REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products, (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union and (EU) No 229/2013 laying down specific measures for agriculture in favour of the smaller Aegean islands

Text proposed by the Commission

Amendment

(-1)  The following recital is inserted:

“(25a)  The aid under the school scheme allocated for the distribution of product should, when possible, promote short supply chain products.”

Text proposed by the Commission

Amendment

(-1a)  The following recital is inserted:

“(127a)  Written contracts in the milk and milk products sector which may be compulsory in some Member States or which producers, producer organisations or association of producer organisations have in any case the right to request, should among other elements set out the price payable for the delivery, which would ideally cover the production cost and which may be calculated based upon easily accessible and comprehensible indicators of production and market costs that Member States may determine in accordance with objective criteria and based on studies about production and the food chain.”

Text proposed by the Commission

Amendment

(-1b)  The following recital is inserted:

“(139a)  Written contracts which may be compulsory in some Member States or which producers, producer organisations or association of producer organisations have in any case the right to request, should among other elements set out the price payable for the delivery, which would ideally cover the production cost and which may be calculated based upon easily accessible and comprehensible indicators of production and market costs that Member States may determine in accordance with objective criteria and based on studies about production and the food chain.”

Present text

Amendment

(-1c)  Article 1 is replaced by the following:

Article 1

"Article 1

Scope

Scope

1.  This Regulation establishes a common organisation of the markets for agricultural products, which means all the products listed in Annex I to the Treaties with the exception of the fishery and aquaculture products as defined in Union legislative acts on the common organisation of the markets in fishery and aquaculture products.

1.  This Regulation establishes a common organisation of the markets for agricultural products, which means all the products listed in Annex I to the Treaties with the exception of the fishery and aquaculture products as defined in Union legislative acts on the common organisation of the markets in fishery and aquaculture products. This Regulation defines the public standards, market transparency rules and crisis management tools that will allow public authorities, in particular the Commission, to ensure the surveillance, management and regulation of agricultural markets

2.  Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in the respective parts of Annex I:

2.  Agricultural products as defined in paragraph 1 shall be divided into the following sectors as listed in the respective parts of Annex I:

(a) cereals, Part I;

(a) cereals, Part I;

(b) rice, Part II;

(b) rice, Part II;

(c) sugar, Part III;

(c) sugar, sugar beet and sugar cane, Part III;

(d) dried fodder, Part IV;

(d) dried fodder, Part IV;

(e) seeds, Part V;

(e) seeds, Part V;

(f) hops, Part VI;

(f) hops, Part VI;

(g) olive oil and table olives, Part VII;

(g) olive oil and table olives, Part VII;

(h) flax and hemp, Part VIII;

(h) flax and hemp, Part VIII;

(i) fruit and vegetables, Part IX;

(i) fruit and vegetables, Part IX;

(j) processed fruit and vegetable products, Part X;

(j) processed fruit and vegetable products, Part X;

(k) bananas, Part XI;

(k) bananas, Part XI;

(l) wine, Part XII;

(l) wine, Part XII;

(m) live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII;

(m) live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage, Part XIII;

(n) tobacco, Part XIV;

(n) tobacco, Part XIV;

(o) beef and veal, Part XV;

(o) beef and veal, Part XV;

(p) milk and milk products, Part XVI;

(p) milk and milk products, Part XVI;

(q) pigmeat, Part XVII;

(q) pigmeat, Part XVII;

(r) sheepmeat and goatmeat, Part XVIII;

(r) sheepmeat and goatmeat, Part XVIII;

(s) eggs, Part XIX;

(s) eggs, Part XIX;

(t) poultrymeat, Part XX;

(t) poultrymeat, Part XX;

(u) ethyl alcohol of agricultural origin, Part XXI;

(u) ethyl alcohol of agricultural origin, Part XXI;

(v) apiculture products, Part XXII;

(v) apiculture products, Part XXII;

(w) silkworms, Part XXIII;

(w) silkworms, Part XXIII;

(x) other products, Part XXIV.

(x) other products, Part XXIV. "

Text proposed by the Commission

Amendment

(-1d)   The following Article is inserted:

“Article 1a

Specific objectives

Without prejudice to the application of the general and specific objectives defined in Articles 5 and 6 of Regulation (EU) …/… [CAP Strategic Plans], and pursuant to Article 39 TFEU, the common organisation of the markets in agricultural products referred to in Article 1 shall contribute to the achievement of the following specific objectives:

(a) participate in the stabilisation of agricultural markets and enhance their transparency;

(b) promote the proper functioning of the agri-food supply chain and ensure a fair income for agricultural producers;

(c) improve the position of producers in the value chain and promote the concentration of agricultural supply;

(d) contribute to the improvement of economic conditions for the production and marketing of agricultural products and strengthen the quality of European agricultural production.”

Present text

Amendment

(-1e)  Article 2 is replaced by the following:

Article 2

“Article 2

General common agricultural policy (CAP) provisions

General common agricultural policy (CAP) provisions

Regulation (EU) No 1306/2013 and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.

Regulation (EU) […/…] [Horizontal Regulation] and the provisions adopted pursuant to it shall apply in relation to the measures set out in this Regulation.”

Text proposed by the Commission

Amendment

The Commission shall be empowered to adopt delegated acts in accordance with Article 227 amending the definitions concerning the sectors set out in Annex II to the extent necessary to update the definitions in light of market developments.

The Commission shall be empowered to adopt delegated acts in accordance with Article 227 amending, in order to update, in the light of market developments, the definitions concerning the sectors set out in Annex II, without creating new definitions.

Text proposed by the Commission

Amendment

(3)  Article 6 is deleted;

deleted

Present text

Amendment

(3a)  Article 6 is replaced by the following:

Article 6

"Article 6

Marketing years

Marketing years

The following marketing years shall be established:

The following marketing years shall be established:

(a) 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;

(a) 1 January to 31 December of a given year for the fruit and vegetables, processed fruit and vegetables and banana sectors;

(b) 1 April to 31 March of the following year for the dried fodder and silkworm sectors;

(b) 1 April to 31 March of the following year for the dried fodder and silkworm sectors;

(c) 1 July to 30 June of the following year for:

(c) 1 July to 30 June of the following year for:

(i) the cereals sector;

(i) the cereals sector;

(ii) the seeds sector;

(ii) the seeds sector;

(iii) the olive oil and table olives sector;

(iii) the flax and hemp sector;

(iv) the flax and hemp sector;

(iv) the milk and milk products sector;

(v) the milk and milk products sector;

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

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

(e) 1 September to 31 August of the following year for the rice sector;

(e) 1 September to 31 August of the following year for the rice and table olives sectors;

(f) 1 October to 30 September of the following year for the sugar sector.

(f) 1 October to 30 September of the following year for the sugar and olive oil sectors. "

Present text

Amendment

(3b)  Article 11 is replaced by the following:

Article 11

"Article 11

Products eligible for public intervention

Products eligible for public intervention

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions that may be determined by the Commission, by means of delegated acts pursuant to Article 19 and implementing acts pursuant to Article 20:

Public intervention shall apply in respect of the following products in accordance with the conditions laid down in this Section and any additional requirements and conditions that may be determined by the Commission, by means of delegated acts pursuant to Article 19 and implementing acts pursuant to Article 20:

(a) common wheat, durum wheat, barley and maize;

(a) common wheat, durum wheat, barley and maize;

(b) paddy rice;

(b) paddy rice;

(c) fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50 ;

(c) fresh or chilled meat of the beef and veal sector falling within CN codes 0201 10 00 and 0201 20 20 to 0201 20 50 ;

(d) butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %;

(d) butter produced directly and exclusively from pasteurised cream obtained directly and exclusively from cow's milk in an approved undertaking in the Union of a minimum butterfat content, by weight, of 82 % and of a maximum water content, by weight, of 16 %;

(e) skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein content of 34,0 % by weight of the fat free dry matter.

(e) skimmed milk powder of top quality made from cow's milk in an approved undertaking in the Union by the spray process, with a minimum protein content of 34,0 % by weight of the fat free dry matter;

(ea) white sugar;

(eb) sheep meat falling within CN code 0104 10 30 or 0204;

(ec) pig meat, fresh, chilled or frozen, falling within CN code 0203;

(ed) chicken, fresh, chilled or frozen, falling within CN code 0207. "

Present text

Amendment

(3c)  Article 12 is replaced by the following:

Article 12

"Article 12

Public intervention periods

Public intervention periods

Public intervention shall be available for:

Public intervention shall be available throughout the year for products listed in Article 11. "

(a) common wheat, durum wheat, barley and maize, from 1 November to 31 May;

(b) paddy rice, from 1 April to 31 July;

(c) beef and veal, throughout the year;

(d) butter and skimmed milk powder, from 1 March to 30 September.

Present text

Amendment

(3d)  Article 13 is replaced by the following:

Article 13

"Article 13

Opening and closing of public intervention

Opening and closing of public intervention

1.  During the periods referred to in Article 12, public intervention:

1.  During the periods referred to in Article 12, public intervention:

(a) shall be open for common wheat, butter and skimmed milk powder;

(a) shall be open for butter and skimmed milk powder;

(b) may be opened by the Commission, by means of implementing acts, for durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2);

(b) may be opened by the Commission, by means of implementing acts, for common wheat, durum wheat, barley, maize and paddy rice (including specific varieties or types of paddy rice), white sugar, sheep meat, pig meat or chicken if the market situation so requires. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2);

(c) may be opened for the beef and veal sector by the Commission, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), if, over a representative period determined pursuant to point (c) of the first paragraph of Article 20 the average market price in a Member State or in a region of a Member State, recorded on the basis of the Union scale for the classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85 % of the reference threshold laid down in point (d) of Article 7(1).

(c) may be opened for the beef and veal sector by the Commission, by means of implementing acts adopted without applying the procedure referred to in Article 229(2) or (3), if, over a representative period determined pursuant to point (c) of the first paragraph of Article 20 the average market price in a Member State or in a region of a Member State, recorded on the basis of the Union scale for the classification of carcasses of bovine animals referred to in point A of Annex IV, is below 85 % of the reference threshold laid down in point (d) of Article 7(1).

2.  The Commission may adopt implementing acts closing public intervention for the beef and veal sector where, over a representative period determined pursuant to point (c) of the first paragraph of Article 20, the conditions provided for in point (c) of paragraph 1 of this Article are no longer fulfilled. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).

2.  The Commission may adopt implementing acts closing public intervention for the beef and veal sector where, over a representative period determined pursuant to point (c) of the first paragraph of Article 20, the conditions provided for in point (c) of paragraph 1 of this Article are no longer fulfilled. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3). "

Present text

Amendment

(3e)  Article 14 is replaced by the following:

Article 14

Article 14

Buying-in at a fixed price or tendering

Buying-in at a fixed price or tendering

Where public intervention is open pursuant to Article 13(1), measures on fixing buying-in prices for the products referred to in Article 11 as well as, where applicable, measures on quantitative limitations where buying-in is carried out at a fixed price, shall be taken by the Council in accordance with Article 43(3) TFEU.

‘Where public intervention is open pursuant to Article 13(1), arrangements for fixing buying-in prices for the products referred to in Article 11 shall be taken by the Council in accordance with Article 43(3) TFEU. ’

Present text

Amendment

(3f)  In Article 15, paragraph 1 is replaced by the following:

1.  Public intervention price means:

‘1.  Public intervention price means the maximum price at which products eligible for public intervention may be bought in where this is done by tendering. ’

(a) the price at which products shall be bought in under public intervention where this is done at a fixed price; or

(b) the maximum price at which products eligible for public intervention may be bought in where this is done by tendering.

Present text

Amendment

(3g)  In Article 15, paragraph 2 is replaced by the following:

2.  The measures on fixing the level of the public intervention price, including the amounts of increases and reductions, shall be taken by the Council in accordance with Article 43(3) TFEU.

‘2.  The arrangements for fixing the level of the public intervention price, including the amounts of increases and reductions, shall be taken by the Council in accordance with Article 43(3) TFEU. ’

Text proposed by the Commission

Amendment

(3h)  In Article 16, the following paragraph is added:

“3a.  Member States shall notify the Commission of information on the identity of companies that have used public intervention as well as buyers of public intervention stock so as to be in a position to respond to paragraphs 1 and 3.”

Present text

Amendment

(3i)  In the first paragraph of Article 17, point (b) is amended as follows:

(b) olive oil;

"(b) olive oil and table olives; "

Text proposed by the Commission

Amendment

(3j)  In the first paragraph of Article 17, the following point is added:

"(ia) rice. "

Text proposed by the Commission

Amendment

(ii)  in the third subparagraph of paragraph 2, the last sentence is deleted;

deleted

Text proposed by the Commission

Amendment

(iii)  paragraph 4 is replaced by the following:

(iii)  in paragraph 4, the first subparagraph is replaced by the following:

Present text

Amendment

(4a)  Article 61 is replaced by the following:

Article 61

"Article 61

Duration

Duration

The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December 2030, with a mid-term review to be undertaken by the Commission to evaluate the operation of the scheme and, if appropriate, make proposals.

The scheme of authorisations for vine plantings established in this Chapter shall apply from 1 January 2016 to 31 December 2050, with a review to be undertaken by the Commission every ten years and for the first time on 1 January 2023 to evaluate the operation of the scheme and, if appropriate, make proposals to improve its effectiveness. "

Present text

Amendment

(4b)  Article 62, paragraph 4 is replaced by the following:

4.  This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes or for graft nurseries, to areas whose wine or vine products are intended solely for the consumption by the wine-grower's household or to areas to be newly planted as a result of compulsory purchases in the public interest under national law.

"4.  This Chapter shall not apply to the planting or replanting of areas intended for experimental purposes or for graft nurseries, to the planting or replanting of areas whose vine products are intended solely for the production of grape juice, to areas whose wine or vine products are intended solely for the consumption by the wine-grower's household or to areas to be newly planted as a result of compulsory purchases in the public interest under national law. "

Text proposed by the Commission

Amendment

(5)  in Article 63, paragraph 1 is replaced by the following:

deleted

‘1.  Member States shall make available each year authorisations for new plantings corresponding to either:

(a)  1% of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or

(b)  1% of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 and available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation.; ’

Present text

Amendment

(5a)  Article 63 is replaced by the following:

Article 63

"Article 63

Safeguard mechanism for new plantings

Safeguard mechanism for new plantings

1.  Member States shall make available each year authorisations for new plantings corresponding to 1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year.

1.  Member States shall make available each year authorisations for new plantings corresponding to either:

(a) 1 % of the total area actually planted with vines in their territory, as measured on 31 July of the previous year; or

(b) 1 % of an area comprising the area actually planted with vines in their territory, as measured on 31 July 2015, and the area covered by planting rights granted to producers in their territory in accordance with Article 85h, Article 85i or Article 85k of Regulation (EC) No 1234/2007 and available for conversion into authorisations on 1 January 2016, as referred to in Article 68 of this Regulation.

2.  Member States may:

2.  Member States may:

(a) apply at national level a lower percentage than the percentage set out in paragraph 1;

(a) apply at national level a lower percentage than the percentage set out in paragraph 1,

(b) limit the issuing of authorisations at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication.

(b) limit the issuing of authorisations at regional level, for specific areas eligible for the production of wines with a protected designation of origin, for areas eligible for the production of wines with a protected geographical indication, or for areas without a geographical indication; those authorisations should be used in those regions.

3.  Any of the limitations referred to in paragraph 2 shall contribute to an orderly growth of vine plantings, shall be set above 0 %, and shall be justified on one or more of the following specific grounds:

3.  Any of the limitations referred to in paragraph 2 shall contribute to an orderly growth of vine plantings, shall be set above 0 %, and shall be justified on one or more of the following specific grounds:

(a) the need to avoid a well-demonstrated risk of oversupply of wine products in relation to market prospects for those products, not exceeding what is necessary to satisfy this need;

(a) the need to avoid a well-demonstrated risk of oversupply of wine products in relation to market prospects for those products, not exceeding what is necessary to satisfy this need;

(b) the need to avoid a well-demonstrated risk of significant devaluation of a particular protected designation of origin or a protected geographical indication.

(b) the need to avoid a well-demonstrated risk of devaluation of a particular protected designation of origin or a protected geographical indication;

(ba) the wish to contribute to the development of the products in question while preserving their quality.

3a.  Member States may take any necessary regulatory measures to prevent circumvention by the operators of the restrictive measures taken pursuant to paragraphs 2 and 3.

4.  Member States shall make public any decisions adopted pursuant to paragraph 2, which shall be duly justified. Member States shall notify the Commission forthwith of those decisions and justifications.

4.  Member States shall make public any decisions adopted pursuant to paragraph 2, which shall be duly justified. Member States shall notify the Commission forthwith of those decisions and justifications.

4a.  Authorisations exceeding the limits provided for in this Article may be issued by Member States for plantings intended for conservation of vine genetic resources. "

Present text

Amendment

(5b)  Article 64 is replaced by the following:

Article 64

" Article 64

Granting of authorisations for new plantings

Granting of authorisations for new plantings

1.  If the total area covered by the eligible applications in a given year does not exceed the area made available by the Member State, all such applications shall be accepted.

1.  If the total area covered by the eligible applications in a given year does not exceed the area made available by the Member State, all such applications shall be accepted.

Member States may, for the purpose of this Article, apply one or more of the following objective and non-discriminatory eligibility criteria:

Member States may, for the purpose of this Article, apply at national or regional level one or more of the following objective and non-discriminatory eligibility criteria:

(a) the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation;

(a) the applicant shall have an agricultural area which is not smaller than the area for which he requests the authorisation;

(b) the applicant shall possess adequate occupational skills and competence;

(b) the applicant shall possess adequate occupational skills and competence;

(c) the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities;

(c) the application shall not pose a significant risk of misappropriation of the reputation of specific protected designations of origin, which shall be presumed unless the existence of such risk is demonstrated by the public authorities;

(ca) the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007;

(ca) the applicant does not have vines planted without authorisation as referred to in Article 71 of this Regulation or without a planting right as referred to in Articles 85a and 85b of Regulation (EC) No 1234/2007;

(d) where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner.

(d) where duly justified, one or more of the criteria referred to in paragraph 2, provided that they are applied in an objective and non-discriminatory manner.

2.  If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a minimum and/or a maximum area by applicant and also be partially or completely made in accordance with one or more of the following objective and non-discriminatory priority criteria:

2.  If the total area covered by the eligible applications referred to in paragraph 1 in a given year exceeds the area made available by the Member State, authorisations shall be granted according to a pro-rata distribution of hectares to all applicants on the basis of the area for which they have requested the authorisation. Such granting may establish a minimum and/or a maximum area by applicant and also be partially or completely made in accordance with one or more of the following objective and non-discriminatory priority criteria:

(a) producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants);

(a) producers who are setting up vine plantings for the first time, and who are established as the head of the holding (new entrants);

(b) areas where vineyards contribute to the preservation of the environment;

(b) areas where vineyards contribute to the preservation of the environment or the conservation of vine genetic resources;

(c) areas to be newly planted in the framework of land consolidation projects;

(c) areas to be newly planted in the framework of land consolidation projects;

(d) areas facing natural or other specific constraints;

(d) areas facing natural or other specific constraints;

(e) the sustainability of projects of development or replantations on the basis of an economic evaluation;

(e) the sustainability of projects of development or replantations on the basis of an economic evaluation;

(f) areas to be newly planted which contribute to increasing the competitiveness at farm holding and regional level;

(f) areas to be newly planted which contribute to increasing the competitiveness of the holding, at regional, national and international level;

(g) projects with the potential to improve the quality of products with geographical indications;

(g) projects with the potential to improve the quality of products with geographical indications;

(h) areas to be newly planted in the framework of increasing the size of small and medium-sized holdings.

(h) areas to be newly planted in the framework of increasing the size of small and medium-sized holdings.

2a.  If the Member State decides to apply one or more of the criteria referred to in paragraph 2, the Member State may add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application.

2a.  If the Member State decides to apply one or more of the criteria referred to in paragraph 2, the Member State may add the additional condition that the applicant shall be a natural person who is no more than 40 years of age in the year of submission of the application.

2b.  Member States may take any necessary regulatory measures to prevent the circumvention by the operators of the restrictive criteria that they apply pursuant to paragraphs 1, 2 and 2a.

3.  Member States shall make public the criteria referred to in paragraphs 1, 2 and 2a that they apply and shall notify them forthwith to the Commission.

3.  Member States shall make public the criteria referred to in paragraphs 1, 2 and 2a that they apply and shall notify them forthwith to the Commission.

3a.  Should there be a limitation in accordance with point (b) of Article 63(2) on a regional level, priority and eligibility criteria may be applied on that level that are deemed to be in line with Article 64. "

Text proposed by the Commission

Amendment

(5 c)  In Article 65, the following paragraph is inserted after the first paragraph:

When applying Article 63(2), a Member State shall establish a preliminary procedure that enables it to consider the opinions of representative trade organisations recognised at regional level in accordance with the legislation of that Member State.

Text proposed by the Commission

Amendment

(5d)  In Article 69, the following point is added:

(ea) criteria relating to the conservation of vine genetic resources.

Present text

Amendment

(5e)  Article 73 is replaced by the following:

Article 73

“Article 73

Scope

Scope

Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning marketing standards.

Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, and to ensure fair competition between Union producers and producers in third countries, this Section lays down the rules concerning marketing standards.

Present text

Amendment

(5f)  Article 75 is replaced by the following:

Article 75

"Article 75

Establishment and content

Establishment and content

1.  Marketing standards may apply to one or more of the following sectors and products:

1.  Marketing standards may apply to one or more of the following sectors and products:

(a) olive oil and table olives;

(a) olive oil and table olives;

(b) fruit and vegetables;

(b) fruit and vegetables;

(c) processed fruit and vegetable products;

(c) processed fruit and vegetable products;

(d) bananas;

(d) bananas;

(e) live plants;

(e) live plants;

(f) eggs;

(f) eggs;

(g) poultrymeat;

(g) poultrymeat;

(h) spreadable fats intended for human consumption;

(h) spreadable fats intended for human consumption;

(i) hops.

(i) hops;

(ia) rice;

(ib) milk and milk products;

(ic) honey and beehive products;

(id) beef and veal;

(ie) sheepmeat;

(if) pigmeat.

2.  In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation.

2.  In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation.

3.  Without prejudice to Article 26 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council ( ¹⁰ ), the marketing standards referred to in paragraph 1 may cover one or more of the following, to be determined on a sectoral or product basis and based on the characteristics of each sector, the need to regulate the placing on the market and the conditions defined in paragraph 5 of this Article:

3.  Without prejudice to Article 26 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council ( ¹⁰ ), the marketing standards referred to in paragraph 1 may cover one or more of the following, to be determined on a sectoral or product basis and based on the characteristics of each sector, the need to regulate the placing on the market and the conditions defined in paragraph 5 of this Article:

(a) the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

(a) the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78;

(b) classification criteria such as grading into classes, weight, sizing, age and category;

(b) classification criteria such as grading into classes, weight, sizing, age and category;

(c) the species, plant variety or animal race or the commercial type;

(c) the species, plant variety or animal race or the commercial type;

(d) the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

(d) the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123;

(e) criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

(e) criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content;

(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

(f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

(g) the type of farming and production method including oenological practices and advanced systems of sustainable production;

(g) the type of farming and production method including oenological practices, animal feeding practices and advanced systems of sustainable production;

(h) coupage of must and wine including definitions thereof, blending and restrictions thereof;

(h) coupage of must and wine including definitions thereof, blending and restrictions thereof;

(i) the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

(i) the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport;

(j) the place of farming and/or origin, excluding poultrymeat and spreadable fats;

(j) the place of farming and/or origin,

(k) restrictions as regards the use of certain substances and practices;

(k) restrictions as regards the use of certain substances and practices;

(l) specific use;

(l) specific use;

(m) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products.

(m) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by-products.

(ma) animal welfare.

4.  In addition to paragraph 1, marketing standards may apply to the wine sector. Points (f), (g), (h), (k) and (m) of paragraph 3 shall apply to that sector.

4.  In addition to paragraph 1, marketing standards may apply to the wine sector. Points (f), (g), (h), (k) and (m) of paragraph 3 shall apply to that sector.

5.  The marketing standards by sectors or products adopted pursuant to paragraph 1 of this Article shall be established without prejudice to Articles 84 to 88 and Annex IX and shall take into account:

5.  The marketing standards by sectors or products adopted pursuant to paragraph 1 of this Article shall be established without prejudice to Articles 84 to 88 and Annex IX and shall take into account:

(a) the specific characteristics of the product concerned;

(a) the specific characteristics of the product concerned;

(b) the need to ensure the conditions to facilitate the placing of the products on the market;

(b) the need to ensure the conditions to facilitate the placing of the products on the market;

(c) the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer;

(c) the interest of producers to communicate the product and farming characteristics, and the interest of consumers to receive adequate and transparent product information, including the place of farming to be determined on a case-by-case basis at the appropriate geographical level, after conducting an evaluation, in particular, of the costs and administrative burdens for operators and the benefits offered to producers and the end consumer;

(d) the methods available for determining physical, chemical and organoleptic characteristics of the products;

(d) the methods available for determining physical, chemical and organoleptic characteristics of the products;

(e) the standard recommendations adopted by international bodies;

(e) the standard recommendations adopted by international bodies;

(f) the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned.

(f) the need to preserve the natural and essential characteristics of products and to avoid causing a substantial change in the composition of the product concerned.

6.  In order to take into account the expectations of consumers and the need to improve the quality and the economic conditions for the production and marketing of agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to modify the list of sectors in paragraph 1. Such delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation, and shall be subject to a Commission report to the European Parliament and to the Council evaluating, in particular, the needs of the consumer, the costs and administrative burdens for operators, including the impact on the internal market and on international trade, and the benefits offered to producers and to the end consumer.

6.  In order to take into account the expectations of consumers and the need to improve the quality and the economic conditions for the production and marketing of agricultural products, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to modify the list of sectors in paragraph 1. Such delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation, and shall be subject to a Commission report to the European Parliament and to the Council evaluating, in particular, the needs of the consumer, the costs and administrative burdens for operators, including the impact on the internal market and on international trade, and the benefits offered to producers and to the end consumer.

_________________

_________________

¹⁰ Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

¹⁰ Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18). "

Present text

Amendment

(5g)  Article 78 is replaced by the following:

Article 78

"Article 78

Definitions, designations and sales descriptions for certain sectors and products

Definitions, designations and sales descriptions for certain sectors and products

1.  In addition, where relevant, to the applicable marketing standards, the definitions, designations and sales descriptions provided for in Annex VII shall apply to the following sectors or products:

1.  In addition, where relevant, to the applicable marketing standards, the definitions, designations and sales descriptions provided for in Annex VII shall apply to the following sectors or products:

(a) beef and veal;

(a) beef and veal;

(aa) sheep and lamb

(b) wine;

(b) wine;

(c) milk and milk products intended for human consumption;

(c) milk and milk products intended for human consumption;

(d) poultrymeat;

(d) poultrymeat;

(e) eggs;

(e) eggs;

(f) spreadable fats intended for human consumption; and

(f) spreadable fats intended for human consumption; and

(g) olive oil and table olives.

(g) olive oil and table olives.

2.  The definitions, designations or sales descriptions provided for in Annex VII may be used in the Union only for the marketing of a product which conforms to the corresponding requirements laid down in that Annex.

2.  The definitions, designations or sales descriptions provided for in Annex VII may be used in the Union only for the marketing and promotion of a product which conforms to the corresponding requirements laid down in that Annex. Annex VII may prescribe the conditions under which such designations or sales descriptions are protected, at the time that they are marketed or promoted, against unlawful commercial use, misuse, imitation or evocation.

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VII. Those delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation.

3.  The Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the modifications, derogations or exemptions to the definitions and sales descriptions provided for in Annex VII. Those delegated acts shall be strictly limited to demonstrated needs resulting from evolving consumer demand, technical progress or the need for product innovation.

4.  In order to ensure that operators and Member States have a clear and proper understanding of the definitions and sales descriptions provided for in Annex VII, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the rules on their specification and application.

4.  In order to ensure that operators and Member States have a clear and proper understanding of the definitions and sales descriptions provided for in Annex VII, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning the rules on their specification and application.

5.  In order to take into account the expectations of consumers and the evolution of the milk products market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to specify the milk products in respect of which the animal species from which the milk originates is to be stated, if it is not bovine, and to lay down the necessary rules.

5.  In order to take into account the expectations of consumers and the evolution of the milk products market, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 to specify the milk products in respect of which the animal species from which the milk originates is to be stated, if it is not bovine, and to lay down the necessary rules. "

Text proposed by the Commission

Amendment

(5h)  The following Article is inserted:

Article 79a

Mixing olive oil with other vegetable oils

1.  The mixing of olive oil with other vegetable oils shall be prohibited.

2.  The Commission is empowered to adopt delegated acts in accordance with Article 227 in order to supplement this Regulation by establishing sanctions for operators who do not comply with paragraph 1 of this Article.

Text proposed by the Commission

Amendment

(5i)  The following Article is inserted:

Article 79b

Marketing rules concerning the olives and olive oil sectors

In order to take account of the specific characteristics of the olives and olive oil sectors, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to supplement this Regulation by harmonising marketing rules for table olives and olive oil.

Text proposed by the Commission

Amendment

(6)  in Article 81, paragraph 2 is replaced by the following:

deleted

‘2.  Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted in their territories for the purpose of wine production.

Member States may classify wine grape varieties where:

(a)  the variety concerned belongs to the species Vitis vinifera or Vitis Labrusca; or

(b)  the variety concerned comes from a cross between the species Vitis vinifera, Vitis Labrusca and other species of the genus Vitis.

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.; ’

Present text

Amendment

(6a)  In Article 81, paragraph 2 is replaced by the following:

2.  Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted on their territories for the purpose of wine production.

"2.  Subject to paragraph 3, Member States shall classify which wine grape varieties may be planted, replanted or grafted in their territories for the purpose of wine making.

Only wine grape varieties meeting the following conditions may be classified by Member States:

Member States may classify wine grape varieties where:

(a) the variety concerned belongs to the species Vitis vinifera or comes from a cross between the species Vitis vinifera and other species of the genus Vitis;

(a) the variety concerned belongs to the species Vitis vinifera or the variety concerned comes from a cross between the species Vitis vinifera, and other species of the genus Vitis.

(b) the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.

(b) the variety is not one of the following: Noah, Othello, Isabelle, Jacquez, Clinton and Herbemont.

By way of derogation from the second subparagraph, Member States may authorise the replanting of Vitis Labrusca or the varieties from point (b) thereof in existing historical vineyards as long as the existing planted surface is not increased.

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion.

Where a wine grape variety is deleted from the classification referred to in the first subparagraph, grubbing up of this variety shall take place within 15 years of its deletion. "

Text proposed by the Commission

Amendment

(a)  the establishment of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States;

(a)  the establishment or maintenance of an analytical databank of isotopic data to help detect fraud to be constructed on the basis of samples collected by Member States;

Present text

Amendment

(8a)  In Article 92, paragraph 1 is amended as follows:

1.  Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VII.

1.  Rules on designations of origin, geographical indications and traditional terms laid down in this Section shall apply only to the products referred to in points 1, 3 to 6, 8, 9, 11, 15 and 16 of Part II of Annex VII.

Text proposed by the Commission

Amendment

(a)  'a designation of origin' means a name which identifies a product, referred to in Article 92(1):

(a)  'a designation of origin' means the name of a region, a specific place or, in exceptional and duly justifiable cases, a country used to describe a product, referred to in Article 92(1):

Text proposed by the Commission

Amendment

(i)  whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its inherent natural factors and, where relevant, human factors;

(i)  whose quality or characteristics are essentially or exclusively due to a particular geographical environment, with its natural factors and human factors;

Text proposed by the Commission

Amendment

(ii)  as originating in a specific place, region or, in exceptional cases, a country;

deleted

Text proposed by the Commission

Amendment

(va)  which is not ‘partially de-alcoholised’ or ‘de-alcoholised’ as referred to in points 18 and 19 of Part II of Annex VII.

Text proposed by the Commission

Amendment

(10)  in Article 94(1), the introductory sentence is replaced by the following:

deleted

‘Applications for protection of names as designations of origin or geographical indications shall include:’

Present text

Amendment

(10a)  Article 94 is replaced by the following:

Article 94

Article 94

Applications for protection

Applications for protection

1.  Applications for protection of names as designations of origin or geographical indications shall include a technical file containing:

"1.  Applications for protection of names as designations of origin or geographical indications shall include:

(a) the name to be protected;

(a) the name to be protected;

(b) the name and address of the applicant;

(b) the name and address of the applicant;

(c) a product specification, as referred to in paragraph 2; and

(c) a product specification, as referred to in paragraph 2; and

(d) a single document summarising the product specification referred to in paragraph 2.

(d) a single document summarising the product specification referred to in paragraph 2.

2.  The product specification shall enable interested parties to verify the relevant conditions of production relating to the designation of origin or geographical indication.The product specification shall at least consist of:

2.  The product specification shall enable interested parties to verify the relevant conditions of production relating to the designation of origin or geographical indication.The product specification shall at least consist of:

(a) the name to be protected;

(a) the name to be protected;

(b) a description of the wine or wines:

(b) a description of the wine or wines:

(i) in respect of a designation of origin, the principal analytical and organoleptic characteristics;

(i) in respect of a designation of origin, the principal analytical and organoleptic characteristics;

(ii) in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;

(ii) in respect of a geographical indication, the principal analytical characteristics as well as an evaluation or indication of its organoleptic characteristics;

(c) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

(c) where applicable, the specific oenological practices used to make the wine or wines, as well as the relevant restrictions on making them;

(d) the demarcation of the geographical area concerned;

(d) the demarcation of the geographical area concerned;

(e) the maximum yields per hectare;

(e) the maximum yields per hectare;

(f) an indication of the wine grape variety or varieties that the wine or wines are obtained from;

(f) an indication of the wine grape variety or varieties that the wine or wines are obtained from;

(g) the details bearing out the link referred to in point (a)(i) or, as the case may be, in point (b)(i) of Article 93(1);

(g) the details bearing out the link referred to in point (a)(i) or, as the case may be, in point (b)(i) of Article 93(1):

(i) as regards a protected designation of origin, the link between the quality or characteristics of the product and the geographical environment referred to in point (a)(i) of Article 93(1) the details concerning the human factors of that geographical environment may, where relevant, be limited to a description of the soil and landscape management, cultivation practices or other relevant human contribution to the maintenance of the natural factors of the geographical environment referred to in Article 93(1);

(ii) as regards a protected geographical indication, the link between a specific quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 93(2);

(h) applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law;

(h) applicable requirements laid down in Union or national legislation or, where provided for by Member States, by an organisation which manages the protected designation of origin or the protected geographical indication, having regard to the fact that such requirements must be objective, non-discriminatory and compatible with Union law;

(i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks.

(i) the name and address of the authorities or bodies verifying compliance with the provisions of the product specification, and their specific tasks.

3.  Where the application for protection concerns a geographical area in a third country, it shall contain, in addition to the elements provided for in paragraphs 1 and 2, proof that the name concerned is protected in its country of origin.

3.  Where the application for protection concerns a geographical area in a third country, it shall contain, in addition to the elements provided for in paragraphs 1 and 2, proof that the name concerned is protected in its country of origin. "

Text proposed by the Commission

Amendment

(10a)  In Article 96, paragraph 5, the following subparagraph is added:

When forwarding the application for protection to the Commission under the first subparagraph of this paragraph, the Member State shall include a statement that it considers that the application submitted by the applicant fulfils the conditions relating to the protection provided for in this Section and that it certifies that the single document referred to in point (d) of Article 94(1) constitutes a true summary of the product specification.

Member States shall inform the Commission of any admissible oppositions submitted under the national procedure.

Text proposed by the Commission

Amendment

7.  Where appropriate, the Commission may adopt implementing acts to suspend the examination of the application referred to in Article 97(2) until a national court or other national body has adjudicated on a challenge to an application for protection where the Member State has considered that the requirements are fulfilled in a preliminary national procedure in accordance with paragraph 5.

deleted

Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3).';

Text proposed by the Commission

Amendment

The Commission shall examine applications for protection that it receives in accordance with Articles 94 and 96(5). It shall scrutinise them for manifest errors, taking into account the outcome of the preliminary national procedure carried out by the Member State concerned.

The Commission shall examine applications for protection that it receives in accordance with Articles 94 and 96(5). It shall scrutinise them for manifest errors, taking into account the outcome of the preliminary national procedure carried out by the Member State concerned. That examination shall focus in particular on the single document referred to in point (d) of Article 94(1).

Text proposed by the Commission

Amendment

(14)  in Article 103, the following paragraph 4 is added:

deleted

‘4.  The protection referred to in paragraph 2 shall also apply with regard to goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union and with regard to goods sold through means of electronic commerce in the Union.; ’

Present text

Amendment

(14a)  Article 103 is replaced by the following:

Article 103

"Article 103

Protection

Protection

1.  A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.

1.  A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine which has been produced in conformity with the corresponding product specification.

2.  A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against:

2.  A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against:

(a) any direct or indirect commercial use of that protected name:

(a) any direct or indirect commercial use of that protected name:

(i) by comparable products not complying with the product specification of the protected name; or

(i) by comparable products not complying with the product specification of the protected name; or

(ii) in so far as such use exploits the reputation of a designation of origin or a geographical indication;

(ii) in so far as such use exploits, weakens or dilutes the reputation of a designation of origin or a geographical indication, including when a registered name is used as an ingredient;

(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar;

(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted or transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavour", "like" or similar, including when those registered names are used as an ingredient;

(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin;

(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, on the inner or outer packaging, advertising material or documents relating to the wine product concerned, as well as the packing of the product in a container liable to convey a false impression as to its origin;

(d) any other practice liable to mislead the consumer as to the true origin of the product.

(d) any other practice liable to mislead the consumer as to the true origin of the product.

(da) any indication, in bad faith, of a domain name that is similar or that may be confused, in full or part, with a protected name.

3.  Protected designations of origin and protected geographical indications shall not become generic in the Union within the meaning of Article 101(1).

3.  Protected designations of origin and protected geographical indications shall not become generic in the Union within the meaning of Article 101(1).

3a.  The protection referred to in paragraph 2 shall also apply with regard to goods entering the customs territory of the Union without being released for free circulation within the customs territory of the Union and with regard to goods sold through means of electronic commerce in the Union. "

Present text

Amendment

(14b)  Article 105 is replaced by the following:

Article 105

"Article 105

Amendments to product specifications

Amendments to product specifications

An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redemarcate the geographical area referred to in point (d) of the second subparagraph of Article 94(2). Applications shall describe and state reasons for the amendments requested.

1.  An applicant satisfying the conditions laid down in Article 95 may apply for approval of an amendment to the product specification of a protected designation of origin or of a protected geographical indication, in particular to take account of developments in scientific and technical knowledge or to redemarcate the geographical area referred to in point (d) of the second subparagraph of Article 94(2). Applications shall describe and state reasons for the amendments requested.

1a.  Amendments to a product specification shall be classified into two categories as regards their importance: amendments requiring an objection procedure at Union level (‘Union amendments’) and amendments to be dealt with at Member State or third country level (‘standard amendments’).

An amendment shall be considered to be a Union amendment where:

(a) it includes a change in the name of the protected designation of origin or the protected geographical indication;

(b) it consists of a change, a deletion or an addition of a category of grapevine products referred to in Part II of Annex VII;

(c) it could potentially void the link referred to in points (a)(i) or point (b)(i) of Article 93(1);

(d) it entails further restrictions on the marketing of the product.

Applications for Union amendments submitted by third countries or by third country producers shall contain proof that the requested amendment complies with the laws on the protection of designations of origin or geographical indications in force in those third countries.

All other amendments shall be considered to be standard amendments.

1b.  A temporary amendment shall be a standard amendment concerning a temporary change in the product specification resulting from the imposition of obligatory sanitary and phytosanitary measures by the public authorities or linked to natural disasters or adverse weather conditions formally recognised by the competent authorities. "

Text proposed by the Commission

Amendment

(14c)  The following Article is inserted:

Article 105a

Amendments at Union level

1.  An application for approval of a Union amendment to the product specifications shall follow mutatis mutandis the procedure laid down in Articles 94 and 96 to 99. Applications for approval of a Union amendment to the product specifications shall be considered admissible if they are submitted in accordance with Article 105 and if they are complete, exhaustive and duly completed. The approval by the Commission of an application for approval of a Union amendment to the product specifications shall only cover the amendments submitted in the application itself.

2.  Where, based on the examination carried out pursuant to Article 97(2), the Commission considers that the conditions laid down in Article 97(3) are met, it shall publish the application for Union amendment in the Official Journal of the European Union. The final decision on the approval of the amendment shall be adopted without applying the examination procedure referred to in Article 229(2), unless an admissible objection has been lodged or the application for amendment is rejected, in which case Article 99(2) shall apply.

3.  If the application is considered inadmissible, the competent authorities of the Member State or those of the third country or applicant established in a third country shall be informed of the reasons for the inadmissibility.

4.  Applications for approval of Union amendments shall contain Union amendments exclusively. If an application for Union amendment also contains standard or temporary amendments, the procedure for Union amendments shall only apply to Union amendments. The standard or temporary amendments shall be deemed as not submitted.

5.  In examining the application for amendments, the Commission shall focus on the proposed amendments.

Text proposed by the Commission

Amendment

(14d)  The following Article is inserted:

Article 105b

Standard amendments

1.  Standard amendments shall be approved and made public by Member States in which the geographical area of the designation of origin or geographical indication relates.

Application for approval of a standard amendment to a product specification shall be submitted to the authorities of the Member State to whom the geographical area of the designation or indication relates. Applicants shall satisfy the conditions laid down in Article 95. If the application for approval of a standard amendment to a product specification does not come from the applicant which has submitted the application for protection of the name or names to which the product specification refers, the Member State shall give that applicant the opportunity to comment on the application, if the applicant still exists.

The application for a standard amendment shall provide a description of the standard amendments, provide a summary of the reasons for which the amendments are required, and demonstrate that the proposed amendments qualify as standard in accordance with Article 105.

2.  Where the Member State considers that the requirements are met, it may approve and make public the standard amendment. The approval decision shall include the modified consolidated single document, where relevant, and the modified consolidated product specification.

The standard amendment shall be applicable in the Member State once it has been made public. The Member State shall communicate standard amendments to the Commission not later than one month following the date on which the national decision of approval was made public.

3.  Decisions approving standard amendments concerning grapevine products originating in third countries shall be taken in accordance with the system in force in the third country concerned and shall be communicated to the Commission by a single producer or group of producers having a legitimate interest, either directly to the Commission or via the authorities of that third country, not later than one month following the date on which they are made public.

4.  If the geographical area covers more than one Member State, the Member States concerned shall apply the procedure for standard amendments separately for the part of the area which falls within their territory. The standard amendment shall be applicable after the last national decision of approval becomes applicable. The Member State last approving the standard amendment shall send it to the Commission not later than one month following the date on which its decision approving the standard amendment is made public.

If one or more Member States concerned do not adopt the national decision of approval referred to in the first subparagraph, any of Member State concerned may submit an application under the Union amendment procedure. Such a rule shall also apply mutatis mutandis when one or more of the countries concerned is a third country.

Text proposed by the Commission

Amendment

(14e)  The following Article is inserted:

Article 105c

Temporary amendments

1.  Temporary amendments shall be approved and made public by Member State to which the geographical area of the designation of origin or geographical indication relates. They shall be communicated to the Commission together with the reasons supporting the temporary amendments, not later than one month following the date on which the national decision of approval was made public. A temporary amendment shall be applicable in the Member State once it has been made public.

2.  When the geographical area covers more than one Member State, the procedure for temporary amendment shall apply separately in the Member States concerned for the part of the area which falls within their territory. Temporary amendments shall be applicable only when the last national decision of approval becomes applicable. The Member State last approving the temporary amendment shall communicate it to the Commission not later than one month following the date upon which its decision of approval is made public. That rule applies mutatis mutandis also when one or more of the countries concerned is a third country.

3.  Temporary amendments concerning grapevine products originating in third countries shall be communicated to the Commission, together with the reasons supporting the temporary amendments, to a single producer or a group of producers having a legitimate interest, , either directly or via the authorities of that third country, not later than one month following the date of their approval.

4.  The Commission shall make public such amendments within three months from the date of which the communication is received from the Member State, third country or third country single producer or group of producers. A temporary amendment shall be applicable in the territory of the Union once it has been made public by the Commission.

Text proposed by the Commission

Amendment

(15)  Article 106 is replaced by the following:

deleted

‘Article 106

Cancellation

The Commission may, on its own initiative or at the duly substantiated request of a Member State, a third country, or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication in one or more of the following circumstances:

(a)  where compliance with the corresponding product specification is no longer guaranteed;

(b)  where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years;

(c)  where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wants to maintain the protection of a designation of origin or a geographical indication.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).; ’

Present text

Amendment

(15a)  Article 106 is replaced by the following:

Article 106

"Article 106

Cancellation

Cancellation

The Commission may, on its own initiative or on a duly substantiated request by a Member State, a third country or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication if compliance with the corresponding product specification is no longer ensured. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

1.  The Commission may, on its own initiative or at the duly substantiated request of a Member State, a third country, or a natural or legal person having a legitimate interest, adopt implementing acts cancelling the protection of a designation of origin or a geographical indication in one or more of the following circumstances:

(a) where compliance with the corresponding product specification is no longer guaranteed;

(b) where no product has been placed on the market bearing the designation of origin or geographical indication for at least seven consecutive years;

(c) where an applicant satisfying the conditions laid down in Article 95 declares that it no longer wants to maintain the protection of a designation of origin or a geographical indication. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

1a.  Where the Commission considers that the cancellation request is not admissible, it shall inform the Member State or the third country authority or the natural or legal person that submitted the request of the reasons supporting the finding of inadmissibility.

1b.  Substantiated statements of objection to the cancellation shall be admissible only where they show commercial reliance by an interested person on the registered name. "

Text proposed by the Commission

Amendment

(15b)  The following Article is inserted:

Article 106a

Temporary labelling and presentation

After an application for the protection of a designation of origin or geographical indication has been forwarded to the Commission, producers may indicate it in labelling and presentation and use national logos and indications, in compliance with Union law and in particular with Regulation (EU) No 1169/2011.

Union symbols indicating the protected designation of origin or protected geographical indication, the Union indications ‘protected designation of origin’ or ‘protected geographical indication’ and the Union abbreviations ‘PDO’ or ‘PGI’ may appear on the labelling only after the publication of the decision conferring protection on that designation of origin or geographical indication.

Where the application is rejected, any grapevine products labelled in accordance with the first paragraph may be marketed until the stocks are exhausted.

Text proposed by the Commission

Amendment

(15c)  The following Article is added:

“Article 107a

Application of a product specification to areas producing wine spirits

Member States may apply a product specification within the meaning of Article 94(2) to areas producing wine suitable for producing wine spirits with a geographical indication as registered in accordance with Annex III to Regulation (EC) No 110/2008.”

Text proposed by the Commission

Amendment

3.  Within the Union, the competent authority referred to in paragraph 2 or one or more delegated bodies within the meaning of point (5) of Article 3 of Regulation (EU) 2017/625 operating as a product certification body in accordance with the criteria laid down in Chapter III of Title II of that Regulation, shall verify annual compliance with the product specification, during the wine production and during or after conditioning.

3.  Within the Union, the competent authority referred to in paragraph 2 or one or more delegated bodies within the meaning of point (5) of Article 3 of Regulation (EU) 2017/625 operating as a product certification body in accordance with the criteria laid down in Chapter III of Title II of that Regulation, shall verify annual compliance with the product specification, during the wine production and during or after conditioning including in the Member State in which the production of the wine takes place.

Text proposed by the Commission

Amendment

3a.  The checks referred to in paragraph 3 shall consist of administrative and on-the-spot checks. Those checks may be limited to administrative controls only when they are secure and make it possible to ensure full compliance with the requirements and conditions laid down in the product specifications.

Text proposed by the Commission

Amendment

3b.  To verify compliance with product specifications, the competent authorities or control bodies referred to in paragraph 3 may audit operators established in another Member State if they intervene in the conditioning of a product bearing a PDO registered on their territory. Taking into consideration the trust that they may place in operators and their products with regard to the results of previous verifications, the control bodies referred to in paragraph 3 may focus their actions on the main aspects to be verified in the product specifications previously defined and brought to the attention of those operators.

Text by the Commission

Amendment

(18)  Article 119 is amended as follows

deleted

(a)   in paragraph 1, the introductory sentence is replaced by the following:

'Labelling and presentation of the products referred to in points 1 to 11, 13, 15, 16, 18 and 19 of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars: ';

(b)   the following paragraph 4 is added:

'4.  Member States shall take measures to ensure that the products referred to in paragraph 1 which are not labelled in conformity with the provisions of this Regulation are not placed on the market, or are withdrawn from it if already placed on the market.'

Present text

Amendment

(18a)  Article 119 is replaced by the following:

Article 119

"Article 119

Compulsory particulars

Compulsory particulars

1. Labelling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:

1. Labelling and presentation of the products referred to in points 1 to 11, 13, 15, 16, 18 and 19 of Part II of Annex VII marketed in the Union or for export shall contain the following compulsory particulars:

(a) the designation for the category of the grapevine product in accordance with Part II of Annex VII;

(a) the designation for the category of the grapevine product in accordance with Part II of Annex VII;

(b) for wines with a protected designation of origin or a protected geographical indication:

(b) for wines with a protected designation of origin or a protected geographical indication:

(i) the term "protected designation of origin" or "protected geographical indication"; and

(i) the term "protected designation of origin" or "protected geographical indication";

(ii) the name of the protected designation of origin or the protected geographical indication;

and (ii) the name of the protected designation of origin or the protected geographical indication;

(c) the actual alcoholic strength by volume;

(c) the actual alcoholic strength by volume;

(d) an indication of provenance;

(d) an indication of provenance;

(e) an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor;

(e) an indication of the bottler or, in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, the name of the producer or vendor;

(f) an indication of the importer in the case of imported wines; and

(f) an indication of the importer in the case of imported wines;

(g) in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content.

(g) in the case of sparkling wine, aerated sparkling wine, quality sparkling wine or quality aromatic sparkling wine, an indication of the sugar content;

(ga) the nutrition declaration, the content of which may be limited to the energy value only; and

(gb) the list of ingredients.

2.  By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication.

2.  By way of derogation from point (a) of paragraph 1, the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication.

3.  By way of derogation from point (b) of paragraph 1, the reference to the terms "protected designation of origin" or "protected geographical indication" may be omitted in the following cases:

3.  By way of derogation from point (b) of paragraph 1, the reference to the terms "protected designation of origin" or "protected geographical indication" may be omitted in the following cases:

(a) where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2);

(a) where a traditional term in accordance with point (a) of Article 112 is displayed on the label in accordance with the product specification referred to in Article 94(2);

(b) in exceptional and duly justified circumstances to be determined by the Commission by means of delegated acts adopted in accordance with Article 227 in order to ensure compliance with existing labelling practices.

(b) in exceptional and duly justified circumstances to be determined by the Commission by means of delegated acts adopted in accordance with Article 227 in order to ensure compliance with existing labelling practices.

3a.  To ensure a uniform application of point (ga) of paragraph 1, the energy value shall be:

(a) expressed with numbers and words or symbols, and notably the symbol (E) for Energy;

(b) calculated using the conversion factor listed in Annex XIV to Regulation (EU) 1169/2011;

(c) expressed in the form of average values in kcal based on:

(i) the producer’s analysis of the wine; or

(ii) a calculation from generally established and accepted data based on average values of typical and characteristic wines;

(d) expressed per 100ml. In addition, it may be expressed per consumption unit, easily recognisable by the consumer, provided that the unit used is quantified on the label and that the number of units contained in the package is stated.

3b.  By way of derogation from point (gb) of paragraph 1, the list of ingredients may also be provided by other means than on the label affixed to the bottle or to any other type of container, provided that a clear and direct link is indicated on the label. It may not be displayed together with other information intended for sales or marketing purposes.

3c.  Member States shall take measures to ensure that the products referred to in paragraph 1 which are not labelled in conformity with the provisions of this Regulation are not placed on the market, or are withdrawn from it if already placed on the market.

3d.  Operators who voluntarily wish to communicate to consumers the calories for wine products from a marketing year beginning before the entry into force of this Regulation, shall apply Article 119 in its entirety. "

Text proposed by the Commission

Amendment

(19a)  The following point is inserted:

(fa) terms relating to the conservation of the genetic resources of the vine;

Text proposed by the Commission

Amendment

(20)  in Article 122, paragraph 1 is amended as follows:

deleted

(a)  in point (b), point (ii) is deleted;

(b)  in point (c), the following point (iii) is added:

‘ (iii)  terms referring to a holding and the conditions for their use.; ’

(c)  in point (d), point (i) is replaced by the following:

‘ (i)  the conditions of use of certain bottle shapes and of closures, and a list of certain specific bottle shapes;; ’

Present text

Amendment

(20a)  Article 122 is replaced by the following:

Article 122

"Article 122

Delegated powers

Delegated powers

1.  In order to take into account the specific characteristics of the wine sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules and restrictions on:

1.  In order to take into account the specific characteristics of the wine sector, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules and restrictions on:

(a) the presentation and use of labelling particulars other than those provided for in this Section;

(a) the presentation and use of labelling particulars other than those provided for in this Section;

(b) compulsory particulars concerning:

(b) compulsory particulars concerning:

(i) terms to be used to formulate the compulsory particulars and their conditions of use;

(i) terms to be used to formulate the compulsory particulars and their conditions of use;

(ii) terms referring to a holding and the conditions for their use;

(iii) provisions allowing the producing Member States to establish additional rules relating to compulsory particulars;

(iii) provisions allowing the producing Member States to establish additional rules relating to compulsory particulars;

(iv) provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product; and

(iv) provisions allowing further derogations in addition to those referred to in Article 119(2) as regards the omission of the reference to the category of the grapevine product;

(v) provisions on the use of languages;

(v) provisions on the use of languages; and

(va) the provisions relating to point (gb) of Article 119(1);

(c) optional particulars concerning:

(c) optional particulars concerning:

(i) terms to be used to formulate the optional particulars and their conditions of use;

(i) terms to be used to formulate the optional particulars and their conditions of use;

(ii) provisions allowing the producing Member States to establish additional rules relating to optional particulars;

(ii) provisions allowing the producing Member States to establish additional rules relating to optional particulars;

(iia) terms referring to a holding and the conditions for their use;

(d) the presentation concerning:

(d) the presentation concerning:

(i) the conditions of use of certain bottle shapes, and a list of certain specific bottle shapes;

(i) the conditions of use of certain bottle shapes and of closures, and a list of certain specific bottle shapes;

(ii) the conditions of use of "sparkling wine"-type bottles and closures;

(ii) the conditions of use of "sparkling wine"-type bottles and closures;

(iii) provisions allowing the producing Member States to establish additional rules relating to presentation;

(iii) provisions allowing the producing Member States to establish additional rules relating to presentation;

(iv) provisions on the use of languages.

(iv) provisions on the use of languages.

The Commission shall adopt the delegated acts referred to in point (b)(va) no later than 18 months after … [the date of entry into force of this Regulation].

2.  In order to ensure the protection of the legitimate interests of operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements.

2.  In order to ensure the protection of the legitimate interests of operators, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules as regards temporary labelling and presentation of wines bearing a designation of origin or a geographical indication, where that designation of origin or geographical indication fulfils the necessary requirements.

3.  In order to ensure that economic operators are not prejudiced, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning transitional provisions as regards wine placed on the market and labelled in accordance with the relevant rules applying before 1 August 2009.

3.  In order to ensure that economic operators are not prejudiced, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning transitional provisions as regards wine placed on the market and labelled in accordance with the relevant rules applying before 1 August 2009.

4.  In order to take account of the specific characteristics in trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned.

4.  In order to take account of the specific characteristics in trade between the Union and certain third countries, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning derogations from this Section as regards products to be exported where required by the law of the third country concerned. "

Present text

Amendment

(ba)  In Article 125, the title is replaced by the following:

Sugar sector agreements

‘Sugar beet and sugar cane sector agreements’

Present text

Amendment

(bb)  in Article 126, the title is replaced by the following:

Price reporting in the sugar market

Price reporting in the markets‘

Present text

Amendment

(bc)  in Article 126, the first paragraph is replaced by the following:

The Commission may adopt implementing acts establishing a system for reporting sugar market prices, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). The system referred to in the first subparagraph shall be based on information submitted by undertakings producing white sugar or by other operators involved in the sugar trade. This information shall be treated as confidential.

“The Commission may adopt implementing acts establishing a system for reporting market prices for the sugar beet and cane sugar market on the one hand, and for the sugar and ethanol market on the other, including arrangements for publishing the price levels for this market. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). The system referred to in the first subparagraph shall be based on information submitted by undertakings producing sugar or ethanol or by other operators involved in the sugar or ethanol trade. This information shall be treated as confidential.”

Present text

Amendment

(22a)  Article 148 is replaced by the following:

Article 148

" Article 148

Contractual relations in the milk and milk products sector

Contractual relations in the milk and milk products sector

1.  Where a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such contract and/or such offer for a contract shall fulfil the conditions laid down in paragraph 2.

1.  Where a Member State decides that every delivery of raw milk in its territory by a farmer to a processor of raw milk must be covered by a written contract between the parties and/or decides that first purchasers must make a written offer for a contract for the delivery of raw milk by the farmers, such contract and/or such offer for a contract shall fulfil the conditions laid down in paragraph 2.

Where a Member State decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors.

Where a Member State decides that deliveries of raw milk by a farmer to a processor of raw milk must be covered by a written contract between the parties, it shall also decide which stage or stages of the delivery shall be covered by such a contract if the delivery of raw milk is made through one or more collectors.

For the purposes of this Article, a "collector" means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

For the purposes of this Article, a "collector" means an undertaking which transports raw milk from a farmer or another collector to a processor of raw milk or another collector, where the ownership of the raw milk is transferred in each case.

1a.  Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation, or an association of producer organisations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in the first subparagraph of paragraph 4 of this Article.

1a.  Where Member States do not make use of the possibilities provided for in paragraph 1 of this Article, a producer, a producer organisation, or an association of producer organisations may require that any delivery in raw milk to a processor of raw milk be the subject of a written contract between the parties and/or be the subject of a written offer for a contract from the first purchasers, under the conditions laid down in the first subparagraph of paragraph 4 of this Article.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

If the first purchaser is a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC, the contract and/or the contract offer is not compulsory, without prejudice to the possibility for the parties to make use of a standard contract drawn up by an interbranch organisation.

2.  The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:

2.  The contract and/or the offer for a contract referred to in paragraphs 1 and 1a shall:

(a) be made in advance of the delivery,

(a) be made in advance of the delivery,

(b) be made in writing, and

(b) be made in writing, and

(c) include, in particular, the following elements:

(c) include, in particular, the following elements:

(i) the price payable for the delivery, which shall:

(i) the price payable for the delivery, which shall:

— be static and be set out in the contract, and/or

— be static and be set out in the contract and/or

— be calculated by combining various factors set out in the contract, which may include market indicators reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered,

— be calculated by combining various factors set out in the contract, which may include objective indicators of production and market costs that are easily accessible and comprehensible reflecting changes in market conditions, the volume delivered and the quality or composition of the raw milk delivered.

To that effect, Member States having decided to apply paragraph 1 may determine indicators, in accordance with objective criteria and based on studies carried out on production and the food chain, in order to determine these at any time,

(ii) the volume of raw milk which may and/or must be delivered and the timing of such deliveries,

(ii) the volume of raw milk which may /or must be delivered and the timing of such deliveries. It shall not be possible to lay down penalty clauses for monthly breaches,

(iii) the duration of the contract, which may include either a definite or an indefinite duration with termination clauses,

(iii) the duration of the contract, which may include either a definite or an indefinite duration with termination clauses,

(iv) details regarding payment periods and procedures,

(iv) details regarding payment periods and procedures,

(v) arrangements for collecting or delivering raw milk, and

(v) arrangements for collecting or delivering raw milk, and

(vi) rules applicable in the event of force majeure.

(vi) rules applicable in the event of force majeure.

3.  By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.

3.  By way of derogation from paragraphs 1 and 1a, a contract and/or an offer for a contract shall not be required where raw milk is delivered by a member of a cooperative to the cooperative of which he is a member if the statutes of that cooperative or the rules and decisions provided for in or derived from these statutes contain provisions having similar effects to the provisions set out in points (a), (b) and (c) of paragraph 2.

4.  All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties.

4.  All elements of contracts for the delivery of raw milk concluded by farmers, collectors or processors of raw milk, including the elements referred to in point (c) of paragraph 2, shall be freely negotiated between the parties.

Notwithstanding the first subparagraph, one or more of the following shall apply:

Notwithstanding the first subparagraph, one or more of the following shall apply:

(a) where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish:

(a) where a Member State decides to make a written contract for the delivery of raw milk compulsory in accordance with paragraph 1, it may establish:

(i) an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery;

(i) an obligation for the parties to agree on a relationship between a given quantity delivered and the price payable for that delivery;

(ii) a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;

(ii) a minimum duration, applicable only to written contracts between a farmer and the first purchaser of raw milk; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market;

(b) where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market.

(b) where a Member State decides that the first purchaser of raw milk must make a written offer for a contract to the farmer in accordance with paragraph 1, it may provide that the offer must include a minimum duration for the contract, set by national law for this purpose; such a minimum duration shall be at least six months, and shall not impair the proper functioning of the internal market.

The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2.

The second subparagraph shall be without prejudice to the farmer's right to refuse such a minimum duration provided that he does so in writing. In such a case, the parties shall be free to negotiate all elements of the contract, including the elements referred to in point (c) of paragraph 2.

5.  The Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied.

5.  The Member States which make use of the options referred to in this Article shall notify the Commission of how they are applied.

6.  The Commission may adopt implementing acts laying down measures necessary for the uniform application of points (a) and (b) of paragraph 2 and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

6.  The Commission may adopt implementing acts laying down measures necessary for the uniform application of points (a) and (b) of paragraph 2 and paragraph 3 of this Article and measures relating to notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). "

Present text

Amendment

(22b)  Article 149 is replaced by the following:

Article 149

"Article 149

Contractual negotiations in the milk and milk products sector

Contractual negotiations in the milk and milk products sector

1.  A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the third subparagraph of Article 148(1).

1.  A producer organisation in the milk and milk products sector which is recognised under Article 161(1) may negotiate on behalf of its farmer members, in respect of part or all of their joint production, contracts for the delivery of raw milk by a farmer to a processor of raw milk, or to a collector within the meaning of the third subparagraph of Article 148(1).

2.  The negotiations by the producer organisation may take place:

2.  The negotiations by the producer organisation may take place:

(a) whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

(a) whether or not there is a transfer of ownership of the raw milk by the farmers to the producer organisation;

(b) whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

(b) whether or not the price negotiated is the same as regards the joint production of some or all of the farmer members;

(c) provided that, for a particular producer organisation, all of the following conditions are fulfilled:

(c) provided that, for a particular producer organisation, all of the following conditions are fulfilled:

(i) the volume of raw milk covered by such negotiations does not exceed 3,5 % of total Union production,

(i) the volume of raw milk covered by such negotiations does not exceed 4,5% of total Union production,

(ii) the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and

(ii) the volume of raw milk covered by such negotiations which is produced in any particular Member State does not exceed 33 % of the total national production of that Member State, and

(iii) the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State;

(iii) the volume of raw milk covered by such negotiations which is delivered in any particular Member State does not exceed 33 % of the total national production of that Member State;

(d) provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

(d) provided that the farmers concerned are not members of any other producer organisation which also negotiates such contracts on their behalf; however, Member States may derogate from this condition in duly justified cases where farmers hold two distinct production units located in different geographic areas;

(e) provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

(e) provided that the raw milk is not covered by an obligation to deliver arising from the farmer's membership of a cooperative in accordance with the conditions set out in the cooperative's statutes or the rules and decisions provided for in or derived from these statutes; and

(f) provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations.

(f) provided that the producer organisation notifies the competent authorities of the Member State or Member States in which it operates of the volume of raw milk covered by such negotiations.

3.  Notwithstanding the conditions set out in of point (c)(ii) and (iii) of paragraph 2, a producer organisation may negotiate pursuant to paragraph 1 provided that, with regard to that producer organisation, the volume of raw milk covered by the negotiations which is produced in or delivered in a Member State having a total annual raw milk production of less than 500 000 tonnes does not exceed 45 % of the total national production of that Member State.

3.  Notwithstanding the conditions set out in of point (c)(ii) and (iii) of paragraph 2, a producer organisation may negotiate pursuant to paragraph 1 provided that, with regard to that producer organisation, the volume of raw milk covered by the negotiations which is produced in or delivered in a Member State having a total annual raw milk production of less than 500 000 tonnes does not exceed 45 % of the total national production of that Member State.

4.  For the purposes of this Article, references to producer organisations include associations of such producer organisations.

4.  For the purposes of this Article, references to producer organisations include associations of such producer organisations.

5.  For the purposes of applying point (c) of paragraph 2 and paragraph 3, the Commission shall publish, by such means as it considers appropriate, the amounts of raw milk production in the Union and the Member States using the most up-to-date information available.

5.  For the purposes of applying point (c) of paragraph 2 and paragraph 3, the Commission shall publish, by such means as it considers appropriate, the amounts of raw milk production in the Union and the Member States using the most up-to-date information available.

6.  By way of derogation from point (c) of paragraph 2 and paragraph 3, even where the thresholds set out therein are not exceeded, the competition authority referred to in the second subparagraph of this paragraph may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.

6.  By way of derogation from point (c) of paragraph 2 and paragraph 3, even where the thresholds set out therein are not exceeded, the competition authority referred to in the second subparagraph of this paragraph may decide in an individual case that a particular negotiation by the producer organisation should either be reopened or should not take place at all if it considers that this is necessary in order to prevent competition from being excluded or in order to avoid seriously damaging SME processors of raw milk in its territory.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.

For negotiations covering more than one Member State, the decision referred to in the first subparagraph shall be taken by the Commission without applying the procedure referred to in Article 229(2) or (3). In other cases, that decision shall be taken by the national competition authority of the Member State to which the negotiations relate.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

The decisions referred to in this paragraph shall not apply earlier than the date of their notification to the undertakings concerned.

7.  For the purposes of this Article:

7.  For the purposes of this Article:

(a) a "national competition authority" means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003 ²²

(a) a "national competition authority" means the authority referred to in Article 5 of Council Regulation (EC) No 1/2003 ²²

(b) a "SME" means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.

(b) a "SME" means a micro, small or medium-sized enterprise within the meaning of Recommendation 2003/361/EC.

8.  The Member States in which negotiations take place in accordance with this Article shall notify the Commission of the application of point (f) of paragraph 2 and of paragraph 6.

8.  The Member States in which negotiations take place in accordance with this Article shall notify the Commission of the application of point (f) of paragraph 2 and of paragraph 6.

__________________

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²² Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty (OJ L 1, 4.1.2003, p. 1).

²² Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 and 102 of the Treaty (OJ L 1, 4.1.2003, p. 1). "

Present text

Amendment

(22c)  Article 150 is replaced by the following:

Article 150

"Article 150

Regulation of supply for cheese with a protected designation of origin or protected geographical indication

Regulation of supply for cheese with a protected designation of origin or protected geographical indication

1.  Upon the request of a producer organisation recognised under Article 152(3), an interbranch organisation recognised under Article 157(3) or a group of operators referred to in Article 3(2) of Regulation (EU) No 1151/2012, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of cheese benefiting from a protected designation of origin or from a protected geographical indication under Article 5(1) and (2) of Regulation (EU) No 1151/2012.

1.  Upon the request of a producer organisation recognised under Article 152(1)or Article 161(1), an interbranch organisation recognised under Article 157(1) or a group of operators referred to in Article 3(2) of Regulation (EU) No 1151/2012, Member States may lay down, for a limited period of time, binding rules for the regulation of the supply of cheese benefiting from a protected designation of origin or from a protected geographical indication under Article 5(1) and (2) of Regulation (EU) No 1151/2012.

2.  The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012. Such an agreement shall be concluded between at least two-thirds of the milk producers or their representatives representing at least two thirds of the raw milk used for the production of the cheese referred to in paragraph 1 of this Article and, where relevant, at least two-thirds of the producers of that cheese representing at least two thirds of the production of that cheese in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012.

2.  The rules referred to in paragraph 1 of this Article shall be subject to the existence of a prior agreement between the parties in the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012. Such an agreement shall be concluded between at least two-thirds of the milk producers or their representatives representing at least two thirds of the raw milk used for the production of the cheese referred to in paragraph 1 of this Article and, where relevant, at least two-thirds of the producers of that cheese or their representatives, accounting for at least two thirds of the production of that cheese in the geographical area referred to in point(c) of Article 7(1) of Regulation (EU) No 1151/2012.

3.  For the purpose of paragraph 1, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in point (c) of Article 7(1) of Regulation (EU) No 1151/2012 relating to that cheese.

3.  For the purpose of paragraph 1, concerning cheese benefiting from a protected geographical indication, the geographical area of origin of the raw milk, as set in the product specification for the cheese, shall be the same as the geographical area referred to in point (c) of Article 7(1) of Regulation (EU)No 1151/2012 relating to that cheese.

4.  The rules referred to in paragraph 1:

4.  The rules referred to in paragraph 1:

(a) shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of that cheese to demand;

(a) shall only cover the regulation of supply of the product concerned and shall have the aim of adapting the supply of that cheese to demand;

(b) shall have effect only on the product concerned;

(b) shall have effect only on the product concerned;

(c) may be made binding for no more than three years and may be renewed after this period, following a new request, as referred to in paragraph 1;

(c) may be made binding for no more than five years and may be renewed after this period, following a new request, as referred to in paragraph 1;

(d) shall not damage the trade in products other than those concerned by those rules;

(d) shall not damage the trade in products other than those concerned by those rules;

(e) shall not relate to any transaction after the first marketing of the cheese concerned;

(e) shall not relate to any transaction after the first marketing of the cheese concerned;

(f) shall not allow for price fixing, including where prices are set for guidance or recommendation;

(f) shall not allow for price fixing, including where prices are set for guidance or recommendation;

(g) shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

(g) shall not render unavailable an excessive proportion of the product concerned that would otherwise be available;

(h) shall not create discrimination, constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

(h) shall not create discrimination,constitute a barrier for new entrants in the market, or lead to small producers being adversely affected;

(i) shall contribute to maintaining the quality and/or the development of the product concerned;

(i) shall contribute to maintaining the quality and/or the development of the product concerned;

(j) shall be without prejudice to Article 149.

(j) shall be without prejudice to Article 149.

5.  The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned.

5.  The rules referred to in paragraph 1 shall be published in an official publication of the Member State concerned.

6.  Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 4 are complied with, and, where it has been found by the competent national authorities that such conditions have not been complied with, shall repeal the rules referred to in paragraph 1.

6.  Member States shall carry out checks in order to ensure that the conditions laid down in paragraph 4 are complied with, and, where it has been found by the competent national authorities that such conditions have not been complied with, shall repeal the rules referred to in paragraph 1.

7.  Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform other Member States of any notification of such rules.

7.  Member States shall notify the Commission forthwith of the rules referred to in paragraph 1 which they have adopted. The Commission shall inform other Member States of any notification of such rules.

8.  The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 if the Commission finds that those rules do not comply with the conditions laid down in paragraph 4, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3) of this Regulation.

8.  The Commission may at any time adopt implementing acts requiring that a Member State repeal the rules laid down by that Member State pursuant to paragraph 1 if the Commission finds that those rules do not comply with the conditions laid down in paragraph 4, prevent or distort competition in a substantial part of the internal market or jeopardise free trade or the attainment of the objectives of Article 39 TFEU. Those implementing acts shall be adopted without applying the procedure referred to in Article 229(2) or (3) of this Regulation. "

Present text

Amendment

(22d)  Article 151 is replaced by the following:

Article 151

"Article 151

Compulsory declarations in the milk and milk products sector

Compulsory declarations in the milk and milk products sector

From 1 April 2015, the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month.

From 1 April 2015, the first purchasers of raw milk shall declare to the competent national authority the quantity of raw milk that has been delivered to them each month and the average price paid. A distinction shall be made between organic and non-organic agricultural products. If the first purchaser is a cooperative, the average price shall be communicated at the end of the marketing year referred to in point (c)(v) of Article 6.

The information on the average price shall be deemed confidential and the competent authority shall ensure that specific average prices or names of individual economic operators are not published.

For the purposes of this Article and Article 148, a "first purchaser" means an undertaking or group which buys milk from producers in order to:

For the purposes of this Article and Article 148, a "first purchaser" means an undertaking or group which buys milk from producers in order to:

(a) subject it to collecting, packing, storing, chilling or processing, including under a contract;

(a) subject it to collecting, packing, storing, chilling or processing, including under a contract;

(b) sell it to one or more undertakings treating or processing milk or other milk products.

(b) sell it to one or more undertakings treating or processing milk or other milk products.

Member States shall notify the Commission of the quantity of raw milk referred to in the first subparagraph.

Member States shall notify the Commission of the quantity of raw milk and the average price referred to in the first subparagraph.

The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

The Commission may adopt implementing acts laying down rules on the content, format and timing of such declarations and measures relating to the notifications to be made by the Member States in accordance with this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2). "

Present text

Amendment

(22e)  Article 152 is replaced by the following:

Article 152

"Article 152

Producer organisations

Producer organisations

1.  Member States may, on request, recognise producer organisations, which:

1.  Member States may, on request, recognise producer organisations, which:

(a) are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2);

(a) are constituted, and controlled in accordance with point (c) of Article 153(2), by producers in a specific sector listed in Article 1(2);

(b) are formed on the initiative of the producers and which carry out at least one of the following activities:

(b) are formed on the initiative of the producers and which carry out at least one of the following activities:

(i) joint processing;

(i) joint processing;

(ii) joint distribution, including by joint selling platforms or joint transportation;

(ii) joint distribution, including by joint selling platforms or joint transportation;

(iii) joint packaging, labelling or promotion;

(iii) joint packaging, labelling or promotion;

(iv) joint organising of quality control;

(iv) joint organising of quality control;

(v) joint use of equipment or storage facilities;

(v) joint use of equipment or storage facilities;

(vi) joint management of waste directly related to the production;

(vi) joint management of waste directly related to the production;

(vii) joint procurement of inputs;

(vii) joint procurement of inputs;

(viii) any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;

(viii) any other joint service activities pursuing one of the objectives listed in point (c) of this paragraph;

(c) pursue a specific aim which may include at least one of the following objectives:

(c) pursue a specific aim which may include at least one of the following objectives:

(i) ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(i) ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;

(ii) concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;

(ii) concentration of supply and the placing on the market of the products produced by its members, including through direct marketing;

(iii) optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;

(iii) optimising production costs and returns on investments in response to environmental and animal welfare standards, and stabilising producer prices;

(iv) carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;

(iv) carrying out research and developing initiatives on sustainable production methods, innovative practices, economic competitiveness and market developments;

(v) promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;

(v) promoting, and providing technical assistance for, the use of environmentally sound cultivation practices and production techniques, and sound animal welfare practices and techniques;

(vi) promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label;

(vi) promoting, and providing technical assistance for, the use of production standards, improving product quality and developing products with a protected designation of origin, with a protected geographical indication or covered by a national quality label;

(vii) the management of by-products and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity;

(vii) the management and valorisation of by-products, residual flows and of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity and boosting circularity;

(viii) contributing to a sustainable use of natural resources and to climate change mitigation;

(viii) contributing to a sustainable use of natural resources and to climate change mitigation;

(ix) developing initiatives in the area of promotion and marketing;

(ix) developing initiatives in the area of promotion and marketing;

(x) managing of the mutual funds referred to in operational programmes in the fruit and vegetables sector referred to in point (d) of Article 33(3) of this Regulation and under Article 36 of Regulation (EU) No 1305/2013;