You are on page 1of 34

C 125 E/180 Official Journal of the European Union EN 22.5.

2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 19
Article 27a (new)

Article 27a

Monitoring the socio-economic impact of application of the


Regulation

The Commission shall draft a report on the socio-economic


impact of the application of this Regulation on the fisheries
sector, particularly on employment and the economic situation
of fishermen, shipowners and firms engaged in cod fishing
and processing. The Commission shall produce this report in
the second year of application of this Regulation and in each
subsequent year of its application, for submission to the Euro-
pean Parliament by 30 April of the relevant year.

P6_TA(2007)0232

Specific rules as regards the fruit and vegetable sector *

European Parliament legislative resolution of 7 June 2007 on the proposal for a Council regulation
laying down specific rules as regards the fruit and vegetable sector and amending certain Regula-
tions (COM(2007)0017 — C6-0075/2007 — 2007/0012(CNS))

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal to the Council (COM(2007)0017) (1),

— having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parlia-
ment (C6-0075/2007),

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

— having regard to the report of the Committee on Agriculture and Rural Development and the opinion
of the Committee on International Trade (A6-0183/2007),

(1) Not yet published in OJ.


22.5.2008 EN Official Journal of the European Union C 125 E/181

Thursday 7 June 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;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal
substantially;

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

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 1
RECITAL 2

(2) In the light of experience it is necessary to change the (2) In the light of experience it is necessary to change the
regime for fruit and vegetables in order to achieve the following regime for fruit and vegetables in order to achieve the following
objectives: improving the competitiveness and market orienta- objectives: improving the competitiveness and market orienta-
tion of the sector so as to contribute to achieving sustainable tion of the sector so as to contribute to achieving sustainable
production that is competitive both on internal and external production that is competitive both on internal and external
markets, reducing fluctuations in producers' income resulting markets, taking into account the situation of the new Member
from crises on the market, increasing the consumption of fruit States in order to reduce, if possible, the imbalances between
and vegetables in the Community and continuing the efforts different Member States and regions with the aim of main-
made by the sector to maintain and protect the environment. taining farmers' incomes, reducing fluctuations in producers'
income resulting from crises on the market, increasing the con-
sumption of fruit and vegetables in the Community and conti-
nuing the efforts made by the sector to maintain and protect
the environment, protect public health and the interests of
consumers and make controls on imports of fruit and vegeta-
bles from third countries more effective.

Amendment 2
RECITAL 5

(5) The scope of this Regulation should be products covered (5) The scope of this Regulation should be products covered
by the common market organisations of the markets in fruit by the common market organisations of the markets in fruit
and vegetables and processed fruit and vegetables. However, and vegetables and processed fruit and vegetables. The scope
the provisions on producer organisations and interbranch of the common market organisation in fruit and vegetables
organisations and agreements only apply to products covered should also be extended to certain culinary herbs to allow
by the common market organisation for fruit and vegetables them to benefit from the regime.
and this distinction should be maintained. The scope of the
common market organisation in fruit and vegetables should
also be extended to certain culinary herbs to allow them to
benefit from the regime.

Amendment 3
RECITAL 7

(7) The production and marketing of fruit and vegetables (7) The production and marketing of fruit and vegetables
should take full account of environmental concerns, including should take full account of environmental concerns, including
cultivation practices, the management of waste materials and cultivation practices, the management of waste materials and
C 125 E/182 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

the disposal of products withdrawn from the market, in particu- the disposal of products withdrawn from the market, in particu-
lar as regards the protection of water quality, the maintenance lar as regards the protection of water quality, the maintenance
of biodiversity and the upkeep of the countryside. of biodiversity and the upkeep of the countryside. In order bet-
ter to assist farmers and operators in translating the high
quality of their products into higher revenue, the Commission
should further investigate the possible introduction of a Euro-
pean quality label.

Amendment 4
RECITAL 8

(8) Producer organisations are the basic elements in the fruit (8) Producer organisations and interbranch organisations
and vegetables regime, the decentralised operation of which they are the basic elements in the fruit and vegetables regime, the
ensure at their level. In the face of ever greater concentration of decentralised operation of which they ensure at their level. In
demand, the grouping of supply through these organisations the face of ever greater concentration of demand, the grouping
continues to be an economic necessity in order to strengthen of supply through these organisations continues to be an eco-
the position of producers in the market. Such grouping must nomic necessity in order to strengthen the position of produ-
be effected on a voluntary basis and must prove its utility by cers in the market. However, securing a genuine improvement
the scope and efficiency of the services offered by producer in the position of producers vis-à-vis retail networks and large
organisations to their members. processing concerns will require other, political, action to be
taken at Community level. Such grouping must be effected on
a voluntary basis and must prove its utility by the scope and
efficiency of the services offered by producer organisations to
their members.

Amendment 5
RECITAL 9

(9) Experience shows that producer organisations are the cor- (9) Experience shows that producer organisations are the cor-
rect tool for grouping supply. However, the spread of producer rect tool for concentration of supply. However, the spread of
organisations in different Member States has been uneven. In producer organisations in different Member States has been
order to further improve the attractiveness of producer organi- uneven. In order to further improve the attractiveness of produ-
sations, provision should be made for more flexibility in their cer organisations, provision should be made for more flexibility
operation wherever possible. Such flexibility should concern in in their operation wherever possible, as well as to prevent their
particular the product range of a producer organisation, the being excessively concentrated in areas where the production
extent of direct sales permitted and the extension of rules to and marketing conditions are more homogeneous, which
non-members as well as permitting the delegation of powers would indirectly lead to overall supply being dispersed. Such
or functions of producer organisations to associations of produ- flexibility should concern in particular the product range of a
cer organisations, subject to necessary conditions, and the dele- producer organisation, the extent of direct sales permitted and
gation of functions to subsidiaries. the extension of rules to non-members as well as permitting the
delegation of powers or functions of producer organisations to
associations of producer organisations, subject to conditions
available to ensure their efficient operation, and the delegation
of functions to subsidiaries.

Amendment 6
RECITAL 11

(11) Producer groups in Member States which have acceded (11) Producer groups in Member States which have acceded
to the Community in 2004 or thereafter and wishing to acquire to the Community in 2004 or thereafter and wishing to acquire
the status of producer organisations in accordance with this the status of producer organisations in accordance with this
Regulation should be allowed the benefit of a transitional period Regulation should be allowed, insofar as the degree of concen-
during which national and Community financial support can be tration of supply is still inadequate, the benefit of a transitional
given against certain commitments by the group. period during which national and Community financial support
can be given against certain commitments by the group.
22.5.2008 EN Official Journal of the European Union C 125 E/183

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 7
RECITAL 13

(13) In regions where the organisation of production is (13) In regions where the organisation of production is
weak, the grant of additional, national, financial contributions weak, the grant of additional, national, financial contributions
should be allowed. In the case of Member States which are at a should be allowed. In the case of Member States which are at a
particular disadvantage with regard to structures, those contri- particular disadvantage with regard to structures, those contri-
butions should be reimbursable by the Community. butions may be reimbursed by the Community at the request
of the competent authorities.

Amendment 8
RECITAL 14

(14) In order to simplify and reduce the cost of the scheme it (14) In order to simplify and reduce the cost of the scheme it
could be helpful to align, where possible, the procedures and could be helpful to align, where possible, the procedures and
rules for the eligibility of expenditure under operational funds rules for the eligibility of expenditure under operational funds
with those of rural development programmes by permitting with those of rural development programmes by permitting
Member States to establish a national strategy for operational Member States to establish a national strategy for operational
programmes. programmes. In this national strategy, as well as in the
national strategic plan and in the rural development pro-
grammes, the measures adopted by the Member States to pre-
vent the dual financing of the measures should be specified. In
addition, in the interests of greater legal certainty and of mak-
ing the operational fund measures more effective, Member
States should be allowed to draw up negative lists of eligibil-
ity.

Amendment 9
RECITAL 16

(16) A number of heterogeneous aid schemes for certain (16) A number of heterogeneous aid schemes for certain
fruit and vegetables have been set out in Regulations (EC) fruit and vegetables have been set out in Regulations (EC)
No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. The No 2200/96, (EC) No 2201/96 and (EC) No 2202/96. The
number and variety of those schemes have made them complex number and variety of those schemes have made them complex
to administer. Whilst they have been targeted at some specific to administer and may create legal uncertainty. Whilst they
fruits and vegetables, they have not been able to fully take into have been targeted at some specific fruits and vegetables, they
account regional conditions of production, and have not cov- have not been able to fully take into account the species
ered all fruit and vegetables. It is therefore appropriate to seek brought in by the new Member States or the regional condi-
a different tool for supporting fruit and vegetable producers. tions of production, and have not covered all fruit and vegeta-
bles. It is therefore appropriate to seek a different tool for sup-
porting fruit and vegetable producers.

Amendment 10
RECITAL 18

(18) In the interests of a more targeted but flexible system of (18) In the interests of a more targeted but flexible system of
support for the fruit and vegetables sector and in the interests support for the fruit and vegetables sector and in the interests
of simplification, it is therefore appropriate to abolish the exist- of simplification, it is therefore appropriate to abolish the exist-
ing aid schemes and include fruit and vegetables fully into the ing aid schemes and include fruit and vegetables at least par-
scheme established by Regulation (EC) No 1782/2003. To this tially into the scheme established by Regulation (EC)
end it is necessary to provide that farmers who produced fruit No 1782/2003. To this end it is necessary to provide that farm-
and vegetables in the reference period should be eligible for the ers who produced fruit and vegetables in the reference period
single payment scheme. Provision should also be made for the should be eligible for the single payment scheme and to set
establishment by Member States of reference amounts and national envelopes on the basis of a representative period
C 125 E/184 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

eligible hectares under the single payment scheme on the basis appropriate to the market of each fruit and vegetable product
of a representative period appropriate to the market of each and of appropriate objective and non-discriminatory criteria.
fruit and vegetable product and of appropriate objective and Areas planted with fruit and vegetables, including permanent
non-discriminatory criteria. Areas planted with fruit and vegeta- fruits and vegetables should be eligible to the single payment
bles, including permanent fruits and vegetables should be eligi- scheme. National ceilings should be amended appropriately,
ble to the single payment scheme. National ceilings should be with reference to the new fruit and vegetable market situation
amended appropriately. Provision should also be made for the resulting from the accession of the new Member States. Provi-
Commission to adopt detailed rules and any necessary transi- sion should also be made for the Commission to adopt detailed
tional measures. rules and any necessary transitional measures.

Amendment 11
RECITAL 18A (new)

(18a) Areas planted with fruit and vegetables should be


excluded from the single payment scheme, in order to ensure
that they cannot be destined for any other agricultural activ-
ity, until their potential effects on structures and on fruit and
vegetable markets are known, thereby respecting the case-law
of the Court of Justice of the European Communities (1) which
demands the submission of detailed impact studies to justify
substantial legislative changes. The report that the Commis-
sion is to submit to the Council on the regional application
of the single payment scheme, referred to in Article 60(8) of
Regulation (EC) No 1782/2003, should, on the one hand,
analyse the impact of the scheme on areas planted with fruit
and vegetables that already enjoy freedom of production and,
on the other, incorporate a specific analysis of the potential
effects of the liberalisation on the whole sector of fruit and
vegetables and potatoes in the Community.

(1) Judgment of 7 September 2006 in Case C-310/04 Spain v


Council [2006] ECR I-7285.

Amendment 12
RECITAL 18B (new)

(18b) Because of the enlargement of 2004, cherries and


berries (strawberries, raspberries and redcurrants) have
become products of great social and economic importance for
the Union, but they are nevertheless undergoing a great struc-
tural crisis and require specific support measures. Area-based
Community aid is therefore provided for these crops under
conditions that ensure the viability of holdings and promote
structural improvement, in particular concentration of supply.

Amendment 13
RECITAL 19

(19) The production of fruit and vegetables is unpredictable (19) The production of fruit and vegetables is unpredictable
and the products are perishable. Surplus on the market, even if and the products are perishable. Surplus on the market, even if
it is not too great, can strongly disturb the market. Some it is not too great, can strongly disturb the market. Some
schemes for market withdrawals have been operated but have schemes for market withdrawals have been operated but have
proved somewhat complex to administer. Some further mea- proved somewhat complex to administer and inefficient. The
sures for crisis management should be introduced, in a manner fruit and vegetable sector is characterised by market
22.5.2008 EN Official Journal of the European Union C 125 E/185

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

as easy to apply as possible. Integration of all such measures instability, and in the event of price collapses the current sys-
into the operational programmes of producer organisations tem of market withdrawals is of limited effectiveness as a
appears the best approach in these circumstances, and should safety net for farmers' incomes, owing to insufficient pay-
also provide for increased attractiveness of producer organisa- ments, excessive bureaucracy, shortcomings in organisation in
tions for producers. the production regions, failure to recognise the production
potential in order to ensure correct market management, the
effect of imports from third countries and the lack of genuine
outlets for the products withdrawn. More effective, horizontal
measures for crisis management, applicable to all farmers from
all market sectors, should be introduced, in a manner as easy to
apply as possible. Integration of all such measures into a secur-
ity fund financed separately from the operational programmes
of producer organisations appears the best approach in these
circumstances, and should also provide for increased attractive-
ness of producer organisations for producers. The Member
States are allowed to devise management measures to tackle
serious national and/or regional crises. Those measures should
be defined in the context of the national strategy and, if the
Member States deem it appropriate, should be financed by
part of the national reserve of payment entitlements referred
to in Article 42 of Regulation (EC) No 1782/2003.

Amendment 14
RECITAL 19A (new)

(19a) In common organisations of the market which are


very open to markets, such as that for fruit and vegetables,
interbranch organisations play an extremely important part
in initial marketing and in the quality of products. They
make it possible not only to improve the competitiveness of
the sector but also to combat market fluctuations. Their func-
tioning therefore considerably limits major market disruptions
and protects producers against crises.

Amendment 15
RECITAL 20A (new)

(20a) In the event of a substantial change to the existing


system, the areas earmarked for production of cultivated
mushrooms may be eligible for the single payment system pro-
vided for by Regulation (EC) No 1782/2003.

Amendment 16
RECITAL 20B (new)

(20b) Average consumption of fruit and vegetables is still


below the levels recommended by the World Health Organiza-
tion and nutrition experts for their importance in achieving a
balanced diet and their substantial role in the prevention of
chronic illnesses. In some Member States, moreover, consump-
tion is gradually falling. In order to counter this trend the role
and resources of producer organisations as regards promotion
should be stepped up and funding should be increased for the
information campaigns and measures to promote the con-
sumption of fruit and vegetables referred to in Regulation
(EC) No 2826/2000 for all sections of the population,
C 125 E/186 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

especially the under-18s. In addition, it would be appropriate


to improve the conditions for free distribution of fruit and
vegetables within the EU and, as far as possible, also in third
countries near the Community.

Amendment 17
RECITAL 23

(23) The creation of a single Community market involves the (23) The creation of a single Community market involves the
introduction of a trading system at the external borders of the introduction of a trading system at the external borders of the
Community. That trading system should include import duties Community. That trading system should include import duties
and should, in principle, stabilise the Community market. The and should, in principle, stabilise the Community market. The
trading system should be based on the undertakings accepted trading system should be based on the undertakings accepted
under the Uruguay Round of multilateral trade negotiations. under the Uruguay Round of multilateral trade negotiations,
which should entail the elimination of the export refunds
granted to the sector in the past and the reconversion of the
amounts allocated to this into internal measures compatible
with the multilateral framework. In addition, it is necessary
to step up information and promotion measures on fruit and
vegetable products in third countries in the context of Council
Regulation (EC) No 2702/1999 of 14 December 1999 on
measures to provide information on, and to promote, agricul-
tural products in third countries (1). The Commission shall
submit the relevant proposals for the revision of the Regula-
tion.

(1) OJ L 327, 21.12.1999, p. 7. Regulation as last amended by Reg-


ulation (EC) No 2060/2004 (OJ L 357, 2.12.2004, p. 3).

Amendment 18
RECITAL 25

(25) Monitoring the volume in trade in agricultural products (25) Monitoring the volume in trade in agricultural products
with third countries may, in respect of certain products, require with third countries may, in respect of certain products, require
the introduction of licensing systems for imports and exports the introduction of licensing systems for imports and exports
including the lodging of a security to ensure that the transac- including the lodging of a security to ensure that the transac-
tions for which such licences are issued are actually carried out. tions for which such licences are issued are actually carried out.
The Commission should, therefore, be empowered to introduce The Commission should, therefore, be empowered to introduce
licensing systems in respect of such products. licensing systems in respect of such products. In order to pro-
tect consumer health and prevent the pollution of crops by
alien harmful organisms, it is necessary to complement the
certification systems with new provisions, different from
those of the present Regulation, with a view to strengthening
the plant health control and quality systems at the borders. In
this connection, it would be desirable to create a European
quality control agency for fruit and vegetable products from
third countries, under the supervision of the European Food
Safety Agency.

Amendment 19
RECITAL 28A (new)

(28a) The process of coordinating, at Community level, the


negotiation of plant health protocols with third countries for
the export of fruit and vegetables should be supported.
22.5.2008 EN Official Journal of the European Union C 125 E/187

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 21
RECITAL 30

(30) Since the common markets in agricultural products are (30) The dynamism of the fruit and vegetable sector, sub-
continuously evolving, the Member States and the Commission ject to structural changes in production or commerce that alter
should keep each other informed of relevant developments. the operation of markets, requires that the Member States and
the Commission should keep each other informed of the most
relevant developments ascertained. It would also be appropri-
ate to establish a price observatory capable of providing
detailed and objective information on markets and thus facil-
itate the triggering of action by the Commission in the event
of serious crises. In addition, progress should be made in
creating a European authority to ensure the transparency of
commercial transactions and strict compliance with the rules
on competition, in particular by large-scale retailers.

Amendment 22
RECITAL 31

(31) The fruit and vegetables regime provides for certain (31) The fruit and vegetables regime provides for certain
obligations to be respected. To guarantee compliance with obligations to be respected. To guarantee compliance with
these obligations, there is a need for controls and the applica- these obligations, there is a need for controls and the applica-
tion of penalties in case of non-compliance with such obliga- tion of penalties in case of non-compliance with such obliga-
tions. The power should, therefore, be conferred on the Com- tions. The power should, therefore, be conferred on the Com-
mission to set up the corresponding rules including those con- mission to set up the corresponding rules including those con-
cerning the recovery of undue payments and on the reporting cerning the recovery of undue payments and on the reporting
obligations of the Member States. The special corps of inspec- obligations of the Member States.
tors in the fruit and vegetable sector will no longer be necess-
ary under the new regime and may be abolished.

Amendment 23
ARTICLE 1, SUBPARAGRAPH 1

This Regulation lays down specific rules applying to the pro- This Regulation lays down specific rules applying to the pro-
ducts listed in Article 1(2) of Regulation (EC) No 2200/96 and ducts listed in Article 1(2) of Regulation (EC) No 2200/96 and
in Article 1(2) of Regulation (EC) No 2201/96. in Article 1(2) of Regulation (EC) No 2201/96, as well as to the
important products introduced by the new Member States.

Amendment 24
ARTICLE 1, SUBPARAGRAPH 2

However Titles III and IV of this Regulation shall only apply deleted
in respect of the products listed in Article 1(2) of Regulation
(EC) No 2200/96.

Amendment 25
ARTICLE 1, SUBPARAGRAPH 3

Article 39 shall apply to potatoes, fresh or chilled of deleted


CN code 0701.
C 125 E/188 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 26
ARTICLE 2, PARAGRAPH 1

1. Provision may be made by the Commission for marketing 1. Provision may be made by the Commission for marketing
standards for one or more of the products listed in Article 1(2) standards for one or more of the products listed in Article 1(2)
of Regulation (EC) No 2200/96 and in Article 1(2) of Regula- of Regulation (EC) No 2200/96 and in Article 1(2) of Regula-
tion (EC) No 2201/96. tion (EC) No 2201/96. To this end, account shall be taken of
the UNECE standards recommended by the Working Party on
Agricultural Quality Standards set up under the auspices of
the United Nations Economic Commission for Europe. Until
the adoption of new standards, the standards adopted pur-
suant to Article 2 of Regulation (EC) No 2200/96 shall
remain applicable.

Amendment 27
ARTICLE 2, PARAGRAPH 2, POINT B

(b) may in particular relate to quality, grading, weight, sizing, (b) concern in particular quality, grading, weight, sizing, packa-
packaging, wrapping, storage, transport, presentation, mar- ging, wrapping, storage, transport, presentation, marketing,
keting and labelling. origin and labelling, including mandatory labelling of ori-
gin for fresh fruit and vegetable products used in pro-
cessed fruit and vegetable products, as well as the specific
forms of production.

Amendment 28
ARTICLE 2, PARAGRAPH 3, SUBPARAGRAPH 1

3. Save as otherwise provided for by the Commission in 3. Save as otherwise provided for by the Commission in
accordance with the criteria referred to in point (a) of para- accordance with the criteria referred to in point (a) of para-
graph 2, the products for which marketing standards have been graph 2, the products for which marketing standards have been
laid down may be marketed in the Community only in accor- laid down may be marketed in the Community only in accor-
dance with such standards. dance with such standards. The owner of products for which
standards are adopted may display them for sale, put them
on sale, sell them, dispatch them or otherwise market them
within the EU only if they comply with those standards. He
shall be responsible for their conformity with the standards.

Amendment 30
ARTICLE 2, PARAGRAPH 3A (new)

3a. In the retail phase, in order to ensure proper consumer


information, products shall bear the indications required by
the standards. These indications shall include, as a minimum:

(a) variety or variety type;

(b) origin of the product;

(c) category.
22.5.2008 EN Official Journal of the European Union C 125 E/189

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 31
ARTICLE 2, PARAGRAPH 3B (new)

3b. Pending the adoption of new provisions for the imple-


mentation of the controls, the control provisions in respect of
conformity with the standards laid down in Commission Reg-
ulation (EC) No 1148/2001 of 12 June 2001 on checks on
conformity to the marketing standards applicable to fresh
fruit and vegetables (1) shall remain in force.

(1) OJ L 156, 13.6.2001, p. 9. Regulation as last amended by Reg-


ulation (EC) No 408/2003 (OJ L 62, 6.3.2003, p. 8).

Amendment 32
ARTICLE 3, PARAGRAPH 1, POINT A

(a) it is formed on the initiative of farmers within the meaning (a) it is formed on the initiative of farmers within the meaning
of Article 2(a) of Regulation (EC) No 1782/2003, who are of Article 2(a) of Regulation (EC) No 1782/2003, who
growers of one or more products listed in Article 1(2) of are growers of one or more products referred to in
Regulation (EC) No 2200/96; Article 1(1) of this Regulation;

Amendment 33
ARTICLE 3, PARAGRAPH 1, POINT B (III)

(iii) reducing production costs and stabilising producer prices; (iii) optimising production costs and stabilising producer
prices;

Amendment 34
ARTICLE 3, PARAGRAPH 1, POINT B (IVA) (new)

(iva) promoting products of certified quality.

Amendment 35
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 1, POINT A

(a) apply the rules adopted by the producer organisation relat- (a) apply the rules adopted by the producer organisation relat-
ing to production reporting, production, marketing and ing to production information and reporting, production,
protection of the environment; marketing and protection of the environment;

Amendment 36
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 1, POINT E

(e) pay the financial contributions provided for in its rules of deleted
association for the establishment and replenishment of
the operational fund provided for in Article 7.
C 125 E/190 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 37
ARTICLE 3, PARAGRAPH 2, SUBPARAGRAPH 2, POINT C

(c) where the producer organisation so authorises, market (c) where the producer organisation so authorises, market
through another producer organisation designated by their themselves or through another producer organisation
own organisation products which, because of their charac- designated by their own organisation products which,
teristics, are not normally covered by the commercial activ- because of their characteristics, are not normally covered
ities of the producer organisation concerned. by the commercial activities of the producer organisation
concerned.

Amendment 38
ARTICLE 3, PARAGRAPH 2A (new)

2a. For the purposes of this Regulation, ‘association of pro-


ducer organisations’ shall mean any legal person formed by
two or more recognised producer organisations, having, in par-
ticular, the following objectives:

(a) replacing their members in the management of the opera-


tional fund referred to in Article 7 and in the preparation,
presentation and implementation of the operational pro-
grammes referred to in Article 8;

(b) managing market crises;

(c) undertaking other activities delegated by the members


pursuant to Article 5.

Amendment 39
ARTICLE 4, PARAGRAPH 1

1. Member States shall recognise as producer organisations 1. Member States shall recognise as producer organisations
for the purposes of this Regulation all producer groups applying for the purposes of this Regulation all producer groups applying
for such recognition, on condition that: for such recognition, on condition that:

(a) they meet the requirements laid down in Article 3 and pro- (a) they meet the requirements laid down in Article 3 and pro-
vide the relevant evidence, including proof that they have a vide the relevant evidence, including proof that they have a
minimum number of members and cover a minimum minimum number of members and cover a minimum
volume of marketable production to be laid down by Mem- volume of marketable production to be laid down by Mem-
ber States; ber States;

(b) there is sufficient evidence that they can carry out their (b) there is sufficient evidence that they can carry out their
activities properly, both over time and in terms of effective- activities properly, both over time and in terms of effective-
ness and concentration of supply; ness and concentration of supply;

(c) they effectively enable their members to obtain technical (c) they provide their members with technical assistance in
assistance in using environmentally-sound cultivation prac- using environmentally-sound cultivation practices;
tices;

(d) they effectively provide their members, if necessary, with (d) they have the technical and human resources necessary for
the technical means for storing, packaging and marketing storing, packaging and marketing their produce and ensure
their produce and ensure proper commercial and budgetary proper commercial and budgetary management of their
management of their activities. activities.
22.5.2008 EN Official Journal of the European Union C 125 E/191

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 40
ARTICLE 4, PARAGRAPH 2

2. Member States may also recognise as producer organi- 2. Producer organisations recognised pursuant to Regula-
sations for the purposes of this Regulation producer organisa- tion (EC) No 2200/96 prior to 31 December 2007 shall ben-
tions which do not comply with the requirement laid down in efit from a two-year transition period starting on 1 January
Article 3(1)(a) provided that: 2008, provided they continue to satisfy the requirements of
the relevant articles of Regulation (EC) No 2200/96. Associa-
tions that have been pre-recognised pursuant to Regulation
(EC) No 2200/96 shall maintain their pre-recognised status
until the end of the implementation period of the recognition
plan.

(a) they existed before 21 November 1996;

(b) they were recognised under Council Regulation (EEC)


No 1035/72 before 1 January 1997.

The other requirements laid down in Article 3, except, if


appropriate, paragraph 1(c) thereof, and in paragraph 1 of
this Article shall apply to producer organisations recognised
pursuant to the first subparagraph of this paragraph.

Amendment 41
ARTICLE 4, PARAGRAPH 3A (new)

3a. Member States shall establish the conditions for recog-


nition of associations of recognised producer organisations.

Amendment 42
ARTICLE 5, PARAGRAPH 1

1. A Member State may permit producer organisations to 1. A Member State may permit producer organisations to
delegate any of their powers to an association of producer orga- delegate all or part of their powers to an association of recog-
nisations of which they are members provided that the Member nised producer organisations of which they are members, or to
State considers that the association is capable of exercising those subsidiary organisations in accordance with conditions to be
powers effectively. established, provided that the Member State considers that the
association is capable of exercising those powers effectively.

Amendment 43
ARTICLE 6, TITLE

Νew Member States Νew Member States and remote and island regions

Amendment 131
ARTICLE 6, PARAGRAPH 1, SUBPARAGRAPH 1

1. Producer organisations in Member States which acceded to 1. Producer organisations in Member States which acceded to
the Community in 2004 or thereafter may be allowed a transi- the Community in 2004 or thereafter and in remote and island
tional period of no more than five years in which to meet the regions may be allowed a transitional period of no more than
conditions for recognition laid down in Article 4. five years in which to meet the conditions for recognition laid
down in Article 4.
C 125 E/192 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 45
ARTICLE 6A (new)

Article 6a

Financing of the recognition plans

1. The aid referred to under Article 6(2a) shall be granted


on a flat-rate basis.

2. The amount of that aid shall be determined, for each


producer organisation, on the basis of the value of its annual
marketed production, and shall be equal to:

(a) in the first, second, third, fourth and fifth years, 10 %,


10 %, 8 %, 6 % and 4 % respectively of the value of the
marketed production up to a maximum of
EUR 2 000 000, and:

(b) in the first, second, third, fourth and fifth years, 5 %, 5 %,


4 %, 3 % and 3 % respectively of the value of the marketed
production in excess of EUR 2 000 000.

3. The Commission shall determine, in its implementing


rules, the maximum limits on aid per producer organisation,
as well as the payment methods.

Amendment 46
ARTICLE 7, PARAGRAPH 1, POINT A

(a) financial contributions of members or the producer organi- (a) financial contributions of members or the producer organi-
sation itself; sation itself; in the latter case, the funds contributed by
the producer organisation may have their origins decided
by the Member States;

Amendment 48
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT BA (new)

(ba) promotion of consumer protection measures,

Amendment 49
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT EA (new)

(ea) promotion of designations of origin and geographical


indications,

Amendment 50
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT EB (new)

(eb) better adjustment of supply to demand, with the intro-


duction of restructuring programmes if necessary,
22.5.2008 EN Official Journal of the European Union C 125 E/193

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 51
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT F

(f) crisis management. deleted

Amendment 52
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FA (new)

(fa) the adoption of measures geared to processing products


for use as biofuel.

Amendment 53
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FB (new)

(fb) training,

Amendment 54
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 1, POINT FC (new)

(fc) harvest insurance.

Amendment 55
ARTICLE 8, PARAGRAPH 1, SUBPARAGRAPH 2

Crisis management shall be related to avoiding and dealing deleted


with crises on the fruit and vegetable markets and shall
cover in this context:

(a) market withdrawals,

(b) green harvesting or non-harvesting of fruit and


vegetables,

(c) promotion and communication,

(d) training measures,

(e) harvest insurance,

(f) support for the administrative costs of setting up mutual


funds.

Amendment 126
ARTICLE 8, PARAGRAPH 2, SUBPARAGRAPH 1

2. Operational programmes shall include action to develop 2. Operational programmes shall include action to develop
the use of environmentally sound techniques by the producer the use of environmentally sound techniques, using Community
members with regard to both cultivation practices and the man- legislation as a point of reference, by the producer members
agement of waste materials. with regard to both cultivation practices and the management
of waste materials.
C 125 E/194 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 56
ARTICLE 8, PARAGRAPH 3

3. Investments which increase environmental pressure shall deleted


only be permitted in situations where effective safeguards to
protect the environment from these pressures are in place.

Amendment 57
ARTICLE 8, PARAGRAPH 4

4. Operational programmes shall include action to promote 4. Operational programmes may include, on a voluntary
the consumption of fruit and vegetables targeted at young con- basis, action to promote the consumption of fruit and vegeta-
sumers at local, regional or national level. bles targeted, in particular, at young consumers at local, regio-
nal or national level, including via specific actions aimed at
promoting the daily consumption of those products in schools.

Amendment 58
ARTICLE 8, PARAGRAPH 4A (new)

4a. Member States may establish, in the framework of the


national strategies referred to in Article 11, a negative list of
measures eligible under the operational funds for the producer
organisations in a given region or area of production, taking
account of the specific structural conditions coexisting there.

Amendment 59
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 1

1. The Community financial assistance shall be equal to the 1. The Community financial assistance shall be equal to the
amount of the financial contributions of member producers as amount of the financial contributions of member producers as
actually paid but limited to 50 % of the actual expenditure actually paid but limited to 50 % of the actual expenditure
incurred. incurred for operational programmes in accordance with the
procedures laid down in Article 12a(2) for the Security Fund.

Amendment 60
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2

The Community financial assistance shall be capped at 4,1 % of The Community financial assistance shall be capped at 6 % of
the value of the marketed production of each producer organi- the value of the marketed production of each producer organi-
sation. sation.

Amendment 61
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2A (new)

The Community financial aid may be supplemented by part of


the national reserve referred to in Article 42 of Regulation
(EC) No 1782/2003, up to a maximum of 0,5 % of the refer-
ence amounts allocated to each Member State, including the
Security Fund mentioned in Article 12a of this Regulation.
Member States shall inform the Commission of their interest
22.5.2008 EN Official Journal of the European Union C 125 E/195

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

in this optional funding possibility, and shall take it into


account when determining their national strategies as referred
to in Article 11.

Amendment 62
ARTICLE 9, PARAGRAPH 1, SUBPARAGRAPH 2B (new)

However, the limitation of financial assistance shall not apply


where the percentage of the expenditure incurred is increased
to 60 %, as provided for in paragraph 2 below.

Amendment 63
ARTICLE 9, PARAGRAPH 2, POINT A

(a) it is submitted by several Community producer organisa- (a) it is submitted by several Community producer organisa-
tions operating in different Member States on transnational tions operating on joint schemes or, in different Member
schemes; States, on transnational schemes;

Amendment 64
ARTICLE 9, PARAGRAPH 2, POINT C

(c) it covers solely specific support for the production of (c) it includes schemes relating to specific support for the pro-
organic products covered by Council Regulation (EC) duction of organic products covered by Council Regulation
No 2092/91; (EEC) No 2092/91 and the action provided for in the first
subparagraph of Article 8(2), or else action to support
integrated fruit and vegetable production, in line with
the rules in force in those Member States which have
regulated this type of production in the absence of specific
Community rules;

Amendment 65
ARTICLE 9, PARAGRAPH 2, POINT F

(f) it is submitted by producer organisations in Member States (f) it is submitted by producer organisations in Member States
where producer organisations market less than 20 % of fruit where producer organisations market less than 20 % of fruit
and vegetables production; and vegetables production, or by producer organisations
operating in regions in which less than 20 % of fruit and
vegetable production is marketed by producer organisa-
tions, or by producer organisations recognised before the
entry into force of this Regulation, over 50 % of whose
marketed production value comes from aid for processed
products under Regulation (EC) No 2201/96 and Regula-
tion (EC) No 2202/96;

Amendment 66
ARTICLE 9, PARAGRAPH 2, POINT GA (new)

(ga) it is submitted by a recognised producer organisation


for a product for which there is a weak associative
movement;
C 125 E/196 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 67
ARTICLE 9, PARAGRAPH 2, POINT GB (new)

(gb) it is submitted by a recognised producer organisation


for a product of major economic or ecological importance,
local or regional, which encounters permanent difficulties
on the Community market, owing in particular to inter-
national competition;

Amendment 68
ARTICLE 9, PARAGRAPH 2, POINT GC (new)

(gc) it is submitted by an association of recognised producer


organisations.

Amendment 69
ARTICLE 9, PARAGRAPH 2, SUBPARAGRAPH 1A (new)

The limit referred to in the second subparagraph of para-


graph 1 shall not apply to the share of Community financial
aid above the limit referred to in the first subparagraph of
that paragraph.

Amendment 70
ARTICLE 9, PARAGRAPH 3

3. The percentage provided for in the first subparagraph of deleted


paragraph 1 shall be 100 % in the case of market withdrawals
of fruit and vegetables which shall not exceed 5 % of the
quantity of the marketed production of each producer organi-
sation and which are disposed of by way of:

(a) free distribution to charitable organisations and founda-


tions, approved to that effect by the Member States, for
use in their activities to assist persons whose right to
public assistance is recognised in national law, in particu-
lar because they lack the necessary means of subsistence;

(b) free distribution to penal institutions, schools and public


education institutions and to children's holiday camps as
well as to hospitals and old people's homes designated by
the Member States, which shall take all necessary steps to
ensure that the quantities thus distributed are additional
to the quantities normally bought in by such establish-
ments.

Amendment 71
ARTICLE 11, PARAGRAPH 1

1. Member States shall establish a national framework for 1. Member States shall establish a national framework
drawing up the general conditions relating to the measures ref- for drawing up the general conditions relating to the measures
erred to in the first subparagraph of Article 8(2). This frame- referred to in the first subparagraph of Article 8(2).
work shall provide in particular that at least 20 % of the total
expenditure under an operational programme shall relate to
those measures.
22.5.2008 EN Official Journal of the European Union C 125 E/197

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Member States shall submit their proposed framework to the


Commission, which may request modifications within three
months if it finds that the proposal does not enable the objec-
tives set out in Article 174 of the Treaty and in the Commun-
ity programme of policy and action in relation to the environ-
ment and sustainable development to be attained. Individual
investments supported by operational programmes shall also
respect those objectives.

Amendment 72
ARTICLE 11, PARAGRAPH 2, INTRODUCTORY PART

2. Member States shall establish a national strategy for sus- 2. Member States shall, on the basis of the guidelines drawn
tainable operational programmes in the fruit and vegetable mar- up by the Commission and with a view to devising and asses-
ket. Such a strategy should provide for the following elements: sing the programmes, establish a national strategy for sustain-
able operational programmes in the fruit and vegetable market.
Such a strategy should provide for the following elements:

Amendment 73
ARTICLE 11, PARAGRAPH 2, POINT C

(c) assessment of operational programmes; (c) monitoring and assessment of operational programmes;

Amendment 74
ARTICLE 11, PARAGRAPH 2, POINT DA (new)

(da) actions undertaken to ensure that there is no duplica-


tion of funding as between the rural development or
national framework programmes and the operational pro-
grammes;

Amendment 75
ARTICLE 11, PARAGRAPH 2, POINT DB (new)

(db) optionally, negative lists of measures eligible under the


operational funds for given regions or areas of production,
in the case of recourse to Article 8(4a).

Amendment 76
ARTICLE 11, PARAGRAPH 2, SUBPARAGRAPH 2

The strategy should also integrate the national framework ref- deleted
erred to in paragraph 1.

Amendment 77
ARTICLE 11, PARAGRAPH 2, SUBPARAGRAPH 2A (new)

2a. The Member States shall forward their draft national


strategies to the Commission, which shall publish them in
the manner that it deems appropriate.
C 125 E/198 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 78
ARTICLE 12, PARAGRAPH 3A (new)

3a. There shall be compatibility with the aids from the two
Community agricultural funds, the EARDF and the EAGGF,
and, where relevant, the ERDF. Member States shall make the
necessary controls to verify that there is no duplication in the
funding of actions.

Amendment 79
ARTICLE 12, PARAGRAPH 3B (new)

3b. Operational programmes drawn up by 2007 and


already approved in accordance with Regulation (EC)
No 2200/96 shall remain valid until their expiry unless the
producer organisation decides otherwise.

Amendment 80
CHAPTER IIA (new), ARTICLES 12A AND 12B (new)

Chapter IIa

Security Fund

Article 12a

Definition of ‘serious crisis’

The concept of ‘serious crisis’ shall be defined by each Mem-


ber State for each product, on the basis of the difference
between the product's value on the market and the average
value registered for an earlier representative period. Account
shall be taken of any differential price level which could ser-
iously prejudice the interests of producers as a whole.

Article 12b

Criteria for action for the Security Fund

1. Member States shall include in their respective national


strategies the creation of a security fund with the aim of deal-
ing with serious crises in the sector, in accordance with the
following criteria:

(a) the existence of a serious crisis shall be declared by the


Member States and/or regions and shall be defined for
each product intended to be integrated within the Fund
in the framework of the national strategies concerned. In
this context the producer organisations could, jointly with
the Member State and/or the regions, choose all or some
of the following actions:

— market withdrawals,
22.5.2008 EN Official Journal of the European Union C 125 E/199

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

— green harvesting or non-harvesting of fruit and vege-


tables,

— promotion and communication,

— training measures,

— market or income insurance,

— support for the administrative costs of setting up


mutual funds, and for the contributions of the produ-
cer organisations' members to those funds,

— processing aid for dual-use products;

(b) the actions to be taken in case of serious crisis shall


affect all producers in one or more economic areas
recognised by the Commission in Chapter III of this
Title, which shall contribute to financing the expenditure
corresponding to their participation in the Fund, as well
as administrative expenditure;

(c) the Community contribution to this Fund will amount to


two thirds; the remaining one third shall be provided by
the producer organisations of the areas affected by the
crisis;

(d) where a serious crisis is declared, the non-associated pro-


ducers in the areas affected shall contribute to the finan-
cing, thus complementing the part supplied by the asso-
ciated producers, including administrative expenditure;

(e) if no serious crises are declared in the period concerned,


the corresponding sums included in the Fund may be com-
mitted afresh for promotion campaigns of a general nat-
ure or remain in the Fund for future campaigns.

2. Member States shall notify the Commission of the crea-


tion of the Security Fund and the specific conditions required
for each individual product. The Commission shall officially
approve the creation and operation of the Fund.

3. Complementarily to the provisions of paragraph 1(c), the


Community contribution to the Security Fund may draw on
part of the national reserve provided for in Article 42 of Reg-
ulation (EC) No 1782/2003, up to an overall maximum of
0,5 % of the reference amounts allocated to each Member
State under Article 9 of this Regulation. Member States
shall inform the Commission of their interest in this optional
funding possibility, and shall take it into account when deter-
mining their national strategies as referred to in Article 11.
C 125 E/200 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 81
ARTICLE 13, PARAGRAPH 1, SUBPARAGRAPH 1

1. In cases where a producer organisation which operates in 1. In cases where a producer organisation or an association
a specific economic area is considered, in respect of a specific of producer organisations which operates in a specific eco-
product, to be representative of production and producers in nomic area is considered, in respect of a specific product, to be
that area, the Member State concerned may, at the request of representative of production and producers in that area, the
the producer organisation, make the following rules binding on Member State concerned may, at the request of the producer
producers established in the area who do not belong to the organisation, make the following rules binding on producers
producer organisation: established in the area who do not belong to the producer orga-
nisation:

(a) the rules referred to in point (a) of the first subparagraph of (a) the rules referred to in point (a) of the first subparagraph of
Article 3(2); Article 3(2);

(b) the rules adopted by the producer organisation relating to (b) the rules adopted by the producer organisation relating to
market withdrawals. crisis prevention and management.

Amendment 82
ARTICLE 13, PARAGRAPH 1, SUBPARAGRAPH 2

The first subparagraph shall apply on condition that those rules: The first subparagraph shall apply on condition that those rules:

(a) have been in force for at least one marketing year,

(b) are included in the exhaustive list in Annex I, (a) are included in the exhaustive list in Annex I,

(c) are made binding for no more than three marketing years. (b) are made binding for no more than three marketing years.

Amendment 83
ARTICLE 13, PARAGRAPH 3

3. A producer organisation shall be deemed representative 3. A producer organisation or an association of producer


within the meaning of paragraph 1 where its members account organisations shall be deemed representative within the mean-
for at least 50 % of the producers in the economic area in which ing of paragraph 1 where its members account for at least 50 %
it operates and it covers at least 60 % of the production of that of the producers, or producers belonging to producer organisa-
area. tions, in the case of associations of producer organisations, in
the economic area in which it operates and it covers at least
60 % of the production of that area.

Amendment 84
ARTICLE 13, PARAGRAPH 5

5. Rules may not be made binding on producers of organic 5. Rules may not be made binding on producers of organic
products covered by Regulation (EC) No 2092/91 unless such a products covered by Regulation (EEC) No 2092/91 unless such
measure has been agreed to by at least 50 % of such producers a measure has been agreed to by at least 50 % of such producers
in the economic area in which the producer organisation oper- in the economic area in which the producer organisation or
ates and that organisation covers at least 60 % of such produc- association of producer organisations operates and that organi-
tion of that area. sation covers at least 60 % of such production of that area.
22.5.2008 EN Official Journal of the European Union C 125 E/201

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 86
ARTICLE 16, POINT A

(a) are made up of representatives of economic activities linked (a) are made up of representatives of economic activities linked
to the production of or trade in or processing of the pro- to the production of and/or trade in and/or processing of
ducts listed in Article 1(2) of Regulation (EC) the products listed in Article 1(1) of this Regulation;
No 2200/96;

Amendment 88
ARTICLE 19, PARAGRAPH 3, POINT A (VII)

(vii) measures to protect organic farming as well as designa- (vii) measures to protect organic and integrated farming as
tions of origin, quality labels and geographical indications; well as designations of origin, quality labels and geographi-
cal indications;

Amendment 89
ARTICLE 19, PARAGRAPH 3, POINT B

(b) must have been in force for at least one marketing year; (b) must have been in force for at least one marketing year
except in cases of crisis prevention and management;

Amendment 90
ARTICLE 30, PARAGRAPH 2

2. Where the declared entry price of the consignment in 2. Where the flat-rate import value is lower than the entry
question is higher than the flat-rate import value, increased price under the common customs tariff, imports shall be sub-
by a margin set in accordance with the procedure referred to ject to the additional import duty laid down in the common
in Article 46(2) of Regulation (EC) No 2200/96 which may customs tariff for products included in the entry price regime.
not exceed the flat-rate value by more than 10 %, the lodging
of a security equal to the import duty determined on the basis
of the flat-rate import value shall be required.

Amendment 91
ARTICLE 30, PARAGRAPH 3

3. If the entry price of the consignment in question is not deleted


declared at the time of customs clearance, the common cus-
toms tariff duty rate to be applied shall depend on the flat-
rate import value or be arrived at by application of the rele-
vant customs legislation provisions under conditions to be
determined in accordance with the procedure referred to in
Article 46(2) of Regulation (EC) No 2200/96.

Amendment 92
ARTICLE 31, PARAGRAPH 2

2. Additional import duties shall not be imposed where the deleted


imports are unlikely to disturb the Community market, or
where the effects would be disproportionate to the intended
objective.
C 125 E/202 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 93
ARTICLE 35

Suspension of Inward Processing Arrangements Abolition of Inward Processing Arrangements

To the extent necessary for the proper functioning of the com- To the extent necessary for the proper functioning of the com-
mon organisation of the markets, the use of inward processing mon organisation of the markets, the use of inward processing
arrangements for the products falling within the scope of this arrangements for the products falling within the scope of this
Regulation may be fully or partially prohibited in accordance Regulation shall, at the request of the Member State con-
with the procedure referred to in Article 46(2) of Regulation cerned, be prohibited.
(EC) No 2200/96.

Amendment 95
ARTICLE 37

Suspension of Outward Processing Arrangements Abolition of Outward Processing Arrangements

To the extent necessary for the proper functioning of the com- To the extent necessary for the proper functioning of the com-
mon organisation of the markets, the use of outward processing mon organisation of the markets, the use of outward processing
arrangements for the products falling within the scope of this arrangements for the products falling within the scope of this
Regulation may be fully or partially prohibited in accordance Regulation shall be prohibited.
with the procedure referred to in Article 46(2) of Regulation
(EC) No 2200/96.

Amendment 97
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT I

(i) the provision for marketing standards referred to in (i) the provision for marketing standards referred to in Arti-
Article 2; cle 2 and the list of products covered by those standards;

Amendment 98
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT III

(iii) rules on derogations from the standards; (iii) rules on derogations and exemptions from the standards;

Amendment 99
ARTICLE 38, SUBPARAGRAPH 2, POINT A, POINT IV

(iv) rules on presentation of particulars required by the (iv) rules on presentation, marketing and labelling required by
standards, the standards;

Amendment 100
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINT II

(ii) the degree of, and detailed rules for, financing of the mea- (ii) the degree of, and detailed rules for, financing of the mea-
sures referred to in Article 6 and Article 10(1); sures referred to in Articles 6 and 6a and Article 10(1).
The amount of the aid referred to in Article 6(2)(a) shall
be not less than 10 %, 10 %, 8 %, 6 % and 4 % of the set-
ting-up and running costs of the producer group in the
first, second, third, fourth and fifth years respectively;
22.5.2008 EN Official Journal of the European Union C 125 E/203

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 101
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINTS IIA, IIB AND IIC (new)

(iia) the general Community framework for the encourage-


ment of integrated production;

(iib) the general framework for the creation and operation of


the Security Fund referred to in Article 12a;

(iic) the general funding framework chargeable to the


national reserve referred to in Article 42 of Regulation
(EC) No 1782/2003;

Amendment 102
ARTICLE 38, SUBPARAGRAPH 2, POINT B, POINTS IID, IIE AND IIF (new)

(iid) rules for the calculation of the value of the production


marketed for the purpose of constituting the operational
fund referred to in Article 7, also with reference to the
repeal of the aid schemes envisaged in Regulations (EC)
No 2201/96 and No 2202/96;

(iie) rules designed to ensure transition as regards the recog-


nition of producer organisations and their associations;

(iif) rules designed to ensure transition in the case of multi-


annual contracts drawn up in the context of the system of
aid for citrus fruit production laid down in Regulation
(EC) No 2202/96;

Amendment 103
ARTICLE 38, SUBPARAGRAPH 2, POINTS IA, IB AND IC (new)

(ia) operational rules of a price monitoring unit at Commun-


ity level, which would provide timely and objective infor-
mation on market trends and would make it possible for
the Commission and the producer organisations to deal
with any price crises at the appropriate moment;

(ib) presentation of a report, no later than 1 January 2009,


on the possible creation of a European authority to moni-
tor the transparency of commercial transactions in the
Community fruit and vegetables sector and ensure full
compliance with competition law by operators occupying
a dominant position;

(ic) measures to reinforce information and promotion cam-


paigns in favour of fruit and vegetable products in third
countries in the framework of Regulation (EC)
No 2702/1999;
C 125 E/204 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 104
ARTICLE 39

Article 39 deleted

State aids

Articles 87, 88 and 89 of the Treaty shall apply to the


production of and trade in potatoes, fresh or chilled of
CN code 0701.

Amendment 105
ARTICLE 40, POINT 1a (new)
Article 1, paragraph 2 (Regulation (EC) No 2200/96)

(1a) In Article 1(2), the following products are added to the


table:

CN 0701 Fresh or chilled potatoes

CN 089 10 20 Saffron

CN 0810 00 and 0811 10 Strawberries

CN 0810 20 10 and 0811 20 31 Raspberries

CN 0810 90 50 Currants

CN 0811 20 39 Gooseberries

CN 0809 20 Sour cherries

CN 0812 10 00 Sweet cherries

CN 0813 20 00 Prunes

NC Pimientos for paprika

Amendment 106
ARTICLE 42, POINT −1 (new)
Article 5, paragraph 2 (Regulation (EC) No 2826/2000)

(−1) Article 5(2) is replaced by the following:

2. When laying down the guidelines referred to in


paragraph 1, the Commission may consult the Standing
Group on Promotion of Agricultural Products of the
Advisory Committee on Agricultural Product Health and
Safety, and shall also establish close cooperation
22.5.2008 EN Official Journal of the European Union C 125 E/205

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

internally between its relevant services, with the active


involvement of those responsible for public health, with a
view to drawing up the above strategy.

Amendment 107
ARTICLE 42, POINT 1
Article 5, paragraph 3 (Regulation (EC) No 2826/2000)

As regards the promotion of fresh fruits and vegetables, the As regards the promotion of fresh fruits and vegetables, the
main target group shall be children under 18 years. target groups shall be segmented, and the main groups
addressed shall be the low-income social strata, who currently
consume the least, and, in particular, children under 18 years,
with the aim of promoting new food habits.

Amendment 108
ARTICLE 43, POINT 3A (new)
Article 42, paragraph 5a (new) (Regulation (EC) No 1782/2003)

3a. The following paragraph is inserted in Article 42:

5a. Member States may use part of the national


reserve to finance the operational programmes and, if
necessary, the Security Fund referred to respectively in
Articles 9 and 12a of Council Regulation (EC) No XXX/
2007 of XX laying down specific rules as regards the
fruit and vegetable sector and amending certain regula-
tions. This part of the reserve, which shall in no case
exceed the global maximum of 0,5 % of the percentage
referred to in paragraph 1, shall be distributed on the
basis of objective criteria and in such a way as to ensure
equal treatment among farmers and to prevent any distor-
tion of the market or of competition. The Commission
shall lay down the specific conditions of use.

Amendment 109
ARTICLE 43, POINT 5, DA (new)
Article 44, paragraph 2, subparagraph 2 (Regulation (EC) No 1782/2003)

(da) areas given over to the production of mushrooms.

Amendment 110
ARTICLE 43, POINT 5, DB (new)
Article 44, paragraph 2, subparagraph 2 (Regulation (EC) No 1782/2003)

(db) areas planted with nursery crops.


C 125 E/206 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 111
ARTICLE 43, POINT 6
Article 51 (Regulation (EC) No 1782/2003)

Farmers may use the parcels declared in accordance with Arti- Farmers may use the parcels declared in accordance with Arti-
cle 44(3) for any agricultural activity except for permanent cle 44(3) for any agricultural activity except for permanent
crops. However farmers may use the parcels for the following crops and for the products referred to in Article 1(2) of Reg-
permanent crops: ulation (EC) No 2200/96, as amended by Regulation (EC) No
XXX/2007 laying down specific provisions for the fruit and
vegetable sector and amending certain regulations, or for
potatoes other than those used for producing starch. However
farmers may use the parcels for the following permanent crops:

(a) hops, (a) hops,

(b) olive trees, (b) olive trees,

(c) bananas, (c) bananas.

(d) permanent fruit and vegetable crops.

In accordance with Article 60(8), the Commission shall sub-


mit to the European Parliament and the Council a report on
the possible structural and market consequences of the single
payment regime, implemented at regional level and already
permitting the use of land for fruit and vegetables on an
optional basis. This report shall specifically evaluate the
potential impact of permitting the generalised conversion of
plots used for fruit and vegetables into eligible areas under
the single payment regime, especially in regions and areas
that specialise in such production.

Amendment 112
ARTICLE 43, POINT 6A (new)
Article 59, paragraph 4a (new) (Regulation (EC) No 1782/2003)

(6a) In Article 59 the following paragraph is added:

4a. Regarding the fruit and vegetable sector in the


transitional period up to 2010-2011, Member States
shall have the possibility, in consultation with the profes-
sional organisations, of establishing, in addition to imple-
mentation of cross-compliance, a compulsory production
volume for processing in respect of one or more fruit
and vegetable products included in full decoupling
arrangements.

Amendment 113
ARTICLE 43, POINT 8A (new)
Article 71, paragraph 1 (Regulation (EC) No 1782/2003)

(8a) In Article 71, paragraph 1 is replaced by the following:

1. Where specific agricultural conditions so warrant, a


Member State may decide, by 1 August 2004 at the lat-
est, to apply the single payment scheme after a transi-
tional period which shall expire either on 31 December
22.5.2008 EN Official Journal of the European Union C 125 E/207

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

2005 or on 31 December 2006. In the case of Regulation


(EC) No XXX/2007, this transitional period shall end on
31 December 2013 and a Member State may decide, by
1 August 2008 at the latest, to apply the new payments.

Amendment 114
ARTICLE 43, POINT 10A (new)
Title IV, Chapter [X1] (new) (Regulation (EC) No 1782/2003)

(10a) In Title IV, the following chapter is added:

CHAPTER [X1]

AID FOR PROCESSED TOMATOES

Article [x1]

Scope

1. In respect of the 2008, 2009, 2010, 2011, 2012


and 2013 marketing years, up to 50 % of the ‘national
ceilings’ component under Article 41, corresponding to
payments in respect of tomatoes for processing, may be
retained in order to grant area aid to recognised produ-
cers' organisations whose members grow ex NC 0702
industrial tomatoes for processing.

2. In such circumstances the Member State shall decide


by 1 September 2007 at the latest whether to apply the
provisions of this chapter and shall determine the amount
to be retained.

Article [x2]

Amounts

The Member State shall establish a unit amount per hec-


tare of area.

Article [x3]

Conditions of admissibility

1. Aid shall be granted to recognised producers' orga-


nisations under Article x1, which shall transfer it to
farmers belonging to each organisation, on the basis
of the hectares of admissible area growing tomatoes for
processing.

2. In order to benefit from the aid, the area must be


cultivated entirely in accordance with normal agricultural
practice in the region, and crops must be kept in place
until the fruit's ripening stage.
C 125 E/208 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

However, if tomatoes have not reached the ripening stage


owing to exceptional weather conditions recognised as
such by the Member States, the areas given over to toma-
toes shall remain admissible for aid provided the areas
concerned are not used for other purposes until the
ripening stage.

Amendment 132
ARTICLE 43, POINT 10B (new)
Title IV, Chapter 4a (new) (Regulation (EC) No 1782/2003)

(10b) In Title IV (OTHER AID SCHEMES), the following


Chapter 4a is inserted:

CHAPTER 4a

AREA PAYMENTS FOR SOFT FRUIT AND SOUR


CHERRIES FOR PROCESSING

Article 87a

Community aid

1. A Community aid shall be granted to farmers pro-


ducing soft fruit and sour cherries under the conditions
laid down in this Chapter.

Soft fruit shall include:

— strawberries falling within CN codes 0810 00 and


0811 10,

— raspberries falling within CN codes 0810 20 10 and


0811 20 31,

— blackcurrants and gooseberries falling within CN


codes CN 0810 90 50 and 0811 20 39,

— sour cherries falling within CN code 0809 20.

2. Member States may differentiate the aid in function


of the products or by increasing or decreasing the NGAs
established in accordance with Article 87b(3). However,
in each Member State, the total amount of aid granted
in a given year shall not be higher than the ceiling refer-
red to in Article 87b(1).

Article 87b

Areas

1. A Member State shall grant the Community aid


within the limit of a ceiling calculated by multiplying
the number of hectares of its NGA as fixed in para-
graph 3 by the average amount of EUR 230 per hectare.
22.5.2008 EN Official Journal of the European Union C 125 E/209

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

2. A maximum guaranteed area of 130 000 ha is


hereby established.

3. The Commission shall divide the maximum guaran-


teed area into NGAs in accordance with the traditional
production declared in the past.

4. Payments shall be granted on the basis of objective


and non-discriminatory criteria laid down by the Member
States.

5. Member States may subdivide their NGAs into sub-


areas in accordance with objective criteria, in particular at
regional level or in relation to the production.

Article 87c

Overrun of the sub-base areas

When a Member State subdivides its NGA in sub-base


areas and one or more sub-base areas are exceeded, the
area per farmer for which Community aid is claimed
shall be reduced proportionately in that year for the farm-
ers in the sub-base areas where their limits have been
exceeded. This reduction shall be made when, in the Mem-
ber State concerned, the areas in sub-base areas, which
have not reached their limits, have been redistributed to
sub-base areas in which those limits have been exceeded.

Article 87d

Conditions for eligibility

1. Payment of the Community aid shall be conditional


on, in particular, minimum plot size.

2. Member States may make the granting of Commun-


ity aid conditional on farmers being members of a produ-
cer organisation or a producer group granted preliminary
recognition under Articles 4 or 6 of Regulation (EC)
No XXX/07.

3. If the provision of paragraph 2 is applied, Member


States may decide that the payment of the aid referred to
in paragraph 1 is made to a producer organisation or a
producer group granted preliminary recognition on behalf
of its members. The amount of aid received by the produ-
cer organisation or the producer group granted prelimin-
ary recognition shall be paid to its members. However,
Member States may authorise a producer organisation or
a producer group granted preliminary recognition, as
compensation for the services provided to its members, to
operate a deduction on the amount of Community aid up
to a maximum of 2 %.
C 125 E/210 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Article 87e

National aid

1. Member States may grant national aid, in addition


to the Community aid, up to a maximum of EUR 200 per
hectare per year.

2. The national aid may be paid only for areas receiv-


ing Community aid.

Article 87f

Articles 143a and 143c shall not apply to the aid for soft
fruit and sour cherry crops in the Community as at 1 Jan-
uary 2007.

Amendment 118
ARTICLE 43, POINT 10C (new)
Title IV, Chapter 10h (new) (Regulation (EC) No 1782/2003)

(10c) In Title IV, the following Chapter is added:

Chapter 10h

Area payment for garlic

Article 110p

1. An area payment shall be granted to traditional pro-


ducers of garlic, subject to the provisions laid down in
this chapter.

2. Member States shall inform the Commission of the


number of cultivated hectares in the traditional areas,
with a view to establishing a maximum guaranteed area,
to be divided up between the Member States.

3. The Commission shall determine that area, as well


as the implementing rules, on the basis of the procedure
described in Article 46(2) of Regulation (EC)
No 2200/96.

Amendment 117
ARTICLE 43, POINT 10D (new)
Article 143a, subparagraph 1a (new) (Regulation (EC) No 1782/2003)

(10d) In Article 143a, the following subparagraph is added:

The area payments for tomatoes intended for processing


provided for in Chapter 10g and the area payments for
cherries and soft fruit provided for in Chapter 10h shall
be paid in their entirety as from the entry into force of
Regulation (EC) No XXX/2007 under the conditions laid
down in those Chapters.
22.5.2008 EN Official Journal of the European Union C 125 E/211

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 115
ARTICLE 43, POINT 10E (new)
Article 143 bb (new) (Regulation (EC) No 1782/2003)

(10e) The following article is inserted:

Article 143bb

Separate area payment for tomatoes intended for proces-


sing

1. By way of derogation from Article 143b, the new


Member States applying the single area payment scheme
may decide to grant farmers eligible under that scheme a
separate payment for tomatoes intended for processing. It
shall be granted on the basis of objective and non-discri-
minatory criteria such as:

— quantity of tomatoes intended for processing covered


by delivery contracts,

— number of hectares planted with tomatoes intended


for processing and in respect of a period representa-
tive of one or more marketing years as from
2004/2005, to be determined by the Member State.

2. The separate payment for tomatoes intended for


processing shall be allocated from the financial envelope
earmarked for such aid.

3. By way of derogation from paragraph 2, each new


Member State concerned may decide by 31 October 2007
at the latest on the basis of objective criteria to apply a
lower ceiling than that listed in point Ma of Annex VII in
respect of the separate payment for tomatoes intended for
processing.

4. The funds made available for granting the separate


payment for tomatoes intended for processing in accor-
dance with paragraphs 1, 2 and 3 shall not be included
in the annual financial envelope referred to in
Article 143b(3). If paragraph 3 is applied, the differential
between the ceiling listed in point Ma of Annex VII and
that actually applied shall be included in the annual
financial envelope referred to in Article 143b(3).

5. Articles 143a and 143c shall not apply to the sepa-


rate payment for tomatoes intended for processing.
C 125 E/212 Official Journal of the European Union EN 22.5.2008

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Amendment 119
ARTICLE 45

The aid schemes set out in Regulations (EC) No 2201/96 and The aid scheme set out in Regulation (EC) No 2201/96 and
(EC) No 2202/96 and abolished by this Regulation shall remain abolished by this Regulation shall remain applicable in respect
applicable in respect of each of the products concerned for the of each of the products concerned for the marketing year for
marketing year for that product which ends during 2008. that product which ends during 2008. The aid scheme set out
in Regulation (EC) No 2202/96 shall remain in force for the
marketing years 2008/2009 and 2009/2010.

Amendment 120
ANNEX I, PARAGRAPH 4A (new)

4a. Rules on crisis prevention and management.

Amendment 121
ANNEX II, POINT 3A (new)
Annex VI (Regulation (EC) No 1782/2003)

3a. In Annex VI, the following heading is added:

(Sector): Fruit and vegetables for processing

(Legal basis) Relevant articles of Regulations (EC)


Nos 2201/96 and 2202/96
(Remarks) Aid per hectare

Amendment 122
ANNEX II, POINT 4A (NEW)
Annex VII, point M a (new) (Regulation (EC) No 1782/2003)

4a. In Annex VII, the following point is added:

Ma. Separate area payment for tomatoes intended for


processing

1. Member States which joined the Community in


2004 or later shall determine the amount to be included
in the reference amount of each farmer on the basis of
objective and non-discriminatory criteria such as:

— the amount of market support received, directly or


indirectly, by the farmer in respect of tomatoes
intended for processing,

— the area used to produce tomatoes intended for


processing,

— the amount of tomatoes intended for processing


produced,

in respect of a representative period of one or more mar-


keting years starting from the marketing year ending in
2004 up to the marketing year ending in 2007.
22.5.2008 EN Official Journal of the European Union C 125 E/213

Thursday 7 June 2007

TEXT PROPOSED AMENDMENTS


BY THE COMMISSION BY PARLIAMENT

Member States shall calculate the applicable hectares


referred to in Article 43(2) of this regulation on the
basis of objective and non-discriminatory criteria such
as the areas referred to in the second indent of the first
paragraph.

2. If the amounts established in accordance with the


first paragraph exceed the ceilings set out below,
expressed in thousand euro, for a given Member
State, the amount for each farmer shall be reduced pro-
portionately.

(1 000 EUR)
Bulgaria 5 394
Czech Republic 414
Cyprus 274
Malta 932
Hungary 4 512
Romania 1 738
Poland 6 715
Slovakia 1 018

Amendment 123
ANNEX II, POINT 5
Annex VIII, row corresponding to ‘Spain’ (Regulation (EC) No 1782/2003)

2008 4 830 954 2008 4 868 312


2009 4 838 536 2009 4 875 894
2010 and subsequent years 4 840 413 2010 and subsequent years 4 877 771

P6_TA(2007)0233

Regional Strategy Papers and Regional Indicative Programmes for Mercosur and
Latin America

European Parliament resolution of 7 June 2007 on the draft Commission decision establishing
Regional Strategy Papers and Regional Indicative Programmes for Mercosur and Latin America

The European Parliament,

— having regard to Regulation (EC) No 1905/2006 of the European Parliament and of the Council of
18 December 2006 establishing a financing instrument for development cooperation (1),

(1) OJ L 378, 27.12.2006, p. 41.