | the procedures and technical criteria related to the administrative measures and administrative penalties referred to in paragraph 1 where non-compliance with any of the obligations resulting from the application of this Regulation is found; |
| --- | --- |

(b)

the procedures and technical criteria related to the administrative measures and administrative penalties referred to in paragraph 1 where non-compliance with any of the obligations resulting from the application of this Regulation is found;

| (c) | the procedures and criteria related to the recovery of undue payments as regards the implementation of the rules and conditions referred to in point (d) of paragraph 1; |
| --- | --- |

(c)

the procedures and criteria related to the recovery of undue payments as regards the implementation of the rules and conditions referred to in point (d) of paragraph 1;

| (d) | the rules and methods on the reporting of the checks and verification carried out and their results; |
| --- | --- |

(d)

the rules and methods on the reporting of the checks and verification carried out and their results;

| (e) | where the specific needs for proper management of the system so require, rules introducing additional requirements with respect to customs procedures, in particular as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council (52). |
| --- | --- |

(e)

where the specific needs for proper management of the system so require, rules introducing additional requirements with respect to customs procedures, in particular as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council (52).

3.   The Commission may, by means of implementing acts
  adopted in accordance with the examination procedure referred to in Article 323(1a)
  , determine the rules on the measurement of areas in the wine sector ensuring uniform application of the provisions of this Regulation. Such rules may, in particular, relate to verification and rules governing the specific financial procedures for the improvement of checks.

Article 319

Compatibility with the integrated administration and control system

For the purposes of applying this Regulation in the wine sector, Member States shall ensure that the administration and control procedures, referred to in Article 318, which relate to areas, are compatible with the integrated administration control system (IACS) as regards the following elements:

| (a) | the computerised database; |
| --- | --- |

(a)

the computerised database;

| (b) | the identification systems for agricultural parcels referred to in Article 17 of Regulation (EC) No 73/2009; |
| --- | --- |

(b)

the identification systems for agricultural parcels referred to in Article 17 of Regulation (EC) No 73/2009;

| (c) | the administrative checks. |
| --- | --- |

(c)

the administrative checks.

The procedures shall allow, without any problems or conflicts, a common functioning or the exchange of data with the IACS.

PART VII

DELEGATIONS OF POWER, IMPLEMENTING PROVISIONS, TRANSITIONAL AND FINAL RULES

CHAPTER I

Delegations of power and implementing provisions

Article 320

Commission powers

Save as otherwise explicitly provided for in this Regulation, where powers are conferred upon the Commission, it shall act:

| — | in accordance with the procedure referred to in Article 321 in the case of delegated acts; |
| --- | --- |

—

in accordance with the procedure referred to in Article 321 in the case of delegated acts;

| — | in accordance with the procedure referred to in Articles 321 and 322 in the case of delegated acts adopted under the urgency procedure; and |
| --- | --- |

—

in accordance with the procedure referred to in Articles 321 and 322 in the case of delegated acts adopted under the urgency procedure; and

| — | in accordance with the procedure referred to in Article 323 in the case of implementing acts. |
| --- | --- |

—

in accordance with the procedure referred to in Article 323 in the case of implementing acts.

Article 321

Delegated acts

1.   The powers to adopt the delegated acts referred to in this Regulation shall be is conferred on the Commission for an indeterminate period of time

  subject to the conditions laid down in this Article
  .

As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

2.   The delegation of power referred to in paragraph 1 may be revoked by the European Parliament or by the Council.

  The delegation of power shall be conferred on the Commission for a period of five years from ... (53). The Commission shall draw up a report in respect of the delegated power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

3.   The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

  The delegation of power may be revoked at any time by the European Parliament or by the Council
  .
  A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.
     
  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council, or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 38]

Article 322

Urgency procedure

1.   Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act adopted under this Article to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.

2.   
  Either
  the European Parliament or the Council may object to a delegated act adopted under this Article in accordance with the procedure referred to in Article 321(3)

  321(5).
  In such a case,
  the Commission shall repeal
  the act shall cease to apply. The institution which objects to such a delegated act shall state its reasons.

  without delay following the notification of the decision to object by the European Parliament or by the Council. [Am. 39]

Article 323

Implementing acts Committee

1.   [Where implementing acts are adopted pursuant to this Regulation, The Commission shall be assisted by
  a committee which shall be referred to as
  the Committee for the Common Organisation of the Agricultural Markets. and the procedure provided for in Article [5] of Regulation (EU) No [xxxx/yyyy](to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(2) of the TFEU, currently the subject of discussion by the European Parliament and the Council)shall apply.]

  That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

1a.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

2.   In the cases of urgency provided for in Articles 265, 266, 282 and 315(2) of this Regulation, the procedure provided for in Article [6] of Regulation (EU) No [xxxx/yyyy] shall apply.

  Where reference is made to this paragraph
  ,
  Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. [Am. 40]

Article 324

Organisation of the Committee

The organisation of the meetings of the Committee referred to in Article 323(1) shall take into account, in particular, the scope of its responsibilities, the specificities of the subject to be dealt with, and the need to involve appropriate expertise.

CHAPTER II

Transitional and final provisions

Article 325

Repeals

1.   Regulation (EEC) No 922/72 is repealed.

2.   Regulation (EC) No 1234/2007 is repealed.

However, Articles 113a, 113b, 114, 115, 116, 117(1) to (4) of Regulation (EC) No 1234/2007 as well as Annexes XIa (II) second paragraph, XIa (IV to IX), XII (IV)(2), XIII (VI) second paragraph, XIV(A), XIV (B)(I) (2) and (3), XIV (B)(III) and XIV (C), XV (II), (III), (IV) and (VI), to that Regulation, for the purpose of applying those Articles, shall continue to apply until the date to be determined pursuant to Article 326 of this Regulation.

Furthermore:

| — | Articles 85o to 85x of Regulation (EC) No 1234/2007, as well as Annex Xd and Xe to that Regulation, for the purpose of applying those Articles, shall continue to apply until the end of the wine year 2010/2011; |
| --- | --- |

—

Articles 85o to 85x of Regulation (EC) No 1234/2007, as well as Annex Xd and Xe to that Regulation, for the purpose of applying those Articles, shall continue to apply until the end of the wine year 2010/2011;

| — | Articles 84a, 86 to 95a, 188a(3) and 188a(4) of Regulation (EC) No 1234/2007 as well as Annexes Xa, and XI to that Regulation, for the purpose of applying those Articles, shall continue to apply until the end of the 2011/2012 marketing year for the products concerned; |
| --- | --- |

—

Articles 84a, 86 to 95a, 188a(3) and 188a(4) of Regulation (EC) No 1234/2007 as well as Annexes Xa, and XI to that Regulation, for the purpose of applying those Articles, shall continue to apply until the end of the 2011/2012 marketing year for the products concerned;

| — | Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007 as well as Annex XVa to that Regulation, for the purposes of applying those Articles, shall continue to apply until 31 July 2012. |
| --- | --- |

—

Articles 103w, 103x and 103y of Regulation (EC) No 1234/2007 as well as Annex XVa to that Regulation, for the purposes of applying those Articles, shall continue to apply until 31 July 2012.

3.   References to Regulation (EC) No 1234/2007 shall be construed as references to this Regulation and be read in accordance with the correlation table set out in Annex XX to this Regulation.

Article 326

Date of application of marketing rules

In order to ensure legal certainty as regards the application of marketing rules, the Commission shall, by means of delegated acts, determine the date on which the provisions of Regulation (EC) No 1234/2007 referred to in the second subparagraph of Article 325(2) of this Regulation or parts thereof cease to apply to the sector concerned. That date shall be the date of application of the corresponding marketing rules to be established pursuant to the delegated acts provided for in Section I of Chapter I of Title II of Part II of this Regulation.

Article 327

Transitional rules in the fruit and vegetables and the processed fruit and vegetables sectors

1.   This Regulation shall not affect the recognition of producer groups, producer organisations and associations of producer organisations granted before the entry into force of this Regulation, nor shall it have any impact on pending recognition plans or operational programmes.

2.   In order to ensure that all arrangements provided for in Regulation (EC) No 1234/2007 are maintained, the Commission may adopt transitional rules by means of delegated acts
  adopted in accordance with Article 321
  .

Article 328

Transitional rules in the wine sector

In order to ensure that economic operators are not prejudiced by the entry into force of this Regulation, the Commission may, by means of delegated acts
  in accordance with Article 321
  , adopt the measures required to facilitate the transition from the arrangements provided for in Regulations (EC) No 1493/1999 and (EC) No 479/2008 to those laid down in this Regulation.

Article 329

Entry into force

1.   This Regulation shall enter into force on the [seventh] day following that of its publication in the Official Journal of the European Union.

[However, Article 159 shall apply from [.../one year after the entry into force]].

2.   As regards the sugar sector, Title I of Part II shall apply until the end of the marketing year 2014/2015 for sugar.

The provisions related to the system of milk production limitation established in Chapter III of Title I of Part II shall, in accordance with Article 59, apply until 31 March 2015.

As regards the milk and milk products sector, point (iv) of the first paragraph of Article 209 and Articles 210(4), 229, 287, 310 and 311 shall apply until 30 June 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 132, 3.5.2011, p. 89.

1

(2)  Position of the European Parliament of 4 July 2012.

2

(3)  OJ L 299, 16.11.2007, p. 1.

3

(4)  OJ L 106, 5.5.1972, p. 1.

4

(5)  

  OJ L 55, 28.2.2011, p. 13.

5

OJ L 55, 28.2.2011, p. 13.

(6)  OJ L 30, 31.1.2009, p. 1.

6

(7)  OJ L 76, 19.3.2008, p. 6.

7

(8)  OJ L 30, 31.1.2009, p. 16.

8

(9)  OJ L 277, 21.10.2005, p. 1.

9

(10)  COM(2009)0234 final.

10

(11)  OJ L 31, 1.2.2002, p. 1.

11

(12)  OJ L 93, 31.3.2006, p. 12.

12

(13)  OJ L 214, 4.8.2006, p. 7.

13

(14)  OJ L 58, 28.2.2006, p. 1.

14

(15)  OJ L 209, 11.8.2005, p. 1.

15

(16)  OJ L 243, 6.9.2006, p. 47.

16

(17)  COM(2010)0498.

17

(18)  OJ L 179, 14.7.1999, p. 1.

18

(19)  OJ L 143, 16.6 2000, p. 1.

19

(20)  OJ L 265, 26.9.2006, p. 1.

20

(21)  OJ L 189, 20.7.2007, p. 1.

21

(22)  OJ L 210, 31.7.2006, p. 25.

22

(23)  OJ L 148, 6.6.2008, p. 1.

23

(24)  

  OJ L 358, 16.12.2006, p. 3.

24

OJ L 358, 16.12.2006, p. 3.

(25)  OJ L 124, 20.5.2003, p. 36.

25

(26)  OJ C 244, 1.10.2004, p. 2.

26

(27)  OJ L 197, 3.8.2000, p. 19.

27

(28)  OJ L 10, 12.1.2002, p. 47.

28

(29)  OJ L 10, 12.1.2002, p. 53.

29

(30)  OJ L 10, 12.1.2002, p. 58.

30

(31)  OJ L 10, 12.1.2002, p. 67.

31

(32)  OJ L 15, 17.1.2002, p. 19.

32

(33)  OJ L 39, 13.2.2008, p. 16.

33

(34)  OJ L 299, 8.11.2008, p. 25.

34

(35)  OJ L 78, 24.3.2009, p. 1.

35

(36)  OJ L 165, 30.4.2004, p. 1.

36

(37)  OJ L 118, 4.5.2002, p. 1.

37

(38)  OJ L 186, 30.6.1989, p. 21.

38

(39)  OJ L 109, 6.5.2000, p. 29.

39

(40)  OJ L 247, 21.9.2007, p. 17.

40

(41)  Council Regulation (EEC) No 707/76 of 25 March 1976 on the recognition of producer groups of silkworm rearers (OJ L 84, 31.3.1976, p. 1).

41

(42)  Council Regulation (EC) No 865/2004 of 29 April 2004.on the common organisation of the market in olive oil and table olives (OJ L 161, 30.4.2004, p. 97).

42

(43)  Regulation (EC) No 1952/2005 of 23 November 2005 concerning the common organisation of the market in hops (OJ L 314, 30.11.2005, p. 1).

43

(44)  Council Regulation (EEC) No 2077/92 of 30 June 1992 concerning inter-branch organizations and agreements in the tobacco sector (OJ L 215, 30.7.1992, p. 80).

44

(45)  Council Regulation (EEC) No 2092/91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs (OJ L 198, 22.7.1991, p. 1).

45

(46)  Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products (OJ L 189, 20.7.2007, p. 1).

46

(47)  OJ L 1, 4.1.2003, p. 1.

47

(48)  OJ L 256, 7.9.1987, p. 1.

48

(49)  OJ L 84, 31.3.2009, p. 1.

49

(50)  OJ L 185, 17.7.2009, p. 1.

50

(51)  OJ L 328, 15.12.2009, p. 10.

51

(52)  OJ L 145, 4.6.2008, p. 1.

52

(53)  
  Date of entry into force of this Regulation.

53

Date of entry into force of this Regulation.

Wednesday 4 July 2012ANNEX I

LIST OF PRODUCTS REFERRED TO IN ARTICLE 1(1)

Part I:   Cereals

As regards cereals, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 0709 90 60 | Sweetcorn, fresh or chilled |
| 0712 90 19 | Dried sweetcorn, whole, cut, sliced, broken or in powder, but not further prepared, other than hybrid for sowing |
| 1001 90 91 | Common wheat and meslin seed |
| 1001 90 99 | Spelt, common wheat and meslin other than for sowing |
| 1002 00 00 | Rye |
| 1003 00 | Barley |
| 1004 00 | Oats |
| 1005 10 90 | Maize (corn) seed other than hybrid |
| 1005 90 00 | Maize other than seed |
| 1007 00 90 | Grain sorghum, other than hybrids for sowing |
| 1008 | Buckwheat, millet and canary seed; other cereals |
| (b) | 1001 10 | Durum wheat |
| (c) | 1101 00 00 | Wheat or meslin flour |
| 1102 10 00 | Rye flour |
| 1103 11 | Groats and meal of wheat |
| 1107 | Malt, whether or not roasted |
| (d) | 0714 | Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith |
| ex 1102 | Cereal flours other than of wheat or meslin: |
| 1102 20 | Maize (corn) flour |
| 1102 90 | Other: |
| 1102 90 10 | Barley flour |
| 1102 90 30 | Oat flour |
| 1102 90 90 | Other |
| ex 1103 | Cereal groats, meal and pellets with the exception of groats and meal of wheat (subheading 1103 11), groats and meal of rice (subheading 1103 19 50) and pellets of rice (subheading 1103 20 50) |
| ex 1104 | Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006 and flaked rice of subheading 1104 19 91; germ of cereals, whole, rolled, flaked or ground |
| 1106 20 | Flour, meal and powder of sago or of roots or tubers of heading 0714 |
| ex 1108 | Starches; inulin: |
| Starches: |
| 1108 11 00 | Wheat starch |
| 1108 12 00 | Maize (corn) starch |
| 1108 13 00 | Potato starch |
| 1108 14 00 | Manioc (cassava) starch |
| ex 1108 19 | Other starches: |
| 1108 19 90 | Other |
| 1109 00 00 | Wheat gluten, whether or not dried |
| 1702 | Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel: |
| ex 1702 30 | Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose: |
| | Other: |
| ex 1702 30 50 | In the form of white crystalline powder, whether or not agglomerated, containing in the dry state less than 99 % by weight of glucose |
| ex 1702 30 90 | Other, containing in the dry state less than 99 % by weight of glucose |
| ex 1702 40 | Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of fructose, excluding invert sugar: |
| 1702 40 90 | Other |
| ex 1702 90 | Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose: |
| 1702 90 50 | Maltodextrine and maltodextrine syrup |
| Caramel: |
| Other: |
| 1702 90 75 | In the form of powder, whether or not agglomerated |
| 1702 90 79 | Other |
| 2106 | Food preparations not elsewhere specified or included: |
| ex 2106 90 | Other |
| Flavoured or coloured sugar syrups: |
| Other |
| 2106 90 55 | Glucose syrup and maltodextrine syrup |
| ex 2302 | Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals |
| ex 2303 | Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets: |
| 2303 10 | Residues of starch manufacture and similar residues |
| 2303 30 00 | Brewing or distilling dregs and waste |
| ex 2306 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetables fats or oils, other than those of headings 2304 and 2305: |
| Other |
| 2306 90 05 | Of maize (corn) germ |
| ex 2308 | Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: |
| 2308 00 40 | Acorns and horse-chestnuts; pomace or marc of fruit, other than grapes |
| 2309 | Preparations of a kind used in animal feeding: |
| ex 2309 10 | Dog or cat food, put up for retail sale: |
| 2309 10 11
  2309 10 13
  2309 10 31
  2309 10 33
  2309 10 51
  2309 10 53 | Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products |
| ex 2309 90 | Other: |
| 2309 90 20 | Products referred to in additional note 5 to chapter 23 of the Combined Nomenclature |
| Other, including premixes: |
| 2309 90 31
  2309 90 33
  2309 90 41
  2309 90 43
  2309 90 51
  2309 90 53 | Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products: |
| (1) | For the purposes of this subheading 'milk products' means products falling within headings 0401 to 0406 as well as subheadings 1702 11, 1702 19. and 2106 90 51. |

CN code

Description

(a)

0709 90 60

Sweetcorn, fresh or chilled

0712 90 19

Dried sweetcorn, whole, cut, sliced, broken or in powder, but not further prepared, other than hybrid for sowing

1001 90 91

Common wheat and meslin seed

1001 90 99

Spelt, common wheat and meslin other than for sowing

1002 00 00

Rye

1003 00

Barley

1004 00

Oats

1005 10 90

Maize (corn) seed other than hybrid

1005 90 00

Maize other than seed

1007 00 90

Grain sorghum, other than hybrids for sowing

1008

Buckwheat, millet and canary seed; other cereals

(b)

1001 10

Durum wheat

(c)

1101 00 00

Wheat or meslin flour

1102 10 00

Rye flour

1103 11

Groats and meal of wheat

1107

Malt, whether or not roasted

(d)

0714

Manioc, arrowroot, salep, Jerusalem artichokes, sweet potatoes and similar roots and tubers with high starch or inulin content, fresh, chilled, frozen or dried, whether or not sliced or in the form of pellets; sago pith

ex 1102

Cereal flours other than of wheat or meslin:

1102 20

Maize (corn) flour

1102 90

Other:

1102 90 10

Barley flour

1102 90 30

Oat flour

1102 90 90

Other

ex 1103

Cereal groats, meal and pellets with the exception of groats and meal of wheat (subheading 1103 11), groats and meal of rice (subheading 1103 19 50) and pellets of rice (subheading 1103 20 50)

ex 1104

Cereal grains otherwise worked (for example, hulled, rolled, flaked, pearled, sliced or kibbled), except rice of heading 1006 and flaked rice of subheading 1104 19 91; germ of cereals, whole, rolled, flaked or ground

1106 20

Flour, meal and powder of sago or of roots or tubers of heading 0714

ex 1108

Starches; inulin:

Starches:

1108 11 00

Wheat starch

1108 12 00

Maize (corn) starch

1108 13 00

Potato starch

1108 14 00

Manioc (cassava) starch

ex 1108 19

Other starches:

1108 19 90

Other

1109 00 00

Wheat gluten, whether or not dried

1702

Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel:

ex 1702 30

Glucose and glucose syrup, not containing fructose or containing in the dry state less than 20 % by weight of fructose:

Other:

ex 1702 30 50

In the form of white crystalline powder, whether or not agglomerated, containing in the dry state less than 99 % by weight of glucose

ex 1702 30 90

Other, containing in the dry state less than 99 % by weight of glucose

ex 1702 40

Glucose and glucose syrup, containing in the dry state at least 20 % but less than 50 % by weight of fructose, excluding invert sugar:

1702 40 90

Other

ex 1702 90

Other, including invert sugar and other sugar and sugar syrup blends containing in the dry state 50 % by weight of fructose:

1702 90 50

Maltodextrine and maltodextrine syrup

Caramel:

Other:

1702 90 75

In the form of powder, whether or not agglomerated

1702 90 79

Other

2106

Food preparations not elsewhere specified or included:

ex 2106 90

Other

Flavoured or coloured sugar syrups:

Other

2106 90 55

Glucose syrup and maltodextrine syrup

ex 2302

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals

ex 2303

Residues of starch manufacture and similar residues, beet-pulp, bagasse and other waste of sugar manufacture, brewing or distilling dregs and waste, whether or not in the form of pellets:

2303 10

Residues of starch manufacture and similar residues

2303 30 00

Brewing or distilling dregs and waste

ex 2306

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetables fats or oils, other than those of headings 2304 and 2305:

Other

2306 90 05

Of maize (corn) germ

ex 2308

Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included:

2308 00 40

Acorns and horse-chestnuts; pomace or marc of fruit, other than grapes

2309

Preparations of a kind used in animal feeding:

ex 2309 10

Dog or cat food, put up for retail sale:

2309 10 11

2309 10 13

2309 10 31

2309 10 33

2309 10 51

2309 10 53

Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products

ex 2309 90

Other:

2309 90 20

Products referred to in additional note 5 to chapter 23 of the Combined Nomenclature

Other, including premixes:

2309 90 31

2309 90 33

2309 90 41

2309 90 43

2309 90 51

2309 90 53

Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products:

(1)

For the purposes of this subheading 'milk products' means products falling within headings 0401 to 0406 as well as subheadings 1702 11, 1702 19. and 2106 90 51.

Part II:   Rice

As regards rice, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 1006 10 21 to
  1006 10 98 | Rice in the husk (paddy or rough), other than for sowing |
| 1006 20 | Husked (brown) rice |
| 1006 30 | Semi-milled or wholly milled rice, whether or not polished or glazed |
| (b) | 1006 40 00 | Broken rice |
| (c) | 1102 90 50 | Rice flour |
| 1103 19 50 | Rice groats and meal |
| 1103 20 50 | Pellets of rice |
| 1104 19 91 | Flaked grains of rice |
| ex 1104 19 99 | Rolled grains of rice |
| 1108 19 10 | Rice starch |

CN code

Description

(a)

1006 10 21 to

1006 10 98

Rice in the husk (paddy or rough), other than for sowing

1006 20

Husked (brown) rice

1006 30

Semi-milled or wholly milled rice, whether or not polished or glazed

(b)

1006 40 00

Broken rice

(c)

1102 90 50

Rice flour

1103 19 50

Rice groats and meal

1103 20 50

Pellets of rice

1104 19 91

Flaked grains of rice

ex 1104 19 99

Rolled grains of rice

1108 19 10

Rice starch

Part III:   Sugar

As regards sugar, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 1212 91 | Sugar beet |
| 1212 99 20 | Sugar cane |
| (b) | 1701 | Cane or beet sugar and chemically pure sucrose, in solid form |
| (c) | 1702 20 | Maple sugar and maple syrup |
| 1702 60 95 and 1702 90 95 | Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose |
| 1702 90 71 | Caramel containing 50 % or more by weight of sucrose in the dry matter |
| 2106 90 59 | Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups |
| (d) | 1702 30 10
  1702 40 10
  1702 60 10
  1702 90 30 | Isoglucose |
| (e) | 1702 60 80
  1702 90 80 | Inulin syrup |
| (f) | 1703 | Molasses resulting from the extraction or refining of sugar |
| (g) | 2106 90 30 | Flavoured or coloured isoglucose syrups |
| (h) | 2303 20 | Beet pulp, bagasse and other waste of sugar manufacture |

CN code

Description

(a)

1212 91

Sugar beet

1212 99 20

Sugar cane

(b)

1701

Cane or beet sugar and chemically pure sucrose, in solid form

(c)

1702 20

Maple sugar and maple syrup

1702 60 95 and 1702 90 95

Other sugars in solid form and sugar syrups, not containing added flavouring or colouring matter, but not including lactose, glucose, maltodextrine and isoglucose

1702 90 71

Caramel containing 50 % or more by weight of sucrose in the dry matter

2106 90 59

Flavoured or coloured sugar syrups, other than isoglucose, lactose, glucose and maltodextrine syrups

(d)

1702 30 10

1702 40 10

1702 60 10

1702 90 30

Isoglucose

(e)

1702 60 80

1702 90 80

Inulin syrup

(f)

1703

Molasses resulting from the extraction or refining of sugar

(g)

2106 90 30

Flavoured or coloured isoglucose syrups

(h)

2303 20

Beet pulp, bagasse and other waste of sugar manufacture

Part IV:   Dried fodder

As regards dried fodder, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | ex 1214 10 00 | Meal and pellets of lucerne artificially heat-dried |
| Meal and pellets of lucerne otherwise dried and ground |
| ex 1214 90 90 | Lucerne, sainfoin, clover, lupins, vetches and similar fodder products, artificially heat-dried, except hay and fodder kale and products containing hay |
| Lucerne, sainfoin, clover, lupins, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground |
| (b) | ex 2309 90 99 | Protein concentrates obtained from lucerne juice and grass juice |
| Dehydrated products obtained exclusively from solid residues and juice resulting from preparation of the abovementioned concentrates |

CN code

Description

(a)

ex 1214 10 00

Meal and pellets of lucerne artificially heat-dried

Meal and pellets of lucerne otherwise dried and ground

ex 1214 90 90

Lucerne, sainfoin, clover, lupins, vetches and similar fodder products, artificially heat-dried, except hay and fodder kale and products containing hay

Lucerne, sainfoin, clover, lupins, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground

(b)

ex 2309 90 99

Protein concentrates obtained from lucerne juice and grass juice

Dehydrated products obtained exclusively from solid residues and juice resulting from preparation of the abovementioned concentrates

Part V:   Seeds

As regards seeds, this Regulation shall cover the products listed in the following table

| CN code | Description |
| --- | --- |
| 0712 90 11 | Sweetcorn hybrids: |
| for sowing |
| 0713 10 10 | Peas (Pisum sativum): |
| for sowing |
| ex 0713 20 00 | Chickpeas (garbanzos): |
| for sowing |
| ex 0713 31 00 | Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek: |
| for sowing |
| ex 0713 32 00 | Small red (Adzuki) beans (Phaseolus or Vigna angularis): |
| for sowing |
| 0713 33 10 | Kidney beans, including white pea beans (Phaseolus vulgaris): |
| for sowing |
| ex 0713 39 00 | Other beans: |
| for sowing |
| ex 0713 40 00 | Lentils: |
| for sowing |
| ex 0713 50 00 | Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor): |
| for sowing |
| ex 0713 90 00 | Other dried leguminous vegetables: |
| for sowing |
| 1001 90 10 | Spelt: |
| for sowing |
| ex 1005 10 | Hybrid maize (corn) seed |
| 1006 10 10 | Rice in the husk (paddy or rough): |
| for sowing |
| 1007 00 10 | Grain sorghum hybrids: |
| for sowing |
| 1201 00 10 | Soya beans, whether or not broken: |
| for sowing |
| 1202 10 10 | Groundnuts, not roasted or otherwise cooked, in shell: |
| for sowing |
| 1204 00 10 | Linseed, whether or not broken: |
| for sowing |
| 1205 10 10 and
  ex 1205 90 00 | Rape or colza seeds, whether or not broken: |
| for sowing |
| 1206 00 10 | Sunflower seeds, whether or not broken: |
| for sowing |
| ex 1207 | Other oil seeds and oleaginous fruits, whether or not broken: |
| for sowing |
| 1209 | Seeds, fruit and spores, of a kind used: |
| for sowing |

CN code

Description

0712 90 11

Sweetcorn hybrids:

for sowing

0713 10 10

Peas (Pisum sativum):

for sowing

ex 0713 20 00

Chickpeas (garbanzos):

for sowing

ex 0713 31 00

Beans of the species Vigna mungo (L.) Hepper or Vigna radiata (L.) Wilczek:

for sowing

ex 0713 32 00

Small red (Adzuki) beans (Phaseolus or Vigna angularis):

for sowing

0713 33 10

Kidney beans, including white pea beans (Phaseolus vulgaris):

for sowing

ex 0713 39 00

Other beans:

for sowing

ex 0713 40 00

Lentils:

for sowing

ex 0713 50 00

Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina, Vicia faba var. minor):

for sowing

ex 0713 90 00

Other dried leguminous vegetables:

for sowing

1001 90 10

Spelt:

for sowing

ex 1005 10

Hybrid maize (corn) seed

1006 10 10

Rice in the husk (paddy or rough):

for sowing

1007 00 10

Grain sorghum hybrids:

for sowing

1201 00 10

Soya beans, whether or not broken:

for sowing

1202 10 10

Groundnuts, not roasted or otherwise cooked, in shell:

for sowing

1204 00 10

Linseed, whether or not broken:

for sowing

1205 10 10 and

ex 1205 90 00

Rape or colza seeds, whether or not broken:

for sowing

1206 00 10

Sunflower seeds, whether or not broken:

for sowing

ex 1207

Other oil seeds and oleaginous fruits, whether or not broken:

for sowing

1209

Seeds, fruit and spores, of a kind used:

for sowing

Part VI:   Hops

| 1. | As regards hops, this Regulation shall cover the products listed in the following table






  CN code | Description |
| --- | --- | --- |
| 1210 | Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin |

1.

As regards hops, this Regulation shall cover the products listed in the following table

CN code

Description

1210

Hop cones, fresh or dried, whether or not ground, powdered or in the form of pellets; lupulin

| 2. | The rules of this Regulation on marketing and trade with third countries shall also apply to the following products:






  CN code | Description |
| --- | --- | --- |
| 1302 13 00 | Vegetable saps and extracts of hops |

2.

The rules of this Regulation on marketing and trade with third countries shall also apply to the following products:

CN code

Description

1302 13 00

Vegetable saps and extracts of hops

Part VII:   Olive oil and table olives

As regards olive oil and table olives, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 1509 | Olive oil and its fractions, whether or not refined, but not chemically modified |
| 1510 00 | Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509 |
| (b) | 0709 90 31 | Olives, fresh or chilled, for uses other than the production of oil |
| 0709 90 39 | Other olives, fresh or chilled |
| 0710 80 10 | Olives (uncooked or cooked by steaming or boiling water), frozen |
| 0711 20 | Olives provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption |
| ex 0712 90 90 | Olives dried, whole, cut, sliced, broken or in powder, but not further prepared |
| 2001 90 65 | Olives prepared or preserved by vinegar or acetic acid |
| ex 2004 90 30 | Olives prepared or preserved otherwise than by vinegar or acetic acid, frozen |
| 2005 70 | Olives prepared or preserved otherwise than by vinegar or acetic acid, not frozen |
| (c) | 1522 00 31
  1522 00 39 | Residues resulting from the treatment of fatty substances or animal or vegetable waxes containing oil having the characteristics of olive oil |
| 2306 90 11
  2306 90 19 | Oil-cake and other residues resulting from the extractions of olive oil |

CN code

Description

(a)

1509

Olive oil and its fractions, whether or not refined, but not chemically modified

1510 00

Other oils and their fractions, obtained solely from olives, whether or not refined, but not chemically modified, including blends of these oils or fractions with oils or fractions of heading 1509

(b)

0709 90 31

Olives, fresh or chilled, for uses other than the production of oil

0709 90 39

Other olives, fresh or chilled

0710 80 10

Olives (uncooked or cooked by steaming or boiling water), frozen

0711 20

Olives provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption

ex 0712 90 90

Olives dried, whole, cut, sliced, broken or in powder, but not further prepared

2001 90 65

Olives prepared or preserved by vinegar or acetic acid

ex 2004 90 30

Olives prepared or preserved otherwise than by vinegar or acetic acid, frozen

2005 70

Olives prepared or preserved otherwise than by vinegar or acetic acid, not frozen

(c)

1522 00 31

1522 00 39

Residues resulting from the treatment of fatty substances or animal or vegetable waxes containing oil having the characteristics of olive oil

2306 90 11

2306 90 19

Oil-cake and other residues resulting from the extractions of olive oil

Part VIII:   Flax and hemp grown for fibre

As regards flax and hemp grown for fibre, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| 5301 | Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock) |
| 5302 | True hemp (Cannabis sativa L.) raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock) |

CN code

Description

5301

Flax, raw or processed but not spun; flax tow and waste (including yarn waste and garnetted stock)

5302

True hemp (Cannabis sativa L.) raw or processed but not spun; tow and waste of true hemp (including yarn waste and garnetted stock)

Part IX:   Fruit and vegetables

As regards fruit and vegetables, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| 0702 00 00 | Tomatoes, fresh or chilled |
| 0703 | Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled |
| 0704 | Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled |
| 0705 | Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled |
| 0706 | Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled |
| 0707 00 | Cucumbers and gherkins, fresh or chilled |
| 0708 | Leguminous vegetables, shelled or unshelled, fresh or chilled |
| ex 0709 | Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60 |
| ex 0802 | Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20 |
| 0803 00 11 | Fresh plantains |
| ex 0803 00 90 | Dried plantains |
| 0804 20 10 | Figs, fresh |
| 0804 30 00 | Pineapples |
| 0804 40 00 | Avocados |
| 0804 50 00 | Guavas, mangos and mangosteens |
| 0805 | Citrus fruit, fresh or dried |
| 0806 10 10 | Fresh table grapes |
| 0807 | Melons (including watermelons) and papaws (papayas), fresh |
| 0808 | Apples, pears and quinces, fresh |
| 0809 | Apricots, cherries, peaches (including nectarines), plums and sloes, fresh |
| 0810 | Other fruit, fresh |
| 0813 50 31
  0813 50 39 | Mixtures exclusively of nuts of headings 0801 and 0802 |
| 0910 20 | Saffron |
| ex 0910 99 | Thyme, fresh or chilled |
| ex 1211 90 85 | Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled |
| 1212 99 30 | Locust beans |

CN code

Description

0702 00 00

Tomatoes, fresh or chilled

0703

Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled

0704

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled

0705

Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled

0706

Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled

0707 00

Cucumbers and gherkins, fresh or chilled

0708

Leguminous vegetables, shelled or unshelled, fresh or chilled

ex 0709

Other vegetables, fresh or chilled, excluding vegetables of subheadings 0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709 90 60

ex 0802

Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 0802 90 20

0803 00 11

Fresh plantains

ex 0803 00 90

Dried plantains

0804 20 10

Figs, fresh

0804 30 00

Pineapples

0804 40 00

Avocados

0804 50 00

Guavas, mangos and mangosteens

0805

Citrus fruit, fresh or dried

0806 10 10

Fresh table grapes

0807

Melons (including watermelons) and papaws (papayas), fresh

0808

Apples, pears and quinces, fresh

0809

Apricots, cherries, peaches (including nectarines), plums and sloes, fresh

0810

Other fruit, fresh

0813 50 31

0813 50 39

Mixtures exclusively of nuts of headings 0801 and 0802

0910 20

Saffron

ex 0910 99

Thyme, fresh or chilled

ex 1211 90 85

Basil, melissa, mint, origanum vulgare (oregano/wild marjoram), rosemary, sage, fresh or chilled

1212 99 30

Locust beans

Part X:   Processed fruit and vegetable products

As regards processed fruit and vegetable products, this Regulation shall cover the products listed in the following table:

| CN Code | Description |
| --- | --- |
| (a) | ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59 |
| ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30 |
| ex 0712 | Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings ex 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90 |
| 0804 20 90 | Dried figs |
| 0806 20 | Dried grapes |
| ex 0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95 |
| ex 0812 | Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98 |
| ex 0813 | Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39 |
| 0814 00 00 | Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions |
| 0904 20 10 | Dried sweet peppers, neither crushed nor ground |
| (b) | ex 0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter |
| ex 1302 20 | Pectic substances and pectinates |
| ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:






  — | fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20 |

CN Code

Description

(a)

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 0710 40 00, olives of subheading 0710 80 10 and fruits of the genus Capsicum or of the genus Pimenta of subheading 0710 80 59

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 0711 20, fruits of the genus Capsicum or of the genus Pimenta of subheading 0711 90 10 and sweetcorn of subheading 0711 90 30

ex 0712

Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex 0712 90 05, sweetcorn falling within the subheadings ex 0712 90 11 and 0712 90 19 and olives falling within subheading ex 0712 90 90

0804 20 90

Dried figs

0806 20

Dried grapes

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex 0811 90 95

ex 0812

Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas provisionally preserved falling within subheading ex 0812 90 98

ex 0813

Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39

0814 00 00

Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions

0904 20 10

Dried sweet peppers, neither crushed nor ground

(b)

ex 0811

Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter

ex 1302 20

Pectic substances and pectinates

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding:

—

fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 2001 90 20

| — | sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30 |
| --- | --- |

—

sweetcorn (Zea mays var. saccharata) of subheading 2001 90 30

| — | yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch of subheading 2001 90 40 |
| --- | --- |

—

yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch of subheading 2001 90 40

| — | palm hearts of subheading 2001 90 60 |
| --- | --- |

—

palm hearts of subheading 2001 90 60

| — | olives of subheading 2001 90 65 |
| --- | --- |

—

olives of subheading 2001 90 65

| — | vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97 |
| --- | --- |

—

vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2001 90 97

2002

Tomatoes prepared or preserved otherwise than by vinegar or acetic acid

2003

Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading ex 2004 90 10, olives of subheading ex 2004 90 30 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2004 10 91

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 excluding olives of subheading 2005 70, sweetcorn (Zea mays var. saccharata) of subheading 2005 80 00 and fruit of the genus Capsicum, other than sweet peppers or pimentos of subheading 2005 99 10 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 2005 20 10

ex 2006 00

Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding bananas preserved by sugar falling within headings ex 2006 00 38 and ex 2006 00 99

ex 2007

Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, being cooked preparations, whether or not containing added sugar or other sweetening matter, excluding:

| — | homogenised preparations of bananas of subheading ex 2007 10 |
| --- | --- |

—

homogenised preparations of bananas of subheading ex 2007 10

| — | jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 50 and ex 2007 99 97 |
| --- | --- |

—

jams, jellies, marmalades, purée or pastes of bananas of subheadings ex 2007 99 39, ex 2007 99 50 and ex 2007 99 97

ex 2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding:

| — | peanut butter of subheading 2008 11 10 |
| --- | --- |

—

peanut butter of subheading 2008 11 10

| — | palm hearts of subheading 2008 91 00 |
| --- | --- |

—

palm hearts of subheading 2008 91 00

| — | maize of subheading 2008 99 85 |
| --- | --- |

—

maize of subheading 2008 99 85

| — | yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91 |
| --- | --- |

—

yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch of subheading 2008 99 91

| — | vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99 |
| --- | --- |

—

vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex 2008 99 99

| — | mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98 |
| --- | --- |

—

mixtures of banana otherwise prepared or preserved of subheadings ex 2008 92 59, ex 2008 92 78, ex 2008 92 93 and ex 2008 92 98

| — | bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99 |
| --- | --- |

—

bananas otherwise prepared or preserved of subheadings ex 2008 99 49, ex 2008 99 67 and ex 2008 99 99

ex 2009

Fruit juices (excluding grape juice and grape must of subheadings 2009 61 and 2009 69 and banana juice of subheading ex 2009 80) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter

Part XI:   Bananas

As regards bananas, this Regulation shall cover the products listed in the following table:

| CN codes | Description |
| --- | --- |
| 0803 00 19 | Fresh bananas, excluding plantains |
| ex 0803 00 90 | Dried bananas, excluding plantains |
| ex 0812 90 98 | Bananas provisionally preserved |
| ex 0813 50 99 | Mixtures containing dried bananas |
| 1106 30 10 | Flour, meal and powder of bananas |
| ex 2006 00 99 | Bananas preserved by sugar |
| ex 2007 10 99 | Homogenised preparations of bananas |
| ex 2007 99 39
  ex 2007 99 50
  ex 2007 99 97 | Jams, jellies, marmalades, purées and pastes of bananas |
| ex 2008 92 59
  ex 2008 92 78
  ex 2008 92 93
  ex 2008 92 98 | Mixtures containing bananas otherwise prepared or preserved, not containing added spirit |
| ex 2008 99 49
  ex 2008 99 67
  ex 2008 99 99 | Bananas otherwise prepared or preserved |
| ex 2009 80 35
  ex 2009 80 38
  ex 2009 80 79
  ex 2009 80 86
  ex 2009 80 89
  ex 2009 80 99 | Banana juice |

CN codes

Description

0803 00 19

Fresh bananas, excluding plantains

ex 0803 00 90

Dried bananas, excluding plantains

ex 0812 90 98

Bananas provisionally preserved

ex 0813 50 99

Mixtures containing dried bananas

1106 30 10

Flour, meal and powder of bananas

ex 2006 00 99

Bananas preserved by sugar

ex 2007 10 99

Homogenised preparations of bananas

ex 2007 99 39

ex 2007 99 50

ex 2007 99 97

Jams, jellies, marmalades, purées and pastes of bananas

ex 2008 92 59

ex 2008 92 78

ex 2008 92 93

ex 2008 92 98

Mixtures containing bananas otherwise prepared or preserved, not containing added spirit

ex 2008 99 49

ex 2008 99 67

ex 2008 99 99

Bananas otherwise prepared or preserved

ex 2009 80 35

ex 2009 80 38

ex 2009 80 79

ex 2009 80 86

ex 2009 80 89

ex 2009 80 99

Banana juice

Part XII:   Wine

As regards wine, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 2009 61
  2009 69 | Grape juice (including grape must) |
| 2204 30 92
  2204 30 94
  2204 30 96
  2204 30 98 | Other grape musts, other than those in fermentation or with fermentation arrested otherwise than by the addition of alcohol |
| (b) | ex 2204 | Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009, excluding other grape must of subheadings 2204 30 92, 2204 30 94, 2204 30 96 and 2204 30 98 |
| (c) | 0806 10 90 | Fresh grapes other than table grapes |
| 2209 00 11
  2209 00 19 | Wine vinegar |
| (d) | 2206 00 10 | Piquette |
| 2307 00 11
  2307 00 19 | Wine lees |
| 2308 00 11
  2308 00 19 | Grape marc |

CN code

Description

(a)

2009 61

2009 69

Grape juice (including grape must)

2204 30 92

2204 30 94

2204 30 96

2204 30 98

Other grape musts, other than those in fermentation or with fermentation arrested otherwise than by the addition of alcohol

(b)

ex 2204

Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009, excluding other grape must of subheadings 2204 30 92, 2204 30 94, 2204 30 96 and 2204 30 98

(c)

0806 10 90

Fresh grapes other than table grapes

2209 00 11

2209 00 19

Wine vinegar

(d)

2206 00 10

Piquette

2307 00 11

2307 00 19

Wine lees

2308 00 11

2308 00 19

Grape marc

Part XIII:   Live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage

As regards live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, this Regulation shall cover all the products falling within Chapter 6 of the Combined Nomenclature.

Part XIV:   Raw tobacco

As regards raw tobacco, this Regulation shall cover raw or non-manufactured tobacco and tobacco refuse falling within CN code 2401.

Part XV:   Beef and veal

As regards beef and veal, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 0102 90 05 to
  0102 90 79 | Live animals of the domestic bovine species, other than pure-bred breeding animals |
| 0201 | Meat of bovine animals, fresh or chilled |
| 0202 | Meat of bovine animals, frozen |
| 0206 10 95 | Thick skirt and thin skirt, fresh or chilled |
| 0206 29 91 | Thick skirt and thin skirt, frozen |
| 0210 20 | Meat of bovine animals, salted, in brine, dried or smoked |
| 0210 99 51 | Thick skirt and thin skirt, salted, in brine, dried or smoked |
| 0210 99 90 | Edible flours and meals of meat or meat offal |
| 1602 50 10 | Other prepared or preserved meat or meat offal of bovine animals, uncooked; mixtures of cooked meat or offal and uncooked meat or offal |
| 1602 90 61 | Other prepared or preserved meat containing bovine meat or offal, uncooked; mixtures of cooked meat or offal and uncooked meat or offal |
| (b) | 0102 10 | Live bovine pure-bred breeding animals |
| 0206 10 98 | Edible offal of bovine animals excluding thick skirt and thin skirt, fresh or chilled, other than for the manufacture of pharmaceutical products |
| 0206 21 00
  0206 22 00
  0206 29 99 | Edible offal of bovine animals excluding thick skirt and thin skirt, frozen, other than for the manufacture of pharmaceutical products |
| 0210 99 59 | Edible meat offal of bovine animals, salted, in brine, dried or smoked, other than thick skirt and thin skirt |
| ex 1502 00 90 | Fats of bovine animals other than those of heading 1503 |
| 1602 50 31 and 1602 50 95 | Other prepared or preserved meat or meat offal, of bovine animals, other than uncooked meat or meat offal and mixtures of cooked meat or offal and uncooked meat or offal |
| 1602 90 69 | Other prepared or preserved meat containing bovine meat or offal other than uncooked, and mixtures of cooked meat or offal and uncooked meat or offal. |

CN code

Description

(a)

0102 90 05 to

0102 90 79

Live animals of the domestic bovine species, other than pure-bred breeding animals

0201

Meat of bovine animals, fresh or chilled

0202

Meat of bovine animals, frozen

0206 10 95

Thick skirt and thin skirt, fresh or chilled

0206 29 91

Thick skirt and thin skirt, frozen

0210 20

Meat of bovine animals, salted, in brine, dried or smoked

0210 99 51

Thick skirt and thin skirt, salted, in brine, dried or smoked

0210 99 90

Edible flours and meals of meat or meat offal

1602 50 10

Other prepared or preserved meat or meat offal of bovine animals, uncooked; mixtures of cooked meat or offal and uncooked meat or offal

1602 90 61

Other prepared or preserved meat containing bovine meat or offal, uncooked; mixtures of cooked meat or offal and uncooked meat or offal

(b)

0102 10

Live bovine pure-bred breeding animals

0206 10 98

Edible offal of bovine animals excluding thick skirt and thin skirt, fresh or chilled, other than for the manufacture of pharmaceutical products

0206 21 00

0206 22 00

0206 29 99

Edible offal of bovine animals excluding thick skirt and thin skirt, frozen, other than for the manufacture of pharmaceutical products

0210 99 59

Edible meat offal of bovine animals, salted, in brine, dried or smoked, other than thick skirt and thin skirt

ex 1502 00 90

Fats of bovine animals other than those of heading 1503

1602 50 31 and 1602 50 95

Other prepared or preserved meat or meat offal, of bovine animals, other than uncooked meat or meat offal and mixtures of cooked meat or offal and uncooked meat or offal

1602 90 69

Other prepared or preserved meat containing bovine meat or offal other than uncooked, and mixtures of cooked meat or offal and uncooked meat or offal.

Part XVI:   Milk and milk products

As regards milk and milk products, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 0401 | Milk and cream, not concentrated nor containing added sugar or other sweetening matter |
| (b) | 0402 | Milk and cream, concentrated or containing added sugar or other sweetening matter |
| (c) | 0403 10 11 to
  0403 10 39
  0403 90 11 to
  0403 90 69 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter not flavoured nor containing added fruit, nuts or cocoa |
| (d) | 0404 | Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included |
| (e) | ex 0405 | Butter and other fats and oils derived from milk; dairy spreads of a fat content of more than 75 % but less than 80 % |
| (f) | 0406 | Cheese and curd |
| (g) | 1702 19 00 | Lactose and lactose syrup not containing added flavouring or colouring matter, containing by weight less than 99 % lactose, expressed as anhydrous lactose, calculated on the dry matter |
| (h) | 2106 90 51 | Flavoured or coloured lactose syrup |
| (i) | ex 2309 | Preparations of a kind used in animal feeding: |
| Preparations and feedingstuffs containing products to which this Regulation applies, directly or by virtue of Regulation (EC) No 1667/2006, except preparations and feedingstuffs falling under Part I of this Annex. |

CN code

Description

(a)

0401

Milk and cream, not concentrated nor containing added sugar or other sweetening matter

(b)

0402

Milk and cream, concentrated or containing added sugar or other sweetening matter

(c)

0403 10 11 to

0403 10 39

0403 90 11 to

0403 90 69

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter not flavoured nor containing added fruit, nuts or cocoa

(d)

0404

Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included

(e)

ex 0405

Butter and other fats and oils derived from milk; dairy spreads of a fat content of more than 75 % but less than 80 %

(f)

0406

Cheese and curd

(g)

1702 19 00

Lactose and lactose syrup not containing added flavouring or colouring matter, containing by weight less than 99 % lactose, expressed as anhydrous lactose, calculated on the dry matter

(h)

2106 90 51

Flavoured or coloured lactose syrup

(i)

ex 2309

Preparations of a kind used in animal feeding:

Preparations and feedingstuffs containing products to which this Regulation applies, directly or by virtue of Regulation (EC) No 1667/2006, except preparations and feedingstuffs falling under Part I of this Annex.

Part XVII:   Pigmeat

As regards pigmeat, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | ex 0103 | Live swine, of domestic species, other than pure-bred breeding animals |
| (b) | ex 0203 | Meat of domestic swine, fresh, chilled, or frozen |
| ex 0206 | Edible offal of domestic swine, other than for the manufacture of pharmaceutical products, fresh, chilled or frozen |
| ex 0209 00 | Pig fat, free of lean meat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked |
| ex 0210 | Meat and edible meat offal of domestic swine, salted, in brine, dried or smoked |
| 1501 00 11
  1501 00 19 | Pig fat (including lard) |
| (c) | 1601 00 | Sausages and similar products, of meat, meat offal or blood; food preparations based on these products |
| 1602 10 00 | Homogenised preparations of meat, meat offal or blood |
| 1602 20 90 | Preparations or preserves of liver of any animal, other than goose or duck |
| 1602 41 10
  1602 42 10
  1602 49 11 to
  1602 49 50 | Other preparations and preserves containing meat or offal of domestic swine |
| 1602 90 10 | Preparations of blood of any animal |
| 1602 90 51 | Other preparations or preserves containing meat or meat offal of domestic swine |
| 1902 20 30 | Stuffed pasta, whether or not cooked or otherwise prepared, containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin |

CN code

Description

(a)

ex 0103

Live swine, of domestic species, other than pure-bred breeding animals

(b)

ex 0203

Meat of domestic swine, fresh, chilled, or frozen

ex 0206

Edible offal of domestic swine, other than for the manufacture of pharmaceutical products, fresh, chilled or frozen

ex 0209 00

Pig fat, free of lean meat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked

ex 0210

Meat and edible meat offal of domestic swine, salted, in brine, dried or smoked

1501 00 11

1501 00 19

Pig fat (including lard)

(c)

1601 00

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

1602 10 00

Homogenised preparations of meat, meat offal or blood

1602 20 90

Preparations or preserves of liver of any animal, other than goose or duck

1602 41 10

1602 42 10

1602 49 11 to

1602 49 50

Other preparations and preserves containing meat or offal of domestic swine

1602 90 10

Preparations of blood of any animal

1602 90 51

Other preparations or preserves containing meat or meat offal of domestic swine

1902 20 30

Stuffed pasta, whether or not cooked or otherwise prepared, containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin

Part XVIII:   Sheepmeat and goatmeat

As regards sheepmeat and goatmeat, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 0104 10 30 | Lambs (up to one year old) |
| 0104 10 80 | Live sheep other than pure-bred breeding animals and lambs |
| 0104 20 90 | Live goats other than pure-bred breeding animals |
| 0204 | Meat of sheep or goats, fresh, chilled or frozen |
| 0210 99 21 | Meat of sheep and goats, with bone in, salted, in brine, dried or smoked |
| 0210 99 29 | Meat of sheep and goats, boneless, salted, in brine, dried or smoked |
| (b) | 0104 10 10 | Live sheep — pure-bred breeding animals |
| 0104 20 10 | Live goats — pure-bred breeding animals |
| 0206 80 99 | Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of pharmaceutical products |
| 0206 90 99 | Edible offal of sheep and goats, frozen, other than for the manufacture of pharmaceutical products |
| 0210 99 60 | Edible offal of sheep and goats, salted, in brine, dried or smoked |
| ex 1502 00 90 | Fats of sheep or goats, other than those of 1503 |
| (c) | 1602 90 72 | Other prepared or preserved meat or meat offal of sheep or goats, uncooked; |
| 1602 90 74 | mixtures of cooked and uncooked meat or offal |
| (d) | 1602 90 76
  1602 90 78 | Other prepared or preserved meat or meat offal of sheep or goats, other than uncooked or mixtures of cooked and uncooked meat or offal |

CN code

Description

(a)

0104 10 30

Lambs (up to one year old)

0104 10 80

Live sheep other than pure-bred breeding animals and lambs

0104 20 90

Live goats other than pure-bred breeding animals

0204

Meat of sheep or goats, fresh, chilled or frozen

0210 99 21

Meat of sheep and goats, with bone in, salted, in brine, dried or smoked

0210 99 29

Meat of sheep and goats, boneless, salted, in brine, dried or smoked

(b)

0104 10 10

Live sheep — pure-bred breeding animals

0104 20 10

Live goats — pure-bred breeding animals

0206 80 99

Edible offal of sheep and goats, fresh or chilled, other than for the manufacture of pharmaceutical products

0206 90 99

Edible offal of sheep and goats, frozen, other than for the manufacture of pharmaceutical products

0210 99 60

Edible offal of sheep and goats, salted, in brine, dried or smoked

ex 1502 00 90

Fats of sheep or goats, other than those of 1503

(c)

1602 90 72

Other prepared or preserved meat or meat offal of sheep or goats, uncooked;

1602 90 74

mixtures of cooked and uncooked meat or offal

(d)

1602 90 76

1602 90 78

Other prepared or preserved meat or meat offal of sheep or goats, other than uncooked or mixtures of cooked and uncooked meat or offal

Part XIX:   Eggs

As regards eggs, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 0407 00 11
  0407 00 19
  0407 00 30 | Poultry eggs, in shell, fresh, preserved or cooked |
| (b) | 0408 11 80
  0408 19 81
  0408 19 89
  0408 91 80
  0408 99 80 | Bird's eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, other than unfit for human consumption |

CN code

Description

(a)

0407 00 11

0407 00 19

0407 00 30

Poultry eggs, in shell, fresh, preserved or cooked

(b)

0408 11 80

0408 19 81

0408 19 89

0408 91 80

0408 99 80

Bird's eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter, other than unfit for human consumption

Part XX:   Poultrymeat

As regards poultrymeat, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| (a) | 0105 | Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls |
| (b) | ex 0207 | Meat and edible offal, of the poultry of heading 0105 fresh, chilled or frozen, excluding livers falling within point (c) |
| (c) | 0207 13 91 | Poultry livers, fresh, chilled or frozen |
| 0207 14 91 | |
| 0207 26 91 | |
| 0207 27 91 | |
| 0207 34 | |
| 0207 35 91 | |
| 0207 36 81 | |
| 0207 36 85 | |
| 0207 36 89 | |
| 0210 99 71 | Poultry livers, salted, in brine, dried or smoked |
| 0210 99 79 | |
| (d) | 0209 00 90 | Poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked |
| (e) | 1501 00 90 | Poultry fat |
| (f) | 1602 20 10 | Goose or duck livers, otherwise prepared or preserved |
| 1602 31 | Meat or meat offal of poultry of heading 0105, otherwise prepared or preserved |
| 1602 32 | |
| 1602 39 | |

CN code

Description

(a)

0105

Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls

(b)

ex 0207

Meat and edible offal, of the poultry of heading 0105 fresh, chilled or frozen, excluding livers falling within point (c)

(c)

0207 13 91

Poultry livers, fresh, chilled or frozen

0207 14 91

0207 26 91

0207 27 91

0207 34

0207 35 91

0207 36 81

0207 36 85

0207 36 89

0210 99 71

Poultry livers, salted, in brine, dried or smoked

0210 99 79

(d)

0209 00 90

Poultry fat, not rendered or otherwise extracted, fresh, chilled, frozen, salted, in brine, dried or smoked

(e)

1501 00 90

Poultry fat

(f)

1602 20 10

Goose or duck livers, otherwise prepared or preserved

1602 31

Meat or meat offal of poultry of heading 0105, otherwise prepared or preserved

1602 32

1602 39

Part XXI:   Other products

| CN code | Description |
| --- | --- |
| ex 0101 | Live horses, asses, mules and hinnies: |
| 0101 10 | Pure-bred breeding animals: |
| 0101 10 10 | Horses (1) |
| 0101 10 90 | Other |
| 0101 90 | Other: |
| Horses: |
| 0101 90 19 | Other than for slaughter |
| 0101 90 30 | Asses |
| 0101 90 90 | Mules and hinnies |
| ex 0102 | Live bovine animals: |
| ex 0102 90 | Other than pure-bred breeding animals: |
| 0102 90 90 | Other than domestic species |
| ex 0103 | Live swine: |
| 0103 10 00 | Pure-bred breeding animals (2) |
| Other: |
| ex 0103 91 | Weighing less than 50 kg: |
| 0103 91 90 | Other than domestic species |
| ex 0103 92 | Weighing 50 kg or more |
| 0103 92 90 | Other than domestic species |
| 0106 | Other live animals |
| ex 0203 | Meat of swine, fresh, chilled or frozen: |
| Fresh or chilled: |
| ex 0203 11 | Carcasses and half-carcasses: |
| 0203 11 90 | Other than of domestic swine |
| ex 0203 12 | Hams, shoulders and cuts thereof, with bone in: |
| 0203 12 90 | Other than of domestic swine |
| ex 0203 19 | Other: |
| 0203 19 90 | Other than of domestic swine |
| Frozen: |
| ex 0203 21 | Carcasses and half-carcasses: |
| 0203 21 90 | Other than of domestic swine |
| ex 0203 22 | Hams, shoulders and cuts thereof, with bone in: |
| 0203 22 90 | Other than of domestic swine |
| ex 0203 29 | Other: |
| 0203 29 90 | Other than of domestic swine |
| ex 0205 00 | Meat of asses, mules or hinnies, fresh, chilled or frozen: |
| ex 0206 | Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen: |
| ex 0206 10 | Of bovine animals, fresh or chilled |
| 0206 10 10 | For the manufacture of pharmaceutical products (3) |
| Of bovine animals, frozen: |
| ex 0206 22 00 | Livers: |
| For the manufacture of pharmaceutical products (3) |
| ex 0206 29 | Other: |
| 0206 29 10 | For the manufacture of pharmaceutical products (3) |
| ex 0206 30 00 | Of swine, fresh or chilled: |
| For the manufacture of pharmaceutical products (3) |
| Other: |
| other than of domestic swine |
| Of swine, frozen: |
| ex 0206 41 00 | Livers: |
| For the manufacture of pharmaceutical products (3) |
| Other: |
| other than of domestic swine |
| ex 0206 49 00 | Other: |
| | Of domestic swine: |
| For the manufacture of pharmaceutical products (3) |
| Other |
| ex 0206 80 | Other, fresh or chilled: |
| 0206 80 10 | For the manufacture of pharmaceutical products (3) |
| Other: |
| 0206 80 91 | Of horses, asses, mules and hinnies |
| ex 0206 90 | Other, frozen: |
| 0206 90 10 | For the manufacture of pharmaceutical products (3) |
| Other: |
| 0206 90 91 | Of horses, asses, mules and hinnies |
| 0208 | Other meat and edible meat offal, fresh, chilled or frozen |
| ex 0210 | Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal: |
| Meat of swine: |
| ex 0210 11 | Hams, shoulders and cuts thereof, with bone in: |
| 0210 11 90 | Other than of domestic swine |
| ex 0210 12 | Bellies (streaky) and cuts thereof: |
| 0210 12 90 | Other than of domestic swine |
| ex 0210 19 | Other: |
| 0210 19 90 | Other than of domestic swine |
| Other, including edible flours and meals of meat or meat offal: |
| 0210 91 00 | Of primates |
| 0210 92 00 | Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia) |
| 0210 93 00 | Of reptiles (including snakes and turtles) |
| ex 0210 99 | Other: |
| Meat: |
| 0210 99 31 | Of reindeer |
| 0210 99 39 | Other |
| Offal: |
| Other than of domestic swine, bovine animals, sheep and goats |
| 0210 99 80 | Other than poultry livers |
| ex 0407 00 | Birds' eggs, in shell, fresh, preserved or cooked: |
| 0407 00 90 | Other than of poultry |
| ex 0408 | Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter: |
| Egg yolks: |
| ex 0408 11 | Dried: |
| 0408 11 20 | Unfit for human consumption (4) |
| ex 0408 19 | Other: |
| 0408 19 20 | Unfit for human consumption (4) |
| Other: |
| ex 0408 91 | Dried: |
| 0408 91 20 | Unfit for human consumption (4) |
| ex 0408 99 | Other: |
| 0408 99 20 | Unfit for human consumption (4) |
| 0410 00 00 | Edible products of animal origin, not elsewhere specified or included |
| 0504 00 00 | Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked |
| ex 0511 | Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: |
| 0511 10 00 | Bovine semen |
| Other: |
| ex 0511 99 | Other: |
| 0511 99 85 | Other |
| ex 0709 | Other vegetables, fresh or chilled: |
| ex 0709 60 | Fruits of the genus Capsicum or of the genus Pimenta: |
| Other: |
| 0709 60 91 | Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes (3) |
| 0709 60 95 | For the industrial manufacture of essential oils or resinoids (3) |
| 0709 60 99 | Other |
| ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |
| ex 0710 80 | Other vegetables: |
| Fruits of the genus Capsicum or of the genus Pimenta: |
| 0710 80 59 | Other than sweet peppers |
| ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
| ex 0711 90 | Other vegetables; mixtures of vegetables: |
| Vegetables: |
| 0711 90 10 | Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers |
| ex 0713 | Dried leguminous vegetables, shelled, whether or not skinned or split: |
| ex 0713 10 | Peas (Pisum sativum): |
| 0713 10 90 | Other than for sowing |
| ex 0713 20 00 | Chickpeas (garbanzos): |
| Other than for sowing |
| Beans (Vigna spp., Phaseolus spp.): |
| ex 0713 31 00 | Beans of the species Vigna mungo (L) Hepper or Vigna radiata (L) Wilczek: |
| Other than for sowing |
| ex 0713 32 00 | Small red (Adzuki) beans (Phaseolus or Vigna angularis): |
| Other than for sowing |
| ex 0713 33 | Kidney beans, including white pea beans (Phaseolus vulgaris): |
| 0713 33 90 | Other than for sowing |
| ex 0713 39 00 | Other: |
| Other than for sowing |
| ex 0713 40 00 | Lentils: |
| Other than for sowing |
| ex 0713 50 00 | Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina and Vicia faba var. minor): |
| Other than for sowing |
| ex 0713 90 00 | Other: |
| Other than for sowing |
| 0801 | Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled |
| ex 0802 | Other nuts, fresh or dried, whether or not shelled or peeled: |
| ex 0802 90 | Other: |
| ex 0802 90 20 | Areca (or betel) and cola |
| ex 0804 | Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried: |
| 0804 10 00 | Dates |
| 0902 | Tea, whether or not flavoured |
| ex 0904 | Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers falling within subheading 0904 20 10 |
| 0905 00 00 | Vanilla |
| 0906 | Cinnamon and cinnamon-tree flowers |
| 0907 00 00 | Cloves (whole fruit, cloves and stems) |
| 0908 | Nutmeg, mace and cardamoms |
| 0909 | Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries |
| ex 0910 | Ginger, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and saffron |
| ex 1106 | Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers of heading 0714 or of the products of Chapter 8: |
| 1106 10 00 | Of the dried leguminous vegetables of heading 0713 |
| ex 1106 30 | Of the products of Chapter 8: |
| 1106 30 90 | Other than bananas |
| ex 1108 | Starches; inulin: |
| 1108 20 00 | Inulin |
| 1201 00 90 | Soya beans, whether or not broken, other than for sowing |
| 1202 10 90 | Groundnuts, not roasted or otherwise cooked, in shell, other than for sowing |
| 1202 20 00 | Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken |
| 1203 00 00 | Copra |
| 1204 00 90 | Linseed, whether or not broken, other than for sowing |
| 1205 10 90 and
  ex 1205 90 00 | Rape or colza seeds, whether or not broken, other than for sowing |
| 1206 00 91 | Sunflower seeds, whether or not broken, other than for sowing |
| 1206 00 99 | |
| 1207 20 90 | Cotton seeds, whether or not broken, other than for sowing |
| 1207 40 90 | Sesamum seeds, whether or not broken, other than for sowing |
| 1207 50 90 | Mustard seeds, whether or not broken, other than for sowing |
| 1207 91 90 | Poppy seeds, whether or not broken, other than for sowing |
| 1207 99 91 | Hemp seeds, whether or not broken, other than for sowing |
| ex 1207 99 97 | Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing |
| 1208 | Flours and meals of oil seeds or oleaginous fruits, other than those of mustard |
| 1211 | Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered excluding the products listed under CN code ex 12119085 in Part IX of this Annex; |
| ex 1212 | Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included: |
| ex 1212 20 00 | Seaweeds and other algae used primarily in pharmacy or for human consumption |
| Other: |
| ex 1212 99 | Other than sugar cane: |
| 1212 99 41 and
  1212 99 49 | Locust bean seeds |
| ex 1212 99 70 | Other, excluding chicory root |
| 1213 00 00 | Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets |
| ex 1214 | Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets: |
| ex 1214 10 00 | Lucerne (alfalfa) meal and pellets, excluding of lucerne artificially heat-dried or of lucerne otherwise dried and ground |
| ex 1214 90 | Other: |
| 1214 90 10 | Mangolds, swedes and other fodder roots |
| ex 1214 90 90 | Other, excluding: |
| Lucerne, sainfoin, clover, lupines, vetches and similar fodder products artificially heat-dried, except hay and fodder kale and products containing hay |
| Lucerne, sainfoin, clover, lupines, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground |
| ex 1502 00 | Fats of bovine animals, sheep or goats, other than those of heading 1503: |
| ex 1502 00 10 | For industrial uses other than the manufacture of foodstuffs for human consumption, excluding fats obtained from bones and waste (3) |
| 1503 00 | Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared |
| 1504 | Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified |
| 1507 | Soya-bean oil and its fractions, whether or not refined, but not chemically modified |
| 1508 | Groundnut oil and its fractions, whether or not refined, but not chemically modified |
| 1511 | Palm oil and its fractions, whether or not refined, but not chemically modified |
| 1512 | Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified |
| 1513 | Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified |
| 1514 | Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified |
| ex 1515 | Other fixed vegetable fats and oils (excluding jojoba oil of subheading ex 1515 90 11) and their fractions, whether or not refined, but not chemically modified |
| ex 1516 | Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared (excluding hydrogenated castor oil, so called 'opalwax' of subheading 1516 20 10) |
| ex 1517 | Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516, excluding subheadings 1517 10 10, 1517 90 10 and 1517 90 93 |
| 1518 00 31
  1518 00 39 | Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the manufacture of foodstuffs for human consumption (3) |
| 1522 00 91 | Oil foots and dregs; soapstocks, resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil |
| 1522 00 99 | Other residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil |
| ex 1602 | Other prepared or preserved meat, meat offal or blood: |
| Of swine: |
| ex 1602 41 | Hams and cuts thereof: |
| 1602 41 90 | Other than of domestic swine |
| ex 1602 42 | Shoulders and cuts thereof: |
| 1602 42 90 | Other than of domestic swine |
| ex 1602 49 | Other, including mixtures: |
| 1602 49 90 | Other than of domestic swine |
| ex 1602 90 | Other, including preparations of blood of any animal: |
| Other than preparations of blood of any animal: |
| 1602 90 31 | Of game or rabbit |
| Other: |
| Other than containing the meat or meat offal of domestic swine: |
| Other than containing bovine meat or offal: |
| 1602 90 99 | Other than of sheep or goats |
| 1603 00 | Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates |
| 1801 00 00 | Cocoa beans, whole or broken, raw or roasted |
| 1802 00 00 | Cocoa shells, husks, skins and other cocoa waste |
| ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |
| ex 2001 90 | Other: |
| 2001 90 20 | Fruits of the genus Capsicum other than sweet peppers or pimentos |
| ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: |
| ex 2005 99 | Other vegetables and mixtures of vegetables: |
| 2005 99 10 | Fruits of the genus Capsicum other than sweet peppers or pimentos |
| ex 2206 | Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included: |
| 2206 00 31 to
  2206 00 89 | Other than piquette |
| ex 2301 | Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves: |
| 2301 10 00 | Flours, meals and pellets, of meat or meat offal; greaves |
| ex 2302 | Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants: |
| 2302 50 00 | Of leguminous plants |
| 2304 00 00 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil |
| 2305 00 00 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil |
| ex 2306 | Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305 with the exception of CN subheading 2306 90 05 (oilcake and other solid residues resulting from the extraction of maize (corn) germ) and 2306 90 11 and 2306 90 19 (oilcake and other solid residues resulting from the extraction of olive oil) |
| ex 2307 00 | Wine lees; argol: |
| 2307 00 90 | Argol |
| ex 2308 00 | Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included: |
| 2308 00 90 | Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit, other than grapes |
| ex 2309 | Preparations of a kind used in animal feeding: |
| ex 2309 10 | Dog or cat food, put up for retail sale: |
| 2309 10 90 | Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products |
| ex 2309 90 | Other: |
| 2309 90 10 | Fish or marine mammal solubles |
| Other, including premixes: |
| ex 2309 90 91 to
  2309 90 99 | Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products, excluding |
| Protein concentrates obtained from lucerne juice and grass juice |
| Dehydrated products obtained exclusively from solid residues and juice resulting from the preparation of the concentrates referred to in the first indent |

CN code

Description

ex 0101

Live horses, asses, mules and hinnies:

0101 10

Pure-bred breeding animals:

0101 10 10

Horses (1)

0101 10 90

Other

0101 90

Other:

Horses:

0101 90 19

Other than for slaughter

0101 90 30

Asses

0101 90 90

Mules and hinnies

ex 0102

Live bovine animals:

ex 0102 90

Other than pure-bred breeding animals:

0102 90 90

Other than domestic species

ex 0103

Live swine:

0103 10 00

Pure-bred breeding animals (2)

Other:

ex 0103 91

Weighing less than 50 kg:

0103 91 90

Other than domestic species

ex 0103 92

Weighing 50 kg or more

0103 92 90

Other than domestic species

0106

Other live animals

ex 0203

Meat of swine, fresh, chilled or frozen:

Fresh or chilled:

ex 0203 11

Carcasses and half-carcasses:

0203 11 90

Other than of domestic swine

ex 0203 12

Hams, shoulders and cuts thereof, with bone in:

0203 12 90

Other than of domestic swine

ex 0203 19

Other:

0203 19 90

Other than of domestic swine

Frozen:

ex 0203 21

Carcasses and half-carcasses:

0203 21 90

Other than of domestic swine

ex 0203 22

Hams, shoulders and cuts thereof, with bone in:

0203 22 90

Other than of domestic swine

ex 0203 29

Other:

0203 29 90

Other than of domestic swine

ex 0205 00

Meat of asses, mules or hinnies, fresh, chilled or frozen:

ex 0206

Edible offal of bovine animals, swine, sheep, goats, horses, asses, mules or hinnies, fresh, chilled or frozen:

ex 0206 10

Of bovine animals, fresh or chilled

0206 10 10

For the manufacture of pharmaceutical products (3)

Of bovine animals, frozen:

ex 0206 22 00

Livers:

For the manufacture of pharmaceutical products (3)

ex 0206 29

Other:

0206 29 10

For the manufacture of pharmaceutical products (3)

ex 0206 30 00

Of swine, fresh or chilled:

For the manufacture of pharmaceutical products (3)

Other:

other than of domestic swine

Of swine, frozen:

ex 0206 41 00

Livers:

For the manufacture of pharmaceutical products (3)

Other:

other than of domestic swine

ex 0206 49 00

Other:

Of domestic swine:

For the manufacture of pharmaceutical products (3)

Other

ex 0206 80

Other, fresh or chilled:

0206 80 10

For the manufacture of pharmaceutical products (3)

Other:

0206 80 91

Of horses, asses, mules and hinnies

ex 0206 90

Other, frozen:

0206 90 10

For the manufacture of pharmaceutical products (3)

Other:

0206 90 91

Of horses, asses, mules and hinnies

0208

Other meat and edible meat offal, fresh, chilled or frozen

ex 0210

Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal:

Meat of swine:

ex 0210 11

Hams, shoulders and cuts thereof, with bone in:

0210 11 90

Other than of domestic swine

ex 0210 12

Bellies (streaky) and cuts thereof:

0210 12 90

Other than of domestic swine

ex 0210 19

Other:

0210 19 90

Other than of domestic swine

Other, including edible flours and meals of meat or meat offal:

0210 91 00

Of primates

0210 92 00

Of whales, dolphins and porpoises (mammals of the order Cetacea); of manatees and dugongs (mammals of the order Sirenia)

0210 93 00

Of reptiles (including snakes and turtles)

ex 0210 99

Other:

Meat:

0210 99 31

Of reindeer

0210 99 39

Other

Offal:

Other than of domestic swine, bovine animals, sheep and goats

0210 99 80

Other than poultry livers

ex 0407 00

Birds' eggs, in shell, fresh, preserved or cooked:

0407 00 90

Other than of poultry

ex 0408

Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by boiling in water, moulded, frozen or otherwise preserved, whether or not containing added sugar or other sweetening matter:

Egg yolks:

ex 0408 11

Dried:

0408 11 20

Unfit for human consumption (4)

ex 0408 19

Other:

0408 19 20

Unfit for human consumption (4)

Other:

ex 0408 91

Dried:

0408 91 20

Unfit for human consumption (4)

ex 0408 99

Other:

0408 99 20

Unfit for human consumption (4)

0410 00 00

Edible products of animal origin, not elsewhere specified or included

0504 00 00

Guts, bladders and stomachs of animals (other than fish), whole and pieces thereof, fresh, chilled, frozen, salted, in brine, dried or smoked

ex 0511

Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption:

0511 10 00

Bovine semen

Other:

ex 0511 99

Other:

0511 99 85

Other

ex 0709

Other vegetables, fresh or chilled:

ex 0709 60

Fruits of the genus Capsicum or of the genus Pimenta:

Other:

0709 60 91

Of the genus Capsicum, for the manufacture of capsicin or capsicum oleoresin dyes (3)

0709 60 95

For the industrial manufacture of essential oils or resinoids (3)

0709 60 99

Other

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen:

ex 0710 80

Other vegetables:

Fruits of the genus Capsicum or of the genus Pimenta:

0710 80 59

Other than sweet peppers

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

ex 0711 90

Other vegetables; mixtures of vegetables:

Vegetables:

0711 90 10

Fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers

ex 0713

Dried leguminous vegetables, shelled, whether or not skinned or split:

ex 0713 10

Peas (Pisum sativum):

0713 10 90

Other than for sowing

ex 0713 20 00

Chickpeas (garbanzos):

Other than for sowing

Beans (Vigna spp., Phaseolus spp.):

ex 0713 31 00

Beans of the species Vigna mungo (L) Hepper or Vigna radiata (L) Wilczek:

Other than for sowing

ex 0713 32 00

Small red (Adzuki) beans (Phaseolus or Vigna angularis):

Other than for sowing

ex 0713 33

Kidney beans, including white pea beans (Phaseolus vulgaris):

0713 33 90

Other than for sowing

ex 0713 39 00

Other:

Other than for sowing

ex 0713 40 00

Lentils:

Other than for sowing

ex 0713 50 00

Broad beans (Vicia faba var. major) and horse beans (Vicia faba var. equina and Vicia faba var. minor):

Other than for sowing

ex 0713 90 00

Other:

Other than for sowing

0801

Coconuts, Brazil nuts and cashew nuts, fresh or dried, whether or not shelled or peeled

ex 0802

Other nuts, fresh or dried, whether or not shelled or peeled:

ex 0802 90

Other:

ex 0802 90 20

Areca (or betel) and cola

ex 0804

Dates, figs, pineapples, avocados, guavas, mangoes and mangosteens, fresh or dried:

0804 10 00

Dates

0902

Tea, whether or not flavoured

ex 0904

Pepper of the genus Piper; dried or crushed or ground fruits of the genus Capsicum or of the genus Pimenta, excluding sweet peppers falling within subheading 0904 20 10

0905 00 00

Vanilla

0906

Cinnamon and cinnamon-tree flowers

0907 00 00

Cloves (whole fruit, cloves and stems)

0908

Nutmeg, mace and cardamoms

0909

Seeds of anise, badian, fennel, coriander, cumin or caraway; juniper berries

ex 0910

Ginger, turmeric (curcuma), bay leaves, curry and other spices excluding thyme and saffron

ex 1106

Flour, meal and powder of the dried leguminous vegetables of heading 0713, of sago or of roots or tubers of heading 0714 or of the products of Chapter 8:

1106 10 00

Of the dried leguminous vegetables of heading 0713

ex 1106 30

Of the products of Chapter 8:

1106 30 90

Other than bananas

ex 1108

Starches; inulin:

1108 20 00

Inulin

1201 00 90

Soya beans, whether or not broken, other than for sowing

1202 10 90

Groundnuts, not roasted or otherwise cooked, in shell, other than for sowing

1202 20 00

Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken

1203 00 00

Copra

1204 00 90

Linseed, whether or not broken, other than for sowing

1205 10 90 and

ex 1205 90 00

Rape or colza seeds, whether or not broken, other than for sowing

1206 00 91

Sunflower seeds, whether or not broken, other than for sowing

1206 00 99

1207 20 90

Cotton seeds, whether or not broken, other than for sowing

1207 40 90

Sesamum seeds, whether or not broken, other than for sowing

1207 50 90

Mustard seeds, whether or not broken, other than for sowing

1207 91 90

Poppy seeds, whether or not broken, other than for sowing

1207 99 91

Hemp seeds, whether or not broken, other than for sowing

ex 1207 99 97

Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing

1208

Flours and meals of oil seeds or oleaginous fruits, other than those of mustard

1211

Plants and parts of plants (including seeds and fruits) of a kind used primarily in perfumery, in pharmacy or for insecticidal, fungicidal or similar purposes, fresh or dried, whether or not cut, crushed or powdered excluding the products listed under CN code ex 12119085 in Part IX of this Annex;

ex 1212

Locust beans, seaweeds and other algae, sugar beet and sugar cane, fresh, chilled, frozen or dried, whether or not ground; fruit stones and kernels and other vegetable products (including unroasted chicory roots of the variety Cichorium intybus sativum) of a kind used primarily for human consumption, not elsewhere specified or included:

ex 1212 20 00

Seaweeds and other algae used primarily in pharmacy or for human consumption

Other:

ex 1212 99

Other than sugar cane:

1212 99 41 and

1212 99 49

Locust bean seeds

ex 1212 99 70

Other, excluding chicory root

1213 00 00

Cereal straw and husks, unprepared, whether or not chopped, ground, pressed or in the form of pellets

ex 1214

Swedes, mangolds, fodder roots, hay, lucerne (alfalfa), clover, sainfoin, forage kale, lupines, vetches and similar forage products, whether or not in the form of pellets:

ex 1214 10 00

Lucerne (alfalfa) meal and pellets, excluding of lucerne artificially heat-dried or of lucerne otherwise dried and ground

ex 1214 90

Other:

1214 90 10

Mangolds, swedes and other fodder roots

ex 1214 90 90

Other, excluding:

Lucerne, sainfoin, clover, lupines, vetches and similar fodder products artificially heat-dried, except hay and fodder kale and products containing hay

Lucerne, sainfoin, clover, lupines, vetches, honey lotus, chickling pea and birdsfoot, otherwise dried and ground

ex 1502 00

Fats of bovine animals, sheep or goats, other than those of heading 1503:

ex 1502 00 10

For industrial uses other than the manufacture of foodstuffs for human consumption, excluding fats obtained from bones and waste (3)

1503 00

Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared

1504

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified

1507

Soya-bean oil and its fractions, whether or not refined, but not chemically modified

1508

Groundnut oil and its fractions, whether or not refined, but not chemically modified

1511

Palm oil and its fractions, whether or not refined, but not chemically modified

1512

Sunflower-seed, safflower or cotton-seed oil and fractions thereof, whether or not refined, but not chemically modified

1513

Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not refined, but not chemically modified

1514

Rape, colza or mustard oil and fractions thereof, whether or not refined, but not chemically modified

ex 1515

Other fixed vegetable fats and oils (excluding jojoba oil of subheading ex 1515 90 11) and their fractions, whether or not refined, but not chemically modified

ex 1516

Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared (excluding hydrogenated castor oil, so called 'opalwax' of subheading 1516 20 10)

ex 1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516, excluding subheadings 1517 10 10, 1517 90 10 and 1517 90 93

1518 00 31

1518 00 39

Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the manufacture of foodstuffs for human consumption (3)

1522 00 91

Oil foots and dregs; soapstocks, resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil

1522 00 99

Other residues resulting from the treatment of fatty substances or animal or vegetable waxes, excluding those containing oil having the characteristics of olive oil

ex 1602

Other prepared or preserved meat, meat offal or blood:

Of swine:

ex 1602 41

Hams and cuts thereof:

1602 41 90

Other than of domestic swine

ex 1602 42

Shoulders and cuts thereof:

1602 42 90

Other than of domestic swine

ex 1602 49

Other, including mixtures:

1602 49 90

Other than of domestic swine

ex 1602 90

Other, including preparations of blood of any animal:

Other than preparations of blood of any animal:

1602 90 31

Of game or rabbit

Other:

Other than containing the meat or meat offal of domestic swine:

Other than containing bovine meat or offal:

1602 90 99

Other than of sheep or goats

1603 00

Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates

1801 00 00

Cocoa beans, whole or broken, raw or roasted

1802 00 00

Cocoa shells, husks, skins and other cocoa waste

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

ex 2001 90

Other:

2001 90 20

Fruits of the genus Capsicum other than sweet peppers or pimentos

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

ex 2005 99

Other vegetables and mixtures of vegetables:

2005 99 10

Fruits of the genus Capsicum other than sweet peppers or pimentos

ex 2206

Other fermented beverages (for example, cider, perry, mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included:

2206 00 31 to

2206 00 89

Other than piquette

ex 2301

Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves:

2301 10 00

Flours, meals and pellets, of meat or meat offal; greaves

ex 2302

Bran, sharps and other residues, whether or not in the form of pellets, derived from the sifting, milling or other working of cereals or of leguminous plants:

2302 50 00

Of leguminous plants

2304 00 00

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil

2305 00 00

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

ex 2306

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of vegetable fats or oils, other than those of heading 2304 or 2305 with the exception of CN subheading 2306 90 05 (oilcake and other solid residues resulting from the extraction of maize (corn) germ) and 2306 90 11 and 2306 90 19 (oilcake and other solid residues resulting from the extraction of olive oil)

ex 2307 00

Wine lees; argol:

2307 00 90

Argol

ex 2308 00

Vegetable materials and vegetable waste, vegetable residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not elsewhere specified or included:

2308 00 90

Other than grape marc, acorns and horse-chestnuts, pomace or marc of fruit, other than grapes

ex 2309

Preparations of a kind used in animal feeding:

ex 2309 10

Dog or cat food, put up for retail sale:

2309 10 90

Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products

ex 2309 90

Other:

2309 90 10

Fish or marine mammal solubles

Other, including premixes:

ex 2309 90 91 to

2309 90 99

Other than containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50, 1702 30 90, 1702 40 90, 1702 90 50 and 2106 90 55 or milk products, excluding

Protein concentrates obtained from lucerne juice and grass juice

Dehydrated products obtained exclusively from solid residues and juice resulting from the preparation of the concentrates referred to in the first indent

---

(1)  Entry under this subheading is subject to the conditions laid down in the relevant Union provisions (see Council Directive 94/28/EC (OJ L 178, 12.7.1994, p. 66); Commission Decision 93/623/EEC (OJ L 298, 3.12.1993, p. 45)).

(2)  Entry under this subheading is subject to conditions laid down in the relevant Union provisions (see Council Directive 88/661/EEC (OJ L 382, 31.12.1988, p. 36); Council Directive 94/28/EC (OJ L 178, 12.7.1994, p. 66); Commission Decision 96/510/EC (OJ L 210, 20.8.1996, p. 53)).

(3)  Entry under this subheading is subject to conditions laid down in the relevant Union provisions (see Articles 291 to 300 of Commission Regulation (EEC) No 2454/93 (OJ L 253, 11.10.1993, p. 1) and subsequent amendments).

(4)  Entry under this subheading is subject to conditions laid down in paragraph F of Section II of the preliminary provisions of the Combined Nomenclature.

Wednesday 4 July 2012ANNEX II

LIST OF PRODUCTS FOR WHICH SPECIFIC MEASURES HAVE BEEN ESTABLISHED AS REFERRED TO IN ARTICLE 1(2)

Part I:   Ethyl alcohol of agricultural origin

| 1. | As regards ethyl alcohol, this Regulation shall cover the products listed in the following table:






  CN code | Description |
| --- | --- | --- |
| ex 2207 10 00 | Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher obtained from the agricultural products listed in Annex I to the Treaty |
| ex 2207 20 00 | Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaty |
| ex 2208 90 91
  and
  ex 2208 90 99 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol. obtained from the agricultural products listed in Annex I to the Treaty |

1.

As regards ethyl alcohol, this Regulation shall cover the products listed in the following table:

CN code

Description

ex 2207 10 00

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or higher obtained from the agricultural products listed in Annex I to the Treaty

ex 2207 20 00

Ethyl alcohol and other spirits, denatured, of any strength, obtained from the agricultural products listed in Annex I to the Treaty

ex 2208 90 91

and

ex 2208 90 99

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol. obtained from the agricultural products listed in Annex I to the Treaty

| 2. | Section I of Chapter II of Part III on import licences and Section I of Chapter III of that Part shall apply also to products based on ethyl alcohol of agricultural origin falling within CN code 2208 put up in containers of more than two litres and presenting all the characteristics of ethyl alcohol as described in point 1. |
| --- | --- |

2.

Section I of Chapter II of Part III on import licences and Section I of Chapter III of that Part shall apply also to products based on ethyl alcohol of agricultural origin falling within CN code 2208 put up in containers of more than two litres and presenting all the characteristics of ethyl alcohol as described in point 1.

Part II:   Apiculture products

As regards apiculture products, this Regulation shall cover the products listed in the following table:

| CN code | Description |
| --- | --- |
| 0409 | Natural honey |
| ex 0410 00 00 | Royal jelly and propolis, edible |
| ex 0511 99 85 | Royal jelly and propolis, non-edible |
| ex 1212 99 70 | Pollen |
| ex 1521 90 | Beeswax |

CN code

Description

0409

Natural honey

ex 0410 00 00

Royal jelly and propolis, edible

ex 0511 99 85

Royal jelly and propolis, non-edible

ex 1212 99 70

Pollen

ex 1521 90

Beeswax

Part III:   Silkworms

As regards silkworms, this Regulation shall cover silkworms falling within CN code ex 0106 90 00 and silkworm eggs falling within CN code ex 0511 99 85.

Wednesday 4 July 2012ANNEX III

DEFINITIONS REFERRED TO IN ARTICLE 2(1)

Part I:   Definitions concerning the rice sector

| I. | The terms ‘paddy rice’, ‘husked rice’, ‘semi-milled rice’, ‘wholly milled rice’, ‘round grain rice’, ‘medium grain rice’, ‘long grain rice A or B’ and ‘broken rice’ shall be defined as follows:






  1. | (a) | ‘Paddy rice’ means rice which has retained its husk after threshing. |
| --- | --- | --- | --- |

I.

The terms ‘paddy rice’, ‘husked rice’, ‘semi-milled rice’, ‘wholly milled rice’, ‘round grain rice’, ‘medium grain rice’, ‘long grain rice A or B’ and ‘broken rice’ shall be defined as follows:

1.

(a)

‘Paddy rice’ means rice which has retained its husk after threshing.

| (b) | ‘Husked rice’ means paddy rice from which only the husk has been removed. Examples of rice falling within this definition are those with the commercial descriptions ‘brown rice’, ‘cargo rice’, ‘loonzain’ and ‘riso sbramato’. |
| --- | --- |

(b)

‘Husked rice’ means paddy rice from which only the husk has been removed. Examples of rice falling within this definition are those with the commercial descriptions ‘brown rice’, ‘cargo rice’, ‘loonzain’ and ‘riso sbramato’.

| (c) | ‘Semi-milled rice’ means paddy rice from which the husk, part of the germ and the whole or part of the outer layers of the pericarp but not the inner layers have been removed. |
| --- | --- |

(c)

‘Semi-milled rice’ means paddy rice from which the husk, part of the germ and the whole or part of the outer layers of the pericarp but not the inner layers have been removed.

| (d) | ‘Wholly milled rice’ means paddy rice from which the husk, the whole of the outer and inner layers of the pericarp, the whole of the germ in the case of long grain or medium grain rice and at least part thereof in the case of round grain rice have been removed, but in which longitudinal white striations may remain on not more than 10 % of the grains. |
| --- | --- |

(d)

‘Wholly milled rice’ means paddy rice from which the husk, the whole of the outer and inner layers of the pericarp, the whole of the germ in the case of long grain or medium grain rice and at least part thereof in the case of round grain rice have been removed, but in which longitudinal white striations may remain on not more than 10 % of the grains.

| 2. | (a) | ‘Round grain rice’ means rice, the grains of which are of a length not exceeding 5,2 mm and of a length/width ratio of less than 2. |
| --- | --- | --- |

2.

(a)

‘Round grain rice’ means rice, the grains of which are of a length not exceeding 5,2 mm and of a length/width ratio of less than 2.

| (b) | ‘Medium grain rice’ means rice, the grains of which are of a length exceeding 5,2 mm but not exceeding 6,0 mm and of a length/width ratio no greater than 3. |
| --- | --- |

(b)

‘Medium grain rice’ means rice, the grains of which are of a length exceeding 5,2 mm but not exceeding 6,0 mm and of a length/width ratio no greater than 3.

| (c) | ‘Long grain rice’ means:






  (i) | long grain rice A, rice, the grains of which are of a length exceeding 6,0 mm and of which the length/width ratio is greater than 2 but less than 3; |
| --- | --- | --- |

(c)

‘Long grain rice’ means:

(i)

long grain rice A, rice, the grains of which are of a length exceeding 6,0 mm and of which the length/width ratio is greater than 2 but less than 3;

| (ii) | long grain rice B, rice, the grains of which are of a length exceeding 6,0 mm and of which the length/width ratio is equal to or greater than 3. |
| --- | --- |

(ii)

long grain rice B, rice, the grains of which are of a length exceeding 6,0 mm and of which the length/width ratio is equal to or greater than 3.

| (d) | ‘Measurements of the grains’ means grain measurements are taken on wholly milled rice by the following method:






  (i) | take a sample representative of the batch; |
| --- | --- | --- |

(d)

‘Measurements of the grains’ means grain measurements are taken on wholly milled rice by the following method:

(i)

take a sample representative of the batch;

| (ii) | sieve the sample so as to retain only whole grains, including immature grains; |
| --- | --- |

(ii)

sieve the sample so as to retain only whole grains, including immature grains;

| (iii) | carry out two measurements of 100 grains each and work out the average; |
| --- | --- |

(iii)

carry out two measurements of 100 grains each and work out the average;

| (iv) | express the result in millimetres, rounded off to one decimal place. |
| --- | --- |

(iv)

express the result in millimetres, rounded off to one decimal place.

| 3. | ‘Broken rice’ means grain fragments the length of which does not exceed three quarters of the average length of the whole grain. |
| --- | --- |

3.

‘Broken rice’ means grain fragments the length of which does not exceed three quarters of the average length of the whole grain.

| II. | As regards grains and broken grains which are not of unimpaired quality, the following definitions shall apply:






  A. | ‘Whole grains’ means grains from which only part of the end has been removed, irrespective of characteristics produced at each stage of milling. |
| --- | --- | --- |

II.

As regards grains and broken grains which are not of unimpaired quality, the following definitions shall apply:

A.

‘Whole grains’ means grains from which only part of the end has been removed, irrespective of characteristics produced at each stage of milling.

| B. | ‘Clipped grains’ means grains from which the entire end has been removed. |
| --- | --- |

B.

‘Clipped grains’ means grains from which the entire end has been removed.

| C. | ‘Broken grains or fragments’ means grains from which a part of the volume greater than the end has been removed; broken grains include:






  — | large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a complete grain), |
| --- | --- | --- |

C.

‘Broken grains or fragments’ means grains from which a part of the volume greater than the end has been removed; broken grains include:

—

large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a complete grain),

| — | medium broken grains (pieces of grain of a length not less than a quarter of the length of a grain but which are smaller than the minimum size of ‘large broken grains’), |
| --- | --- |

—

medium broken grains (pieces of grain of a length not less than a quarter of the length of a grain but which are smaller than the minimum size of ‘large broken grains’),

| — | fine broken grains (pieces of grain less than a quarter of the size of a grain but too large to pass through a sieve with a mesh of 1,4 mm), |
| --- | --- |

—

fine broken grains (pieces of grain less than a quarter of the size of a grain but too large to pass through a sieve with a mesh of 1,4 mm),

| — | fragments (small pieces or particles of grain which can pass through a sieve with a mesh of 1,4 mm); split grains (pieces produced by a longitudinal split in the grain) come under this definition. |
| --- | --- |

—

fragments (small pieces or particles of grain which can pass through a sieve with a mesh of 1,4 mm); split grains (pieces produced by a longitudinal split in the grain) come under this definition.

| D. | ‘Green grains’ means grains which are not fully ripened. |
| --- | --- |

D.

‘Green grains’ means grains which are not fully ripened.

| E. | ‘Grains showing natural malformation’ means grains showing a natural malformation whether or not of hereditary origin, as compared with the morphological characteristics typical of the variety. |
| --- | --- |

E.

‘Grains showing natural malformation’ means grains showing a natural malformation whether or not of hereditary origin, as compared with the morphological characteristics typical of the variety.

| F. | ‘Chalky grains’ means grains at least three-quarters of the surface of which looks opaque and chalky. |
| --- | --- |

F.

‘Chalky grains’ means grains at least three-quarters of the surface of which looks opaque and chalky.

| G. | ‘Grains striated with red’ means grains showing longitudinal red striations of differing intensity and shades, due to residues from the pericarp. |
| --- | --- |

G.

‘Grains striated with red’ means grains showing longitudinal red striations of differing intensity and shades, due to residues from the pericarp.

| H. | ‘Spotted grains’ means grains showing a well-defined small circle of dark colour of more or less regular shape; spotted grains also include those which show slight black striations on the surface only; the striations and spots must not show a yellow or dark aureole. |
| --- | --- |

H.

‘Spotted grains’ means grains showing a well-defined small circle of dark colour of more or less regular shape; spotted grains also include those which show slight black striations on the surface only; the striations and spots must not show a yellow or dark aureole.

| I. | ‘Stained grains’ means grains which have undergone, on a small area of their surface, an obvious change in their natural colour; the stains may be of different colours (blackish, reddish, brown); deep black striations are also to be regarded as stains. If the colour of the stains is sufficiently marked (black, pink, reddish-brown) to be immediately visible and if they cover an area not less than half that of the grain, the grains must be considered to be yellow grains. |
| --- | --- |

I.

‘Stained grains’ means grains which have undergone, on a small area of their surface, an obvious change in their natural colour; the stains may be of different colours (blackish, reddish, brown); deep black striations are also to be regarded as stains. If the colour of the stains is sufficiently marked (black, pink, reddish-brown) to be immediately visible and if they cover an area not less than half that of the grain, the grains must be considered to be yellow grains.

| J. | ‘Yellow grains’ means grains which have undergone, totally or partially, otherwise than by drying, a change in their natural colour and have taken on a lemon or orange-yellow tone. |
| --- | --- |

J.

‘Yellow grains’ means grains which have undergone, totally or partially, otherwise than by drying, a change in their natural colour and have taken on a lemon or orange-yellow tone.

| K. | ‘Amber grains’ means grains which have undergone, otherwise than by drying, a slight uniform change in colour over the whole surface; this change alters the colour of the grains to a light amber-yellow. |
| --- | --- |

K.

‘Amber grains’ means grains which have undergone, otherwise than by drying, a slight uniform change in colour over the whole surface; this change alters the colour of the grains to a light amber-yellow.

Part II:   Definitions concerning the sugar sector

| 1. | ‘white sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method; |
| --- | --- |

1.

‘white sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method;

| 2. | ‘raw sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method; |
| --- | --- |

2.

‘raw sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method;

| 3. | ‘isoglucose’ means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose; |
| --- | --- |

3.

‘isoglucose’ means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose;

| 4. | ‘inulin syrup’ means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state at least 10 % fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin syrup quota, this definition may be amended by the Commission; |
| --- | --- |

4.

‘inulin syrup’ means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state at least 10 % fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin syrup quota, this definition may be amended by the Commission;

| 5. | ‘quota sugar’, ‘quota isoglucose’ and ‘quota inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year under the quota of the undertaking concerned; |
| --- | --- |

5.

‘quota sugar’, ‘quota isoglucose’ and ‘quota inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year under the quota of the undertaking concerned;

| 6. | ‘industrial sugar’ means any quantity of sugar production attributed to a specific marketing year over and above the sugar quantity referred to in point (5), intended for the production by the industry of one of the products referred to in Article 55(2); |
| --- | --- |

6.

‘industrial sugar’ means any quantity of sugar production attributed to a specific marketing year over and above the sugar quantity referred to in point (5), intended for the production by the industry of one of the products referred to in Article 55(2);

| 7. | ‘industrial isoglucose’ and ‘industrial inulin syrup’ mean any quantity of isoglucose or inulin syrup production attributed to a specific marketing year, intended for the production by the industry of one of the products referred to in Article 55(2); |
| --- | --- |

7.

‘industrial isoglucose’ and ‘industrial inulin syrup’ mean any quantity of isoglucose or inulin syrup production attributed to a specific marketing year, intended for the production by the industry of one of the products referred to in Article 55(2);

| 8. | ‘surplus sugar’, ‘surplus isoglucose’ and ‘surplus inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year over and above the respective quantities referred to in points (5), (6) and (7); |
| --- | --- |

8.

‘surplus sugar’, ‘surplus isoglucose’ and ‘surplus inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year over and above the respective quantities referred to in points (5), (6) and (7);

| 9. | ‘quota beet’ means all sugar beet processed into quota sugar; |
| --- | --- |

9.

‘quota beet’ means all sugar beet processed into quota sugar;

| 10. | ‘delivery contract’ means a contract concluded between a seller and an undertaking for the delivery of beet for the manufacture of sugar; |
| --- | --- |

10.

‘delivery contract’ means a contract concluded between a seller and an undertaking for the delivery of beet for the manufacture of sugar;

| 11. | ‘agreement within the trade’ means one of the following:






  (a) | an agreement concluded at Union level, prior to the conclusion of any delivery contract, between a group of national undertakings’ organisations on the one hand and a group of national sellers’ organisations on the other; |
| --- | --- | --- |

11.

‘agreement within the trade’ means one of the following:

(a)

an agreement concluded at Union level, prior to the conclusion of any delivery contract, between a group of national undertakings’ organisations on the one hand and a group of national sellers’ organisations on the other;

| (b) | an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an undertakings’ organisation recognised by the Member State concerned on the one hand and a sellers’ association recognised by the Member State concerned on the other; |
| --- | --- |

(b)

an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an undertakings’ organisation recognised by the Member State concerned on the one hand and a sellers’ association recognised by the Member State concerned on the other;

| (c) | in the absence of any agreement as referred to in point (a) or (b), the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative manufacturing sugar; |
| --- | --- |

(c)

in the absence of any agreement as referred to in point (a) or (b), the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative manufacturing sugar;

| (d) | in the absence of any agreement as referred to in point (a) or (b), the arrangements existing before the conclusion of any delivery contract, provided the sellers accepting the arrangement supply at least 60 % of the total beet bought by the undertaking for the manufacture of sugar in one or more factories. |
| --- | --- |

(d)

in the absence of any agreement as referred to in point (a) or (b), the arrangements existing before the conclusion of any delivery contract, provided the sellers accepting the arrangement supply at least 60 % of the total beet bought by the undertaking for the manufacture of sugar in one or more factories.

| 12. | ‘full-time refiner’ means a production unit:






  — | of which the sole activity consists of refining imported raw cane sugar, or |
| --- | --- | --- |

12.

‘full-time refiner’ means a production unit:

—

of which the sole activity consists of refining imported raw cane sugar, or

| — | which refined in the marketing year 2004/2005 a quantity of at least 15 000 tonnes of imported raw cane sugar. |
| --- | --- |

—

which refined in the marketing year 2004/2005 a quantity of at least 15 000 tonnes of imported raw cane sugar.

Part III:   Definitions concerning the hops sector

| 1. | ‘hops’ means the dried inflorescences, also known as cones, of the (female) climbing hop plant (Humulus lupulus); these inflorescences, which are greenish yellow and of an ovoid shape, have a flower stalk and their longest dimension generally varies from 2 to 5 cm; |
| --- | --- |

1.

‘hops’ means the dried inflorescences, also known as cones, of the (female) climbing hop plant (Humulus lupulus); these inflorescences, which are greenish yellow and of an ovoid shape, have a flower stalk and their longest dimension generally varies from 2 to 5 cm;

| 2. | ‘hop powder’ means the product obtained by milling the hops, containing all the natural elements thereof; |
| --- | --- |

2.

‘hop powder’ means the product obtained by milling the hops, containing all the natural elements thereof;

| 3. | ‘hop powder with higher lupulin content’ means the product obtained by milling the hops after mechanical removal of a part of the leaves, stalks, bracts and rachides; |
| --- | --- |

3.

‘hop powder with higher lupulin content’ means the product obtained by milling the hops after mechanical removal of a part of the leaves, stalks, bracts and rachides;

| 4. | ‘extract of hops’ means the concentrated products obtained by the action of a solvent on the hops or on the hop powder; |
| --- | --- |

4.

‘extract of hops’ means the concentrated products obtained by the action of a solvent on the hops or on the hop powder;

| 5. | ‘mixed hop products’ means a mixture of two or more of the products referred to in points (1) to (4). |
| --- | --- |

5.

‘mixed hop products’ means a mixture of two or more of the products referred to in points (1) to (4).

Part IV:   Definitions concerning the wine sector

Vine-related

| 1. | “Grubbing-up” means the complete elimination of all vine stocks on an area planted with vines. |
| --- | --- |

1.

“Grubbing-up” means the complete elimination of all vine stocks on an area planted with vines.

| 2. | “Planting” means the definitive establishment of vine plants or parts of vine plants, whether or not grafted, with a view to producing grapes or to establishing a graft nursery. |
| --- | --- |

2.

“Planting” means the definitive establishment of vine plants or parts of vine plants, whether or not grafted, with a view to producing grapes or to establishing a graft nursery.

| 3. | “Grafting-on” means the grafting of a vine which has already been subject to a previous grafting. |
| --- | --- |

3.

“Grafting-on” means the grafting of a vine which has already been subject to a previous grafting.

Produce-related

| 4. | “Fresh grapes” means the fruit of the vine used in making wine, ripe or even slightly raisined, which may be crushed or pressed by normal wine-cellar means and which may spontaneously produce alcoholic fermentation. |
| --- | --- |

4.

“Fresh grapes” means the fruit of the vine used in making wine, ripe or even slightly raisined, which may be crushed or pressed by normal wine-cellar means and which may spontaneously produce alcoholic fermentation.

| 5. | “Fresh grape must with fermentation arrested by the addition of alcohol” means a product which:






  (a) | has an actual alcoholic strength of not less than 12 % volume and not more than 15 % volume; |
| --- | --- | --- |

5.

“Fresh grape must with fermentation arrested by the addition of alcohol” means a product which:

(a)

has an actual alcoholic strength of not less than 12 % volume and not more than 15 % volume;

| (b) | is obtained by addition to unfermented grape must, which has a natural alcoholic strength of not less than 8,5 % volume and is exclusively derived from wine grape varieties classifiable according to Article 166(2):






  (i) | either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume; |
| --- | --- | --- |

(b)

is obtained by addition to unfermented grape must, which has a natural alcoholic strength of not less than 8,5 % volume and is exclusively derived from wine grape varieties classifiable according to Article 166(2):

(i)

either of neutral alcohol of vinous origin, including alcohol obtained from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume;

| (ii) | or of an unrectified product derived from the distillation of wine and having an actual alcoholic strength of not less than 52 % volume and not more than 80 % volume. |
| --- | --- |

(ii)

or of an unrectified product derived from the distillation of wine and having an actual alcoholic strength of not less than 52 % volume and not more than 80 % volume.

| 6. | “Grape juice” means the unfermented but fermentable liquid product which:






  (a) | is obtained by appropriate treatment rendering it fit for consumption as it is; |
| --- | --- | --- |

6.

“Grape juice” means the unfermented but fermentable liquid product which:

(a)

is obtained by appropriate treatment rendering it fit for consumption as it is;

| (b) | is obtained from fresh grapes or from grape must or by reconstitution. Where obtained by reconstitution, it shall be reconstituted from concentrated grape must or concentrated grape juice. |
| --- | --- |

(b)

is obtained from fresh grapes or from grape must or by reconstitution. Where obtained by reconstitution, it shall be reconstituted from concentrated grape must or concentrated grape juice.

An actual alcoholic strength of the grape juice of not more than 1 % volume is permissible.

| 7. | “Concentrated grape juice” means uncaramelised grape juice obtained by partial dehydration of grape juice carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed at a temperature of 20 °C is not less than 50,9 %.
  An actual alcoholic strength of the concentrated grape juice of not more than 1 % volume is permissible. |
| --- | --- |

7.

“Concentrated grape juice” means uncaramelised grape juice obtained by partial dehydration of grape juice carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed at a temperature of 20 °C is not less than 50,9 %.

An actual alcoholic strength of the concentrated grape juice of not more than 1 % volume is permissible.

| 8. | “Wine lees” means the residue:






  (a) | accumulating in vessels containing wine after fermentation, during storage or after authorised treatment; |
| --- | --- | --- |

8.

“Wine lees” means the residue:

(a)

accumulating in vessels containing wine after fermentation, during storage or after authorised treatment;

| (b) | obtained from filtering or centrifuging the product referred to in (a); |
| --- | --- |

(b)

obtained from filtering or centrifuging the product referred to in (a);

| (c) | accumulating in vessels containing grape must during storage or after authorised treatment; or |
| --- | --- |

(c)

accumulating in vessels containing grape must during storage or after authorised treatment; or

| (d) | obtained from filtering or centrifuging the product referred to in (c). |
| --- | --- |

(d)

obtained from filtering or centrifuging the product referred to in (c).

| 9. | “Grape marc” means the residue from the pressing of fresh grapes, whether or not fermented. |
| --- | --- |

9.

“Grape marc” means the residue from the pressing of fresh grapes, whether or not fermented.

| 10. | “Piquette” means a product obtained by:






  (a) | the fermentation of untreated grape marc macerated in water; or |
| --- | --- | --- |

10.

“Piquette” means a product obtained by:

(a)

the fermentation of untreated grape marc macerated in water; or

| (b) | leaching fermented grape marc with water. |
| --- | --- |

(b)

leaching fermented grape marc with water.

| 11. | “Wine fortified for distillation” means a product which:






  (a) | has an actual alcoholic strength of not less than 18 % volume and not more than 24 % volume; |
| --- | --- | --- |

11.

“Wine fortified for distillation” means a product which:

(a)

has an actual alcoholic strength of not less than 18 % volume and not more than 24 % volume;

| (b) | is obtained exclusively by the addition to wine containing no residual sugar of an unrectified product derived from the distillation of wine and having a maximum actual alcoholic strength of 86 % volume; or |
| --- | --- |

(b)

is obtained exclusively by the addition to wine containing no residual sugar of an unrectified product derived from the distillation of wine and having a maximum actual alcoholic strength of 86 % volume; or

| (c) | has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid. |
| --- | --- |

(c)

has a maximum volatile acidity of 1,5 grams per litre, expressed as acetic acid.

| 12. | “Cuvée” means:






  (a) | the grape must; |
| --- | --- | --- |

12.

“Cuvée” means:

(a)

the grape must;

| (b) | the wine; or |
| --- | --- |

(b)

the wine; or

| (c) | the mixture of grape musts and/or wines with different characteristics, |
| --- | --- |

(c)

the mixture of grape musts and/or wines with different characteristics,

intended for the preparation of a specific type of sparkling wine.

Alcoholic strength

| 13. | “Actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20 °C in 100 volumes of the product at that temperature. |
| --- | --- |

13.

“Actual alcoholic strength by volume” means the number of volumes of pure alcohol contained at a temperature of 20 °C in 100 volumes of the product at that temperature.

| 14. | “Potential alcoholic strength by volume” means the number of volumes of pure alcohol at a temperature of 20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that temperature. |
| --- | --- |

14.

“Potential alcoholic strength by volume” means the number of volumes of pure alcohol at a temperature of 20 °C capable of being produced by total fermentation of the sugars contained in 100 volumes of the product at that temperature.

| 15. | “Total alcoholic strength by volume” means the sum of the actual and potential alcoholic strengths. |
| --- | --- |

15.

“Total alcoholic strength by volume” means the sum of the actual and potential alcoholic strengths.

| 16. | “Natural alcoholic strength by volume” means the total alcoholic strength by volume of a product before any enrichment. |
| --- | --- |

16.

“Natural alcoholic strength by volume” means the total alcoholic strength by volume of a product before any enrichment.

| 17. | “Actual alcoholic strength by mass” means the number of kilograms of pure alcohol contained in 100 kilograms of product. |
| --- | --- |

17.

“Actual alcoholic strength by mass” means the number of kilograms of pure alcohol contained in 100 kilograms of product.

| 18. | “Potential alcoholic strength by mass” means the number of kilograms of pure alcohol capable of being produced by total fermentation of the sugars contained in 100 kilograms of product. |
| --- | --- |

18.

“Potential alcoholic strength by mass” means the number of kilograms of pure alcohol capable of being produced by total fermentation of the sugars contained in 100 kilograms of product.

| 19. | “Total alcoholic strength by mass” means the sum of the actual and potential alcoholic strength. |
| --- | --- |

19.

“Total alcoholic strength by mass” means the sum of the actual and potential alcoholic strength.

Part V:   Definitions concerning the beef and veal sector

| 1. | ‘bovine animals’ means live animals of the domestic bovine species falling within CN codes ex 0102 10, 0102 90 05 to 0102 90 79; |
| --- | --- |

1.

‘bovine animals’ means live animals of the domestic bovine species falling within CN codes ex 0102 10, 0102 90 05 to 0102 90 79;

| 2. | ‘adult bovine animals’ means bovine animals the live weight of which is more than 300 kilograms. |
| --- | --- |

2.

‘adult bovine animals’ means bovine animals the live weight of which is more than 300 kilograms.

Part VI:   Definitions concerning the milk and milk products sector

For the purpose of the implementation of the tariff quota for butter of New Zealand origin, the phrase ‘manufactured directly from milk or cream’ does not exclude butter manufactured from milk or cream, without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage of concentrated milkfat and/or the fractionation of such milkfat.

Part VII:   Definitions concerning the eggs sector

| 1. | ‘eggs in shell’ means poultry eggs in shell, fresh, preserved, or cooked, other than eggs for hatching specified in 2.; |
| --- | --- |

1.

‘eggs in shell’ means poultry eggs in shell, fresh, preserved, or cooked, other than eggs for hatching specified in 2.;

| 2. | ‘eggs for hatching’ means poultry eggs for hatching; |
| --- | --- |

2.

‘eggs for hatching’ means poultry eggs for hatching;

| 3. | ‘whole products’ means birds’ eggs not in shell, whether or not containing added sugar or other sweetening matter suitable for human consumption; |
| --- | --- |

3.

‘whole products’ means birds’ eggs not in shell, whether or not containing added sugar or other sweetening matter suitable for human consumption;

| 4. | ‘separated products’ means birds’ egg yolks, whether or not containing added sugar or other sweetening matter suitable for human consumption. |
| --- | --- |

4.

‘separated products’ means birds’ egg yolks, whether or not containing added sugar or other sweetening matter suitable for human consumption.

Part VIII:   Definitions concerning the poultrymeat sector

| 1. | ‘live poultry’ means live fowls, ducks, geese, turkeys and guinea fowls each weighing more than 185 grams; |
| --- | --- |

1.

‘live poultry’ means live fowls, ducks, geese, turkeys and guinea fowls each weighing more than 185 grams;

| 2. | ‘chicks’ means live fowls, ducks, geese, turkeys and guinea fowls, each weighing not more than 185 grams; |
| --- | --- |

2.

‘chicks’ means live fowls, ducks, geese, turkeys and guinea fowls, each weighing not more than 185 grams;

| 3. | ‘slaughtered poultry’ means dead fowls, ducks, geese, turkeys and guinea fowls, whole, with or without offal; |
| --- | --- |

3.

‘slaughtered poultry’ means dead fowls, ducks, geese, turkeys and guinea fowls, whole, with or without offal;

| 4. | ‘derived products’ means the following:






  (a) | products specified in point (a) of Part XX of Annex I; |
| --- | --- | --- |

4.

‘derived products’ means the following:

(a)

products specified in point (a) of Part XX of Annex I;

| (b) | products specified in point (b) of Part XX of Annex I, excluding slaughtered poultry and edible offal, known as ‘poultry cuts’; |
| --- | --- |

(b)

products specified in point (b) of Part XX of Annex I, excluding slaughtered poultry and edible offal, known as ‘poultry cuts’;

| (c) | edible offals specified in point (b) of Part XX of Annex I; |
| --- | --- |

(c)

edible offals specified in point (b) of Part XX of Annex I;

| (d) | products specified in point (c) of Part XX of Annex I; |
| --- | --- |

(d)

products specified in point (c) of Part XX of Annex I;

| (e) | products specified in points (d) and (e) of Part XX of Annex I; |
| --- | --- |

(e)

products specified in points (d) and (e) of Part XX of Annex I;

| (f) | products referred to in point (f) of Part XX of Annex I, other than those products falling within CN codes 1602 20 11. and 1602 20 19. |
| --- | --- |

(f)

products referred to in point (f) of Part XX of Annex I, other than those products falling within CN codes 1602 20 11. and 1602 20 19.

Part IX:   Definitions concerning the apiculture sector

| 1. | ‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.
  The main types of honey are as follows:






  (a) | according to origin:






  (i) | blossom honey or nectar honey: honey obtained from the nectar of plants; |
| --- | --- | --- | --- |

1.

‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.

The main types of honey are as follows:

(a)

according to origin:

(i)

blossom honey or nectar honey: honey obtained from the nectar of plants;

| (ii) | honeydew honey: honey obtained mainly from excretions of plant sucking insects (Hemiptera) on the living part of plants or secretions of living parts of plants; |
| --- | --- |

(ii)

honeydew honey: honey obtained mainly from excretions of plant sucking insects (Hemiptera) on the living part of plants or secretions of living parts of plants;

| (b) | according to mode of production and/or presentation:






  (iii) | comb honey: honey stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs; |
| --- | --- | --- |

(b)

according to mode of production and/or presentation:

(iii)

comb honey: honey stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs;

| (iv) | chunk honey or cut comb in honey: honey which contains one or more pieces of comb honey; |
| --- | --- |

(iv)

chunk honey or cut comb in honey: honey which contains one or more pieces of comb honey;

| (v) | drained honey: honey obtained by draining decapped broodless combs; |
| --- | --- |

(v)

drained honey: honey obtained by draining decapped broodless combs;

| (vi) | extracted honey: honey obtained by centrifuging decapped broodless combs; |
| --- | --- |

(vi)

extracted honey: honey obtained by centrifuging decapped broodless combs;

| (vii) | pressed honey: honey obtained by pressing broodless combs with or without the application of moderate heat not exceeding 45 °C; |
| --- | --- |

(vii)

pressed honey: honey obtained by pressing broodless combs with or without the application of moderate heat not exceeding 45 °C;

| (viii) | filtered honey: honey obtained by removing foreign inorganic or organic matter in such a way as to result in the significant removal of pollen. |
| --- | --- |

(viii)

filtered honey: honey obtained by removing foreign inorganic or organic matter in such a way as to result in the significant removal of pollen.

‘Baker’s honey’ means honey which is:

| (a) | suitable for industrial uses or as an ingredient in other foodstuffs which are then processed and |
| --- | --- |

(a)

suitable for industrial uses or as an ingredient in other foodstuffs which are then processed and

| (b) | may:






  — | have a foreign taste or odour, or |
| --- | --- | --- |

(b)

may:

—

have a foreign taste or odour, or

| — | have begun to ferment or have fermented, or |
| --- | --- |

—

have begun to ferment or have fermented, or

| — | have been overheated. |
| --- | --- |

—

have been overheated.

| 2. | ‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen. |
| --- | --- |

2.

‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen.

Wednesday 4 July 2012ANNEX IV

STANDARD QUALITY OF RICE AND SUGAR AS REFERRED TO IN ARTICLE 8(1) AND (3)

A.   Standard quality for paddy rice

Paddy rice of standard quality shall:

| (a) | be of a sound and fair marketable quality, free of odour; |
| --- | --- |

(a)

be of a sound and fair marketable quality, free of odour;

| (b) | contain a moisture content of maximum 13 %; |
| --- | --- |

(b)

contain a moisture content of maximum 13 %;

| (c) | have a yield of wholly milled rice 63 % by weight in whole grains (with a tolerance of 3 % of clipped grains) of which a percentage by weight of wholly milled rice grains which are not of unimpaired quality:






  chalky grains of paddy rice under CN codes CN 1006 10 27 and CN 1006 10 98 | 1,5 % |
| --- | --- | --- |
| chalky grains of paddy rice under CN codes other than CN 1006 10 27 and CN 1006 10 98: | 2,0 % |
| grains striated with red | 1,0 % |
| spotted grains | 0,50 % |
| stained grains | 0,25 % |
| yellow grains | 0,02 % |
| amber grains | 0,05 % |

(c)

have a yield of wholly milled rice 63 % by weight in whole grains (with a tolerance of 3 % of clipped grains) of which a percentage by weight of wholly milled rice grains which are not of unimpaired quality:

chalky grains of paddy rice under CN codes CN 1006 10 27 and CN 1006 10 98

1,5 %

chalky grains of paddy rice under CN codes other than CN 1006 10 27 and CN 1006 10 98:

2,0 %

grains striated with red

1,0 %

spotted grains

0,50 %

stained grains

0,25 %

yellow grains

0,02 %

amber grains

0,05 %

B.   Standard qualities for sugar

I.   Standard quality for sugar beet

Standard quality beet shall:

| (a) | be of sound and fair merchantable quality; |
| --- | --- |

(a)

be of sound and fair merchantable quality;

| (b) | have a sugar content of 16 % at the reception point. |
| --- | --- |

(b)

have a sugar content of 16 % at the reception point.

II.   Standard quality for white sugar

| 1. | White sugar of the standard quality shall have the following characteristics:






  (a) | be of sound, genuine and merchantable quality; dry, in homogeneous granulated crystals, free-flowing; |
| --- | --- | --- |

1.

White sugar of the standard quality shall have the following characteristics:

(a)

be of sound, genuine and merchantable quality; dry, in homogeneous granulated crystals, free-flowing;

| (b) | minimum polarisation: 99,7; |
| --- | --- |

(b)

minimum polarisation: 99,7;

| (c) | maximum moisture content: 0,06 %; |
| --- | --- |

(c)

maximum moisture content: 0,06 %;

| (d) | maximum invert sugar content: 0,04 %; |
| --- | --- |

(d)

maximum invert sugar content: 0,04 %;

| (e) | the number of points determined under point 2 shall not exceed a total of 22, nor: | 15 for the ash content, |
| --- | --- | --- |

(e)

the number of points determined under point 2 shall not exceed a total of 22, nor:

15 for the ash content,

| | 9 for the colour type, determined using the method of the Brunswick Institute of Agricultural Technology (hereinafter referred to as the Brunswick method), |
| --- | --- |

9 for the colour type, determined using the method of the Brunswick Institute of Agricultural Technology (hereinafter referred to as the Brunswick method),

| | 6 for the colouring of the solution, determined using the method of the International Commission for Uniform Methods of Sugar Analysis (hereinafter referred to as the ICUMSA method). |
| --- | --- |

6 for the colouring of the solution, determined using the method of the International Commission for Uniform Methods of Sugar Analysis (hereinafter referred to as the ICUMSA method).

| 2. | One point shall correspond to:






  (a) | 0,0018 % of ash content determined using the ICUMSA method at 28° Brix, |
| --- | --- | --- |

2.

One point shall correspond to:

(a)

0,0018 % of ash content determined using the ICUMSA method at 28° Brix,

| (b) | 0,5 units of colour type determined using the Brunswick method, |
| --- | --- |

(b)

0,5 units of colour type determined using the Brunswick method,

| (c) | 7,5 units of colouring of the solution determined using the ICUMSA method. |
| --- | --- |

(c)

7,5 units of colouring of the solution determined using the ICUMSA method.

| 3. | The methods for determining the factors referred to in point 1 shall be those used for determining those factors under the intervention measures. |
| --- | --- |

3.

The methods for determining the factors referred to in point 1 shall be those used for determining those factors under the intervention measures.

III.   Standard quality for raw sugar

| 1. | Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92 %. |
| --- | --- |

1.

Raw sugar of the standard quality shall be sugar with a yield in white sugar of 92 %.

| 2. | The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar:






  (a) | its percentage ash content multiplied by four; |
| --- | --- | --- |

2.

The yield of raw beet sugar shall be calculated by subtracting from the degree of polarisation of that sugar:

(a)

its percentage ash content multiplied by four;

| (b) | its percentage invert sugar content multiplied by two; |
| --- | --- |

(b)

its percentage invert sugar content multiplied by two;

| (c) | the number 1. |
| --- | --- |

(c)

the number 1.

| 3. | The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that sugar multiplied by two. |
| --- | --- |

3.

The yield of raw cane sugar shall be calculated by subtracting 100 from the degree of polarisation of that sugar multiplied by two.

Wednesday 4 July 2012ANNEX V

UNION SCALES FOR THE CLASSIFICATION OF CARCASSES REFERRED TO IN ARTICLE 34

A.   Union scale for the classification of carcasses of adult bovine animals

I.   Definitions

The following definitions shall apply:

1.   'carcass': the whole body of a slaughtered animal as presented after bleeding, evisceration and skinning;

2.   'half-carcass': the product obtained by separating the carcass referred to in point (1) symmetrically through the middle of each cervical, dorsal, lumbar and sacral vertebra and through the middle of the sternum and the ischiopubic symphysis.

II.   Categories

The carcasses shall be divided into the following categories:

| A: | carcasses of uncastrated young male animals of less than two years of age; |
| --- | --- |

A:

carcasses of uncastrated young male animals of less than two years of age;

| B: | carcasses of other uncastrated male animals; |
| --- | --- |

B:

carcasses of other uncastrated male animals;

| C: | carcasses of castrated male animals; |
| --- | --- |

C:

carcasses of castrated male animals;

| D: | carcasses of female animals that have calved; |
| --- | --- |

D:

carcasses of female animals that have calved;

| E: | carcasses of other female animals. |
| --- | --- |

E:

carcasses of other female animals.

III.   Classification

The carcasses shall be classified by successive assessment of:

| 1. | Conformation, defined as follows:
  Development of carcass profiles, in particular the essential parts (round, back, shoulder)






  Conformation class | Description |
| --- | --- | --- |
| S
  Superior | All profiles extremely convex; exceptional muscle development (double muscled carcass type) |
| E
  Excellent | All profiles convex to super-convex; exceptional muscle development |
| U
  Very good | Profiles on the whole convex, very good muscle development |
| R
  Good | Profiles on the whole straight; good muscle development |
| O
  Fair | Profiles straight to concave; average muscle development |
| P
  Poor | All profiles concave to very concave; poor muscle development |

1.

Conformation, defined as follows:

Development of carcass profiles, in particular the essential parts (round, back, shoulder)

Conformation class

Description

S

Superior

All profiles extremely convex; exceptional muscle development (double muscled carcass type)

E

Excellent

All profiles convex to super-convex; exceptional muscle development

U

Very good

Profiles on the whole convex, very good muscle development

R

Good

Profiles on the whole straight; good muscle development

O

Fair

Profiles straight to concave; average muscle development

P

Poor

All profiles concave to very concave; poor muscle development

| 2. | Fat cover, defined as follows:
  Amount of fat on the outside of the carcass and in the thoracic cavity






  Class of fat cover | Description |
| --- | --- | --- |
| 1
  low | None up to low fat cover |
| 2
  slight | Slight fat cover, flesh visible almost everywhere |
| 3
  average | Flesh with the exception of the round and shoulder, almost everywhere covered with fat, slight deposits of fat in the thoracic cavity |
| 4
  high | Flesh covered with fat, but on the round and shoulder still partly visible, some distinctive fat deposits in the thoracic cavity |
| 5
  very high | Entire carcass covered with fat; heavy deposits in the thoracic cavity |

2.

Fat cover, defined as follows:

Amount of fat on the outside of the carcass and in the thoracic cavity

Class of fat cover

Description

1

low

None up to low fat cover

2

slight

Slight fat cover, flesh visible almost everywhere

3

average

Flesh with the exception of the round and shoulder, almost everywhere covered with fat, slight deposits of fat in the thoracic cavity

4

high

Flesh covered with fat, but on the round and shoulder still partly visible, some distinctive fat deposits in the thoracic cavity

5

very high

Entire carcass covered with fat; heavy deposits in the thoracic cavity

IV.   Presentation

Carcasses and half-carcasses shall be presented:

| 1. | without the head and without the feet; the head shall be separated from the carcass at the atloido-occipital joint and the feet shall be severed at the carpametacarpal or tarsometatarsal joints, |
| --- | --- |

1.

without the head and without the feet; the head shall be separated from the carcass at the atloido-occipital joint and the feet shall be severed at the carpametacarpal or tarsometatarsal joints,

| 2. | without the organs contained in the thoracic and abdominal cavities with or without the kidneys, the kidney fat and the pelvic fat, |
| --- | --- |

2.

without the organs contained in the thoracic and abdominal cavities with or without the kidneys, the kidney fat and the pelvic fat,

| 3. | without the sexual organs and the attached muscles and without the udder or the mammary fat. |
| --- | --- |

3.

without the sexual organs and the attached muscles and without the udder or the mammary fat.

V.   Classification and identification

Slaughterhouses approved under Article 4 of Regulation (EC) No 853/2004 of the European Parliament and of the Council (1) shall take measures to ensure that all carcasses or half-carcasses from adult bovine animals slaughtered in such slaughterhouses and bearing a health mark provided for Article 5(2) in conjunction with Chapter III of Section I of Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council (2) are classified and identified in accordance with the Union scale.

Before identification by marking, Member States may grant authorisation to have the external fat removed from the carcasses or half-carcasses if this is justified by the fat cover.

B.   Union scale for the classification of pig carcasses

I.   Definition

'carcass' shall mean the body of a slaughtered pig, bled and eviscerated, whole or divided down the mid-line.

II.   Classification

Carcasses shall be divided into classes according to their estimated lean-meat content and classified accordingly:

| Classes | Lean meat as percentage of carcass weight |
| --- | --- |
| S | 60 or more (3) |
| E | 55 or more |
| U | 50 or more but less than 55 |
| R | 45 or more but less than 50 |
| O | 40 or more but less than 45 |
| P | less than 40 |

Classes

Lean meat as percentage of carcass weight

S

60 or more (3)

E

55 or more

U

50 or more but less than 55

R

45 or more but less than 50

O

40 or more but less than 45

P

less than 40

III.   Presentation

Carcasses shall be presented without tongue, bristles, hooves, genital organs, flare fat, kidneys and diaphragm.

IV.   Lean-meat content

| 1. | The lean-meat content shall be assessed by means grading methods authorised by the Commission. Only statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass may be authorised. Authorisation of grading methods shall be subject to compliance with a maximum tolerance for statistical error in assessment. |
| --- | --- |

1.

The lean-meat content shall be assessed by means grading methods authorised by the Commission. Only statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcass may be authorised. Authorisation of grading methods shall be subject to compliance with a maximum tolerance for statistical error in assessment.

| 2. | However, the commercial value of the carcasses shall not be determined solely by their estimated lean-meat content. |
| --- | --- |

2.

However, the commercial value of the carcasses shall not be determined solely by their estimated lean-meat content.

V.   Identification of carcasses

Unless otherwise provided for by the Commission, classified carcasses shall be identified by marking in accordance with the Union scale.

C.   Union scale for the classification of sheep carcasses

I.   Definition

As regards the terms 'carcass' and 'half-carcass' the definitions laid down in point A.I shall apply.

II.   Categories

The carcasses shall be divided into the following categories:

| A: | carcasses of sheep under 12 months old, |
| --- | --- |

A:

carcasses of sheep under 12 months old,

| B: | carcasses of other sheep. |
| --- | --- |

B:

carcasses of other sheep.

III.   Classification

| 1. | The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term 'round' in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term 'hindquarter'. |
| --- | --- |

1.

The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term 'round' in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term 'hindquarter'.

| 2. | By way of derogation from point 1, for lambs of less than 13 kg carcass weight, Member States may be authorised by the Commission, by means of an implementing act without the application of Article 323, to use the following criteria for classification:









  (a) | carcass weight; |
| --- | --- | --- |

2.

(a)

carcass weight;

| (b) | colour of meat; |
| --- | --- |

(b)

colour of meat;

| (c) | fat cover. [Am. 42] |
| --- | --- |

(c)

fat cover. [Am. 42]

IV.   Presentation

Carcasses and half-carcasses shall be presented without the head (severed at the atlantooccipital joint), the feet (severed at the carpometacarpal or tarso-metatarsal joints), the tail (severed between the sixth and seventh caudal vertebrae), the udder, the genitalia, the liver and the pluck. Kidneys and kidney fat are included in the carcass.

V.   Identification of carcasses

Classified carcasses and half-carcasses shall be identified by marking in accordance with the Union scale.

---

(1)  OJ L 139, 30.4.2004, p. 55.

(2)  OJ L 139, 30.4.2004, p. 206.

(3)  [Member States may introduce, for pigs slaughtered in their territory, a separate class of 60 % or more of lean meat designated with the letter S.]

Wednesday 4 July 2012ANNEX VI

NATIONAL AND REGIONAL QUOTAS FOR THE PRODUCTION OF SUGAR, ISOGLUCOSE AND INULIN SYRUP AS REFERRED TO IN ARTICLE 50

from the 2010/2011 marketing year onwards

| (in tonnes) |
| --- |
| Member States or regions
  (1) | Sugar
  (2) | Isoglucose
  (3) | Inulin syrup
  (4) |
| Belgium | 676 235,0 | 114 580,2 | 0 |
| Bulgaria | 0 | 89 198,0 | |
| Czech Republic | 372 459,3 | | |
| Denmark | 372 383,0 | | |
| Germany | 2 898 255,7 | 56 638,2 | |
| Ireland | 0 | | |
| Greece | 158 702,0 | 0 | |
| Spain | 498 480,2 | 53 810,2 | |
| France (metropolitan) | 3 004 811,15 | | 0 |
| French overseas departments | 432 220,05 | | |
| Italy | 508 379,0 | 32 492,5 | |
| Latvia | 0 | | |
| Lithuania | 90 252,0 | | |
| Hungary | 105 420,0 | 220 265,8 | |
| Netherlands | 804 888,0 | 0 | 0 |
| Austria | 351 027,4 | | |
| Poland | 1 405 608,1 | 42 861,4 | |
| Portugal (mainland) | 0 | 12 500,0 | |
| Autonomous Region of the Azores | 9 953,0 | | |
| Romania | 104 688,8 | 0 | |
| Slovenia | 0 | | |
| Slovakia | 112 319,5 | 68 094,5 | |
| Finland | 80 999,0 | 0 | |
| Sweden | 293 186,0 | | |
| United Kingdom | 1 056 474,0 | 0 | |
| TOTAL | 13 336 741,2 | 690 440,8 | 0 |

(in tonnes)

Member States or regions

(1)

Sugar

(2)

Isoglucose

(3)

Inulin syrup

(4)

Belgium

676 235,0

114 580,2

0

Bulgaria

0

89 198,0

Czech Republic

372 459,3

Denmark

372 383,0

Germany

2 898 255,7

56 638,2

Ireland

0

Greece

158 702,0

0

Spain

498 480,2

53 810,2

France (metropolitan)

3 004 811,15

0

French overseas departments

432 220,05

Italy

508 379,0

32 492,5

Latvia

0

Lithuania

90 252,0

Hungary

105 420,0

220 265,8

Netherlands

804 888,0

0

0

Austria

351 027,4

Poland

1 405 608,1

42 861,4

Portugal (mainland)

0

12 500,0

Autonomous Region of the Azores

9 953,0

Romania

104 688,8

0

Slovenia

0

Slovakia

112 319,5

68 094,5

Finland

80 999,0

0

Sweden

293 186,0

United Kingdom

1 056 474,0

0

TOTAL

13 336 741,2

690 440,8

0

Wednesday 4 July 2012ANNEX VII

DETAILED RULES ON TRANSFERS OF SUGAR OR ISOGLUCOSE QUOTAS IN ACCORDANCE WITH ARTICLE 53

I

For the purposes of this Annex:

| (a) | 'merger of undertakings' means the consolidation of two or more undertakings into a single undertaking; |
| --- | --- |

(a)

'merger of undertakings' means the consolidation of two or more undertakings into a single undertaking;

| (b) | 'transfer of an undertaking' means the transfer or absorption of the assets of an undertaking having quota to one or more undertakings; |
| --- | --- |

(b)

'transfer of an undertaking' means the transfer or absorption of the assets of an undertaking having quota to one or more undertakings;

| (c) | 'transfer of a factory' means the transfer of ownership of a technical unit, including all the plant required to manufacture the product concerned, to one or more undertakings, resulting in the partial or total absorption of the production of the undertaking making the transfer; |
| --- | --- |

(c)

'transfer of a factory' means the transfer of ownership of a technical unit, including all the plant required to manufacture the product concerned, to one or more undertakings, resulting in the partial or total absorption of the production of the undertaking making the transfer;

| (d) | 'lease of a factory' means the leasehold contract of a technical unit including all the plant required for the manufacture of sugar, with a view to its operation, concluded for a period of at least three consecutive marketing years, which the parties agree not to terminate before the end of the third marketing year, with an undertaking which is established in the same Member State, as the factory concerned, if, after the lease takes effect, the undertaking which rents the factory can be considered a solely sugar-producing undertaking for its entire production. |
| --- | --- |

(d)

'lease of a factory' means the leasehold contract of a technical unit including all the plant required for the manufacture of sugar, with a view to its operation, concluded for a period of at least three consecutive marketing years, which the parties agree not to terminate before the end of the third marketing year, with an undertaking which is established in the same Member State, as the factory concerned, if, after the lease takes effect, the undertaking which rents the factory can be considered a solely sugar-producing undertaking for its entire production.

II

| 1. | Without prejudice to point 2, in the event of the merger or transfer of sugar-producing undertakings or the transfer of sugar factories, the quota shall be adjusted as follows:






  (a) | in the event of the merger of sugar-producing undertakings, the Member States shall allocate to the undertaking resulting from the merger a quota equal to the sum of the quotas allocated prior to the merger to the sugar-producing undertakings concerned; |
| --- | --- | --- |

1.

Without prejudice to point 2, in the event of the merger or transfer of sugar-producing undertakings or the transfer of sugar factories, the quota shall be adjusted as follows:

(a)

in the event of the merger of sugar-producing undertakings, the Member States shall allocate to the undertaking resulting from the merger a quota equal to the sum of the quotas allocated prior to the merger to the sugar-producing undertakings concerned;

| (b) | in the event of the transfer of a sugar-producing undertaking, the Member State shall allocate the quota of the transferred undertaking to the transferee undertaking for the production of sugar or, if there is more than one transferee undertaking, the allocation shall be made in proportion to the sugar production absorbed by each of them; |
| --- | --- |

(b)

in the event of the transfer of a sugar-producing undertaking, the Member State shall allocate the quota of the transferred undertaking to the transferee undertaking for the production of sugar or, if there is more than one transferee undertaking, the allocation shall be made in proportion to the sugar production absorbed by each of them;

| (c) | in the event of the transfer of a sugar factory, the Member State shall reduce the quota of the undertaking transferring ownership of the factory and shall increase the quota of the sugar-producing undertaking or undertakings purchasing the factory in question by the quantity deducted in proportion to the production absorbed. |
| --- | --- |

(c)

in the event of the transfer of a sugar factory, the Member State shall reduce the quota of the undertaking transferring ownership of the factory and shall increase the quota of the sugar-producing undertaking or undertakings purchasing the factory in question by the quantity deducted in proportion to the production absorbed.

| 2. | Where a number of the sugar-beet or cane growers directly affected by one of the operations referred to in point 1 expressly show their willingness to supply their beet or cane to a sugar-producing undertaking which is not party to those operations, the Member State may make the allocation on the basis of the production absorbed by the undertaking to which they intend to supply their beet or cane. |
| --- | --- |

2.

Where a number of the sugar-beet or cane growers directly affected by one of the operations referred to in point 1 expressly show their willingness to supply their beet or cane to a sugar-producing undertaking which is not party to those operations, the Member State may make the allocation on the basis of the production absorbed by the undertaking to which they intend to supply their beet or cane.

| 3. | In the event of closure, in circumstances other than those referred to in point 1, of:






  (a) | a sugar-producing undertaking; |
| --- | --- | --- |

3.

In the event of closure, in circumstances other than those referred to in point 1, of:

(a)

a sugar-producing undertaking;

| (b) | one or more factories of a sugar-producing undertaking, |
| --- | --- |

(b)

one or more factories of a sugar-producing undertaking,

the Member State may allocate the part of the quotas involved in such closure to one or more sugar-producing undertakings.

Also in the case referred to in point (b) of the first subparagraph, where some of the producers concerned expressly show their willingness to supply their beet or cane to a given sugar-producing undertaking, the Member State may allocate the proportion of the quotas corresponding to the beet or cane concerned to the undertaking which they intend to supply with those products.

| 4. | Where the derogation referred to in Article 43(6) is invoked, the Member State concerned may require the beet growers and the sugar undertakings concerned by that derogation to include in their agreements within the trade special clauses enabling the Member State to apply points 2 and 3 of this Section. |
| --- | --- |

4.

Where the derogation referred to in Article 43(6) is invoked, the Member State concerned may require the beet growers and the sugar undertakings concerned by that derogation to include in their agreements within the trade special clauses enabling the Member State to apply points 2 and 3 of this Section.

| 5. | In the event of the lease of a factory belonging to a sugar-producing undertaking, the Member State may reduce the quota of the undertaking offering the factory for rent and allocate the portion by which the quota was reduced to the undertaking which rents the factory in order to produce sugar in it.
  If the lease is terminated during the period of three marketing years referred to in point I (d) the adjustment of quota under the first subparagraph of this point shall be cancelled retroactively by the Member State as at the date on which the lease took effect. However, if the lease is terminated by reason of force majeure, the Member State shall not be bound to cancel the adjustment. |
| --- | --- |

5.

In the event of the lease of a factory belonging to a sugar-producing undertaking, the Member State may reduce the quota of the undertaking offering the factory for rent and allocate the portion by which the quota was reduced to the undertaking which rents the factory in order to produce sugar in it.

If the lease is terminated during the period of three marketing years referred to in point I (d) the adjustment of quota under the first subparagraph of this point shall be cancelled retroactively by the Member State as at the date on which the lease took effect. However, if the lease is terminated by reason of force majeure, the Member State shall not be bound to cancel the adjustment.

| 6. | Where a sugar-producing undertaking can no longer ensure that it meets its obligations under Union legislation towards the sugar-beet or cane producers concerned, and where that situation has been ascertained by the competent authorities of the Member State concerned, the latter may allocate for one or more marketing years the part of the quotas involved to one or more sugar-producing undertakings in proportion to the production absorbed. |
| --- | --- |

6.

Where a sugar-producing undertaking can no longer ensure that it meets its obligations under Union legislation towards the sugar-beet or cane producers concerned, and where that situation has been ascertained by the competent authorities of the Member State concerned, the latter may allocate for one or more marketing years the part of the quotas involved to one or more sugar-producing undertakings in proportion to the production absorbed.

| 7. | Where a Member State grants a sugar producing undertaking price and outlet guarantees for processing sugar beet into ethyl alcohol, that Member State may, in agreement with that undertaking and the beet growers concerned, allocate all or part of the sugar production quotas to one or more other undertakings for one or more marketing years. |
| --- | --- |

7.

Where a Member State grants a sugar producing undertaking price and outlet guarantees for processing sugar beet into ethyl alcohol, that Member State may, in agreement with that undertaking and the beet growers concerned, allocate all or part of the sugar production quotas to one or more other undertakings for one or more marketing years.

III

In the event of the merger or transfer of isoglucose-producing undertakings or the transfer of an isoglucose-producing factory, the Member State may allocate the quotas involved for the production of isoglucose to one or more other undertakings, whether or not they have a production quota.

IV

The measures taken pursuant to Sections II and III may take effect only if the following conditions are met:

| (a) | the interests of each of the parties concerned are taken into consideration; |
| --- | --- |

(a)

the interests of each of the parties concerned are taken into consideration;

| (b) | the Member State concerned considers that they are likely to improve the structure of the beet, cane and sugar-manufacturing sectors; |
| --- | --- |

(b)

the Member State concerned considers that they are likely to improve the structure of the beet, cane and sugar-manufacturing sectors;

| (c) | they concern undertakings established in the same territory for which the quota is set in Annex VI. |
| --- | --- |

(c)

they concern undertakings established in the same territory for which the quota is set in Annex VI.

V

When the merger or transfer occurs between 1 October and 30 April of the following year, the measures referred to in Sections II and III shall take effect for the current marketing year.

When the merger or transfer occurs between 1 May and 30 September of the same year, the measures referred to in Sections II and III shall take effect for the following marketing year.

VI

Where Sections II and III are applied, Member States shall inform the Commission of the adjusted quotas not later than 15 days after the expiry of the periods referred to in Section V.

Wednesday 4 July 2012ANNEX VIII

NATIONAL QUOTAS FOR THE PRODUCTION OF MILK AND OTHER MILK PRODUCTS AS REFERRED TO IN ARTICLE 59

(quantities (tonnes) per twelve-month period per Member State):

| Member State | 2008/09 | 2009/10 | 2010/11 | 2011/12 | 2012/13 | 2013/14 | 2014/15 |
| --- | --- | --- | --- | --- | --- | --- | --- |
| Belgium | 3 427 288,740 | 3 461 561,627 | 3 496 177,244 | 3 531 139,016 | 3 566 450,406 | 3 602 114,910 | 3 602 114,910 |
| Bulgaria | 998 580,000 | 1 008 565,800 | 1 018 651,458 | 1 028 837,973 | 1 039 126,352 | 1 049 517,616 | 1 049 517,616 |
| Czech Republic | 2 792 689,620 | 2 820 616,516 | 2 848 822,681 | 2 877 310,908 | 2 906 084,017 | 2 935 144,857 | 2 935 144,857 |
| Denmark | 4 612 619,520 | 4 658 745,715 | 4 705 333,172 | 4 752 386,504 | 4 799 910,369 | 4 847 909,473 | 4 847 909,473 |
| Germany | 28 847 420,391 | 29 135 894,595 | 29 427 253,541 | 29 721 526,076 | 30 018 741,337 | 30 318 928,750 | 30 318 928,750 |
| Estonia | 659 295,360 | 665 888,314 | 672 547,197 | 679 272,669 | 686 065,395 | 692 926,049 | 692 926,049 |
| Ireland | 5 503 679,280 | 5 558 716,073 | 5 614 303,234 | 5 670 446,266 | 5 727 150,729 | 5 784 422,236 | 5 784 422,236 |
| Greece | 836 923,260 | 845 292,493 | 853 745,418 | 862 282,872 | 870 905,700 | 879 614,757 | 879 614,757 |
| Spain | 6 239 289,000 | 6 301 681,890 | 6 364 698,709 | 6 428 345,696 | 6 492 629,153 | 6 557 555,445 | 6 557 555,445 |
| France | 25 091 321,700 | 25 342 234,917 | 25 595 657,266 | 25 851 613,839 | 26 110 129,977 | 26 371 231,277 | 26 371 231,277 |
| Italy | 10 740 661,200 | 11 288 542,866 | 11 288 542,866 | 11 288 542,866 | 11 288 542,866 | 11 288 542,866 | 11 288 542,866 |
| Cyprus | 148 104,000 | 149 585,040 | 151 080,890 | 152 591,699 | 154 117,616 | 155 658,792 | 155 658,792 |
| Latvia | 743 220,960 | 750 653,170 | 758 159,701 | 765 741,298 | 773 398,711 | 781 132,698 | 781 132,698 |
| Lithuania | 1 738 935,780 | 1 756 325,138 | 1 773 888,389 | 1 791 627,273 | 1 809 543,546 | 1 827 638,981 | 1 827 638,981 |
| Luxembourg | 278 545,680 | 281 331,137 | 284 144,448 | 286 985,893 | 289 855,752 | 292 754,310 | 292 754,310 |
| Hungary | 2 029 861,200 | 2 050 159,812 | 2 070 661,410 | 2 091 368,024 | 2 112 281,704 | 2 133 404,521 | 2 133 404,521 |
| Malta | 49 671,960 | 50 168,680 | 50 670,366 | 51 177,070 | 51 688,841 | 52 205,729 | 52 205,729 |
| Netherlands | 11 465 630,280 | 11 580 286,583 | 11 696 089,449 | 11 813 050,343 | 11 931 180,847 | 12 050 492,655 | 12 050 492,655 |
| Austria | 2 847 478,469 | 2 875 953,254 | 2 904 712,786 | 2 933 759,914 | 2 963 097,513 | 2 992 728,488 | 2 992 728,488 |
| Poland | 9 567 745,860 | 9 663 423,319 | 9 760 057,552 | 9 857 658,127 | 9 956 234,709 | 10 055 797,056 | 10 055 797,056 |
| Portugal | 1 987 521,000 | 2 007 396,210 | 2 027 470,172 | 2 047 744,874 | 2 068 222,323 | 2 088 904,546 | 2 088 904,546 |
| Romania | 3 118 140,000 | 3 149 321,400 | 3 180 814,614 | 3 212 622,760 | 3 244 748,988 | 3 277 196,478 | 3 277 196,478 |
| Slovenia | 588 170,760 | 594 052,468 | 599 992,992 | 605 992,922 | 612 052,851 | 618 173,380 | 618 173,380 |
| Slovakia | 1 061 603,760 | 1 072 219,798 | 1 082 941,996 | 1 093 771,416 | 1 104 709,130 | 1 115 756,221 | 1 115 756,221 |
| Finland | 2 491 930,710 | 2 516 850,017 | 2 542 018,517 | 2 567 438,702 | 2 593 113,089 | 2 619 044,220 | 2 619 044,220 |
| Sweden | 3 419 595,900 | 3 453 791,859 | 3 488 329,778 | 3 523 213,075 | 3 558 445,206 | 3 594 029,658 | 3 594 029,658 |
| United Kingdom | 15 125 168,940 | 15 276 420,629 | 15 429 184,836 | 15 583 476,684 | 15 739 311,451 | 15 896 704,566 | 15 896 704,566 |

Member State

2008/09

2009/10

2010/11

2011/12

2012/13

2013/14

2014/15

Belgium

3 427 288,740

3 461 561,627

3 496 177,244

3 531 139,016

3 566 450,406

3 602 114,910

3 602 114,910

Bulgaria

998 580,000

1 008 565,800

1 018 651,458

1 028 837,973

1 039 126,352

1 049 517,616

1 049 517,616

Czech Republic

2 792 689,620

2 820 616,516

2 848 822,681

2 877 310,908

2 906 084,017

2 935 144,857

2 935 144,857

Denmark

4 612 619,520

4 658 745,715

4 705 333,172

4 752 386,504

4 799 910,369

4 847 909,473

4 847 909,473

Germany

28 847 420,391

29 135 894,595

29 427 253,541

29 721 526,076

30 018 741,337

30 318 928,750

30 318 928,750

Estonia

659 295,360

665 888,314

672 547,197

679 272,669

686 065,395

692 926,049

692 926,049

Ireland

5 503 679,280

5 558 716,073

5 614 303,234

5 670 446,266

5 727 150,729

5 784 422,236

5 784 422,236

Greece

836 923,260

845 292,493

853 745,418

862 282,872

870 905,700

879 614,757

879 614,757

Spain

6 239 289,000

6 301 681,890

6 364 698,709

6 428 345,696

6 492 629,153

6 557 555,445

6 557 555,445

France

25 091 321,700

25 342 234,917

25 595 657,266

25 851 613,839

26 110 129,977

26 371 231,277

26 371 231,277

Italy

10 740 661,200

11 288 542,866

11 288 542,866

11 288 542,866

11 288 542,866

11 288 542,866

11 288 542,866

Cyprus

148 104,000

149 585,040

151 080,890

152 591,699

154 117,616

155 658,792

155 658,792

Latvia

743 220,960

750 653,170

758 159,701

765 741,298

773 398,711

781 132,698

781 132,698

Lithuania

1 738 935,780

1 756 325,138

1 773 888,389

1 791 627,273

1 809 543,546

1 827 638,981

1 827 638,981

Luxembourg

278 545,680

281 331,137

284 144,448

286 985,893

289 855,752

292 754,310

292 754,310

Hungary

2 029 861,200

2 050 159,812

2 070 661,410

2 091 368,024

2 112 281,704

2 133 404,521

2 133 404,521

Malta

49 671,960

50 168,680

50 670,366

51 177,070

51 688,841

52 205,729

52 205,729

Netherlands

11 465 630,280

11 580 286,583

11 696 089,449

11 813 050,343

11 931 180,847

12 050 492,655

12 050 492,655

Austria

2 847 478,469

2 875 953,254

2 904 712,786

2 933 759,914

2 963 097,513

2 992 728,488

2 992 728,488

Poland

9 567 745,860

9 663 423,319

9 760 057,552

9 857 658,127

9 956 234,709

10 055 797,056

10 055 797,056

Portugal

1 987 521,000

2 007 396,210

2 027 470,172

2 047 744,874

2 068 222,323

2 088 904,546

2 088 904,546

Romania

3 118 140,000

3 149 321,400

3 180 814,614

3 212 622,760

3 244 748,988

3 277 196,478

3 277 196,478

Slovenia

588 170,760

594 052,468

599 992,992

605 992,922

612 052,851

618 173,380

618 173,380

Slovakia

1 061 603,760

1 072 219,798

1 082 941,996

1 093 771,416

1 104 709,130

1 115 756,221

1 115 756,221

Finland

2 491 930,710

2 516 850,017

2 542 018,517

2 567 438,702

2 593 113,089

2 619 044,220

2 619 044,220

Sweden

3 419 595,900

3 453 791,859

3 488 329,778

3 523 213,075

3 558 445,206

3 594 029,658

3 594 029,658

United Kingdom

15 125 168,940

15 276 420,629

15 429 184,836

15 583 476,684

15 739 311,451

15 896 704,566

15 896 704,566

Wednesday 4 July 2012ANNEX IX

REFERENCE FAT CONTENT REFERRED TO IN ARTICLE 63

| Member State | g/kg |
| --- | --- |
| Belgium | 36,91 |
| Bulgaria | 39,10 |
| Czech Republic | 42,10 |
| Denmark | 43,68 |
| Germany | 40,11 |
| Estonia | 43,10 |
| Greece | 36,10 |
| Spain | 36,37 |
| France | 39,48 |
| Ireland | 35,81 |
| Italy | 36,88 |
| Cyprus | 34,60 |
| Latvia | 40,70 |
| Lithuania | 39,90 |
| Luxembourg | 39,17 |
| Hungary | 38,50 |
| Netherlands | 42,36 |
| Austria | 40,30 |
| Poland | 39,00 |
| Portugal | 37,30 |
| Romania | 38,50 |
| Slovenia | 41,30 |
| Slovakia | 37,10 |
| Finland | 43,40 |
| Sweden | 43,40 |
| United Kingdom | 39,70 |

Member State

g/kg

Belgium

36,91

Bulgaria

39,10

Czech Republic

42,10

Denmark

43,68

Germany

40,11

Estonia

43,10

Greece

36,10

Spain

36,37

France

39,48

Ireland

35,81

Italy

36,88

Cyprus

34,60

Latvia

40,70

Lithuania

39,90

Luxembourg

39,17

Hungary

38,50

Netherlands

42,36

Austria

40,30

Poland

39,00

Portugal

37,30

Romania

38,50

Slovenia

41,30

Slovakia

37,10

Finland

43,40

Sweden

43,40

United Kingdom

39,70

Wednesday 4 July 2012ANNEX X

BUDGET FOR SUPPORT PROGRAMMES REFERRED TO IN ARTICLE 136(1)

| In 1000 EUR |
| --- |
| Budget year | 2009 | 2010 | 2011 | 2012 | 2013 | from 2014 onwards |
| BG | 15 608 | 21 234 | 22 022 | 27 077 | 26 742 | 26 762 |
| CZ | 2 979 | 4 076 | 4 217 | 5 217 | 5 151 | 5 155 |
| DE | 22 891 | 30 963 | 32 190 | 39 341 | 38 867 | 38 895 |
| EL | 14 286 | 19 167 | 19 840 | 24 237 | 23 945 | 23 963 |
| ES | 213 820 | 284 219 | 279 038 | 358 000 | 352 774 | 353 081 |
| FR | 171 909 | 226 814 | 224 055 | 284 299 | 280 311 | 280 545 |
| IT (1) | 238 223 | 298 263 | 294 135 | 341 174 | 336 736 | 336 997 |
| CY | 2 749 | 3 704 | 3 801 | 4 689 | 4 643 | 4 646 |
| LT | 30 | 37 | 45 | 45 | 45 | 45 |
| LU | 344 | 467 | 485 | 595 | 587 | 588 |
| HU | 16 816 | 23 014 | 23 809 | 29 455 | 29 081 | 29 103 |
| MT | 232 | 318 | 329 | 407 | 401 | 402 |
| AT | 8 038 | 10 888 | 11 313 | 13 846 | 13 678 | 13 688 |
| PT | 37 802 | 51 627 | 53 457 | 65 989 | 65 160 | 65 208 |
| RO | 42 100 | 42 100 | 42 100 | 42 100 | 42 100 | 42 100 |
| SI | 3 522 | 3 770 | 3 937 | 5 119 | 5 041 | 5 045 |
| SK | 2 938 | 4 022 | 4 160 | 5 147 | 5 082 | 5 085 |
| UK | 0 | 61 | 67 | 124 | 120 | 120 |

In 1000 EUR

Budget year

2009

2010

2011

2012

2013

from 2014 onwards

BG

15 608

21 234

22 022

27 077

26 742

26 762

CZ

2 979

4 076

4 217

5 217

5 151

5 155

DE

22 891

30 963

32 190

39 341

38 867

38 895

EL

14 286

19 167

19 840

24 237

23 945

23 963

ES

213 820

284 219

279 038

358 000

352 774

353 081

FR

171 909

226 814

224 055

284 299

280 311

280 545

IT (1)

238 223

298 263

294 135

341 174

336 736

336 997

CY

2 749

3 704

3 801

4 689

4 643

4 646

LT

30

37

45

45

45

45

LU

344

467

485

595

587

588

HU

16 816

23 014

23 809

29 455

29 081

29 103

MT

232

318

329

407

401

402

AT

8 038

10 888

11 313

13 846

13 678

13 688

PT

37 802

51 627

53 457

65 989

65 160

65 208

RO

42 100

42 100

42 100

42 100

42 100

42 100

SI

3 522

3 770

3 937

5 119

5 041

5 045

SK

2 938

4 022

4 160

5 147

5 082

5 085

UK

0

61

67

124

120

120

---

(1)  The national ceilings in Annex VIII to Regulation (EC) No 73/2009 for Italy corresponding to years 2008, 2009 and 2010 are reduced by EUR 20 million and those amounts have been included in the budget amounts of Italy for the years 2009, 2010 and 2011 as laid down in this table.

Wednesday 4 July 2012ANNEX XI

INTERNATIONAL ORGANISATIONS REFERRED TO IN ARTICLE 159(3)

| — | Codex Alimentarius |
| --- | --- |

—

Codex Alimentarius

| — | United Nations Economic Commission for Europe |
| --- | --- |

—

United Nations Economic Commission for Europe

Wednesday 4 July 2012ANNEX XII

DEFINITIONS, DESIGNATIONS AND SALES DESCRIPTION OF PRODUCTS REFERRED TO IN ARTICLE 163

For the purposes of this Annex, the sale description is the name under which a foodstuff is sold, within the meaning of Article 5(1) of Directive 2000/13/EC.

Part I.   Meat of bovine animals aged 12 months or less

I.   DEFINITION

For the purposes of this Part of this Annex, “meat” means all carcases, meat on the bone or boned, and offal, whether or not cut, intended for human consumption, obtained from bovine animals aged 12 months or less, presented fresh, frozen or deep-frozen, whether or not wrapped or packed.

On slaughter, all bovine animals aged 12 months or less shall be classified by the operators, under the supervision of the competent authority, in one of the following two categories:

| (A) | : | Category V | : | bovine animals aged 8 months or less
  Category identification letter: V; |
| --- | --- | --- | --- | --- |
| (B) | : | Category Z | : | bovine animals aged more than 8 months but not more than 12 months
  Category identification letter: Z. |

(A)

:

Category V

:

bovine animals aged 8 months or less

Category identification letter: V;

(B)

:

Category Z

:

bovine animals aged more than 8 months but not more than 12 months

Category identification letter: Z.

II.   SALES DESCRIPTIONS

| 1. | The meat of bovine animals aged 12 months or less shall only be marketed in the Member States under the following sales description(s) laid down for each Member State:






  (A) | For the meat of bovine animals aged 8 months or less [(Category identification letter: V)]:








  Country of marketing | Sales descriptions to be used |
| --- | --- | --- | --- |
| Belgium | veau, viande de veau/kalfsvlees/Kalbfleisch |
| Bulgaria | месо от малки телета |
| Czech Republic | Telecí |
| Denmark | Lyst kalvekød |
| Germany | Kalbfleisch |
| Estonia | Vasikaliha |
| Greece | μοσχάρι γάλακτος |
| Spain | Ternera blanca, carne de ternera blanca |
| France | veau, viande de veau |
| Ireland | Veal |
| Italy | vitello, carne di vitello |
| Cyprus | μοσχάρι γάλακτος |
| Latvia | Teļa gaļa |
| Lithuania | Veršiena |
| Luxembourg | veau, viande de veau/Kalbfleisch |
| Hungary | Borjúhús |
| Malta | Vitella |
| Netherlands | Kalfsvlees |
| Austria | Kalbfleisch |
| Poland | Cielęcina |
| Portugal | Vitela |
| Romania | carne de vițel |
| Slovenia | Teletina |
| Slovakia | Teľacie mäso |
| Finland | vaalea vasikanliha/ljust kalvkött |
| Sweden | ljust kalvkött |
| United Kingdom | Veal |

1.

The meat of bovine animals aged 12 months or less shall only be marketed in the Member States under the following sales description(s) laid down for each Member State:

(A)

For the meat of bovine animals aged 8 months or less [(Category identification letter: V)]:

Country of marketing

Sales descriptions to be used

Belgium

veau, viande de veau/kalfsvlees/Kalbfleisch

Bulgaria

месо от малки телета

Czech Republic

Telecí

Denmark

Lyst kalvekød

Germany

Kalbfleisch

Estonia

Vasikaliha

Greece

μοσχάρι γάλακτος

Spain

Ternera blanca, carne de ternera blanca

France

veau, viande de veau

Ireland

Veal

Italy

vitello, carne di vitello

Cyprus

μοσχάρι γάλακτος

Latvia

Teļa gaļa

Lithuania

Veršiena

Luxembourg

veau, viande de veau/Kalbfleisch

Hungary

Borjúhús

Malta

Vitella

Netherlands

Kalfsvlees

Austria

Kalbfleisch

Poland

Cielęcina

Portugal

Vitela

Romania

carne de vițel

Slovenia

Teletina

Slovakia

Teľacie mäso

Finland

vaalea vasikanliha/ljust kalvkött

Sweden

ljust kalvkött

United Kingdom

Veal

| (B) | For the meat of bovine animals aged more than 8 months but not more than 12 months [(Category identification letter: Z)]:








  Country of marketing | Sales descriptions to be used |
| --- | --- | --- |
| Belgium | jeune bovin, viande de jeune bovin/jongrundvlees/Jungrindfleisch |
| Bulgaria | Телешко месо |
| Czech Republic | hovězí maso z mladého skotu |
| Denmark | Kalvekød |
| Germany | Jungrindfleisch |
| Estonia | noorloomaliha |
| Greece | νεαρό μοσχάρι |
| Spain | Ternera, carne de ternera |
| France | jeune bovin, viande de jeune bovin |
| Ireland | rosé veal |
| Italy | vitellone, carne di vitellone |
| Cyprus | νεαρό μοσχάρι |
| Latvia | jaunlopa gaļa |
| Lithuania | Jautiena |
| Luxembourg | jeune bovin, viande de jeune bovin/Jungrindfleisch |
| Hungary | Növendék marha húsa |
| Malta | Vitellun |
| Netherlands | rosé kalfsvlees |
| Austria | Jungrindfleisch |
| Poland | młoda wołowina |
| Portugal | Vitelão |
| Romania | carne de tineret bovin |
| Slovenia | meso težjih telet |
| Slovakia | mäso z mladého dobytka |
| Finland | vasikanliha/kalvkött |
| Sweden | Kalvkött |
| United Kingdom | Beef |

(B)

For the meat of bovine animals aged more than 8 months but not more than 12 months [(Category identification letter: Z)]:

Country of marketing

Sales descriptions to be used

Belgium

jeune bovin, viande de jeune bovin/jongrundvlees/Jungrindfleisch

Bulgaria

Телешко месо

Czech Republic

hovězí maso z mladého skotu

Denmark

Kalvekød

Germany

Jungrindfleisch

Estonia

noorloomaliha

Greece

νεαρό μοσχάρι

Spain

Ternera, carne de ternera

France

jeune bovin, viande de jeune bovin

Ireland

rosé veal

Italy

vitellone, carne di vitellone

Cyprus

νεαρό μοσχάρι

Latvia

jaunlopa gaļa

Lithuania

Jautiena

Luxembourg

jeune bovin, viande de jeune bovin/Jungrindfleisch

Hungary

Növendék marha húsa

Malta

Vitellun

Netherlands

rosé kalfsvlees

Austria

Jungrindfleisch

Poland

młoda wołowina

Portugal

Vitelão

Romania

carne de tineret bovin

Slovenia

meso težjih telet

Slovakia

mäso z mladého dobytka

Finland

vasikanliha/kalvkött

Sweden

Kalvkött

United Kingdom

Beef

| 2. | The sales descriptions referred to in point 1 may be supplemented by an indication of the name or designation of the pieces of meat or offal concerned. |
| --- | --- |

2.

The sales descriptions referred to in point 1 may be supplemented by an indication of the name or designation of the pieces of meat or offal concerned.

| 3. | The sales descriptions listed for category V in point A of the table set-out in point 1 and any new name derived from those sales descriptions shall only be used if the requirements of this Annex are met.
  In particular, the terms “veau”, “telecí”, “Kalb”, “μοσχάρι”, “ternera”, “kalv”, “veal”, “vitello”, “vitella”, “kalf”, “vitela” and “teletina” shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months. |
| --- | --- |

3.

The sales descriptions listed for category V in point A of the table set-out in point 1 and any new name derived from those sales descriptions shall only be used if the requirements of this Annex are met.

In particular, the terms “veau”, “telecí”, “Kalb”, “μοσχάρι”, “ternera”, “kalv”, “veal”, “vitello”, “vitella”, “kalf”, “vitela” and “teletina” shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months.

| 4. | The conditions referred to in 1 shall not apply to the meat of bovine animals for which a protected designation of origin or geographical indication has been registered in accordance with Regulation (EC) No 510/2006, before 29 June 2007. |
| --- | --- |

4.

The conditions referred to in 1 shall not apply to the meat of bovine animals for which a protected designation of origin or geographical indication has been registered in accordance with Regulation (EC) No 510/2006, before 29 June 2007.

Part II.   Grapevine products

(1)   Wine

Wine shall be the product obtained exclusively from the total or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must.

Wine shall:

| (a) | have, whether or not following application of the processes specified in Section B of Part I of Annex XIII, an actual alcoholic strength of not less than 8,5 % volume provided that the wine derives exclusively from grapes harvested in wine-growing zones A and B referred to in the Appendix to this Annex, and of not less than 9 % volume in other wine-growing zones; |
| --- | --- |

(a)

have, whether or not following application of the processes specified in Section B of Part I of Annex XIII, an actual alcoholic strength of not less than 8,5 % volume provided that the wine derives exclusively from grapes harvested in wine-growing zones A and B referred to in the Appendix to this Annex, and of not less than 9 % volume in other wine-growing zones;

| (b) | have, by way of derogation from the otherwise applicable minimum actual alcoholic strength, where it has a protected designation of origin or a protected geographical indication, whether or not following application of the processes specified in Section B of Part I of Annex XIII, an actual alcoholic strength of not less than 4,5 % volume; |
| --- | --- |

(b)

have, by way of derogation from the otherwise applicable minimum actual alcoholic strength, where it has a protected designation of origin or a protected geographical indication, whether or not following application of the processes specified in Section B of Part I of Annex XIII, an actual alcoholic strength of not less than 4,5 % volume;

| (c) | have a total alcoholic strength of not more than 15 % volume. However, by way of derogation:






  — | the upper limit for the total alcoholic strength may reach up to 20 % volume for wines which have been produced without any enrichment from certain wine-growing areas of the Union, to be determined by the Commission by means of delegated acts pursuant to Article 162(1), |
| --- | --- | --- |

(c)

have a total alcoholic strength of not more than 15 % volume. However, by way of derogation:

—

the upper limit for the total alcoholic strength may reach up to 20 % volume for wines which have been produced without any enrichment from certain wine-growing areas of the Union, to be determined by the Commission by means of delegated acts pursuant to Article 162(1),

| — | the upper limit for the total alcoholic strength may exceed 15 % volume for wines with a protected designation of origin which have been produced without enrichment; |
| --- | --- |

—

the upper limit for the total alcoholic strength may exceed 15 % volume for wines with a protected designation of origin which have been produced without enrichment;

| (d) | have, subject to derogations which may be adopted by the Commission by means of delegated acts pursuant to Article 162(1), a total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents per litre. |
| --- | --- |

(d)

have, subject to derogations which may be adopted by the Commission by means of delegated acts pursuant to Article 162(1), a total acidity content, expressed as tartaric acid, of not less than 3,5 grams per litre or 46,6 milliequivalents per litre.

“Retsina” shall be wine produced exclusively in the geographical territory of Greece using grape must treated with resin from the Aleppo pine. The use of Aleppo pine resin is permitted solely for the purpose of obtaining “Retsina” wine under the conditions laid down in Greece’s applicable provision.

By way of derogation from point (b) “Tokaji eszencia” and “Tokajská esencia” are considered wine.

However, notwithstanding Article 163(2), Member States may allow the use of the term “wine” if:

| (a) | it is accompanied by the name of a fruit in the form of a composite name to market products obtained by the fermentation of fruit other than grapes; or |
| --- | --- |

(a)

it is accompanied by the name of a fruit in the form of a composite name to market products obtained by the fermentation of fruit other than grapes; or

| (b) | it is part of a composite name. |
| --- | --- |

(b)

it is part of a composite name.

Any confusion with products corresponding to the wine categories in this Annex shall be avoided.

(2)   New wine still in fermentation

New wine still in fermentation shall be the product in which the alcoholic fermentation is not yet complete and which is not yet separated from its lees.

(3)   Liqueur wine

Liqueur wine shall be the product:

| (a) | which has an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume; |
| --- | --- |

(a)

which has an actual alcoholic strength of not less than 15 % volume and not more than 22 % volume;

| (b) | which has a total alcoholic strength of not less than 17,5 % volume, except for certain liqueur wines with a designation of origin or with a geographical indication appearing on a list to be drawn up by the Commission by means of delegated acts pursuant to Article 162(1); |
| --- | --- |

(b)

which has a total alcoholic strength of not less than 17,5 % volume, except for certain liqueur wines with a designation of origin or with a geographical indication appearing on a list to be drawn up by the Commission by means of delegated acts pursuant to Article 162(1);

| (c) | which is obtained from:






  — | grape must in fermentation, |
| --- | --- | --- |

(c)

which is obtained from:

—

grape must in fermentation,

| — | wine, |
| --- | --- |

—

wine,

| — | a combination of the above products, or |
| --- | --- |

—

a combination of the above products, or

| — | grape must or a mixture thereof with wine for certain liqueur wines with a protected designation of origin or a protected geographical indication, to be determined by the Commission by means of delegated acts pursuant to Article 162(1); |
| --- | --- |

—

grape must or a mixture thereof with wine for certain liqueur wines with a protected designation of origin or a protected geographical indication, to be determined by the Commission by means of delegated acts pursuant to Article 162(1);

| (d) | which has an initial natural alcoholic strength of not less than 12 % volume except for certain liqueur wines with a protected designation of origin or a protected geographical indication appearing on a list to be drawn up by the Commission by means of delegated acts pursuant to Article 162(1); |
| --- | --- |

(d)

which has an initial natural alcoholic strength of not less than 12 % volume except for certain liqueur wines with a protected designation of origin or a protected geographical indication appearing on a list to be drawn up by the Commission by means of delegated acts pursuant to Article 162(1);

| (e) | to which the following has been added:






  (i) | individually or in combination:






  — | neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume, |
| --- | --- | --- | --- |

(e)

to which the following has been added:

(i)

individually or in combination:

—

neutral alcohol of vine origin, including alcohol produced from the distillation of dried grapes, having an actual alcoholic strength of not less than 96 % volume,

| — | wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume; |
| --- | --- |

—

wine or dried grape distillate, having an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume;

| (ii) | together with one or more of the following products where appropriate:






  — | concentrated grape must, |
| --- | --- | --- |

(ii)

together with one or more of the following products where appropriate:

—

concentrated grape must,

| — | a combination of one of the products referred to in point (e)(i) with a grape must referred to in the first and fourth indent of point (c); |
| --- | --- |

—

a combination of one of the products referred to in point (e)(i) with a grape must referred to in the first and fourth indent of point (c);

| (f) | to which, by way of derogation from point (e), has been added, in so far as certain liqueur wines with a protected designation of origin or a protected geographical indication are concerned which appear on a list to be drawn up by the Commission by means of delegated acts pursuant to Article 162(1):






  (i) | either of products listed in point (e)(i) individually or in combination; or |
| --- | --- | --- |

(f)

to which, by way of derogation from point (e), has been added, in so far as certain liqueur wines with a protected designation of origin or a protected geographical indication are concerned which appear on a list to be drawn up by the Commission by means of delegated acts pursuant to Article 162(1):

(i)

either of products listed in point (e)(i) individually or in combination; or

| (ii) | one or more of the following products:






  — | wine alcohol or dried grape alcohol with an actual alcoholic strength of not less than 95 % volume and not more than 96 % volume, |
| --- | --- | --- |

(ii)

one or more of the following products:

—

wine alcohol or dried grape alcohol with an actual alcoholic strength of not less than 95 % volume and not more than 96 % volume,

| — | spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume, |
| --- | --- |

—

spirits distilled from wine or from grape marc, with an actual alcoholic strength of not less than 52 % volume and not more than 86 % volume,

| — | spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % volume and of less than 94,5 % volume; and |
| --- | --- |

—

spirits distilled from dried grapes, with an actual alcoholic strength of not less than 52 % volume and of less than 94,5 % volume; and

| (iii) | one or more of the following products, where appropriate:






  — | partially fermented grape must obtained from raisined grapes, |
| --- | --- | --- |

(iii)

one or more of the following products, where appropriate:

—

partially fermented grape must obtained from raisined grapes,

| — | concentrated grape must obtained by the action of direct heat, complying, with the exception of this operation, with the definition of concentrated grape must, |
| --- | --- |

—

concentrated grape must obtained by the action of direct heat, complying, with the exception of this operation, with the definition of concentrated grape must,

| — | concentrated grape must, |
| --- | --- |

—

concentrated grape must,

| — | a combination of one of the products listed in point (f)(ii) with a grape must referred to in the first and fourth indents of point (c). |
| --- | --- |

—

a combination of one of the products listed in point (f)(ii) with a grape must referred to in the first and fourth indents of point (c).

(4)   Sparkling wine

Sparkling wine shall be the product:

| (a) | which is obtained by first or second alcoholic fermentation:






  — | from fresh grapes, |
| --- | --- | --- |

(a)

which is obtained by first or second alcoholic fermentation:

—

from fresh grapes,

| — | from grape must, or, |
| --- | --- |

—

from grape must, or,

| — | from wine; |
| --- | --- |

—

from wine;

| (b) | which, when the container is opened, releases carbon dioxide derived exclusively from fermentation; |
| --- | --- |

(b)

which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;

| (c) | which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers; and |
| --- | --- |

(c)

which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers; and

| (d) | for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 % volume. |
| --- | --- |

(d)

for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 8,5 % volume.

(5)   Quality sparkling wine

Quality sparkling wine shall be the product:

| (a) | which is obtained by first or second alcoholic fermentation:






  — | from fresh grapes, |
| --- | --- | --- |

(a)

which is obtained by first or second alcoholic fermentation:

—

from fresh grapes,

| — | from grape must, or |
| --- | --- |

—

from grape must, or

| — | from wine; |
| --- | --- |

—

from wine;

| (b) | which, when the container is opened, releases carbon dioxide derived exclusively from fermentation; |
| --- | --- |

(b)

which, when the container is opened, releases carbon dioxide derived exclusively from fermentation;

| (c) | which has an excess pressure, due to carbon dioxide in solution, of not less than 3,5 bar when kept at a temperature of 20 °C in closed containers; and |
| --- | --- |

(c)

which has an excess pressure, due to carbon dioxide in solution, of not less than 3,5 bar when kept at a temperature of 20 °C in closed containers; and

| (d) | for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 % volume. |
| --- | --- |

(d)

for which the total alcoholic strength of the cuvées intended for their preparation shall not be less than 9 % volume.

(6)   Quality aromatic sparkling wine

Quality aromatic sparkling wines shall be the quality sparkling wine:

| (a) | which is obtained only by making use, when constituting the cuvée, of grape must or grape must in fermentation which is derived from specific wine grape varieties on a list to be drawn up by the Commission by means of delegated acts pursuant to Article 162(1).
  Quality aromatic sparkling wines traditionally produced using wines when constituting the cuvée, shall be determined by the Commission by means of delegated acts pursuant to in Article 162(1); |
| --- | --- |

(a)

which is obtained only by making use, when constituting the cuvée, of grape must or grape must in fermentation which is derived from specific wine grape varieties on a list to be drawn up by the Commission by means of delegated acts pursuant to Article 162(1).

Quality aromatic sparkling wines traditionally produced using wines when constituting the cuvée, shall be determined by the Commission by means of delegated acts pursuant to in Article 162(1);

| (b) | which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers; |
| --- | --- |

(b)

which has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers;

| (c) | of which the actual alcoholic strength may not be less than 6 % volume; and |
| --- | --- |

(c)

of which the actual alcoholic strength may not be less than 6 % volume; and

| (d) | of which the total alcoholic strength may not be less than 10 % volume. |
| --- | --- |

(d)

of which the total alcoholic strength may not be less than 10 % volume.

(7)   Aerated sparkling wine

Aerated sparkling wine shall be the product which:

| (a) | is obtained from wine without a protected designation of origin or a protected geographical indication; |
| --- | --- |

(a)

is obtained from wine without a protected designation of origin or a protected geographical indication;

| (b) | releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas; and |
| --- | --- |

(b)

releases, when the container is opened, carbon dioxide derived wholly or partially from an addition of that gas; and

| (c) | has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers. |
| --- | --- |

(c)

has an excess pressure, due to carbon dioxide in solution, of not less than 3 bar when kept at a temperature of 20 °C in closed containers.

(8)   Semi-sparkling wine

Semi-sparkling wine shall be the product which:

| (a) | is obtained from wine provided that such wine has a total alcoholic strength of not less than 9 % volume; |
| --- | --- |

(a)

is obtained from wine provided that such wine has a total alcoholic strength of not less than 9 % volume;

| (b) | has an actual alcoholic strength of not less than 7 % volume; |
| --- | --- |

(b)

has an actual alcoholic strength of not less than 7 % volume;

| (c) | has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in closed containers; and |
| --- | --- |

(c)

has an excess pressure, due to endogenous carbon dioxide in solution of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in closed containers; and

| (d) | is placed in containers of 60 litres or less. |
| --- | --- |

(d)

is placed in containers of 60 litres or less.

(9)   Aerated semi-sparkling wine

Aerated semi-sparkling wine shall be the product which:

| (a) | is obtained from wine; |
| --- | --- |

(a)

is obtained from wine;

| (b) | has an actual alcoholic strength of not less than 7 % volume and a total alcoholic strength of not less than 9 % volume; |
| --- | --- |

(b)

has an actual alcoholic strength of not less than 7 % volume and a total alcoholic strength of not less than 9 % volume;

| (c) | has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in closed containers due to carbon dioxide in solution which has been wholly or partially added; and |
| --- | --- |

(c)

has an excess pressure of not less than 1 bar and not more than 2,5 bar when kept at a temperature of 20 °C in closed containers due to carbon dioxide in solution which has been wholly or partially added; and

| (d) | is placed in containers of 60 litres or less. |
| --- | --- |

(d)

is placed in containers of 60 litres or less.

(10)   Grape must

Grape must shall be the liquid product obtained naturally or by physical processes from fresh grapes. An actual alcoholic strength of the grape must of not more than 1 % volume is permissible.

(11)   Partially fermented grape must

Grape must in fermentation shall be the product obtained from the fermentation of grape must which has an actual alcoholic strength of more than 1 % volume but less than three fifths of its total alcoholic strength by volume.

(12)   Partially fermented grape must extracted from raisined grapes

Grape must in fermentation extracted from raisined grapes shall be the product obtained from the partial fermentation of grape must obtained from raisined grapes, the total sugar content of which before fermentation is at least 272 grams per litre and the natural and actual alcoholic strength of which shall not be less than 8 % volume. However, certain wines, to be determined by the Commission by means of delegated acts pursuant to Article 162(1), that meet these requirements shall not be considered as grape must in fermentation extracted from raisined grapes.

(13)   Concentrated grape must

Concentrated grape must shall be uncaramelised grape must which is obtained by partial dehydration of grape must carried out by any authorised method other than by direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with the third sub-paragraph of Article 165(1) and Article 172(d) at a temperature of 20 °C is not less than 50,9 %.

An actual alcoholic strength of the concentrated grape must of not more than 1 % volume is permissible.

(14)   Rectified concentrated grape must

Rectified concentrated grape must shall be the liquid uncaramelised product which:

| (a) | is obtained by partial dehydration of grape must carried out by any authorised method other than direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with the third sub-paragraph of Article 165(1) and Article 172(d) at a temperature of 20 °C is not less than 61,7 %; |
| --- | --- |

(a)

is obtained by partial dehydration of grape must carried out by any authorised method other than direct heat in such a way that the figure indicated by a refractometer used in accordance with a method to be prescribed in accordance with the third sub-paragraph of Article 165(1) and Article 172(d) at a temperature of 20 °C is not less than 61,7 %;

| (b) | has undergone authorised treatment for de-acidification and elimination of constituents other than sugar; |
| --- | --- |

(b)

has undergone authorised treatment for de-acidification and elimination of constituents other than sugar;

| (c) | has the following characteristics:






  — | a pH of not more than 5 at 25 Brix, |
| --- | --- | --- |

(c)

has the following characteristics:

—

a pH of not more than 5 at 25 Brix,

| — | an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated at 25 Brix, |
| --- | --- |

—

an optical density at 425 nm for a thickness of 1 cm of not more than 0,100 in grape must concentrated at 25 Brix,

| — | a sucrose content undetectable by a method of analysis to be defined, |
| --- | --- |

—

a sucrose content undetectable by a method of analysis to be defined,

| — | a Folin-Ciocalteu index of not more than 6,00 at 25 Brix, |
| --- | --- |

—

a Folin-Ciocalteu index of not more than 6,00 at 25 Brix,

| — | a titratable acidity of not more than 15 milliequivalents per kilogram of total sugars, |
| --- | --- |

—

a titratable acidity of not more than 15 milliequivalents per kilogram of total sugars,

| — | a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars, |
| --- | --- |

—

a sulphur dioxide content of not more than 25 milligrams per kilogram of total sugars,

| — | a total cation content of not more than 8 milliequivalents per kilogram of total sugars, |
| --- | --- |

—

a total cation content of not more than 8 milliequivalents per kilogram of total sugars,

| — | a conductivity at 25 Brix and 20 °C of not more than 120 micro-Siemens/cm, |
| --- | --- |

—

a conductivity at 25 Brix and 20 °C of not more than 120 micro-Siemens/cm,

| — | a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars, |
| --- | --- |

—

a hydroxymethylfurfural content of not more than 25 milligrams per kilogram of total sugars,

| — | presence of mesoinositol. |
| --- | --- |

—

presence of mesoinositol.

An actual alcoholic strength of the rectified concentrated grape must of not more than 1 % volume is permissible.

(15)   Wine from raisined grapes

Wine from raisined grapes shall be the product which:

| (a) | is produced without enrichment, from grapes left in the sun or shade for partial dehydration; |
| --- | --- |

(a)

is produced without enrichment, from grapes left in the sun or shade for partial dehydration;

| (b) | has a total alcoholic strength of at least 16 % volume and an actual alcoholic strength of at least 9 % volume; and |
| --- | --- |

(b)

has a total alcoholic strength of at least 16 % volume and an actual alcoholic strength of at least 9 % volume; and

| (c) | has a natural alcoholic strength of a least 16 % volume (or 272 grams sugar/litre). |
| --- | --- |

(c)

has a natural alcoholic strength of a least 16 % volume (or 272 grams sugar/litre).

(16)   Wine of overripe grapes

Wine of overripe grapes shall be the product which:

| (a) | is produced without enrichment; |
| --- | --- |

(a)

is produced without enrichment;

| (b) | has a natural alcoholic strength of more than 15 % volume; and |
| --- | --- |

(b)

has a natural alcoholic strength of more than 15 % volume; and

| (c) | has a total alcoholic strength of not less than 15 % volume and an actual alcoholic strength of not less than 12 % volume. |
| --- | --- |

(c)

has a total alcoholic strength of not less than 15 % volume and an actual alcoholic strength of not less than 12 % volume.

Member States may prescribe a period of ageing for this product.

(17)   Wine vinegar

Wine vinegar shall be vinegar which:

| (a) | is obtained exclusively by acetous fermentation of wine; and |
| --- | --- |

(a)

is obtained exclusively by acetous fermentation of wine; and

| (b) | has a total acidity of not less than 60 grams per litre expressed as acetic acid. |
| --- | --- |

(b)

has a total acidity of not less than 60 grams per litre expressed as acetic acid.

Part III.   Milk and milk products

| 1. | The term 'milk' means exclusively the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom.
  However, the term 'milk' may be used:






  (a) | for milk treated without altering its composition or for milk the fat content of which is standardised under Part IV of this Annex; |
| --- | --- | --- |

1.

The term 'milk' means exclusively the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom.

However, the term 'milk' may be used:

(a)

for milk treated without altering its composition or for milk the fat content of which is standardised under Part IV of this Annex;

| (b) | in association with a word or words to designate the type, grade, origin and/or intended use of such milk or to describe the physical treatment or the modification in composition to which it has been subjected, provided that the modification is restricted to an addition and/or withdrawal of natural milk constituents. |
| --- | --- |

(b)

in association with a word or words to designate the type, grade, origin and/or intended use of such milk or to describe the physical treatment or the modification in composition to which it has been subjected, provided that the modification is restricted to an addition and/or withdrawal of natural milk constituents.

| 2. | For the purposes of this Part, 'milk products' means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent.
  The following shall be reserved exclusively for milk products.






  (a) | the following names used at all stages of marketing:






  (i) | whey, |
| --- | --- | --- | --- |

2.

For the purposes of this Part, 'milk products' means products derived exclusively from milk, on the understanding that substances necessary for their manufacture may be added provided that those substances are not used for the purpose of replacing, in whole or in part, any milk constituent.

The following shall be reserved exclusively for milk products.

(a)

the following names used at all stages of marketing:

(i)

whey,

| (ii) | cream, |
| --- | --- |

(ii)

cream,

| (iii) | butter, |
| --- | --- |

(iii)

butter,

| (iv) | buttermilk, |
| --- | --- |

(iv)

buttermilk,

| (v) | butteroil, |
| --- | --- |

(v)

butteroil,

| (vi) | caseins, |
| --- | --- |

(vi)

caseins,

| (vii) | anhydrous milkfat (AMF), |
| --- | --- |

(vii)

anhydrous milkfat (AMF),

| (viii) | cheese, |
| --- | --- |

(viii)

cheese,

| (ix) | yogurt, |
| --- | --- |

(ix)

yogurt,

| (x) | kephir, |
| --- | --- |

(x)

kephir,

| (xi) | koumiss, |
| --- | --- |

(xi)

koumiss,

| (xii) | viili/fil, |
| --- | --- |

(xii)

viili/fil,

| (xiii) | smetana, |
| --- | --- |

(xiii)

smetana,

| (xiv) | fil; |
| --- | --- |

(xiv)

fil;

| (b) | names within the meaning of Article 5 of Directive 2000/13/EC actually used for milk products. |
| --- | --- |

(b)

names within the meaning of Article 5 of Directive 2000/13/EC actually used for milk products.

| 3. | The term ‘milk’ and the designations used for milk products may also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product. |
| --- | --- |

3.

The term ‘milk’ and the designations used for milk products may also be used in association with a word or words to designate composite products of which no part takes or is intended to take the place of any milk constituent and of which milk or a milk product is an essential part either in terms of quantity or for characterisation of the product.

| 4. | The origin of milk and milk products to be defined by the Commission shall be stated if it is not bovine. |
| --- | --- |

4.

The origin of milk and milk products to be defined by the Commission shall be stated if it is not bovine.

| 5. | The designations referred to in points 1, 2 and 3 of this Part may not be used for any product other than those referred to in that point.
  However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product. |
| --- | --- |

5.

The designations referred to in points 1, 2 and 3 of this Part may not be used for any product other than those referred to in that point.

However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product.

| 6. | In respect of a product other than those described in points 1, 2 and 3 of this Part, no label, commercial document, publicity material or any form of advertising as defined in Article 2 of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (1) or any form of presentation, may be used which claims, implies or suggests that the product is a dairy product.
  However, in respect of a product which contains milk or milk products, the designation ‘milk’ or the designations referred to in the second subparagraph of points 2 of this Part may be used only to describe the basic raw materials and to list the ingredients in accordance with Directive 2000/13/EC. |
| --- | --- |

6.

In respect of a product other than those described in points 1, 2 and 3 of this Part, no label, commercial document, publicity material or any form of advertising as defined in Article 2 of Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising (1) or any form of presentation, may be used which claims, implies or suggests that the product is a dairy product.

However, in respect of a product which contains milk or milk products, the designation ‘milk’ or the designations referred to in the second subparagraph of points 2 of this Part may be used only to describe the basic raw materials and to list the ingredients in accordance with Directive 2000/13/EC.

Part IV.   Milk for human consumption falling within CN code 0401

I.   Definitions

For the purposes of this Part:

| (a) | ‘milk’ means the produce of the milking of one or more cows; |
| --- | --- |

(a)

‘milk’ means the produce of the milking of one or more cows;

| (b) | ‘drinking milk’ means the products referred to in point III intended for delivery without further processing to the consumer; |
| --- | --- |

(b)

‘drinking milk’ means the products referred to in point III intended for delivery without further processing to the consumer;

| (c) | ‘fat content’ means the ratio by mass of parts of milk fat per hundred parts of milk in the milk concerned; |
| --- | --- |

(c)

‘fat content’ means the ratio by mass of parts of milk fat per hundred parts of milk in the milk concerned;

| (d) | ‘protein content’ means the ratio by mass of parts of protein per hundred parts of milk in the milk concerned (obtained by multiplying by 6,38 the total nitrogen content of the milk expressed as a percentage by mass). |
| --- | --- |

(d)

‘protein content’ means the ratio by mass of parts of protein per hundred parts of milk in the milk concerned (obtained by multiplying by 6,38 the total nitrogen content of the milk expressed as a percentage by mass).

II.   Delivery or sale to the final consumer

| (1) | Only milk complying with the requirements laid down for drinking milk may be delivered or sold without processing to the final consumer, either directly or through the intermediary of restaurants, hospitals, canteens or other similar mass caterers. |
| --- | --- |

(1)

Only milk complying with the requirements laid down for drinking milk may be delivered or sold without processing to the final consumer, either directly or through the intermediary of restaurants, hospitals, canteens or other similar mass caterers.

| (2) | The sales descriptions to be used for those products shall be those given in point III of this Part. Those descriptions shall be used only for the products referred to in that point, without prejudice to their use in composite descriptions. |
| --- | --- |

(2)

The sales descriptions to be used for those products shall be those given in point III of this Part. Those descriptions shall be used only for the products referred to in that point, without prejudice to their use in composite descriptions.

| (3) | Member States shall adopt measures to inform consumers of the nature and composition of the products concerned where the absence of such information is likely to cause confusion. |
| --- | --- |

(3)

Member States shall adopt measures to inform consumers of the nature and composition of the products concerned where the absence of such information is likely to cause confusion.

III.   Drinking milk

| 1. | The following products shall be considered as drinking milk:






  (a) | raw milk: milk which has not been heated above 40 °C or subjected to treatment having equivalent effect; |
| --- | --- | --- |

1.

The following products shall be considered as drinking milk:

(a)

raw milk: milk which has not been heated above 40 °C or subjected to treatment having equivalent effect;

| (b) | whole milk: heat-treated milk which, with respect to fat content, meets one of the following requirements:






  (i) | standardised whole milk: milk with a fat content of at least 3,50 % (m/m). However, Member States may provide for an additional category of whole milk with a fat content of 4,00 % (m/m) or above; |
| --- | --- | --- |

(b)

whole milk: heat-treated milk which, with respect to fat content, meets one of the following requirements:

(i)

standardised whole milk: milk with a fat content of at least 3,50 % (m/m). However, Member States may provide for an additional category of whole milk with a fat content of 4,00 % (m/m) or above;

| (ii) | non-standardised whole milk: milk with a fat content that has not been altered since the milking stage either by the addition or removal of milk fats or by mixture with milk the natural fat content of which has been altered. However, the fat content may not be less than 3,50 % (m/m); |
| --- | --- |

(ii)

non-standardised whole milk: milk with a fat content that has not been altered since the milking stage either by the addition or removal of milk fats or by mixture with milk the natural fat content of which has been altered. However, the fat content may not be less than 3,50 % (m/m);

| (c) | semi-skimmed milk: heat-treated milk whose fat content has been reduced to at least 1,50 % (m/m) and at most 1,80 % (m/m); |
| --- | --- |

(c)

semi-skimmed milk: heat-treated milk whose fat content has been reduced to at least 1,50 % (m/m) and at most 1,80 % (m/m);

| (d) | skimmed-milk: heat-treated milk whose fat content has been reduced to not more than 0,50 % (m/m). |
| --- | --- |

(d)

skimmed-milk: heat-treated milk whose fat content has been reduced to not more than 0,50 % (m/m).

Heat-treated milk not complying with the fat content requirements laid down in points (b), (c) and (d) of the first subparagraph shall be considered drinking milk provided that the fat content is clearly indicated with one decimal and easily readable on the packaging in form of “... % fat”. Such milk shall not be described as whole milk, semi-skimmed milk or skimmed milk.

| 2. | Without prejudice to point 1(b)(ii), only the following modifications shall be allowed:






  (a) | in order to meet the fat contents laid down for drinking milk, modification of the natural fat content by the removal or addition of cream or the addition of whole milk, semi-skimmed milk or skimmed milk; |
| --- | --- | --- |

2.

Without prejudice to point 1(b)(ii), only the following modifications shall be allowed:

(a)

in order to meet the fat contents laid down for drinking milk, modification of the natural fat content by the removal or addition of cream or the addition of whole milk, semi-skimmed milk or skimmed milk;

| (b) | enrichment of milk with milk proteins, mineral salts or vitamins; |
| --- | --- |

(b)

enrichment of milk with milk proteins, mineral salts or vitamins;

| (c) | reduction of the lactose content by conversion to glucose and galactose. |
| --- | --- |

(c)

reduction of the lactose content by conversion to glucose and galactose.

Modifications in the composition of milk referred to in points (b) and (c) shall be allowed only if they are indelibly indicated on the packing of the product so that it can be easily seen and read. However, such indication shall not remove the obligation as regards nutrition labelling laid down by Council Directive 90/496/EEC (2). Where proteins are added, the protein content of the enriched milk must be 3,8 % (m/m) or more.

However, Member States may limit or prohibit modifications to the composition of milk referred to in points (b) and (c).

| 3. | Drinking milk shall:






  (a) | have a freezing point close to the average freezing point for raw milk recorded in the area of origin of the drinking milk collected; |
| --- | --- | --- |

3.

Drinking milk shall:

(a)

have a freezing point close to the average freezing point for raw milk recorded in the area of origin of the drinking milk collected;

| (b) | have a mass of not less than 1 028 grams per litre for milk containing 3,5 % (m/m) of fat at a temperature of 20 °C or the equivalent weight per litre for milk having a different fat content; |
| --- | --- |

(b)

have a mass of not less than 1 028 grams per litre for milk containing 3,5 % (m/m) of fat at a temperature of 20 °C or the equivalent weight per litre for milk having a different fat content;

| (c) | contain a minimum of 2,9 % (m/m) of protein for milk containing 3,5 % (m/m) of fat or an equivalent concentration in the case of milk having a different fat content. |
| --- | --- |

(c)

contain a minimum of 2,9 % (m/m) of protein for milk containing 3,5 % (m/m) of fat or an equivalent concentration in the case of milk having a different fat content.

Part V.   Products of the poultrymeat sector

I   This Part of this Annex shall apply in relation to the marketing within the Union by way of business or trade, of certain types and presentations of poultrymeat, and poultrymeat or poultry offal preparations and products, of the following species

| — | Gallus domesticus, |
| --- | --- |

—

Gallus domesticus,

| — | ducks, |
| --- | --- |

—

ducks,

| — | geese, |
| --- | --- |

—

geese,

| — | turkeys, |
| --- | --- |

—

turkeys,

| — | guinea fowls. |
| --- | --- |

—

guinea fowls.

These provisions shall also apply to poultrymeat in brine falling within CN code 0210 99 39.

II   Definitions

| (1) | 'poultrymeat' means poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment; |
| --- | --- |

(1)

'poultrymeat' means poultrymeat suitable for human consumption, which has not undergone any treatment other than cold treatment;

| (2) | “fresh poultrymeat” means poultrymeat which has not been stiffened at any time by the cooling process prior to being kept at a temperature not below – 2 °C and not higher than + 4 °C. However, Member States may lay down slightly different temperature requirements for the minimum length of time necessary for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot; |
| --- | --- |

(2)

“fresh poultrymeat” means poultrymeat which has not been stiffened at any time by the cooling process prior to being kept at a temperature not below – 2 °C and not higher than + 4 °C. However, Member States may lay down slightly different temperature requirements for the minimum length of time necessary for the cutting and handling of fresh poultrymeat performed in retail shops or in premises adjacent to sales points, where the cutting and handling are performed solely for the purpose of supplying the consumer directly on the spot;

| (3) | “frozen poultrymeat” means poultrymeat which must be frozen as soon as possible within the constraints of normal slaughtering procedures and is to be kept at a temperature no higher than – 12 °C at any time |
| --- | --- |

(3)

“frozen poultrymeat” means poultrymeat which must be frozen as soon as possible within the constraints of normal slaughtering procedures and is to be kept at a temperature no higher than – 12 °C at any time

| (4) | 'quick-frozen poultrymeat' means poultrymeat which is to be kept at a temperature no higher than – 18 °C at any time within the tolerances as provided for in Council Directive 89/108/EEC (3). |
| --- | --- |

(4)

'quick-frozen poultrymeat' means poultrymeat which is to be kept at a temperature no higher than – 18 °C at any time within the tolerances as provided for in Council Directive 89/108/EEC (3).

| (5) | “poultrymeat preparation” means poultrymeat including poultrymeat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat; |
| --- | --- |

(5)

“poultrymeat preparation” means poultrymeat including poultrymeat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes insufficient to modify the internal muscle fibre structure of the meat;

| (6) | “fresh poultrymeat preparation” means a poultrymeat preparation for which fresh poultrymeat has been used.
  However, Member States may lay down slightly different temperature requirements to be applied for the minimum length of time necessary and only to the extent necessary to facilitate the cutting and handling performed in the factory during the production of fresh poultrymeat preparations; |
| --- | --- |

(6)

“fresh poultrymeat preparation” means a poultrymeat preparation for which fresh poultrymeat has been used.

However, Member States may lay down slightly different temperature requirements to be applied for the minimum length of time necessary and only to the extent necessary to facilitate the cutting and handling performed in the factory during the production of fresh poultrymeat preparations;

| (7) | “poultrymeat product” means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for which poultrymeat has been used. |
| --- | --- |

(7)

“poultrymeat product” means a meat product as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004 for which poultrymeat has been used.

Part VI.   Spreadable fats

The products referred to in Article 163 may not be supplied or transferred without processing to the ultimate consumer either directly or through restaurants, hospitals, canteens or similar establishments, unless they meet the requirements set out in the Annex.

The sales descriptions of these products shall be those specified in this Part.

The sales descriptions below shall be reserved to the products defined therein with the following CN codes and having a fat content of at least 10 % but less than 90 % by weight:

| (a) | milk fats falling within CN codes 0405 and ex 2106; |
| --- | --- |

(a)

milk fats falling within CN codes 0405 and ex 2106;

| (b) | fats falling within CN code ex 1517; |
| --- | --- |

(b)

fats falling within CN code ex 1517;

| (c) | fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106. |
| --- | --- |

(c)

fats composed of plant and/or animal products falling within CN codes ex 1517 and ex 2106.

The fat content excluding salt shall be at least two-thirds of the dry matter.

However, these sales descriptions shall only apply to products which remain solid at a temperature of 20 °C, and which are suitable for use as spreads.

These definitions shall not apply to:

| (a) | the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product; |
| --- | --- |

(a)

the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product;

| (b) | concentrated products (butter, margarine, blends) with a fat content of 90 % or more. |
| --- | --- |

(b)

concentrated products (butter, margarine, blends) with a fat content of 90 % or more.

| Fat group | Sales description | Product categories |
| --- | --- | --- |
| Definitions | Additional description of the category with an indication of the % fat content by weight |
| A.   Milk fats
  Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived exclusively from milk and/or certain milk products, for which the fat is the essential constituent of value. However, other substances necessary for their manufacture may be added, provided those substances are not used for the purpose of replacing, either in whole or in part, any milk constituents. | 1. | Butter |

Fat group

Sales description

Product categories

Definitions

Additional description of the category with an indication of the % fat content by weight

A.   Milk fats

Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived exclusively from milk and/or certain milk products, for which the fat is the essential constituent of value. However, other substances necessary for their manufacture may be added, provided those substances are not used for the purpose of replacing, either in whole or in part, any milk constituents.

1.

Butter

| 2. | Three-quarter fat butter (4) |
| --- | --- |

2.

Three-quarter fat butter (4)

| 3. | Half fat butter (5) |
| --- | --- |

3.

Half fat butter (5)

| 4. | Dairy spread X % |
| --- | --- |

4.

Dairy spread X %

The product with a milk-fat content of not less than 80 % but less than 90 %, a maximum water content of 16 % and a maximum dry non-fat milk-material content of 2 %.

The product with a milk-fat content of not less than 60 % but not more than 62 %.

The product with a milk-fat content of not less than 39 % but not more than 41 %.

The product with the following milk-fat contents:

| — | less than 39 %, |
| --- | --- |

—

less than 39 %,

| — | more than 41 % but less than 60 %, |
| --- | --- |

—

more than 41 % but less than 60 %,

| — | more than 62 % but less than 80 %. |
| --- | --- |

—

more than 62 % but less than 80 %.

B.   Fats

Products in the form of a solid, malleable emulsion, principally of the water-in-oil type, derived from solid and/or liquid vegetable and/or animal fats suitable for human consumption, with a milk-fat content of not more than 3 % or the fat content.

| 1. | Margarine |
| --- | --- |

1.

Margarine

| 2. | Three-quarter-fat margarine (6) |
| --- | --- |

2.

Three-quarter-fat margarine (6)

| 3. | Half-fat margarine (7) |
| --- | --- |

3.

Half-fat margarine (7)

| 4. | Fat spreads X % |
| --- | --- |

4.

Fat spreads X %

The product obtained from vegetable and/or animal fats with a fat content of not less than 80 % but less than 90 %.

The product obtained from vegetable and/or animal fats with a fat content of not less than 60 % but nor more than 62 %.

The product obtained from vegetable and/or animal fats with a fat content of not less than 39 % but not more than 41 %.

The product obtained from vegetable and/or animal fats with the following fat contents:

| — | less than 39 %, |
| --- | --- |

—

less than 39 %,

| — | more than 41 % but less than 60 %, |
| --- | --- |

—

more than 41 % but less than 60 %,

| — | more than 62 % but less than 80 %. |
| --- | --- |

—

more than 62 % but less than 80 %.

C.   Fats composed of plant and/or animal products

Products in the form of a solid, malleable emulsion principally of the water-in-oil type, derived from solid and/or liquid vegetable and/or animals fats suitable for human consumption, with a milk-fat content of between 10 % and 80 % of the fat content.

| 1. | Blend |
| --- | --- |

1.

Blend

| 2. | Three-quarter-fat blend (8) |
| --- | --- |

2.

Three-quarter-fat blend (8)

| 3. | Half-fat blend (9) |
| --- | --- |

3.

Half-fat blend (9)

| 4. | Blended spread X % |
| --- | --- |

4.

Blended spread X %

The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 80 % but less than 90 %.

The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 60 % but not more than 62 %.

The product obtained from a mixture of vegetable and/or animal fats with a fat content of not less than 39 % but not more than 41 %.

The product obtained from a mixture of vegetable and/or animal fats with the following fat contents:

| — | less than 39 %, |
| --- | --- |

—

less than 39 %,

| — | more than 41 % but less than 60 %, |
| --- | --- |

—

more than 41 % but less than 60 %,

| — | more than 62 % but less than 80 %. |
| --- | --- |

—

more than 62 % but less than 80 %.

| Note: | The milk-fat component of the products listed in this Part may be modified only by physical processes. |
| --- | --- |

Note:

The milk-fat component of the products listed in this Part may be modified only by physical processes.

Part VII.   Descriptions and definitions of olive oil and olive pomace oils

The use of the descriptions and definitions of olive oils and olive pomace oils set out in this Part shall be compulsory as regards the marketing of the products concerned within the Union and, insofar as compatible with international compulsory rules, in trade with third countries.

Only oils referred to in points 1(a) and (b), 3 and 6 of this Part may be marketed at the retail stage.

(1)   VIRGIN OLIVE OILS

Oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions that do not lead to alterations in the oil, which have not undergone any treatment other than washing, decantation, centrifugation or filtration, to the exclusion of oils obtained using solvents or using adjuvants having a chemical or biochemical action, or by re-esterification process and any mixture with oils of other kinds.

Virgin olive oils are exclusively classified and described as follows:

(a)   Extra virgin olive oil

Virgin olive oil having a maximum free acidity, in terms of oleic acid, of 0,8 g per 100 g, the other characteristics of which comply with those laid down for this category.

(b)   Virgin olive oil

Virgin olive oil having a maximum free acidity, in terms of oleic acid, of 2 g per 100 g, the other characteristics of which comply with those laid down for this category.

(c)   Lampante olive oil

Virgin olive oil having a free acidity, in terms of oleic acid, of more than 2 g per 100 g, and/or the other characteristics of which comply with those laid down for this category.

(2)   REFINED OLIVE OIL

Olive oil obtained by refining virgin olive oil, having a free acidity content expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down for this category.

(3)   OLIVE OIL — COMPOSED OF REFINED OLIVE OILS AND VIRGIN OLIVE OILS

Olive oil obtained by blending refined olive oil and virgin olive oil other than lampante olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down for this category.

(4)   CRUDE OLIVE-POMACE OIL

Oil obtained from olive pomace by treatment with solvents or by physical means or oil corresponding to lampante olive oil, except for certain specified characteristics, excluding oil obtained by means of re-esterification and mixtures with other types of oils, and the other characteristics of which comply with those laid down for this category.

(5)   REFINED OLIVE-POMACE OIL

Oil obtained by refining crude olive-pomace oil, having free acidity content expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down for this category.

(6)   OLIVE-POMACE OIL

Oil obtained by blending refined olive-pomace oil and virgin olive oil other than lampante olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down for this category.

---

(1)  OJ L 376, 27.12.2006, p. 21.

(2)  OJ L 276, 6.10.1990, p. 40.

(3)  OJ L 40, 11.2.1989, p. 34.

(4)  corresponding to ‘smør 60’ in Danish.

(5)  corresponding to ‘smør 40’ in Danish.

(6)  corresponding to ‘margarine 60’ in Danish.

(7)  corresponding to ‘margarine 60’ in Danish.

(8)  corresponding to ‘blandingsprodukt 60’ in Danish.

(9)  corresponding to ‘blandingsprodukt 40’ in Danish.

| Note: | The milk-fat component of the products listed in this Part may be modified only by physical processes. |
| --- | --- |

Note:

The milk-fat component of the products listed in this Part may be modified only by physical processes.

Wednesday 4 July 2012Appendix to Annex XII (referred to in Part II)

Wine growing zones

The wine-growing zones shall be the following:

| (1) | Wine-growing zone A comprises:






  (a) | in Germany: the areas planted with vines other than those included in point 2(a); |
| --- | --- | --- |

(1)

Wine-growing zone A comprises:

(a)

in Germany: the areas planted with vines other than those included in point 2(a);

| (b) | in Luxembourg: the Luxembourg wine-growing region; |
| --- | --- |

(b)

in Luxembourg: the Luxembourg wine-growing region;

| (c) | in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United Kingdom: the wine-growing areas of these countries; |
| --- | --- |

(c)

in Belgium, Denmark, Ireland, the Netherlands, Poland, Sweden and the United Kingdom: the wine-growing areas of these countries;

| (d) | in the Czech Republic: the wine growing region of Čechy. |
| --- | --- |

(d)

in the Czech Republic: the wine growing region of Čechy.

| (2) | Wine-growing zone B comprises:






  (a) | in Germany, the areas planted with vines in the specified region Baden; |
| --- | --- | --- |

(2)

Wine-growing zone B comprises:

(a)

in Germany, the areas planted with vines in the specified region Baden;

| (b) | in France, the areas planted with vines in the departments not mentioned in this Annex and in the following departments:






  — | in Alsace: Bas-Rhin, Haut-Rhin, |
| --- | --- | --- |

(b)

in France, the areas planted with vines in the departments not mentioned in this Annex and in the following departments:

—

in Alsace: Bas-Rhin, Haut-Rhin,

| — | in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges, |
| --- | --- |

—

in Lorraine: Meurthe-et-Moselle, Meuse, Moselle, Vosges,

| — | in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne, |
| --- | --- |

—

in Champagne: Aisne, Aube, Marne, Haute-Marne, Seine-et-Marne,

| — | in the Jura: Ain, Doubs, Jura, Haute-Saône, |
| --- | --- |

—

in the Jura: Ain, Doubs, Jura, Haute-Saône,

| — | in Savoie: Savoie, Haute-Savoie, Isère (commune de Chapareillan), |
| --- | --- |

—

in Savoie: Savoie, Haute-Savoie, Isère (commune de Chapareillan),

| — | in the Val de Loire: Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-et-Loire, Sarthe, Vendée, Vienne, and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the department of Nièvre; |
| --- | --- |

—

in the Val de Loire: Cher, Deux-Sèvres, Indre, Indre-et-Loire, Loir-et-Cher, Loire-Atlantique, Loiret, Maine-et-Loire, Sarthe, Vendée, Vienne, and the areas planted with vines in the arrondissement of Cosne-sur-Loire in the department of Nièvre;

| (c) | in Austria, the Austrian wine-growing area; |
| --- | --- |

(c)

in Austria, the Austrian wine-growing area;

| (d) | in the Czech Republic, the wine-growing region of Morava and the areas planted with vines not included in point 1(d); |
| --- | --- |

(d)

in the Czech Republic, the wine-growing region of Morava and the areas planted with vines not included in point 1(d);

| (e) | in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblast, Južnoslovenská vinohradnícka oblast, Nitrianska vinohradnícka oblast, Stredoslovenská vinohradnícka oblast, Východoslovenská vinohradnícka oblast and the wine growing areas not included in point 3(f); |
| --- | --- |

(e)

in Slovakia, the areas planted with vines in the following regions: Malokarpatská vinohradnícka oblast, Južnoslovenská vinohradnícka oblast, Nitrianska vinohradnícka oblast, Stredoslovenská vinohradnícka oblast, Východoslovenská vinohradnícka oblast and the wine growing areas not included in point 3(f);

| (f) | in Slovenia, the areas planted with vines in the following regions:






  — | in the Podravje region: Štajerska Slovenija, Prekmurje, |
| --- | --- | --- |

(f)

in Slovenia, the areas planted with vines in the following regions:

—

in the Podravje region: Štajerska Slovenija, Prekmurje,

| — | in the Posavje region: Bizeljsko Sremič, Dolenjska and Bela krajina, and the areas planted with vines in the regions not included in point 4(d); |
| --- | --- |

—

in the Posavje region: Bizeljsko Sremič, Dolenjska and Bela krajina, and the areas planted with vines in the regions not included in point 4(d);

| (g) | in Romania, in the area of Podișul Transilvaniei. |
| --- | --- |

(g)

in Romania, in the area of Podișul Transilvaniei.

| (3) | Wine-growing zone C I comprises:






  (a) | in France, areas planted with vines:






  — | in the following departments: Allier, Alpes-de-Haute-Provence, Hautes-Alpes, Alpes-Maritimes, Ariège, Aveyron, Cantal, Charente, Charente-Maritime, Corrèze, Côte-d’Or, Dordogne, Haute-Garonne, Gers, Gironde, Isère (with the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère, Nièvre (except for the arrondissement of Cosne-sur-Loire), Puy-de-Dôme, Pyrénées-Atlantiques, Hautes-Pyrénées, Rhône, Saône-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne, |
| --- | --- | --- | --- |

(3)

Wine-growing zone C I comprises:

(a)

in France, areas planted with vines:

—

in the following departments: Allier, Alpes-de-Haute-Provence, Hautes-Alpes, Alpes-Maritimes, Ariège, Aveyron, Cantal, Charente, Charente-Maritime, Corrèze, Côte-d’Or, Dordogne, Haute-Garonne, Gers, Gironde, Isère (with the exception of the commune of Chapareillan), Landes, Loire, Haute-Loire, Lot, Lot-et-Garonne, Lozère, Nièvre (except for the arrondissement of Cosne-sur-Loire), Puy-de-Dôme, Pyrénées-Atlantiques, Hautes-Pyrénées, Rhône, Saône-et-Loire, Tarn, Tarn-et-Garonne, Haute-Vienne, Yonne,

| — | in the arrondissements of Valence and Die in the department of Drôme (except for the cantons of Dieulefit, Loriol, Marsanne and Montélimar), |
| --- | --- |

—

in the arrondissements of Valence and Die in the department of Drôme (except for the cantons of Dieulefit, Loriol, Marsanne and Montélimar),

| — | in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, Coucouron, Montpezat-sous-Bauzon, Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of the department of Ardèche; |
| --- | --- |

—

in the arrondissement of Tournon, in the cantons of Antraigues, Burzet, Coucouron, Montpezat-sous-Bauzon, Privas, Saint-Etienne de Lugdarès, Saint-Pierreville, Valgorge and la Voulte-sur-Rhône of the department of Ardèche;

| (b) | in Italy, areas planted with vines in the Valle d’Aosta region and in the provinces of Sondrio, Bolzano, Trento and Belluno; |
| --- | --- |

(b)

in Italy, areas planted with vines in the Valle d’Aosta region and in the provinces of Sondrio, Bolzano, Trento and Belluno;

| (c) | in Spain, areas planted with vines in the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya; |
| --- | --- |

(c)

in Spain, areas planted with vines in the provinces of A Coruña, Asturias, Cantabria, Guipúzcoa and Vizcaya;

| (d) | in Portugal, areas planted with vines in that part of the region of Norte which corresponds to the designated wine area of ‘Vinho Verde’ as well as the “Concelhos de Bombarral, Lourinhã, Mafra e Torres Vedras” (with the exception of ‘Freguesias da Carvoeira e Dois Portos’), belonging to the ‘Região viticola da Extremadura’, |
| --- | --- |

(d)

in Portugal, areas planted with vines in that part of the region of Norte which corresponds to the designated wine area of ‘Vinho Verde’ as well as the “Concelhos de Bombarral, Lourinhã, Mafra e Torres Vedras” (with the exception of ‘Freguesias da Carvoeira e Dois Portos’), belonging to the ‘Região viticola da Extremadura’,

| (e) | in Hungary, all areas planted with vines, |
| --- | --- |

(e)

in Hungary, all areas planted with vines,

| (f) | in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblast, |
| --- | --- |

(f)

in Slovakia, areas planted with vines in the Tokajská vinohradnícka oblast,

| (g) | in Romania, areas planted with vines not included in point 2(g) or 4(f). |
| --- | --- |

(g)

in Romania, areas planted with vines not included in point 2(g) or 4(f).

| (4) | Wine-growing zone C II comprises:






  (a) | in France, areas planted with vines:






  — | in the following departments: Aude, Bouches-du-Rhône, Gard, Hérault, Pyrénées-Orientales (except for the cantons of Olette and Arles-sur-Tech), Vaucluse, |
| --- | --- | --- | --- |

(4)

Wine-growing zone C II comprises:

(a)

in France, areas planted with vines:

—

in the following departments: Aude, Bouches-du-Rhône, Gard, Hérault, Pyrénées-Orientales (except for the cantons of Olette and Arles-sur-Tech), Vaucluse,

| — | in the part of the department of Var bounded in the south by the northern limit of the communes of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime, |
| --- | --- |

—

in the part of the department of Var bounded in the south by the northern limit of the communes of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime,

| — | in the arrondissement of Nyons and the canton of Loriol-sur-Drôme in the department of Drôme, |
| --- | --- |

—

in the arrondissement of Nyons and the canton of Loriol-sur-Drôme in the department of Drôme,

| — | in those parts of the department of Ardèche not listed in point 3(a); |
| --- | --- |

—

in those parts of the department of Ardèche not listed in point 3(a);

| (b) | in Italy, areas planted with vines in the following regions: Abruzzo, Campania, Emilia-Romagna, Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except for the province of Sondrio), Marche, Molise, Piedmont, Tuscany, Umbria, Veneto (except for the province of Belluno), including the islands belonging to those regions, such as Elba and the other islands of the Tuscan archipelago, the Ponziane islands, Capri and Ischia; |
| --- | --- |

(b)

in Italy, areas planted with vines in the following regions: Abruzzo, Campania, Emilia-Romagna, Friuli-Venezia Giulia, Lazio, Liguria, Lombardy (except for the province of Sondrio), Marche, Molise, Piedmont, Tuscany, Umbria, Veneto (except for the province of Belluno), including the islands belonging to those regions, such as Elba and the other islands of the Tuscan archipelago, the Ponziane islands, Capri and Ischia;

| (c) | in Spain, areas planted with vines in the following provinces:






  — | Lugo, Orense, Pontevedra, |
| --- | --- | --- |

(c)

in Spain, areas planted with vines in the following provinces:

—

Lugo, Orense, Pontevedra,

| — | Ávila (except for the communes which correspond to the designated wine ‘comarca’ of Cebreros), Burgos, León, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora, |
| --- | --- |

—

Ávila (except for the communes which correspond to the designated wine ‘comarca’ of Cebreros), Burgos, León, Palencia, Salamanca, Segovia, Soria, Valladolid, Zamora,

| — | La Rioja, |
| --- | --- |

—

La Rioja,

| — | Álava, |
| --- | --- |

—

Álava,

| — | Navarra, |
| --- | --- |

—

Navarra,

| — | Huesca, |
| --- | --- |

—

Huesca,

| — | Barcelona, Girona, Lleida, |
| --- | --- |

—

Barcelona, Girona, Lleida,

| — | in that part of the province of Zaragoza which lies to the north of the river Ebro, |
| --- | --- |

—

in that part of the province of Zaragoza which lies to the north of the river Ebro,

| — | in those communes of the province of Tarragona included in the Penedés designation of origin, |
| --- | --- |

—

in those communes of the province of Tarragona included in the Penedés designation of origin,

| — | in that part of the province of Tarragona which corresponds to the designated wine ‘comarca’ of Conca de Barberá; |
| --- | --- |

—

in that part of the province of Tarragona which corresponds to the designated wine ‘comarca’ of Conca de Barberá;

| (d) | in Slovenia, areas planted with vines in the following regions: Brda or Goriška Brda, Vipavska dolina or Vipava, Kras and Slovenska Istra; |
| --- | --- |

(d)

in Slovenia, areas planted with vines in the following regions: Brda or Goriška Brda, Vipavska dolina or Vipava, Kras and Slovenska Istra;

| (e) | in Bulgaria, areas planted with vines in the following regions: Dunavska Ravnina (Дунавска равнина), Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина); |
| --- | --- |

(e)

in Bulgaria, areas planted with vines in the following regions: Dunavska Ravnina (Дунавска равнина), Chernomorski Rayon (Черноморски район), Rozova Dolina (Розова долина);

| (f) | in Romania, areas planted with vines in the following regions:
  Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region, including sands and other favourable regions. |
| --- | --- |

(f)

in Romania, areas planted with vines in the following regions:

Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region, including sands and other favourable regions.

| (5) | Wine-growing zone C III (a) comprises:






  (a) | in Greece, areas planted with vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina, Levkas, Akhaia, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira (Santorini); |
| --- | --- | --- |

(5)

Wine-growing zone C III (a) comprises:

(a)

in Greece, areas planted with vines in the following nomoi: Florina, Imathia, Kilkis, Grevena, Larisa, Ioannina, Levkas, Akhaia, Messinia, Arkadia, Korinthia, Iraklio, Khania, Rethimni, Samos, Lasithi and the island of Thira (Santorini);

| (b) | in Cyprus, areas planted with vines located at altitudes exceeding 600 metres; |
| --- | --- |

(b)

in Cyprus, areas planted with vines located at altitudes exceeding 600 metres;

| (c) | in Bulgaria, areas planted with vines not included in point 4(e). |
| --- | --- |

(c)

in Bulgaria, areas planted with vines not included in point 4(e).

| (6) | Wine-growing zone C III (b) comprises:






  (a) | in France, areas planted with vines:






  — | in the departments of Corsica, |
| --- | --- | --- | --- |

(6)

Wine-growing zone C III (b) comprises:

(a)

in France, areas planted with vines:

—

in the departments of Corsica,

| — | in that part of the department of Var situated between the sea and a line bounded by the communes (which are themselves included) of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime, |
| --- | --- |

—

in that part of the department of Var situated between the sea and a line bounded by the communes (which are themselves included) of Evenos, Le Beausset, Solliès-Toucas, Cuers, Puget-Ville, Collobrières, La Garde-Freinet, Plan-de-la-Tour and Sainte-Maxime,

| — | in the cantons of Olette and Arles-sur-Tech in the department of Pyrénées-Orientales; |
| --- | --- |

—

in the cantons of Olette and Arles-sur-Tech in the department of Pyrénées-Orientales;

| (b) | in Italy, areas planted with vines in the following regions: Calabria, Basilicata, Apulia, Sardinia and Sicily, including the islands belonging to those regions, such as Pantelleria and the Lipari, Egadi and Pelagian islands; |
| --- | --- |

(b)

in Italy, areas planted with vines in the following regions: Calabria, Basilicata, Apulia, Sardinia and Sicily, including the islands belonging to those regions, such as Pantelleria and the Lipari, Egadi and Pelagian islands;

| (c) | in Greece, areas planted with vines not listed in point 5(a); |
| --- | --- |

(c)

in Greece, areas planted with vines not listed in point 5(a);

| (d) | in Spain: areas planted with vines not included in points 3(c) or 4(c); |
| --- | --- |

(d)

in Spain: areas planted with vines not included in points 3(c) or 4(c);

| (e) | in Portugal, areas planted with vines in the regions not included in point 3(d); |
| --- | --- |

(e)

in Portugal, areas planted with vines in the regions not included in point 3(d);

| (f) | in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres; |
| --- | --- |

(f)

in Cyprus, areas planted with vines located at altitudes not exceeding 600 metres;

| (g) | in Malta, areas planted with vines. |
| --- | --- |

(g)

in Malta, areas planted with vines.

The demarcation of the territories covered by the administrative units referred to in this Annex is that resulting from the national provisions in force on 15 December 1981 and, for Spain, from the national provisions in force on 1 March 1986 and, for Portugal, from the national provisions in force on 1 March 1998.

Wednesday 4 July 2012ANNEX XIII

Part I

Enrichment, acidification and de-acidification in certain wine-growing zones

A.   Enrichment limits

| 1. | Where climatic conditions have made it necessary in certain winegrowing zones of the Union referred to in the Appendix to Annex XII, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from wine grape varieties classifiable according to Article 166. |
| --- | --- |

1.

Where climatic conditions have made it necessary in certain winegrowing zones of the Union referred to in the Appendix to Annex XII, the Member States concerned may allow to supplement the natural alcoholic strength by volume of fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine obtained from wine grape varieties classifiable according to Article 166.

| 2. | The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in Section B and shall not exceed the following limits:






  (a) | 3 % volume in wine-growing zone A referred to in the Appendix to Annex XII; |
| --- | --- | --- |

2.

The increase in natural alcoholic strength by volume shall be achieved by means of the oenological practices referred to in Section B and shall not exceed the following limits:

(a)

3 % volume in wine-growing zone A referred to in the Appendix to Annex XII;

| (b) | 2 % volume in wine-growing zone B referred to in the Appendix to Annex XII; |
| --- | --- |

(b)

2 % volume in wine-growing zone B referred to in the Appendix to Annex XII;

| (c) | 1,5 % volume in wine-growing zones C referred to in the Appendix to Annex XII. |
| --- | --- |

(c)

1,5 % volume in wine-growing zones C referred to in the Appendix to Annex XII.

| 3. | In years when climatic conditions have been exceptionally unfavourable, Member States may request that the limit(s) laid down in point 2 be raised by 0,5 %. In response to such a request, the Commission under the powers as referred to in Article 172 shall adopt the implementing act as soon as possible. The Commission shall endeavour to take a decision within four weeks after the request has been lodged. |
| --- | --- |

3.

In years when climatic conditions have been exceptionally unfavourable, Member States may request that the limit(s) laid down in point 2 be raised by 0,5 %. In response to such a request, the Commission under the powers as referred to in Article 172 shall adopt the implementing act as soon as possible. The Commission shall endeavour to take a decision within four weeks after the request has been lodged.

B.   Enrichment processes

| 1. | The increase in natural alcoholic strength by volume provided for in Section A shall only be effected:






  (a) | in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose, concentrated grape must or rectified concentrated grape must; |
| --- | --- | --- |

1.

The increase in natural alcoholic strength by volume provided for in Section A shall only be effected:

(a)

in respect of fresh grapes, grape must in fermentation or new wine still in fermentation, by adding sucrose, concentrated grape must or rectified concentrated grape must;

| (b) | in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or by partial concentration, including reverse osmosis; |
| --- | --- |

(b)

in respect of grape must, by adding sucrose, concentrated grape must or rectified concentrated grape must, or by partial concentration, including reverse osmosis;

| (c) | in respect of wine, by partial concentration through cooling. |
| --- | --- |

(c)

in respect of wine, by partial concentration through cooling.

| 2. | The processes referred to in point 1 shall be mutually exclusive where wine or grape must is enriched with concentrated grape must or rectified concentrated grape must and an aid has been paid under Article 103y of Regulation (EC) No 1234/2007. |
| --- | --- |

2.

The processes referred to in point 1 shall be mutually exclusive where wine or grape must is enriched with concentrated grape must or rectified concentrated grape must and an aid has been paid under Article 103y of Regulation (EC) No 1234/2007.

| 3. | The addition of sucrose provided for in points 1(a) and (b) may only be performed by dry sugaring and only in the following areas:






  (a) | wine-growing zone A referred to in the Appendix to Annex XII; |
| --- | --- | --- |

3.

The addition of sucrose provided for in points 1(a) and (b) may only be performed by dry sugaring and only in the following areas:

(a)

wine-growing zone A referred to in the Appendix to Annex XII;

| (b) | wine-growing zone B referred to in the Appendix to Annex XII; |
| --- | --- |

(b)

wine-growing zone B referred to in the Appendix to Annex XII;

| (c) | wine-growing zone C referred to in the Appendix to Annex XII, |
| --- | --- |

(c)

wine-growing zone C referred to in the Appendix to Annex XII,

with the exception of vineyards in Italy, Greece, Spain, Portugal, Cyprus and vineyards in the French departments under jurisdiction of the courts of appeal of:

| — | Aix-en-Provence, |
| --- | --- |

—

Aix-en-Provence,

| — | Nîmes, |
| --- | --- |

—

Nîmes,

| — | Montpellier, |
| --- | --- |

—

Montpellier,

| — | Toulouse, |
| --- | --- |

—

Toulouse,

| — | Agen, |
| --- | --- |

—

Agen,

| — | Pau, |
| --- | --- |

—

Pau,

| — | Bordeaux, |
| --- | --- |

—

Bordeaux,

| — | Bastia. |
| --- | --- |

—

Bastia.

However, enrichment by dry sugaring may be authorised by the national authorities as an exception in the abovementioned French departments. France shall notify the Commission and the other Member States forthwith of any such authorisations.

| 4. | The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C referred to in the Appendix to Annex XII. |
| --- | --- |

4.

The addition of concentrated grape must or rectified concentrated grape must shall not have the effect of increasing the initial volume of fresh crushed grapes, grape must, grape must in fermentation or new wine still in fermentation by more than 11 % in wine-growing zone A, 8 % in wine-growing zone B and 6,5 % in wine-growing zone C referred to in the Appendix to Annex XII.

| 5. | The concentration of grape must or of wine subjected to the processes referred to in point 1:






  (a) | shall not have the effect of reducing the initial volume of these products by more than 20 %; |
| --- | --- | --- |

5.

The concentration of grape must or of wine subjected to the processes referred to in point 1:

(a)

shall not have the effect of reducing the initial volume of these products by more than 20 %;

| (b) | shall, notwithstanding point (2)(c) of Section A, not increase the natural alcoholic strength of these products by more than 2 % volume. |
| --- | --- |

(b)

shall, notwithstanding point (2)(c) of Section A, not increase the natural alcoholic strength of these products by more than 2 % volume.

| 6. | The processes referred to in points 1 and 5 shall not raise the total alcoholic strength of the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation, or wine:






  (a) | in wine-growing zone A referred to in the Appendix to Annex XII to more than 11,5 % volume; |
| --- | --- | --- |

6.

The processes referred to in points 1 and 5 shall not raise the total alcoholic strength of the fresh grapes, grape must, grape must in fermentation, new wine still in fermentation, or wine:

(a)

in wine-growing zone A referred to in the Appendix to Annex XII to more than 11,5 % volume;

| (b) | in wine-growing zone B referred to in the Appendix to Annex XII to more than 12 % volume; |
| --- | --- |

(b)

in wine-growing zone B referred to in the Appendix to Annex XII to more than 12 % volume;

| (c) | in wine-growing zone C I referred to in the Appendix to Annex XII to more than 12,5 % volume; |
| --- | --- |

(c)

in wine-growing zone C I referred to in the Appendix to Annex XII to more than 12,5 % volume;

| (d) | in wine-growing zone C II referred to in the Appendix to Annex XII to more than 13 % volume; and |
| --- | --- |

(d)

in wine-growing zone C II referred to in the Appendix to Annex XII to more than 13 % volume; and

| (e) | in wine-growing zone C III referred to in the Appendix to Annex XII to more than 13,5 % volume. |
| --- | --- |

(e)

in wine-growing zone C III referred to in the Appendix to Annex XII to more than 13,5 % volume.

| 7. | By way of derogation from point 6, Member States may:






  (a) | in relation to red wine, raise the upper limit of total alcoholic strength of the products referred to in point 6 to 12 % volume in wine-growing zone A and 12,5 % volume in winegrowing zone B referred to in the Appendix to Annex XII; |
| --- | --- | --- |

7.

By way of derogation from point 6, Member States may:

(a)

in relation to red wine, raise the upper limit of total alcoholic strength of the products referred to in point 6 to 12 % volume in wine-growing zone A and 12,5 % volume in winegrowing zone B referred to in the Appendix to Annex XII;

| (b) | raise the total alcoholic strength by volume of the products referred to in point 6 for the production of wines with a designation of origin to a level to be determined by Member States. |
| --- | --- |

(b)

raise the total alcoholic strength by volume of the products referred to in point 6 for the production of wines with a designation of origin to a level to be determined by Member States.

C.   Acidification and de-acidification

| 1. | Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:






  (a) | de-acidification in wine-growing zones A, B and C I referred to in the Appendix to Annex XII; |
| --- | --- | --- |

1.

Fresh grapes, grape must, grape must in fermentation, new wine still in fermentation and wine may be subject to:

(a)

de-acidification in wine-growing zones A, B and C I referred to in the Appendix to Annex XII;

| (b) | acidification and de-acidification in wine-growing zones C I, C II and C III (a) referred to in the Appendix to Annex XII, without prejudice to point 7 of this Section; or |
| --- | --- |

(b)

acidification and de-acidification in wine-growing zones C I, C II and C III (a) referred to in the Appendix to Annex XII, without prejudice to point 7 of this Section; or

| (c) | acidification in wine-growing zone C III (b) referred to in the Appendix to Annex XII. |
| --- | --- |

(c)

acidification in wine-growing zone C III (b) referred to in the Appendix to Annex XII.

| 2. | Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre. |
| --- | --- |

2.

Acidification of the products, other than wine, referred to in point 1 may be carried out only up to a limit of 1,50 g/l expressed as tartaric acid, or 20 milliequivalents per litre.

| 3. | Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre. |
| --- | --- |

3.

Acidification of wines may be carried out only up to a limit of 2,50 g/l expressed as tartaric acid, or 33,3 milliequivalents per litre.

| 4. | De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre. |
| --- | --- |

4.

De-acidification of wines may be carried out only up to a limit of 1 g/l expressed as tartaric acid, or 13,3 milliequivalents per litre.

| 5. | Grape must intended for concentration may be partially de-acidified. |
| --- | --- |

5.

Grape must intended for concentration may be partially de-acidified.

| 6. | Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in point 1 in wine-growing zones A and B, referred to in the Appendix to Annex XII, under the conditions referred to in points 2 and 3 of this Section. |
| --- | --- |

6.

Notwithstanding point 1, in years when climatic conditions have been exceptional, Member States may authorise acidification of the products referred to in point 1 in wine-growing zones A and B, referred to in the Appendix to Annex XII, under the conditions referred to in points 2 and 3 of this Section.

| 7. | Acidification and enrichment, except by way of derogation to be adopted by the Commission by means of delegated acts pursuant to Article 162(1), and acidification and de-acidification of one and the same product shall be mutually exclusive processes. |
| --- | --- |

7.

Acidification and enrichment, except by way of derogation to be adopted by the Commission by means of delegated acts pursuant to Article 162(1), and acidification and de-acidification of one and the same product shall be mutually exclusive processes.

D.   Processes

| 1. | None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other beverage intended for direct human consumption referred to in Article 1(1)(l) other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested. |
| --- | --- |

1.

None of the processes referred to in Sections B and C, with the exception of the acidification and de-acidification of wines, shall be authorised unless carried out, under conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1), at the time when the fresh grapes, grape must, grape must in fermentation or new wine still in fermentation are being turned into wine or into any other beverage intended for direct human consumption referred to in Article 1(1)(l) other than sparkling wine or aerated sparkling wine in the wine-growing zone where the fresh grapes used were harvested.

| 2. | The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested. |
| --- | --- |

2.

The concentration of wines shall take place in the wine-growing zone where the fresh grapes used were harvested.

| 3. | Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested. |
| --- | --- |

3.

Acidification and de-acidification of wines shall take place only in the wine making undertaking and in the wine-growing zone where the grapes used to produce the wine in question were harvested.

| 4. | Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants to be determined by the Commission by means of delegated acts pursuant to Article 162(1), at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register. |
| --- | --- |

4.

Each of the processes referred to in points 1, 2 and 3 shall be notified to the competent authorities. The same shall apply in respect of the quantities of concentrated grape must rectified concentrated grape must or sucrose held in the exercise of their profession by natural or legal persons or groups of persons, in particular producers, bottlers, processors and merchants to be determined by the Commission by means of delegated acts pursuant to Article 162(1), at the same time and in the same place as fresh grapes, grape must, grape must in fermentation or wine in bulk. The notification of these quantities may, however, be replaced by entry in a goods inwards and stock utilisation register.

| 5. | Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 306, under cover of which the products having undergone the processes are put into circulation. |
| --- | --- |

5.

Each of the processes referred to in Sections B and C shall be recorded on the accompanying document, as provided for in Article 306, under cover of which the products having undergone the processes are put into circulation.

| 6. | Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:






  (a) | in wine-growing zone C referred to in the Appendix to Annex XII after 1 January; |
| --- | --- | --- |

6.

Those processes, subject to derogations justified by exceptional climatic conditions, shall not be carried out:

(a)

in wine-growing zone C referred to in the Appendix to Annex XII after 1 January;

| (b) | in wine-growing zones A and B referred to in the Appendix to Annex XII after 16 March, and |
| --- | --- |

(b)

in wine-growing zones A and B referred to in the Appendix to Annex XII after 16 March, and

they shall be carried out only for products of the grape harvest immediately preceding those dates.

| 7. | Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year. |
| --- | --- |

7.

Notwithstanding point 6, concentration by cooling and acidification and de-acidification of wines may be practised throughout the year.

Part II

Restrictions

A.   General

| 1. | All authorised oenological practices shall exclude the addition of water, except where required on account of a specific technical necessity. |
| --- | --- |

1.

All authorised oenological practices shall exclude the addition of water, except where required on account of a specific technical necessity.

| 2. | All authorised oenological practices shall exclude the addition of alcohol, except for practices related to obtaining fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and semi-sparkling wine. |
| --- | --- |

2.

All authorised oenological practices shall exclude the addition of alcohol, except for practices related to obtaining fresh grape must with fermentation arrested by the addition of alcohol, liqueur wine, sparkling wine, wine fortified for distillation and semi-sparkling wine.

| 3. | Wine fortified for distillation shall only be used for distillation. |
| --- | --- |

3.

Wine fortified for distillation shall only be used for distillation.

| B. | Fresh grapes, grape must and grape juice |
| --- | --- |

B.

Fresh grapes, grape must and grape juice

| 1. | Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of preparation of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. This is without prejudice to any stricter provisions which Member States may apply to the preparation in their territory of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. |
| --- | --- |

1.

Fresh grape must in which fermentation is arrested by the addition of alcohol shall be used only during the stage of preparation of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29. This is without prejudice to any stricter provisions which Member States may apply to the preparation in their territory of products which do not fall under CN codes 2204 10, 2204 21 and 2204 29.

| 2. | Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo alcoholic fermentation in the territory of the Union. |
| --- | --- |

2.

Grape juice and concentrated grape juice shall not be made into wine or added to wine. They shall not undergo alcoholic fermentation in the territory of the Union.

| 3. | The provisions of points 1 and 2 shall not apply to products intended for the production, in the United Kingdom, Ireland and Poland, of products falling within CN code 2206 00 for which Member States may allow the use of a composite name, including the sales designation ‘wine’. |
| --- | --- |

3.

The provisions of points 1 and 2 shall not apply to products intended for the production, in the United Kingdom, Ireland and Poland, of products falling within CN code 2206 00 for which Member States may allow the use of a composite name, including the sales designation ‘wine’.

| 4. | Grape must in fermentation extracted from raisined grapes shall be put on the market only for the manufacture of liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and for the manufacture of wine of overripe grapes. |
| --- | --- |

4.

Grape must in fermentation extracted from raisined grapes shall be put on the market only for the manufacture of liqueur wines only in the wine-growing regions where this usage was traditional on 1 January 1985, and for the manufacture of wine of overripe grapes.

| 5. | Unless otherwise decided in accordance with Article 43(2) of the Treaty pursuant to the international obligations of the Union, fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or mixtures of those products, originating in third countries, may not be turned into products referred to in this Annex or added to such products in the territory of the Union. |
| --- | --- |

5.

Unless otherwise decided in accordance with Article 43(2) of the Treaty pursuant to the international obligations of the Union, fresh grapes, grape must, grape must in fermentation, concentrated grape must, rectified concentrated grape must, grape must with fermentation arrested by the addition of alcohol, grape juice, concentrated grape juice and wine, or mixtures of those products, originating in third countries, may not be turned into products referred to in this Annex or added to such products in the territory of the Union.

C.   Blending of wines

Unless otherwise decided in accordance with Article 43(2) of the Treaty pursuant to the international obligations of the Union, coupage of a wine originating in a third country with a Union wine and coupage between wines originating in third countries shall be prohibited in the Union.

D.   By-products

| 1. | The over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of grapes.
  The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to 5 % in relation to the volume of alcohol contained in the wine produced. |
| --- | --- |

1.

The over-pressing of grapes shall be prohibited. Member States shall decide, taking account of local and technical conditions, the minimum quantity of alcohol that shall be contained in the marc and the lees after the pressing of grapes.

The quantity of alcohol contained in those by-products shall be decided by Member States at a level at least equal to 5 % in relation to the volume of alcohol contained in the wine produced.

| 2. | Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not be produced from wine lees or grape marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall be allowed under conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1) where this practice is traditionally used for the production of ‘Tokaji fordítás’ and ‘Tokaji máslás’ in Hungary and ‘Tokajský forditáš’ and ‘Tokajský mášláš’ in Slovakia. |
| --- | --- |

2.

Except for alcohol, spirits and piquette, wine or any other beverage intended for direct human consumption shall not be produced from wine lees or grape marc. The pouring of wine onto lees or grape marc or pressed aszú pulp shall be allowed under conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1) where this practice is traditionally used for the production of ‘Tokaji fordítás’ and ‘Tokaji máslás’ in Hungary and ‘Tokajský forditáš’ and ‘Tokajský mášláš’ in Slovakia.

| 3. | The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered as pressing where the products obtained are of sound, genuine and merchantable quality. |
| --- | --- |

3.

The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered as pressing where the products obtained are of sound, genuine and merchantable quality.

| 4. | Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for consumption in wine-producers’ households. |
| --- | --- |

4.

Piquette, where its production is authorised by the Member State concerned, shall be used only for distillation or for consumption in wine-producers’ households.

| 5. | Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose of them subject to conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1). |
| --- | --- |

5.

Without prejudice to the possibility for Member States to decide to require disposal of by-products by way of distillation, any natural or legal persons or groups of persons who hold by-products shall be required to dispose of them subject to conditions to be determined by the Commission by means of delegated acts pursuant to Article 162(1).

Wednesday 4 July 2012ANNEX XIV

EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NON-MEMBER PRODUCERS PURSUANT TO ARTICLE 218 AND ARTICLE 224

1.   Rules on production information

| (a) | notification of growing intentions, by product and where appropriate by variety; |
| --- | --- |

(a)

notification of growing intentions, by product and where appropriate by variety;

| (b) | notification of sowings and plantings; |
| --- | --- |

(b)

notification of sowings and plantings;

| (c) | notification of total areas grown, by product and if possible variety; |
| --- | --- |

(c)

notification of total areas grown, by product and if possible variety;

| (d) | notification of anticipated tonnages and probable cropping dates by product and if possible variety; |
| --- | --- |

(d)

notification of anticipated tonnages and probable cropping dates by product and if possible variety;

| (e) | periodic notification of quantities cropped and available stocks, by variety; |
| --- | --- |

(e)

periodic notification of quantities cropped and available stocks, by variety;

| (f) | information on storage capacities. |
| --- | --- |

(f)

information on storage capacities.

2.   Production rules

| (a) | choice of seed to be used according to intended destination (fresh market/industrial processing); |
| --- | --- |

(a)

choice of seed to be used according to intended destination (fresh market/industrial processing);

| (b) | thinning in orchards. |
| --- | --- |

(b)

thinning in orchards.

3.   Marketing rules

| (a) | specified dates for commencement of cropping, staggering of marketing; |
| --- | --- |

(a)

specified dates for commencement of cropping, staggering of marketing;

| (b) | minimum quality and size requirements; |
| --- | --- |

(b)

minimum quality and size requirements;

| (c) | preparation, presentation, packaging and marking at first marketing stage; |
| --- | --- |

(c)

preparation, presentation, packaging and marking at first marketing stage;

| (d) | indication of product origin. |
| --- | --- |

(d)

indication of product origin.

4.   Rules on the protection of the environment

| (a) | use of fertiliser and manure; |
| --- | --- |

(a)

use of fertiliser and manure;

| (b) | use of plant-health products and other crop protection methods; |
| --- | --- |

(b)

use of plant-health products and other crop protection methods;

| (c) | maximum residue content in fruit and vegetables of plant-health products and fertilisers; |
| --- | --- |

(c)

maximum residue content in fruit and vegetables of plant-health products and fertilisers;

| (d) | rules on disposal of by-products and used material; |
| --- | --- |

(d)

rules on disposal of by-products and used material;

| (e) | rules concerning products withdrawn from the market. |
| --- | --- |

(e)

rules concerning products withdrawn from the market.

5.   Rules on promotion and communication in the context of crisis prevention and management as referred to in Article 121(2)(c).

Wednesday 4 July 2012ANNEX XV

IMPORT DUTIES FOR RICE REFERRED TO IN ARTICLES 242 AND 244

1.   Import duties for husked rice

| (a) | EUR 30 per tonne in the following cases:






  (i) | where it is noted that the imports of husked rice made over the course of the marketing year just ended did not reach the annual reference quantity referred to in the first subparagraph of Article 242(3), less 15 %; |
| --- | --- | --- |

(a)

EUR 30 per tonne in the following cases:

(i)

where it is noted that the imports of husked rice made over the course of the marketing year just ended did not reach the annual reference quantity referred to in the first subparagraph of Article 242(3), less 15 %;

| (ii) | where it is noted that the imports of husked rice made over the course of the first six months of the marketing year do not reach the partial reference quantity referred to in the second subparagraph of Article 242(3), less 15 %; |
| --- | --- |

(ii)

where it is noted that the imports of husked rice made over the course of the first six months of the marketing year do not reach the partial reference quantity referred to in the second subparagraph of Article 242(3), less 15 %;

| (b) | EUR 42,5 per tonne in the following cases:






  (i) | where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of Article 242(3), less 15 %, but do not exceed that same annual reference quantity plus 15 %; |
| --- | --- | --- |

(b)

EUR 42,5 per tonne in the following cases:

(i)

where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of Article 242(3), less 15 %, but do not exceed that same annual reference quantity plus 15 %;

| (ii) | where it is noted that the imports of husked rice made in the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of Article 242(3), less 15 %, but do not exceed that same partial reference quantity plus 15 %; |
| --- | --- |

(ii)

where it is noted that the imports of husked rice made in the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of Article 242(3), less 15 %, but do not exceed that same partial reference quantity plus 15 %;

| (c) | EUR 65 per tonne in the following cases:






  (i) | where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of Article 242(3), plus 15 %; |
| --- | --- | --- |

(c)

EUR 65 per tonne in the following cases:

(i)

where it is noted that the imports of husked rice made over the course of the marketing year just ended exceed the annual reference quantity referred to in the first subparagraph of Article 242(3), plus 15 %;

| (ii) | where it is noted that the imports of husked rice made over the course of the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of Article 242(3), plus 15 %. |
| --- | --- |

(ii)

where it is noted that the imports of husked rice made over the course of the first six months of the marketing year exceed the partial reference quantity referred to in the second subparagraph of Article 242(3), plus 15 %.

2.   Import duties for milled rice

| (a) | EUR 175 per tonne in the following cases:






  (i) | where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended exceed 387 743 tonnes; |
| --- | --- | --- |

(a)

EUR 175 per tonne in the following cases:

(i)

where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended exceed 387 743 tonnes;

| (ii) | where it is noted that imports of semi-milled and wholly milled rice during the first six months of the marketing year exceed 182 239 tonnes; |
| --- | --- |

(ii)

where it is noted that imports of semi-milled and wholly milled rice during the first six months of the marketing year exceed 182 239 tonnes;

| (b) | EUR 145 per tonne in the following cases:






  (i) | where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended do not exceed 387 743 tonnes; |
| --- | --- | --- |

(b)

EUR 145 per tonne in the following cases:

(i)

where it is noted that imports of semi-milled and wholly milled rice during the marketing year just ended do not exceed 387 743 tonnes;

| (ii) | where it is noted that imports of semi-milled and wholly milled rice during the first six months of the marketing year do not exceed 182 239 tonnes. |
| --- | --- |

(ii)

where it is noted that imports of semi-milled and wholly milled rice during the first six months of the marketing year do not exceed 182 239 tonnes.

Wednesday 4 July 2012ANNEX XVI

VARIETIES OF BASMATI RICE REFERRED TO IN ARTICLE 243

Basmati 217

Basmati 370

Basmati 386

Kernel (Basmati)

Pusa Basmati

Ranbir Basmati

Super Basmati

Taraori Basmati (HBC-19)

Type-3 (Dehradun)

Wednesday 4 July 2012ANNEX XVII

LIST OF GOODS OF THE CEREALS, RICE, SUGAR, MILK AND EGGS SECTORS FOR THE PURPOSE OF ARTICLE 16(a)(ii) AND FOR THE GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF PART III

Part I:   Cereals

| CN code | Description |
| --- | --- |
| ex 0403 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
| 0403 10 | Yoghurt: |
| 0403 10 51 to
  0403 10 99 | Flavoured or containing added fruit, nuts or cocoa |
| 0403 90 | Other: |
| 0403 90 71 to
  0403 90 99 | Flavoured or containing added fruit, nuts or cocoa |
| ex 0710 | Vegetables (uncooked or cooked by steaming or boiling in water), frozen: |
| 0710 40 00 | Sweetcorn |
| ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
| 0711 90 30 | Sweetcorn |
| ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract of subheading 1704 90 10 |
| 1806 | Chocolate and other food preparations containing cocoa |
| ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |
| 1901 10 00 | Preparations for infant use, put up for retail sale |
| 1901 20 00 | Mixes and doughs for the preparation of bakers' wares of heading 1905 |
| 1901 90 | Other: |
| 1901 90 11 to
  1901 90 19 | Malt extract |
| Other: |
| 1901 90 99 | Other |
| ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
| Uncooked pasta, not stuffed or otherwise prepared: |
| 1902 11 00 | Containing eggs |
| 1902 19 | Other |
| ex 1902 20 | Stuffed pasta, whether or not cooked or otherwise prepared: |
| Other: |
| 1902 20 91 | Cooked |
| 1902 20 99 | Other |
| 1902 30 | Other pasta |
| 1902 40 | Couscous |
| 1903 00 00 | Tapioca and substitutes therefore prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms |
| 1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize(corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included: |
| 1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |
| ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |
| Other: |
| 2001 90 30 | Sweetcorn (Zea mays var. saccharata) |
| 2001 90 40 | Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch |
| ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: |
| 2004 10 | Potatoes: |
| Other: |
| 2004 10 91 | In the form of flour, meal or flakes |
| 2004 90 | Other vegetables and mixtures of vegetables: |
| 2004 90 10 | Sweetcorn (Zea mays var. saccharata) |
| ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: |
| 2005 20 | Potatoes: |
| 2005 20 10 | In the form of flour, meal or flakes |
| 2005 80 00 | Sweetcorn (Zea mays var. saccharata) |
| ex 2008 | Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included: |
| Other, including mixtures other than those of subheading 2008 19: |
| 2008 99 | Other: |
| Not containing added spirit: |
| Not containing added sugar: |
| 2008 99 85 | Maize (corn), other than sweetcorn (Zea mays var. saccharata) |
| 2008 99 91 | Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch |
| ex 2101 | Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
| 2101 12 | Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
| 2101 12 98 | Other |
| 2101 20 | Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: |
| 2101 20 98 | Other |
| 2101 30 | Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
| Roasted chicory and other roasted coffee substitutes: |
| 2101 30 19 | Other |
| Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes: |
| 2101 30 99 | Other |
| ex 2102 | Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders: |
| 2102 10 | Active yeasts |
| 2102 10 31 and
  2102 10 39 | Bakers' yeast |
| 2105 00 | Ice cream and other edible ice, whether or not containing cocoa |
| ex 2106 | Food preparations not elsewhere specified or included: |
| 2106 90 | Other: |
| Other: |
| 2106 90 92 | Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch |
| 2106 90 98 | Other |
| 2202 | Waters, including mineral waters and aerated water, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 |
| 2205 | Vermouth and other wine or fresh grapes flavoured with plants or aromatic substances |
| ex 2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirit drinks: |
| 2208 30 | Whiskies: |
| 2208 30 30 to
  2208 30 88 | Other than Bourbon whiskey |
| 2208 50 | Gin and Geneva |
| 2208 60 | Vodka |
| 2208 70 | Liqueurs and cordials |
| 2208 90 | Other: |
| Other spirits and other spirit drinks, in containers holding: |
| 2 litres or less: |
| 2208 90 41 | Ouzo |
| Other: |
| Spirits (excluding liqueurs): |
| Other: |
| 2208 90 52 | Korn |
| 2208 90 56 | Other |
| 2208 90 69 | Other spirituous beverages |
| More than 2 litres: |
| Spirits (excluding liqueurs): |
| 2208 90 77 | Other |
| 2208 90 78 | Other spirituous beverages |
| 2905 43 00 | Mannitol |
| 2905 44 | D-glucitol (sorbitol) |
| ex 3302 | Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |
| 3302 10 | Of a kind used in the food or drink industries: |
| Of a kind used in the drink industries: |
| Preparations containing all flavouring agents characterising a beverage: |
| Other: |
| 3302 10 29 | Other |
| 3505 | Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches |
| ex 3809 | Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: |
| 3809 10 | With a basis of amylaceous substances |
| 3824 60 | Sorbitol other than that of subheading 2905 44 |

CN code

Description

ex 0403

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

0403 10

Yoghurt:

0403 10 51 to

0403 10 99

Flavoured or containing added fruit, nuts or cocoa

0403 90

Other:

0403 90 71 to

0403 90 99

Flavoured or containing added fruit, nuts or cocoa

ex 0710

Vegetables (uncooked or cooked by steaming or boiling in water), frozen:

0710 40 00

Sweetcorn

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

0711 90 30

Sweetcorn

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract of subheading 1704 90 10

1806

Chocolate and other food preparations containing cocoa

ex 1901

Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

1901 10 00

Preparations for infant use, put up for retail sale

1901 20 00

Mixes and doughs for the preparation of bakers' wares of heading 1905

1901 90

Other:

1901 90 11 to

1901 90 19

Malt extract

Other:

1901 90 99

Other

ex 1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

Uncooked pasta, not stuffed or otherwise prepared:

1902 11 00

Containing eggs

1902 19

Other

ex 1902 20

Stuffed pasta, whether or not cooked or otherwise prepared:

Other:

1902 20 91

Cooked

1902 20 99

Other

1902 30

Other pasta

1902 40

Couscous

1903 00 00

Tapioca and substitutes therefore prepared from starch, in the form of flakes, grains, pearls, siftings or similar forms

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize(corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included:

1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

Other:

2001 90 30

Sweetcorn (Zea mays var. saccharata)

2001 90 40

Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006:

2004 10

Potatoes:

Other:

2004 10 91

In the form of flour, meal or flakes

2004 90

Other vegetables and mixtures of vegetables:

2004 90 10

Sweetcorn (Zea mays var. saccharata)

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

2005 20

Potatoes:

2005 20 10

In the form of flour, meal or flakes

2005 80 00

Sweetcorn (Zea mays var. saccharata)

ex 2008

Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included:

Other, including mixtures other than those of subheading 2008 19:

2008 99

Other:

Not containing added spirit:

Not containing added sugar:

2008 99 85

Maize (corn), other than sweetcorn (Zea mays var. saccharata)

2008 99 91

Yams, sweet potatoes and similar edible parts of plants, containing 5 % or more by weight of starch

ex 2101

Extracts, essences and concentrates, of coffee, tea or maté and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

2101 12

Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

2101 12 98

Other

2101 20

Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:

2101 20 98

Other

2101 30

Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

Roasted chicory and other roasted coffee substitutes:

2101 30 19

Other

Extracts, essences and concentrates of roasted chicory and other roasted coffee substitutes:

2101 30 99

Other

ex 2102

Yeasts (active or inactive); other single-cell micro-organisms, dead (but not including vaccines of heading 3002); prepared baking powders:

2102 10

Active yeasts

2102 10 31 and

2102 10 39

Bakers' yeast

2105 00

Ice cream and other edible ice, whether or not containing cocoa

ex 2106

Food preparations not elsewhere specified or included:

2106 90

Other:

Other:

2106 90 92

Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

Other

2202

Waters, including mineral waters and aerated water, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009

2205

Vermouth and other wine or fresh grapes flavoured with plants or aromatic substances

ex 2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirit drinks:

2208 30

Whiskies:

2208 30 30 to

2208 30 88

Other than Bourbon whiskey

2208 50

Gin and Geneva

2208 60

Vodka

2208 70

Liqueurs and cordials

2208 90

Other:

Other spirits and other spirit drinks, in containers holding:

2 litres or less:

2208 90 41

Ouzo

Other:

Spirits (excluding liqueurs):

Other:

2208 90 52

Korn

2208 90 56

Other

2208 90 69

Other spirituous beverages

More than 2 litres:

Spirits (excluding liqueurs):

2208 90 77

Other

2208 90 78

Other spirituous beverages

2905 43 00

Mannitol

2905 44

D-glucitol (sorbitol)

ex 3302

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

3302 10

Of a kind used in the food or drink industries:

Of a kind used in the drink industries:

Preparations containing all flavouring agents characterising a beverage:

Other:

3302 10 29

Other

3505

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches

ex 3809

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included:

3809 10

With a basis of amylaceous substances

3824 60

Sorbitol other than that of subheading 2905 44

Part II:   Rice

| CN code | Description |
| --- | --- |
| ex 0403 | Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
| 0403 10 | Yoghurt: |
| 0403 10 51 to
  0403 10 99 | Flavoured or containing added fruit, nuts or cocoa |
| 0403 90 | Other: |
| 0403 90 71 to
  0403 90 99 | Flavoured or containing added fruit, nuts or cocoa |
| ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa: |
| 1704 90 51 to
  1704 90 99 | Other |
| ex 1806 | Chocolate and other food preparations containing cocoa, except goods of subheadings 1806 10, 1806 20 70, 1806 90 60, 1806 90 70 and 1806 90 90 |
| ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |
| 1901 10 00 | Preparations for infant use, put up for retail sale |
| 1901 20 00 | Mixes and doughs for the preparation of bakers' wares of heading 1905 |
| 1901 90 | Other: |
| 1901 90 11 to
  1901 90 19 | Malt extract |
| Other: |
| 1901 90 99 | Other |
| ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
| 1902 20 | Stuffed pasta, whether or not cooked or otherwise prepared: |
| Other |
| 1902 20 91 | Cooked |
| 1902 20 99 | Other |
| 1902 30 | Other pasta |
| 1902 40 | Couscous: |
| 1902 40 90 | Other |
| 1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included |
| ex 1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |
| 1905 90 20 | Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products |
| ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: |
| 2004 10 | Potatoes: |
| Other: |
| 2004 10 91 | In the form of flour, meal or flakes |
| ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: |
| 2005 20 | Potatoes: |
| 2005 20 10 | In the form of flour, meal or flakes |
| ex 2101 | Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
| 2101 12 | Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
| 2101 12 98 | Other |
| 2101 20 | Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté: |
| 2101 20 98 | Other |
| 2105 00 | Ice cream and other edible ice, whether or not containing cocoa |
| ex 2106 | Food preparations not elsewhere specified or included: |
| 2106 90 | Other: |
| Other: |
| 2106 90 92 | Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch |
| 2106 90 98 | Other |
| ex 3505 | Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches, except starches of subheading 3505 10 50 |
| ex 3809 | Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included: |
| 3809 10 | With a basis of amylaceous substances |

CN code

Description

ex 0403

Buttermilk, curdled milk and cream, yoghurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

0403 10

Yoghurt:

0403 10 51 to

0403 10 99

Flavoured or containing added fruit, nuts or cocoa

0403 90

Other:

0403 90 71 to

0403 90 99

Flavoured or containing added fruit, nuts or cocoa

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa:

1704 90 51 to

1704 90 99

Other

ex 1806

Chocolate and other food preparations containing cocoa, except goods of subheadings 1806 10, 1806 20 70, 1806 90 60, 1806 90 70 and 1806 90 90

ex 1901

Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

1901 10 00

Preparations for infant use, put up for retail sale

1901 20 00

Mixes and doughs for the preparation of bakers' wares of heading 1905

1901 90

Other:

1901 90 11 to

1901 90 19

Malt extract

Other:

1901 90 99

Other

ex 1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

1902 20

Stuffed pasta, whether or not cooked or otherwise prepared:

Other

1902 20 91

Cooked

1902 20 99

Other

1902 30

Other pasta

1902 40

Couscous:

1902 40 90

Other

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included

ex 1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

1905 90 20

Communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006:

2004 10

Potatoes:

Other:

2004 10 91

In the form of flour, meal or flakes

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

2005 20

Potatoes:

2005 20 10

In the form of flour, meal or flakes

ex 2101

Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

2101 12

Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

2101 12 98

Other

2101 20

Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or maté:

2101 20 98

Other

2105 00

Ice cream and other edible ice, whether or not containing cocoa

ex 2106

Food preparations not elsewhere specified or included:

2106 90

Other:

Other:

2106 90 92

Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

Other

ex 3505

Dextrins and other modified starches (for example, pregelatinised or esterified starches); glues based on starches, or on dextrins or other modified starches, except starches of subheading 3505 10 50

ex 3809

Finishing agents, dye carriers to accelerate the dyeing or fixing of dyestuffs and other products and preparations (for example, dressings and mordants), of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included:

3809 10

With a basis of amylaceous substances

Part III:   Sugar

| CN code | Description |
| --- | --- |
| ex 0403 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa: |
| 0403 10 | Yogurt: |
| 0403 10 51 to
  0403 10 99 | Flavoured or containing added fruit, nuts or cocoa |
| 0403 90 | Other: |
| 0403 90 71 to
  0403 90 99 | Flavoured or containing added fruit, nuts or cocoa |
| ex 0710 | Vegetables (uncooked or cooked by steaming or by boiling in water), frozen: |
| 0710 40 00 | Sweetcorn |
| ex 0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption: |
| 0711 90 | Other vegetables; mixtures of vegetables: |
| Vegetables: |
| 0711 90 30 | Sweetcorn |
| 1702 50 00 | Chemically pure fructose |
| ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract of subheading 1704 90 10 |
| 1806 | Chocolate and other food preparations containing cocoa |
| ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |
| 1901 10 00 | Preparations for infant use, put up for retail sale |
| 1901 20 00 | Mixes and doughs for the preparation of bakers' wares of heading 1905 |
| 1901 90 | Other: |
| Other: |
| 1901 90 99 | Other |
| ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
| 1902 20 | Stuffed pasta, whether or not cooked or otherwise prepared: |
| Other: |
| 1902 20 91 | Cooked |
| 1902 20 99 | Other |
| 1902 30 | Other pasta |
| 1902 40 | Couscous: |
| 1902 40 90 | Other |
| 1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included |
| ex 1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |
| 1905 10 00 | Crispbread |
| 1905 20 | Gingerbread and the like |
| 1905 31 | Sweet biscuits |
| 1905 32 | Waffles and wafers |
| 1905 40 | Rusks, toasted bread and similar toasted products |
| 1905 90 | Other: |
| Other: |
| 1905 90 45 | Biscuits |
| 1905 90 55 | Extruded or expanded products, savoury or salted |
| Other: |
| 1905 90 60 | With added sweetening matter |
| 1905 90 90 | Other |
| ex 2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid: |
| 2001 90 | Other: |
| 2001 90 30 | Sweetcorn (Zea mays var. saccharata) |
| 2001 90 40 | Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch |
| ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: |
| 2004 10 | Potatoes |
| Other |
| 2004 10 91 | In the form of flour, meal or flakes |
| 2004 90 | Other vegetables and mixtures of vegetables: |
| 2004 90 10 | Sweetcorn (Zea mays var. saccharata) |
| ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006): |
| 2005 20 | Potatoes: |
| 2005 20 10 | In the form of flour, meal or flakes |
| 2005 80 00 | Sweetcorn (Zea mays var. saccharata) |
| ex 2101 | Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
| Extracts, essences and concentrates, of coffee and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
| 2101 12 | Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee: |
| 2101 12 98 | Other: |
| 2101 20 | Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or mate: |
| Preparations |
| 2101 20 98 | Other |
| 2101 30 | Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof: |
| Roasted chicory and other roasted coffee substitutes: |
| 2101 30 19 | Other |
| Extracts, essences and concentrates of roasted chicory and other roasted coffee substitute: |
| 2101 30 99 | Other |
| 2105 00 | Ice cream and other edible ice, whether or not containing cocoa |
| ex 2106 | Food preparations not elsewhere specified or included: |
| ex 2106 90 | Other: |
| Other: |
| 2106 90 92 | Containing no milk-fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milk-fat, 5 % sucrose or isoglucose, 5 % glucose or starch |
| 2106 90 98 | Other |
| ex 2202 | Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009, except beer made from malt, of an alcoholic strength by volume not exceeding 0,5 % vol |
| 2205 | Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances |
| ex 2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirit drinks: |
| 2208 20 | Spirits obtained by distilling grape wine or grape marc |
| ex 2208 50 | Geneva |
| 2208 70 | Liqueurs and cordials |
| ex 2208 90 | Other: |
| Other spirits and other spirit drinks, in containers holding: |
| 2 litres or less: |
| 2208 90 41 | Ouzo |
| Other: |
| Spirits (excluding liqueurs): |
| Distilled from fruit |
| 2208 90 45 | Calvados |
| 2208 90 48 | Other |
| Other: |
| 2208 90 52 | Korn |
| 2208 90 56 | Other |
| 2208 90 69 | Other spirituous beverages |
| More than 2 litres: |
| Spirits (excluding liqueurs): |
| 2208 90 71 | Distilled from fruit |
| 2208 90 77 | Other |
| 2208 90 78 | Other spirituous beverages |
| 2905 43 00 | Mannitol |
| 2905 44 | D-glucitol (sorbitol) |
| ex 3302 | Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |
| 3302 10 | Of a kind used in the food or drink industries |
| Of a kind used in the drink industries: |
| Preparations containing all flavouring agents characterising a beverage: |
| Other (of an actual alcoholic strength by volume not exceeding 0,5 %) |
| 3302 10 29 | Other |
| ex Chapter 38 | Miscellaneous chemical products: |
| 3824 60 | Sorbitol other than that of subheading 2905 44 |

CN code

Description

ex 0403

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa:

0403 10

Yogurt:

0403 10 51 to

0403 10 99

Flavoured or containing added fruit, nuts or cocoa

0403 90

Other:

0403 90 71 to

0403 90 99

Flavoured or containing added fruit, nuts or cocoa

ex 0710

Vegetables (uncooked or cooked by steaming or by boiling in water), frozen:

0710 40 00

Sweetcorn

ex 0711

Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption:

0711 90

Other vegetables; mixtures of vegetables:

Vegetables:

0711 90 30

Sweetcorn

1702 50 00

Chemically pure fructose

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa, except liquorice extract of subheading 1704 90 10

1806

Chocolate and other food preparations containing cocoa

ex 1901

Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

1901 10 00

Preparations for infant use, put up for retail sale

1901 20 00

Mixes and doughs for the preparation of bakers' wares of heading 1905

1901 90

Other:

Other:

1901 90 99

Other

ex 1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

1902 20

Stuffed pasta, whether or not cooked or otherwise prepared:

Other:

1902 20 91

Cooked

1902 20 99

Other

1902 30

Other pasta

1902 40

Couscous:

1902 40 90

Other

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included

ex 1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

1905 10 00

Crispbread

1905 20

Gingerbread and the like

1905 31

Sweet biscuits

1905 32

Waffles and wafers

1905 40

Rusks, toasted bread and similar toasted products

1905 90

Other:

Other:

1905 90 45

Biscuits

1905 90 55

Extruded or expanded products, savoury or salted

Other:

1905 90 60

With added sweetening matter

1905 90 90

Other

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid:

2001 90

Other:

2001 90 30

Sweetcorn (Zea mays var. saccharata)

2001 90 40

Yams, sweet potatoes and similar edible parts of plants containing 5 % or more by weight of starch

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006:

2004 10

Potatoes

Other

2004 10 91

In the form of flour, meal or flakes

2004 90

Other vegetables and mixtures of vegetables:

2004 90 10

Sweetcorn (Zea mays var. saccharata)

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006):

2005 20

Potatoes:

2005 20 10

In the form of flour, meal or flakes

2005 80 00

Sweetcorn (Zea mays var. saccharata)

ex 2101

Extracts, essences and concentrates, of coffee, tea or mate and preparations with a basis of these products or with a basis of coffee, tea or maté; roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

Extracts, essences and concentrates, of coffee and preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

2101 12

Preparations with a basis of these extracts, essences or concentrates or with a basis of coffee:

2101 12 98

Other:

2101 20

Extracts, essences and concentrates, of tea or maté, and preparations with a basis of these extracts, essences or concentrates, or with a basis of tea or mate:

Preparations

2101 20 98

Other

2101 30

Roasted chicory and other roasted coffee substitutes, and extracts, essences and concentrates thereof:

Roasted chicory and other roasted coffee substitutes:

2101 30 19

Other

Extracts, essences and concentrates of roasted chicory and other roasted coffee substitute:

2101 30 99

Other

2105 00

Ice cream and other edible ice, whether or not containing cocoa

ex 2106

Food preparations not elsewhere specified or included:

ex 2106 90

Other:

Other:

2106 90 92

Containing no milk-fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milk-fat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

Other

ex 2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009, except beer made from malt, of an alcoholic strength by volume not exceeding 0,5 % vol

2205

Vermouth and other wine of fresh grapes flavoured with plants or aromatic substances

ex 2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirit drinks:

2208 20

Spirits obtained by distilling grape wine or grape marc

ex 2208 50

Geneva

2208 70

Liqueurs and cordials

ex 2208 90

Other:

Other spirits and other spirit drinks, in containers holding:

2 litres or less:

2208 90 41

Ouzo

Other:

Spirits (excluding liqueurs):

Distilled from fruit

2208 90 45

Calvados

2208 90 48

Other

Other:

2208 90 52

Korn

2208 90 56

Other

2208 90 69

Other spirituous beverages

More than 2 litres:

Spirits (excluding liqueurs):

2208 90 71

Distilled from fruit

2208 90 77

Other

2208 90 78

Other spirituous beverages

2905 43 00

Mannitol

2905 44

D-glucitol (sorbitol)

ex 3302

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

3302 10

Of a kind used in the food or drink industries

Of a kind used in the drink industries:

Preparations containing all flavouring agents characterising a beverage:

Other (of an actual alcoholic strength by volume not exceeding 0,5 %)

3302 10 29

Other

ex Chapter 38

Miscellaneous chemical products:

3824 60

Sorbitol other than that of subheading 2905 44

Part IV:   Milk

| CN code | Description |
| --- | --- |
| ex 0405 | Butter and other fats and oils derived from milk; dairy spreads: |
| 0405 20 | Dairy spreads: |
| 0405 20 10 | Of a fat content, by weight, of 39 % or more but less than 60 % |
| 0405 20 30 | Of a fat content, by weight, of 60 % or more but not exceeding 75 % |
| ex 1517 | Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516: |
| 1517 10 | Margarine, excluding liquid margarine: |
| 1517 10 10 | Containing, by weight, more than 10 % but not more than 15 % of milkfats |
| 1517 90 | Other: |
| 1517 90 10 | Containing, by weight, more than 10 % but not more than 15 % of milkfats |
| ex 1704 | Sugar confectionery (including white chocolate), not containing cocoa: |
| ex 1704 90 | Other, excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances |
| ex 1806 | Chocolate and other food preparations containing cocoa, excluding cocoa powder sweetened solely by the addition of sucrose of subheading ex 1806 10 |
| ex 1901 | Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included: |
| 1901 10 00 | Preparations for infant use, put up for retail sale |
| 1901 20 00 | Mixes and doughs for the preparation of bakers' wares of heading 1905 |
| 1901 90 | Other: |
| Other: |
| 1901 90 99 | Other |
| ex 1902 | Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared: |
| Uncooked pasta, not stuffed or otherwise prepared: |
| 1902 19 | Other |
| 1902 20 | Stuffed pasta, whether or not cooked or otherwise prepared: |
| Other: |
| 1902 20 91 | Cooked |
| 1902 20 99 | Other |
| 1902 30 | Other pasta |
| 1902 40 | Couscous: |
| 1902 40 90 | Other |
| 1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included |
| ex 1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |
| 1905 10 00 | Crispbread |
| 1905 20 | Gingerbread and the like |
| Sweet biscuits; waffles and wafers: |
| 1905 31 | Sweet biscuits |
| 1905 32 | Waffles and wafers |
| 1905 40 | Rusks, toasted bread and similar toasted products |
| 1905 90 | Other: |
| Other: |
| 1905 90 45 | Biscuits |
| 1905 90 55 | Extruded or expanded products, savoury or salted |
| Other: |
| 1905 90 60 | with added sweetening matter |
| 1905 90 90 | Other |
| ex 2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006: |
| 2004 10 | Potatoes: |
| Other: |
| 2004 10 91 | In the form of flour, meal or flakes |
| ex 2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006: |
| 2005 20 | Potatoes: |
| 2005 20 10 | In the form of flour, meal or flakes |
| 2105 00 | Ice cream and other edible ice, whether or not containing cocoa |
| ex 2106 | Food preparations not elsewhere specified or included: |
| 2106 90 | Other: |
| Other: |
| 2106 90 92 | Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch |
| 2106 90 98 | Other |
| ex 2202 | Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit and vegetable juices of heading 2009: |
| 2202 90 | Other: |
| Other, containing by weight of fat obtained from the products of headings 0401 to 0404: |
| 2202 90 91 | Less than 0,2 % |
| 2202 90 95 | 0,2 % or more but less than 2 % |
| 2202 90 99 | 2 % or more |
| ex 2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirit drinks: |
| 2208 70 | Liqueurs and cordials |
| 2208 90 | Other: |
| Other spirits and spirit drinks, in containers holding: |
| 2 litres or less: |
| Other: |
| 2208 90 69 | Other spirit drinks |
| More than 2 litres: |
| 2208 90 78 | Other spirit drinks |
| ex 3302 | Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages: |
| 3302 10 | Of a kind used in the food or drink industries: |
| Of a kind used in the drink industries: |
| Preparations containing all flavouring agents characterising a beverage: |
| Other: |
| 3302 10 29 | Other |
| 3501 | Casein, caseinates and other casein derivatives; casein glues |
| ex 3502 | Albumins, (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: |
| 3502 20 | Milk albumin, including concentrates of two or more whey proteins: |
| Other: |
| 3502 20 91 | Dried (for example in sheets, scales, flakes, powder) |
| 3502 20 99 | Other |

CN code

Description

ex 0405

Butter and other fats and oils derived from milk; dairy spreads:

0405 20

Dairy spreads:

0405 20 10

Of a fat content, by weight, of 39 % or more but less than 60 %

0405 20 30

Of a fat content, by weight, of 60 % or more but not exceeding 75 %

ex 1517

Margarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516:

1517 10

Margarine, excluding liquid margarine:

1517 10 10

Containing, by weight, more than 10 % but not more than 15 % of milkfats

1517 90

Other:

1517 90 10

Containing, by weight, more than 10 % but not more than 15 % of milkfats

ex 1704

Sugar confectionery (including white chocolate), not containing cocoa:

ex 1704 90

Other, excluding liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances

ex 1806

Chocolate and other food preparations containing cocoa, excluding cocoa powder sweetened solely by the addition of sucrose of subheading ex 1806 10

ex 1901

Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings 0401 to 0404, not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included:

1901 10 00

Preparations for infant use, put up for retail sale

1901 20 00

Mixes and doughs for the preparation of bakers' wares of heading 1905

1901 90

Other:

Other:

1901 90 99

Other

ex 1902

Pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared:

Uncooked pasta, not stuffed or otherwise prepared:

1902 19

Other

1902 20

Stuffed pasta, whether or not cooked or otherwise prepared:

Other:

1902 20 91

Cooked

1902 20 99

Other

1902 30

Other pasta

1902 40

Couscous:

1902 40 90

Other

1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals (other than maize (corn)) in grain form or in the form of flakes or other worked grains (except flour, groats and meal), pre-cooked or otherwise prepared, not elsewhere specified or included

ex 1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

1905 10 00

Crispbread

1905 20

Gingerbread and the like

Sweet biscuits; waffles and wafers:

1905 31

Sweet biscuits

1905 32

Waffles and wafers

1905 40

Rusks, toasted bread and similar toasted products

1905 90

Other:

Other:

1905 90 45

Biscuits

1905 90 55

Extruded or expanded products, savoury or salted

Other:

1905 90 60

with added sweetening matter

1905 90 90

Other

ex 2004

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006:

2004 10

Potatoes:

Other:

2004 10 91

In the form of flour, meal or flakes

ex 2005

Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006:

2005 20

Potatoes:

2005 20 10

In the form of flour, meal or flakes

2105 00

Ice cream and other edible ice, whether or not containing cocoa

ex 2106

Food preparations not elsewhere specified or included:

2106 90

Other:

Other:

2106 90 92

Containing no milkfats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch

2106 90 98

Other

ex 2202

Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit and vegetable juices of heading 2009:

2202 90

Other:

Other, containing by weight of fat obtained from the products of headings 0401 to 0404:

2202 90 91

Less than 0,2 %

2202 90 95

0,2 % or more but less than 2 %

2202 90 99

2 % or more

ex 2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirit drinks:

2208 70

Liqueurs and cordials

2208 90

Other:

Other spirits and spirit drinks, in containers holding:

2 litres or less:

Other:

2208 90 69

Other spirit drinks

More than 2 litres:

2208 90 78

Other spirit drinks

ex 3302

Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages:

3302 10

Of a kind used in the food or drink industries:

Of a kind used in the drink industries:

Preparations containing all flavouring agents characterising a beverage:

Other:

3302 10 29

Other

3501

Casein, caseinates and other casein derivatives; casein glues

ex 3502

Albumins, (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives:

3502 20

Milk albumin, including concentrates of two or more whey proteins:

Other:

3502 20 91

Dried (for example in sheets, scales, flakes, powder)

3502 20 99

Other

Part V:   Eggs

| CN code | Description |
| --- | --- |
| ex 0403 10 51 to
  ex 0403 10 99 and
  ex 0403 90 71 to
  ex 0403 90 99 | Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, flavoured or containing added fruit, nuts or cocoa, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa. |
| 1806 | Chocolate and other food preparations containing cocoa |
| ex 1901 | Food preparations of goods of headings 0401 to 0404, containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included |
| 1902 11 00 | Uncooked pasta, not stuffed or otherwise prepared, containing eggs |
| ex 1904 | Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals(other than maize (corn)), in grain form or in the form of flakes or other worked grains (except flour, groats and meal), precooked or otherwise prepared, not elsewhere specified or included, containing cocoa |
| ex 1905 | Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products: |
| 1905 20 | Gingerbread and the like |
| 1905 31 | Sweet biscuits |
| 1905 32 | Waffles and wafers |
| 1905 40 | Rusks, toasted bread and similar toasted products |
| ex 1905 90 | Other, with the exception of products falling within subheading codes 1905 90 10 to 1905 90 30 |
| ex 2105 00 | Ice cream and other edible ice, containing cocoa |
| 2208 | Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirit drinks: |
| ex 2208 70 | Liqueurs |
| 3502 | Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives: |
| 3502 11 90 | Other dried egg albumin |
| 3502 19 90 | Other egg albumin |

CN code

Description

ex 0403 10 51 to

ex 0403 10 99 and

ex 0403 90 71 to

ex 0403 90 99

Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, flavoured or containing added fruit, nuts or cocoa, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit, nuts or cocoa.

1806

Chocolate and other food preparations containing cocoa

ex 1901

Food preparations of goods of headings 0401 to 0404, containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included

1902 11 00

Uncooked pasta, not stuffed or otherwise prepared, containing eggs

ex 1904

Prepared foods obtained by the swelling or roasting of cereals or cereal products (for example, corn flakes); cereals(other than maize (corn)), in grain form or in the form of flakes or other worked grains (except flour, groats and meal), precooked or otherwise prepared, not elsewhere specified or included, containing cocoa

ex 1905

Bread, pastry, cakes, biscuits and other bakers' wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products:

1905 20

Gingerbread and the like

1905 31

Sweet biscuits

1905 32

Waffles and wafers

1905 40

Rusks, toasted bread and similar toasted products

ex 1905 90

Other, with the exception of products falling within subheading codes 1905 90 10 to 1905 90 30

ex 2105 00

Ice cream and other edible ice, containing cocoa

2208

Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80 % vol; spirits, liqueurs and other spirit drinks:

ex 2208 70

Liqueurs

3502

Albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter), albuminates and other albumin derivatives:

3502 11 90

Other dried egg albumin

3502 19 90

Other egg albumin

Wednesday 4 July 2012ANNEX XVIII

LIST OF CERTAIN GOODS CONTAINING SUGAR FOR THE PURPOSE OF THE GRANTING OF EXPORT REFUNDS REFERRED TO IN SECTION II OF CHAPTER III OF PART III

The products listed in point (b) of Part X of Annex I.

Wednesday 4 July 2012ANNEX XIX

| in 1000 EUR |
| --- |
| Budget year | 2009 | 2010 | From 2011 onwards |
| BG | — | — | — |
| CZ | — | — | — |
| DE | — | — | — |
| EL | — | — | — |
| ES | 15 491 | 30 950 | 46 441 |
| FR | 11 849 | 23 663 | 35 512 |
| IT | 13 160 | 26 287 | 39 447 |
| CY | — | — | — |
| LT | — | — | — |
| LU | — | — | — |
| HU | — | — | — |
| MT | — | — | — |
| AT | — | — | — |
| PT | — | — | — |
| RO | — | — | — |
| SI | — | 1 050 | 1 050 |
| SK | — | — | — |
| UK | 160 | 160 | 160 |

in 1000 EUR

Budget year

2009

2010

From 2011 onwards

BG

—

—

—

CZ

—

—

—

DE

—

—

—

EL

—

—

—

ES

15 491

30 950

46 441

FR

11 849

23 663

35 512

IT

13 160

26 287

39 447

CY

—

—

—

LT

—

—

—

LU

—

—

—

HU

—

—

—

MT

—

—

—

AT

—

—

—

PT

—

—

—

RO

—

—

—

SI

—

1 050

1 050

SK

—

—

—

UK

160

160

160

Wednesday 4 July 2012ANNEX XX

CORRELATION TABLE REFERRED TO IN ARTICLE 325(3)

| Regulation (EC) No 1234/2007 | This Regulation |
| --- | --- |
| Article 1 | Article 1 |
| Article 2 | Article 2 |
| Article 3 | Article 3 |
| Article 4 | — |
| Article 5 | Articles 4 and 5 |
| Article 6 | Article 6 |
| Article 7 | Article 7 |
| Article 8 | Article 8 |
| Article 9 | Article 9 |
| Article 10 | Article 10 |
| Article 11 | Article 11 |
| Article 12 | Article 12 |
| Article 13 | Article 13 |
| Article 14 | — |
| Article 15 | — |
| Article 16 | — |
| Article 17 | — |
| Article 18(1) to (4) | Article 14 |
| Article 18(5) | — |
| Article 19 | — |
| Article 20 | — |
| Article 21 | — |
| Article 22 | — |
| Article 23 | — |
| Article 24 | — |
| Article 25 | Article 15 |
| Article 26 | Article 16 |
| Article 27 | Article 17 |
| Article 28 | Article 20 |
| Article 29 | Article 21 |
| Article 30 | — |
| Article 31 | Article 22 |
| Article 32 | Article 23 |
| Article 33 | Article 24 |
| Article 34 | Article 25 |
| Article 35 | — |
| Article 36 | — |
| Article 37 | Article 26 |
| Article 38 | Article 27 |
| Article 39 | Article 28 |
| Article 40 | Article 29 |
| Article 41 | Article 30 |
| Article 42 | Article 34 |
| Article 43(a) to (f), (i), (j) and (l) | Articles 31, 32 and 33 |
| Article 43(k) | Article 30(1) |
| Article 43(g) and (h) | Article 80 |
| Article 43(m) | Articles 35 and 36 |
| Article 44 | Article 37 |
| Article 45 | Article 38 |
| Article 46 | Article 39 |
| Article 47 | Article 40 |
| Article 48 | Article 41 |
| Article 49 | Article 42 |
| Article 50 | Article 43 |
| Article 51 | Article 44 |
| Article 52 | Article 45 |
| Article 52a | — |
| Article 53 | Article 46 |
| Article 54 | Articles 47 and 48 |
| Article 55 | Article 49 |
| Article 56 | Article 50 |
| Article 57 | Article 51 |
| Article 58 | — |
| Article 59(1), first sentence | Article 52 |
| Article 59(1), second sentence and (2) | — |
| Article 60(1) to (3) | Article 53 |
| Article 60(4) | — |
| Article 61 | Article 54 |
| Article 62 | Article 55 |
| Article 63 | Article 56 |
| Article 64 | Article 57 |
| Article 65 | Article 58 |
| Article 66(1) | Article 59(1) |
| Article 66(2) | Article 59(2) |
| Article 66(3) | Article 59(3) |
| Article 66(4) | — |
| Article 66(5) | Article 59(4) |
| | Article 59(5) |
| Article 67 | Article 60 |
| Article 68 | Article 61 |
| Article 69 | Article 62(1) and (2) |
| | Article 62(3) |
| Article 70(1) to (5), first subparagraph | Article 63 |
| Article 70(5), last subparagraph | — |
| Article 71 | Article 64 |
| Article 72 | Article 65 |
| Article 73 | Article 66 |
| Article 74 | Article 67 |
| Article 75 | Article 68 |
| Article 76 | Article 69 |
| Article 77 | Article 70 |
| Article 78 | Article 71 |
| Article 79 | Article 72 |
| Article 80 | Article 73(1) |
| Article 81 | Article 74 |
| Article 82, first subparagraph | Article 75 |
| Article 82, second subparagraph | Article 81(i) |
| Article 83(1) to (3) | Article 76 |
| Article 83(4) | Article 81(d) |
| Article 84 | Article 77 |
| Article 84a | [Article 325(2)] |
| Article 85(a), (b) and (c) | Articles 78 and 79 |
| Article 85(d) | — |
| | Article 80 |
| | Article 81 |
| Article 85a | Article 82 |
| Article 85b | Article 83 |
| Article 85c | Article 84 |
| Article 85d | Article 85 |
| Article 85e | Articles 86 and 87 |
| Article 85f | Article 88 |
| Article 85g | Article 89 |
| Article 85h | Article 90 |
| Article 85i | Article 91 |
| Article 85j | Article 92 |
| Article 85k | Article 93 |
| Article 85l | Article 94 |
| Article 85m | Article 95 |
| Article 85n | Articles 96 and 97 |
| Articles 85o to 85x | [Article 325(2)] |
| Articles 86 to 90 | [Article 325(2)] |
| Article 91 to 95 | [Article 325(2)] |
| Article 95a | [Article 325(2)] |
| Article 96 | — |
| Article 97 | Article 99 |
| Article 98 | Article 100 |
| Article 99 | Articles 101, 103 and 104 |
| Article 100 | Articles 102, 103 and 104 |
| Article 101 | — |
| Article 102 | Articles 108, 109 and 110 |
| Article 102a | Articles 111, 112 and 113 |
| Article 103 | Articles 114, 115 and 116 |
| Article 103a | Articles 117, 118 and 119 |
| Article 103b | Article 120 |
| Article 103c | Article 121 |
| Article 103d | Article 122 |
| Article 103e | Article 123 |
| Article 103f | Article 124 |
| Article 103g | Article 125 |
| Article 103ga | Article 128 |
| Article 103h(a) to (i) | Articles 126 and 127 |
| Article 103h(f) | Articles 129 and 130 |
| Article 103i | Article 131 |
| Article 103j | Article 132 |
| Article 103k | Article 133 |
| Article 103l | Article 134 |
| Article 103m | Article 135 |
| Article 103n | Article 136 |
| Article 103o | Article 137 |
| Article 103p | Article 138 |
| Article 103q | Article 139 |
| Article 103r | Article 140 |
| Article 103s | Article 141 |
| Article 103t | Article 142 |
| Article 103u | Article 143 |
| Article 103v | Article 144 |
| Articles 103w to 103y | [Article 325(2)] |
| Article 103z | Article 145 |
| Article 103za | Articles 146 and 147 |
| Article 104 | — |
| Article 105 | Article 148 |
| Article 106 | Article 149 |
| Article 107 | Article 150 |
| Article 108 | Article 151 |
| Article 109 | Article 152 |
| Article 110 | Articles 153 and 154 |
| Article 111 | Article 155(1), (2) and (4) |
| [Council Regulation (EEC) No 922/72] | Article 155(3) |
| Article 112 | Articles 156 and 157 |
| Article 113(1) | Articles 162(1) and (2) and 172(d) |
| Article 113(2)(a) | Article 162(3) |
| Article 113(2)(b) | Article 162(2) |
| Article 113(3) first sub-paragraph | Article 161 |
| Article113(3) second sub-paragraph | Article 171 |
| Article 113a | [Article 325(2)] |
| Article 113b(1) | Article 163(1) in conjunction with Annex XII, Part I |
| Article 113b(2) | Annex XII, Part I(II)(4) |
| Article 113c | Article 98 |
| Article 113d(1) first sub-paragraph | Article 163(2) |
| Article 113d(1) second sub-paragraph | Annex XII, Part II(1) fifth sub-paragraph |
| Article 113d(2) | Article 163(3) |
| Article 113d(3) | Article 167 |
| Article 114 | [Article 325(2)] |
| Article 115 | [Article 325(2)] |
| Article 116 | [Article 325(2)] |
| Article 117(1) to (4) | [Article 325(2)] |
| Article 117(5) | Article 162(1) |
| Article 118 | Article 163(2) in conjunction with Annex XII, Part VII first and second subparagraphs |
| Article 118a | Article 173 |
| Article 118b | Article 174 |
| Article 118c | Article 175 |
| Article 118d | Article 176 |
| Article 118e | Article 177 |
| Article 118f | Article 178 |
| Article 118g | Article 179 |
| Article 118h | Article 180 |
| Article 118i | Article 181 |
| Article 118j | Article 182 |
| Article 118k | Article 183 |
| Article 118l | Article 184 |
| Article 118m | Article 185 |
| Article 118n | Article 186 |
| Article 118o | Article 187 |
| Article 118p | Article 188 |
| Article 118q | Article 189 |
| Article 118r | Article 190 |
| Article 118s | Article 191 |
| Article 118t | Article 192 |
| Article 118u | Article 196 |
| Article 118v | Article 197 |
| Article 118w | Article 201 |
| Article 118x | Article 202 |
| Article 118y | Article 203 |
| Article 118z | Article 204 |
| Article 118za | Article 205 |
| Article 118zb | Article 206 |
| Article 119 | Article 105(1) |
| Article 120 | Articles 162(2)(e) and (g) and 172(d) |
| Article 120a | Article 166 |
| Article 120b | — |
| Article 120c | Article 165(2) |
| Article 120d | Article 168(2) |
| Article 120e(1) | Articles 162(2)(g) and (n) and 172(d) |
| Article 120e(2) | Article 168(3) |
| Article 120f | Article 165(3) |
| Article 120g | Articles 165(1) and 172(d) |
| Article 121(a)(i) | Articles 162(1) and 172(d) |
| Article 121(a)(ii) | Articles 162(2)(d) and 172(d) |
| Article 121(a)(iii) | Articles 161 and 169 |
| Article 121(a)(iv) | Articles 163(2) and 172(d) |
| Article 121(b)(i) | Article 172(b) and (c) |
| Article 121(b)(ii) | Articles 163(3) and 172(b) and (c) |
| Article 121 (c) (i) | Article 172(b) and (c) |
| Article 121 (c) (ii) | Article 172(d) |
| Article 121(c)(iii) | Article 172(d) |
| Article 121(c) (iv) | Articles 162(2)(u) and 172(d) |
| Article 121(d)(i) | Articles 162(2)(a) and 172(d) |
| Article 121(d)(ii) | Articles 162(2)(k) and 172(d) |
| Article 121(d)(iii) | Articles 162(2)(e) and 172(d) |
| Article 121(d)(iv) | Articles 162(2)(b) and 172(d) |
| Article 121(d)(v) | Articles 162(2)(d) and 172(d) |
| Article 121(d)(vi) | Articles 179 and 172(i) |
| Article 121(d)(vii) | Articles 162(2)(g) and 172(d) |
| Article 121(e)(i) | Articles 162(2)(a) and 172(d) |
| Article 121(e)(ii) | Articles 162(2)(a) and 172(d) |
| Article 121(e)(iii) | Articles 162(2)(b) and 172(d) |
| Article 121(e)(iv) | Articles 162(2)(d) and (p) and 172(d) |
| Article 121(e)(v) | Articles 162(2)(d), (g) and (i) and 172(d) |
| Article 121(e)(vi) | Articles 162(1) and (2)(s) and 172(d) |
| Article 121(e)(vii) | Articles 162(2)(m) and (n) and 172(d) |
| Article 121(f)(i) | Articles 162(2)(a) and 172(d) |
| Article 121(f)(ii) | Articles 162(2)(a) and 172(d) |
| Article 121(f)(iii) | Articles 162(2)(d), 169 and 172(d) |
| Article 121(f)(iv) | Articles 162(2)(p) and 172(d) |
| Article 121(f)(v) | Articles 162(2)(o) and 172(d) |
| Article 121(f)(vi) | Articles 162(2)(u) and 172(d) |
| Article 121(f)(vii) | Articles 162(2)(p) and 172(d) |
| Article 121(g) | Articles 162(2)(e) and 172(d) |
| Article 121(h) | Article 172(d) |
| Article 121(i) | Articles 106 and 107 |
| Article 121(j)(i) | Articles 162(2)(d) and 172(d) |
| Article 121(j)(ii) | Articles 169 and 172(d) |
| Article 121(k) | Articles 193, 194 and 195 |
| Article 121(l) | Articles 198, 199 and 200 |
| Article 121(m) | Articles 207 and 208 |
| Article 121(2) | Articles 162(3) and 172(b) and (c) |
| Article 121(3) | Articles 162(2)(g) and 172(d) |
| Article 121(4)(a) | — |
| Article 121(4)(b) | Article 162(2)(g) and (n) |
| Article 121(4)(c) | Article 162(2)(g) and (n) |
| Article 121(4)(d) | Article 162(2)(h) |
| Article 121(4)(e) | Article 162(2)(f) |
| Article 121(4)(f) | Article 162(2)(g) |
| Article 121(4)(g) | Article 162(2)(s) |
| Article 122 | Article 209 |
| | Article 209(a)(iv) |
| Article 123 | Article 210(1),(2) and (3) |
| | Article 210(4) |
| Article 124 | Article 211 |
| Article 125 | Article 212 |
| Article 125a | Article 213 |
| Article 125b | Article 214 |
| Article 125c | Article 215 |
| Article 125d | Article 216 |
| Article 125e | Article 217 |
| Article 125f | Article 218 |
| Article 125g | Article 219 |
| Article 125h | Article 220 |
| Article 125i | Article 221 |
| Article 125j | Article 222 |
| Article 125k | Article 223 |
| Article 125l | Article 224 |
| Article 125m | Article 225 |
| Article 125n | Article 226 |
| Article 125o | Article 227 |
| Article 126 | Article 228 |
| | Article 229 |
| Article 127 | Article 230 |
| Article 128 | Article 231 |
| Article 129 | Article 232 |
| Article 130 | Article 233 |
| Article 131 | Article 234 |
| Article 132 | Article 235 |
| Article 133 | Article 236 |
| Article 133a | Article 237 |
| Article 134 | Articles 238 and 239 |
| Article 135 | Article 240 |
| Article 136 | Article 241 |
| Article 137 | Article 242 |
| Article 138 | Article 243 |
| Article 139 | Article 244 |
| Article 140 | Article 245 |
| Article 140a | Article 246 |
| Article 141 | Article 247 |
| Article 142 | Article 248 |
| Article 143 | Articles 249 and 250 |
| Article 144 | Article 251 |
| Article 145 | Article 254(1)(a) |
| Article 146 | Article 252 |
| Article 147 | — |
| Article 148 | Articles 253, 254 and 255 |
| Article 149 | Article 256 |
| Article 150 | Article 257 |
| Article 151 | Article 258 |
| Article 152 | Article 259 |
| Article 153(1), (2) and (3) | Article 260 |
| Article 153(4) | — |
| Article 154 | — |
| Article 155 | — |
| Article 156 | Articles261 and 262 |
| Article 157 | Article 263 |
| Article 158 | Article 264 |
| Article 158a | Articles 170 and 172 |
| Article 159 | Article 265 |
| Article 160 | Article 266 |
| Article 161 | Articles 267, 268, 269 and 270 |
| Article 162 | Article 271 |
| Article 163 | Article 272 |
| Article 164(1) and (2) | Article 273 |
| Article 164(3) and (4) | [Article 43(3) Reg] |
| Article 165 | [Article 43(3) Reg] |
| Article 166 | [Article 43(3) Reg] |
| Article 167 | Article 274 |
| Article 168 | Article 275 |
| Article 169 | Article 276 |
| Article 170 | Article 277 and 278 |
| Article 171 | Article 279 |
| Article 172 | Article 280 |
| Article 173 | Article 281 |
| Article 174 | Article 282 |
| Article 175 | Article 283 |
| Article 176 | Article 284 |
| Article 176a | Article 285 |
| Article 177 | Article 286 |
| | Article 287 |
| Article 178 | Article 288 |
| Article 179 | Article 289 |
| Article 180 | Article 290 |
| Article 181 | Article 291(1) |
| Article 182(1) | Article 292 |
| Article 182(2) | — |
| Article 182(3) | Article 293 |
| Article 182(4) | Article 294 |
| Article 182(5) | Article 295 |
| Article 182(6) | Article 296 |
| Article 182(7) | Article 291(2) |
| Article 182a | Article 297 |
| Article 183 | Article 309 |
| | Article 310 |
| | Article 311 |
| Article 184 | Article 302(1) to (7) |
| | Article 302(8) |
| Article 185 | Article 303 |
| Article 185a | Article 304 |
| Article 185b | Article 305 |
| Article 185c | Article 306 |
| Article 185d | Article 307 |
| Article 186 | Article 298 |
| Article 187 | Article 299 |
| Article 188 | Articles 300 and 301 |
| Article 188a(1), (2), (5), (6) and (7) | Article 302 |
| Article 188a(3) and (4) | [Article 325(2)] |
| Article 189 | Article 312 |
| Article 190 | Article 313 |
| Article 190a | Article 314 |
| Article 191 | Article 315 |
| Article 192 | Article 316 |
| Article 193 | Article 317 |
| Article 194 | Article 318 |
| Article 194a | Article 319 |
| | Article 320 |
| | Article 321 |
| | Article 322 |
| Article 195 | Article 323 |
| Article 196 | Article 324 |
| Article 197 | — |
| Article 198 | — |
| Article 199 | — |
| Article 200 | — |
| Article 201 | Article 325 |
| | Article 326 |
| Article 202 | — |
| Article 203 | — |
| Article 203a | Article 327 |
| Article 203b | Article 328 |
| Article 204 | Article 329 |
| Annex I | Annex I |
| Annex II | Annex II |
| Annex III | Annex III |
| Annex IV | Annex IV |
| Annex V | Annex V |
| Annex VI | Annex VI |
| Annex VII | — |
| Annex VIIa | — |
| Annex VIIb | — |
| Annex VIIc | — |
| Annex VIII | Annex VII |
| Annex IX | Annex VIII |
| Annex X | Annex IX |
| Annex Xa | — |
| Annex Xb | Annex X |
| Annex Xc | Annex XIX |
| Annex Xd | — |
| Annex Xe | — |
| Annex XI | — |
| | Annex XI |
| Annex XIa(I) | Annex XII, Part I(I) first sub-paragraph |
| Annex XIa(II) first sub-paragraph | Annex XII, Part I(I) second sub-paragraph |
| Annex XIa(II) second sub-paragraph | — |
| Annex XIa(III)(1) | Annex XII first paragraph |
| Annex XIa(III)(2) | Annex XII, Part II(1) |
| Annex XIa(III)(3) | Annex XII, Part II(2) |
| Annex XIa(III)(4) | Annex XII, Part II(3) |
| Annex XIa((IV) to (IX) | [Article 325(2)] |
| Annex XIb | Annex XII, Part II |
| Appendix to Annex XIb | Appendix to Annex XII, Part II |
| Annex XII(I) | — |
| Annex XII(II)(1) | Annex XII, Part III(1) |
| Annex XII(II)(2) | Annex XII, Part III(2) |
| Annex XII(II)(3) | Annex XII, Part III(3) |
| Annex XII(II)(4) | Annex XII, Part III(4) |
| Annex XII(III)(1) | Annex XII, Part III(5) |
| Annex XII(III)(2) | Annex XII, Part III(6) |
| Annex XII(IV)(1) | Article 172(b) and (c) |
| Annex XII(IV)(2) | [Article 325(2)] |
| Annex XIII(I) | Annex XII, Part IV(I) |
| Annex XIII(II) | Annex XII, Part IV(II) |
| Annex XIII(III) | Annex XII, Part IV(III) |
| Annex XIII(IV) | Articles 161 and 163(2) |
| Annex XIII(V) | — |
| Annex XIII(VI) first sub-paragraph | — |
| Annex XIII(VI) second sub-paragraph | [Article 325(2)] |
| Annex XIV(A) | Articles 162(1), (2)(b) and (d), 169 and 172(d) |
| Annex XIV(B)(I)(1) | Annex XII, PartV(I) |
| Annex XIV(B)(I)(2) and (3) | Articles 162(1) and 172(d) |
| Annex XIV(B)(II) | Annex XII, PartV(II) |
| Annex XIV (B)(III) and (C) | [Article 325(2)] |
| Annex XV(I)(1) | Annex XII, Part VI first sub-paragraph |
| Annex XV(I)(2) first and second sub-paragraphs | Annex XII, PartVI second and third sub-paragraph |
| Annex XV(I)(2) third sub-paragraph | Annex XII, Part VI sixthsub-paragraph |
| Annex XV(II),(III) and (VI) | [Article 325(2)] |
| Annex XV(IV)(1) | Article 168(1) |
| Annex XV(IV)(2) and (3) | [Article 325(2)] |
| Annex XV(V) | Articles 161 and 163(2) |
| Annex XV(VI) | [Article 325(2)] |
| Appendix to Annex XV | Annex XII, Part VI seventh sub-paragraph |
| Annex XVa | Annex XIII, Part I |
| Annex XVb | Annex XIII, Part II |
| Annex XVI | Annex XII, Part VII |
| Annex XVIa | Annex XIV |
| Annex XVII | Annex XV |
| Annex XVIII | Annex XVI |
| Annex XIX | — |
| Annex XX | Annex XVII |
| Annex XXI | Annex XVIII |
| Annex XXII | — |
| | Annex XX |

Regulation (EC) No 1234/2007

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 3

Article 3

Article 4

—

Article 5

Articles 4 and 5

Article 6

Article 6

Article 7

Article 7

Article 8

Article 8

Article 9

Article 9

Article 10

Article 10

Article 11

Article 11

Article 12

Article 12

Article 13

Article 13

Article 14

—

Article 15

—

Article 16

—

Article 17

—

Article 18(1) to (4)

Article 14

Article 18(5)

—

Article 19

—

Article 20

—

Article 21

—

Article 22

—

Article 23

—

Article 24

—

Article 25

Article 15

Article 26

Article 16

Article 27

Article 17

Article 28

Article 20

Article 29

Article 21

Article 30

—

Article 31

Article 22

Article 32

Article 23

Article 33

Article 24

Article 34

Article 25

Article 35

—

Article 36

—

Article 37

Article 26

Article 38

Article 27

Article 39

Article 28

Article 40

Article 29

Article 41

Article 30

Article 42

Article 34

Article 43(a) to (f), (i), (j) and (l)

Articles 31, 32 and 33

Article 43(k)

Article 30(1)

Article 43(g) and (h)

Article 80

Article 43(m)

Articles 35 and 36

Article 44

Article 37

Article 45

Article 38

Article 46

Article 39

Article 47

Article 40

Article 48

Article 41

Article 49

Article 42

Article 50

Article 43

Article 51

Article 44

Article 52

Article 45

Article 52a

—

Article 53

Article 46

Article 54

Articles 47 and 48

Article 55

Article 49

Article 56

Article 50

Article 57

Article 51

Article 58

—

Article 59(1), first sentence

Article 52

Article 59(1), second sentence and (2)

—

Article 60(1) to (3)

Article 53

Article 60(4)

—

Article 61

Article 54

Article 62

Article 55

Article 63

Article 56

Article 64

Article 57

Article 65

Article 58

Article 66(1)

Article 59(1)

Article 66(2)

Article 59(2)

Article 66(3)

Article 59(3)

Article 66(4)

—

Article 66(5)

Article 59(4)

Article 59(5)

Article 67

Article 60

Article 68

Article 61

Article 69

Article 62(1) and (2)

Article 62(3)

Article 70(1) to (5), first subparagraph

Article 63

Article 70(5), last subparagraph

—

Article 71

Article 64

Article 72

Article 65

Article 73

Article 66

Article 74

Article 67

Article 75

Article 68

Article 76

Article 69

Article 77

Article 70

Article 78

Article 71

Article 79

Article 72

Article 80

Article 73(1)

Article 81

Article 74

Article 82, first subparagraph

Article 75

Article 82, second subparagraph

Article 81(i)

Article 83(1) to (3)

Article 76

Article 83(4)

Article 81(d)

Article 84

Article 77

Article 84a

[Article 325(2)]

Article 85(a), (b) and (c)

Articles 78 and 79

Article 85(d)

—

Article 80

Article 81

Article 85a

Article 82

Article 85b

Article 83

Article 85c

Article 84

Article 85d

Article 85

Article 85e

Articles 86 and 87

Article 85f

Article 88

Article 85g

Article 89

Article 85h

Article 90

Article 85i

Article 91

Article 85j

Article 92

Article 85k

Article 93

Article 85l

Article 94

Article 85m

Article 95

Article 85n

Articles 96 and 97

Articles 85o to 85x

[Article 325(2)]

Articles 86 to 90

[Article 325(2)]

Article 91 to 95

[Article 325(2)]

Article 95a

[Article 325(2)]

Article 96

—

Article 97

Article 99

Article 98

Article 100

Article 99

Articles 101, 103 and 104

Article 100

Articles 102, 103 and 104

Article 101

—

Article 102

Articles 108, 109 and 110

Article 102a

Articles 111, 112 and 113

Article 103

Articles 114, 115 and 116

Article 103a

Articles 117, 118 and 119

Article 103b

Article 120

Article 103c

Article 121

Article 103d

Article 122

Article 103e

Article 123

Article 103f

Article 124

Article 103g

Article 125

Article 103ga

Article 128

Article 103h(a) to (i)

Articles 126 and 127

Article 103h(f)

Articles 129 and 130

Article 103i

Article 131

Article 103j

Article 132

Article 103k

Article 133

Article 103l

Article 134

Article 103m

Article 135

Article 103n

Article 136

Article 103o

Article 137

Article 103p

Article 138

Article 103q

Article 139

Article 103r

Article 140

Article 103s

Article 141

Article 103t

Article 142

Article 103u

Article 143

Article 103v

Article 144

Articles 103w to 103y

[Article 325(2)]

Article 103z

Article 145

Article 103za

Articles 146 and 147

Article 104

—

Article 105

Article 148

Article 106

Article 149

Article 107

Article 150

Article 108

Article 151

Article 109

Article 152

Article 110

Articles 153 and 154

Article 111

Article 155(1), (2) and (4)

[Council Regulation (EEC) No 922/72]

Article 155(3)

Article 112

Articles 156 and 157

Article 113(1)

Articles 162(1) and (2) and 172(d)

Article 113(2)(a)

Article 162(3)

Article 113(2)(b)

Article 162(2)

Article 113(3) first sub-paragraph

Article 161

Article113(3) second sub-paragraph

Article 171

Article 113a

[Article 325(2)]

Article 113b(1)

Article 163(1) in conjunction with Annex XII, Part I

Article 113b(2)

Annex XII, Part I(II)(4)

Article 113c

Article 98

Article 113d(1) first sub-paragraph

Article 163(2)

Article 113d(1) second sub-paragraph

Annex XII, Part II(1) fifth sub-paragraph

Article 113d(2)

Article 163(3)

Article 113d(3)

Article 167

Article 114

[Article 325(2)]

Article 115

[Article 325(2)]

Article 116

[Article 325(2)]

Article 117(1) to (4)

[Article 325(2)]

Article 117(5)

Article 162(1)

Article 118

Article 163(2) in conjunction with Annex XII, Part VII first and second subparagraphs

Article 118a

Article 173

Article 118b

Article 174

Article 118c

Article 175

Article 118d

Article 176

Article 118e

Article 177

Article 118f

Article 178

Article 118g

Article 179

Article 118h

Article 180

Article 118i

Article 181

Article 118j

Article 182

Article 118k

Article 183

Article 118l

Article 184

Article 118m

Article 185

Article 118n

Article 186

Article 118o

Article 187

Article 118p

Article 188

Article 118q

Article 189

Article 118r

Article 190

Article 118s

Article 191

Article 118t

Article 192

Article 118u

Article 196

Article 118v

Article 197

Article 118w

Article 201

Article 118x

Article 202

Article 118y

Article 203

Article 118z

Article 204

Article 118za

Article 205

Article 118zb

Article 206

Article 119

Article 105(1)

Article 120

Articles 162(2)(e) and (g) and 172(d)

Article 120a

Article 166

Article 120b

—

Article 120c

Article 165(2)

Article 120d

Article 168(2)

Article 120e(1)

Articles 162(2)(g) and (n) and 172(d)

Article 120e(2)

Article 168(3)

Article 120f

Article 165(3)

Article 120g

Articles 165(1) and 172(d)

Article 121(a)(i)

Articles 162(1) and 172(d)

Article 121(a)(ii)

Articles 162(2)(d) and 172(d)

Article 121(a)(iii)

Articles 161 and 169

Article 121(a)(iv)

Articles 163(2) and 172(d)

Article 121(b)(i)

Article 172(b) and (c)

Article 121(b)(ii)

Articles 163(3) and 172(b) and (c)

Article 121 (c) (i)

Article 172(b) and (c)

Article 121 (c) (ii)

Article 172(d)

Article 121(c)(iii)

Article 172(d)

Article 121(c) (iv)

Articles 162(2)(u) and 172(d)

Article 121(d)(i)

Articles 162(2)(a) and 172(d)

Article 121(d)(ii)

Articles 162(2)(k) and 172(d)

Article 121(d)(iii)

Articles 162(2)(e) and 172(d)

Article 121(d)(iv)

Articles 162(2)(b) and 172(d)

Article 121(d)(v)

Articles 162(2)(d) and 172(d)

Article 121(d)(vi)

Articles 179 and 172(i)

Article 121(d)(vii)

Articles 162(2)(g) and 172(d)

Article 121(e)(i)

Articles 162(2)(a) and 172(d)

Article 121(e)(ii)

Articles 162(2)(a) and 172(d)

Article 121(e)(iii)

Articles 162(2)(b) and 172(d)

Article 121(e)(iv)

Articles 162(2)(d) and (p) and 172(d)

Article 121(e)(v)

Articles 162(2)(d), (g) and (i) and 172(d)

Article 121(e)(vi)

Articles 162(1) and (2)(s) and 172(d)

Article 121(e)(vii)

Articles 162(2)(m) and (n) and 172(d)

Article 121(f)(i)

Articles 162(2)(a) and 172(d)

Article 121(f)(ii)

Articles 162(2)(a) and 172(d)

Article 121(f)(iii)

Articles 162(2)(d), 169 and 172(d)

Article 121(f)(iv)

Articles 162(2)(p) and 172(d)

Article 121(f)(v)

Articles 162(2)(o) and 172(d)

Article 121(f)(vi)

Articles 162(2)(u) and 172(d)

Article 121(f)(vii)

Articles 162(2)(p) and 172(d)

Article 121(g)

Articles 162(2)(e) and 172(d)

Article 121(h)

Article 172(d)

Article 121(i)

Articles 106 and 107

Article 121(j)(i)

Articles 162(2)(d) and 172(d)

Article 121(j)(ii)

Articles 169 and 172(d)

Article 121(k)

Articles 193, 194 and 195

Article 121(l)

Articles 198, 199 and 200

Article 121(m)

Articles 207 and 208

Article 121(2)

Articles 162(3) and 172(b) and (c)

Article 121(3)

Articles 162(2)(g) and 172(d)

Article 121(4)(a)

—

Article 121(4)(b)

Article 162(2)(g) and (n)

Article 121(4)(c)

Article 162(2)(g) and (n)

Article 121(4)(d)

Article 162(2)(h)

Article 121(4)(e)

Article 162(2)(f)

Article 121(4)(f)

Article 162(2)(g)

Article 121(4)(g)

Article 162(2)(s)

Article 122

Article 209

Article 209(a)(iv)

Article 123

Article 210(1),(2) and (3)

Article 210(4)

Article 124

Article 211

Article 125

Article 212

Article 125a

Article 213

Article 125b

Article 214

Article 125c

Article 215

Article 125d

Article 216

Article 125e

Article 217

Article 125f

Article 218

Article 125g

Article 219

Article 125h

Article 220

Article 125i

Article 221

Article 125j

Article 222

Article 125k

Article 223

Article 125l

Article 224

Article 125m

Article 225

Article 125n

Article 226

Article 125o

Article 227

Article 126

Article 228

Article 229

Article 127

Article 230

Article 128

Article 231

Article 129

Article 232

Article 130

Article 233

Article 131

Article 234

Article 132

Article 235

Article 133

Article 236

Article 133a

Article 237

Article 134

Articles 238 and 239

Article 135

Article 240

Article 136

Article 241

Article 137

Article 242

Article 138

Article 243

Article 139

Article 244

Article 140

Article 245

Article 140a

Article 246

Article 141

Article 247

Article 142

Article 248

Article 143

Articles 249 and 250

Article 144

Article 251

Article 145

Article 254(1)(a)

Article 146

Article 252

Article 147

—

Article 148

Articles 253, 254 and 255

Article 149

Article 256

Article 150

Article 257

Article 151

Article 258

Article 152

Article 259

Article 153(1), (2) and (3)

Article 260

Article 153(4)

—

Article 154

—

Article 155

—

Article 156

Articles261 and 262

Article 157

Article 263

Article 158

Article 264

Article 158a

Articles 170 and 172

Article 159

Article 265

Article 160

Article 266

Article 161

Articles 267, 268, 269 and 270

Article 162

Article 271

Article 163

Article 272

Article 164(1) and (2)

Article 273

Article 164(3) and (4)

[Article 43(3) Reg]

Article 165

[Article 43(3) Reg]

Article 166

[Article 43(3) Reg]

Article 167

Article 274

Article 168

Article 275

Article 169

Article 276

Article 170

Article 277 and 278

Article 171

Article 279

Article 172

Article 280

Article 173

Article 281

Article 174

Article 282

Article 175

Article 283

Article 176

Article 284

Article 176a

Article 285

Article 177

Article 286

Article 287

Article 178

Article 288

Article 179

Article 289

Article 180

Article 290

Article 181

Article 291(1)

Article 182(1)

Article 292

Article 182(2)

—

Article 182(3)

Article 293

Article 182(4)

Article 294

Article 182(5)

Article 295

Article 182(6)

Article 296

Article 182(7)

Article 291(2)

Article 182a

Article 297

Article 183

Article 309

Article 310

Article 311

Article 184

Article 302(1) to (7)

Article 302(8)

Article 185

Article 303

Article 185a

Article 304

Article 185b

Article 305

Article 185c

Article 306

Article 185d

Article 307

Article 186

Article 298

Article 187

Article 299

Article 188

Articles 300 and 301

Article 188a(1), (2), (5), (6) and (7)

Article 302

Article 188a(3) and (4)

[Article 325(2)]

Article 189

Article 312

Article 190

Article 313

Article 190a

Article 314

Article 191

Article 315

Article 192

Article 316

Article 193

Article 317

Article 194

Article 318

Article 194a

Article 319

Article 320

Article 321

Article 322

Article 195

Article 323

Article 196

Article 324

Article 197

—

Article 198

—

Article 199

—

Article 200

—

Article 201

Article 325

Article 326

Article 202

—

Article 203

—

Article 203a

Article 327

Article 203b

Article 328

Article 204

Article 329

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III

Annex IV

Annex IV

Annex V

Annex V

Annex VI

Annex VI

Annex VII

—

Annex VIIa

—

Annex VIIb

—

Annex VIIc

—

Annex VIII

Annex VII

Annex IX

Annex VIII

Annex X

Annex IX

Annex Xa

—

Annex Xb

Annex X

Annex Xc

Annex XIX

Annex Xd

—

Annex Xe

—

Annex XI

—

Annex XI

Annex XIa(I)

Annex XII, Part I(I) first sub-paragraph

Annex XIa(II) first sub-paragraph

Annex XII, Part I(I) second sub-paragraph

Annex XIa(II) second sub-paragraph

—

Annex XIa(III)(1)

Annex XII first paragraph

Annex XIa(III)(2)

Annex XII, Part II(1)

Annex XIa(III)(3)

Annex XII, Part II(2)

Annex XIa(III)(4)

Annex XII, Part II(3)

Annex XIa((IV) to (IX)

[Article 325(2)]

Annex XIb

Annex XII, Part II

Appendix to Annex XIb

Appendix to Annex XII, Part II

Annex XII(I)

—

Annex XII(II)(1)

Annex XII, Part III(1)

Annex XII(II)(2)

Annex XII, Part III(2)

Annex XII(II)(3)

Annex XII, Part III(3)

Annex XII(II)(4)

Annex XII, Part III(4)

Annex XII(III)(1)

Annex XII, Part III(5)

Annex XII(III)(2)

Annex XII, Part III(6)

Annex XII(IV)(1)

Article 172(b) and (c)

Annex XII(IV)(2)

[Article 325(2)]

Annex XIII(I)

Annex XII, Part IV(I)

Annex XIII(II)

Annex XII, Part IV(II)

Annex XIII(III)

Annex XII, Part IV(III)

Annex XIII(IV)

Articles 161 and 163(2)

Annex XIII(V)

—

Annex XIII(VI) first sub-paragraph

—

Annex XIII(VI) second sub-paragraph

[Article 325(2)]

Annex XIV(A)

Articles 162(1), (2)(b) and (d), 169 and 172(d)

Annex XIV(B)(I)(1)

Annex XII, PartV(I)

Annex XIV(B)(I)(2) and (3)

Articles 162(1) and 172(d)

Annex XIV(B)(II)

Annex XII, PartV(II)

Annex XIV (B)(III) and (C)

[Article 325(2)]

Annex XV(I)(1)

Annex XII, Part VI first sub-paragraph

Annex XV(I)(2) first and second sub-paragraphs

Annex XII, PartVI second and third sub-paragraph

Annex XV(I)(2) third sub-paragraph

Annex XII, Part VI sixthsub-paragraph

Annex XV(II),(III) and (VI)

[Article 325(2)]

Annex XV(IV)(1)

Article 168(1)

Annex XV(IV)(2) and (3)

[Article 325(2)]

Annex XV(V)

Articles 161 and 163(2)

Annex XV(VI)

[Article 325(2)]

Appendix to Annex XV

Annex XII, Part VI seventh sub-paragraph

Annex XVa

Annex XIII, Part I

Annex XVb

Annex XIII, Part II

Annex XVI

Annex XII, Part VII

Annex XVIa

Annex XIV

Annex XVII

Annex XV

Annex XVIII

Annex XVI

Annex XIX

—

Annex XX

Annex XVII

Annex XXI

Annex XVIII

Annex XXII

—

Annex XX

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/519 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/519

---

Wednesday 4 July 2012Financing of the common agricultural policy ***I

P7_TA(2012)0281

European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008 (COM(2010)0745 – C7-0429/2010 – 2010/0365(COD))

2013/C 349 E/26

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0745), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0745),

| — | having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0429/2010), |
| --- | --- |

—

having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0429/2010),

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

—

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

| — | having regard to the reasoned opinion submitted within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality by the Polish Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
| --- | --- |

—

having regard to the reasoned opinion submitted within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality by the Polish Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

| — | having regard to the other contributions submitted by the Italian Senate, the Portuguese Parliament and the Romanian Chamber of Deputies with regard to the draft legislative act, |
| --- | --- |

—

having regard to the other contributions submitted by the Italian Senate, the Portuguese Parliament and the Romanian Chamber of Deputies with regard to the draft legislative act,

| — | having regard to the opinion of the European Economic and Social Committee of 4 May 2011 (1) |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 4 May 2011 (1)

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A7-0209/2011), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A7-0209/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 218, 23.7.2011, p. 124.

---

Wednesday 4 July 2012P7_TC1-COD(2010)0365

Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Regulation (EC) No 1290/2005 (3) confers competence on the Commission to adopt detailed rules for the application of that Regulation. |
| --- | --- |

(1)

Council Regulation (EC) No 1290/2005 (3) confers competence on the Commission to adopt detailed rules for the application of that Regulation.

| (2) | As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1290/2005 upon the Commission need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). |
| --- | --- |

(2)

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1290/2005 upon the Commission need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU).

| (3) | The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 1290/2005. The elements for which that power may be exercised and the conditions to which that delegation must be subject should be defined.

  In order to ensure the proper functioning of the regime established by Regulation (EC) No 1290/2005, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing or amending certain of its non-essential elements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 1] |
| --- | --- |

(3)

The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 1290/2005. The elements for which that power may be exercised and the conditions to which that delegation must be subject should be defined.

  In order to ensure the proper functioning of the regime established by Regulation (EC) No 1290/2005, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing or amending certain of its non-essential elements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 1]

| (4) | In order to guarantee a

  ensure
  uniform application

  conditions for the implementation
  of Regulation (EC) No 1290/2005 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No xxx/xxx of the European Parliament and the Council on...
   (4)

  , implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers

   (4). [Am. 2] |
| --- | --- |

(4)

In order to guarantee a

  ensure
  uniform application

  conditions for the implementation
  of Regulation (EC) No 1290/2005 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No xxx/xxx of the European Parliament and the Council on...
   (4)

  , implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers

   (4). [Am. 2]

| (5) | Some of the provisions on the financing of the common agricultural policy adopted previously by the Commission relating to the competences conferred by Regulation (EC) No 1290/2005 should be included in that Regulation. These provisions concern the rules on the assignment of certain sums and amounts which constitute revenue payable to the budget of the Union provided for in the accounts kept in accordance with Commission Regulation (EC) No 883/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD (5). |
| --- | --- |

(5)

Some of the provisions on the financing of the common agricultural policy adopted previously by the Commission relating to the competences conferred by Regulation (EC) No 1290/2005 should be included in that Regulation. These provisions concern the rules on the assignment of certain sums and amounts which constitute revenue payable to the budget of the Union provided for in the accounts kept in accordance with Commission Regulation (EC) No 883/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD (5).

| (6) | In the light of the experience gained with the application of the rules on expenditure financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD), some of the provisions relating to the financing of the actions provided for by Council Regulation (EC) No 165/94 of 24 January 1994 concerning the co-financing by the Community of remote-sensing checks (6) and by Council Regulation (EC) No 78/2008 of 21 January 2008 on the measures to be undertaken by the Commission in 2008–2013 making use of the remote-sensing applications developed within the framework of the common agricultural policy (7) should be incorporated into Regulation (EC) No 1290/2005. Consequently, Regulation (EC) No 165/94 and Regulation (EC) No 78/2008 should be repealed. However, the article on the report to be submitted by the Commission should continue to apply. |
| --- | --- |

(6)

In the light of the experience gained with the application of the rules on expenditure financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD), some of the provisions relating to the financing of the actions provided for by Council Regulation (EC) No 165/94 of 24 January 1994 concerning the co-financing by the Community of remote-sensing checks (6) and by Council Regulation (EC) No 78/2008 of 21 January 2008 on the measures to be undertaken by the Commission in 2008–2013 making use of the remote-sensing applications developed within the framework of the common agricultural policy (7) should be incorporated into Regulation (EC) No 1290/2005. Consequently, Regulation (EC) No 165/94 and Regulation (EC) No 78/2008 should be repealed. However, the article on the report to be submitted by the Commission should continue to apply.

| (7) | The purpose of the actions undertaken by the Commission via the remote-sensing application and the acquisition and improvement of satellite images by the Commission is to provide the means to manage and monitor agricultural markets. In order to comply with this objective, the Commission should have the power to adopt implementing acts relating to acquisition conditions and procedures and the provision to Member States of the results of remote-sensing actions. |
| --- | --- |

(7)

The purpose of the actions undertaken by the Commission via the remote-sensing application and the acquisition and improvement of satellite images by the Commission is to provide the means to manage and monitor agricultural markets. In order to comply with this objective, the Commission should have the power to adopt implementing acts relating to acquisition conditions and procedures and the provision to Member States of the results of remote-sensing actions.

| (8) | In order to ensure uniform operation of the coordinating bodies of the Member States, referred to in Article 6 of Regulation (EC) No 1290/2005, the Commission should have the power to adopt implementing acts relating to the operating rules of these bodies and the communication of information to the Commission in particular. |
| --- | --- |

(8)

In order to ensure uniform operation of the coordinating bodies of the Member States, referred to in Article 6 of Regulation (EC) No 1290/2005, the Commission should have the power to adopt implementing acts relating to the operating rules of these bodies and the communication of information to the Commission in particular.

| (9) | To enable the Commission to validate the financing plan for each rural development programme and to provide for any changes to it, the Commission should have the power to adopt implementing acts in connection with the conditions applying to the content and amendment of the financing plan. |
| --- | --- |

(9)

To enable the Commission to validate the financing plan for each rural development programme and to provide for any changes to it, the Commission should have the power to adopt implementing acts in connection with the conditions applying to the content and amendment of the financing plan.

| (10) | Notifications of information by the Member States to the Commission must enable it to use the information sent directly and as effectively as possible for the management of EAGF and EAFRD accounts and the relevant payments, as well as for conducting the account clearance procedure and the conformity clearance procedure. The Commission should have the power to adopt implementing acts relating to the declaration of expenditure, annual accounts, statement of assurance, declaration on public storage, information systems for the exchange of information and documents, as well as the rules on their conservation. |
| --- | --- |

(10)

Notifications of information by the Member States to the Commission must enable it to use the information sent directly and as effectively as possible for the management of EAGF and EAFRD accounts and the relevant payments, as well as for conducting the account clearance procedure and the conformity clearance procedure. The Commission should have the power to adopt implementing acts relating to the declaration of expenditure, annual accounts, statement of assurance, declaration on public storage, information systems for the exchange of information and documents, as well as the rules on their conservation.

| (11) | The obligation relating to the keeping of accounts by paying agencies takes the form of detailed data required for the management of the funds and their supervision. To enable Member States and paying agencies to comply with this obligation by following harmonised rules, the Commission should have the power to adopt implementing acts relating to the accounting framework for intervention measures in the form of public storage operations referred to in Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage and the accounting of public storage operations by the paying agencies of the Member States (8), as well as other expenditure financed by the EAGF and the EAFRD referred to in Regulation (EC) No 883/2006. |
| --- | --- |

(11)

The obligation relating to the keeping of accounts by paying agencies takes the form of detailed data required for the management of the funds and their supervision. To enable Member States and paying agencies to comply with this obligation by following harmonised rules, the Commission should have the power to adopt implementing acts relating to the accounting framework for intervention measures in the form of public storage operations referred to in Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage and the accounting of public storage operations by the paying agencies of the Member States (8), as well as other expenditure financed by the EAGF and the EAFRD referred to in Regulation (EC) No 883/2006.

| (12) | To guarantee the sound management of financial flows, particularly since Member States provide funds to cover the expenditure required, the Commission should have the power to adopt implementing acts relating to the making available of funds to the Member States, taking account of the specific management models applying to the EAGF and the EAFRD. |
| --- | --- |

(12)

To guarantee the sound management of financial flows, particularly since Member States provide funds to cover the expenditure required, the Commission should have the power to adopt implementing acts relating to the making available of funds to the Member States, taking account of the specific management models applying to the EAGF and the EAFRD.

| (13) | On the occasion of this amendment to Regulation (EC) No 1290/2005, the objective of which is to align that Regulation with the procedures provided for under the Treaty of Lisbon, some provisions in some language versions should be updated in order to incorporate the terminology used in the Treaty. |
| --- | --- |

(13)

On the occasion of this amendment to Regulation (EC) No 1290/2005, the objective of which is to align that Regulation with the procedures provided for under the Treaty of Lisbon, some provisions in some language versions should be updated in order to incorporate the terminology used in the Treaty.

| (14) | Regulation (EC) No 1290/2005 should therefore be amended accordingly, |
| --- | --- |

(14)

Regulation (EC) No 1290/2005 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1290/2005 is amended as follows:

| (1) | Article 3 is amended as follows:






  (a) | In paragraph 2 the following point is added:






  "(ea) | until 31 December 2013, the action taken by the Commission via remote-sensing applications to provide the Commission with the means to manage agricultural markets;"; |
| --- | --- | --- | --- |

(1)

Article 3 is amended as follows:

(a)

In paragraph 2 the following point is added:

"(ea)

until 31 December 2013, the action taken by the Commission via remote-sensing applications to provide the Commission with the means to manage agricultural markets;";

| (b) | In paragraph 3, the second subparagraph is replaced by the following:
  "The respective charges and costs shall be calculated and set by the Commission by implementing act in accordance with the procedure referred to in Article 42d(3) (advisory procedure).". |
| --- | --- |

(b)

In paragraph 3, the second subparagraph is replaced by the following:

"The respective charges and costs shall be calculated and set by the Commission by implementing act in accordance with the procedure referred to in Article 42d(3) (advisory procedure).".

| (2) | In Article 5, the following point is inserted:






  "(aa) | the acquisition by the Commission of the satellite images required for the checks, the list for which is drawn up with each Member State in accordance with the terms of reference prepared by them, for use by the Commission or for delivery free of charge to supervisory bodies or service providers appointed by them where the Commission shall remain the proprietor of the images, as well as work on enhancing techniques and working methods in connection with the inspection of agricultural areas by remote-sensing;". |
| --- | --- | --- |

(2)

In Article 5, the following point is inserted:

"(aa)

the acquisition by the Commission of the satellite images required for the checks, the list for which is drawn up with each Member State in accordance with the terms of reference prepared by them, for use by the Commission or for delivery free of charge to supervisory bodies or service providers appointed by them where the Commission shall remain the proprietor of the images, as well as work on enhancing techniques and working methods in connection with the inspection of agricultural areas by remote-sensing;".

| (3) | Article 6 is amended as follows:






  (a) | In paragraph 3, the following subparagraph is added:
  "The Commission shall adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) the rules governing the operation of the coordinating body referred to in the first and second subparagraphs and the notification of information to the Commission.". |
| --- | --- | --- |

(3)

Article 6 is amended as follows:

(a)

In paragraph 3, the following subparagraph is added:

"The Commission shall adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) the rules governing the operation of the coordinating body referred to in the first and second subparagraphs and the notification of information to the Commission.".

| (b) | The following paragraphs are added:
  "5.   To ensure the sound operation of the system provided for in paragraphs 1 to 4, the Commission shall determine by delegated act in accordance with the procedure referred to in Article 42a:






  (a) | minimum conditions for the accreditation of paying agencies with regard to the internal environment, inspection activities, information and communication, and monitoring, as well as rules on the procedure for issuing and withdrawing accreditation; |
| --- | --- | --- |

(b)

The following paragraphs are added:

"5.   To ensure the sound operation of the system provided for in paragraphs 1 to 4, the Commission shall determine by delegated act in accordance with the procedure referred to in Article 42a:

(a)

minimum conditions for the accreditation of paying agencies with regard to the internal environment, inspection activities, information and communication, and monitoring, as well as rules on the procedure for issuing and withdrawing accreditation;

| (b) | rules relating to supervision and the procedure for reviewing accreditation of paying agencies; |
| --- | --- |

(b)

rules relating to supervision and the procedure for reviewing accreditation of paying agencies;

| (c) | minimum conditions for the accreditation of coordination bodies as well as rules on the procedure for issuing and withdrawing accreditation. |
| --- | --- |

(c)

minimum conditions for the accreditation of coordination bodies as well as rules on the procedure for issuing and withdrawing accreditation.

6.   To ensure the sound completion of the tasks provided for under paragraph 1 in the context of public storage operations, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a rules pertaining to:

| (a) | the scope of the responsibility and obligations of paying agencies, the conditions under which the execution of tasks may be delegated to third-party public or private bodies; |
| --- | --- |

(a)

the scope of the responsibility and obligations of paying agencies, the conditions under which the execution of tasks may be delegated to third-party public or private bodies;

| (b) | the obligation for paying agencies to establish an inventory for each product and to inspect the stocks of products under the public intervention scheme, as well as the conditions applicable to the inspections.". |
| --- | --- |

(b)

the obligation for paying agencies to establish an inventory for each product and to inspect the stocks of products under the public intervention scheme, as well as the conditions applicable to the inspections.".

| (4) | Article 7 is amended as follows:






  (a) | The existing text becomes paragraph 1; |
| --- | --- | --- |

(4)

Article 7 is amended as follows:

(a)

The existing text becomes paragraph 1;

| (b) | The following paragraph is added:
  "2.   To ensure the suitability of the work of certifying bodies for use by the Commission in the account clearance procedure, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a rules on the designation and responsibilities of these agencies.". |
| --- | --- |

(b)

The following paragraph is added:

"2.   To ensure the suitability of the work of certifying bodies for use by the Commission in the account clearance procedure, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a rules on the designation and responsibilities of these agencies.".

| (5) | In Article 9 the following paragraph is inserted:
  "4.   In order to ensure correct and efficient application of the controls provided for in this article, the Commission may define by delegated act specific obligations to be complied with by the Member States.". |
| --- | --- |

(5)

In Article 9 the following paragraph is inserted:

"4.   In order to ensure correct and efficient application of the controls provided for in this article, the Commission may define by delegated act specific obligations to be complied with by the Member States.".

| (6) | Article 15 is amended as follows:






  (a) | Not applicable to the English version. |
| --- | --- | --- |

(6)

Article 15 is amended as follows:

(a)

Not applicable to the English version.

| (b) | Paragraph 2 is replaced by the following text:
  "2.   The Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) regarding the monthly payments which it makes, on the basis of a declaration of expenditure from the Member States and the information supplied in accordance with Article 8(1), taking account of any reductions or suspensions applied under Articles 17 and 17a.". |
| --- | --- |

(b)

Paragraph 2 is replaced by the following text:

"2.   The Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) regarding the monthly payments which it makes, on the basis of a declaration of expenditure from the Member States and the information supplied in accordance with Article 8(1), taking account of any reductions or suspensions applied under Articles 17 and 17a.".

| (7) | Article 16 is amended as follows:






  (a) | The existing text becomes paragraph 1; |
| --- | --- | --- |

(7)

Article 16 is amended as follows:

(a)

The existing text becomes paragraph 1;

| (b) | The following paragraph is added:
  "2.   In order to make the financial impact proportional to the payment delay observed, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a rules on the reduction of payments in relation to the duration of the payment overrun.". |
| --- | --- |

(b)

The following paragraph is added:

"2.   In order to make the financial impact proportional to the payment delay observed, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a rules on the reduction of payments in relation to the duration of the payment overrun.".

| (8) | Not applicable to the English version. |
| --- | --- |

(8)

Not applicable to the English version.

| (9) | Not applicable to the English version. |
| --- | --- |

(9)

Not applicable to the English version.

| (10) | Article 18(4) is replaced by the following text:
  "4.   If by 30 June in any year the Council has not set the adjustments referred to in Article 11(1) of Council Regulation (EC) No 73/2009 (9)

  have not been set
  , the Commission shall set those adjustments by implementing act
  and shall inform the European Parliament and the Council of them immediately. Those implementing acts shall be adopted
  in accordance with the
  advisory
  procedure referred to in Article 42d(3) (advisory procedure) of this Regulation and shall inform the Council of them immediately. [Am. 3] |
| --- | --- |

(10)

Article 18(4) is replaced by the following text:

"4.   If by 30 June in any year the Council has not set the adjustments referred to in Article 11(1) of Council Regulation (EC) No 73/2009 (9)

  have not been set
  , the Commission shall set those adjustments by implementing act
  and shall inform the European Parliament and the Council of them immediately. Those implementing acts shall be adopted
  in accordance with the
  advisory
  procedure referred to in Article 42d(3) (advisory procedure) of this Regulation and shall inform the Council of them immediately. [Am. 3]

| (11) | Article 19 is amended as follows:






  (a) | Paragraphs 1, 2 and 3 are replaced by the following text:
  "1.   The Commission shall present to the European Parliament and to the Council, at the same time as the draft budget for financial year N, its forecasts for financial years N - 1, N and N + 1.
  It shall simultaneously present an analysis of the differences observed between the initial forecasts and actual expenditure for financial years N - 2 and N - 3.
  2.   If, on drawing up the draft budget for financial year N, there appears to be a risk that the net balance referred to in Article 12(3) for financial year N will be exceeded, taking account of the margin provided for in Article 11 of Regulation (EC) No 73/2009, the Commission shall propose to the Council the measures necessary, including those required under Article 11(2) of Regulation (EC) No 73/2009. [Am. 4]

  3.   At any time, if the Commission considers that there is a risk of the net balance referred to in Article 12(3) being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that balance. These measures shall be adopted by the Council or the European Parliament and the Council

  in accordance with Article 43(2) TFEU
  ."; [Am. 5] |
| --- | --- | --- |

(11)

Article 19 is amended as follows:

(a)

Paragraphs 1, 2 and 3 are replaced by the following text:

"1.   The Commission shall present to the European Parliament and to the Council, at the same time as the draft budget for financial year N, its forecasts for financial years N - 1, N and N + 1.

It shall simultaneously present an analysis of the differences observed between the initial forecasts and actual expenditure for financial years N - 2 and N - 3.

2.   If, on drawing up the draft budget for financial year N, there appears to be a risk that the net balance referred to in Article 12(3) for financial year N will be exceeded, taking account of the margin provided for in Article 11 of Regulation (EC) No 73/2009, the Commission shall propose to the Council the measures necessary, including those required under Article 11(2) of Regulation (EC) No 73/2009. [Am. 4]

3.   At any time, if the Commission considers that there is a risk of the net balance referred to in Article 12(3) being exceeded and that it cannot take adequate measures to remedy the situation under its powers, it shall propose other measures to ensure compliance with that balance. These measures shall be adopted by the Council or the European Parliament and the Council

  in accordance with Article 43(2) TFEU
  ."; [Am. 5]

| (b) | In paragraph 4, point (c) is replaced by the following text:






  "(c) | set, by implementing act in accordance with the procedure laid down in Article 42d(3) (advisory procedure), the total amount of Union financing broken down by Member State, on the basis of a single rate of Union financing, within the limit of the budget which was available for the monthly payments;". |
| --- | --- | --- |

(b)

In paragraph 4, point (c) is replaced by the following text:

"(c)

set, by implementing act in accordance with the procedure laid down in Article 42d(3) (advisory procedure), the total amount of Union financing broken down by Member State, on the basis of a single rate of Union financing, within the limit of the budget which was available for the monthly payments;".

| (12) | Article 21 is amended as follows:






  (a) | Paragraph 1 is replaced by the following:
  "1.   When adopting the draft budget, or a letter of amendment to the draft budget which concerns agricultural expenditure, the Commission shall use for EAGF budget estimates the average euro/US dollar exchange rate recorded on the market during the latest quarter ending at least 20 days before adoption of the budget document by the Commission."; |
| --- | --- | --- |

(12)

Article 21 is amended as follows:

(a)

Paragraph 1 is replaced by the following:

"1.   When adopting the draft budget, or a letter of amendment to the draft budget which concerns agricultural expenditure, the Commission shall use for EAGF budget estimates the average euro/US dollar exchange rate recorded on the market during the latest quarter ending at least 20 days before adoption of the budget document by the Commission.";

| (b) | In paragraph 2, the introductory sentence is replaced by the following text:
  "2.   When adopting a draft amending and supplementary budget or a letter of amendment thereto, in so far as those documents concern appropriations relating to the measures referred to in Article 3(1)(a) and (b), the Commission shall use:". |
| --- | --- |

(b)

In paragraph 2, the introductory sentence is replaced by the following text:

"2.   When adopting a draft amending and supplementary budget or a letter of amendment thereto, in so far as those documents concern appropriations relating to the measures referred to in Article 3(1)(a) and (b), the Commission shall use:".

| (13) | In Title II, the following Article is added:

  "Article 21a


  Measures linked to remote sensing

  1.   The purpose of the measures funded pursuant to Article 3(2)(ea) is to ensure agri-economic monitoring of agricultural land and of the condition of crops, to enable estimates to be made, in particular as regards yields and agricultural production, to promote access to the estimates, and to ensure technological follow-up of the agri-meteorological system.
  The actions primarily involve the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, creation of a spatial data infrastructure and a website, carrying out specific studies on climatic conditions and updating agri-meteorological and econometric models.
  2.   The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) rules relating to the financing referred to in Article 3(2)(ea) and in Article 5(aa), the conditions under which remote-sensing measures shall be carried out in order to meet the objectives assigned, the conditions governing the acquisition, enhancing and utilisation of satellite images and meteorological data, and the deadlines applicable.". |
| --- | --- |

(13)

In Title II, the following Article is added:

"Article 21a

Measures linked to remote sensing

1.   The purpose of the measures funded pursuant to Article 3(2)(ea) is to ensure agri-economic monitoring of agricultural land and of the condition of crops, to enable estimates to be made, in particular as regards yields and agricultural production, to promote access to the estimates, and to ensure technological follow-up of the agri-meteorological system.

The actions primarily involve the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, creation of a spatial data infrastructure and a website, carrying out specific studies on climatic conditions and updating agri-meteorological and econometric models.

2.   The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) rules relating to the financing referred to in Article 3(2)(ea) and in Article 5(aa), the conditions under which remote-sensing measures shall be carried out in order to meet the objectives assigned, the conditions governing the acquisition, enhancing and utilisation of satellite images and meteorological data, and the deadlines applicable.".

| (14) | In Chapter 1 of Title III, the following Article is inserted:

  "Article 23a


  Implementing powers

  The Commission shall lay down by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) of this Regulation the conditions relating to the content, presentation and amendment of the financing plan as provided for under Article 16 of Council Regulation (EC) No 1698/2005 (10). |
| --- | --- |

(14)

In Chapter 1 of Title III, the following Article is inserted:

"Article 23a

Implementing powers

The Commission shall lay down by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) of this Regulation the conditions relating to the content, presentation and amendment of the financing plan as provided for under Article 16 of Council Regulation (EC) No 1698/2005 (10).

| (15) | Not applicable to the English version. |
| --- | --- |

(15)

Not applicable to the English version.

| (16) | Not applicable to the English version. |
| --- | --- |

(16)

Not applicable to the English version.

| (16a) | In Article 29, the following paragraph is inserted:




  "1a.
     
  For Member States which have opted to organise their rural development programmes on a regional basis, the calculation of the amount to be automatically decommitted may be made at the level of the Member State.". [Am. 6] |
| --- | --- |

(16a)

In Article 29, the following paragraph is inserted:

"1a.
     
  For Member States which have opted to organise their rural development programmes on a regional basis, the calculation of the amount to be automatically decommitted may be made at the level of the Member State.". [Am. 6]

| (17) | Article 30 is replaced by the following text:

  "Article 30


  Clearance of accounts

  1.   Prior to 30 April of the year following the budget year in question, the Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) concerning the clearance of the accounts of the accredited paying agencies, on the basis of the information transmitted in accordance with Article 8(1)(c)(iii).
  2   The clearance decision referred to in paragraph 1 shall cover the completeness, accuracy and veracity of the annual accounts submitted. The decision shall be adopted without prejudice to decisions taken subsequently under Article 31." |
| --- | --- |

(17)

Article 30 is replaced by the following text:

"Article 30

Clearance of accounts

1.   Prior to 30 April of the year following the budget year in question, the Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) concerning the clearance of the accounts of the accredited paying agencies, on the basis of the information transmitted in accordance with Article 8(1)(c)(iii).

2   The clearance decision referred to in paragraph 1 shall cover the completeness, accuracy and veracity of the annual accounts submitted. The decision shall be adopted without prejudice to decisions taken subsequently under Article 31."

| (18) | Article 31 is amended as follows:






  (a) | Paragraph 1 is replaced by the following text:
  "1.   The Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) regarding the amounts to be excluded from Union financing when it finds that expenditure as indicated in Article 3(1) and Article 4 has been incurred in a way that has infringed the Union's rules."; |
| --- | --- | --- |

(18)

Article 31 is amended as follows:

(a)

Paragraph 1 is replaced by the following text:

"1.   The Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) regarding the amounts to be excluded from Union financing when it finds that expenditure as indicated in Article 3(1) and Article 4 has been incurred in a way that has infringed the Union's rules.";

| (b) | Paragraph 3, first subparagraph, is replaced by the following:
  "3.   Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken.". |
| --- | --- |

(b)

Paragraph 3, first subparagraph, is replaced by the following:

"3.   Before the adoption of any decision to refuse financing, the findings from the Commission's inspection and the Member State's replies shall be notified in writing, following which the two parties shall attempt to reach agreement on the action to be taken.".

| (19) | In Chapter 1 of Title IV, the following Article is inserted:

  "Article 31a


  Delegated powers

  In order to ensure the smooth running of the account clearance procedure and of the conformity clearance procedure, the Commission shall adopt by delegated act in accordance with to the procedure referred to in Article 42a rules regarding the measures to be taken in connection with the adoption of the decisions referred to under Articles 30 and 31 and their implementation, as well as the rules regarding the conciliation procedure referred to in Article 31(3), second subparagraph, including the establishment, tasks and composition of a conciliation body and its working arrangements.". |
| --- | --- |

(19)

In Chapter 1 of Title IV, the following Article is inserted:

"Article 31a

Delegated powers

In order to ensure the smooth running of the account clearance procedure and of the conformity clearance procedure, the Commission shall adopt by delegated act in accordance with to the procedure referred to in Article 42a rules regarding the measures to be taken in connection with the adoption of the decisions referred to under Articles 30 and 31 and their implementation, as well as the rules regarding the conciliation procedure referred to in Article 31(3), second subparagraph, including the establishment, tasks and composition of a conciliation body and its working arrangements.".

| (20) | Article 32 is amended as follows:






  (a) | In paragraph 4, the introductory phrase is replaced by the following text:
  "After the procedure laid down in Article 31 has been followed, the Commission may decide to charge the sums to be recovered to the Member State:"; |
| --- | --- | --- |

(20)

Article 32 is amended as follows:

(a)

In paragraph 4, the introductory phrase is replaced by the following text:

"After the procedure laid down in Article 31 has been followed, the Commission may decide to charge the sums to be recovered to the Member State:";

| (b) | Not applicable to the English version; |
| --- | --- |

(b)

Not applicable to the English version;

| (c) | In paragraph 8, the introductory phrase is replaced by the following text:
  "Following completion of the procedure laid down in Article 31, the Commission may decide to exclude from Community financing sums charged to the Community budget in the following cases:". |
| --- | --- |

(c)

In paragraph 8, the introductory phrase is replaced by the following text:

"Following completion of the procedure laid down in Article 31, the Commission may decide to exclude from Community financing sums charged to the Community budget in the following cases:".

| (21) | Article 33 is amended as follows:






  (a) | In paragraph 5, the introductory phrase is replaced by the following:
  "After the procedure laid down in Article 31 has been followed, the Commission may decide to charge the sums to be recovered to the Member State:"; |
| --- | --- | --- |

(21)

Article 33 is amended as follows:

(a)

In paragraph 5, the introductory phrase is replaced by the following:

"After the procedure laid down in Article 31 has been followed, the Commission may decide to charge the sums to be recovered to the Member State:";

| (b) | Paragraph 7 is replaced by the following text:
  "7.   A Member State may decide to halt the recovery procedure under the conditions laid down in Article 32(6).". |
| --- | --- |

(b)

Paragraph 7 is replaced by the following text:

"7.   A Member State may decide to halt the recovery procedure under the conditions laid down in Article 32(6).".

| (22) | Article 34 is amended as follows:






  (a) | In paragraph 1, the following points are added:






  "(d) | sums payable to the Union's budget which have been collected as a consequence of penalties or sanctions in accordance with the specific rules laid down in sectoral agricultural legislation; |
| --- | --- | --- | --- |

(22)

Article 34 is amended as follows:

(a)

In paragraph 1, the following points are added:

"(d)

sums payable to the Union's budget which have been collected as a consequence of penalties or sanctions in accordance with the specific rules laid down in sectoral agricultural legislation;

| (e) | amounts corresponding to reductions or exclusions of payments applied in accordance with the rules on cross-compliance laid down in Chapter 1 of Title II of Regulation (EC) No 73/2009."; |
| --- | --- |

(e)

amounts corresponding to reductions or exclusions of payments applied in accordance with the rules on cross-compliance laid down in Chapter 1 of Title II of Regulation (EC) No 73/2009.";

| (b) | The following paragraph is added:
  "4   Articles 150 and 151 of Regulation (EC, Euratom) No 1605/2002 shall apply mutatis mutandis to the keeping of accounts on assigned revenue referred to in this Regulation.". |
| --- | --- |

(b)

The following paragraph is added:

"4   Articles 150 and 151 of Regulation (EC, Euratom) No 1605/2002 shall apply mutatis mutandis to the keeping of accounts on assigned revenue referred to in this Regulation.".

| (23) | In Chapter 2 of Title IV, the following Article is inserted:

  "Article 35a


  Delegated powers

  1.   In order to ensure correct and efficient application of the provisions relating to recovery set out in Articles 32 and 33, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a specific obligations to be complied with by the Member States.
  2.   In order to take account of revenue collected by paying agencies for the Union's budget when making payments on the basis of the expenditure declarations submitted by Member States, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a the conditions under which certain types of expenditure and revenue under the EAGF and the EAFRD are to be offset.". |
| --- | --- |

(23)

In Chapter 2 of Title IV, the following Article is inserted:

"Article 35a

Delegated powers

1.   In order to ensure correct and efficient application of the provisions relating to recovery set out in Articles 32 and 33, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a specific obligations to be complied with by the Member States.

2.   In order to take account of revenue collected by paying agencies for the Union's budget when making payments on the basis of the expenditure declarations submitted by Member States, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a the conditions under which certain types of expenditure and revenue under the EAGF and the EAFRD are to be offset.".

| (24) | In Chapter 3 of Title IV, the following Article is inserted:

  "Article 37a


  Delegated powers

  To ensure the efficiency of the tasks entrusted to the Commission under Articles 36 and 37, the Commission may define by delegated act in accordance with the procedure referred to under Article 42a rules regarding the cooperation obligations to be complied with by the Member States.". |
| --- | --- |

(24)

In Chapter 3 of Title IV, the following Article is inserted:

"Article 37a

Delegated powers

To ensure the efficiency of the tasks entrusted to the Commission under Articles 36 and 37, the Commission may define by delegated act in accordance with the procedure referred to under Article 42a rules regarding the cooperation obligations to be complied with by the Member States.".

| (25) | The following Articles are inserted:

  "Article 40a


  Delegated powers

  1.   With a view to ensuring the proper management of the appropriations entered in the budget of the Union for the EAGF and the EAFRD, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:






  (a) | the obligation for paying agencies to keep accounts, as well as the specific conditions applying to the information to be booked in the accounts; |
| --- | --- | --- |

(25)

The following Articles are inserted:

"Article 40a

Delegated powers

1.   With a view to ensuring the proper management of the appropriations entered in the budget of the Union for the EAGF and the EAFRD, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:

(a)

the obligation for paying agencies to keep accounts, as well as the specific conditions applying to the information to be booked in the accounts;

| (b) | the valuation of operations in connection with public storage and the measures to be taken in case of loss or deterioration of products under the intervention scheme in the form of public storage and the determination of amounts to be financed. |
| --- | --- |

(b)

the valuation of operations in connection with public storage and the measures to be taken in case of loss or deterioration of products under the intervention scheme in the form of public storage and the determination of amounts to be financed.

2.   In order to ensure the funding by the EAGF of expenditure relating to intervention measures in the form of public storage, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:

| (a) | the type of expenditure likely to be eligible for Union financing and the reimbursement conditions; |
| --- | --- |

(a)

the type of expenditure likely to be eligible for Union financing and the reimbursement conditions;

| (b) | the eligibility conditions and calculation methods on the basis of the information actually observed by the paying agencies or on the basis of flat-rates determined by the Commission, or on the basis of flat-rate or non-flat-rate amounts provided for by sectoral agricultural legislation. |
| --- | --- |

(b)

the eligibility conditions and calculation methods on the basis of the information actually observed by the paying agencies or on the basis of flat-rates determined by the Commission, or on the basis of flat-rate or non-flat-rate amounts provided for by sectoral agricultural legislation.

3.   In order to verify the consistency of the data notified by the Member States in relation to the expenditure or other information provided for in this Regulation, and to ensure compliance with the obligation to notify pursuant to Article 8, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a the conditions governing the reduction and suspension of payment to Member States, with regard to expenditure under the EAGF and the EAFRD respectively.

4.   If the Union's budget has not been adopted by the beginning of the financial year or if the total amount of the commitments scheduled exceeds the threshold laid down in Article 150(3) of Regulation (EC, Euratom) No 1605/2002, in order to enable the equitable distribution of the appropriations available between the Member States, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a arrangements for the payment of the amounts.

5.   To avoid the application, by the Member States which do not form part of the euro zone, of different exchange rates in accounts of revenue received or aid paid to beneficiaries in a currency other than the euro, on the one hand, and in the establishment of the declaration of expenditure drawn up by the paying agency, on the other, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules on the exchange rate applicable when declarations of expenditure are drawn up and public storage operations recorded in the accounts of the paying agency.

6.   In order to ensure transparent use of the EAGF and the EAFRD and uniform publication by the Member States in accordance with Article 44a, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:

| (a) | the content and format of the information to be published; |
| --- | --- |

(a)

the content and format of the information to be published;

| (b) | the publication date and the information conditions for beneficiaries; |
| --- | --- |

(b)

the publication date and the information conditions for beneficiaries;

| (c) | the methods of communication and cooperation between the Commission and the Member States. |
| --- | --- |

(c)

the methods of communication and cooperation between the Commission and the Member States.

Article 40b

Implementing powers

1.   The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) rules pertaining to:

| (a) | the form, content, intervals, deadlines and arrangements for transmitting or making available to the Commission:






  (i) | declarations of expenditure and estimates of expenditure and their updates, including assigned revenue, |
| --- | --- | --- |

(a)

the form, content, intervals, deadlines and arrangements for transmitting or making available to the Commission:

(i)

declarations of expenditure and estimates of expenditure and their updates, including assigned revenue,

| (ii) | the statement of assurance and annual accounts of the paying agencies, |
| --- | --- |

(ii)

the statement of assurance and annual accounts of the paying agencies,

| (iii) | the account certification reports, |
| --- | --- |

(iii)

the account certification reports,

| (iv) | the names and particulars of accredited paying agencies, accredited coordinating bodies and certification bodies, |
| --- | --- |

(iv)

the names and particulars of accredited paying agencies, accredited coordinating bodies and certification bodies,

| (v) | arrangements for taking account of and paying expenditure financed by the EAGF and the EAFRD, |
| --- | --- |

(v)

arrangements for taking account of and paying expenditure financed by the EAGF and the EAFRD,

| (vi) | notifications of financial adjustments made by Member States in connection with rural development operations or programmes, and summary reports on the recovery procedures undertaken by the Member States in response to irregularities, |
| --- | --- |

(vi)

notifications of financial adjustments made by Member States in connection with rural development operations or programmes, and summary reports on the recovery procedures undertaken by the Member States in response to irregularities,

| (vii) | information on the measures taken pursuant to Article 9; |
| --- | --- |

(vii)

information on the measures taken pursuant to Article 9;

| (b) | the arrangements governing exchanges of information and documents between the Commission and the Member States, and the implementation of information systems, including the type, format and content of data to be processed by these systems and the corresponding data storage rules; |
| --- | --- |

(b)

the arrangements governing exchanges of information and documents between the Commission and the Member States, and the implementation of information systems, including the type, format and content of data to be processed by these systems and the corresponding data storage rules;

| (c) | detailed rules on the financing and accounting of intervention measures in the form of public storage, and other expenditure financed by the EAGF and the EAFRD; |
| --- | --- |

(c)

detailed rules on the financing and accounting of intervention measures in the form of public storage, and other expenditure financed by the EAGF and the EAFRD;

| (d) | the terms and conditions governing the implementation of the automatic decommitment procedure. |
| --- | --- |

(d)

the terms and conditions governing the implementation of the automatic decommitment procedure.

2.   The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(3) (advisory procedure) the terms and conditions applicable to appropriations carried over in accordance with Article 149(3) of Regulation (EC, Euratom) No 1605/2002 in order to finance the expenditure referred to under Article 3(1)(c) of this Regulation.".

| (26) | Articles 41 and 42 are deleted. |
| --- | --- |

(26)

Articles 41 and 42 are deleted.

| (27) | The following Articles 42a, 42b, 42c and 42d are inserted:

  "Article 42a


  Exercise of the delegation

  1.   The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time

  subject to the conditions laid down in this Article
  .

  2.   As soon as it adopts a delegated act, the Commission shall simultaneously notify the European Parliament and the Council that it has done so.


  3.   The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 42b and 42c.

  The delegation of power referred to in Articles 6(5), 6(6), 7(2), 9(4), 16(2), 31(a), 35a(1), 35a(2), in Article 37a and in Article 40a(1-6) of this Regulation shall be conferred on the Commission for a period of five years from ... (11). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of this five years period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.




  3a.
     
  The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.




  3b.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.




  3c.
     
  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 7]



  Article 42b




  Revocation of the delegation



  1.   The delegation of power referred to in Article 42a may be revoked at any time by the European Parliament or by the Council.


  2.   The institution which has initiated an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable period of time before taking a final decision, indicating the delegated powers which could be subject to revocation and possible reasons for such revocation.


  3.   The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union
  . [Am. 8]



  Article 42c




  Objections to delegated acts



  1.   The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by one month.


  2.   If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.


  The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.


  3.   If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
  [Am. 9]


  Article 42d



  Implementing acts - committee

  Committee procedure

  1.   The Commission shall be assisted by the Committee on the Agricultural Funds.
  That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers

   (12).
  2.   When implementing acts are adopted pursuant

  Where reference is made
  to this paragraph, Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council)

  No 182/2011
  shall apply.(examination procedure)

  3.   When implementing acts are adopted pursuant

  Where reference is made
  to this paragraph, Article 4 of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council)

  No 182/2011
  shall apply.(advisory procedure).'

  [Am. 10] |
| --- | --- |

(27)

The following Articles 42a, 42b, 42c and 42d are inserted:

"Article 42a

Exercise of the delegation

1.   The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time

  subject to the conditions laid down in this Article
  .

2.   As soon as it adopts a delegated act, the Commission shall simultaneously notify the European Parliament and the Council that it has done so.

3.   The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 42b and 42c.

  The delegation of power referred to in Articles 6(5), 6(6), 7(2), 9(4), 16(2), 31(a), 35a(1), 35a(2), in Article 37a and in Article 40a(1-6) of this Regulation shall be conferred on the Commission for a period of five years from ... (11). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of this five years period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3a.
     
  The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3b.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3c.
     
  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 7]

Article 42b

Revocation of the delegation

1.   The delegation of power referred to in Article 42a may be revoked at any time by the European Parliament or by the Council.

2.   The institution which has initiated an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable period of time before taking a final decision, indicating the delegated powers which could be subject to revocation and possible reasons for such revocation.

3.   The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union
  . [Am. 8]

Article 42c

Objections to delegated acts

1.   The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by one month.

2.   If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.   If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
  [Am. 9]

Article 42d

Implementing acts - committee

  Committee procedure

1.   The Commission shall be assisted by the Committee on the Agricultural Funds.
  That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers

   (12).

2.   When implementing acts are adopted pursuant

  Where reference is made
  to this paragraph, Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council)

  No 182/2011
  shall apply.(examination procedure)

3.   When implementing acts are adopted pursuant

  Where reference is made
  to this paragraph, Article 4 of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council)

  No 182/2011
  shall apply.(advisory procedure).'

Article 2

Regulations (EC) No 165/94 and (EC) No 78/2008 are hereby repealed.

However, Article 4 of Regulation (EC) No 78/2008 shall continue to apply until 31 December 2013.

Article 3

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 218, 23.7.2011, p. 124.

1

(2)  Position of the European Parliament of 4 July 2012.

2

(3)  OJ L 209, 11.8.2005, p. 1.

3

(4)  OJ L [...], [...], p.[...].


  OJ L 55, 28.2.2011, p. 13.

4

OJ L [...], [...], p.[...].

OJ L 55, 28.2.2011, p. 13.

(5)  OJ L 171, 23.6.2006, p. 1.

5

(6)  OJ L 24, 29.1.1994, p. 6.

6

(7)  OJ L 25, 30.1.2008, p. 1.

7

(8)  OJ L 171, 23.6.2006, p. 35.

8

(9)  OJ L 30, 31.1.2009, p. 16.".

9

(10)  OJ L 277, 21.10.2005, p. 1.".

10

(11)

11

| + | Date of entry into force of this Regulation. |
| --- | --- |

+

Date of entry into force of this Regulation.

(12)  

  OJ L 55, 28.2.2011, p. 13."

12

OJ L 55, 28.2.2011, p. 13."

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/533 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/533

---

Wednesday 4 July 2012Organic production and labelling of organic products ***I

P7_TA(2012)0282

European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products (COM(2010)0759 – C7-0001/2011 – 2010/0364(COD))

2013/C 349 E/27

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0759), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0759),

| — | having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0001/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0001/2011),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 4 May 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 4 May 2011 (1),

| — | having regard to Rule 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A7-0215/2011), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A7-0215/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 218, 23.7.2011, p. 122.

---

Wednesday 4 July 2012P7_TC1-COD(2010)0364

Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Regulation (EC) No 834/2007 (3) confers powers on the Commission in order to implement some of the provisions of that Regulation. |
| --- | --- |

(1)

Council Regulation (EC) No 834/2007 (3) confers powers on the Commission in order to implement some of the provisions of that Regulation.

| (2) | As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the Commission under Regulation (EC) No 834/2007 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). |
| --- | --- |

(2)

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the Commission under Regulation (EC) No 834/2007 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty).

| (3) | The Commission should have

  In order to ensure the proper functioning of the regime established by Regulation (EC) No 834/2007,
  the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend

  on the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending
  certain non-essential elements of Regulation (EC) No 834/2007. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 1] |
| --- | --- |

(3)

The Commission should have

  In order to ensure the proper functioning of the regime established by Regulation (EC) No 834/2007,
  the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend

  on the Functioning of the European Union should be delegated to the Commission in respect of supplementing or amending
  certain non-essential elements of Regulation (EC) No 834/2007. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 1]

| (4) | In order to guarantee a

  to ensure
  uniform application

  conditions for the implementation
  of Regulation (EC) No 834/2007
  implementing powers should be conferred on

  in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should in particular be empowered to adopt implementing acts regarding the attribution of code numbers under the control regime, the indication of origin for the products and uniform rules on the exchange of information to be sent by Member States, third countries, control authorities and control bodies or made available by the Commission or the publication of that information, as well as for the recognition of third countries and control authorities and control bodies for the purposes of equivalence and compliance. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of [Regulation (EU) No XX/XXXX of the European Parliament and the Council on ...].

  Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (4). In the context of preparatory work on the implementing acts, the Commission should continue to make use of advisory groups so that interested parties and NGOs can express themselves on a regular and structured basis. [Am. 2] |
| --- | --- |

(4)

In order to guarantee a

  to ensure
  uniform application

  conditions for the implementation
  of Regulation (EC) No 834/2007
  implementing powers should be conferred on

  in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should in particular be empowered to adopt implementing acts regarding the attribution of code numbers under the control regime, the indication of origin for the products and uniform rules on the exchange of information to be sent by Member States, third countries, control authorities and control bodies or made available by the Commission or the publication of that information, as well as for the recognition of third countries and control authorities and control bodies for the purposes of equivalence and compliance. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of [Regulation (EU) No XX/XXXX of the European Parliament and the Council on ...].

  Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (4). In the context of preparatory work on the implementing acts, the Commission should continue to make use of advisory groups so that interested parties and NGOs can express themselves on a regular and structured basis. [Am. 2]

| (4a) | The Commission should adopt immediately applicable implementing acts where imperative grounds of urgency so require in duly justified cases relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in the Regulation (EC) No 834/2007 or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in that Regulation and whose control measures are no longer of equivalent effectiveness to those laid down in that Regulation. [Am. 3] |
| --- | --- |

(4a)

The Commission should adopt immediately applicable implementing acts where imperative grounds of urgency so require in duly justified cases relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in the Regulation (EC) No 834/2007 or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in that Regulation and whose control measures are no longer of equivalent effectiveness to those laid down in that Regulation. [Am. 3]

| (4b) | The process of alignment to the Treaty of Lisbon should seek to achieve the aim of simplifying all Union legislation enacted for the sector, with a view to relieving organic farmers of the burden of unnecessary red tape. [Am. 4] |
| --- | --- |

(4b)

The process of alignment to the Treaty of Lisbon should seek to achieve the aim of simplifying all Union legislation enacted for the sector, with a view to relieving organic farmers of the burden of unnecessary red tape. [Am. 4]

| (5) | In the interest of clarity, the wording of the references to the European Standard EN 45011 or ISO Guide 65 should be harmonised with other relevant Union acts. |
| --- | --- |

(5)

In the interest of clarity, the wording of the references to the European Standard EN 45011 or ISO Guide 65 should be harmonised with other relevant Union acts.

| (6) | Regulation (EC) No 834/2007 should therefore be amended accordingly, |
| --- | --- |

(6)

Regulation (EC) No 834/2007 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 834/2007 is amended as follows:

| (1) | Article 8 is replaced by the following:
  "Article 8


  General requirements

  Operators shall comply with the production rules set out in this Title and with the specific production rules and the measures and conditions necessary for their implementation, adopted by the Commission by means of delegated and implementing acts pursuant to Articles 38a and 38b.". |
| --- | --- |

(1)

Article 8 is replaced by the following:

"Article 8

General requirements

Operators shall comply with the production rules set out in this Title and with the specific production rules and the measures and conditions necessary for their implementation, adopted by the Commission by means of delegated and implementing acts pursuant to Articles 38a and 38b.".

| (2) | In Article 9, paragraph 4 is replaced by the following:
  "4.   The Commission shall, by means of delegated acts pursuant to

  be empowered, for the purpose of the prohibition referred to in paragraph 1, to adopt delegated acts, in accordance with Article 38a(1)
  , decide on measures implementing the prohibition on the use of GMOs and

  concerning the establishment of a model for vendor declarations confirming that the
  products
  supplied have not been
  produced from or by GMOs."
  [Am. 5] |
| --- | --- |

(2)

In Article 9, paragraph 4 is replaced by the following:

"4.   The Commission shall, by means of delegated acts pursuant to

  be empowered, for the purpose of the prohibition referred to in paragraph 1, to adopt delegated acts, in accordance with Article 38a(1)
  , decide on measures implementing the prohibition on the use of GMOs and

  concerning the establishment of a model for vendor declarations confirming that the
  products
  supplied have not been
  produced from or by GMOs."

| (3) | In Article 11, the second paragraph is replaced by the following:
  "However, in accordance with specific conditions to be laid down by the Commission by means of delegated acts pursuant to Article 38a(1), a holding may be split up into clearly separated units or aquaculture production sites which are not all managed under organic production. As regards animals, different species shall be involved. As regards aquaculture the same species may be involved, provided that there is adequate separation between the production sites. As regards plants, different varieties that can be easily differentiated shall be involved.". |
| --- | --- |

(3)

In Article 11, the second paragraph is replaced by the following:

"However, in accordance with specific conditions to be laid down by the Commission by means of delegated acts pursuant to Article 38a(1), a holding may be split up into clearly separated units or aquaculture production sites which are not all managed under organic production. As regards animals, different species shall be involved. As regards aquaculture the same species may be involved, provided that there is adequate separation between the production sites. As regards plants, different varieties that can be easily differentiated shall be involved.".

| (4) | In Article 12, paragraph 3 is deleted. |
| --- | --- |

(4)

In Article 12, paragraph 3 is deleted.

| (5) | In Article 13, paragraph 3 is deleted. |
| --- | --- |

(5)

In Article 13, paragraph 3 is deleted.

| (6) | In Article 14, paragraph 2 is deleted. |
| --- | --- |

(6)

In Article 14, paragraph 2 is deleted.

| (7) | In Article 15, paragraph 2 is deleted. |
| --- | --- |

(7)

In Article 15, paragraph 2 is deleted.

| (8) | Article 16 is amended as follows:






  (a) | In paragraph 1, the introductory part is replaced by the following:
  "1.   The Commission shall, by means of delegated acts pursuant to Article 38a(1)(a)(ii), authorise for use in organic production and include in a restricted list the products and substances, which may be used in organic farming for the following purposes:"; |
| --- | --- | --- |

(8)

Article 16 is amended as follows:

(a)

In paragraph 1, the introductory part is replaced by the following:

"1.   The Commission shall, by means of delegated acts pursuant to Article 38a(1)(a)(ii), authorise for use in organic production and include in a restricted list the products and substances, which may be used in organic farming for the following purposes:";

| (b) | In paragraph 3, point (a) is replaced by the following:






  "(a) | The Commission may, by means of delegated acts pursuant to Article 38a(2)(a), fix limits as regards the agricultural products to which the products and substances referred to in paragraph 1 of this Article can be applied to, and, if necessary, decide on the withdrawal of those products and substances."; |
| --- | --- | --- |

(b)

In paragraph 3, point (a) is replaced by the following:

"(a)

The Commission may, by means of delegated acts pursuant to Article 38a(2)(a), fix limits as regards the agricultural products to which the products and substances referred to in paragraph 1 of this Article can be applied to, and, if necessary, decide on the withdrawal of those products and substances.";

| (c) | In paragraph 3, point (c) is replaced by the following:






  "(c) | Products and substances used before the adoption of this Regulation for purposes corresponding to those laid down in paragraph 1 of this Article may continue to be used after said adoption. The Commission may in any case withdraw such products or substances by means of delegated acts pursuant to Article 38a(1)(a)(ii) in accordance with the conditions to be adopted by means of delegated acts pursuant to Article 38a(2)(a).". |
| --- | --- | --- |

(c)

In paragraph 3, point (c) is replaced by the following:

"(c)

Products and substances used before the adoption of this Regulation for purposes corresponding to those laid down in paragraph 1 of this Article may continue to be used after said adoption. The Commission may in any case withdraw such products or substances by means of delegated acts pursuant to Article 38a(1)(a)(ii) in accordance with the conditions to be adopted by means of delegated acts pursuant to Article 38a(2)(a).".

| (9) | In Article 17, paragraph 2 is deleted. |
| --- | --- |

(9)

In Article 17, paragraph 2 is deleted.

| (10) | In Article 18, paragraph 5 is deleted. |
| --- | --- |

(10)

In Article 18, paragraph 5 is deleted.

| (11) | In Article 19(3), the second subparagraph is deleted. |
| --- | --- |

(11)

In Article 19(3), the second subparagraph is deleted.

| (12) | In Article 20, paragraph 3 is deleted. |
| --- | --- |

(12)

In Article 20, paragraph 3 is deleted.

| (13) | In Article 21, paragraph 2 is replaced by the following:
  "2.   The Commission shall, by means of delegated acts pursuant to Article 38a(1)(a)(ii), decide on the authorisation of the products and substances and their inclusion in the restricted list referred to in paragraph 1 of this Article and, if necessary on the withdrawal of products from that list, and shall, by means of delegated acts pursuant to Article 38a(2)(a), fix limits to be applied as regards their use.
  Where a Member State considers that a product or substance should be added to, or withdrawn from the list referred to in paragraph 1, or that the specifications of use mentioned in this paragraph should be amended, the Member State shall ensure that a dossier giving the reasons for the inclusion, withdrawal or amendments is sent officially to the Commission and to the Member States.
  Requests for amendment or withdrawal, as well as decisions thereon, shall be published. Products and substances used before the adoption of this Regulation and falling under Article 19(2)(b) and (c) may continue to be used after the said adoption. The Commission may in any case withdraw such products by means of delegated acts pursuant to Article 38a(1)(a)(ii) in accordance with the conditions to be adopted by means of delegated acts pursuant to Article 38a(2)(a).". |
| --- | --- |

(13)

In Article 21, paragraph 2 is replaced by the following:

"2.   The Commission shall, by means of delegated acts pursuant to Article 38a(1)(a)(ii), decide on the authorisation of the products and substances and their inclusion in the restricted list referred to in paragraph 1 of this Article and, if necessary on the withdrawal of products from that list, and shall, by means of delegated acts pursuant to Article 38a(2)(a), fix limits to be applied as regards their use.

Where a Member State considers that a product or substance should be added to, or withdrawn from the list referred to in paragraph 1, or that the specifications of use mentioned in this paragraph should be amended, the Member State shall ensure that a dossier giving the reasons for the inclusion, withdrawal or amendments is sent officially to the Commission and to the Member States.

Requests for amendment or withdrawal, as well as decisions thereon, shall be published. Products and substances used before the adoption of this Regulation and falling under Article 19(2)(b) and (c) may continue to be used after the said adoption. The Commission may in any case withdraw such products by means of delegated acts pursuant to Article 38a(1)(a)(ii) in accordance with the conditions to be adopted by means of delegated acts pursuant to Article 38a(2)(a).".

| (14) | Article 22 is amended as follows:






  (a) | Paragraph 1 is replaced by the following:
  "1.   The Commission may, by means of delegated acts pursuant to Article 38a(2)(c) and in accordance with the conditions set out in paragraph 2 of this Article and subject to the objectives and principles laid down in Title II, provide for the granting of exceptions from the production rules laid down in Chapters 1 to 4."; |
| --- | --- | --- |

(14)

Article 22 is amended as follows:

(a)

Paragraph 1 is replaced by the following:

"1.   The Commission may, by means of delegated acts pursuant to Article 38a(2)(c) and in accordance with the conditions set out in paragraph 2 of this Article and subject to the objectives and principles laid down in Title II, provide for the granting of exceptions from the production rules laid down in Chapters 1 to 4.";

| (b) | Paragraph 3 is deleted. |
| --- | --- |

(b)

Paragraph 3 is deleted.

| (15) | In Article 23, paragraph 6 is replaced by the following:
  "6.   The Commission may, by means of delegated acts pursuant to Article 38a(2)(e), adapt the list of terms set out in the Annex.". |
| --- | --- |

(15)

In Article 23, paragraph 6 is replaced by the following:

"6.   The Commission may, by means of delegated acts pursuant to Article 38a(2)(e), adapt the list of terms set out in the Annex.".

| (16) | Article 24 is amended as follows:






  (a) | Paragraph 1 is amended as follows:






  (i) | Points (b) and (c) of the first subparagraph are replaced by the following:






  "(b) | the organic production logo of the European Union referred to in Article 25(1) as regards pre-packaged food shall also appear on the packaging; |
| --- | --- | --- | --- | --- |

(16)

Article 24 is amended as follows:

(a)

Paragraph 1 is amended as follows:

(i)

Points (b) and (c) of the first subparagraph are replaced by the following:

"(b)

the organic production logo of the European Union referred to in Article 25(1) as regards pre-packaged food shall also appear on the packaging;

| (c) | where the organic production logo of the European Union referred to in Article 25(1) is used, an indication of the place where the agricultural raw materials of which the product is composed have been farmed, shall also appear in the same visual field as the logo and shall take one of the following forms, as appropriate:






  — | ‘EU Agriculture’, where the agricultural raw material has been farmed in the Union, |
| --- | --- | --- |

(c)

where the organic production logo of the European Union referred to in Article 25(1) is used, an indication of the place where the agricultural raw materials of which the product is composed have been farmed, shall also appear in the same visual field as the logo and shall take one of the following forms, as appropriate:

—

‘EU Agriculture’, where the agricultural raw material has been farmed in the Union,

| — | ‘non-EU Agriculture’, where the agricultural raw material has been farmed in third countries, |
| --- | --- |

—

‘non-EU Agriculture’, where the agricultural raw material has been farmed in third countries,

| — | ‘EU/non-EU Agriculture’, where part of the agricultural raw materials has been farmed in the Union and a part of it has been farmed in a third country."; |
| --- | --- |

—

‘EU/non-EU Agriculture’, where part of the agricultural raw materials has been farmed in the Union and a part of it has been farmed in a third country.";

| (ii) | The fifth subparagraph is replaced by the following:
  "The use of the organic production logo of the European Union referred to in Article 25(1) and the indication referred to in the first subparagraph of this paragraph shall be optional for products imported from third countries. However, where the organic production logo of the European Union referred to in Article 25(1) appears in the labelling, the indication referred to in the first subparagraph of this paragraph shall also appear in the labelling."; |
| --- | --- |

(ii)

The fifth subparagraph is replaced by the following:

"The use of the organic production logo of the European Union referred to in Article 25(1) and the indication referred to in the first subparagraph of this paragraph shall be optional for products imported from third countries. However, where the organic production logo of the European Union referred to in Article 25(1) appears in the labelling, the indication referred to in the first subparagraph of this paragraph shall also appear in the labelling.";

| (b) | Paragraph 3 is deleted. |
| --- | --- |

(b)

Paragraph 3 is deleted.

| (17) | Article 25 is amended as follows:






  (a) | Paragraph 1 is replaced by the following:
  "1.   The organic production logo of the European Union may be used in the labelling, presentation and advertising of products which satisfy the requirements set out in this Regulation.
  The organic production logo of the European Union shall not be used in the case of in-conversion products and food as referred to in Article 23(4)(b) and (c)."; |
| --- | --- | --- |

(17)

Article 25 is amended as follows:

(a)

Paragraph 1 is replaced by the following:

"1.   The organic production logo of the European Union may be used in the labelling, presentation and advertising of products which satisfy the requirements set out in this Regulation.

The organic production logo of the European Union shall not be used in the case of in-conversion products and food as referred to in Article 23(4)(b) and (c).";

| (b) | Paragraph 3 is deleted. |
| --- | --- |

(b)

Paragraph 3 is deleted.

| (18) | In Article 26, the introductory part is replaced by the following:
  "The Commission shall, by means of delegated acts pursuant to Article 38a(1)(b), establish specific labelling and composition requirements applicable to:". |
| --- | --- |

(18)

In Article 26, the introductory part is replaced by the following:

"The Commission shall, by means of delegated acts pursuant to Article 38a(1)(b), establish specific labelling and composition requirements applicable to:".

| (19) | Article 27 is amended as follows:






  (a) | Paragraph 2 is replaced by the following:
  "2.   In addition to the conditions laid down in Regulation (EC) No 882/2004, the control system set up under this Regulation shall comprise at least the application of precautionary and control measures."; |
| --- | --- | --- |

(19)

Article 27 is amended as follows:

(a)

Paragraph 2 is replaced by the following:

"2.   In addition to the conditions laid down in Regulation (EC) No 882/2004, the control system set up under this Regulation shall comprise at least the application of precautionary and control measures.";

| (b) | In paragraph 5, point (c) is replaced by the following:






  "(c) | the control body is accredited to the most recent version of European Standard EN 45011 or ISO Guide 65 (General requirements for bodies operating product certification systems), and is approved by the competent authorities;"; |
| --- | --- | --- |

(b)

In paragraph 5, point (c) is replaced by the following:

"(c)

the control body is accredited to the most recent version of European Standard EN 45011 or ISO Guide 65 (General requirements for bodies operating product certification systems), and is approved by the competent authorities;";

| (c) | In paragraph 7, point (b) is replaced by the following:






  "(b) | the competence to grant exceptions, as referred to in Article 22, unless this is provided for in the specific conditions laid down by the Commission by means of delegated acts pursuant to Article 38a(2)(c).". |
| --- | --- | --- |

(c)

In paragraph 7, point (b) is replaced by the following:

"(b)

the competence to grant exceptions, as referred to in Article 22, unless this is provided for in the specific conditions laid down by the Commission by means of delegated acts pursuant to Article 38a(2)(c).".

| (20) | In Article 28, paragraph 6 is deleted. |
| --- | --- |

(20)

In Article 28, paragraph 6 is deleted.

| (21) | In Article 29, paragraph 3 is deleted. |
| --- | --- |

(21)

In Article 29, paragraph 3 is deleted.

| (22) | In Article 30(2), the third subparagraph is deleted. |
| --- | --- |

(22)

In Article 30(2), the third subparagraph is deleted.

| (23) | Article 32(2) is amended as follows:






  (a) | The first two subparagraphs are replaced by the following:
  "The Commission shall, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), recognise the control authorities and control bodies referred to in paragraph 1(b) of this Article, including control authorities and control bodies as referred to in Article 27, which are competent to carry out controls and to issue the documentary evidence referred to in paragraph 1(c) of this Article in third countries.
  The control bodies shall be accredited to the most recent version of European Standard EN 45011 or ISO Guide 65 (General requirements for bodies operating product certification systems). The control bodies shall undergo regular on-the-spot evaluation, surveillance and multiannual re-assessment of their activities by the accreditation body."; |
| --- | --- | --- |

(23)

Article 32(2) is amended as follows:

(a)

The first two subparagraphs are replaced by the following:

"The Commission shall, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), recognise the control authorities and control bodies referred to in paragraph 1(b) of this Article, including control authorities and control bodies as referred to in Article 27, which are competent to carry out controls and to issue the documentary evidence referred to in paragraph 1(c) of this Article in third countries.

The control bodies shall be accredited to the most recent version of European Standard EN 45011 or ISO Guide 65 (General requirements for bodies operating product certification systems). The control bodies shall undergo regular on-the-spot evaluation, surveillance and multiannual re-assessment of their activities by the accreditation body.";

| (b) | The following subparagraphs are added:
  "The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), withdraw the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation.

  If necessary in cases

  On duly justified imperative grounds
  of urgency, the Commission may take that Decision acting

  adopt immediately applicable implementing acts
  in accordance with the second paragraph of
  Article 38g
  . In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately. "

  the procedure referred to in Article 38g(3).
  " |
| --- | --- |

(b)

The following subparagraphs are added:

"The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), withdraw the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation.

If necessary in cases

  On duly justified imperative grounds
  of urgency, the Commission may take that Decision acting

  adopt immediately applicable implementing acts
  in accordance with the second paragraph of
  Article 38g
  . In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately. "

  the procedure referred to in Article 38g(3).
  "

| (24) | Article 33 is amended as follows:






  (a) | Paragraph 2 is amended as follows:






  (i) | The first subparagraph is replaced by the following:
  "The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), recognise the third countries whose system of production complies with principles and production rules equivalent to those laid down in Titles II, III and IV and whose control measures are of equivalent effectiveness to those laid down in Title V. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32."; |
| --- | --- | --- | --- |

(24)

Article 33 is amended as follows:

(a)

Paragraph 2 is amended as follows:

(i)

The first subparagraph is replaced by the following:

"The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), recognise the third countries whose system of production complies with principles and production rules equivalent to those laid down in Titles II, III and IV and whose control measures are of equivalent effectiveness to those laid down in Title V. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32.";

| (ii) | The following subparagraphs are added:
  "The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), withdraw the recognition of third countries whose system of production no more complies with principles and production rules equivalent to those laid down in Titles II, III and IV and whose control measures are no more equivalent effectiveness to those laid down in Title V.

  If necessary in cases

  On duly justified imperative grounds
  of urgency, the Commission may take that Decision acting

  adopt immediately applicable implementing acts
  in accordance with the second paragraph of
  Article 38g
  . In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately. "

  the procedure referred to in Article 38g(3).
  " |
| --- | --- |

(ii)

The following subparagraphs are added:

"The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), withdraw the recognition of third countries whose system of production no more complies with principles and production rules equivalent to those laid down in Titles II, III and IV and whose control measures are no more equivalent effectiveness to those laid down in Title V.

If necessary in cases

  On duly justified imperative grounds
  of urgency, the Commission may take that Decision acting

  adopt immediately applicable implementing acts
  in accordance with the second paragraph of
  Article 38g
  . In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately. "

  the procedure referred to in Article 38g(3).
  "

| (b) | Paragraph 3 is amended as follows:






  (i) | The first subparagraph is replaced by the following:
  "For products not imported under Article 32 and not imported from a third country which is recognised under paragraph 2 of this Article, the Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), recognise the control authorities and control bodies, including control authorities and control bodies as referred to in Article 27, competent to carry out controls and issue certificates in third countries for the purpose of paragraph 1 of this Article. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32."; |
| --- | --- | --- |

(b)

Paragraph 3 is amended as follows:

(i)

The first subparagraph is replaced by the following:

"For products not imported under Article 32 and not imported from a third country which is recognised under paragraph 2 of this Article, the Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), recognise the control authorities and control bodies, including control authorities and control bodies as referred to in Article 27, competent to carry out controls and issue certificates in third countries for the purpose of paragraph 1 of this Article. The assessment of equivalency shall take into account Codex Alimentarius guidelines CAC/GL 32.";

| (ii) | The following subparagraphs are added:
  "The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), withdraw the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation.

  If necessary in cases

  On duly justified imperative grounds
  of urgency, the Commission may take that Decision acting

  adopt immediately applicable implementing acts
  in accordance with the second paragraph of Article 38g. In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately

  the procedure referred to in Article 38g(3)
  ." |
| --- | --- |

(ii)

The following subparagraphs are added:

"The Commission may, by means of implementing acts pursuant to Article 38b(f), in accordance with the criteria to be adopted by means of delegated acts pursuant to Article 38a(1)(c)(v), withdraw the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation.

If necessary in cases

  On duly justified imperative grounds
  of urgency, the Commission may take that Decision acting

  adopt immediately applicable implementing acts
  in accordance with the second paragraph of Article 38g. In that case, the measures adopted shall be communicated forthwith to the Members States and shall take effect immediately

  the procedure referred to in Article 38g(3)
  ."

| (25) | The following Article 36a is inserted:
  "Article 36a


  Publication and notification

  The Commission shall in accordance with the rules to be adopted by means of implementing acts pursuant to Article 38b(b) establish, publish, make available or diffuse the information to be identified by means of implementing acts pursuant to Article 38b(a), as well as the lists of third countries and control authorities and control bodies recognised in accordance with Articles 32 and 33.". |
| --- | --- |

(25)

The following Article 36a is inserted:

"Article 36a

Publication and notification

The Commission shall in accordance with the rules to be adopted by means of implementing acts pursuant to Article 38b(b) establish, publish, make available or diffuse the information to be identified by means of implementing acts pursuant to Article 38b(a), as well as the lists of third countries and control authorities and control bodies recognised in accordance with Articles 32 and 33.".

| (26) | Articles 37 and 38 are deleted. |
| --- | --- |

(26)

Articles 37 and 38 are deleted.

| (27) | The following Articles are inserted:

  "Article 38a


  Delegated powers

  1.   In order to better take account of the expectations of consumers regarding the quality of organic products and to ensure the adequate application of rules by the authorities, bodies and operators concerned and the proper functioning of the single market and trade, the Commission shall, by means of

  be empowered to adopt
  delegated acts, adopt

  in accordance with Article 38d, concerning the adoption of
  specific rules, measures and conditions necessary for the application of this Regulation, including the specific definitions related to its scope, subject to the objectives and principles laid down in Title II, for the following: [Am. 9]







  (a) | the production rules laid down in Title III, in particular:






  (i) | the specific requirements, conditions and conversion periods to be respected by operators; |
| --- | --- | --- | --- |

(27)

The following Articles are inserted:

"Article 38a

Delegated powers

1.   In order to better take account of the expectations of consumers regarding the quality of organic products and to ensure the adequate application of rules by the authorities, bodies and operators concerned and the proper functioning of the single market and trade, the Commission shall, by means of

  be empowered to adopt
  delegated acts, adopt

  in accordance with Article 38d, concerning the adoption of
  specific rules, measures and conditions necessary for the application of this Regulation, including the specific definitions related to its scope, subject to the objectives and principles laid down in Title II, for the following: [Am. 9]

(a)

the production rules laid down in Title III, in particular:

(i)

the specific requirements, conditions and conversion periods to be respected by operators;

| (ii) | the authorisation of products and substances for use in organic production, their inclusion in a restricted list or the withdrawal from that list for the purposes of Articles 16 and 21; |
| --- | --- |

(ii)

the authorisation of products and substances for use in organic production, their inclusion in a restricted list or the withdrawal from that list for the purposes of Articles 16 and 21;

| (iii) | the processing methods for processed food; |
| --- | --- |

(iii)

the processing methods for processed food;

| (iv) | the conditions of application of the prohibition on the use of GMOs and products produced from or by GMOs; |
| --- | --- |

(iv)

the conditions of application of the prohibition on the use of GMOs and products produced from or by GMOs;

| (v) | the definition of the periods referred to in Article 17(1)(c) to (f). |
| --- | --- |

(v)

the definition of the periods referred to in Article 17(1)(c) to (f).

| (b) | the labelling rules, requirements and specific criteria as regards presentation, composition, size and design of the organic logo of the European Union as well as the conditions and rights of its use, in accordance with Title IV; |
| --- | --- |

(b)

the labelling rules, requirements and specific criteria as regards presentation, composition, size and design of the organic logo of the European Union as well as the conditions and rights of its use, in accordance with Title IV;

| (c) | the control systems established under Titles V and VI, in particular:






  (i) | the control requirements, supervision and audit procedures, |
| --- | --- | --- |

(c)

the control systems established under Titles V and VI, in particular:

(i)

the control requirements, supervision and audit procedures,

| (ii) | the criteria for approval of control bodies for the purposes of Article 27, |
| --- | --- |

(ii)

the criteria for approval of control bodies for the purposes of Article 27,

| (iii) | the specific criteria for delegation of tasks to the control bodies referred to in point (ii), |
| --- | --- |

(iii)

the specific criteria for delegation of tasks to the control bodies referred to in point (ii),

| (iv) | the form of the documentary evidence, |
| --- | --- |

(iv)

the form of the documentary evidence,

| (v) | the criteria to be applied as regards the recognition of third countries for the purposes of Article 33(2) and as regards the recognition of control authorities and control bodies for the purposes of Article 32(2) and Article 33(3), |
| --- | --- |

(v)

the criteria to be applied as regards the recognition of third countries for the purposes of Article 33(2) and as regards the recognition of control authorities and control bodies for the purposes of Article 32(2) and Article 33(3),

| (vi) | the criteria to be applied as regards the withdrawal of approval or recognition and of documentary evidence, including the cases for which the Commission may act as a matter of urgency in accordance with the second paragraph of Article 38g. |
| --- | --- |

(vi)

the criteria to be applied as regards the withdrawal of approval or recognition and of documentary evidence, including the cases for which the Commission may act as a matter of urgency in accordance with the second paragraph of Article 38g.

| (vii) | the criteria to be applied as regards the identification and publicising of an undertaking submitted to the control system, |
| --- | --- |

(vii)

the criteria to be applied as regards the identification and publicising of an undertaking submitted to the control system,

| (viii) | the rules to be applied for placing products from third countries on the Union market as organic; |
| --- | --- |

(viii)

the rules to be applied for placing products from third countries on the Union market as organic;

| (d) | the free movement of organic products. |
| --- | --- |

(d)

the free movement of organic products.

2.   In order to take account of the technical development and the specificities of the sector, the Commission may, by means of delegated acts and subject to the objectives and principles laid down in Title II, adopt rules necessary for the application of this Regulation for the following:

| (a) | the authorisation, limitation, restriction or prohibition of specific techniques for the purposes of Articles 12 to 16, 18, 19 and 20 and the conditions and limits as regards use of substances and products and their withdrawal, in particular the application method, the dosage, the time limits for use and the contact with agricultural products; |
| --- | --- |

(a)

the authorisation, limitation, restriction or prohibition of specific techniques for the purposes of Articles 12 to 16, 18, 19 and 20 and the conditions and limits as regards use of substances and products and their withdrawal, in particular the application method, the dosage, the time limits for use and the contact with agricultural products;

| (b) | the specific production rules for yeast; |
| --- | --- |

(b)

the specific production rules for yeast;

| (c) | the granting of exceptions from production rules and specific conditions for the application of those exceptions for the purposes of Article 22; |
| --- | --- |

(c)

the granting of exceptions from production rules and specific conditions for the application of those exceptions for the purposes of Article 22;

| (d) | the transitional measures to facilitate the transition from the rules established by Regulation (EEC) No 2092/91 to this Regulation; |
| --- | --- |

(d)

the transitional measures to facilitate the transition from the rules established by Regulation (EEC) No 2092/91 to this Regulation;

| (e) | the adaptation of the list of terms set out in the Annex. |
| --- | --- |

(e)

the adaptation of the list of terms set out in the Annex.

3.   In order to ensure transparency by fast, efficient, accurate and cost effective exchange of information, the Commission shall by means of delegated acts define:

| (a) | the nature and type of information to be notified; |
| --- | --- |

(a)

the nature and type of information to be notified;

| (b) | the methods of notification of the information; |
| --- | --- |

(b)

the methods of notification of the information;

| (c) | the rules related to the access rights to the information or information systems made available; |
| --- | --- |

(c)

the rules related to the access rights to the information or information systems made available;

| (d) | the means of publication of the information. |
| --- | --- |

(d)

the means of publication of the information.

Article 38b

Implementing powers

1.
     The Commission shall, by means of implementing acts,
  in accordance with the examination procedure referred to in Article 38g(2),
  adopt the necessary provisions aiming at reaching a uniform application of this Regulation in the Union, in particular relating to the following: [Am. 10]

| (a) | details and specifications regarding the content, form and way of notification, submission and exchange of information required in the framework of this Regulation:






  (i) | from the operators, in particular with regard to the information included in the submission and notification referred to in Article 28(1) and Article 29(1), |
| --- | --- | --- |

(a)

details and specifications regarding the content, form and way of notification, submission and exchange of information required in the framework of this Regulation:

(i)

from the operators, in particular with regard to the information included in the submission and notification referred to in Article 28(1) and Article 29(1),

| (ii) | from or between the control bodies, control authorities, competent authorities of the Member States, third countries and the Commission, in particular in accordance with Articles 22, 30 to 33, 35 and 36; |
| --- | --- |

(ii)

from or between the control bodies, control authorities, competent authorities of the Member States, third countries and the Commission, in particular in accordance with Articles 22, 30 to 33, 35 and 36;

| (b) | conditions and means of publication or specific rules and conditions for the diffusion or making available by the Commission to the operators, the competent authorities, control authorities and control bodies and to the Member States or third countries the information referred to in point (a) and the lists of third countries or control authorities and control bodies designated pursuant to Article 27 or recognised pursuant to Articles 32 and 33; |
| --- | --- |

(b)

conditions and means of publication or specific rules and conditions for the diffusion or making available by the Commission to the operators, the competent authorities, control authorities and control bodies and to the Member States or third countries the information referred to in point (a) and the lists of third countries or control authorities and control bodies designated pursuant to Article 27 or recognised pursuant to Articles 32 and 33;

| (c) | the methods and conditions to be taken into account as regards the electronic certification, in particular for the certificates referred to in Article 29 and Article 33(1) (d); |
| --- | --- |

(c)

the methods and conditions to be taken into account as regards the electronic certification, in particular for the certificates referred to in Article 29 and Article 33(1) (d);

| (d) | the attribution of code numbers to control bodies and control authorities and the indication of the place where the agricultural raw materials have been farmed in accordance with Article 24; |
| --- | --- |

(d)

the attribution of code numbers to control bodies and control authorities and the indication of the place where the agricultural raw materials have been farmed in accordance with Article 24;

| (e) | the specific criteria as regards the presentation, composition and size of the indications referred to in Article 24(1)(a) and (c); |
| --- | --- |

(e)

the specific criteria as regards the presentation, composition and size of the indications referred to in Article 24(1)(a) and (c);

| (f) | the recognition and withdrawal of third countries and control authorities and control bodies for the purposes of Article 32(2) and Article 33(2) and (3). |
| --- | --- |

(f)

the recognition and withdrawal of third countries and control authorities and control bodies for the purposes of Article 32(2) and Article 33(2) and (3).

1a.
     
  On duly justified imperative grounds of urgency, relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in Title II, III and IV or whose control measures are no longer of equivalent effectiveness to those laid down in Title V, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g(3). [Am. 11]

Article 38c

Commission powers

Where powers are conferred upon the Commission, it shall act in accordance with the procedure referred to in Article 38d in the case of delegated acts and in accordance with the procedure referred to in Article 38g in the case of implementing acts, save where explicitly provided otherwise in this Regulation.

Article 38d

Exercise of the delegation

1.   The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time.

  subject to the conditions laid down in this Article
  .

2.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

  The power to adopt delegated acts referred to in Article 9(4), Article 11, Article 16(1), points (a) and (c) of Article 16(3), Article 21(2), Article 22(1), Article 23(6), Article 26, point (b) of Article 27(7), Article 32(2) and Article 33(2) and (3) shall be conferred on the Commission for a period of five years from ...

   (5)

  . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in
  Articles 38e and 38f
  .

  The delegation of power may be revoked at any time by the European Parliament or by the Council. The decision to revoke shall put an end to the delegation of the powers specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3a.
     
  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3b.
     
  A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 12]

"Article 38e

Revocation of the delegation

1.   The delegation of power referred to in
  Article 38a and 38d
  may be revoked by the European Parliament or by the Council.

2.   The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

3.   The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union."
  [Am. 13]

"Article 38f

Objections to delegated acts

1.   The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

2.   If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3.   If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act."
  [Am. 14]

Article 38g

Implementing acts – Committee of organic production

1.
     Where implementing acts are adopted pursuant to this Regulation, the Commission shall be assisted by the Committee on organic production. and the procedure provided for in Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(2) of the TFEU, currently the subject of discussion by the European Parliament and the Council) shall apply. "

  That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council, of 16 February 2011, laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (6).

2.
     In the cases of urgency provided for in
  Article 32(2) and Article 33(2) and (3)
  of this Regulation, the procedure provided for in Article [6] of Regulation (EU) No [xxxx/yyyy] shall apply. "

  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

3.
     
  Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply.

| (28) | Article 41 is amended as follows:






  (a) | The title is replaced by the following: |
| --- | --- | --- |

(28)

Article 41 is amended as follows:

(a)

The title is replaced by the following:

| (b) | Paragraph 1 is replaced by the following:
  "1.   By 31 December 2011, the Commission shall submit a report to the European Parliament and the Council.". |
| --- | --- |

(b)

Paragraph 1 is replaced by the following:

"1.   By 31 December 2011, the Commission shall submit a report to the European Parliament and the Council.".

Article 1a

The Commission shall evaluate the effects of the amendments made to Regulation (EC) No 834/2007 by this Regulation, with particular regard to transparency and the impact on civil society, three years after ... (7).

Important stakeholders and representatives of civil society shall be included in this evaluation process. [Am. 16]

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at [...],

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 218, 23.7.2011, p. 122.

1

(2)  Position of the European Parliament of 4 July 2012.

2

(3)  OJ L 189, 20.7.2007, p. 1.

3

(4)  

  OJ L 55, 28.2.2011, p. 13.

4

OJ L 55, 28.2.2011, p. 13.

(5)

5

| + | Date of entry into force of this Regulation |
| --- | --- |

+

Date of entry into force of this Regulation

(6)  

  OJ L 55, 28.2.2011, p. 13.
  "

6

OJ L 55, 28.2.2011, p. 13.

(7)  
  Date three years after the entry into force of this Regulation.

7

Date three years after the entry into force of this Regulation.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/545 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/545

---

Wednesday 4 July 2012System of financing by the European Agricultural Guarantee Fund ***I

P7_TA(2012)0283

European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund (COM(2010)0761 – C7-0002/2011 – 2010/0366(COD))

2013/C 349 E/28

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2010)0761), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2010)0761),

| — | having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0002/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0002/2011),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 4 May 2011 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 4 May 2011 (1),

| — | having regard to Rules 55 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development (A7-0204/2011), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development (A7-0204/2011),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 218, 23.7.2011, p. 126.

---

Wednesday 4 July 2012P7_TC1-COD(2010)0366

Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | Council Regulation (EC) No 485/2008 (3) confers powers on the Commission in order to implement some of the provisions of that Regulation. |
| --- | --- |

(1)

Council Regulation (EC) No 485/2008 (3) confers powers on the Commission in order to implement some of the provisions of that Regulation.

| (2) | As a consequence of the entry into force of the Lisbon Treaty, the powers conferred on the Commission under Regulation (EC) No 485/2008 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty). |
| --- | --- |

(2)

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred on the Commission under Regulation (EC) No 485/2008 need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union (the Treaty).

| (3) | The Commission should have

  In order to ensure the proper functioning of the regime established by Regulation (EC) No 485/2008
  the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 485/2008. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  on the Functioning of the European Union should be delegated to the Commission in respect of establishing a list of measures, which are by their nature unsuited for ex-post control by way of scrutiny of commercial documents, to which this Regulation is not to apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 1] |
| --- | --- |

(3)

The Commission should have

  In order to ensure the proper functioning of the regime established by Regulation (EC) No 485/2008
  the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 485/2008. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

  on the Functioning of the European Union should be delegated to the Commission in respect of establishing a list of measures, which are by their nature unsuited for ex-post control by way of scrutiny of commercial documents, to which this Regulation is not to apply. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. [Am. 1]

| (4) | In order to guarantee a uniform application

  ensure uniform conditions for the implementation
  of Regulation (EC) No 485/2008 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should in particular be empowered to adopt uniform rules on the exchange of information. The Commission should adopt those implementing acts with the assistance of the Committee on the Agricultural funds established by Article 41d(1) of Council Regulation (EC) 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (4) in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on ...[to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council].

  , implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (5). [Am. 2] |
| --- | --- |

(4)

In order to guarantee a uniform application

  ensure uniform conditions for the implementation
  of Regulation (EC) No 485/2008 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should in particular be empowered to adopt uniform rules on the exchange of information. The Commission should adopt those implementing acts with the assistance of the Committee on the Agricultural funds established by Article 41d(1) of Council Regulation (EC) 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (4) in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on ...[to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council].

  , implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (5). [Am. 2]

| (5) | Regulation (EC) No 485/2008 should therefore be amended accordingly, |
| --- | --- |

(5)

Regulation (EC) No 485/2008 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 485/2008 is amended as follows:

| (1) | In Article 1, paragraph 2, the second sentence is replaced by the following:
  "2.   
  This Regulation shall not apply to measures covered by the integrated administration and control system falling within Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (6).


  In order to exclude from the application of this Regulation those measures which are by their nature unsuited for ex-post control by way of scrutiny of commercial documents, the Commission may, by means of delegated acts in accordance with the conditions referred to in Articles

  Article
  13a, 13b and 13c of this Regulation, establish a list of other measures to which this Regulation does not apply.
  [Am. 3]. |
| --- | --- |

(1)

In Article 1, paragraph 2, the second sentence is replaced by the following:

"2.   
  This Regulation shall not apply to measures covered by the integrated administration and control system falling within Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (6).

In order to exclude from the application of this Regulation those measures which are by their nature unsuited for ex-post control by way of scrutiny of commercial documents, the Commission may, by means of delegated acts in accordance with the conditions referred to in Articles

  Article
  13a, 13b and 13c of this Regulation, establish a list of other measures to which this Regulation does not apply.

| (2) | Article 7 is amended as follows:






  (a) | in the second subparagraph of paragraph 1, the second sentence is deleted; |
| --- | --- | --- |

(2)

Article 7 is amended as follows:

(a)

in the second subparagraph of paragraph 1, the second sentence is deleted;

| (b) | paragraph 5 is deleted. |
| --- | --- |

(b)

paragraph 5 is deleted.

| (3) | Article 13 is deleted. |
| --- | --- |

(3)

Article 13 is deleted.

| (4) | The following Articles are inserted:

  "Article 13a



  1.
     The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time

  subject to the conditions laid down in this Article
  .


  2.
  .   
  The delegation of power referred to in Article 1(2) shall be conferred on the Commission for a period of five years from ... (7). The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.




  3.
     
  The delegation of power referred to in Article 1(2) may be revoked at any time by the European Parliament or by the Council. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.




  4.
     As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.


  5.
     
  A delegated act adopted pursuant to Article 1(2) shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 4]



  Article 13b



  The delegation of power referred to in Article 13a may be revoked by the European Parliament or by the Council.


  The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.


  The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
  [Am. 5]



  Article 13c



  The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.


  If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.


  The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.


  If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
  [Am. 6]


  Article 13d

  The Commission shall, where necessary, by means of implementing acts in accordance with the procedure referred to in Article 42d(2) of Regulation (EC) No 1290/2005, adopt the provisions aiming at reaching a uniform application of this Regulation in the Union, in particular

  adopt the specific provisions
  relating to the following:






  (a) | the coordination of joint actions referred to in Article 7(1); |
| --- | --- | --- |

(4)

The following Articles are inserted:

"Article 13a

1.
     The powers

  power
  to adopt the delegated acts referred to in this Regulation shall be

  is
  conferred on the Commission for an indeterminate period of time

  subject to the conditions laid down in this Article
  .

2.
  .   
  The delegation of power referred to in Article 1(2) shall be conferred on the Commission for a period of five years from ... (7). The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.
     
  The delegation of power referred to in Article 1(2) may be revoked at any time by the European Parliament or by the Council. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.
     As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.
     
  A delegated act adopted pursuant to Article 1(2) shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. [Am. 4]

Article 13b

The delegation of power referred to in Article 13a may be revoked by the European Parliament or by the Council.

The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.

The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
  [Am. 5]

Article 13c

The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.
  [Am. 6]

Article 13d

The Commission shall, where necessary, by means of implementing acts in accordance with the procedure referred to in Article 42d(2) of Regulation (EC) No 1290/2005, adopt the provisions aiming at reaching a uniform application of this Regulation in the Union, in particular

  adopt the specific provisions
  relating to the following:

(a)

the coordination of joint actions referred to in Article 7(1);

| (b) | details and specifications regarding the content, form and way of submission of requests, the content, form and way of notification and the submission and exchange of information required in the framework of this Regulation; |
| --- | --- |

(b)

details and specifications regarding the content, form and way of submission of requests, the content, form and way of notification and the submission and exchange of information required in the framework of this Regulation;

| (c) | conditions and means of publication or specific rules and conditions for the diffusion or making available by the Commission to the competent authorities of the Member States of the information needed in the framework of this Regulation. |
| --- | --- |

(c)

conditions and means of publication or specific rules and conditions for the diffusion or making available by the Commission to the competent authorities of the Member States of the information needed in the framework of this Regulation.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13e(2). [Am. 7]

Article 13e

1.
     
  The Commission shall be assisted by the Committee on the Agricultural Funds established by Article 41 of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (8). That committee is a committee within the meaning of Regulation (EU) No 182/2011.

2.
     
  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...,

For the European Parliament

The President

For the Council

The President

---

(1)  OJ C 218, 23.7.2011, p. 126.

1

(2)  Position of the European Parliament of 4 July 2012.

2

(3)  OJ L 143, 3.6.2008, p. 1.

3

(4)  
  OJ L 209, 11.8.2005, p. 1
  .

4

OJ L 209, 11.8.2005, p. 1

(5)  

  OJ L 55, 28.2.2011, p. 13.

5

OJ L 55, 28.2.2011, p. 13.

(6)  

  OJ L 30, 31.1.2009, p. 16.
  "

6

OJ L 30, 31.1.2009, p. 16.

(7)

7

| + | Date of entry into force of this Regulation. |
| --- | --- |

+

Date of entry into force of this Regulation.

(8)  

  OJ L 209, 11.8.2005, p. 1.
  "

8

OJ L 209, 11.8.2005, p. 1.

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| 29.11.2013 | EN | Official Journal of the European Union | CE 349/550 |
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29.11.2013

EN

Official Journal of the European Union

CE 349/550

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Wednesday 4 July 2012EU-Russia Agreement on the preservation of commitments on trade in services ***

P7_TA(2012)0284

European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (16815/2011 – C7-0522/2011 – 2011/0328(NLE))

2013/C 349 E/29

(Consent)

The European Parliament,

| — | having regard to the draft Council decision (16815/2011), |
| --- | --- |

—

having regard to the draft Council decision (16815/2011),

| — | having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (16816/2011), |
| --- | --- |

—

having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Government of the Russian Federation relating to the preservation of commitments on trade in services contained in the current EU-Russia Partnership and Cooperation Agreement (16816/2011),

| — | having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100(2), Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C7-0522/2011), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 91, Article 100(2), Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C7-0522/2011),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A7-0176/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A7-0176/2012),

| 1. | Consents to conclusion of the Agreement; |
| --- | --- |

1.

Consents to conclusion of the Agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/550 |
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29.11.2013

EN

Official Journal of the European Union

CE 349/550

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Wednesday 4 July 2012EU-Russia agreement on trade in parts and components of motor vehicles ***

P7_TA(2012)0285

European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation (16806/2011 – C7-0517/2011 – 2011/0324(NLE))

2013/C 349 E/30

(Consent)

The European Parliament,

| — | having regard to the draft Council decision (16806/2011), |
| --- | --- |

—

having regard to the draft Council decision (16806/2011),

| — | having regard to the draft Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation (16807/2011), |
| --- | --- |

—

having regard to the draft Agreement between the European Union and the Government of the Russian Federation on trade in parts and components of motor vehicles between the European Union and the Russian Federation (16807/2011),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0517/2011), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0517/2011),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Industry, Research and Energy (A7-0175/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Industry, Research and Energy (A7-0175/2012),

| 1. | Consents to conclusion of the Agreement; |
| --- | --- |

1.

Consents to conclusion of the Agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation.

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| 29.11.2013 | EN | Official Journal of the European Union | CE 349/551 |
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29.11.2013

EN

Official Journal of the European Union

CE 349/551

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Wednesday 4 July 2012EU-Russia Agreement on the introduction or increase by the Russian Federation of export duties on raw materials ***

P7_TA(2012)0286

European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16827/2011 – C7-0520/2011 – 2011/0332(NLE))

2013/C 349 E/31

(Consent)

The European Parliament,

| — | having regard to the draft Council decision (16827/2011), |
| --- | --- |

—

having regard to the draft Council decision (16827/2011),

| — | having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16828/2011), |
| --- | --- |

—

having regard to the draft Agreement in the form of an Exchange of Letters between the European Union and the Russian Federation relating to the introduction or increase of export duties on raw materials (16828/2011),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C7-0520/2011), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a)(v) of the Treaty on the Functioning of the European Union (C7-0520/2011),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade (A7-0178/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade (A7-0178/2012),

| 1. | Consents to conclusion of the Agreement; |
| --- | --- |

1.

Consents to conclusion of the Agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Russian Federation.

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| 29.11.2013 | EN | Official Journal of the European Union | CE 349/552 |
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29.11.2013

EN

Official Journal of the European Union

CE 349/552

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Wednesday 4 July 2012Anti-Counterfeiting Trade Agreement between the EU and its Member States, Australia, Canada, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the USA ***

P7_TA(2012)0287

European Parliament legislative resolution of 4 July 2012 on the draft Council decision on the conclusion of the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America (12195/2011 – C7-0027/2012 – 2011/0167(NLE))

2013/C 349 E/32

(Consent)

The European Parliament,

| — | having regard to the draft Council decision (12195/2011), |
| --- | --- |

—

having regard to the draft Council decision (12195/2011),

| — | having regard to the draft Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America (12196/2011), |
| --- | --- |

—

having regard to the draft Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America (12196/2011),

| — | having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C7-0027/2012), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Article 207(4), first subparagraph and Article 218(6), second subparagraph, point (a) (v), of the Treaty on the Functioning of the European Union (C7-0027/2012),

| — | having regard to Rules 81 and 90(7) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(7) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade and the opinions of the Committee on Development, the Committee on Industry, Research and Energy, the Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs(A7-0204/2012), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade and the opinions of the Committee on Development, the Committee on Industry, Research and Energy, the Committee on Legal Affairs and the Committee on Civil Liberties, Justice and Home Affairs(A7-0204/2012),

| 1. | Declines to consent to conclusion of the Agreement; |
| --- | --- |

1.

Declines to consent to conclusion of the Agreement;

| 2. | Instructs its President to notify the Council that the Agreement cannot be concluded; |
| --- | --- |

2.

Instructs its President to notify the Council that the Agreement cannot be concluded;

| 3. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America.

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/553 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/553

---

Wednesday 4 July 2012Direct payments to farmers (2013) ***I

P7_TA(2012)0288

European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 as regards the application of direct payments to farmers in respect of the year 2013 (COM(2011)0630 – C7-0337/2011 – 2011/0286(COD))

2013/C 349 E/33

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0630), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0630),

| — | having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0337/2011), |
| --- | --- |

—

having regard to Article 294(2) and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0337/2011),

| — | having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis, |
| --- | --- |

—

having regard to the opinion of the Committee on Legal Affairs on the proposed legal basis,

| — | having regard to Article 294(3) and the first paragraph of Article 42 of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) and the first paragraph of Article 42 of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the European Economic and Social Committee of 25 April 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 25 April 2012 (1),

| — | having regard to the opinion of the Committee of the Regions of 4 May 2012 (2), |
| --- | --- |

—

having regard to the opinion of the Committee of the Regions of 4 May 2012 (2),

| — | having regard to the undertaking given by the Council representative by letter of 11 June 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to the undertaking given by the Council representative by letter of 11 June 2012 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

| — | having regard to Rules 55 and 37 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 55 and 37 of its Rules of Procedure,

| — | having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A7-0163/2012), |
| --- | --- |

—

having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A7-0163/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 191, 29.6.2012, p. 116.

(2)  Not yet published in the Official Journal.

---

Wednesday 4 July 2012P7_TC1-COD(2011)0286

Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 as regards the application of direct payments to farmers in respect of the year 2013

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 671/2012).

---

Thursday 5 July 2012

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/555 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/555

---

Thursday 5 July 2012Protocol on the Statute of the Court of Justice of the European Union ***I

P7_TA(2012)0294

European Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto (02074/2011 – C7-0090/2011 – 2011/0901A(COD))

2013/C 349 E/34

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the request by the Court of Justice submitted to Parliament and the Council (02074/2011), |
| --- | --- |

—

having regard to the request by the Court of Justice submitted to Parliament and the Council (02074/2011),

| — | having regard to the first and second paragraphs of Article 257 and the second paragraph of Article 281 of the Treaty on the Functioning of the European Union, pursuant to which the draft act was submitted to Parliament (C7-0090/2011), |
| --- | --- |

—

having regard to the first and second paragraphs of Article 257 and the second paragraph of Article 281 of the Treaty on the Functioning of the European Union, pursuant to which the draft act was submitted to Parliament (C7-0090/2011),

| — | having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the Commission (COM(2011)0596), |
| --- | --- |

—

having regard to the opinion of the Commission (COM(2011)0596),

| — | having regard to the letter of the Court of Justice of 8 May 2012, |
| --- | --- |

—

having regard to the letter of the Court of Justice of 8 May 2012,

| — | having regard to the letter of the Commission of 30 May 2012, |
| --- | --- |

—

having regard to the letter of the Commission of 30 May 2012,

| — | having regard to the undertaking given by the Council representative by letter of 31 May 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 the undertaking given by the Council representative by letter of 31 May 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 Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A7-0185/2012), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs and the opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A7-0185/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Notes that, having regard to the partial renewal of the Court of Justice on 7 October 2012 and the urgent need to find a solution that guarantees the proper functioning of the Civil Service Tribunal, it is necessary for the proposed amendments to the Statute relating to the organisation of the Court of Justice and that of the General Court and to the Civil Service Tribunal to be adopted without further delay, as pointed out in the letter of the President of the Court of Justice of the European Union of 8 May 2012; |
| --- | --- |

2.

Notes that, having regard to the partial renewal of the Court of Justice on 7 October 2012 and the urgent need to find a solution that guarantees the proper functioning of the Civil Service Tribunal, it is necessary for the proposed amendments to the Statute relating to the organisation of the Court of Justice and that of the General Court and to the Civil Service Tribunal to be adopted without further delay, as pointed out in the letter of the President of the Court of Justice of the European Union of 8 May 2012;

| 3. | Reserves its right to examine the part of the request on the membership of the General Court submitted by the Court at a later stage; |
| --- | --- |

3.

Reserves its right to examine the part of the request on the membership of the General Court submitted by the Court at a later stage;

| 4. | Resolves to hold a debate in Parliament in the near future on the merits of introducing the possibility of issuing dissenting opinions at the Court of Justice; |
| --- | --- |

4.

Resolves to hold a debate in Parliament in the near future on the merits of introducing the possibility of issuing dissenting opinions at the Court of Justice;

| 5. | Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments. |
| --- | --- |

5.

Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments.

---

Thursday 5 July 2012P7_TC1-COD(2011)0901A

Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No .../2012 of the European Parliament and of the Council amending the Protocol on the Statute of the Court of Justice of the European Union and Annex I thereto

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU, Euratom) No 741/2012.)

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/556 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/556

---

Thursday 5 July 2012Temporary judges of the European Union civil service tribunal ***I

P7_TA(2012)0295

European Parliament legislative resolution of 5 July 2012 on the draft regulation of the European Parliament and of the Council relating to temporary judges of the European Union Civil Service Tribunal (01923/2011 – C7-0091/2011 – 2011/0902(COD))

2013/C 349 E/35

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the request by the Court of Justice submitted to Parliament and the Council (01923/2011), |
| --- | --- |

—

having regard to the request by the Court of Justice submitted to Parliament and the Council (01923/2011),

| — | having regard to Articles 257 and 281 of the Treaty on the Functioning of the European Union, pursuant to which the draft act was submitted to Parliament (C7-0091/2011), |
| --- | --- |

—

having regard to Articles 257 and 281 of the Treaty on the Functioning of the European Union, pursuant to which the draft act was submitted to Parliament (C7-0091/2011),

| — | having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union, |
| --- | --- |

—

having regard to Article 294(3) and (15) of the Treaty on the Functioning of the European Union,

| — | having regard to the opinion of the Commission (COM(2011)0596), |
| --- | --- |

—

having regard to the opinion of the Commission (COM(2011)0596),

| — | having regard to the undertaking given by the Council representative by letter of 31 May 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 the undertaking given by the Council representative by letter of 31 May 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 Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Legal Affairs (A7-0184/2012), |
| --- | --- |

—

having regard to the report of the Committee on Legal Affairs (A7-0184/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

1.

Adopts its position at first reading hereinafter set out;

| 2. | Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Court of Justice, the Commission and the national parliaments.

---

Thursday 5 July 2012P7_TC1-COD(2011)0902

Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU, Euratom) No .../2012 of the European Parliament and of the Council relating to temporary Judges of the European Union Civil Service Tribunal

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU, Euratom) No 979/2012.)

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/557 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/557

---

Thursday 5 July 2012Financial aid in the field of the trans-European transport and energy networks ***I

P7_TA(2012)0296

European Parliament legislative resolution of 5 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks (COM(2011)0659 – C7-0372/2011 – 2011/0301(COD))

2013/C 349 E/36

(Ordinary legislative procedure: first reading)

The European Parliament,

| — | having regard to the Commission proposal to Parliament and the Council (COM(2011)0659), |
| --- | --- |

—

having regard to the Commission proposal to Parliament and the Council (COM(2011)0659),

| — | having regard to Article 294(2) and Articles 172 and 173(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0372/2011), |
| --- | --- |

—

having regard to Article 294(2) and Articles 172 and 173(3) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0372/2011),

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

—

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

| — | having regard to the opinion of the European Economic and Social Committee of 23 February 2012 (1), |
| --- | --- |

—

having regard to the opinion of the European Economic and Social Committee of 23 February 2012 (1),

| — | after consulting the Committee of the Regions, |
| --- | --- |

—

after consulting the Committee of the Regions,

| — | having regard to the undertaking given by the Council representative by letter of 30 May 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 the undertaking given by the Council representative by letter of 30 May 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 Rule 55 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0150/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgets and the opinions of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism (A7-0150/2012),

| 1. | Adopts its position at first reading hereinafter set out; |
| --- | --- |

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; |
| --- | --- |

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. |
| --- | --- |

3.

Instructs its President to forward its position to the Council, the Commission and the national parliaments.

---

(1)  OJ C 143, 22.5.2012, p. 134.

---

Thursday 5 July 2012P7_TC1-COD(2011)0301

Position of the European Parliament adopted at first reading on 5 July 2012 with a view to the adoption of Regulation (EU) No .../2012 of the European Parliament and of the Council amending Decision No 1639/2006/EC establishing a Competitiveness and Innovation Framework Programme (2007-2013) and Regulation (EC) No 680/2007 laying down general rules for the granting of Community financial aid in the field of the trans-European transport and energy networks

(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) No 670/2012.)

---

| 29.11.2013 | EN | Official Journal of the European Union | CE 349/558 |
| --- | --- | --- | --- |

29.11.2013

EN

Official Journal of the European Union

CE 349/558

---

Thursday 5 July 2012Draft amending budget No 3/2012: surplus from the 2011 financial year

P7_TA(2012)0297

European Parliament resolution of 5 July 2012 on Council's position on Draft amending budget No 3/2012 of the European Union for the financial year 2012, Section III – Commission (11113/2012 – C7-0147/2012 – 2012/2071(BUD))

2013/C 349 E/37

The European Parliament,

| — | having regard to the Treaty on the Functioning of the European Union and in particular Articles 310 and 314 thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof, |
| --- | --- |

—

having regard to the Treaty on the Functioning of the European Union and in particular Articles 310 and 314 thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,

| — | having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) ('the Financial regulation'), and in particular Articles 15, 37 and 38 thereof, |
| --- | --- |

—

having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) ('the Financial regulation'), and in particular Articles 15, 37 and 38 thereof,

| — | having regard to the general budget of the European Union for the financial year 2012, as definitively adopted on 1 December 2011 (2), |
| --- | --- |

—

having regard to the general budget of the European Union for the financial year 2012, as definitively adopted on 1 December 2011 (2),

| — | having regard to Council's position on transfer request DEC 9/2012, adopted on 7 June 2012, |
| --- | --- |

—

having regard to Council's position on transfer request DEC 9/2012, adopted on 7 June 2012,

| — | 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 (3), |
| --- | --- |

—

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 (3),

| — | having regard to Draft amending budget No 3/2012 of the European Union for the financial year 2012, which the Commission submitted on 16 April 2012 (COM(2012)0181), |
| --- | --- |

—

having regard to Draft amending budget No 3/2012 of the European Union for the financial year 2012, which the Commission submitted on 16 April 2012 (COM(2012)0181),

| — | having regard to Council's position on Draft amending budget No 3/2012, which the Council established on 11 June 2012 (11113/2012 – C7-0147/2012), |
| --- | --- |

—

having regard to Council's position on Draft amending budget No 3/2012, which the Council established on 11 June 2012 (11113/2012 – C7-0147/2012),

| — | having regard to the Commission's proposal of 22 December 2010 for a Regulation of the European Parliament and of the Council on the financial rules applicable to the annual budget of the Union (COM(2010)0815), |
| --- | --- |

—

having regard to the Commission's proposal of 22 December 2010 for a Regulation of the European Parliament and of the Council on the financial rules applicable to the annual budget of the Union (COM(2010)0815),

| — | having regard to Rules 75b and 75e of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 75b and 75e of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgets (A7-0206/2012), |
| --- | --- |

—

having regard to the report of the Committee on Budgets (A7-0206/2012),

| A. | whereas Draft amending budget No 3/2012 aims to enter in the 2012 budget the surplus from the 2011 financial year, amounting to EUR 1 496 968 014, |
| --- | --- |

A.

whereas Draft amending budget No 3/2012 aims to enter in the 2012 budget the surplus from the 2011 financial year, amounting to EUR 1 496 968 014,

| B. | whereas the main components of that surplus are an under-spend in expenditure of EUR 0,73 billion, a positive outturn on income of more than EUR 0,67 billion, and a positive exchange rate difference of EUR 0,1 billion, |
| --- | --- |

B.

whereas the main components of that surplus are an under-spend in expenditure of EUR 0,73 billion, a positive outturn on income of more than EUR 0,67 billion, and a positive exchange rate difference of EUR 0,1 billion,

| C. | whereas the major part on the income side (EUR 0,45 billion out of EUR 0,67 billion) comes from fines and interest on late payments, |
| --- | --- |

C.

whereas the major part on the income side (EUR 0,45 billion out of EUR 0,67 billion) comes from fines and interest on late payments,

| D. | whereas the under-spend in expenditure, which concerns 2011 budget appropriations for EUR 0,56 billion and carry-overs from 2010 for EUR 0,17 billion, does not result from absorption difficulties or mismanagement but from the rules in force for adjusting the repartition of payments in line with needs, particularly during the last weeks of the financial year, |
| --- | --- |

D.

whereas the under-spend in expenditure, which concerns 2011 budget appropriations for EUR 0,56 billion and carry-overs from 2010 for EUR 0,17 billion, does not result from absorption difficulties or mismanagement but from the rules in force for adjusting the repartition of payments in line with needs, particularly during the last weeks of the financial year,

| E. | whereas, on the contrary, all available indicators point this year to a shortage in payments in many areas of EU intervention, notably because in 2011, for the second year in a row, the Budgetary Authority decreased the 2012 level of payment appropriations in the Union budget by more than EUR 3 billion, including for research and cohesion policy, as compared to Commission's initial estimates, |
| --- | --- |

E.

whereas, on the contrary, all available indicators point this year to a shortage in payments in many areas of EU intervention, notably because in 2011, for the second year in a row, the Budgetary Authority decreased the 2012 level of payment appropriations in the Union budget by more than EUR 3 billion, including for research and cohesion policy, as compared to Commission's initial estimates,

| F. | whereas, in its position on transfer request DEC 9/2012, Council drastically reduced the payment appropriations transferred to the research area, where urgent needs in payments are reported to honour previous commitments, but is finally reconsidering its position in the context of transfer request DEC 19/2012, |
| --- | --- |

F.

whereas, in its position on transfer request DEC 9/2012, Council drastically reduced the payment appropriations transferred to the research area, where urgent needs in payments are reported to honour previous commitments, but is finally reconsidering its position in the context of transfer request DEC 19/2012,

| G. | whereas Article 15 of the Financial Regulation provides that any discrepancy with the estimates is to be entered in the Union budget through an amending budget devoted solely to that discrepancy, |
| --- | --- |

G.

whereas Article 15 of the Financial Regulation provides that any discrepancy with the estimates is to be entered in the Union budget through an amending budget devoted solely to that discrepancy,

| 1. | Takes note of Draft amending budget No 3/2012 devoted solely to the budgeting of the 2011 surplus, in accordance with Article 15 of the Financial Regulation; stresses that the latter leaves some room of discretion as to the destination of the surplus; |
| --- | --- |

1.

Takes note of Draft amending budget No 3/2012 devoted solely to the budgeting of the 2011 surplus, in accordance with Article 15 of the Financial Regulation; stresses that the latter leaves some room of discretion as to the destination of the surplus;

| 2. | Takes note that the main components of that surplus are an under-spend in expenditure of EUR 0,73 billion, a positive outturn on income of more than EUR 0,67 billion, and a positive exchange rate difference of EUR 0,1 billion; |
| --- | --- |

2.

Takes note that the main components of that surplus are an under-spend in expenditure of EUR 0,73 billion, a positive outturn on income of more than EUR 0,67 billion, and a positive exchange rate difference of EUR 0,1 billion;

| 3. | Stresses that the under-spend in expenditure (EUR 0,73 billion) does not result from any absorption difficulties or mismanagement but from the rules currently in force for adjusting the repartition of payments in line with the needs; considers accordingly that it should be treated differently as compared to the part of the surplus that stems from variations in revenue; underlines moreover that a large part of this under-implementation results from Council's decision not to adopt the salary and pension adjustment provided for by the Staff Regulations; |
| --- | --- |

3.

Stresses that the under-spend in expenditure (EUR 0,73 billion) does not result from any absorption difficulties or mismanagement but from the rules currently in force for adjusting the repartition of payments in line with the needs; considers accordingly that it should be treated differently as compared to the part of the surplus that stems from variations in revenue; underlines moreover that a large part of this under-implementation results from Council's decision not to adopt the salary and pension adjustment provided for by the Staff Regulations;

| 4. | Deplores the fact that, despite the provisions of Article 310(5) of the Treaty on the Functioning of the European Union on sound financial management and the Joint Statement on payment appropriations agreed by all three institutions in the framework of 2012 budgetary procedure, Council initially decided to reduce by two thirds the level of the EUR 485 million transfer request DEC 9/2012 from under-implemented energy projects to aid economic recovery to reinforce three budget lines under FP7 - Cooperation; |
| --- | --- |

4.

Deplores the fact that, despite the provisions of Article 310(5) of the Treaty on the Functioning of the European Union on sound financial management and the Joint Statement on payment appropriations agreed by all three institutions in the framework of 2012 budgetary procedure, Council initially decided to reduce by two thirds the level of the EUR 485 million transfer request DEC 9/2012 from under-implemented energy projects to aid economic recovery to reinforce three budget lines under FP7 - Cooperation;

| 5. | Underlines that this would have artificially increased under-implementation for 2012 payments and therefore increased the 2012 surplus, when all available indicators already point this year to a shortage in payments in the field of research and other areas of EU intervention; therefore welcomes Council's reconsidering of its position through adopting transfer request DEC 19/2012; |
| --- | --- |

5.

Underlines that this would have artificially increased under-implementation for 2012 payments and therefore increased the 2012 surplus, when all available indicators already point this year to a shortage in payments in the field of research and other areas of EU intervention; therefore welcomes Council's reconsidering of its position through adopting transfer request DEC 19/2012;

| 6. | Approves, without amendment, Council position on Draft amending budget No 3/2012; |
| --- | --- |

6.

Approves, without amendment, Council position on Draft amending budget No 3/2012;

| 7. | Instructs its President to declare that Amending budget No 3/2012 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union; |
| --- | --- |

7.

Instructs its President to declare that Amending budget No 3/2012 has been definitively adopted and to arrange for its publication in the Official Journal of the European Union;

| 8. | Instructs its President to forward this resolution to the Council, the Commission and the national parliaments. |
| --- | --- |

8.

Instructs its President to forward this resolution to the Council, the Commission and the national parliaments.

---

(1)  OJ L 248, 16.9.2002, p. 1.

(2)  OJ L 56, 29.2.2012.

(3)  OJ C 139, 14.6.2006, p. 1.

---