Proposal for a Council Regulation on the common organization of the market in processed fruit and vegetables (COM(95)0434 - C4-0506/95 - 95/0248(CNS))

The proposal was approved with the following amendments:

(Amendment 119)

Recital 3

>Original text>

Whereas certain processed products are of particular importance in the Mediterranean regions of the Community where producer prices are considerably higher than in third countries; whereas the system of production aid based on the signing of contracts guaranteeing a regular supply to the industry against payment of a minimum price to producers, as applied in the past, has proved successful and should be pursued; whereas at the same time as for fresh products, the role of the producer organizations should be strengthened in order to ensure a greater concentration of supply, to manage supply along more rational lines and to facilitate the monitoring of compliance with minimum producer prices;

>Text following EP vote>

Whereas certain processed products are of particular importance in the Mediterranean regions of the Community where producer prices are considerably higher than in third countries; whereas the system of production aid based on the signing of contracts guaranteeing a regular supply to the industry against payment of a minimum price to producers, as applied in the past, has proved successful and should be pursued; whereas at the same time as for fresh products, the role of the producer organizations should be strengthened in order to ensure a greater concentration of supply, to manage supply along more rational lines and to facilitate the monitoring of compliance with minimum producer prices; whereas in any case contracting between individual producers and processors or processors' organizations may continue;

(Amendment 120)

Recital 6

>Original text>

Whereas, because of the abundant supply of raw materials and the elasticity of processing capacity, granting production aid could, in certain cases, encourage production to expand considerably; whereas, in order to avoid any difficulties in selling processed products, provision should be made for limits to the granting of aid in the form, depending on the product, either of a guarantee threshold or of a system of quotas; whereas, experience gained in respect of processed tomato products has led to the adoption of a more flexible system intended to enhance the dynamism of undertakings and the competitiveness of the Community industry;

>Text following EP vote>

Whereas, because of the abundant supply of raw materials in the case of certain products during certain farming years and the elasticity of processing capacity, granting production aid could, in certain cases, encourage production to expand considerably; whereas, in order to avoid any difficulties in selling processed products, provision should be made for limits to the granting of aid in the form, depending on the product, either of a guarantee threshold or of a system of quotas; whereas, experience gained in respect of certain processed products has led to the adoption of a more flexible system intended to enhance the dynamism of undertakings and the competitiveness of the Community industry; whereas this flexibility must be compatible with the framework of stability which will enable undertakings to plan their activity over the medium term;

(Amendment 121)

Recital 6a (new)

>Text following EP vote>

Whereas the rules relating to competitiveness, stability and the fixing of overall quantities and quantities per Member State must be consistent with those of other common market organizations which have already been reformed;

(Amendment 122)

Recital 6b (new)

>Text following EP vote>

Whereas the setting or revision of the above quantities must take into account cases of low production caused by serious climatic anomalies in some Member States;

(Amendment 123)

Recital 6c (new)

>Text following EP vote>

Whereas, having regard to the sustained growth in the consumption of tomato products and the foreseeable increase in the immediate future, it is appropriate to review the total tonnage corresponding to the stabilizer and introduces a mechanism to allow its constant adjustment in line with consumption and market trends, thereby promoting the dynamism of undertakings in the sector and their positions on the market;

(Amendment 124)

Recital 14a (new)

>Text following EP vote>

Whereas, without prejudice to the agreements reached by the World Trade Organization, the principle of Community preference must continue to be respected; whereas it is therefore appropriate to treat with extreme caution the conclusion of new bilateral trade agreements or the granting of customs duty preferences, especially with regard to sensitive products; whereas in any case in the future it would be appropriate if every concession included compensation specific to each sector;

(Amendment 125)

Article 1(2), table, item ex 0813

>Original text>

ex 0813 Fruit, dried, other than that of heading Nos 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of heading Nos 0801 and 0802 falling within subheadings 0813 50 31 and 0813 50 39.

>Text following EP vote>

ex 0813 Fruit, dried, other than that of heading Nos 0801 to 0806, with the exception of that under heading 0802 50 00 (Pistachios) which shall remain within the common organization of the market.

(Amendment 126)

Article 1(2), table 0814 00 00

>Original text>

0814 00 00 Peel of citrus fruits or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions.

>Text following EP vote>

0814 00 00 Peel of citrus fruits (including citrons) or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions.

(Amendment 127)

Article 2(2), 1st subparagraph

>Original text>

2. Production aid shall be granted to processors who have paid producers for their raw materials a price not less than the minimum price under contracts between, on the one side, producer organizations recognized or provisionally authorized under Council Regulation (EC) No .../95, and processors on the other. The producer organizations shall extend the benefit of the provisions of this Article to operators not affiliated to any of the collective structures provided for in Regulation (EC) No .../95, who undertake to market through such structures all their output intended for the manufacture of the products referred to in Annex I and who pay a contribution towards the overall management costs of this system borne by the organization.

>Text following EP vote>

2. Production aid shall be granted to processors who have paid producers for their raw materials a price not less than the minimum price under contracts between, on the one side, producers or their associations or unions recognized or provisionally authorized under Council Regulation (EC) No .../95, and on the other, processors or their legally constituted associations or unions.

(Amendments 128 and 149/rev.)

Article 2(2), 1st subparagraph a (new)

>Text following EP vote>

As a transitional measure, and taking due account of the time schedules laid down in Title II ('Producer organizations') of Regulation (EC) No .../96 on the common organization of the market in fruit and vegetables, from the first three years from the adoption of this Regulation processors may make contracts with individual producers provided that minimum prices are respected.

(Amendment 129)

Article 2(2), 2nd subparagraph a (new)

>Text following EP vote>

The production aid system shall be such as to encourage producers and the processing industry to enter into multiannual contracts.

(Amendment 130)

Article 2(2a) (new)

>Text following EP vote>

2a. The contributions to be paid to members of cooperatives carrying out their own processing or those who use other forms of independent processing shall be equivalent to the contracts referred to in paragraph 2, provided they can show that they have complied with the minimum price for producers determined in accordance with the procedures laid down in Article 26.

(Amendment 131)

Article 3(1)(ca) (new)

>Text following EP vote>

(ca) the multiannual character of the contract.

(Amendment 132)

Article 4(7)(b) and (c)

>Original text>

(b) whole peeled tomatoes obtained from the San Marzano variety or similar varieties and falling within CN code 2002 10;

>Text following EP vote>

(b) peeled tomatoes obtained from the San Marzano variety or similar varieties and falling within CN code 2002 10;

>Original text>

(c) whole peeled tomatoes obtained from the Roma or similar varieties and falling within CN code 2002 10;

>Text following EP vote>

(c) peeled tomatoes obtained from the Roma or similar varieties and falling within CN code 2002 10;

(Amendment 133)

Article 4(8)

>Original text>

8. The production aid for other products processed from tomatoes shall be derived, as appropriate, either from the aid calculated for tomato concentrate, with account being taken in particular of the dry extract content of the product, or from the aid calculated for whole peeled tomatoes obtained from the Roma or similar varieties, with account being taken in particular of the commercial characteristics of the product.

>Text following EP vote>

8. The production aid for other products processed from tomatoes shall be derived, as appropriate, either from the aid calculated for tomato concentrate, with account being taken in particular of the dry extract content of the product, or from the aid calculated for peeled tomatoes obtained from the Roma or similar varieties, with account being taken in particular of the commercial characteristics of the product. In any event, the aid shall be calculated taking into account the minimum price received by the farmer for the processed raw material.

(Amendment 134)

Article 4(9a) (new)

>Text following EP vote>

9a. The Commission shall establish quality standards with a view to facilitating transparency, as well as accurate labelling including the origin of the product and of the raw materials used.

(Amendment 135)

Article 5(1)(ba) and (bb) (new)

>Text following EP vote>

(ba) a quantity corresponding to the average Community production destined for the market over the last five years, for apricots in syrup or natural fruit juice,

>Text following EP vote>

(bb) a quantity corresponding to the average Community production destined for the market over the last five years, for prepared or preserved and cooked or frozen asparagus.

(Amendment 136)

Article 5(2a) (new)

>Text following EP vote>

2a. The thresholds established in paragraph 1 shall be reviewed every five years, to adapt them to consumption.

(Amendment 137)

Article 5(2b) (new)

>Text following EP vote>

2b. For products covered by paragraph 1 of this Article, other forms of processing should also be considered for inclusion and determined following the procedure laid down in Article 26.

(Amendment 138)

Article 6(1)

>Original text>

1. A quota system is hereby introduced for granting production aid on products processed from tomatoes. The production aid shall be limited to a volume of processed products corresponding to a weight of 6 596 787 tonnes of fresh tomatoes.

>Text following EP vote>

1. A quota system is hereby introduced for granting production aid on products processed from tomatoes. The production aid shall be limited to a volume of processed products corresponding to a weight of 7 400 000 tonnes of fresh tomatoes.

(Amendment 139)

(Article 6(2)

>Original text>

2. The volume of processed products referred to in paragraph 1 shall be apportioned every five years among three separate product groups, namely tomato concentrate, tinned whole peeled tomatoes and other products, on the basis of the average quantities of products in each group produced in compliance with minimum prices during the five marketing years preceding the marketing year for which the apportionment is made.

However, the first apportionment, for the 1996/97 marketing year and for the subsequent four marketing years, shall be on the basis of the average quantities actually produced during the marketing years 1991/92, 1992/93, 1993/94 and 1994/95.

>Text following EP vote>

2. This volume shall constitute the maximum eligible for aid and shall be reviewed every three years on the basis of the volumes which have been produced under normal weather conditions and which have complied with minimum prices. It shall be apportioned between two product groups, namely tomato concentrate and similar products and, secondly, tinned peeled tomatoes.

>Text following EP vote>

This maximum guaranteed quantity shall be apportioned among the Member States as national reference quantities in accordance with the national quotas for the 1995/96 marketing year and the volumes actually produced in the three best of the previous five marketing years.

>Text following EP vote>

The arrangements shall be applied in such a way that, should the maximum guaranteed quantity be exceeded, the Member States which have not exceeded their national reference quantities shall in no circumstances suffer a reduction in aid.

>Text following EP vote>

Any overrun of the maximum guaranteed quantity shall be calculated annually each year. Should a Member State exceed its national reference quantity without the Community's overall maximum guaranteed quantity being exceeded, the processing industries of the Member State responsible for the surplus production shall not be penalized in any way.

(Amendment 140)

Article 6(3)

>Original text>

3. The quantity of fresh tomatoes, determined in accordance with paragraph 2 for each product group, shall be shared out each year among the Member States according to the average quantities produced in compliance with minimum prices during the three marketing years preceding the marketing year for which the allocation is made, excluding 1995/96, which shall not be taken into consideration.

>Text following EP vote>

3. The quantity of fresh tomatoes, determined in accordance with paragraph 2 for each product group, shall be shared out each year among the Member States according to the average quantities produced in compliance with minimum prices during the three best of the five marketing years preceding the marketing year for which the allocation is made.

>Original text>

However, for the first three apportionments, for the marketing years 1996/97, 1997/98 and 1998/99, the quantities taken into account in respect of the marketing years 1992/93, 1993/94 and 1994/95 shall be the quantities actually produced.

>Text following EP vote>

However, for the first three apportionments, for the marketing years 1996/97, 1997/98 and 1998/99, the quantities taken into account in respect of the marketing years 1992/93, 1993/94 and 1994/95 shall be the quantities actually produced.

>Original text>

No apportionment under this paragraph may result in a variation, by Member State and by product group, of more than 20% from one marketing year to the next. Where an apportionment is made under paragraph 2, that percentage shall be calculated on the basis of the quantities in the previous marketing year adjusted by the coefficients of variation resulting, for each group of products, from that apportionment.

>Text following EP vote>

No apportionment under this paragraph may result in a variation, by Member State and by product group, of more than 15% from one marketing year to the next. Where an apportionment is made under paragraph 2, that percentage shall be calculated on the basis of the quantities in the previous marketing year adjusted by the coefficients of variation resulting, for each group of products, from that apportionment.

>Text following EP vote>

Wherever this is justified, in the course of each marketing year where problems arise which are due to short-term factors, the body responsible within the Member State shall be empowered to transfer quantities eligible for aid between different processing units so that the national reference quantities allocated can be utilized efficiently.

(Amendment 141)

Article 6(3), 3rd subparagraph a (new)

>Text following EP vote>

For the purposes of the apportionment among Member States, marketing years in which substantial falls in production have occurred as a result of what are recognized to be abnormal weather conditions shall not be taken into account.

(Amendment 142)

Article 8

>Original text>

Common quality standards may be introduced for the products listed in Article 1(2) intended either for consumption in the Community or for export to third countries, in accordance with the procedure laid down in Article 26.

>Text following EP vote>

Common quality standards may be introduced for the products listed in Article 1(2) intended for consumption in the Community, in accordance with the procedure laid down in Article 26. They shall also apply to imports from third countries.

(Amendment 143)

Article 8a (new)

>Text following EP vote>

Article 8a

Community quality standards shall be established for dried figs and raisins in accordance with the procedure laid down in Article 26.

(Amendment 144)

Article 10(1), first subparagraph

>Original text>

1. In the case of products covered by Article 1 which are of major economic or ecological importance at local or regional level and are facing strong international competition, special measures to promote them and enhance their competitiveness may be taken in accordance with the procedure laid down in Article 26.

>Text following EP vote>

1. In the case of products covered by Article 1 which are of major economic or ecological importance at local or regional level and are facing lasting difficulties on the Community market, in particular due to strong international competition, special measures to promote them and enhance their competitiveness may be taken in accordance with the procedure laid down in Article 26.

(Amendment 145)

Article 10(2)

>Original text>

2. The measures provided for in paragraph 1 shall be carried out by producer organizations or their associations recognized under Regulation (EC) No .../95, in association with organizations representing the other branches of activity in the sector concerned.

>Text following EP vote>

2. The measures provided for in paragraph 1 shall be carried out by producer and processor organizations or their associations recognized under Regulation (EC) No .../95, or by recognized interbranch organizations referred to in Title III of Regulation (EC) No .../95.

(Amendment 146)

Article 10(3)

>Original text>

3. A proportion of 50% of the cost of the measures referred to in paragraph 1 will be met from public funds. Of this amount, Member States shall contribute 10% and the Community 90% in the so-called Objective 1 regions under Council Regulation (EEC) No 2052/88, with Member States contributing 20% and the Community 80% in other regions.

>Text following EP vote>

3. A proportion of 50% of the cost of the measures referred to in paragraph 1 will be met from public funds, with the EU alone being responsible.

(Amendment 147)

Article 13(7)

>Original text>

7. Where the import price for sour cherries and processed cherries is less than the minimum price for those products, a countervailing charge equal to the difference between those prices shall be levied.

>Text following EP vote>

7. Where the import price for processed cherries is less than the minimum price for those products, a countervailing charge equal to the difference between those prices shall be levied.

(Amendment 148)

Annex 1, new items

>Text following EP vote>

08129010 Temporarily preserved

apricots

200850 Apricots in syrup

Apricots in cream

Apricots in juice and in pulp

Peaches in fruit juice and in pulp

07108085 Cooked or frozen asparagus

20056000 Ready-prepared or preserved asparagus

Apples

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on the common organization of the market in processed fruit and vegetables (COM(95)0434 - C4-0506/95 - 95/0248(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0434 - 95/0248(CNS) ((OJ C 52, 21.2.1996, p. 23.)),

- having been consulted by the Council pursuant to Articles 42 and 43 of the EC Treaty (C4-0506/95),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A4-0041/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.