EN Official Journal of the European Union C 36/294

P7_TA(2013)0085

Single CMO Regulation (Decision on the opening of interinstitutional negotiations)

European Parliament decision of 13 March 2013 on the opening of, and on the mandate for, interinstitutional negotiations on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation) (COM(2011)0626/3 — C7-0339/2011 — COM(2012)0535 — C7-0310/2012 — 2011/0281(COD) — 2013/2529(RSP))

(2016/C 036/40)

The European Parliament,

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

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

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

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

MANDATE

Amendment 1

Proposal for a regulation

Citation 3 a (new)

Text proposed by the Commission Amendment Having regard to the opinion of the Court of Auditors (1) ,

Amendment 2

Proposal for a regulation

Citation 4 a (new)

Text proposed by the Commission Amendment Having regard to the opinion of the Committee of the Regions (2) ,

Amendment 3

Proposal for a regulation

Recital 1

Text proposed by the Commission Amendment (1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EU) No [COM(2010)799] of […] establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation (EU) No [COM(2010)799] and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts. (1) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on ‘The CAP towards 2020: Meeting the food, natural resources and territorial challenges of the future’ sets out potential challenges, objectives and orientations for the Common agricultural Policy (CAP) after 2013. In the light of the debate on that Communication, the CAP should be reformed with effect from 1 January 2014. That reform should cover all the main instruments of the CAP, including Council Regulation (EC)) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) . In view of the scope of the reform, it is appropriate to repeal Regulation (EC) No 1234/2007 and to replace it with a new Single CMO Regulation. The reform should also, as far as possible, harmonise, streamline and simplify the provisions, particularly those covering more than one agricultural sector, including by ensuring that non-essential elements of measures may be adopted by the Commission by way of delegated acts. Moreover, the reform shall continue in the direction of previous reforms towards greater competitiveness and market orientation.

Amendment 4

Proposal for a regulation

Recital 1 a (new)

Text proposed by the Commission Amendment (1a) The implementation of this Regulation should be consistent with the development cooperation objectives of the Union's Policy Framework for Food Security (COM (2010) 127) with specific regard to ensure that CAP measures do not jeopardise the food production capacity and long term food security in developing countries and the ability of their populations to feed themselves, while complying with the objectives of the Union's development cooperation policy under Article 208 of the Treaty on the Functioning of the European Union.

Amendment 5

Proposal for a regulation

Recital 1 b (new)

Text proposed by the Commission Amendment (1b) One key aim of the common agricultural policy should be to guarantee food security and food sovereignty in the Member States, implying a need, as regards production, for regulation and distribution systems that allow countries and regions to develop their production in a manner that enables them, as far as possible, to meet their needs. In addition, it is of vital importance to redress the balance of power within the food production chain in favour of producers.

Amendment 6

Proposal for a regulation

Recital 2

Text proposed by the Commission Amendment (2) It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. (2) In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt delegated acts in accordance with Article 290 of the Treaty should be delegated to the Commission to enable it to supplement or modify certain non-essential elements of the present Regulation. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment 7

Proposal for a regulation

Recital 3

Text proposed by the Commission Amendment (3) Pursuant to Article 43(3) of the Treaty on the Functioning of the European Union (the Treaty), the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis. deleted

Amendment 8

Proposal for a regulation

Recital 4

Text proposed by the Commission Amendment (4) This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is in certain cases inextricably linked to those basic elements. (4) This Regulation should contain all the basic elements of the Single CMO. The fixing of prices, levies, aid and quantitative limitations is, as a general rule, inextricably linked to those basic elements.

Amendment 9

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission Amendment (5a) Account should be taken of the objectives set out by the European Commission for the future Common Agricultural Policy in the area of the sustainable management of natural resources, food security, agricultural activity across Europe, balanced regional development, the competitiveness of European farming and the simplification of the CAP.

Amendment 10

Proposal for a regulation

Recital 5 b (new)

Text proposed by the Commission Amendment (5b) It is especially important for farmers that the administrative rules for implementing the Common Agricultural Policy are simplified, without this resulting in an excessive standardisation of the criteria that fails to take specific local and regional features into account.

Amendment 11

Proposal for a regulation

Recital 7

Text proposed by the Commission Amendment (7) This Regulation and other acts adopted under Article 43 to the Treaty refer to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to such Regulations. The Commission should be able to adopt implementing measures to make such adjustments . In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed and the power integrated into the present Regulation. (7) This Regulation refers to the description of products and references to the headings or subheadings of the combined nomenclature. Amendments to the Common Customs Tariff nomenclature may necessitate consequential technical adjustments to this Regulation . The power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission . In the interests of clarity and simplicity, Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products which currently provides for such a power should be repealed and a new adjustment procedure should be integrated into the present Regulation.

Amendment 12

Proposal for a regulation

Recital 11

Text proposed by the Commission Amendment (11) In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of fixing the marketing years for those products. deleted

Amendment 13

Proposal for a regulation

Recital 12 a (new)

Text proposed by the Commission Amendment (12a) As an emergency measure, public intervention on the market should be pursued only with the aim of stabilising extreme price volatility due to temporary excess demand on the European market. It should not be used to stabilise structural excess production.

Amendment 14

Proposal for a regulation

Recital 13

Text proposed by the Commission Amendment (13) For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support). In this context it should be understood that market intervention can take the form of public intervention as well as other forms of intervention that do not use ex-ante established price indications. (13) For the sake of clarity and transparency, the provisions should be made subject to a common structure, whilst maintaining the policy pursued in each sector. For that purpose it is appropriate to distinguish between reference prices and intervention prices and to define the latter, in particular, clarifying that only intervention prices for public intervention correspond to the applied administered prices referred to in the first sentence of paragraph 8 of Annex 3 to the WTO Agreement on Agriculture (i.e. price gap support). It should also be understood that market intervention can take the form of public intervention and aid for private storage, as well as other forms of intervention that do not, whether wholly or in part, use ex-ante established price indications.

Amendment 15

Proposal for a regulation

Recital 14

Text proposed by the Commission Amendment (14) As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of intervention should be available during certain periods of the year and should be open during that period either on a permanent basis or should be opened depending on market prices. (14) As appropriate to each sector concerned in the light of the practice and experience under previous CMOs, the system of public intervention should be available , whenever there is a manifest need, and open, either on a permanent basis or depending on market prices.

Amendment 16

Proposal for a regulation

Recital 16

Text proposed by the Commission Amendment (16) This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances and that ensures equal access to goods and equal treatment of purchasers. (16) This Regulation should provide for the possibility of disposal of products bought in public intervention. Such measures should be taken in a way that avoids market disturbances, ensures equal access to goods and equal treatment of purchasers and enables produce to be made available for the scheme for food distribution to the most deprived in the Union .

Amendment 17

Proposal for a regulation

Recital 16 a (new)

Text proposed by the Commission Amendment (16a) The Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors are essential for the purposes of price recording and for the application of the intervention arrangements in those sectors. Moreover, they pursue the objective of improving market transparency.

Amendment 18

Proposal for a regulation

Recital 16 b (new)

Text proposed by the Commission Amendment (16b) Aid for private storage should achieve its aims of stabilising markets and contributing to a fair standard of living for the agricultural community. It should therefore be triggered not only by indicators linked to market prices, but also in response to particularly difficult market conditions, above all those which have a significant impact on agricultural producers’ profit margins.

Amendment 19

Proposal for a regulation

Recital 22

Text proposed by the Commission Amendment (22) In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Union scales for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors. (22) In order to standardise the presentation of the different products for the purposes of improving market transparency, price recording and the application of market intervention arrangements in the form of public intervention and private storage , and in order to take account of the specific features found in the Union and of technical developments and sectoral requirements, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in order to adapt and update the scales used in the Union for the classification of carcasses in the beef and veal, pigmeat and sheepmeat and goatmeat sectors.

Amendment 20

Proposal for a regulation

Recital 23 a (new)

Text proposed by the Commission Amendment (23a) In order to strengthen and supplement the existing market management tools and to ensure their smooth operation, an instrument based on private supply management and the coordination of the various operators should be implemented. Through that instrument, recognised associations of producer organisations of an appropriate market size should have the option of withdrawing a product during the marketing year.

Amendment 21

Proposal for a regulation

Recital 23 b (new)

Text proposed by the Commission Amendment (23b) To prevent this instrument having effects contrary to the objectives of the CAP or impairing the smooth operation of the internal market, the power to adopt acts in accordance with Article 290 of the Treaty, should be delegated to the Commission in respect of establishing rules on the operation and activation of the instrument. Furthermore, in order to ensure that this instrument is compatible with Union legislation, the power to adopt acts in accordance with Article 290 of the Treaty with regard to the rules on its financing should be delegated to the Commission, including the cases where it considers it would be appropriate to grant aid for private storage.

Amendment 22

Proposal for a regulation

Recital 25

Text proposed by the Commission Amendment (25) The consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply to children in educational establishments of such products should therefore be promoted. (25) In order to promote the healthy eating habits of children, the consumption of fruit and vegetables and milk products amongst children should be encouraged, including by durably increasing the share of those products in the diets of children at the stage when their eating habits are being formed. Union aid to finance or co-finance the supply of such products to children in educational establishments , pre-schools and other establishments offering extracurricular activities should therefore be promoted. These schemes should also contribute to achieving the aims of the CAP, including raising farm incomes, stabilising markets and securing supply, both now and in the future.

Amendment 23

Proposal for a regulation

Recital 26

Text proposed by the Commission Amendment (26) In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any national existing school fruit schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to the schemes with contributions from the private sector. In order to make their school fruit scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid. (26) In order to ensure a sound budgetary management of the schemes, appropriate provisions for each one should be established. Union aid should not be used to replace funding for any existing national school fruit , vegetable and milk product schemes. In the light of budgetary constraints, Member States should nonetheless be able to replace their financial contribution to any such national school fruit and vegetable schemes with contributions from the private sector. In order to make their school fruit and vegetable scheme effective, Member States should provide for accompanying measures for which Member States should be allowed to grant national aid.

Amendment 24

Proposal for a regulation

Recital 27

Text proposed by the Commission Amendment (27) In order to promote the healthy eating habits of children , to ensure the efficient and targeted use of European Funds and to promote awareness of the scheme the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants; objective criteria for the allocation of aid between Member States, the indicative allocation of aid between Member States and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; and requiring participating Member States to publicise the subsidising role of the scheme . (27) In order to ensure that the scheme is implemented effectively to achieve the objectives set for it , to ensure the efficient and targeted use of European Funds and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school fruit and vegetable scheme concerning: the products that are ineligible for the scheme; the target group of the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid, including the accompanying measures; the approval and selection of aid applicants; additional criteria relating to the indicative allocation of aid and the method for reallocating aid between Member States based on applications received; the costs eligible for aid, including the possibility of fixing an overall ceiling for such costs; monitoring and evaluation; and establishing the conditions under which the Member States take action to publicise their participation in the aid scheme and draw attention to the subsidising role of the Union .

Amendment 25

Proposal for a regulation

Recital 28

Text proposed by the Commission Amendment (28) In order to take account of the evolution in the dairy products consumption patterns and of the innovations and developments on the dairy products market , to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States must draw up in order to benefit from the aid and the target group for the scheme; the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and requiring educational establishments to communicate the subsidising role of the scheme . (28) In order to ensure the effectiveness of the scheme in achieving the objectives set for it , to ensure that the appropriate beneficiaries and applicants qualify for the aid and to promote awareness of the aid scheme, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the school milk scheme concerning: the products that are eligible for the scheme; the national or regional strategies that Member States are to draw up in order to benefit from the aid and the target group for the scheme; the approval and selection of aid applicants; the conditions for granting aid; the lodging of a security guaranteeing the execution where an advance of aid is paid; monitoring and evaluation; and establishing the conditions under which the Member States take action to publicise their participation in the aid scheme and draw attention to the subsidising role of the Union .

Amendment 26

Proposal for a regulation

Recital 28 a (new)

Text proposed by the Commission Amendment (28a) The Commission should consider proposing, schemes designed to promote the consumption of products other than fruit and vegetables and dairy products in schools.

Amendment 27

Proposal for a regulation

Recital 29

Text proposed by the Commission Amendment (29) The aid scheme for hop producer organisations is only used in one Member State. In order to create flexibility and to harmonise the approach in this sector with the other sectors, the aid scheme should be discontinued, with the possibility to support the producer organisations under rural development measures. deleted

Amendment 28

Proposal for a regulation

Recital 31

Text proposed by the Commission Amendment (31) In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive operator organisations respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of operator organisations for the purposes of the aid scheme, the suspension or withdrawal of such approval; the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes and concerning requiring the lodging of a security. (31) In order to ensure that the aid provided for olive oil and table olive operator organisations meet their objective of improving the production quality of olive oil and table olives and to ensure that olive oil and table olive producer organisations or interbranch organisations respect their obligations, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the conditions for the approval of producer organisations or interbranch organisations for the purposes of the aid scheme, and the refusal , suspension or withdrawal of such approval; the details of the measures eligible for Union financing; the allocation of Union financing to particular measures; the activities and costs that are not eligible for Union financing; and the selection and approval of work programmes; and concerning requiring the lodging of a security;

Amendment 29

Proposal for a regulation

Recital 32

Text proposed by the Commission Amendment (32) This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand. Rules on producer organisations, operational programmes and Union financial assistance only apply to fruit and vegetables and fruit and vegetables solely intended for processing. (32) This Regulation distinguishes between fruit and vegetables, which include fruit and vegetables for marketing as fresh produce and fruit and vegetables intended for processing, on the one hand, and processed fruit and vegetables, on the other hand.

Amendment 30

Proposal for a regulation

Recital 33 a (new)

Text proposed by the Commission Amendment (33a) In order to ensure that operational programmes in the fruit and vegetable sector are more effective, particularly crisis prevention and management measures, they should be implemented by structures of an appropriate market size. It is therefore important that associations of producer organisations are encouraged to present and manage operational programmes and crisis prevention and management measures, in whole or in part.

Amendment 31

Proposal for a regulation

Recital 35

Text proposed by the Commission Amendment (35) Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support in the fruit and vegetables sector should be discontinued. (35) Support for setting up producer groups should be provided for all sectors in all Member States under rural development policy so the specific support for their establishment in the fruit and vegetables sector should be discontinued. This support should not distort the level playing field for farmers and their producer organisations on the internal market.

Amendment 32

Proposal for a regulation

Recital 40

Text proposed by the Commission Amendment (40) One key measure eligible for national support programmes should be the promotion and marketing of Union wines in third countries. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment. (40) One key measure eligible for national support programmes should be the promotion and marketing of Union wines in the Union and in third countries. Support should also be available for research and development activities on account of their importance for the competitiveness of the European wine sector. Restructuring and conversion activities should continue to be covered on account of their positive structural effects on the wine sector. Support should also be available for investments in the wine sector which are geared towards improving economic performance of the enterprises as such. Support for by-product distillation should be a measure available to Member States which desire to use such an instrument to ensure the quality of wine, while preserving the environment.

Amendment 33

Proposal for a regulation

Recital 42

Text proposed by the Commission Amendment (42) The provisions on support to vine-growers by way of allocation of payment entitlements as decided by Member States were made definitive. Therefore the only such support which may be provided is the one decided by Member States by 1 December 2013 under Article 137 of Regulation (EU) No [COM(2011)799] and under the conditions set out in that provision. deleted

Amendment 34

Proposal for a regulation

Recital 43

Text proposed by the Commission Amendment (43) In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; containing general provisions and definitions for the purposes of support programmes; to avoid misuse of the support measures and double funding of projects; under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries. (43) In order to ensure that wine support programmes meet their objectives and that there is a targeted use of the European Funds, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules: on the responsibility for expenditure between the date of receipt of the support programmes, and modifications to support programmes and their date of applicability; on eligibility criteria of support measures, the type of expenditure and operations eligible for support, measures ineligible for support and the maximum level of support per measure; on changes to support programmes after they have become applicable; on requirements and thresholds for advance payments, including the requirement for a security where an advance payment is made; to avoid misuse of the support measures and double funding of projects; under which producers shall withdraw the by-products of winemaking, exceptions from this obligation in order to avoid additional administrative burden and provisions for the voluntary certification of distillers; laying down the requirements for the Member States for the implementation of the support measures, as well as restrictions to ensure consistency with the scope of the support measures; regarding payments to beneficiaries, including payments through insurance intermediaries.

Amendment 35

Proposal for a regulation

Recital 44

Text proposed by the Commission Amendment (44) Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the spread of varroasis in several Member States in recent years and the problems which that disease causes to honey production, action by the Union continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union. (44) Beekeeping is characterised by the diversity of production conditions and yields and the dispersion and variety of economic operators, both at the production and marketing stages. Moreover, in view of the increasing incidence of certain types of hive invasions, and in particular of the spread of varroasis in several Member States in recent years and the problems which that disease causes to honey production, coordinated action by the Union as part of European veterinary policy continues to be necessary as varroasis cannot be completely eradicated and is to be treated with approved products. Given such circumstances and in order to improve bee health and the production and marketing of apiculture products in the Union, national programmes for the sector should be drawn up every three years with a view to improving the general conditions for the production and marketing of apiculture products. Those national programmes should be partly financed by the Union.

Amendment 36

Proposal for a regulation

Recital 45

Text proposed by the Commission Amendment (45) In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of: the measures which may be included in apiculture programmes, rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State. (45) In order to ensure a targeted use of Union funds for apiculture, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of: the details of the measures which may be included in apiculture programmes; rules on the obligations relating to the content of national programmes, their drawing up and the related studies; and the conditions for the allocation of the Union’s financial contribution to each participating Member State.

Amendment 37

Proposal for a regulation

Recital 48 a (new)

Text proposed by the Commission Amendment (48a) One key measure eligible for national support programmes should be the promotion and marketing of Union agricultural products in the Union and in third countries.

Amendment 38

Proposal for a regulation

Recital 50

Text proposed by the Commission Amendment (50) In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard. (50) In order to guarantee that all products are of sound, fair and marketable quality, and without prejudice to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, a basic general marketing standard as envisaged in the aforementioned Communication of the Commission should be appropriate for products not covered by marketing standards by sectors or products. When such products conform to an applicable international standard, as appropriate, those products should be considered as conforming to the general marketing standard. Without prejudice to Union law and the smooth functioning of the internal market, the Member States should, however, retain the capacity to adopt or maintain national provisions for sectors or products subject to the general marketing standard or for sectors or products subject to specific marketing standards, in the case of elements not expressly harmonised under this Regulation.

Amendment 39

Proposal for a regulation

Recital 53 a (new)

Text proposed by the Commission Amendment (53a) The marketing standards should be clearly divided between obligatory rules and optional reserved terms. The optional reserved terms should continue to support the aims of the marketing standards and should thus be limited in scope to the products listed in Annex I to the Treaties.

Amendment 40

Proposal for a regulation

Recital 53 b (new)

Text proposed by the Commission Amendment (53b) In the light of the objectives of this Regulation and in the interest of clarity, existing optional reserved terms should henceforth be governed by this Regulation.

Amendment 41

Proposal for a regulation

Recital 54

Text proposed by the Commission Amendment (54) Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level, while taking into account the specificities of some sectors, in particular concerning processed agricultural products. (54) Taking into account the interest of consumers to receive adequate and transparent product information, it should be possible to determine the place of farming, on a case by case approach at the appropriate geographical level, without forgetting that incomplete and incorrect information can affect the economic and productive fabric of the area concerned, while taking into account the regional specificities of some sectors, in particular concerning processed agricultural products.

Amendment 42

Proposal for a regulation

Recital 56

Text proposed by the Commission Amendment (56) It is appropriate to provide for special rules in respect of products imported from third countries if national provisions in force in third countries justify derogations from the marketing standards if their equivalence to Union legislation is guaranteed . (56) It is appropriate to provide for special rules in respect of products imported from third countries , to be adopted in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, which define the conditions under which imported products are to be considered to provide an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules requiring that products are to be marketed in the Union only in accordance with such standards. It is also appropriate to determine the rules relating to the application of the marketing standards applicable to the products exported from the Union .

Amendment 43

Proposal for a regulation

Recital 58

Text proposed by the Commission Amendment (58) In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of acts to adopt, modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it. (58) In order to address changes in the market situation, taking into account the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to adopt detailed rules concerning the general marketing standard, and to modify and derogate from requirements related to the general marketing standard, and rules concerning the conformity to it.

Amendment 44

Proposal for a regulation

Recital 61

Text proposed by the Commission Amendment (61) In order to take account of the specificities in trade between the Union and certain third countries, the special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard and concerning rules which define the conditions under which imported products are considered as providing an equivalent level of compliance with the Union requirements concerning marketing standards and which allow for measures derogating from the rules that products be marketed in the Union only in accordance with such standards and determine the rules relating to the application of the marketing standards to products exported from the Union . (61) In order to take account of the special character of some agricultural products and the specificity of each sector, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning a tolerance for each marketing standard beyond which the entire batch of products should be considered as not respecting the standard.

Amendment 45

Proposal for a regulation

Recital 69

Text proposed by the Commission Amendment (69) In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission concerning the principles for the demarcation of the geographical area, and definitions, restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force. (69) In order to take account of the specificities of the production in the demarcated geographical area, to ensure product quality and traceability and to ensure the legitimate rights or interests of producers or operators the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission with regard to additional details concerning the demarcation of the geographical area, and restrictions and derogations related to the production in the demarcated geographical area; concerning the conditions under which product specifications may include additional requirements; and concerning the elements of the product specification; the type of applicant that may apply for the protection of a designation of origin or geographical indication; the procedures to be followed in respect of an application for the protection of a designation of origin or geographical indication, including on preliminary national procedures, scrutiny by the Commission, objection procedures, and procedure on amendment, cancellation and conversion of protected designations of origin or protected geographical indication; the procedures applicable to trans-border applications; procedures for applications relating to geographical areas in a third country; the date from which protection shall run; the procedures related to amendments to product specifications; and the date on which an amendment shall enter into force.

Amendment 46

Proposal for a regulation

Recital 70

Text proposed by the Commission Amendment (70) In order to ensure adequate protection and that economic operators and competent authorities are not prejudiced by the application of this Regulation as regards wine names which have been granted protection prior to 1 August 2009, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of adoption restrictions regarding the protected name and in respect of transitional provisions concerning: wine names recognised by Member States as designations of origin or geographical indications by 1 August 2009; preliminary national procedure; wines placed on the market or labelled before a specific date; and amendments to the product specifications. deleted

Amendment 47

Proposal for a regulation

Recital 74

Text proposed by the Commission Amendment (74) In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling and presentation. (74) In order to ensure compliance with existing labelling practices, with horizontal rules related to labelling and presentation, and to consider the specificities of the wine sector; in order to ensure the efficiency of the certification, approval and verification procedures and the legitimate interests of operators and that economic operators are not prejudiced the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of exceptional circumstances justifying omitting reference to the terms ‘protected designation of origin’ or ‘protected geographical indication’; in respect of the presentation and use of labelling particulars other than those provided for in this Regulation; certain compulsory particulars; optional particulars; and presentation; in respect of the necessary measures as regards labelling and presentation of wines bearing a designation of origin or a geographical indication, whose designation of origin or geographical indication meets the necessary requirements; in respect of wine placed on the market and labelled before 1 August 2009; and in respect of derogations on labelling of exports and presentation.

Amendment 48

Proposal for a regulation

Recital 77

Text proposed by the Commission Amendment (77) It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, for further oenological practices , the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV). (77) It is appropriate to determine certain oenological practices and restrictions for the production of wine, in particular as regards coupage and the use of certain types of grape must, grape juice and fresh grapes originating in third countries. In order to meet the international standards, the Commission should as a general rule base itself on the oenological practices recommended by the International Organisation of Vine and Wine (OIV), when making proposals on further oenological practices.

Amendment 49

Proposal for a regulation

Recital 82 a (new)

Text proposed by the Commission Amendment (82a) For economic, social and environmental reasons and in the light of regional planning policy in rural areas with a wine-producing tradition, and going beyond the requirement to uphold the diversity, prestige and quality of European wine products, the present system of planting rights in the wine sector should be maintained until at least 2030.

Amendment 50

Proposal for a regulation

Recital 83

Text proposed by the Commission Amendment (83) Specific instruments will still be needed after the end of the quota system to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established. (83) In the sugar sector specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions governing agreements between them should be established.

Amendment 51

Proposal for a regulation

Recital 84

Text proposed by the Commission Amendment (84) In order to taking into account the specificities of the sugar sector and the interests of all parties, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet. (84) In order to take into account the specificities of the sugar sector and the interests of all parties, provision should be made for a series of rules in respect of such agreements, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet.

Amendment 52

Proposal for a regulation

Recital 84 a (new)

Text proposed by the Commission Amendment (84a) To enable beet growers to complete their adaptation to the far-reaching reform carried out in the sugar sector in 2006 and to continue the efforts to become competitive that have been undertaken since then, the present quota system should be extended until the end of the 2019-2020 marketing year. In this context, the Commission should be allowed to allocate production quotas to Member States who renounced their entire quota in 2006.

Amendment 53

Proposal for a regulation

Recital 84 b (new)

Text proposed by the Commission Amendment (84b) The considerable and recurrent tensions observed on the European sugar market call for a mechanism that, for as long as necessary, releases non-quota sugar onto the internal market applying the same conditions as for quota sugar. This mechanism should, at the same time, permit additional imports at zero duty in order to ensure sufficient raw materials are available on the Union sugar market and to preserve the structural balance of this market.

Amendment 54

Proposal for a regulation

Recital 84 c (new)

Text proposed by the Commission Amendment (84c) In view of the definitive abolition of the quota system in 2020, the Commission should submit before 1 July 2018 a report to Parliament and the Council on the appropriate procedures for ending the current quota arrangements and on the future of the sector after the abolition of quotas in 2020, accompanied by any necessary proposals to prepare the entire sector for the period after 2020. Before 31 December 2014, the Commission should also submit a report on the functioning of the supply chain in the Union sugar sector.

Amendment 55

Proposal for a regulation

Recital 85

Text proposed by the Commission Amendment (85) Producer organisations and their associations can play useful roles in concentrating supply and promoting best practices. Interbranch organisations can play important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency. Existing rules on the definition and recognition of such organisations and their associations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in EU law in all sectors. (85) Producer organisations and their associations can play useful roles in concentrating supply improving marketing, correcting imbalances in the value chain and promoting best practices , especially in achieving the objectives of Article 39 of the Treaty, in particular the stabilisation of producers’ income, inter alia by making risk management tools available to their members, by improving marketing, by concentrating supply and by negotiating contracts, thereby strengthening the producers’ negotiating power.

Amendment 56

Proposal for a regulation

Recital 85 a (new)

Text proposed by the Commission Amendment (85a) Interbranch organisations can play an important part in allowing dialogue between actors in the supply chain, and in promoting best practices and market transparency.

Amendment 57

Proposal for a regulation

Recital 85 b (new)

Text proposed by the Commission Amendment (85b) Existing rules on the definition and recognition of producers’ organisations, their associations, and interbranch organisations covering certain sectors should therefore be harmonised, streamlined and extended to provide for recognition on request under statutes set out in accordance with this Regulation for all sectors. In particular, it is essential that the recognition criteria and rules of association of producers’ organisations drawn up under Community rules ensure that such bodies are set up on the initiative of farmers, who democratically define the organisations’ general policy and take the decisions on their internal running.

Amendment 58

Proposal for a regulation

Recital 87

Text proposed by the Commission Amendment (87) As regards live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned. (87) Provision should be made for the possibility of adopting certain measures to facilitate the adjustment of supply to market requirements which may contribute to stabilising the markets and to ensuring a fair standard of living for the agricultural community concerned.

Amendment 59

Proposal for a regulation

Recital 88

Text proposed by the Commission Amendment (88) In order to encourage action by producer organisation , their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of measures concerning live plants, beef and veal, pigmeat, sheepmeat and goatmeat, eggs and poultrymeat sectors to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used. (88) In order to encourage action by producer organisations , their associations and interbranch organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to improve quality; promote better organisation of production, processing and marketing; facilitate the recording of market price trends; and permit the establishment of short and long-term forecasts on the basis of the means of production used.

Amendment 60

Proposal for a regulation

Recital 90

Text proposed by the Commission Amendment (90) In the absence of Union legislation on formalised, written contracts, Member States may, within their own contract law systems, make the use of such contracts compulsory provided that in doing so the Union law is respected and in particular that the proper functioning of the internal market and the common market organisation is respected. Given the diversity of situations across the Union, in the interests of subsidiarity, such a decision should remain with Member States. However, in the milk and milk products sector, to ensure appropriate minimum standards for such contracts and good functioning of the internal market and the common market organisation, some basic conditions for the use of such contracts should be laid down at the Union level. Since some dairy co-operatives may have rules with similar effect in their statues, in the interests of simplicity they should be exempted from the requirement for a contract. In order to ensure that any such system is effective it should apply equally where intermediate parties collect milk from farmers to deliver to processors. deleted

Amendment 61

Proposal for a regulation

Recital 90 a (new)

Text proposed by the Commission Amendment (90a) The use of formalised written contracts, concluded in advance of delivery, containing basic elements, is not widespread. However, such contracts may help to reinforce the responsibility of operators, as in the case of the dairy chain, and to increase awareness of the need to better take into account the signals of the market, to improve price transmission and to adapt supply to demand, as well as to help to avoid certain unfair commercial practices.

Amendment 62

Proposal for a regulation

Recital 90 b (new)

Text proposed by the Commission Amendment (90b) In the absence of Union legislation concerning such contracts, Member States should be allowed, within their own systems of contract law, to make the use of such contracts compulsory, provided that, in doing so, Union law is respected and, in particular, that the proper functioning of the internal market and of the common market organisation is respected. In view of the diversity of the situations that exist across the Union in relation to contract law, in the interests of subsidiarity, such a decision should remain with Member States. Equal conditions should apply to all deliveries on a given territory. Therefore, if a Member State decides that every delivery in its territory to a processor by a farmer is to be covered by a written contract between the parties, that obligation should also apply to deliveries coming from other Member States, but it is not necessary for it to apply to deliveries to other Member States. In accordance with the principle of subsidiarity it should be left to Member States to decide whether to require a first purchaser to make a written offer to a farmer for such a contract.

Amendment 63

Proposal for a regulation

Recital 91

Text proposed by the Commission Amendment (91) In order to ensure the rational development of production and thus a fair standard of living for dairy farmers, their bargaining power vis-à-vis processors should be strengthened which should result in a fairer distribution of value-added along the supply chain. Therefore, in order to attain these CAP objectives, a provision should be adopted pursuant to Articles 42 and 43(2) of the Treaty to allow producer organisations constituted by dairy farmers or their associations to negotiate contract terms, including price, for some or all of its members’ production with a dairy. In order to maintain effective competition on the dairy market, this possibility should be subject to appropriate quantitative limits. deleted

Amendment 64

Proposal for a regulation

Recital 91 a (new)

Text proposed by the Commission Amendment (91a) In order to ensure the viable development of production and a fair standard of living for farmers, their bargaining power with respect to prospective purchasers should be strengthened, resulting in a fairer distribution of value added along the supply chain. In order to achieve these common agricultural policy objectives, a provision should be adopted pursuant to Articles 42 and, in accordance with the ordinary legislative procedure laid down in Article 43(2) of the Treaty, that allows producer organisations consisting solely of farmers or their associations to negotiate the terms of any contracts, including prices, jointly for some or all of its members’ production with a purchaser so as to prevent purchasers imposing prices that are lower than the costs of production. However, only producer organisations which seek and obtain recognition should be eligible to benefit from that provision. In addition, that provision should not apply to cooperatives. Furthermore, existing producer organisations recognised under national law should become eligible for de facto recognition under this Regulation.

Amendment 65

Proposal for a regulation

Recital 91 b (new)

Text proposed by the Commission Amendment (91b) In view of the importance of protected designations of origin (PDO) and protected geographical indications (PGI), notably for vulnerable rural regions, and in order to ensure the value added and to maintain the quality of, in particular, cheeses benefiting from PDO or PGI, and in the context of the expiring milk quota system, Member States should be allowed to apply rules to regulate the supply of such cheese produced in a defined geographical area. The rules should cover the entire production of the cheese concerned and should be requested by an interbranch organisation, a producer organisation or a group as defined in Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs. Such a request should be supported by a large majority of milk producers representing a large majority of the volume of milk used for that cheese and, in the case of interbranch organisations and groups, by a large majority of cheese producers representing a large majority of the production of that cheese. Moreover, these rules should be subject to strict conditions, in particular in order to avoid damage to the trade in products in other markets and to protect minority rights. Member States should immediately publish and notify to the Commission the adopted rules, ensure regular checks and repeal the rules in case of non-compliance.

Amendment 66

Proposal for a regulation

Recital 91 c (new)

Text proposed by the Commission Amendment (91c) Pursuant to Regulation (EC) No 1234/2007, milk quotas will expire within a relatively short period after the entry into force of this Regulation. After the repeal of Regulation (EC) No 1234/2007, the relevant provisions should continue to apply until the end of this scheme.

Amendment 67

Proposal for a regulation

Recital 91 d (new)

Text proposed by the Commission Amendment (91d) When it was decided that milk quotas were to be abolished, a commitment was made to ensure a ‘soft landing’ for the milk and milk products sector. Regulation (EU) No 261/2012 (3) on contractual relations in the milk and milk products sector represents a first step in that direction, and further legislation will also be needed. When there is a serious imbalance in the milk and milk products market, the Commission should therefore be authorised to grant aid to milk producers who voluntarily cut production, and to impose a levy on milk producers who increase production over the same period and in the same proportion.

Amendment 68

Proposal for a regulation

Recital 93

Text proposed by the Commission Amendment (93) In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations, including derogations from those listed in this Regulation; the rules of association, the recognition, structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations; outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn. (93) In order to ensure that the objectives and responsibilities of producer organisations, associations of producer organisations, interbranch organisations and operator organisations are clearly defined so as to contribute to the effectiveness of their actions, to take into account the specificities of each sector, and to ensure the respect of competition and the good functioning of the common market organisation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of rules on: the specific aims which may, shall or shall not be pursued by such organisations and associations, and, if necessary, may be added to those listed in this Regulation; the rules of association of organisations other than producer organisations, the specific conditions applicable to the rules of association of producer organisations in certain sectors , structure, legal personality, membership, size, accountability and activities of such organisations and associations, the effects deriving from recognition, the withdrawal of recognition, and mergers; transnational organisations and associations , including rules on providing administrative assistance where there is transnational cooperation ; the conditions for the outsourcing of activities and the provision of technical means by organisations or associations; the minimum volume or value of marketable production of organisations and associations; the extension of certain rules of the organisations to non-members and the compulsory payment of subscriptions by non-members, including a list of stricter production rules which may be extended, further requirements as regards representativeness, the economic areas concerned, including Commission scrutiny of their definition, minimum periods during which the rules should be in force before their extension, the persons or organisations to whom the rules or contributions may be applied, and the circumstances in which the Commission may require that the extension of rules or compulsory contributions be refused or withdrawn ; the specific conditions for implementing contractual arrangements and the specific amounts that may form the basis of contractual negotiations .

Amendment 69

Proposal for a regulation

Recital 94

Text proposed by the Commission Amendment (94) A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market. The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements. (94) A single market involves a trading system at the external borders of the Union. That trading system should include import duties and export refunds and should, in principle, stabilise the Union market , without disrupting the markets of developing countries . The trading system should be based on the undertakings accepted under the Uruguay Round of multilateral trade negotiations and in bilateral agreements.

Amendment 70

Proposal for a regulation

Recital 94 a (new)

Text proposed by the Commission Amendment (94a) However, the implementation of international agreements should not depart from the principle of reciprocity, particularly with regard to tariffs, health, plant health, the environment and animal welfare; in addition, it should be carried out so as to ensure strict compliance with the mechanisms for entry prices, specific additional duties and compensatory levies.

Amendment 71

Proposal for a regulation

Recital 96

Text proposed by the Commission Amendment (96) In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required. (96) In order to take account of the evolution of trade and market developments, the needs of the markets concerned and when necessary for monitoring imports or exports, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission to modify and supplement the list of the products of sectors subject to the presentation of an import or export licence; and the cases and situations where the presentation of an import or export licence is not required.

Amendment 72

Proposal for a regulation

Recital 100

Text proposed by the Commission Amendment (100) In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for inclusion a check of the customs value against another value than the unit price. (100) In order to ensure the efficiency of the entry price system, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of providing for a check to be made of the customs value against the unit price or, where necessary, a check of the customs value against the flat-rate import value . The check on the customs value should under no circumstances be carried out using a deductive method which would reduce or prevent the imposition of specific additional duties.

Amendment 73

Proposal for a regulation

Recital 103 a (new)

Text proposed by the Commission Amendment (103a) In order to facilitate the development and growth of the bio-based economy, and to prevent adverse effects on the Union market for bio-based industrial products that might otherwise arise, measures should be taken to ensure that producers of bio-based industrial products have access to secure supplies of agricultural raw materials at globally competitive prices. Where agricultural raw materials are imported into the Union free of import tariffs for use in the production of bio-based industrial products, measures should be taken to ensure that the raw materials are used for the declared purpose.

Amendment 74

Proposal for a regulation

Recital 105

Text proposed by the Commission Amendment (105) The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union. (105) The customs duty system makes it possible to dispense with all other protective measures at the external borders of the Union. The internal market and duty mechanism could, in exceptional circumstances, prove to be inadequate. In such cases, in order not to leave the Union market without defence against disturbances that might ensue, the Union should be able to take all necessary measures without delay. Such measures should comply with the international commitments of the Union and with its development cooperation policy .

Amendment 75

Proposal for a regulation

Recital 107

Text proposed by the Commission Amendment (107) Provisions for granting refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should serve to safeguard the Union's participation in international trade in certain products falling within this Regulation. Subsidised exports should be subject to limits in terms of value and quantity. (107) Refunds on exports to third countries, based on the difference between prices within the Union and on the world market, and falling within the limits set by the commitments made within the WTO, should be retained as a crisis management instrument for certain products falling within the scope of this Regulation , until the future of this instrument has been decided within the framework of the WTO, on the basis of reciprocity . The budget heading for export refunds should, therefore, provisionally be set at zero. When used, export refunds should be subject to limits in terms of value and quantity and should not jeopardise the development of agricultural sectors and economies in developing countries .

Amendment 76

Proposal for a regulation

Recital 120

Text proposed by the Commission Amendment (120) In accordance with Article 42 of the Treaty the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) and (3) of the Treaty and in accordance with the procedure laid down therein. (120) In accordance with Article 42 of the Treaty, the provisions of the Treaty concerning competition shall apply to production of and trade in agricultural products only to the extent determined by Union legislation within the framework of Article 43(2) of the Treaty and in accordance with the procedure laid down therein.

Amendment 77

Proposal for a regulation

Recital 121 a (new)

Text proposed by the Commission Amendment (121a) More account should be taken of the specific characteristics of the agricultural sector in implementing Union competition rules, in particular to ensure that the tasks conferred on producer organisations, associations of producer organisations and interbranch organisations can be carried out correctly and effectively.

Amendment 78

Proposal for a regulation

Recital 121 b (new)

Text proposed by the Commission Amendment (121b) In order to ensure uniform application of the provisions relating to competition law in this Regulation, thereby contributing to the smooth functioning of the internal market, the Commission should coordinate actions by the various national competition authorities . To this end the Commission should publish guidelines and good practice guides to assist the various national competition authorities, as well as undertakings of the agricultural and agri-food sector.

Amendment 79

Proposal for a regulation

Recital 122

Text proposed by the Commission Amendment (122) A special approach should be allowed in the case of farmers’ or producer organisations or their associations the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises the attainment of the objectives of Article 39 of the Treaty . (122) A special approach should be allowed in the case of producer organisations or their associations, the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition. It is particularly important that the agreements, decisions and concerted practices of these organisations should be considered to be necessary for achieving the CAP objectives set out in Article 39 of the Treaty, and that Article 101(1) of the Treaty should not apply to such agreements unless there is exclusion of competition. In this case, the procedures laid down in Article 2 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (4) should apply, and, in all proceedings brought for exclusion of competition, the burden of proof should lie with the party or authority alleging the infringement.

Amendment 80

Proposal for a regulation

Recital 124

Text proposed by the Commission Amendment (124) The proper working of the single market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures. (124) The proper functioning of the internal market would be jeopardised by the granting of national aid. Therefore, the provisions of the Treaty governing State aid should, as a general rule, apply to agricultural products. In certain situations exceptions should be allowed. Where such exceptions apply, the Commission should be in a position to draw up a list of existing, new or proposed national aid, to make appropriate observations to the Member States and to propose suitable measures.

Amendment 81

Proposal for a regulation

Recital 129

Text proposed by the Commission Amendment (129) Member States should be allowed to continue to make national payments for nuts as currently provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation. (129) Member States should be allowed to continue to make national payments for nuts as provided for under Article 120 of Regulation (EC) No 73/2009 in order to cushion the effects of decoupling of the former Union aid scheme for nuts. For clarity, since that Regulation is to be repealed, the national payments should be provided for in this Regulation.

Amendment 82

Proposal for a regulation

Recital 131 a (new)

Text proposed by the Commission Amendment (131a) Data collected by the Farm Accountancy Data Network should be taken into consideration when formulating studies and research with the aim of preventing crises in the various agricultural sectors, given that they reflect the performance of farms. These data should serve as a useful tool for crisis prevention and management.

Amendment 83

Proposal for a regulation

Recital 133

Text proposed by the Commission Amendment (133) In order to react efficiently and effectively against threats of market disturbance caused by significant price rises or falls on internal or external markets or any other factors affecting the market, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods. (133) In order to react efficiently and effectively against market disturbance caused by significant price rises or falls on internal or external markets or a substantial rise in production costs or any other factors affecting the market, where that situation is likely to continue or deteriorate, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures for the sector concerned including, where necessary, measure to extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities and/or periods.

Amendment 84

Proposal for a regulation

Recital 135

Text proposed by the Commission Amendment (135) Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should be empowered to adopt all the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources. (135) Undertakings, Member States and/or third countries may be required to submit communications for the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, ensuring market transparency, the proper functioning of CAP measures, of checking, controlling, monitoring, evaluating and auditing CAP measures, and implementing international agreements, including notification requirements under those agreements. In order to ensure a harmonised, streamlined and simplified approach, the Commission should to be empowered to adopt certain acts in accordance with Article 290 of the Treaty in respect of the necessary measures regarding communications. In so doing it should take into account the data needs and synergies between potential data sources and ensure compliance with the principle ‘that personal data are not to be further processed in a way that is incompatible with the original purpose of their collection’, as the European Data Protection Supervisor pointed out in his opinion of 14 December 2011 (5).

Amendment 85

Proposal for a regulation

Recital 137

Text proposed by the Commission Amendment (137) Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data are applicable. (137) Union legislation concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data, in particular Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (7) are applicable.

Amendment 86

Proposal for a regulation

Recital 139

Text proposed by the Commission Amendment (139) In order to ensure the smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799] to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings. (139) In order to ensure the smooth transition from the arrangements provided for in Regulation (EC) No 1234/2007 to those laid down in this Regulation, the power to adopt certain acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of the necessary measures, in particular those necessary to protect the acquired rights and legitimate expectations of undertakings.

Amendment 87

Proposal for a regulation

Recital 140

Text proposed by the Commission Amendment (140) The use of urgency procedure should be reserved for exceptional cases where this proves to be necessary in order to react efficiently and effectively against threats of market disturbance or where market disturbances are occurring . The choice of an urgency procedure should be justified and the cases in which the urgency procedure should be used should be specified. (140) The urgency procedure should be used in order to react efficiently and effectively against certain market disturbances and against pests, animal and plant diseases, loss of consumer confidence due to public, animal or plant health risks, or in order to resolve specific problems .

Amendment 88

Proposal for a regulation

Recital 143

Text proposed by the Commission Amendment (143) The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation , and resolving specific problems in an emergency, if such immediate action is needed to deal with the problems. (143) The Commission should adopt immediately applicable implementing acts where, in duly justified cases imperative grounds of urgency so require, relating to adopting, amending or revoking Union safeguard measures, suspending the use of processing or inward or outward processing arrangements, if necessary to react immediately to the market situation.

Amendment 89

Proposal for a regulation

Recital 143 a

Text proposed by the Commission Amendment (143a) Safeguard measures should be adopted, particularly where agricultural products imported from third countries do not guarantee food security or food traceability and do not comply with all the health, environmental and animal welfare conditions laid down for the internal market, where crises arise for markets or where shortcomings are identified with regard to the conditions stated in import certificates concerning prices, quantities or the calendar. This monitoring of compliance with the conditions laid down for imports of agricultural products should be performed by means of an integrated system for monitoring imports into the Union in real time.

Amendment 90

Proposal for a regulation

Recital 146

Text proposed by the Commission Amendment (146) Pursuant to Regulation (EU) No [COM(2010)799] several sectoral measures, including on milk quotas, sugar quotas and other sugar measures and the restrictions on the planting of vines, as well as certain state aids, will expire within a reasonable period following the entry in force of this Regulation. After the repeal of Regulation (EU) No [COM(2010)799], the relevant provisions should continue to apply until the end of the schemes concerned. deleted

Amendment 91

Proposal for a regulation

Recital 147

Text proposed by the Commission Amendment (147) In order to ensure a smooth transition from the arrangements provided for in Regulation (EU) No [COM(2010)799] to the provisions of this Regulation, the Commission should be empowered to adopt transitional measures. deleted

Amendment 92

Proposal for a regulation

Recital 149

Text proposed by the Commission Amendment (149) As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review. The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively, (149) As regards contractual relations in the milk and milk products sectors, the measures set out in this Regulation, are justified in the current economic circumstances of the dairy market and the structure of the supply chain. They should therefore be applied for a sufficiently long duration (both before and after the abolition of milk quotas) to allow them to have full effect. However, given their far-reaching nature, they should nevertheless be temporary in nature, and be subject to review for the purpose of assessing their operation and establishing whether they should continue to apply . The Commission should adopt reports on the development of the milk market, covering in particular potential incentives to encourage farmers to enter into joint production agreements, to be submitted by 30 June 2014 and 31 December 2018 respectively,

Amendment 93

Proposal for a regulation

Recital 150 a (new)

Text proposed by the Commission Amendment (150a) International market trends, the world’s growing population and the strategic approach required to supply reasonably priced food to people in the Union will have a huge impact on the environment within which European agriculture is developing. The Commission should, therefore, present a report to the European Parliament and to the Council, no later than four years after the entry into force of this Regulation, on market trends and on the future of agricultural market management tools. The report should assess the suitability of existing market management tools in the new international context and, if necessary, examine the possibility of establishing strategic stocks. The report should be accompanied by any suitable proposals on establishing a long-term strategy for the Union with a view to attaining the objectives laid down in Article 39 of the Treaty.

Amendment 94

Proposal for a regulation

Article 1 — paragraph 2

Text proposed by the Commission Amendment 2. Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I: 2. Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in Annex I to this Regulation :

Amendment 95

Proposal for a regulation

Article 1 — paragraph 2 — point j

Text proposed by the Commission Amendment (j) processed fruit and vegetables , Part X of Annex I; (j) processed fruit and vegetable products , Part X of Annex I;

Amendment 96

Proposal for a regulation

Article 1 — paragraph 2 — point m

Text proposed by the Commission Amendment (m) live plants, Part XIII of Annex I; (m) live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII of Annex I;

Amendment 97

Proposal for a regulation

Article 1 — paragraph 2 — point u

Text proposed by the Commission Amendment (u) ethyl alcohol, Part XXI of Annex I; (u) ethyl alcohol of agricultural origin , Part XXI of Annex I;

Amendment 98

Proposal for a regulation

Article 1 — paragraph 2 — point v

Text proposed by the Commission Amendment (v) apiculture, Part XXII of Annex I; (v) apiculture products , Part XXII of Annex I;

Amendment 99

Proposal for a regulation

Article 3 — paragraph 3

Text proposed by the Commission Amendment 3. Taking into account the specificities of the rice sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to update the definitions concerning the rice sector set out in Part I of Annex II. deleted

Amendment 100

Proposal for a regulation

Article 3 — paragraph 4 a (new)

Text proposed by the Commission Amendment 4a. For the purposes of this Regulation, ‘adverse climatic events’ shall mean weather conditions which can be assimilated to a natural disaster, such as frost, hail, ice, rain or drought, which destroy or reduce production by more than 30 % compared to the average annual production of a given farmer. The average annual production shall be calculated on the basis of the preceding three-year period or on the basis of a three-year average based on the preceding five-year period, excluding the highest and lowest entry.

Amendment 101

Proposal for a regulation

Article 3 — point 4 b (new)

Text proposed by the Commission Amendment 4b. For the purposes of this Regulation, ‘advanced systems of sustainable production’, ‘advanced methods of sustainable production’ and ‘advanced measures for sustainable production’ shall mean agricultural practices which go beyond the cross-compliance requirements provided for in Title VI of Regulation (EU) No […] (horizontal regulation on the CAP) and are continuously evolving to improve the management of natural nutrients, the water cycle and energy flows so as to reduce damage to the environment and wastage of non-renewable resources and to maintain crops, livestock and natural diversity at a high level in production systems.

Amendment 102

Proposal for a regulation

Article 4

Text proposed by the Commission Amendment The Commission may, by means of implementing acts, when necessary due to amendments to the combined nomenclature, adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation or other acts adopted under Article 43 of the Treaty . Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 162(2). The Commission shall be empowered to adopt delegated acts in accordance with Article 160 , when necessary due to amendments to the combined nomenclature, in order to adjust the description of products and references to the headings or subheadings of the combined nomenclature in this Regulation.

Amendment 103

Proposal for a regulation

Article 6 — point a

Text proposed by the Commission Amendment (a) 1 January to 31 December of a given year for the banana sector ; (a) 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors ;

Amendment 104

Proposal for a regulation

Article 6 — paragraph 2

Text proposed by the Commission Amendment Taking into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 160 to fix the marketing years for those products. deleted

Amendment 105

Proposal for a regulation

Article 7

Text proposed by the Commission Amendment Article 7 Article 7 Reference prices Reference prices The following reference prices are fixed: 1. For the purposes of the application of Part II, Title I, Chapter I and Part V, Chapter I, the following reference prices are fixed: (a) as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading; (a) as regards the cereals sector, EUR 101,31/tonne, related to the wholesale stage for goods delivered to the warehouse, before unloading; (b) as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading; (b) as regards paddy rice, EUR 150/tonne for the standard quality as defined in point A of Annex III, related to the wholesale stage for goods delivered to the warehouse, before unloading; (c) as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory: (c) as regards sugar of standard quality as defined in point B of Annex III, related to unpacked sugar, ex-factory: (i) for white sugar: EUR 404,4/tonne; (i) for white sugar: EUR 404,4/tonne; (ii) for raw sugar: EUR 335,2/tonne. (ii) for raw sugar: EUR 335,2/tonne. (d) as regards the beef and veal sector, EUR 2 224/tonne for carcasses of male bovine animals of grade R3 as laid down in the Union scale fo