Legislative resolution embodying Parliament"s opinion on the proposal for a Council Regulation amending and correcting Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables (COM(98) 0647 C4-0709/98 98/0309(CNS))(Consultation procedure)
Date: 1999-04-14
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: EU aid, VAT, freedom to provide services, fruit, production aid, vegetable, vegetable fats













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51999AP0164

Legislative resolution embodying Parliament"s opinion on the proposal for a Council Regulation amending and correcting Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables (COM(98) 0647 C4-0709/98 98/0309(CNS))(Consultation procedure)  


Official Journal C 219 , 30/07/1999 P. 0205 





A4-0164/99Proposal for a Council Regulation amending and correcting Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables (COM(98)0647 - C4-0709/98 - 98/0309(CNS))The proposal was approved with the following amendments:(Amendment 1)Recital 1>Original text>Whereas Council Regulation (EEC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables, amended by Commission Regulation (EC) No 2520/97 as regards certain Combined Nomenclature codes, laysdown rules on recognised producer organisations; whereas these rules require members to sell their entire production through the organisation; whereas, however, provision is made for this obligation to be waived for direct sales on the producer¨s holding to consumers for their personal needs; whereas a volume restriction applies to such sales; whereas to take account of standard practice in certain parts of the Community this waiver should be extended to embrace direct sales away from the holding but no change should be made in the volume restriction;>Text following EP vote>Whereas Council Regulation (EEC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables, amended by Commission Regulation (EC) No 2520/97 as regards certain Combined Nomenclature codes, laysdown rules on recognised producer organisations; whereas these rules require members to sell their entire production through the organisation; whereas, however, provision is made for this obligation to be waived for direct sales on the producer¨s holding to consumers for their personal needs; whereas a volume restriction applies to such sales; whereas to take account of standard practice in certain parts of the Community this waiver should be extended to embrace direct sales away from the holding, where such practice is traditional, without impairing the aims that producer organisations may legitimately be asked to fulfil; whereas there is a need to define strictly the local practice covered by this waiver and apply more restrictive marketing requirements if additional waivers are applied;(Amendment 2)Recital 2>Original text>Whereas the English, French, Italian, Portuguese, Spanish and Swedish versions of Article 15(4)(c) of that Regulation are at variance with the other language versions; whereas they should, therefore, be corrected;>Text following EP vote>WhereasArticle 15(4)(c) of Regulation (EC) No 2200/96 states that the producer organisations must make financial provision to ensure compliance with Community law; whereas producer organisations cannot, however, be required to provide funds for carrying out duties that are outside their remit; whereas this requirement must therefore be abolished;(Amendment 3)ARTICLE 1(1)Article 11(1)(c)(3), 1st indent (Regulation (EC) No 2200/96)>Original text>1. In the first indent of Article 11(1)(c)(3) the words 'on their holdings¨ are deleted.>Text following EP vote>1. The first indent of Article 11(1)(c)(3) is replaced by the following:>Original text>>Text following EP vote>'- carry out direct sales on their holdings to consumers for their personal needs, provided that such sales do not exceed 20% of their production,'(Amendment 4)ARTICLE 1(1a) (new)Article 11(1)(c)(3), first indent a (new) (Regulation (EC) No 2200/96)>Original text>>Text following EP vote>1a. After the first indent of Article 11(1)(c)(3) the following new indent is inserted:>Original text>>Text following EP vote>'- or carry out direct sales to consumers for their personal needs, outside their own holding and within the producer organisation's production area, in markets and conditions expressly authorised by any Member State, provided that such sales do not exceed 10 % of their production,'(Amendment 5)ARTICLE 2Article 15(4)(c) (Regulation (EC) No 2200/96>Original text>Article 15(4)(c) of Regulation (EC) No 2200/96 is replaced by the following:>Text following EP vote>Article 15(4)(c) of Regulation (EC) No 2200/96 isdeleted.>Original text>'(c) make financial provision for the technical and human resources required to ensure compliance with standards, plant-health rules and maximum permitted levels of residues.'>Text following EP vote>Legislative resolution embodying Parliament¨s opinion on the proposal for a Council Regulation amending and correcting Regulation (EC) No 2200/96 on the common organisation of the market in fruit and vegetables (COM(98)0647 - C4-0709/98 - 98/0309(CNS))(Consultation procedure)The European Parliament,- having regard to the Commission proposal to the Council, COM(98)0647 - 98/0309(CNS) ((OJ C 381, 8.12.1998, p. 8.)),- having been consulted by the Council pursuant to Article 43 of the EC Treaty (C4-0709/98),- 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 (A4-0164/99),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.