European Parliament legislative resolution of 24 May 2007 on the proposal for a Council regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (COM(2006)0822 - C6-0045/2007 - 2006/0269(CNS))
Date: 2007-05-10
Institutions: Committee on Agriculture and Rural Development, European Parliament
Subjects: common organisation of markets, farming sector, simplification of legislation

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P6_TA(2007)0207

TEXTS ADOPTED

Common organisation of agricultural markets *

European Parliament legislative resolution of 24 May 2007 on the proposal for a Council regulation
establishing a common organisation of agricultural markets and on specific provisions for certain
agricultural products (COM(2006)0822 — C6-0045/2007 — 2006/0269(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2006)0822) (1),

— having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parlia-

ment (C6-0045/2007),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Agriculture and Rural Development (A6-0171/2007);

1.

Approves the Commission proposal as amended;

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Asks the Council to consult Parliament again if

4.
substantially;

it intends to amend the Commission proposal

5.

Instructs its President to forward its position to the Council and Commission.

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AMENDMENTS
BY PARLIAMENT

Amendment 1

Recital 6

(6)
Simplification should not lead to calling into question the
political decisions that have been taken over the years in the
CAP. This Regulation should, therefore, essentially be an act of
repeal or
technical simplification.
change existing instruments unless they have become obsolete,
redundant or should not, by their very nature, be dealt with at
Council level, nor introduce new instruments or measures.

It should not,

therefore,

(6)
Simplification should not lead to calling into question the
political decisions that have been taken over the years in the
CAP. This Regulation should, therefore, solely be an act of tech-
nical simplification. It should not, therefore, repeal or change
existing instruments unless they should not, by their purely
technical nature, be dealt with at Council level, nor introduce
new instruments or measures.

(1) Not yet published in OJ.

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AMENDMENTS
BY PARLIAMENT

Amendment 2
Recital 7

Against

this background,

(7)
this Regulation should not
introduce those parts of CMOs which are subject to policy
reviews. This is the case with regard to certain parts of the
fruit and vegetables, the bananas and the wine sectors. The
rules
(EEC)
No 404/93, (EC) No 2200/96, (EC) No 2201/96 and (EC)
No 1493/1999 should, therefore, only be incorporated into
this Regulation to the extent that they are not themselves sub-
ject to any policy reforms.

respective Regulations

contained

the

in

Against

this background,

(7)
this Regulation should not
introduce CMOs which are subject to policy reviews and should
only be incorporated into this Regulation once the ongoing pol-
icy reforms have been completed.

Amendment 3
Recital 9

(9)
The CMOs for cereals, rice, sugar, dried fodder, seeds,
olives, flax and hemp, bananas, milk and milk products and
silk worms provide for marketing years mainly adapted to the
biological production cycles of each of these products.

(9)
The CMOs for cereals, rice, sugar, dried fodder, seeds,
olives, flax and hemp, bananas, wine, milk and milk products
and silk worms provide for marketing years mainly adapted to
the biological production cycles of each of these products. In
the CMOs for fruit and vegetables and processed fruit and
vegetables, the Commission has been empowered to fix the
marketing years due to the fact that the production cycles of
these products vary to a large extent and that in some cases it
is not necessary to fix a marketing year. The marketing years
as they have been fixed in the mentioned sectors and the
power of the Commission to fix the marketing years for the
fruit and vegetables and the processed fruit and vegetables
sectors should, therefore, be incorporated into this Regulation.

Amendment 4
Recital 11a (new)

(11a) Organisations of an interbranch nature set up at the
initiative of operator organisations and representing a signifi-
cant share of the different professional categories of the sector
concerned are capable of contributing to greater account being
taken of the realities of the market and of facilitating the
development of modes of economic behaviour with a view to
improving knowledge as well as the organisation of produc-
tion and product presentation and marketing. Given that the
activities of these organisations of an interbranch nature can
make a general contribution to the realisation of the objectives
those
of Article 33 of
referred to in this Regulation, this Regulation does not call
into question the existence and the functioning of this type
of organisation in the Member States.

the Treaty, and in particular of

Amendment 5
Recital 20

(20)
Under the basic regulations for the beef and veal, the
pigmeat and the sheep meat and goat meat sectors Community
scales for the classification of carcases have been established.
These schemes are essential for the purposes of price recording
and the application of the intervention arrangements in the beef

(20)
Under the basic regulations for the beef and veal, the
pigmeat and the sheep meat and goat meat sectors Community
scales for the classification of carcases have been established.
These schemes are essential for the purposes of price recording
in the beef and veal and sheep meat and pigmeat sectors and

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and veal and pigmeat sectors. Moreover, they pursue the objec-
tive to improve market transparency. Such carcase classification
schemes should be maintained. However, due to their mainly
technical character it appears appropriate to entrust the Com-
mission with the necessary powers to adopt the relevant rules,
acting on the basis of criteria underlying the existing schemes.

AMENDMENTS
BY PARLIAMENT

transparency.

Such carcase

the application of the intervention arrangements in the beef and
veal and pigmeat sectors. Moreover, they pursue the objective to
improve market
classification
schemes should be maintained. Classification of adult bovine
and sheep carcases should be carried out on the basis of con-
formation and the degree of fat cover. The combined use of
these two criteria makes it possible to divide carcases into
classes. Carcases classified in this way should be subject to
identification. In order to ensure the uniform application of
this Regulation in the Community, provision should be made
for on-the-spot checks by a Community inspection committee.

Amendment 6

Recital 25

(25)
Specific instruments are needed to ensure a fair balance
of rights and obligations between sugar undertakings and sugar
beet growers. Therefore, the standard provisions contained so
far in the sugar CMO should be transferred to this Regulation
to govern the contractual relations between buyers and sellers of
sugar beet. Detailed terms have, so far, been subject to the
(EC)
CMO for
No 318/2006. Given the highly technical character of these
terms, it is considered to be more appropriate to deal with
these questions at Commission level.

to Regulation

as Annex

sugar

II

(25)
Specific instruments are needed to ensure a fair balance
of rights and obligations between sugar undertakings and sugar
beet growers. Therefore, framework provisions should be estab-
lished to govern the contractual relations between buyers and
sellers of sugar beet. The diversity of natural, economic and
technical situations makes it difficult to provide for uniform
purchase terms for sugar beet throughout the Community.
Agreements within the trade already exist between associa-
tions of sugar beet growers and sugar undertakings. There-
fore, framework provisions should only define the minimum
guarantees required by both sugar beet growers and the
sugar industry to ensure a smooth functioning of the sugar
market with the possibility to derogate from some rules in
the context of an agreement within the trade.

Amendment 7

Recital 26

deleted

(26)
The diversity of natural, economic and technical situa-
tions makes it difficult to provide for uniform purchase terms
for sugar beet throughout the Community. Agreements within
the trade already exist between associations of sugar beet
growers and sugar undertakings. Therefore, framework provi-
sions should only define the minimum guarantees required by
both sugar beet growers and the sugar industry to ensure a
smooth functioning of the sugar market with the possibility to
derogate from some rules in the context of an agreement
within the trade.

Amendment 8

Recital 35

(35)
In line with the purpose of this Regulation, the struc-
ture of the milk quota should be aligned with that of the
sugar quota provisions. Accordingly, the point of departure of
the dairy rules should no longer be the obligation to pay an
additional
reference quantity is
exceeded but the fixation of national quotas which in case
they are overrun give rise to collecting a surplus levy.

levy where the national

(35)
In line with the purpose of this Regulation, the arrange-
ments concerning control of production in the milk sector and
should be brought
those applicable to the sugar sector
together in one section. Accordingly, in the milk sector, the
term ‘national reference quantities’ should be replaced by
‘national quotas’ which in case they are overrun give rise to
collecting a levy.

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AMENDMENTS
BY PARLIAMENT

Amendment 9
Recital 35a (new)

(35a)
The essential objective of the milk quota system is to
reduce the imbalance between supply and demand for milk
and dairy products and the resulting structural surpluses and
thereby achieve a better market balance. Accordingly, this sys-
tem should be continued for seven more consecutive 12-month
periods from 1 April 2008. In addition, the method adopted in
1984 of setting a levy to be paid on milk collected or sold
directly outside the quota should be maintained.

Amendment 10
Recital 95

(95)
This Regulation confers powers on the Commission
which had, in the past, been conferred on the Council for adop-
tion in accordance with the voting procedure of Article 37 of
the Treaty. Such Council acts need to remain in force until the
Commission adopts the relevant provisions based on the powers
conferred on it by this Regulation. To avoid that in such cases
there would be parallel provisions adopted by the Council on
the one hand and by the Commission on the other, the Com-
mission should be entitled to repeal such Council acts.

(95)
This Regulation confers powers on the Commission
which had, in the past, been conferred on the Council for adop-
tion of technical provisions in accordance with the voting pro-
cedure of Article 37 of the Treaty. Such Council acts need to
remain in force until the Commission adopts the relevant tech-
nical provisions based on the powers conferred on it by this
Regulation. To avoid that in such cases there would be parallel
provisions adopted by the Council on the one hand and by the
Commission on the other, the Commission should be entitled
to repeal such Council acts. All political provisions should be
adopted by the Council pursuant to Article 37 of the Treaty,
after consulting the European Parliament.

Amendment 11
Article 1, paragraph 1, point (i)

(i)

fruit and vegetables, Part IX of Annex I (hereinafter
referred to as ‘the fruit and vegetables sector’);

deleted

Amendment 12
Article 1, paragraph 1, point (j)

(j) processed fruit and vegetables, Part X of Annex I (herein-
after referred to as ‘the processed fruit and vegetables
sector’);

deleted

(l) wine, Part XII of Annex I (hereinafter referred to as ‘the

wine sector’);

deleted

Amendment 13
Article 1, paragraph 1, point (l)

2.
In respect of the fruit and vegetables, processed fruit and
vegetables, and wine sectors, only the following provisions of
this Regulation shall apply:

deleted

Amendment 14
Article 1, paragraph 2

(a) Articles 3 and 4;

(b) Part IV;

(c) Article 183;

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(d) Article 184;

(e) Article 185;

(f) Article 188 and the first paragraph of Article 189;

(g) point (a) of Article 195.

AMENDMENTS
BY PARLIAMENT

Amendment 15

Article 2, paragraph 2, points (ba) and (bb) (new)

(ba)

‘reference price’ shall mean the basis price;

(bb)

‘intervention price’ shall mean the price at which inter-

vention takes place.

Amendment 16

Article 3, paragraph 1, point (d)

(d) 1 August to 31 July of the following year for the wine

deleted

sector;

Amendment 17

Article 3, paragraph 2

2.
For the products of the fruit and vegetables and pro-
cessed fruit and vegetables sectors, the marketing years shall,
if necessary, be fixed by the Commission.

deleted

Amendment 18

Article 9, point (fa) (new)

(fa) pigmeat

Amendment 19

Article 39

Community scales for the classification of carcases, includ-
1.
ing the rules concerning the reporting of prices of certain pro-
ducts by the Member States, shall be established by the Com-
mission in respect of the following sectors:

Community scales for the classification of carcases, includ-
1.
ing the rules concerning the reporting of prices of certain pro-
ducts by the Member States, shall be established in respect of
the following sectors:

(a) beef and veal as regards adult bovine animals;

(a) beef and veal as regards adult bovine animals;

(b) pigmeat;

(b) pigmeat;

(c)

sheep meat and goat meat.

(c)

sheep meat and goat meat.

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In establishing the Community scales referred to in para-
2.
graph 1, the Commission shall be guided, in particular, by the
following criteria:

In establishing the Community scales referred to in para-
2.
graph 1, the following criteria shall in particular be taken as a
guide:

(a)

(b)

for carcases of adult bovine animals the scale shall classify
carcases on the basis of conformation and the degree of fat
cover, enabling the division of carcases into classes and
identification of classified carcases;

for pig carcases the scale shall classify carcases on the basis
of their lean-meat content in relation to their weight, oper-
ate using the principle of direct establishment of the lean-
meat percentage on the basis of objective measurement and
provide for the division of carcases into classes and their
identification;

(a)

(b)

for carcases of adult bovine animals the scale shall classify
carcases on the basis of conformation and the degree of fat
cover, enabling the division of carcases into classes and
identification of classified carcases;

for pig carcases the scale shall classify carcases on the basis
of their lean-meat content in relation to their weight, oper-
ate using the principle of direct establishment of the lean-
meat percentage on the basis of objective measurement and
provide for the division of carcases into classes and their
identification;

(c)

for sheep and goat carcases, the scale shall classify carcases
on the basis of conformation and the degree of fat cover,
enabling the division of carcases into classes and identifica-
tion of classified carcases.

(c)

for sheep and goat carcases, the scale shall classify carcases
on the basis of conformation and the degree of fat cover,
enabling the division of carcases into classes and identifica-
tion of classified carcases.

With regard to carcases of light lambs other criteria may be
used, in particular weight, meat colour and fat colour.

With regard to carcases of light lambs other criteria may be
used, in particular weight, meat colour and fat colour.

2a. With a view to ensuring uniform application of this
Regulation in the Community, on-the-spot checks shall be car-
ried out by a Community monitoring committee.

Amendment 20

Article 41, paragraph 1, point (fa) (new)

(fa) bee-keeping

Amendment 21

Article 47, paragraph 1

Agreements within the trade and delivery contracts shall
1.
conform to paragraph 3 and to purchase
to be
determined by the Commission,
in particular as regards the
conditions governing the purchase, delivery, taking over and
payment of beet.

terms

1.
Agreements within the trade and delivery contracts shall
conform to paragraph 3 and to purchase terms laid down in
Annex IIa,
in particular as regards the conditions governing
the purchase, delivery, taking over and payment of beet.

Amendment 22

Article 50, introductory part

The Commission may adopt the detailed rules for the imple-
mentation of this Section and, in particular:

The Commission may adopt the detailed rules for the imple-
mentation of
in particular, the following
elements:

this Section and,

(−a)

the modifications to Annex IIa;

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AMENDMENTS
BY PARLIAMENT

Amendment 23
Article 51, introductory part

In order
to encourage action by trade organisations and
joint trade organisations to facilitate the adjustment of supply
to market requirements, with the exception of action relating
to withdrawal from the market, the Commission may take the
following measures in respect of the live plants, beef and veal,
pigmeat, sheep meat and goat meat, eggs and poultry sectors:

In order
to encourage action by trade organisations and
joint trade organisations to facilitate the adjustment of supply
to market requirements, with the exception of action relating
to withdrawal from the market, the Commission may take the
following measures in respect of the live plants, milk and dairy
products, beef and veal, pigmeat, sheep meat and goat meat,
eggs and poultry sectors:

Amendment 24
Article 51, point (da) (new)

(da) measures to improve farming.

Amendment 25
Article 52, paragraph 2a (new)

(2a) This Regulation shall apply without prejudice to the
application of Council Regulation (EC) No 1868/94 of
27 July 1994 establishing a quota system in relation to the
production of potato starch (1).

(1) OJ L 197, 30.7.1994, p. 4. Regulation as last amended by
Regulation (EC) No 941/2005 (OJ L 159, 22.6.2005, p. 1).

Amendment 27
Article 118, paragraph 1, introductory part

The Member States shall recognise interbranch organisations
which:

Subject to the sector-specific provisions and without prejudice
to the recognition of similar organisations covering products
not concerned by this article, the Member States shall recognise,
in accordance with the relevant arrangements, organisations of
an interbranch nature which:

Amendment 28
Article 118, paragraph 1, point (a)

(a)

are made up of representatives of economic activities
linked to the production of, trade in, or processing of pro-
ducts of the following sectors:

(a)

are made up of representative organisations of economic
activities linked to the production of and trade in and/or
processing of products of a given sector;

(i)

the olives sector;

(ii) the tobacco sector;

Amendment 29
Article 118, paragraph 1, point (c), introductory part

(c) pursue a specific aim, in particular to:

(c) pursue a specific aim, for example to:

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AMENDMENTS
BY PARLIAMENT

Amendment 30

Article 118, paragraph 1, point (c), point (i)

(i)

concentrate and coordinate supply and marketing of the
produce of the members;

(i)

concentrate and coordinate supply and marketing of the
produce concerned;

Amendment 31

Article 118, paragraph 1, point (c), point (ii)

(ii) adapt production and processing jointly to the require-

(ii) adapt production and/or processing jointly to the require-

ments of the market and improve the product;

ments of the market and improve the product;

Amendment 32

Article 118, paragraph 1, point (c), point (iv)

(iv) carry out research into sustainable production methods and

market developments.

(iv) carry out research and experiments into new sustainable
production methods and studies on market developments.

Amendment 33

Article 118, paragraph 1, point (c), point (iva) (new)

(iva)

foster innovation, quality improvements, diversity, pro-

duct safety, environmental protection and biodiversity.

Amendment 34

Article 118, paragraph 1, point (c), point (ivb) (new)

(ivb)

ensure the provision of information on the product at
all stages in the production and marketing chain and the
promotion of the product.

Amendment 35

Article 118, paragraph 2a (new)

Organisations of an interbranch nature may ask the authori-
ties which granted them recognition to make the rules, agree-
ments and procedures they have adopted compulsory for
all operators working with the product or group of products
concerned.

Amendment 36

Article 124

1.
Without prejudice to cases where import licences are
required in accordance with this Regulation, the Commission

1.
and beef and veal

In respect of the cereals, sugar, rice, flax and hemp, milk
to products

(with regard

sectors

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referred to in Annex I, part XV, point (a)) and the olive sector
(with regard to products falling within CN codes 1509,
1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31
and 1522 00 39), all imports into the Community shall be sub-
ject to presentation of an import licence.

Derogations may, nonetheless, be granted:

(a)

in respect of cereal products with no significant impact on
the supply situation on this market;

(b) where the management of certain sugar or rice imports

does not require an import certificate.

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may make imports of one or more products of the following
sectors into the Community subject
to presentation of an
import licence

(a) cereals,

(b) rice,

(c) sugar,

(d) seeds;

(e) olives, with regard to products falling within CN codes
1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19,
1522 00 31 and 1522 00 39,

(f)

flax and hemp, as far as hemp is concerned,

(g) bananas,

(h) live plants,

(i) beef and veal,

(j) milk and milk products,

(k) pigmeat,

(l)

sheep meat and goat meat,

(m) eggs,

(n) poultry,

(o) ethyl alcohol.

In respect of other sectors and products, without preju-
1a.
dice to cases where import licences are required in accordance
with this Regulation, the Commission may make imports
into the Community subject to presentation of an import
certificate.

Amendment 37
Article 135, paragraph 2

2.
Additional import duties shall not be imposed where the
imports are unlikely to disturb the Community market, or
where the effects would be disproportionate to the intended
objective.

2.
The Council shall verify that additional import duties are
unlikely to disturb the Community market, or that their effects
are not disproportionate to the intended objective.

Amendment 38
Article 187, paragraph 1a (new)

The Commission shall endeavour
to apply the principle
of cost-effectiveness in determining these rules and shall
guarantee to the Member States that this will not result in
an abnormal increase in their budgetary costs.

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AMENDMENTS
BY PARLIAMENT

Amendment 39
Article 187, paragraph 2a (new)

The procedures upstream of such penalties shall respect the
right of redress and the right to a fair hearing within the
meaning of the Convention on the Protection of Human
Rights and Fundamental Freedoms of 4 November 1950.

Amendment 40
Article 188, paragraph 1

1.
The Commission shall be assisted by the Management
Committee for the Common Organisation of Agricultural
Markets (hereinafter referred to as ‘the Committee’).

1.
The Commission shall, depending on the markets con-
cerned, be assisted by the management committees for meat,
milk products, vegetable products or perennial crops.

1a.
The Commission shall ensure, by means of procedures
and adequate funding, that the experts appointed by Member
States have a high level of expertise.

Amendment 41
Article 188, paragraph 1b (new)

No later than two years after adoption of this Regula-
1b.
tion, the Commission shall evaluate the lessons learnt from
the work of the management committees and groups of
sectoral experts and shall submit to the European Parliament
and the Council a report on this subject accompanied by the
comments of the Member States.

Amendment 42
Article 188, paragraph 1c (new)

Article 7(3) of Decision 1999/468/EC shall apply to

1c.
meetings of the management committees.

Amendment 43
Article 188, paragraph 3

3.

The Committee shall adopt its Rules of Procedure.

3.

The committees shall adopt their Rules of Procedure.

Amendment 44
Article 195, paragraph 1, point (a)

(a) Regulations (EEC) No 234/68,

(EEC) No 2728/75,

(EEC) No 827/68, (EEC)
(EEC) No 2729/75,
No 2517/69,
(EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75,
(EEC) No 1055/77, (EEC) No 2931/79, (EEC) No 1358/80,
(EEC) No 3730/87, (EEC) No 4088/87, (EEC) No 2075/92,
(EEC) No 2077/92, (EEC) No 404/93, (EC) No 1254/1999,
(EC) No
(EC)
No 797/2004 and (EC) No 1952/2005 as from 1 January
2008;

2529/2001,

670/2003,

(EC) No

(a) Regulations (EEC) No 234/68,

(EEC) No 827/68,

(EEC)
No 2728/75, (EEC) No 2729/75, (EEC) No 2759/75, (EEC)
No 2771/75, (EEC) No 2777/75, (EEC) No 1055/77, (EEC)
No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC)
No 4088/87, (EEC) No 2075/92, (EEC) No 2077/92, (EEC)
No 404/93, (EC) No 1254/1999, (EC) No 2529/2001, (EC)
No 670/2003, (EC) No 797/2004 and (EC) No 1952/2005
as from 1 January 2008;

(e) as regards the wine sector as well as Article 191, from

deleted

1 August 2008;

Amendment 45
Article 198, paragraph 2, point (e)

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Amendment 46

Annex I, Part IX

Part IX: Fruit and Vegetables
As regards fruit and vegetables, this Regulation shall cover
the products listed in the following table:

deleted

CN code

Description

0702 00 00 Tomatoes, fresh or chilled

0703

0704

0705

0706

Onions, shallots, garlic, leeks and other alliac-
eous vegetables, fresh or chilled

Cabbages, cauliflowers, kohlrabi, kale and
similar edible brassicas, fresh or chilled

Lettuce (Lactuca sativa) and chicory (Cichorium
spp.), fresh or chilled

Carrots, turnips, salad beetroot, salsify, celeriac,
radishes and similar edible roots, fresh or
chilled

0707 00

Cucumbers and gherkins, fresh or chilled

0708

ex 0709

ex 0802

Leguminous vegetables, shelled or unshelled,
fresh or chilled

Other vegetables, fresh or chilled, excluding
vegetables of subheadings 0709 60 91,
0709 60 95, 0709 60 99, 0709 90 31,
0709 90 39 and 0709 90 60

Other nuts, fresh or dried, whether or not
shelled or peeled, excluding areca (or betel)
and cola nuts falling within subheading
0802 90 20

0803 00 11

Fresh plantains

ex 0803 00 90 Dried plantains

0804 20 10

Figs, fresh

0804 30 00

Pineapples

0804 40 00 Avocados

0804 50 00 Guavas, mangos and mangosteens

0805

Citrus fruit, fresh or dried

0806 10 10

Fresh table grapes

0807

0808

0809

Melons (including watermelons) and pawpaws
(papayas), fresh

Apples, pears and quinces, fresh

Apricots, cherries, peaches (including nectar-
ines), plums and sloes, fresh

0810

Other fruit, fresh

0813 50 31
0813 50 39

Mixtures exclusively of dried nuts of headings
0801 and 0802

1212 99 30 Carobs

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AMENDMENTS
BY PARLIAMENT

Amendment 47

Annex I, Part X

Part X: Processed Fruit and Vegetable Products
As regards processed fruit and vegetable products, this Regu-
lation shall cover the products listed in the following table:

deleted

CN code

Description

(a)

ex 0710

ex 0711

ex 0712

Vegetables (uncooked or cooked by steaming
or boiling in water) frozen, excluding
sweetcorn of subheading 0710 40 00, olives
of subheading 0710 80 10 and fruits of the
genus Capsicum or of the genus Pimenta of
subheading 0710 80 59

Vegetables provisionally preserved (for
example, by sulphur dioxide gas, in brine,
in sulphur water or in other preservative
solutions), but unsuitable in that state for
immediate consumption, excluding olives of
subheading 0711 20, fruits of the genus
Capsicum or of the genus Pimenta of
subheading 0711 90 10 and sweetcorn of
subheading 0711 90 30

Dried vegetables, whole, cut, sliced, broken
or in powder, but not further prepared,
excluding potatoes dehydrated by artificial
heat-drying and unfit for human consump-
tion falling within subheading ex
0712 90 05, sweetcorn falling within the
subheadings ex 0712 90 11 and
0712 90 19 and olives falling within
subheading ex 0712 90 90

0804 20 90 Dried figs

0806 20

Dried grapes

ex 0811

ex 0812

ex 0813

Fruit and nuts, uncooked or cooked by
steaming or boiling in water, frozen, not
containing added sugar or other sweetening
matter, excluding frozen bananas falling
within subheading ex 0811 90 95

Fruit and nuts, provisionally preserved (for
example by sulphur dioxide gas, in brine, in
sulphur water or in other preservative solu-
tions), but unsuitable in that state for
immediate consumption, excluding bananas
falling within subheading ex 0812 90 98

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

0814 00 00

Peel of citrus fruit or melons (including
watermelons), fresh, frozen, dried or provi-
sionally preserved in brine, in sulphur
water or in other preservative solutions

0904 20 10 Dried sweet peppers, neither crushed nor

ground

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CN code

Description

(b)

ex 0811

Fruit and nuts, uncooked or cooked by
steaming or boiling in water, frozen, con-
taining added sugar or other sweetening
matter

ex 1302 20

Pectic substances and pectinates

ex 2001

Vegetables, fruit, nuts and other edible
parts of plants, prepared or preserved by
vinegar or acetic acid, excluding:
— fruit of the genus Capsicum other than
sweet peppers or pimentos of subhead-
ing 2001 90 20

— sweetcorn (Zea mays var. saccharata) of

subheading 2001 90 30

— yams, sweet potatoes and similar edible
parts of plants containing 5 % or more
by weight of starch of subheading
2001 90 40

— palm hearts of subheading 2001 90 60
— olives of subheading 2001 90 65
— vine leaves, hop shoots and other simi-
lar edible parts of plants falling within
subheading ex 2001 90 99

2002

2003

ex 2004

ex 2005

Tomatoes prepared or preserved otherwise
than by vinegar or acetic acid

Mushrooms and truffles, prepared or pre-
served otherwise than by vinegar or acetic
acid

Other vegetables prepared or preserved
otherwise than by vinegar or acetic acid,
frozen, other than the products of heading
2006, excluding sweetcorn (Zea mays var.
saccharata) of subheading ex 2004 90 10,
olives of subheading ex 2004 90 30 and
potatoes prepared or preserved in the form
of flour, meal or flakes of subheading 2004
10 91

Other vegetables prepared or preserved
otherwise than by vinegar or acetic acid,
not frozen, other than products of heading
2006 excluding olives of subheading 2005
70, sweetcorn (Zea mays var. saccharata) of
subheading 2005 80 00 and fruit of the
genus Capsicum, other than sweet peppers
or pimentos of subheading 2005 99 10 and
potatoes prepared or preserved in the form
of flour, meal or flakes of subheading 2005
20 10

ex 2006 00

Fruit, nuts, fruit-peel and other parts of
plants, preserved by sugar (drained, glacé or
crystallised), excluding bananas preserved
by sugar falling within headings ex 2006
00 38 and ex 2006 00 99

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CN code

ex 2007

ex 2008

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Description

Jams, fruit jellies, marmalades, fruit or nut
purée and fruit or nut pastes, whether or
not containing added sugar or other sweet-
ening matter, excluding:
— homogenised preparations of bananas of

subheading ex 2007 10

— jams, jellies, marmalades, purée or
pastes of bananas of subheadings
ex 2007 99 39, ex 2007 99 57 and
ex 2007 99 98

Fruit, nuts and other edible parts of plants,
otherwise prepared or preserved, whether or
not containing added sugar or other sweet-
ening matter or spirit, not elsewhere speci-
fied or included, excluding:
— peanut butter of subheading 2008 11

10

— palm hearts of subheading 2008 91 00
— maize of subheading 2008 99 85
— yams, sweet potatoes and similar edible
parts of plants, containing 5 % or more
by weight of starch of subheading 2008
99 91

— vine leaves, hop shoots and other simi-
lar edible parts of plants falling within
subheading ex 2008 99 99

— mixtures of banana otherwise prepared
or preserved of subheadings ex 2008 92
59, ex 2008 92 78, ex 2008 92 93 and
ex 2008 92 98

— bananas otherwise prepared or pre-

ex 2009

served of subheadings ex 2008 99 49,
ex 2008 99 67 and ex 2008 99 99

Fruit juices (excluding grape juice and
grape must of subheadings 2009 61 and
2009 69 and banana juice of subheading ex
2009 80) and vegetable juices, unfermented
and not containing added spirit, whether or
not containing added sugar or other sweet-
ening matter

Amendment 48

Annex I, Part XII

Part XII: Wine
As regards wine, this Regulation shall cover the products
listed in the following table:

deleted

CN code

Description

(a)

2009 61
2009 69

Grape juice (including grape must)

2204 30 92
2204 30 94
2204 30 96
2204 30 98

Other grape musts, other than those in fer-
mentation or with fermentation arrested
otherwise than by the addition of alcohol

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CN code

Description

(b)

ex 2204

(c)

(d)

0806 10 90
2209 00 11
2209 00 19
2206 00 10

2307 00 11
2307 00 19

2308 00 11
2308 00 19

Wine of fresh grapes, including fortified
wines; grape must other than that of head-
ing 2009, excluding other grape must of
subheadings 2204 30 92, 2204 30 94,
2204 30 96 and 2204 30 98

Fresh grapes other than table grapes
Wine vinegar

Piquette

Wine lees

Grape marc

Amendment 49
Annex IIa (new)

ANNEX IIa

PURCHASE TERMS FOR BEET

POINT I

For the purposes of this Annex ‘Contracting Parties’ means:

(a) sugar undertakings (hereinafter referred to as ‘manufac-

turers’),

and

(b) beet sellers (hereinafter referred to as ‘sellers’).

POINT II

1. Delivery contracts shall be made in writing for a speci-
fied quantity of quota beet.

2. Delivery contracts shall specify whether an additional
quantity of beet may be supplied, and under what terms.

POINT III

1. Delivery contracts shall indicate the purchase prices for
the quantities of beet, on the understanding that a distinction
shall be drawn depending on whether the quantities of sugar
produced from that beet are:

(a) quota sugar;

(b) surplus sugar.

In the case of the quantities referred to in point (a), the prices
may not be lower than the minimum price for quota beet
indicated in Article 5(1)
of Council Regulation (EC)
No 318/2006.

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2. Delivery contracts shall lay down a fixed sugar content
for beet. They shall include a conversion scale showing the
different sugar contents and factors for converting the quanti-
ties of beet supplied into quantities corresponding to the sugar
content shown in the delivery contract.

The scale shall be based on the yields corresponding to the
different sugar contents.

3. Where a seller has signed a delivery contract with a
manufacturer for the delivery of beet intended for the produc-
tion of quota sugar, all deliveries by that seller, converted in
accordance with paragraph 2 of this Point, shall be considered
to be deliveries of beet intended for the production of quota
sugar, up to the quantity of beet specified in the delivery
contract.

4. Manufacturers producing a quantity of sugar lower than
their quota beet for which they have signed pre-sowing deliv-
ery contracts shall distribute the quantity of beet correspond-
ing to any additional production up to the amount of their
quota among the sellers with whom they have signed pre-sow-
ing contracts for the delivery of beet intended for the produc-
tion of quota sugar.

Agreements within the
provision.

trade may derogate

from this

POINT IV

1. Delivery contracts shall contain provisions concerning
the staggering and normal duration of beet deliveries.

2.
Provisions referred to in paragraph 1 shall be those
applicable during the previous marketing year, taking account
of the level of actual production; agreements within the trade
may derogate therefrom.

POINT V

1. Delivery contracts shall provide for beet collection places.

2. Where sellers and manufacturers have already signed a
delivery contract for the previous marketing year, the collec-
tion places agreed upon by them for deliveries during that
marketing year shall remain in operation. Agreements within
the trade may derogate from this provision.

3. Delivery contracts shall provide that loading and trans-
port costs from the collection places are to be borne by the
manufacturer subject to special agreements based on local
rules or usages in operation before the previous marketing
year.

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However, in Denmark, Greece, Spain, Ireland, Portugal,
4.
Finland and the United Kingdom, where beet is delivered free-
at-factory, delivery contracts shall require manufacturers to
contribute to loading and transport costs and shall stipulate
the percentage or amounts.

POINT VI

1. Delivery contracts shall provide for reception points for
beet.

2. Where sellers and manufacturers have already signed a
delivery contract for the previous marketing year, the reception
points agreed upon by them for deliveries during that market-
ing year shall remain in operation. Agreements within the
trade may derogate from this provision.

POINT VII

1. Delivery contracts shall provide for the sugar content to
be determined using the polarimetric method. A sample of the
beet shall be drawn at the time of reception.

2.
Agreements within the trade may provide for samples to
be drawn at another stage. In such cases, the delivery contract
shall provide for a correction to compensate for any drop in
the sugar content between the reception and the drawing of
the sample.

POINT VIII

Delivery contracts shall provide for gross weight, tare and
sugar content to be determined using one of the following
procedures:

(a)

jointly, by the manufacturer and the beet growers' trade
organisation,
so
provides;

if an agreement within the

trade

(b) by the manufacturer, under the supervision of the beet

growers' trade organisation;

(c) by the manufacturer, under the supervision of an expert
recognised by the Member State concerned, provided the
seller defrays the costs thereof.

POINT IX

1. Delivery contracts shall require manufacturers to do one or
more of the following for the whole quantity of beet delivered:

(a)

to return the fresh pulp from the tonnage of beet delivered
free of charge to the seller, ex factory;

(b) to return part of that pulp, pressed, dried or dried and

molassed, free of charge to the seller, ex factory;

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(c)

to return the pulp, pressed or dried, to the seller, ex fac-
tory; in this case, the manufacturer may require the seller
to pay the pressing or drying costs;

(d)

to pay the seller compensation which takes account of the
possibilities of selling the pulp concerned.

When parts of the whole quantity of beet delivered are subject
to different
impose
more than one of the obligations provided for in the first sub-
paragraph.

the delivery contract shall

treatment,

2.
Agreements within the trade may provide for pulp to be
delivered at a stage other than that referred to in paragraph
1(a), (b) and (c).

POINT X

1. Delivery contracts shall fix the time limits for any
advance payments and for payment of the purchase price for
beet.

The time limits referred to in paragraph 1 shall be those
2.
valid during the previous marketing year. Agreements within
the trade may derogate from this provision.

POINT XI

Where delivery contracts lay down rules covering matters
which are dealt with in this Annex, or where they contain
provisions governing other matters,
their provisions and
effects shall not conflict with this Annex.

POINT XII

Agreements within the trade shall contain arbitration

1.
clauses.

2. Where agreements within the trade at Community, regio-
nal or local level lay down rules covering matters which are
dealt with in this Regulation, or where they contain provisions
governing other matters, their provisions and effects shall not
conflict with this Annex.

Agreements referred to in paragraph 2 lay down, in par-

3.
ticular:

(a)

rules on the distribution to sellers of quantities of beet
which the manufacturer decides to buy prior to sowing,
for the manufacture of sugar within the limits of the
quota;

(b)

rules on distribution as referred to in Point III(4);

(c)

the conversion scale referred to in Point III(2);

(d)

rules on the choice and supply of seeds of the varieties of
beet to be produced;

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(e)

(f)

the minimum sugar content of beet to be delivered;

a requirement for consultation between the manufacturer
and the sellers' representatives before the starting date of
beet deliveries is fixed;

(g)

the payment of premiums to sellers for early or late
deliveries;

(h)

details of:

(i)

the part of the pulp referred to in Point IX(1)(b),

(ii) the costs referred to in Point IX(1)(c),

(iii)

the compensation referred to in Point IX(1)(d);

(i)

the removal of pulp by the seller;

(j) without prejudice to the provisions concerning the mini-
mum price for quota beet, as laid down in Article 5(1) of
Regulation (EC) No 318/2006, rules on how any differ-
ence between the reference price and the actual selling
price of the sugar is to be allocated between the manu-
facturer and sellers.

POINT XIII

Where there is no set agreement within the trade as to how
the quantities of beet intended for the manufacture of sugar
within the quota limits which the manufacturer offers to
buy before sowing should be allocated among the sellers, the
Member State concerned may itself lay down rules for such
allocation.

Those rules may also grant to traditional sellers of beet to
than those which they
cooperatives delivery rights other
would enjoy if they belonged to such cooperatives.

P6_TA(2007)0208

Common organisation of the market in cereals *

European Parliament legislative resolution of 24 May 2007 on the proposal for a Council regulation
amending Regulation (EC) No 1784/2003 on the common organisation of the market in cereals
(COM(2006)0755 — C6-0044/2007 — 2006/0256(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2006)0755) (1),

— having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament

(C6-0044/2007),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Agriculture and Rural Development (A6-0141/2007);

(1) Not yet published in OJ.