Amendment 19
Article 27a (new)
Article 27aMonitoring the socio-economic impact of application of the
Regulation
The Commission shall draft a report on the socio-economic
impact of the application of this Regulation on the fisheriessector, particularly on employment and the economic situationof fishermen, shipowners and firms engaged in cod fishingand processing. The Commission shall produce this report inthe second year of application of this Regulation and in eachsubsequent year of its application, for submission to the Euro-pean Parliament by 30 April of the relevant year.
P6_TA(2007)0232
Specific rules as regards the fruit and vegetable sector *
European Parliament legislative resolution of 7 June 2007 on the proposal for a Council regulationlaying down specific rules as regards the fruit and vegetable sector and amending certain Regula-
tions (COM(2007)0017 —C6-0075/2007 —2007/0012(CNS))
(Consultation procedure)
The European Parliament,
— having regard to the Commission proposal to the Council (COM(2007)0017) (
1),
— having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parlia-
ment (C6-0075/2007),
— having regard to Rule 51 of its Rules of Procedure,
— having regard to the report of the Committee on Agriculture and Rural Development and the opinion
of the Committee on International Trade (A6-0183/2007),
(1) Not yet published in OJ.C 125 E/180 EN 22.5.2008 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
1. Approves the Commission proposal as amended;
2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;
4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal
substantially;
5. Instructs its President to forward its position to the Council and Commission.
TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 1
RECITAL 2
(2) In the light of experience it is necessary to change the
regime for fruit and vegetables in order to achieve the following
objectives: improving the competitiveness and market orienta-tion of the sector so as to contribute to achieving sustainableproduction that is competitive both on internal and externalmarkets, reducing fluctuations in producers' income resultingfrom crises on the market, increasing the consumption of fruitand vegetables in the Community and continuing the effortsmade by the sector to maintain and protect the environment.(2) In the light of experience it is necessary to change the
regime for fruit and vegetables in order to achieve the following
objectives: improving the competitiveness and market orienta-tion of the sector so as to contribute to achieving sustainableproduction that is competitive both on internal and externalmarkets, taking into account the situation of the new Member
States in order to reduce, if possible, the imbalances betweendifferent Member States and regions with the aim of main-taining farmers' incomes, reducing fluctuations in producers'
income resulting from crises on the market, increasing the con-sumption of fruit and vegetables in the Community and conti-nuing the efforts made by the sector to maintain and protectthe environment, protect public health and the interests of
consumers and make controls on imports of fruit and vegeta-bles from third countries more effective .
Amendment 2
RECITAL 5
(5) The scope of this Regulation should be products covered
by the common market organisations of the markets in fruitand vegetables and processed fruit and vegetables. However,
the provisions on producer organisations and interbranchorganisations and agreements only apply to products coveredby the common market organisation for fruit and vegetablesand this distinction should be maintained. The scope of the
common market organisation in fruit and vegetables shouldalso be extended to certain culinary herbs to allow them tobenefit from the regime.(5) The scope of this Regulation should be products covered
by the common market organisations of the markets in fruitand vegetables and processed fruit and vegetables. The scopeof the common market organisation in fruit and vegetablesshould also be extended to certain culinary herbs to allowthem to benefit from the regime.
Amendment 3
RECITAL 7
(7) The production and marketing of fruit and vegetables
should take full account of environmental concerns, includingcultivation practices, the management of waste materials and(7) The production and marketing of fruit and vegetables
should take full account of environmental concerns, includingcultivation practices, the management of waste materials and22.5.2008 EN C 125 E/181 Official Journal of the European Union
Thursday 7 June 2007
the disposal of products withdrawn from the market, in particu-
lar as regards the protection of water quality, the maintenanceof biodiversity and the upkeep of the countryside.the disposal of products withdrawn from the market, in particu-
lar as regards the protection of water quality, the maintenanceof biodiversity and the upkeep of the countryside. In order bet-
ter to assist farmers and operators in translating the high
quality of their products into higher revenue, the Commissionshould further investigate the possible introduction of a Euro-pean quality label.
Amendment 4
RECITAL 8
(8) Producer organisations are the basic elements in the fruit
and vegetables regime, the decentralised operation of which theyensure at their level. In the face of ever greater concentration ofdemand, the grouping of supply through these organisationscontinues to be an economic necessity in order to strengthenthe position of producers in the market. Such grouping mustbe effected on a voluntary basis and must prove its utility bythe scope and efficiency of the services offered by producerorganisations to their members.(8) Producer organisations and interbranch organisations
are the basic elements in the fruit and vegetables regime, thedecentralised operation of which they ensure at their level. Inthe face of ever greater concentration of demand, the groupingof supply through these organisations continues to be an eco-nomic necessity in order to strengthen the position of produ-cers in the market. However, securing a genuine improvement
in the position of producers vis-à-vis retail networks and largeprocessing concerns will require other, political, action to betaken at Community level. Such grouping must be effected on
a voluntary basis and must prove its utility by the scope andefficiency of the services offered by producer organisations totheir members.
Amendment 5
RECITAL 9
(9) Experience shows that producer organisations are the cor-
rect tool for grouping supply. However, the spread of producer
organisations in different Member States has been uneven. Inorder to further improve the attractiveness of producer organi-sations, provision should be made for more flexibility in theiroperation wherever possible. Such flexibility should concern inparticular the product range of a producer organisation, theextent of direct sales permitted and the extension of rules tonon-members as well as permitting the delegation of powers
or functions of producer organisations to associations of produ-
cer organisations, subject to necessary conditions, and the dele-
gation of functions to subsidiaries.(9) Experience shows that producer organisations are the cor-
rect tool for concentration of supply. However, the spread of
producer organisations in different Member States has beenuneven. In order to further improve the attractiveness of produ-cer organisations, provision should be made for more flexibilityin their operation wherever possible , as well as to prevent their
being excessively concentrated in areas where the productionand marketing conditions are more homogeneous, whichwould indirectly lead to overall supply being dispersed . Such
flexibility should concern in particular the product range of a
producer organisation, the extent of direct sales permitted andthe extension of rules to non-members as well as permitting thedelegation of powers or functions of producer organisations toassociations of producer organisations, subject to conditionsavailable to ensure their efficient operation , and the delegation
of functions to subsidiaries.
Amendment 6
RECITAL 11
(11) Producer groups in Member States which have acceded
to the Community in 2004 or thereafter and wishing to acquirethe status of producer organisations in accordance with thisRegulation should be allowed the benefit of a transitional periodduring which national and Community financial support can begiven against certain commitments by the group.(11) Producer groups in Member States which have acceded
to the Community in 2004 or thereafter and wishing to acquirethe status of producer organisations in accordance with thisRegulation should be allowed , insofar as the degree of concen-
tration of supply is still inadequate, the benefit of a transitional
period during which national and Community financial supportcan be given against certain commitments by the group.C 125 E/182 EN 22.5.2008 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 7
RECITAL 13
(13) In regions where the organisation of production is
weak, the grant of additional, national, financial contributionsshould be allowed. In the case of Member States which are at aparticular disadvantage with regard to structures, those contri-butions should bereimbursable by the Community.(13) In regions where the organisation of production is
weak, the grant of additional, national, financial contributionsshould be allowed. In the case of Member States which are at aparticular disadvantage with regard to structures, those contri-butions may bereimbursed by the Community at the request
of the competent authorities .
Amendment 8
RECITAL 14
(14) In order to simplify and reduce the cost of the scheme it
could be helpful to align, where possible, the procedures andrules for the eligibility of expenditure under operational fundswith those of rural development programmes by permittingMember States to establish a national strategy for operationalprogrammes.(14) In order to simplify and reduce the cost of the scheme it
could be helpful to align, where possible, the procedures andrules for the eligibility of expenditure under operational fundswith those of rural development programmes by permittingMember States to establish a national strategy for operationalprogrammes. In this national strategy, as well as in the
national strategic plan and in the rural development pro-
grammes, the measures adopted by the Member States to pre-
vent the dual financing of the measures should be specified. Inaddition, in the interests of greater legal certainty and of mak-ing the operational fund measures more effective, MemberStates should be allowed to draw up negative lists of eligibil-ity.
Amendment 9
RECITAL 16
(16) A number of heterogeneous aid schemes for certain
fruit and vegetables have been set out in Regulations (EC)No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. Thenumber and variety of those schemes have made them complexto administer. Whilst they have been targeted at some specificfruits and vegetables, they have not been able to fully take intoaccount regional conditions of production, and have not cov-ered all fruit and vegetables. It is therefore appropriate to seeka different tool for supporting fruit and vegetable producers.(16) A number of heterogeneous aid schemes for certain
fruit and vegetables have been set out in Regulations (EC)No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. Thenumber and variety of those schemes have made them complexto administer and may create legal uncertainty . Whilst they
have been targeted at some specific fruits and vegetables, theyhave not been able to fully take into account the species
brought in by the new Member States or the regional condi-
tions of production, and have not covered all fruit and vegeta-bles. It is therefore appropriate to seek a different tool for sup-
porting fruit and vegetable producers.
Amendment 10
RECITAL 18
(18) In the interests of a more targeted but flexible system of
support for the fruit and vegetables sector and in the interestsof simplification, it is therefore appropriate to abolish the exist-ing aid schemes and include fruit and vegetables fully into the
scheme established by Regulation (EC) No 1782/2003. To thisend it is necessary to provide that farmers who produced fruitand vegetables in the reference period should be eligible for thesingle payment scheme. Provision should also be made for the
establishment by Member States of reference amounts and(18) In the interests of a more targeted but flexible system of
support for the fruit and vegetables sector and in the interestsof simplification, it is therefore appropriate to abolish the exist-ing aid schemes and include fruit and vegetables at least par-
tially into the scheme established by Regulation (EC)
No 1782/2003. To this end it is necessary to provide that farm-ers who produced fruit and vegetables in the reference periodshould be eligible for the single payment scheme and to set
national envelopes on the basis of a representative period22.5.2008 EN C 125 E/183 Official Journal of the European Union
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TEXT PROPOSED
BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
eligible hectares under the single payment scheme on the basis
of a representative period appropriate to the market of eachfruit and vegetable product and of appropriate objective and
non-discriminatory criteria. Areas planted with fruit and vegeta-
bles, including permanent fruits and vegetables should be eligi-ble to the single payment scheme. National ceilings should beamended appropriately. Provision should also be made for theCommission to adopt detailed rules and any necessary transi-tional measures.appropriate to the market of each fruit and vegetable product
and of appropriate objective and non-discriminatory criteria.Areas planted with fruit and vegetables, including permanent
fruits and vegetables should be eligible to the single payment
scheme. National ceilings should be amended appropriately ,
with reference to the new fruit and vegetable market situationresulting from the accession of the new Member States . Provi-
sion should also be made for the Commission to adopt detailedrules and any necessary transitional measures.
Amendment 11
RECITAL 18A (new)
(18a) Areas planted with fruit and vegetables should be
excluded from the single payment scheme, in order to ensurethat they cannot be destined for any other agricultural activ-ity, until their potential effects on structures and on fruit andvegetable markets are known, thereby respecting the case-lawof the Court of Justice of the European Communities (
1) which
demands the submission of detailed impact studies to justifysubstantial legislative changes. The report that the Commis-sion is to submit to the Council on the regional applicationof the single payment scheme, referred to in Article 60(8) ofRegulation (EC) No 1782/2003, should, on the one hand,
analyse the impact of the scheme on areas planted with fruit
and vegetables that already enjoy freedom of production and,on the other, incorporate a specific analysis of the potentialeffects of the liberalisation on the whole sector of fruit andvegetables and potatoes in the Community.
(1) Judgment of 7 September 2006 in Case C-310/04 Spain v
Council [2006] ECR I-7285.
Amendment 12
RECITAL 18B (new)
(18b) Because of the enlargement of 2004, cherries and
berries (strawberries, raspberries and redcurrants) have
become products of great social and economic importance for
the Union, but they are nevertheless undergoing a great struc-tural crisis and require specific support measures. Area-basedCommunity aid is therefore provided for these crops underconditions that ensure the viability of holdings and promotestructural improvement, in particular concentration of supply.
Amendment 13
RECITAL 19
(19) The production of fruit and vegetables is unpredictable
and the products are perishable. Surplus on the market, even ifit is not too great, can strongly disturb the market. Someschemes for market withdrawals have been operated but haveproved somewhat complex to administer. Some further mea-
sures for crisis management should be introduced, in a manner(19) The production of fruit and vegetables is unpredictable
and the products are perishable. Surplus on the market, even ifit is not too great, can strongly disturb the market. Someschemes for market withdrawals have been operated but haveproved somewhat complex to administer and inefficient. The
fruit and vegetable sector is characterised by marketC 125 E/184 EN 22.5.2008 Official Journal of the European Union
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as easy to apply as possible. Integration of all such measures
into the operational programmes of producer organisationsappears the best approach in these circumstances, and should
also provide for increased attractiveness of producer organisa-
tions for producers.instability, and in the event of price collapses the current sys-
tem of market withdrawals is of limited effectiveness as asafety net for farmers' incomes, owing to insufficient pay-
ments, excessive bureaucracy, shortcomings in organisation in
the production regions, failure to recognise the productionpotential in order to ensure correct market management, theeffect of imports from third countries and the lack of genuineoutlets for the products withdrawn. More effective, horizontalmeasures for crisis management , applicable to all farmers from
all market sectors, should be introduced, in a manner as easy to
apply as possible. Integration of all such measures into a secur-
ity fund financed separately from the operational programmes
of producer organisations appears the best approach in thesecircumstances, and should also provide for increased attractive-ness of producer organisations for producers. The Member
States are allowed to devise management measures to tackleserious national and/or regional crises. Those measures shouldbe defined in the context of the national strategy and, if theMember States deem it appropriate, should be financed by
part of the national reserve of payment entitlements referred
to in Article 42 of Regulation (EC) No 1782/2003.
Amendment 14
RECITAL 19A (new)
(19a) In common organisations of the market which are
very open to markets, such as that for fruit and vegetables,interbranch organisations play an extremely important part
in initial marketing and in the quality of products. They
make it possible not only to improve the competitiveness ofthe sector but also to combat market fluctuations. Their func-tioning therefore considerably limits major market disruptionsand protects producers against crises.
Amendment 15
RECITAL 20A (new)
(20a) In the event of a substantial change to the existing
system, the areas earmarked for production of cultivatedmushrooms may be eligible for the single payment system pro-vided for by Regulation (EC) No 1782/2003.
Amendment 16
RECITAL 20B (new)
(20b) Average consumption of fruit and vegetables is still
below the levels recommended by the World Health Organiza-tion and nutrition experts for their importance in achieving abalanced diet and their substantial role in the prevention ofchronic illnesses. In some Member States, moreover, consump-tion is gradually falling. In order to counter this trend the roleand resources of producer organisations as regards promotionshould be stepped up and funding should be increased for theinformation campaigns and measures to promote the con-sumption of fruit and vegetables referred to in Regulation(EC) No 2826/2000 for all sections of the population,22.5.2008 EN C 125 E/185 Official Journal of the European Union
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especially the under-18s. In addition, it would be appropriate
to improve the conditions for free distribution of fruit andvegetables within the EU and, as far as possible, also in third
countries near the Community.
Amendment 17
RECITAL 23
(23) The creation of a single Community market involves the
introduction of a trading system at the external borders of theCommunity. That trading system should include import dutiesand should, in principle, stabilise the Community market. Thetrading system should be based on the undertakings acceptedunder the Uruguay Round of multilateral trade negotiations.(23) The creation of a single Community market involves the
introduction of a trading system at the external borders of theCommunity. That trading system should include import dutiesand should, in principle, stabilise the Community market. Thetrading system should be based on the undertakings acceptedunder the Uruguay Round of multilateral trade negotiations,which should entail the elimination of the export refundsgranted to the sector in the past and the reconversion of theamounts allocated to this into internal measures compatiblewith the multilateral framework. In addition, it is necessaryto step up information and promotion measures on fruit and
vegetable products in third countries in the context of Council
Regulation (EC) No 2702/1999 of 14 December 1999 onmeasures to provide information on, and to promote, agricul-tural products in third countries (
1). The Commission shall
submit the relevant proposals for the revision of the Regula-tion.
(1) OJ L 327, 21.12.1999, p. 7. Regulation as last amended by Reg-
ulation (EC) No 2060/2004 (OJ L 357, 2.12.2004, p. 3).
Amendment 18
RECITAL 25
(25) Monitoring the volume in trade in agricultural products
with third countries may, in respect of certain products, requirethe introduction of licensing systems for imports and exportsincluding the lodging of a security to ensure that the transac-tions for which such licences are issued are actually carried out.The Commission should, therefore, be empowered to introducelicensing systems in respect of such products.(25) Monitoring the volume in trade in agricultural products
with third countries may, in respect of certain products, requirethe introduction of licensing systems for imports and exportsincluding the lodging of a security to ensure that the transac-tions for which such licences are issued are actually carried out.The Commission should, therefore, be empowered to introducelicensing systems in respect of such products. In order to pro-
tect consumer health and prevent the pollution of crops byalien harmful organisms, it is necessary to complement thecertification systems with new provisions, different fromthose of the present Regulation, with a view to strengtheningthe plant health control and quality systems at the borders. Inthis connection, it would be desirable to create a Europeanquality control agency for fruit and vegetable products from
third countries, under the supervision of the European Food
Safety Agency.
Amendment 19
RECITAL 28A (new)
(28a) The process of coordinating, at Community level, the
negotiation of plant health protocols with third countries forthe export of fruit and vegetables should be supported.C 125 E/186 EN 22.5.2008 Official Journal of the European Union
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Amendment 21
RECITAL 30
(30) Since the common markets in agricultural products are
continuously evolving , the Member States and the Commission
should keep each other informed of relevant developments.(30) The dynamism of the fruit and vegetable sector, sub-
ject to structural changes in production or commerce that alterthe operation of markets, requires that the Member States and
the Commission should keep each other informed of the most
relevant developments ascertained. It would also be appropri-
ate to establish a price observatory capable of providingdetailed and objective information on markets and thus facil-itate the triggering of action by the Commission in the eventof serious crises. In addition, progress should be made increating a European authority to ensure the transparency ofcommercial transactions and strict compliance with the ruleson competition, in particular by large-scale retailers .
Amendment 22
RECITAL 31
(31) The fruit and vegetables regime provides for certain
obligations to be respected. To guarantee compliance withthese obligations, there is a need for controls and the applica-tion of penalties in case of non-compliance with such obliga-
tions. The power should, therefore, be conferred on the Com-
mission to set up the corresponding rules including those con-cerning the recovery of undue payments and on the reportingobligations of the Member States. The special corps of inspec-
tors in the fruit and vegetable sector will no longer be necess-ary under the new regime and may be abolished.(31) The fruit and vegetables regime provides for certain
obligations to be respected. To guarantee compliance withthese obligations, there is a need for controls and the applica-tion of penalties in case of non-compliance with such obliga-
tions. The power should, therefore, be conferred on the Com-
mission to set up the corresponding rules including those con-cerning the recovery of undue payments and on the reportingobligations of the Member States.
Amendment 23
ARTICLE 1, SUBPARAGRAPH 1
This Regulation lays down specific rules applying to the pro-
ducts listed in Article 1(2) of Regulation (EC) No 2200/96 andin Article 1(2) of Regulation (EC) No 2201/96.This Regulation lays down specific rules applying to the pro-
ducts listed in Article 1(2) of Regulation (EC) No 2200/96 andin Article 1(2) of Regulation (EC) No 2201/96 , as well as to the
important products introduced by the new Member States .
Amendment 24
ARTICLE 1, SUBPARAGRAPH 2
However Titles III and IV of this Regulation shall only apply
in respect of the products listed in Article 1(2) of Regulation(EC) No 2200/96.deleted
Amendment 25
ARTICLE 1, SUBPARAGRAPH 3
Article 39 shall apply to potatoes, fresh or chilled of
CN code 0701.deleted22.5.2008 EN C 125 E/187 Official Journal of the European Union
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Amendment 26
ARTICLE 2, PARAGRAPH 1
1. Provision may be made by the Commission for marketing
standards for one or more of the products listed in Article 1(2)of Regulation (EC) No 2200/96 and in Article 1(2) of Regula-tion (EC) No 2201/96.1. Provision may be made by the Commission for marketing
standards for one or more of the products listed in Article 1(2)of Regulation (EC) No 2200/96 and in Article 1(2) of Regula-tion (EC) No 2201/96. To this end, account shall be taken of
the UNECE standards recommended by the Working Party onAgricultural Quality Standards set up under the auspices ofthe United Nations Economic Commission for Europe. Untilthe adoption of new standards, the standards adopted pur-suant to Article 2 of Regulation (EC) No 2200/96 shall
remain applicable.
Amendment 27
ARTICLE 2, PARAGRAPH 2, POINT B
(b)may in particular relate to quality, grading, weight, sizing,
packaging, wrapping, storage, transport, presentation, mar-keting and labelling.(b)concern in particular quality, grading, weight, sizing, packa-
ging, wrapping, storage, transport, presentation, marketing ,
origin and labelling , including mandatory labelling of ori-
gin for fresh fruit and vegetable products used in pro-cessed fruit and vegetable products, as well as the specific
forms of production .
Amendment 28
ARTICLE 2, PARAGRAPH 3, SUBPARAGRAPH 1
3. Save as otherwise provided for by the Commission in
accordance with the criteria referred to in point (a) of para-graph 2, the products for which marketing standards have beenlaid down may be marketed in the Community only in accor-dance with such standards.3. Save as otherwise provided for by the Commission in
accordance with the criteria referred to in point (a) of para-graph 2, the products for which marketing standards have beenlaid down may be marketed in the Community only in accor-dance with such standards. The owner of products for which
standards are adopted may display them for sale, put them
on sale, sell them, dispatch them or otherwise market themwithin the EU only if they comply with those standards. Heshall be responsible for their conformity with the standards.
Amendment 30
ARTICLE 2, PARAGRAPH 3A (new)
3a. In the retail phase, in order to ensure proper consumer
information, products shall bear the indications required by
the standards. These indications shall include, as a minimum:
(a) variety or variety type;
(b) origin of the product;
(c) category.C 125 E/188 EN 22.5.2008 Official Journal of the European Union
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Amendment 31
ARTICLE 2, PARAGRAPH 3B (new)
3b. Pending the adoption of new provisions for the imple-
mentation of the controls, the control provisions in respect ofconformity with the standards laid down in Commission Reg-ulation (EC) No 1148/2001 of 12 June 2001 on checks onconformity to the marketing standards applicable to freshfruit and vegetables (
1) shall remain in force.
(1) OJ L 156, 13.6.2001, p. 9. Regulation as last amended by Reg-
ulation (EC) No 408/2003 (OJ L 62, 6.3.2003, p. 8).
Amendment 32
ARTICLE 3, PARAGRAPH 1, POINT A
(a) it is formed on the initiative of farmers within the meaning
of Article 2(a) of Regulation (EC) No 1782/2003, who are
growers of one or more products listed in Article 1(2) of
Regulation (EC) No 2200/96 ;(a) it is formed on the initiative of farmers within the meaning
of Article 2(a) of Regulation (EC) No 1782/2003, who
are growers of one or more products referred to in
Article 1(1) of this Regulation ;
Amendment 33
ARTICLE 3, PARAGRAPH 1, POINT B (III)
(iii)reducing production costs and stabilising producer prices; (iii) optimising production costs and stabilising producer
prices;
Amendment 34
ARTICLE 3, PARAGRAPH 1, POINT B (IVA) (new)
(iva) promoting products of certified quality.
Amendment 35
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 1, POINT A
(a) apply the rules adopted by the producer organisation relat-
ing to production reporting, production, marketing andprotection of the environment;(a) apply the rules adopted by the producer organisation relat-
ing to production information and reporting, production,
marketing and protection of the environment;
Amendment 36
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 1, POINT E
(e) pay the financial contributions provided for in its rules of
association for the establishment and replenishment ofthe operational fund provided for in Article 7.deleted22.5.2008 EN C 125 E/189 Official Journal of the European Union
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Amendment 37
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 2, POINT C
(c) where the producer organisation so authorises, market
through another producer organisation designated by theirown organisation products which, because of their charac-teristics, are not normally covered by the commercial activ-ities of the producer organisation concerned.(c) where the producer organisation so authorises, market
themselves or through another producer organisation
designated by their own organisation products which,because of their characteristics, are not normally coveredby the commercial activities of the producer organisationconcerned.
Amendment 38
ARTICLE 3, PARAGRAPH 2A (new)
2a. For the purposes of this Regulation, ‘association of pro-
ducer organisations ’shall mean any legal person formed by
two or more recognised producer organisations, having, in par-ticular, the following objectives:
(a) replacing their members in the management of the opera-
tional fund referred to in Article 7 and in the preparation,presentation and implementation of the operational pro-
grammes referred to in Article 8;
(b) managing market crises;(c) undertaking other activities delegated by the members
pursuant to Article 5.
Amendment 39
ARTICLE 4, PARAGRAPH 1
1. Member States shall recognise as producer organisations
for the purposes of this Regulation all producer groups applyingfor such recognition, on condition that:1. Member States shall recognise as producer organisations
for the purposes of this Regulation all producer groups applyingfor such recognition, on condition that:
(a) they meet the requirements laid down in Article 3 and pro-
vide the relevant evidence, including proof that they have aminimum number of members and cover a minimumvolume of marketable production to be laid down by Mem-ber States;(a) they meet the requirements laid down in Article 3 and pro-
vide the relevant evidence, including proof that they have aminimum number of members and cover a minimumvolume of marketable production to be laid down by Mem-ber States;
(b) there is sufficient evidence that they can carry out their
activities properly, both over time and in terms of effective-ness and concentration of supply;(b) there is sufficient evidence that they can carry out their
activities properly, both over time and in terms of effective-ness and concentration of supply;
(c) they effectively enable their members to obtain technical
assistance in using environmentally-sound cultivation prac-tices;(c) they provide their members with technical assistance in
using environmentally-sound cultivation practices;
(d) they effectively provide their members, if necessary, with
the technical means for storing, packaging and marketing
their produce and ensure proper commercial and budgetarymanagement of their activities.(d) they have the technical and human resources necessary for
storing, packaging and marketing their produce and ensureproper commercial and budgetary management of theiractivities.C 125 E/190 EN 22.5.2008 Official Journal of the European Union
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Amendment 40
ARTICLE 4, PARAGRAPH 2
2. Member States may also recognise as producer organi-
sations for the purposes of this Regulation producer organisa-tions which do not comply with the requirement laid down inArticle 3(1)(a) provided that:2. Producer organisations recognised pursuant to Regula-
tion (EC) No 2200/96 prior to 31 December 2007 shall ben-efit from a two-year transition period starting on 1 January2008, provided they continue to satisfy the requirements ofthe relevant articles of Regulation (EC) No 2200/96. Associa-tions that have been pre-recognised pursuant to Regulation(EC) No 2200/96 shall maintain their pre-recognised statusuntil the end of the implementation period of the recognitionplan.
(a) they existed before 21 November 1996;
(b) they were recognised under Council Regulation (EEC)
No 1035/72 before 1 January 1997.
The other requirements laid down in Article 3, except, if
appropriate, paragraph 1(c) thereof, and in paragraph 1 ofthis Article shall apply to producer organisations recognisedpursuant to the first subparagraph of this paragraph.
Amendment 41
ARTICLE 4, PARAGRAPH 3A (new)
3a. Member States shall establish the conditions for recog-
nition of associations of recognised producer organisations.
Amendment 42
ARTICLE 5, PARAGRAPH 1
1. A Member State may permit producer organisations to
delegate anyof their powers to an association of producer orga-
nisations of which they are members provided that the MemberState considers that the association is capable of exercising thosepowers effectively.1. A Member State may permit producer organisations to
delegate all or part of their powers to an association of recog-
nised producer organisations of which they are members ,o rt o
subsidiary organisations in accordance with conditions to beestablished, provided that the Member State considers that the
association is capable of exercising those powers effectively.
Amendment 43
ARTICLE 6, TITLE
Νew Member States Νew Member States and remote and island regions
Amendment 131
ARTICLE 6, PARAGRAPH 1, SUBPARAGRAPH 1
1. Producer organisations in Member States which acceded to
the Community in 2004 or thereafter may be allowed a transi-tional period of no more than five years in which to meet theconditions for recognition laid down in Article 4.1. Producer organisations in Member States which acceded to
the Community in 2004 or thereafter and in remote and island
regions may be allowed a transitional period of no more than
five years in which to meet the conditions for recognition laiddown in Article 4.22.5.2008 EN C 125 E/191 Official Journal of the European Union
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BY PARLIAMENT
Amendment 45
ARTICLE 6A (new)
Article 6aFinancing of the recognition plans1. The aid referred to under Article 6(2a) shall be granted
on a flat-rate basis.
2. The amount of that aid shall be determined, for each
producer organisation, on the basis of the value of its annualmarketed production, and shall be equal to:
(a) in the first, second, third, fourth and fifth years, 10 %,
10 %, 8 %, 6 % and 4 % respectively of the value of themarketed production up to a maximum of
EUR 2 000 000, and:
(b) in the first, second, third, fourth and fifth years, 5 %, 5 %,
4 %, 3 % and 3 % respectively of the value of the marketedproduction in excess of EUR 2 000 000.
3. The Commission shall determine, in its implementing
rules, the maximum limits on aid per producer organisation,as well as the payment methods.
Amendment 46
ARTICLE 7, PARAGRAPH 1, POINT A
(a) financial contributions of members or the producer organi-
sation itself;(a) financial contributions of members or the producer organi-
sation itself ; in the latter case, the funds contributed by
the producer organisation may have their origins decidedby the Member States ;
Amendment 48
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT BA (new)
(ba) promotion of consumer protection measures,
Amendment 49
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT EA (new)
(ea) promotion of designations of origin and geographical
indications,
Amendment 50
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT EB (new)
(eb) better adjustment of supply to demand, with the intro-
duction of restructuring programmes if necessary,C 125 E/192 EN 22.5.2008 Official Journal of the European Union
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Amendment 51
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT F
(f) crisis management. deleted
Amendment 52
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FA (new)
(fa) the adoption of measures geared to processing products
for use as biofuel.
Amendment 53
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FB (new)
(fb) training,
Amendment 54
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FC (new)
(fc) harvest insurance.
Amendment 55
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 2
Crisis management shall be related to avoiding and dealing
with crises on the fruit and vegetable markets and shallcover in this context:deleted
(a) market withdrawals,
(b) green harvesting or non-harvesting of fruit and
vegetables,
(c) promotion and communication,(d) training measures,
(e) harvest insurance,
(f) support for the administrative costs of setting up mutual
funds.
Amendment 126
ARTICLE 8, PARAGRAPH 2, SUBPARAGRAPH 1
2. Operational programmes shall include action to develop
the use of environmentally sound techniques by the producermembers with regard to both cultivation practices and the man-agement of waste materials.2. Operational programmes shall include action to develop
the use of environmentally sound techniques , using Community
legislation as a point of reference, by the producer members
with regard to both cultivation practices and the managementof waste materials.22.5.2008 EN C 125 E/193 Official Journal of the European Union
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BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 56
ARTICLE 8, PARAGRAPH 3
3. Investments which increase environmental pressure shall
only be permitted in situations where effective safeguards toprotect the environment from these pressures are in place.deleted
Amendment 57
ARTICLE 8, PARAGRAPH 4
4. Operational programmes shall include action to promote
the consumption of fruit and vegetables targeted at young con-sumers at local, regional or national level.4. Operational programmes may include , on a voluntary
basis, action to promote the consumption of fruit and vegeta-
bles targeted , in particular, at young consumers at local, regio-
nal or national level , including via specific actions aimed at
promoting the daily consumption of those products in schools .
Amendment 58
ARTICLE 8, PARAGRAPH 4A (new)
4a. Member States may establish, in the framework of the
national strategies referred to in Article 11, a negative list ofmeasures eligible under the operational funds for the producerorganisations in a given region or area of production, takingaccount of the specific structural conditions coexisting there.
Amendment 59
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 1
1. The Community financial assistance shall be equal to the
amount of the financial contributions of member producers asactually paid but limited to 50 % of the actual expenditureincurred.1. The Community financial assistance shall be equal to the
amount of the financial contributions of member producers asactually paid but limited to 50 % of the actual expenditureincurred for operational programmes in accordance with the
procedures laid down in Article 12a(2) for the Security Fund .
Amendment 60
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2
The Community financial assistance shall be capped at 4,1 % of
the value of the marketed production of each producer organi-sation.The Community financial assistance shall be capped at 6% of
the value of the marketed production of each producer organi-sation.
Amendment 61
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2A (new)
The Community financial aid may be supplemented by part of
the national reserve referred to in Article 42 of Regulation(EC) No 1782/2003, up to a maximum of 0,5 % of the refer-ence amounts allocated to each Member State, including theSecurity Fund mentioned in Article 12a of this Regulation.Member States shall inform the Commission of their interestC 125 E/194 EN 22.5.2008 Official Journal of the European Union
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in this optional funding possibility, and shall take it into
account when determining their national strategies as referredto in Article 11.
Amendment 62
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2B (new)
However, the limitation of financial assistance shall not apply
where the percentage of the expenditure incurred is increasedto 60 %, as provided for in paragraph 2 below.
Amendment 63
ARTICLE 9, PARAGRAPH 2, POINT A
(a) it is submitted by several Community producer organisa-
tions operating in different Member States on transnational
schemes;(a) it is submitted by several Community producer organisa-
tions operating on joint schemes or, in different Member
States, on transnational schemes;
Amendment 64
ARTICLE 9, PARAGRAPH 2, POINT C
(c) it covers solely specific support for the production of
organic products covered by Council Regulation (EC)No 2092/91;(c) it includes schemes relating to specific support for the pro-
duction of organic products covered by Council Regulation(EEC) No 2092/91 and the action provided for in the first
subparagraph of Article 8(2), or else action to supportintegrated fruit and vegetable production, in line withthe rules in force in those Member States which haveregulated this type of production in the absence of specificCommunity rules;
Amendment 65
ARTICLE 9, PARAGRAPH 2, POINT F
(f) it is submitted by producer organisations in Member States
where producer organisations market less than 20 % of fruitand vegetables production;(f) it is submitted by producer organisations in Member States
where producer organisations market less than 20 % of fruitand vegetables production , or by producer organisations
operating in regions in which less than 20 % of fruit andvegetable production is marketed by producer organisa-tions, or by producer organisations recognised before theentry into force of this Regulation, over 50 % of whosemarketed production value comes from aid for processedproducts under Regulation (EC) No 2201/96 and Regula-tion (EC) No 2202/96 ;
Amendment 66
ARTICLE 9, PARAGRAPH 2, POINT GA (new)
(ga) it is submitted by a recognised producer organisation
for a product for which there is a weak associativemovement;22.5.2008 EN C 125 E/195 Official Journal of the European Union
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BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 67
ARTICLE 9, PARAGRAPH 2, POINT GB (new)
(gb) it is submitted by a recognised producer organisation
for a product of major economic or ecological importance,local or regional, which encounters permanent difficultieson the Community market, owing in particular to inter-national competition;
Amendment 68
ARTICLE 9, PARAGRAPH 2, POINT GC (new)
(gc) it is submitted by an association of recognised producer
organisations.
Amendment 69
ARTICLE 9, PARAGRAPH 2, SUBPARAGRAPH 1A (new)
The limit referred to in the second subparagraph of para-
graph 1 shall not apply to the share of Community financialaid above the limit referred to in the first subparagraph ofthat paragraph.
Amendment 70
ARTICLE 9, PARAGRAPH 3
3. The percentage provided for in the first subparagraph of
paragraph 1 shall be 100 % in the case of market withdrawalsof fruit and vegetables which shall not exceed 5 % of thequantity of the marketed production of each producer organi-sation and which are disposed of by way of:deleted
(a) free distribution to charitable organisations and founda-
tions, approved to that effect by the Member States, foruse in their activities to assist persons whose right topublic assistance is recognised in national law, in particu-lar 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 aswell as to hospitals and old people's homes designated bythe Member States, which shall take all necessary steps toensure that the quantities thus distributed are additionalto the quantities normally bought in by such establish-ments.
Amendment 71
ARTICLE 11, PARAGRAPH 1
1. Member States shall establish a national framework for
drawing up the general conditions relating to the measures ref-erred to in the first subparagraph of Article 8(2). This frame-
work shall provide in particular that at least 20 % of the totalexpenditure under an operational programme shall relate tothose measures.1. Member States shall establish a national framework
for drawing up the general conditions relating to the measuresreferred to in the first subparagraph of Article 8(2).C 125 E/196 EN 22.5.2008 Official Journal of the European Union
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Member States shall submit their proposed framework to the
Commission, which may request modifications within threemonths if it finds that the proposal does not enable the objec-
tives set out in Article 174 of the Treaty and in the Commun-
ity programme of policy and action in relation to the environ-ment and sustainable development to be attained. Individualinvestments supported by operational programmes shall alsorespect those objectives.
Amendment 72
ARTICLE 11, PARAGRAPH 2, INTRODUCTORY PART
2. Member States shall establish a national strategy for sus-
tainable operational programmes in the fruit and vegetable mar-ket. Such a strategy should provide for the following elements:2. Member States shall , on the basis of the guidelines drawn
up by the Commission and with a view to devising and asses-sing the programmes, establish a national strategy for sustain-
able operational programmes in the fruit and vegetable market.Such a strategy should provide for the following elements:
Amendment 73
ARTICLE 11, PARAGRAPH 2, POINT C
(c) assessment of operational programmes; (c) monitoring and assessment of operational programmes;
Amendment 74
ARTICLE 11, PARAGRAPH 2, POINT DA (new)
(da) actions undertaken to ensure that there is no duplica-
tion of funding as between the rural development ornational framework programmes and the operational pro-grammes;
Amendment 75
ARTICLE 11, PARAGRAPH 2, POINT DB (new)
(db) optionally, negative lists of measures eligible under the
operational funds for given regions or areas of production,in the case of recourse to Article 8(4a).
Amendment 76
ARTICLE 11, PARAGRAPH 2, SUBPARAGRAPH 2
The strategy should also integrate the national framework ref-
erred to in paragraph 1.deleted
Amendment 77
ARTICLE 11, PARAGRAPH 2, SUBPARAGRAPH 2A (new)
2a. The Member States shall forward their draft national
strategies to the Commission, which shall publish them inthe manner that it deems appropriate.22.5.2008 EN C 125 E/197 Official Journal of the European Union
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Amendment 78
ARTICLE 12, PARAGRAPH 3A (new)
3a. There shall be compatibility with the aids from the two
Community agricultural funds, the EARDF and the EAGGF,and, where relevant, the ERDF. Member States shall make thenecessary controls to verify that there is no duplication in thefunding of actions.
Amendment 79
ARTICLE 12, PARAGRAPH 3B (new)
3b. Operational programmes drawn up by 2007 and
already approved in accordance with Regulation (EC)No 2200/96 shall remain valid until their expiry unless theproducer organisation decides otherwise.
Amendment 80
CHAPTER IIA (new), ARTICLES 12A AND 12B (new)
Chapter IIaSecurity FundArticle 12a
Definition of ‘serious crisis ’
The concept of ‘serious crisis ’shall be defined by each Mem-
ber State for each product, on the basis of the differencebetween the product's value on the market and the averagevalue registered for an earlier representative period. Accountshall be taken of any differential price level which could ser-iously prejudice the interests of producers as a whole.
Article 12b
Criteria for action for the Security Fund
1. Member States shall include in their respective national
strategies the creation of a security fund with the aim of deal-ing with serious crises in the sector, in accordance with thefollowing criteria:
(a) the existence of a serious crisis shall be declared by the
Member States and/or regions and shall be defined foreach product intended to be integrated within the Fund
in the framework of the national strategies concerned. In
this context the producer organisations could, jointly withthe Member State and/or the regions, choose all or someof the following actions:
—market withdrawals,C 125 E/198 EN 22.5.2008 Official Journal of the European Union
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—green harvesting or non-harvesting of fruit and vege-
tables,
—promotion and communication,
—training measures,
—market or income insurance,
—support for the administrative costs of setting up
mutual funds, and for the contributions of the produ-cer organisations' members to those funds,
—processing aid for dual-use products;
(b) the actions to be taken in case of serious crisis shall
affect all producers in one or more economic areasrecognised by the Commission in Chapter III of thisTitle, which shall contribute to financing the expenditurecorresponding to their participation in the Fund, as wellas administrative expenditure;
(c) the Community contribution to this Fund will amount to
two thirds; the remaining one third shall be provided bythe producer organisations of the areas affected by thecrisis;
(d) where a serious crisis is declared, the non-associated pro-
ducers in the areas affected shall contribute to the finan-cing, thus complementing the part supplied by the asso-ciated producers, including administrative expenditure;
(e) if no serious crises are declared in the period concerned,
the corresponding sums included in the Fund may be com-mitted afresh for promotion campaigns of a general nat-ure or remain in the Fund for future campaigns.
2. Member States shall notify the Commission of the crea-
tion of the Security Fund and the specific conditions requiredfor each individual product. The Commission shall officiallyapprove the creation and operation of the Fund.
3. Complementarily to the provisions of paragraph 1(c), the
Community contribution to the Security Fund may draw onpart of the national reserve provided for in Article 42 of Reg-ulation (EC) No 1782/2003, up to an overall maximum of0,5 % of the reference amounts allocated to each MemberState under Article 9 of this Regulation. Member Statesshall inform the Commission of their interest in this optionalfunding possibility, and shall take it into account when deter-mining their national strategies as referred to in Article 11.22.5.2008 EN C 125 E/199 Official Journal of the European Union
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BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 81
ARTICLE 13, PARAGRAPH 1, SUBPARAGRAPH 1
1. In cases where a producer organisation which operates in
a specific economic area is considered, in respect of a specificproduct, to be representative of production and producers inthat area, the Member State concerned may, at the request ofthe producer organisation, make the following rules binding onproducers established in the area who do not belong to theproducer organisation:1. In cases where a producer organisation or an association
of producer organisations which operates in a specific eco-
nomic area is considered, in respect of a specific product, to berepresentative of production and producers in that area, theMember State concerned may, at the request of the producerorganisation, make the following rules binding on producersestablished in the area who do not belong to the producer orga-nisation:
(a) the rules referred to in point (a) of the first subparagraph of
Article 3(2);(a) the rules referred to in point (a) of the first subparagraph of
Article 3(2);
(b) the rules adopted by the producer organisation relating to
market withdrawals .(b) the rules adopted by the producer organisation relating to
crisis prevention and management .
Amendment 82
ARTICLE 13, PARAGRAPH 1, SUBPARAGRAPH 2
The first subparagraph shall apply on condition that those rules: The first subparagraph shall apply on condition that those rules:(a) have been in force for at least one marketing year,
(b) are included in the exhaustive list in Annex I, (a) are included in the exhaustive list in Annex I,
(c) are made binding for no more than three marketing years. (b) are made binding for no more than three marketing years.
Amendment 83
ARTICLE 13, PARAGRAPH 3
3. A producer organisation shall be deemed representative
within the meaning of paragraph 1 where its members accountfor at least 50 % of the producers in the economic area in whichit operates and it covers at least 60 % of the production of thatarea.3. A producer organisation or an association of producer
organisations shall be deemed representative within the mean-
ing of paragraph 1 where its members account for at least 50 %of the producers , or producers belonging to producer organisa-
tions ,in the case of associations of producer organisations, in
the economic area in which it operates and it covers at least
60 % of the production of that area.
Amendment 84
ARTICLE 13, PARAGRAPH 5
5. Rules may not be made binding on producers of organic
products covered by Regulation (EC) No 2092/91 unless such ameasure has been agreed to by at least 50 % of such producersin the economic area in which the producer organisation oper-ates and that organisation covers at least 60 % of such produc-tion of that area.5. Rules may not be made binding on producers of organic
products covered by Regulation (EEC) No 2092/91 unless such
a measure has been agreed to by at least 50 % of such producersin the economic area in which the producer organisation or
association of producer organisations operates and that organi-
sation covers at least 60 % of such production of that area.C 125 E/200 EN 22.5.2008 Official Journal of the European Union
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Amendment 86
ARTICLE 16, POINT A
(a) are made up of representatives of economic activities linked
to the production of ortrade in orprocessing of the pro-
ducts listed in Article 1(2) of Regulation (EC)
No 2200/96 ;(a) are made up of representatives of economic activities linked
to the production of and/or trade in and/or processing of
the products listed in Article 1(1) of this Regulation ;
Amendment 88
ARTICLE 19, PARAGRAPH 3, POINT A (VII)
(vii) measures to protect organic farming as well as designa-
tions of origin, quality labels and geographical indications;(vii) measures to protect organic and integrated farming as
well as designations of origin, quality labels and geographi-
cal indications;
Amendment 89
ARTICLE 19, PARAGRAPH 3, POINT B
(b) must have been in force for at least one marketing year; (b) must have been in force for at least one marketing year
except in cases of crisis prevention and management ;
Amendment 90
ARTICLE 30, PARAGRAPH 2
2. Where the declared entry price of the consignment in
question is higher than the flat-rate import value, increased
by a margin set in accordance with the procedure referred to
in Article 46(2) of Regulation (EC) No 2200/96 which maynot exceed the flat-rate value by more than 10 %, the lodgingof a security equal to the import duty determined on the basisof the flat-rate import value shall be required .2. Where the flat-rate import value is lower than the entry
price under the common customs tariff, imports shall be sub-
ject to the additional import duty laid down in the common
customs tariff for products included in the entry price regime .
Amendment 91
ARTICLE 30, PARAGRAPH 3
3. If the entry price of the consignment in question is not
declared at the time of customs clearance, the common cus-toms tariff duty rate to be applied shall depend on the flat-rate import value or be arrived at by application of the rele-vant customs legislation provisions under conditions to bedetermined in accordance with the procedure referred to inArticle 46(2) of Regulation (EC) No 2200/96.deleted
Amendment 92
ARTICLE 31, PARAGRAPH 2
2. Additional import duties shall not be imposed where the
imports are unlikely to disturb the Community market, orwhere the effects would be disproportionate to the intendedobjective.deleted22.5.2008 EN C 125 E/201 Official Journal of the European Union
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Amendment 93
ARTICLE 35
Suspension of Inward Processing Arrangements Abolition of Inward Processing Arrangements
To the extent necessary for the proper functioning of the com-
mon organisation of the markets, the use of inward processing
arrangements for the products falling within the scope of thisRegulation may befully or partially prohibited in accordance
with the procedure referred to in Article 46(2) of Regulation(EC) No 2200/96 .To the extent necessary for the proper functioning of the com-
mon organisation of the markets, the use of inward processing
arrangements for the products falling within the scope of thisRegulation shall, at the request of the Member State con-
cerned, be prohibited.
Amendment 95
ARTICLE 37
Suspension of Outward Processing Arrangements Abolition of Outward Processing Arrangements
To the extent necessary for the proper functioning of the com-
mon organisation of the markets, the use of outward processingarrangements for the products falling within the scope of thisRegulation may befully or partially prohibited in accordance
with the procedure referred to in Article 46(2) of Regulation(EC) No 2200/96 .To the extent necessary for the proper functioning of the com-
mon organisation of the markets, the use of outward processingarrangements for the products falling within the scope of thisRegulation shall be prohibited.
Amendment 97
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT I
(i) the provision for marketing standards referred to in
Article 2;(i) the provision for marketing standards referred to in Arti-
cle 2 and the list of products covered by those standards ;
Amendment 98
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT III
(iii) rules on derogations from the standards; (iii) rules on derogations and exemptions from the standards;
Amendment 99
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT IV
(iv) rules on presentation of particulars required by the
standards,(iv) rules on presentation , marketing and labelling required by
the standards;
Amendment 100
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINT II
(ii) the degree of, and detailed rules for, financing of the mea-
sures referred to in Article 6 and Article 10(1);(ii) the degree of, and detailed rules for, financing of the mea-
sures referred to in Articles 6 and 6a and Article 10(1) .
The amount of the aid referred to in Article 6(2)(a) shallbe not less than 10 %, 10 %, 8 %, 6 % and 4 % of the set-ting-up and running costs of the producer group in thefirst, second, third, fourth and fifth years respectively ;C 125 E/202 EN 22.5.2008 Official Journal of the European Union
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Amendment 101
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINTS IIA, IIB AND IIC (new)
(iia) the general Community framework for the encourage-
ment of integrated production;
(iib) the general framework for the creation and operation of
the Security Fund referred to in Article 12a;
(iic) the general funding framework chargeable to the
national reserve referred to in Article 42 of Regulation(EC) No 1782/2003;
Amendment 102
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINTS IID, IIE AND IIF (new)
(iid) rules for the calculation of the value of the production
marketed for the purpose of constituting the operationalfund referred to in Article 7, also with reference to therepeal of the aid schemes envisaged in Regulations (EC)No 2201/96 and No 2202/96;
(iie) rules designed to ensure transition as regards the recog-
nition of producer organisations and their associations;
(iif) rules designed to ensure transition in the case of multi-
annual contracts drawn up in the context of the system ofaid for citrus fruit production laid down in Regulation(EC) No 2202/96;
Amendment 103
ARTICLE 38, SUBPARAGRAPH 2, POINTS IA, IB AND IC (new)
(ia) operational rules of a price monitoring unit at Commun-
ity level, which would provide timely and objective infor-
mation on market trends and would make it possible for
the Commission and the producer organisations to dealwith any price crises at the appropriate moment;
(ib) presentation of a report, no later than 1 January 2009,
on the possible creation of a European authority to moni-tor the transparency of commercial transactions in theCommunity fruit and vegetables sector and ensure fullcompliance with competition law by operators occupyinga dominant position;
(ic) measures to reinforce information and promotion cam-
paigns in favour of fruit and vegetable products in thirdcountries in the framework of Regulation (EC)No 2702/1999;22.5.2008 EN C 125 E/203 Official Journal of the European Union
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Amendment 104
ARTICLE 39
Article 39 deleted
State aids
Articles 87, 88 and 89 of the Treaty shall apply to the
production of and trade in potatoes, fresh or chilled ofCN code 0701.
Amendment 105
ARTICLE 40, POINT 1a (new)
Article 1, paragraph 2 (Regulation (EC) No 2200/96)
(1a) In Article 1(2), the following products are added to the
table:
CN 0701 Fresh or chilled potatoes
CN 089 10 20 Saffron
CN 0810 00 and 0811 10 StrawberriesCN 0810 20 10 and 0811 20 31 RaspberriesCN 0810 90 50 Currants
CN 0811 20 39 Gooseberries
CN 0809 20 Sour cherriesCN 0812 10 00 Sweet cherriesCN 0813 20 00 PrunesNC Pimientos for paprika
Amendment 106
ARTICLE 42, POINT −1 (new)
Article 5, paragraph 2 (Regulation (EC) No 2826/2000)
(−1) Article 5(2) is replaced by the following:
2. When laying down the guidelines referred to in
paragraph 1, the Commission may consult the StandingGroup on Promotion of Agricultural Products of theAdvisory Committee on Agricultural Product Health andSafety, and shall also establish close cooperationC 125 E/204 EN 22.5.2008 Official Journal of the European Union
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internally between its relevant services, with the active
involvement of those responsible for public health, with aview to drawing up the above strategy.
Amendment 107
ARTICLE 42, POINT 1
Article 5, paragraph 3 (Regulation (EC) No 2826/2000)
As regards the promotion of fresh fruits and vegetables , the
main target group shall be children under 18 years.As regards the promotion of fresh fruits and vegetables , the
target groups shall be segmented, and the main groupsaddressed shall be the low-income social strata, who currently
consume the least, and, in particular, children under 18 years ,
with the aim of promoting new food habits .
Amendment 108
ARTICLE 43, POINT 3A (new)
Article 42, paragraph 5a (new) (Regulation (EC) No 1782/2003)
3a. The following paragraph is inserted in Article 42:
5a. Member States may use part of the national
reserve to finance the operational programmes and, ifnecessary, the Security Fund referred to respectively inArticles 9 and 12a of Council Regulation (EC) No XXX/2007 of XX laying down specific rules as regards thefruit and vegetable sector and amending certain regula-tions. This part of the reserve, which shall in no caseexceed the global maximum of 0,5 % of the percentagereferred to in paragraph 1, shall be distributed on thebasis of objective criteria and in such a way as to ensureequal treatment among farmers and to prevent any distor-tion of the market or of competition. The Commissionshall lay down the specific conditions of use.
Amendment 109
ARTICLE 43, POINT 5, DA (new)
Article 44, paragraph 2, subparagraph 2 (Regulation (EC) No 1782/2003)
(da) areas given over to the production of mushrooms.
Amendment 110
ARTICLE 43, POINT 5, DB (new)
Article 44, paragraph 2, subparagraph 2 (Regulation (EC) No 1782/2003)
(db) areas planted with nursery crops.22.5.2008 EN C 125 E/205 Official Journal of the European Union
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BY THE COMMISSIONAMENDMENTS
BY PARLIAMENT
Amendment 111
ARTICLE 43, POINT 6
Article 51 (Regulation (EC) No 1782/2003)
Farmers may use the parcels declared in accordance with Arti-
cle 44(3) for any agricultural activity except for permanentcrops. However farmers may use the parcels for the followingpermanent crops:Farmers may use the parcels declared in accordance with Arti-
cle 44(3) for any agricultural activity except for permanentcrops and for the products referred to in Article 1(2) of Reg-
ulation (EC) No 2200/96, as amended by Regulation (EC) NoXXX/2007 laying down specific provisions for the fruit and
vegetable sector and amending certain regulations, or for
potatoes other than those used for producing starch. However
farmers may use the parcels for the following permanent crops:
(a) hops, (a) hops,(b) olive trees, (b) olive trees,(c) bananas, (c) bananas.
(d) permanent fruit and vegetable crops.
In accordance with Article 60(8), the Commission shall sub-
mit to the European Parliament and the Council a report on
the possible structural and market consequences of the single
payment regime, implemented at regional level and alreadypermitting the use of land for fruit and vegetables on anoptional basis. This report shall specifically evaluate thepotential impact of permitting the generalised conversion ofplots used for fruit and vegetables into eligible areas underthe single payment regime, especially in regions and areasthat specialise in such production.
Amendment 112
ARTICLE 43, POINT 6A (new)
Article 59, paragraph 4a (new) (Regulation (EC) No 1782/2003)
(6a) In Article 59 the following paragraph is added:
4a. Regarding the fruit and vegetable sector in the
transitional period up to 2010-2011, Member Statesshall have the possibility, in consultation with the profes-sional organisations, of establishing, in addition to imple-mentation of cross-compliance, a compulsory production
volume for processing in respect of one or more fruit
and vegetable products included in full decouplingarrangements.
Amendment 113
ARTICLE 43, POINT 8A (new)
Article 71, paragraph 1 (Regulation (EC) No 1782/2003)
(8a) In Article 71, paragraph 1 is replaced by the following:
1. Where specific agricultural conditions so warrant, a
Member State may decide, by 1 August 2004 at the lat-est, to apply the single payment scheme after a transi-tional period which shall expire either on 31 DecemberC 125 E/206 EN 22.5.2008 Official Journal of the European Union
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2005 or on 31 December 2006. In the case of Regulation
(EC) No XXX/2007, this transitional period shall end on31 December 2013 and a Member State may decide, by
1 August 2008 at the latest, to apply the new payments.
Amendment 114
ARTICLE 43, POINT 10A (new)
Title IV, Chapter [X1] (new) (Regulation (EC) No 1782/2003)
(10a) In Title IV, the following chapter is added:
CHAPTER [X1]
AID FOR PROCESSED TOMATOES
Article [x1]Scope1. In respect of the 2008, 2009, 2010, 2011, 2012
and 2013 marketing years, up to 50 % of the ‘national
ceilings ’component under Article 41, corresponding to
payments in respect of tomatoes for processing, may beretained in order to grant area aid to recognised produ-cers' organisations whose members grow ex NC 0702industrial tomatoes for processing.
2. In such circumstances the Member State shall decide
by 1 September 2007 at the latest whether to apply theprovisions of this chapter and shall determine the amountto be retained.
Article [x2]AmountsThe Member State shall establish a unit amount per hec-
tare of area.
Article [x3]Conditions of admissibility1. Aid shall be granted to recognised producers' orga-
nisations under Article x1, which shall transfer it tofarmers belonging to each organisation, on the basisof the hectares of admissible area growing tomatoes forprocessing.
2. In order to benefit from the aid, the area must be
cultivated entirely in accordance with normal agriculturalpractice in the region, and crops must be kept in placeuntil the fruit's ripening stage.22.5.2008 EN C 125 E/207 Official Journal of the European Union
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However, if tomatoes have not reached the ripening stage
owing to exceptional weather conditions recognised assuch by the Member States, the areas given over to toma-
toes shall remain admissible for aid provided the areas
concerned are not used for other purposes until theripening stage.
Amendment 132
ARTICLE 43, POINT 10B (new)
Title IV, Chapter 4a (new) (Regulation (EC) No 1782/2003)
(10b) In Title IV (OTHER AID SCHEMES), the following
Chapter 4a is inserted:
CHAPTER 4aAREA PAYMENTS FOR SOFT FRUIT AND SOUR
CHERRIES FOR PROCESSING
Article 87aCommunity aid
1. A Community aid shall be granted to farmers pro-
ducing soft fruit and sour cherries under the conditions
laid down in this Chapter.
Soft fruit shall include:
—strawberries falling within CN codes 0810 00 and
0811 10,
—raspberries falling within CN codes 0810 20 10 and
0811 20 31,
—blackcurrants and gooseberries falling within CN
codes CN 0810 90 50 and 0811 20 39,
—sour cherries falling within CN code 0809 20.
2. Member States may differentiate the aid in function
of the products or by increasing or decreasing the NGAsestablished in accordance with Article 87b(3). However,in each Member State, the total amount of aid grantedin a given year shall not be higher than the ceiling refer-red to in Article 87b(1).
Article 87bAreas1. A Member State shall grant the Community aid
within the limit of a ceiling calculated by multiplyingthe number of hectares of its NGA as fixed in para-graph 3 by the average amount of EUR 230 per hectare.C 125 E/208 EN 22.5.2008 Official Journal of the European Union
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2. A maximum guaranteed area of 130 000 ha is
hereby established.
3. The Commission shall divide the maximum guaran-
teed area into NGAs in accordance with the traditional
production declared in the past.
4. Payments shall be granted on the basis of objective
and non-discriminatory criteria laid down by the MemberStates.
5. Member States may subdivide their NGAs into sub-
areas in accordance with objective criteria, in particular atregional level or in relation to the production.
Article 87cOverrun of the sub-base areasWhen a Member State subdivides its NGA in sub-base
areas and one or more sub-base areas are exceeded, thearea per farmer for which Community aid is claimedshall be reduced proportionately in that year for the farm-ers in the sub-base areas where their limits have beenexceeded. This reduction shall be made when, in the Mem-ber State concerned, the areas in sub-base areas, whichhave not reached their limits, have been redistributed tosub-base areas in which those limits have been exceeded.
Article 87dConditions for eligibility1. Payment of the Community aid shall be conditional
on, in particular, minimum plot size.
2. Member States may make the granting of Commun-
ity aid conditional on farmers being members of a produ-cer organisation or a producer group granted preliminaryrecognition under Articles 4 or 6 of Regulation (EC)No XXX/07.
3. If the provision of paragraph 2 is applied, Member
States may decide that the payment of the aid referred toin paragraph 1 is made to a producer organisation or a
producer group granted preliminary recognition on behalf
of its members. The amount of aid received by the produ-cer organisation or the producer group granted prelimin-ary recognition shall be paid to its members. However,Member States may authorise a producer organisation ora producer group granted preliminary recognition, ascompensation for the services provided to its members, tooperate a deduction on the amount of Community aid upto a maximum of 2 %.22.5.2008 EN C 125 E/209 Official Journal of the European Union
Thursday 7 June 2007
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Article 87e
National aid1. Member States may grant national aid, in addition
to the Community aid, up to a maximum of EUR 200 perhectare per year.
2. The national aid may be paid only for areas receiv-
ing Community aid.
Article 87fArticles 143a and 143c shall not apply to the aid for soft
fruit and sour cherry crops in the Community as at 1 Jan-uary 2007.
Amendment 118
ARTICLE 43, POINT 10C (new)
Title IV, Chapter 10h (new) (Regulation (EC) No 1782/2003)
(10c) In Title IV, the following Chapter is added:
Chapter 10hArea payment for garlicArticle 110p1. An area payment shall be granted to traditional pro-
ducers of garlic, subject to the provisions laid down in
this chapter.
2. Member States shall inform the Commission of the
number of cultivated hectares in the traditional areas,with a view to establishing a maximum guaranteed area,to be divided up between the Member States.
3. The Commission shall determine that area, as well
as the implementing rules, on the basis of the proceduredescribed in Article 46(2) of Regulation (EC)No 2200/96.
Amendment 117
ARTICLE 43, POINT 10D (new)
Article 143a, subparagraph 1a (new) (Regulation (EC) No 1782/2003)
(10d) In Article 143a, the following subparagraph is added:
The area payments for tomatoes intended for processing
provided for in Chapter 10g and the area payments forcherries and soft fruit provided for in Chapter 10h shallbe paid in their entirety as from the entry into force ofRegulation (EC) No XXX/2007 under the conditions laiddown in those Chapters.C 125 E/210 EN 22.5.2008 Official Journal of the European Union
Thursday 7 June 2007
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Amendment 115
ARTICLE 43, POINT 10E (new)
Article 143 bb (new) (Regulation (EC) No 1782/2003)
(10e) The following article is inserted:
Article 143bbSeparate area payment for tomatoes intended for proces-
sing
1. By way of derogation from Article 143b, the new
Member States applying the single area payment schememay decide to grant farmers eligible under that scheme aseparate payment for tomatoes intended for processing. It
shall be granted on the basis of objective and non-discri-
minatory criteria such as:
—quantity of tomatoes intended for processing covered
by delivery contracts,
—number of hectares planted with tomatoes intended
for processing and in respect of a period representa-tive of one or more marketing years as from2004/2005, to be determined by the Member State.
2. The separate payment for tomatoes intended for
processing shall be allocated from the financial envelope
earmarked for such aid.
3. By way of derogation from paragraph 2, each new
Member State concerned may decide by 31 October 2007at the latest on the basis of objective criteria to apply alower ceiling than that listed in point Ma of Annex VII inrespect of the separate payment for tomatoes intended forprocessing.
4. The funds made available for granting the separate
payment for tomatoes intended for processing in accor-dance with paragraphs 1, 2 and 3 shall not be includedin the annual financial envelope referred to in
Article 143b(3). If paragraph 3 is applied, the differential
between the ceiling listed in point Ma of Annex VII andthat actually applied shall be included in the annualfinancial envelope referred to in Article 143b(3).
5. Articles 143a and 143c shall not apply to the sepa-
rate payment for tomatoes intended for processing.22.5.2008 EN C 125 E/211 Official Journal of the European Union
Thursday 7 June 2007
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BY THE COMMISSIONAMENDMENTS
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Amendment 119
ARTICLE 45
The aid schemes set out in Regulations (EC) No 2201/96 and
(EC) No 2202/96 and abolished by this Regulation shall remain
applicable in respect of each of the products concerned for themarketing year for that product which ends during 2008.The aid scheme set out in Regulation (EC) No 2201/96 and
abolished by this Regulation shall remain applicable in respectof each of the products concerned for the marketing year forthat product which ends during 2008. The aid scheme set out
in Regulation (EC) No 2202/96 shall remain in force for themarketing years 2008/2009 and 2009/2010.
Amendment 120
ANNEX I, PARAGRAPH 4A (new)
4a. Rules on crisis prevention and management.
Amendment 121
ANNEX II, POINT 3A (new)
Annex VI (Regulation (EC) No 1782/2003)
3a. In Annex VI, the following heading is added:
(Sector): Fruit and vegetables for processing
(Legal basis) Relevant articles of Regulations (EC)
Nos 2201/96 and 2202/96
(Remarks) Aid per hectare
Amendment 122
ANNEX II, POINT 4A (NEW)
Annex VII, point M a (new) (Regulation (EC) No 1782/2003)
4a. In Annex VII, the following point is added:
Ma. Separate area payment for tomatoes intended for
processing
1. Member States which joined the Community in
2004 or later shall determine the amount to be includedin the reference amount of each farmer on the basis ofobjective and non-discriminatory criteria such as:
—the amount of market support received, directly or
indirectly, by the farmer in respect of tomatoesintended for processing,
—the area used to produce tomatoes intended for
processing,
—the amount of tomatoes intended for processing
produced,
in respect of a representative period of one or more mar-
keting years starting from the marketing year ending in2004 up to the marketing year ending in 2007.C 125 E/212 EN 22.5.2008 Official Journal of the European Union
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Member States shall calculate the applicable hectares
referred to in Article 43(2) of this regulation on thebasis of objective and non-discriminatory criteria such
as the areas referred to in the second indent of the first
paragraph.
2. If the amounts established in accordance with the
first paragraph exceed the ceilings set out below,expressed in thousand euro, for a given MemberState, the amount for each farmer shall be reduced pro-portionately.
(1 000 EUR)
Bulgaria 5 394
Czech Republic 414
Cyprus 274
Malta 932Hungary 4 512
Romania 1 738
Poland 6 715Slovakia 1 018
Amendment 123
ANNEX II, POINT 5
Annex VIII, row corresponding to ‘Spain ’(Regulation (EC) No 1782/2003)
2008 4 830 954
2009 4 838 536
2010 and subsequent years 4 840 4132008 4 868 312
2009 4 875 894
2010 and subsequent years 4 877 771
P6_TA(2007)0233
Regional Strategy Papers and Regional Indicative Programmes for Mercosur and
Latin America
European Parliament resolution of 7 June 2007 on the draft Commission decision establishing
Regional Strategy Papers and Regional Indicative Programmes for Mercosur and Latin America
The European Parliament ,
— having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of
18 December 2006 establishing a financing instrument for development cooperation (1),
(1) OJ L 378, 27.12.2006, p. 41.22.5.2008 EN C 125 E/213 Official Journal of the European Union
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