am com legreport · 2019-10-27 · and ensuring policy coherence for development and the promotion...

AM\1171815EN.docx PE632.002v01-00

EN United in diversity EN

European Parliament2014-2019

Committee on Agriculture and Rural Development

2018/0218(COD)

12.12.2018

AMENDMENTS576 - 796

Draft reportEric Andrieu(PE623.922v01–00)

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

Proposal for a regulation(COM(2018)394 – C8-0246/2018 – 2018/0218(COD))

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AM_Com_LegReport

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Amendment 576Stanisław Ożóg, Zbigniew Kuźmiuk

Proposal for a regulationArticle 1 – paragraph 1 – point 26

Text proposed by the Commission Amendment

26) In Part III Chapter VI, covering Articles 196 to 204, is deleted;

deleted

Or. pl

Justification

The provisions on the possibility of applying export refunds should not be deleted. The possibility to support exports through export refunds should be maintained and a common system of export credits should be developed at EU level.

Amendment 577Beata Gosiewska



26) In Part III Chapter VI, covering Articles 196 to 204, is deleted;

deleted

Or. pl

Amendment 578Thomas Waitzon behalf of the Verts/ALE GroupAna Miranda

Proposal for a regulationArticle 1 – paragraph 1 – point 26 a (new)Regulation (EU) No 1308/2013Part III – Chapter VII a (new)

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(26a) In Part III, the following Chapter VIIa (new) is inserted:

‘

Chapter VIIa

Monitoring EU external trade in third country markets

Article 205a

1. For the purposes of applying this Regulation, monitoring, analysing and managing the market in agricultural products, increasing market transparency, and ensuring policy coherence for development and the promotion of gender equality, the Commission shall be empowered to adopt delegated acts in accordance with the examination procedure referred to in Article 227, to establish a system for monitoring the external impact of EU trade, to be integrated with the existing MarketObservatories.

The information obtained may be transmitted or made available to international organisations, the competent authorities of third countries and may be made public, subject to the protection of personal data.

2. The monitoring system shall observe at least the following:

a) export volume and export price data of milk and milk products to individual developing countries with dairy production or dairy development plans, presented per country;

b) export volume and export price data ofpoultry to individual developing countries where sensitivities in the poultry sector have been identified, presented per country;

c) export volume and export price data to individual developing countries where sensitivities in a specific sector have been

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identified, presented per country (notably for milk powders and liquid milk, pigmeat, cereals and tomatoes).

Or. en

Justification

The specified sectors - milk (point a) and poultry (point b) - in certain developing countries are particularly sensitive to increased EU exports. In the existing observatories, the Commission should integrate monitoring of EU exports and their effects in these countries, to ensure that the objectives of development policy are not compromised by EU trade. In particular, the effects of such trade on gender equality elsewhere in the world should be monitored.

Amendment 579Annie Schreijer-Pierik

Proposal for a regulationArticle 1 – paragraph 1 – point 26 a (new)Regulation (EU) No 1308/2013Article 206 – paragraph 1

Present text Amendment

(26a) In Article 206, the first paragraph is amended as follows:

Save as otherwise provided in this Regulation, and in accordance with Article 42 TFEU, Articles 101 to 106 TFEU and the implementing provisions thereto shall, subject to Articles 207 to 210 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to the production of, or trade in, agricultural products.

“Save as otherwise provided in this Regulation, in particular in Article 152(1a) and (1b), and in accordance with Article 42 TFEU, Articles 101 to 106 TFEU and the implementing provisions thereto shall, subject to Articles 207 to 210 of this Regulation, apply to all agreements, decisions and practices referred to in Article 101(1) and Article 102 TFEU which relate to the production of, or trade in, agricultural products.”

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-20180101&from=FR)

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Justification

This amendment and my amendment pertaining to Article 152(1a), first subparagraph, to be found under (22), are complementary.

Amendment 580Michel Dantin



(26a) in Article 206, the second subparagraph is replaced by the following:

In order to ensure the functioning of the internal market and the uniform application of Union competition rules, the Commission and the competition authorities of the Member States shall apply the Union competition rules in close cooperation.

“In order to ensure the functioning of the internal market and the uniform interpretation and application of Union competition rules, the Commission and the competition authorities of the Member States shall cooperate closely and, so faras possible, shall coordinate their actions when applying the Union competition rules.”

Or. fr

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-20180101&from=EN)

Justification

This amendment seeks to reinforce the cooperation and coordination obligation between the Commission and the competition authorities of the Member States in order to ensure that the Union competition rules are interpreted and applied uniformly.


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Proposal for a regulationArticle 1 – paragraph 1 – point 26 b (new)Regulation (EU) No 1308/2013Article 206 a (new)


(26b) In Chapter I of Part IV, the following Article is inserted:

‘Article 206a

Resale at loss

1. Agricultural products from a sector listed in Article 1(2) shall not be resold at a loss, unless when justified for the purposes of avoiding food waste.

Resale at loss means the sale of agricultural and food products below the purchase price as per invoice, less the proportional part of the discounts included in the invoice, plus the transport costs and the taxes charged on the transaction, by a first or subsequent purchaser

2. The Commission shall be empowered to adopt delegated acts concerning the criteria for exemptions to paragraph 1, concerning cases where resale at loss is justified for the purposes of avoiding food waste.’

Or. en


Proposal for a regulationArticle 1 – paragraph 1 – point 26 b (new)Regulation (EU) No 1308/2013Article 207 – point a


(26b) in Article 207, point (a) is replaced by the following:

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(a) the relevant product market: for the purposes of this Chapter, “product market”means the market comprising all those products which are regarded as interchangeable or substitutable by the consumer by reason of the products’characteristics, their prices and their intended use;

“(a) the relevant product market: for the purposes of this Chapter, “product market”means the market comprising all those products which are regarded as interchangeable or substitutable by the customer and by the consumer by reason of the products’ characteristics, their prices and their intended use;”

Or. fr


Justification

This amendment seeks to expand the definition of the relevant market by adding the concept of ‘customer’ in addition to ‘consumer’.


Proposal for a regulationArticle 1 – paragraph 1 – point 26 c (new)Regulation (EU) No 1308/2013Article 208


(26c) Article 208 is replaced by the following:

Article 208 “Article 208

Dominant position Dominant position

For the purposes of this Chapter, “dominant position” means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, customers and ultimately of consumers.

For the purposes of this Chapter, “dominant position” means a position of economic strength enjoyed by an undertaking which enables it to prevent effective competition being maintained in the relevant market by giving it the power to behave to an appreciable extent independently of its competitors, suppliers,customers and ultimately of consumers.”

Or. fr

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Justification

This amendment seeks to expand the concept of ‘dominant position’ as defined by the single CMO in order to protect the upstream part of the chain, namely farmers as suppliers of raw materials. Although the aim is to rebalance relations within the supply chain, there is no legal basis in this Regulation for protecting farmers acting as suppliers.

Amendment 584Maria Lidia Senra Rodríguez

Proposal for a regulationArticle 1 – paragraph 1 – point 26 b (new)Regulation (EU) No 1308/2013Article 209 – paragraph 1 – subparagraph 3


(26b) In Article 209(1), the third subparagraph is deleted.

Or. es

Amendment 585Bas Belder

Proposal for a regulationArticle 1 – paragraph 1 – point 26 a (new)Regulation (EU) No 1308/2013Article 209 – paragraph 1 – subparagraph 3


(26a) In Article 209, paragraph 1, the subparagraph 3 is replaced by the following:

This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.

“This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded, unless such prices have been agreed within a producer organisation or an association of

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producer organisations for the products concentrated therein.”

Or. en





(26b) Article 209, paragraph 1, the subparagraph 3 is replaced by the following:

This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded.

“This paragraph shall not apply to agreements, decisions and concerted practices which entail an obligation to charge an identical price or by which competition is excluded. In the case of producer organisations and associations of producer organisations, this paragraph shall not apply to agreements, decisions and practices that entail a mandatory minimum price for sales by producer members outside the producer organisation.”

Or. en


Justification

The ‘Endives’ Case C-671/15 clarified that agreements, decisions and concerted practices concerning prices within producer organisations and associations of producer organisations are allowed provided the producer organisations and associations are concentrating supply and placing on the market their members’ production and those agreements, decisions and practices do not entail a mandatory minimum price for sales outside the producer

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organisation. The third subparagraph should be amended for reasons of clarification.

Amendment 587Jan Huitema, Fredrick Federley

Proposal for a regulationArticle 1 – paragraph 1 – point 26 d (new)Regulation (EU) No 1308/2013Article 209 – paragraph 2 a (new)


(26d) In Article 209, paragraph 2a is added:

2a. Sustainability initiatives contributing to the objectives of the CAP as set out in Article 39 TFEU and, more specific, in Article 5 and 6 of the CAP Strategic Plan Regulation may be exempted from article 101(1) when conducted by recognised producer organisations or associations of producer organisations. The Commission shall set clear preconditions and assess sectorial sustainability initiatives in a clearance procedure on basis of criteria that measure benefits for society as a whole, taken into account the functioning of the single market. The Commission is empowered to adopt delegated acts in accordance with Article 227 to supplementing this Regulation with further rules on sustainability initiatives.

Or. en

Justification

This paragraph legally effectuates the request of ComAGRI in the Opinion to the Annual Report on Competition Policy (2018/2102(INI)).


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Proposal for a regulationArticle 1 – paragraph 1 – point 26 d (new)Regulation (EU) No 1308/2013Article 210


(26d) Article 210 is deleted;

Or. fr

Justification

This amendment should be read in conjunction with the rewording of Article 210.

Amendment 589Eric Andrieu, Karine Gloanec Maurin

Proposal for a regulationArticle 1 – paragraph 1 – point 26 b (new)Regulation (EU) No 1308/2013Article 210 – paragraph 1


(26b) Article 210(1) is amended as follows:

1. Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation with the object of carrying out the activities listed in point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3) of this Regulation, and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation.

“1. Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation which are necessary in order to meet the objectives listed in point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3) of this Regulation, and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation.

Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall apply without any prior decision to that effect being required. However, interbranch organisations recognised under Article 157 of this Regulation may ask the Commission for an opinion on the

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compatibility of these agreements, decision and concerted practices with the objectives listed in Article 39 of the Treaty on the Functioning of the European Union. The Commission shall deal with requests for opinions promptly and shall send the applicant its opinion within four months of receipt of a complete request. The Commission may, at its own initiative or at the request of a Member State, change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.”

Or. fr

(https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1543420057169&uri=CELEX:02013R1308-20180101)

Justification

The aim of this amendment is to clarify the way in which the CMO rules on the responsibilities of interbranch organisations relate to competition law rules in line with the recent interpretation by the European Court of Justice. Article 210 is amended so it specifies that Article 101 does not apply to actions by interbranch organisations that are necessary in order to carry out their objectives as defined by the CMO, and an option is included for interbranch organisations to ask the Commission for an opinion. For the other activities not specified by the Regulation on the CMO the current notification procedure remains applicable.


Proposal for a regulationArticle 1 – paragraph 1 – point 26 c (new)Regulation (EU) No 1308/2013Article 210 – paragraph 2


(26c) In Article 210, paragraph 2 is amended as follows:

2. Paragraph 1 shall apply provided that: “2. Article 101(1) TFEU shall not apply to agreements, decisions and concerted practices of interbranch organisations

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recognised under Article 157 of this Regulation which concern activities other than the objectives listed in point (c) of Article 157(1) and, for the milk and milk products sector, in point (c) of Article 157(3), and, for the olive oil and table olives and tobacco sectors, in Article 162 of this Regulation provided that:

(a) the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and

(a) the agreements, decisions and concerted practices referred to therein have been notified to the Commission; and

(b) within two months of receipt of all the details required the Commission has not found that those agreements, decisions or concerted practices are incompatible with Union rules.


Where the Commission finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with Union rules, it shall set out its finding without applying the procedure referred to in Article 229(2) or (3).

Where the Commission finds that the agreements, decisions or concerted practices referred to in paragraph 2 are incompatible with Union rules, it shall set out its finding without applying the procedure referred to in Article 229(2) or (3).”

Or. fr


Justification


Amendment 591Jan Huitema, Fredrick Federley

Proposal for a regulationArticle 1 – paragraph 1 – point 26 b (new)

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Regulation (EU) No 1308/2013Article 210 – paragraph 4 a (new)


(26b) In Article 210 a new paragraph is inserted:

4a. Sustainability initiatives contributing to the objectives of the CAP as set out in Article 39 TFEU and, more specific, in Article 5 and 6 of the CAP Strategic Plan Regulation may be exempted from article 101(1) when conducted by recognised interbranch organisations. The Commission shall set clear preconditions and assess sustainability initiatives in a clearance procedure on basis of criteria that measure benefits for society as a whole, taken into account the functioning of the single market. The Commission is empowered to adopt delegated acts in accordance with Article 227 to supplementing this Regulation with further rules on sustainability initiatives.

Or. en

Justification

This paragraph legally effectuates the request of ComAGRI in the Opinion to the Annual Report on Competition Policy (2018/2102(INI)).


Proposal for a regulationArticle 1 – paragraph 1 – point 26 d (new)Regulation (EU) No 1308/2013Article 210 – paragraph 4


(26d) In Article 210, paragraph 4 is amended as follows:

4. Agreements, decisions and concerted practices shall in any case be declared

“4. Agreements, decisions and concerted practices shall in any case be incompatible

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incompatible with Union rules if they: with Union rules if they:

(a) may lead to the partitioning of markets within the Union in any form;


(b) may affect the sound operation of the market organisation;


(c) may create distortions of competition which are not essential to achieving the objectives of the CAP pursued by the interbranch organisation activity;


(d) entail the fixing of prices or the fixing of quotas;

(d) entail the obligation to apply a fixed price or fixed volumes;

(e) may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

(e) may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.”

Or. fr


Justification



Proposal for a regulationArticle 1 – paragraph 1 – point 26 e (new)Regulation (EU) No 1308/2013Article 210 – paragraph 5


(26e) In Article 210, paragraph 5 is amended as follows:

5. If, following the expiry of the two- “5. If, following the expiry of the two-

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month period referred to in point (b) of the first subparagraph of paragraph 2, the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, without applying the procedure referred to in Article 229(2) or (3), take a decision declaring that Article 101(1)TFEU applies to the agreement, decision or concerted practice in question.

month period referred to in point (b) of the first subparagraph of paragraph 2, the Commission finds that the conditions for applying paragraph 1 have not been met, it shall, without applying the procedure referred to in Article 229(2) or (3), take a decision declaring that in the future Article 101(1) TFEU applies to the agreement, decision or concerted practice in question.

That Commission decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

That Commission decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraphs 1 or 2.”

Or. fr


Justification



Proposal for a regulationArticle 1 – paragraph 1 – point 26 e (new)Regulation (EU) No 1308/2013Article 210 a (new)


(26e) In Part IV, Chapter I, the following Article 210a is added:

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Article 210a

Agreements and concerted practices of recognised interbranch organisations

1. Article 101(1) of the Treaty on the Functioning of the European Union shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation which are necessary in order to meet the objectives listed in point (c) of Article 157(1) of this Regulation, and, for the olive oil and table olive and tobacco sectors, Article 162 of this Regulation.

Agreements, decisions and concerted practices which fulfil the conditions referred to in paragraph 1 of this Article shall apply without any prior decision to that effect being required.

However, interbranch organisations recognised under Article 157 of this Regulation may ask the Commission for an opinion on the compatibility of these agreements, decision and concerted practices with the objectives listed in Article 39 of the Treaty on the Functioning of the European Union.

The Commission shall deal with requests for opinions promptly and shall send the applicant its opinion within two months of receipt of a complete request. The Commission may, at its own initiative or at the request of a Member State, change the content of an opinion, in particular if the applicant has provided inaccurate information or misused the opinion.

2. Article 101(1) of the Treaty on the Functioning of the European Union shall not apply to the agreements, decisions and concerted practices of interbranch organisations recognised under Article 157 of this Regulation which relate to activities other than the objectives listed in point (c) of Article 157(1) of this Regulation, and, for the olive oil and table olive and tobacco sectors, Article 162 of

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this Regulation, when:

(a) the agreements, decisions and concerted practices have been notified to the Commission; and


Where the Commission finds that the agreements, decisions or concerted practices referred to in paragraph 1 are incompatible with Union rules, it shall set out its finding without applying the procedure referred to in Article 229(2) or (3).

The agreements, decisions and concerted practices referred to in paragraph 2 shall take effect when the two-month period referred to in point (b) of the first subparagraph of paragraph 2 has elapsed.

3. Agreements, decisions and concerted practices shall in any case be declared incompatible with Union rules if they:




(d) entail the fixing of prices or the fixing of quotas;

(e) may create discrimination or eliminate competition in respect of a substantial proportion of the products in question.

That Commission decision shall not apply earlier than the date of its notification to the interbranch organisation concerned, unless that interbranch organisation has given incorrect information or abused the exemption provided for in paragraph 1.

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3. If the Commission finds that the conditions for applying paragraph 1 or, following the expiry of the two-month period referred to in point (b) of the first subparagraph of paragraph 2, the conditions for applying paragraph 2 have not been met, or are no longer met, it shall, without applying the procedure referred to in Article 229(2) or (3), take a decision declaring that in future Article 101(1) TFEU applies to the agreement, decision or concerted practice in question.

In the case of multiannual agreements, the notification for the first year shall be valid for the subsequent years of the agreement. However, in that event, the Commission may, on its own initiative or at the request of another Member State, issue a finding of incompatibility at any time.

Or. fr

Justification

This amendment seeks to extend the logic that has been applied since the agreement on the Omnibus regulation to Article 209, namely the possibility for interbranch organisations to obtain a letter of comfort for tasks which are defined by the CMO and given to those organisations. This would be in line with the European Parliament’s positions in its various reports on competition policy, and with the case-law of the European Court of Justice. Nonetheless, the amendment proposes retaining the notification procedure with regard to tasks outside the scope defined by the CMO.

Amendment 595Michel Dantin, Petri Sarvamaa, Albert Deß, Elsi Katainen, Ulrike Müller

Proposal for a regulationArticle 1 – paragraph 1 – point 26 a (new)Regulation (EU) No 1308/2013Article 214 a – introductory part


(26a) In Article 214a, the introductory part is replaced by the following :

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Subject to authorisation by the Commission, for the period 2014-2020, Finland may continue to grant national aids which it granted in 2013 to producers on the basis of Article 141 of the 1994 Act of Accession, provided that:

“Subject to authorisation by the Commission, for the period 2021-2027, Finland may continue to grant national aids which it granted in 2020 to producers on the basis of Commission Decision C(2014) 510 provided that”

Or. en


Justification

This amendment aims at safeguarding the continuation of production in certain specific sectors in Southern Finland, the aid scheme based on Article 214a of the Single CMO.


Proposal for a regulationArticle 1 – paragraph 1 – point 26 a (new)Regulation (EU) No 1308/2013Article 214a


(26a) Article 214a is amended as follows:

Subject to authorisation by the Commission, for the period 2014-2020, Finland may continue to grant national aids which it granted in 2013 to producers on the basis of Article 141 of the 1994 Act of Accession, provided that:

“Subject to authorisation by the Commission, for the period 2021-2027, Finland may continue to grant national aids which it granted in 2020 to producers on the basis of Commission Decision C(2014) 510, provided that:

(a) the amount of income aid is degressive over the whole period and in 2020 does not exceed 30 % of the amount granted in 2013; and

(a) the amount of income aid is degressive over the whole period, and;

(b) prior to any recourse to this possibility, full use has been made of the support schemes under the CAP for the sectors concerned.

(b) prior to any recourse to this possibility, full use has been made of the support schemes under the CAP for the sectors concerned.

The Commission shall adopt its authorisation without applying the

The Commission shall adopt its authorisation without applying the

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procedure referred to in Article 229(2) or (3) of this Regulation.

procedure referred to in Article 229 of this Regulation.”

Or. fr


Justification

In order to ensure that production is maintained in certain sectors in southern Finland, the aid scheme based on Article 214a of the single CMO must be extended under the next financial period.

Amendment 597Michel Dantin, Petri Sarvamaa, Albert Deß, Elsi Katainen, Ulrike Müller

Proposal for a regulationArticle 1 – paragraph 1 – point 26 b (new)Regulation (EU) No 1308/2013Article 214 a – point a


(26b) In Article 214a, the point a is replaced by the following :

(a) the amount of income aid is degressive over the whole period and in 2020 does not exceed 30 % of the amount granted in 2013; and

“a) the total amount of income aid is degressive over the whole period and”

Or. en


Justification

This amendment aims at safeguarding the continuation of production in certain specific sectors in Southern Finland, the aid scheme based on Article 214a of the Single CMO.


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Proposal for a regulationArticle 1 – paragraph 1 – point 26 f (new)Regulation (EU) No 1308/2013Chapter – I (new)


(26f) in Part V, the following Chapter -I is inserted:

CHAPTER -I - Transparency of the markets in agricultural products

Or. fr

Justification

This amendment seeks to add a new chapter to Part V of the single CMO regulation on the transparency of the markets in agricultural products.


Proposal for a regulationArticle 1 – paragraph 1 – point 26 g (new)Regulation (EU) No 1308/2013Article 218 a (new)


(26g) In Chapter -I of Title V, the following Article is inserted:

Article 218a

European Markets in Agricultural Products Observatory

1. In order to improve transparency within the agri-food supply chain, to illuminate the choices of economic operators and all public authorities and to facilitate the identification and recording of market developments, the Commission shall establish a European observatory of markets in agricultural products (hereinafter: the Observatory).

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2. The Observatory shall cover, as a minimum, the following agricultural sectors as defined in Article 1(1):

(a) cereals;

(b) sugar, sugar beet and sugar cane;

(c) olive oil;

(d) fruit and vegetables;

(e) wine;

(f) milk and milk products;

(g) beef and veal;

(h) pigmeat;

(i) sheepmeat and goatmeat;

(j) poultrymeat.

3. The Observatory shall collet the statistical data and information necessary for producing analyses and studies concerning:

(a) production and supply;

(b) price formation mechanisms and, as far as possible, profit margins throughout the agri-food supply chain in the Union and the Member States;

(c) price trends and, as far as possible, profit margins at all levels of the food supply chain in the Union and the Member States and in all agricultural and agri-food sectors;

(d) short- and medium-term market forecasts;

(e) trends in imports and exports of agricultural products, in particular the filling of tariff quotas for the importing of agricultural products into Union territory.

The Observatory shall produce annual reports containing the elements referred to in the first subparagraph and shall send them to the European Parliament and the Council.

4. The Member States shall collect the information referred to in paragraph 3 from agricultural products processing

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enterprises or other operators active in the trade of agricultural products, and shall send it to the Observatory.

This information shall be deemed confidential and the Observatory shall ensure that specific prices or names of individual economic operators are not published.

The Commission may adopt implementing acts to put in place a system of notification and reports in order to apply this paragraph. Those implementing acts shall be adopted in accordance with examination procedure referred to in Article 229(2).

Or. fr

Justification

This amendment seeks to add to the single CMO regulation an observatory of markets in agricultural products, based on the work of the various sectoral observatories established since 2012, in order to improve transparency within the agri-food supply chain, to illuminatethe choices of economic operators and all public authorities and to facilitate the identification and recording of market developments.


Proposal for a regulationArticle 1 – paragraph 1 – point 26 h (new)Regulation (EU) No 1308/2013Article 218 b (new)


(26h) in Section 1 of Chapter I of Part V, the following Article is inserted:

Article 218b

Early warning mechanism for market disruptions

The Observatory, established pursuant to Article 218a, shall set up an early warning mechanism and shall notify the

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Commission, the European Parliament and the Council of threats of market disruptions caused, in particular, by significant price rises or falls on internal or external markets or by other events or circumstances having similar effects.

This notification shall be accompanied by a recommendation concerning the responses to be made to prevent such threats or, if applicable, to address ongoing market disruptions in a concrete and effective manner.

The Commission shall have 30 days from the date of the Observatory’s notification to submit to the European Parliament and the Council appropriate measures to be adopted under this Regulation to tackle such market disruptions, or to give reasons for not taking such measures.

Or. fr

Justification

This amendment proposes the establishment by the European Observatory of markets in agricultural products an early warning mechanism designed to alert the Commission, the European Parliament and the Council to threats of market disruptions caused, in particular, by significant price rises or falls on internal or external markets or by other events or circumstances having a similar effect. It is proposed that such a notification shall trigger a response from the Commission to the co-legislators within the following 30 days.

Amendment 601Eric Andrieu

Proposal for a regulationArticle 1 – paragraph 1 – point 26 f (new)Regulation (EU) No 1308/2013Article 219 – paragraph 1 – subparagraph 4


(26f) in Article 219(1), subparagraph 4 is amended as follows:

Such measures may to the extent and for the time necessary to address the market

“Such measures may to the extent and for the time necessary to address the market

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disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or provide for export refunds, or suspend import duties in whole or in part including for certain quantities or periods as necessary.

disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, and other measures provided for in Articles 39 to 63 of Chapter III of the ‘Strategic Plans’ Regulation, or reinforce import controls, or downwardly or upwardly adjust import duties in whole or in part including for certain quantities or periods as necessary. They may also concern the adaptation of the entry scheme for fruit and vegetables through consultation with third countries that export to the European Union. Finally, they may provide for financial support in exchange for a voluntary undertaking to reduce production.”

Or. fr


Justification

The Commission has removed export subsidies, and the reference to these in Article 219 must therefore also be deleted. The measures also cover all the measures for preventing and managing crises contained in the sectoral interventions of the Strategic Plans for wine and fruit and vegetables. Reference should also be made to the possibility of downwardly or upwardly adjusting import duties following the removal of export subsidies. Finally, these measures may finance a reduction in production.


Proposal for a regulationArticle 1 – paragraph 1 – point 26 c (new)Regulation (EU) No 1308/2013Article 219 – paragraph 1 – subparagraph 4


(26c) In the Article 219, paragraph 1, the subparagraph 4 is replaced by the

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following:

Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or provide for export refunds, or suspend import duties in whole or in part including for certain quantities or periods as necessary.

“Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or suspend import duties in whole or in part including for certain quantities or periods as necessary.”

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1308-20180101)

Justification

The text removes references to export refunds.

Amendment 603Norbert Erdős



(26b) In Article 219, paragraph 1, subparagraph 4 is replaced by the following:


“Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation, or reinforce import controls, or downwardly or upwardly adjust import duties in whole or in part including for certain quantities or periods as necessary. They may also concern the adaptation of the entry price scheme for fruit and vegetables through consultation with third countries that export to the Union.”

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Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1308&from=en)

Justification

Since the Commission has deleted Articles 196 to 204 on export subsidies, the reference to these in Article 219 must also be deleted. Consequently, to maintain the balance between measures to be taken in the event of imbalances that push internal prices up or down, it would be appropriate to refer to the possibility to adjust duties up- or downward and not merely to suspend them, and then to reinforce import controls.


Proposal for a regulationArticle 1 – paragraph 1 – point 27 a (new)Regulation (EU) No 1308/2013Article 219 – paragraph 1 – subparagraph 4


(27a) in Article 219(1), the fourth subparagraph is replaced by the following:


Such measures may to the extent and for the time necessary to address the market disturbance or threat thereof extend or modify the scope, duration or other aspects of other measures provided for under this Regulation and other measures provided for in Articles 39 to 63 of Chapter III of the EU Regulation [CAP Strategic Plans Regulation], or provide for export refunds, or suspend import duties in whole or in part including for certain quantities or periods as necessary. In particular, the measures may provide for financial support in exchange for a voluntary undertaking to reduce production.”

Or. fr

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-

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20180101&from=EN)

Justification

This amendment seeks to adjust the wording in line with the amendments included in the Strategic Plans (transfers from the sectoral programmes) and to add a reference to a voluntary undertaking to reduce production.

Amendment 605Clara Eugenia Aguilera García

Proposal for a regulationArticle 1 – paragraph 1 – point 26 a (new)Regulation (EU) 1308/2013Article 219 – paragraph 1 a (new)


(26a) A new paragraph 1a is inserted in Article 219 as follows:

1a The Commission shall set, on the basis of the most recent objective data, for each sector or product, the reference level for considering disturbances of the market in each of them.

Or. es

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-20180101&qid=1543573613250&from=ES)

Justification

So that the agricultural sector can be resilient against growing price volatility, greater trade liberalisation, new environmental challenges and social demands in the EU, disturbances of the market need to be based on objective and transparent data, and the measures to be adopted by the European Commission and, where applicable, the use of crisis-reserve funds needs to be triggered and implemented on the basis of those objective parameters.

Amendment 606Esther Herranz García, Agustín Díaz de Mera García Consuegra, Ramón Luis Valcárcel Siso, Gabriel Mato

Proposal for a regulationArticle 1 – paragraph 1 – point 26 a (new)

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Regulation (EU) No 1308/2013Article 219 – Paragraph 1 a (new)


(26a) In Article 219, the following paragraph is added:

In pursuance of paragraph 1, when the observatory provided for in Article 18a detects price reductions to below average unit production costs that jeopardise the viability of the holdings, the European Commission shall take exceptional measures to support producers, which may include direct grants, production-adjustment programmes and/or market-intervention measures. In any event, rapid-response procedures shall be introduced, which shall prevent disturbances of the market over an extended period.

Or. es

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1308&from=EN)

Justification

There is a need to provide for agile measures to tackle market crises, using as a reference point the European Market Observatory proposed in the new Article 18a.


Proposal for a regulationArticle 1 – paragraph 1 – point 28 a (new)Regulation (EU) No 1308/2013Article 219 a (new)


(28a) The following Article is inserted:

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‘Article 219a

Volume Reduction Scheme

1. In the event of serious market disturbance, the Commission may decide to grant aid to producers in a specific sector listed in Article 1(2), who, during a defined period and on a voluntary basis, reduce their production compared to the same period of the previous year (reference period). The reduction period may be prolonged if deemed necessary.

2. During the reduction period, each producer who supplies a volume greater than that supplied during the reference period shall pay a market responsibility penalty according to the extent of his/her oversupply.

3. In this regard, the Commission shall be empowered to adopt delegated acts laying down the following points:

(a) Maximal supply volumes to be reduced at EU level, in the framework of the reduction scheme;

(b) The duration of the reduction period;

(c) The amount of aid to be paid to producers who reduce their volumes during the reduction period, and the financing arrangements for this aid;

(d) The amount of the market responsibility levy for producers who increase their volumes during the reduction period;

(e) The eligibility criteria for producers applying for aid under the reduction scheme;

(f) Specific conditions for implementing the scheme.’

Or. en

Amendment 608Sofia Ribeiro

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(26a) A new Article is inserted

Production curbing system

In the event of severe imbalances in the market and provided that production techniques allow it, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in view of granting aid to producers in a sector referred to in Article 1(2), who for a defined period shall reduce their delivery in comparison to the same period of the previous year, at an European level.

The aid shall be granted on the principle of an application by producers submitted within the Member State in which the producers are established, using the method laid down by the Member State concerned, but has to be transversal to all Member States. Member States may decide that applications for reduction aid are to be submitted on behalf of producers by recognised organisations or by cooperatives established in accordance with national law. In this case, Member States shall ensure that the aid is fully transmitted to producers who have effectively reduced their delivery.

If participation is insufficient to restore balance to the market, the Commission shall have the power to make the reduction of production obligatory for all producers of all Member States.

In order to ensure that this scheme is implemented effectively and appropriately, the Commission is empowered to adopt, in accordance with Article 227, delegated acts establishing:

a. the maximum total volume or quantity

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of delivery to be reduced at Union level in the framework of the reduction scheme;

b. the duration of the reduction period and, if necessary, its prolongation;

c. the amount of aid in accordance with the reduced volume or quantity and its financing arrangements;

d. the criteria for applicants to be eligible for the aid and for applications for aid to be admissible;

e. the specific conditions for the implementation of this scheme.

Or. en

Amendment 609Matt Carthy



(26a) Article 220 (new)

1. If the market falls into a state of a significant imbalance, the Commission can financially compensate the producers of the sectors listed in Article 1(2), who, during a defined period and on a voluntary basis, have reduced their production compared to the same period of the previous year.

2. Each producer who supplies a larger amount than during the reference period has to pay a market responsibility penalty according to the extent of his oversupply.

3. In order for this to be possible, the Commission shall adopt delegated acts laying down the following points:

a. Determination of the maximal supply volumes to be reduced on EU level in the

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framework of the reduction scheme

b. Determination of the duration of the reduction period

c. Determination of the amount to be paid to producers for reducing their volumes as well as of the details for funding the measures.

d. Determination of the amount of the market responsibility penalty for the producers who increase their supply during the reduction phase.

e. Determination of the criteria producers need to fulfil in order to be eligible for the reduction bonus as well as of the criteria for approving submitted applications.

f. Determination of specific conditions for implementing the programme.

Or. en


Proposal for a regulationArticle 1 – paragraph 1 – point 26 e (new)Regulation (EU) No 1308/2013Part V – Chapter I – Section 4 – title


(26e) Part V, Chapter I, Section 4, the title shall be replaced by the following:

Agreements and decisions during periods of severe imbalance in markets

‘Agreements and decisions to prevent market disturbances during periods of severe imbalance in markets’

Or. es

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-20180101&qid=1544449960291&from=EN)

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Proposal for a regulationArticle 1 – paragraph 1 – point 26 c (new)Regulation (EU) No 1308/2013Article 222 – Paragraph 1


(26c) Article 222(1) shall be amended as follows:

1. During and to prevent market disturbances, in accordance with Article 219, and periods of severe imbalance in markets, the Commission may adopt implementing acts to the effect that Article 101(1) TFEU is not to apply to agreements and decisions of farmers, farmers’ associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations in any of the sectors referred to in Article 1(2) of this Regulation, provided that such agreements and decisions do not undermine the proper functioning of the internal market, strictly aim to stabilise the sector concerned and fall under one or more of the following categories:

Or. es


Justification

The Commission needs to be able to take extraordinary steps to prevent crises, not just when there is a serious risk that severe market crises will develop and not just when such a crisis has already broken out. On the other hand, in view of the limited EU budget, the extension of rules should be made possible, so that the sector can fund the aforementioned measures and so that all operators in a sector share in the costs of measures intended to have an impact on the market that will benefit everyone.

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Proposal for a regulationArticle 1 – paragraph 1 – point 26 d (new)Regulation (EU) No 1308/2013Article 222, paragraph 1 a (new)


(26d) in Article 222, the following paragraph 1a is added:

2. The agreements and decisions adopted in respect of the previous paragraph by recognised producer organisations or recognised associations of producer organisations or recognised interbranch organisations can be extended in accordance with Article 164, with no need for those agreements to have any of the aims set out in Article 164(4), and under the conditions set by the Member State.

Or. es


Justification

It is proposed to include the option for producer organisations, associations of producer organisations or interbranch organisations to extend the rules of any agreements reached in pursuance of Article 222 for severe crisis situations.


Proposal for a regulationArticle 1 – paragraph 1 – point 26 c (new)Regulation (EU) No 1308/2013Article 222 – paragraph 3 a (new)


(26c) In Article 222, the following paragraph 3a is added:

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3a Where the Commission has authorised the agreements and decisions referred to in paragraph 1, the Member State concerned may, at the request of the farmers, farmers’ associations, or associations of such associations, or recognised producer organisations, associations of recognised producer organisations and recognised interbranch organisations taking part in such agreements and decisions, make these binding on other operators acting in the geographic area concerned, whether individuals or groups. The extension of rules may not exceed the timeframe referred to in paragraph 3.

Or. en




(27) In Article 225, points (a) to (d) are deleted;

(27) In Article 225, points (a), (c) and(d) are deleted;

Or. en

Justification

The milk market still requires monitoring, and reporting requirements here should not be deleted

Amendment 615Esther Herranz García


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Regulation (EU) No 1308/2013Article 225 – points a to d


27) In Article 225, points (a) to (d) are deleted;

deleted

Or. es

Justification

It is proposed to keep the European Commission’s periodic reports.


Proposal for a regulationArticle 1 – paragraph 1 – point 27 a (new)Regulation (EU) No 1308/2013Article 225 – point b


(27a) Article 225 point (b) is replaced by the following:

(b) by 30 June 2014 and also by 31 December 2018, on the development of the market situation in the milk and milk products sector, and in particular on the operation of Articles 148 to 151, Article 152(3) and Article 157(3), assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals;

“(b) every four years and for the first timeby 30 June 2022, on the development of the market situation in the milk and milk products sector, and in particular on the operation of Articles 148 to 151, Article 152(3) and Article 157(3), assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals;”

Or. en

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(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02013R1308-20180101)

Justification

The milk market still requires monitoring, and reporting requirements here should be updated.

Amendment 617Martin Häuslingon behalf of the Verts/ALE GroupAna Miranda

Proposal for a regulationArticle 1 – paragraph 1 – point 27 b (new)Regulation (EU) No 1308/2013Article 225 – point f a (new)


(27b) In Article 225, the following point is added:

‘(f a) by 31 December 2020, on its assessment of the self-regulatory proposals of the alcoholic beverage industry concerning the labelling of ingredients and nutritional declaration of all alcoholic beverages, to be accompanied by a legislative proposal determining the rules for a list of ingredients and a nutritional declaration for all alcoholic beverages, with exemptions for microproducers where appropriate.’

Or. en

Amendment 618Matt Carthy

Proposal for a regulationArticle 1 – paragraph 1 – point 27 b (new)Regulation (EU) No 1308/2013Article 225

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(27b) Article 225 is replaced by the following:

The Commission shall present a report to the European Parliament and to the Council:

“The Commission shall present a report to the European Parliament and to the Council:

(a) every three years and for the first time by21 December 2016the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems;

(a) every three years and for the first time by21 December 2016the implementation of the measures concerning the apiculture sector as set out in Articles 55, 56 and 57, including on the latest developments on beehive identification systems;

(b) by 30 June 2014 and also by 31 December 2018, on the development of the market situation in the milk and milk products sector, and in particular on the operation of Articles 148 to 151, Article 152(3) and Article 157(3), assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals;

(b) by 31 December 2018, on the development of the market situation in the milk and milk products sector, and inparticular on the operation of Articles 148 to 151, Article 152(3) and Article 157(3), assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions, and covering potential incentives to encourage farmers to enter into joint production agreements, together with any appropriate proposals;

(c) by 31 December 2014, on the possibility of extending the scope of the school schemes to include olive oil and table olives;

(ba) By 30 June 2019, the Commission’s strategy to use the provisions in this regulation effectively to prevent and manage internal agricultural market crises that may occur following the exit of the United Kingdom from the European Union.

(d) by 31 December 2017, on the application of the competition rules to theagricultural sector in all Member States, in particular on the operation of Articles 209 and 210, and of Articles 169, 170 and 171 in the sectors concerned;

(c) by31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

(e) by31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

(d) by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.”

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(f) by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.

Or. en



Proposal for a regulationArticle 1 – paragraph 1 – point 27 a (new)


(27a) In Article 225, the following point da is added:

(da) By 30 June 2019, on the Commission’s strategy to use the provisions in the Regulation effectively to prevent and manage internal agricultural market crises that may occur following the United Kingdom’s withdrawal.

Or. en

Justification

This article insists that the Commission establish reports on topics pertaining to the implementation of the Regulation. Considering the Commission’s subdued activity in terms of evaluating the first pillar of the CAP and in view of Brexit, it is important that the Commission proposes a crisis prevention and management strategy once the main Brexit scenarios will have been established.



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Regulation (EU) No 1308/2013Article 226


(28) In Part V, Chapter III covering Article 226 is deleted.

deleted

Or. en

Justification

I cannot agree with the transfer of the crisis reserve from the Single CMO regulation to the CAP Strategic Plan regulation. Rules on the crisis reserve, market interventions and private storage aid are better placed in the Single CMO regulation.

Amendment 621Tomáš Zdechovskýon behalf of the Committee on Budgetary Control



(28a) The following Article is added:

Article 226a

Performance framework

1. The Commission shall put in place a framework for reporting on, monitoring and evaluating the performance of the crisis management plan during its implementation.

2. The performance framework shall include the following elements:

(a) a common set of context, output, results and impact indicators, on which the monitoring and evaluation and the annual performance report shall be based;

(b) targets and annual milestones established for the relevant specific

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objectives, using result indicators;

(c) data collection, storage and transmission;

(d) annual performance reports on the crisis management plan for each of the outputs affected during the year;

(e) measures of the potential for rationalisation in the overall use of the EAGF;

3. The purpose of the performance framework shall be to:

(a) assess the impact, effectiveness, efficiency, relevance, coherence and EU added value of the CAP;

(b) report to the European Parliament and to the Council on the use of the prerogatives accorded to the Commission in respect of crisis prevention and management;

(c) move away from the current rationale for EAGF spending;

(d) foster a countercyclical approach in the guidance of agricultural markets and revenues, whereby the regulator of the agricultural sector, i.e. the Commission, makes optimal use of public funding in response to economic cycles, climate-related incidents and geopolitical tensions.

Or. en

Justification

This summarises Articles 91 and 113 of the draft Strategic Plans Regulation where Member States must submit and justify their choice to the Commission. The Commission should define its strategy in the event of crises so that it can be held accountable to Parliament and the Council. The clarification of its strategy is an essential prerequisite for Member States to be able, in turn, to establish their priorities.


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Proposal for a regulationArticle 1 – paragraph 1 – point 28 a (new)Regulation (EU) No 1308/2013Annex 1 – Part X – CN code – (aa) (new)


(28a) in Annex I, Part X, CN Code, the following new point (aa) is inserted:

(aa) 07096099 Other Peppers (Chilli pepper - Vegetarian pepper)

Or. fr


Proposal for a regulationArticle 1 – paragraph 1 – point 28 b (new)Regulation (EU) No 1308/2013Annex I – Part XXIII a (new)


(28b) in Annex I, the following new Part XXIIIa is inserted:

‘Animal genetics products

01012100 - Pure-bred breeding horses

010221 - Pure-bred domestic breeding bovines

01022110 - Pure-bred domestic breeding bovines (heifers)

01022190 - Pure-bred domestic breeding bovines (other than 01012110 or 01012130)

01023100 - Pure-bred breeding buffalo

01029020 - Live pure-bred breeding bovine animals, other than 010221 or 01023100

01031000 - Live pure-bred breeding swine

01041010 - Live pure-bred breeding sheep

01051111 - Fowls of the species Gallus

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domesticus: Grandparent and parent female chicks, laying stocks

01051119 - Fowls of the species Gallus domesticus: Grandparent and parent female chicks other than 01051111

04071100 - Fertilised eggs for incubation, from poultry of the species Gallus domesticus

040719 - Fertilised eggs for incubation other than 04071100

04071911 - Fertilised eggs for incubation, from turkey or geese

04071919 - Fertilised eggs for incubation, from poultry other than the species Gallus domesticus and other than turkey or geese

04071990 - Fertilised eggs for incubation other than from poultry

05111000 - Bovine semen

05119985 - Animal products not elsewhere specified or included, other than 05111000 (including mammalian semen other than bovine semen, mammalian ova and mammalian embryos)’

Or. fr


Proposal for a regulationArticle 1 – paragraph 1 – point 29 a (new)Regulation (EU) No 1308/2013Annex II – Part IX – paragraph 2a (new)


(29a) In part IX of Annex II, the following point is added:

(2a) ‘Beeswax’ is a substance that consists only of the secretion of wax glands of worker bees of the species Apis mellifera and is used for building hives.

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Or. en

Justification

We need to have an EU-definition for beeswax in order to efficiently combat the adulteration of bee products.


Proposal for a regulationArticle 1 – paragraph 1 – point 29 a (new)Regulation (EU) No 1308/2013Annex II – Part IX – paragraph 2 a (new)


(29a) in Part IX of Annex II, the following paragraph is added:

2a. ‘Royal jelly’ means the mixture of secretions from the hypopharyngeal and mandibular glands of worker bees, free from any additive. This substance is the food of larval and adult queen bees. It is a fresh, pure, natural and untreated product. It is a raw and natural food, which is not processed (except for being filtered) and free from additives. The colour, taste and chemical composition of royal jelly are determined by the absorption and transformation by the bees fed with two types of the following foods during the period of royal jelly production:

Type 1: jelly from bees fed solely on honey, nectar and pollen

Type 2: jelly from bees fed on honey, nectar and pollen and other foods (proteins, carbohydrates)

Or. fr

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Justification

This amendment seeks to expand the definition proposed by the rapporteur by setting out the ISO 12824 standard, the only official text providing an international definition of royal jelly.

Amendment 626Nuno Melo

Proposal for a regulationArticle 1 – paragraph 1 – point 29 a (new)Regulation (EU) No 1308/2013Annex II – part IX – paragraph 2 a (new)


(29a) In part IX of Annex II, the following point shall be added:

(2a) “Pollen pellets” are accumulated pollen grains harvested by worker bees of the species Apis mellifera, which is compacted on their hind legs with the help of honey and/or nectar and bees’secretion. The protein source for the colony, the product is natural, free from additives and harvested at the entrance to the hive.

Or. en


Proposal for a regulationArticle 1 – paragraph 1 – point 29 b (new)Regulation (EU) No 1308/2013Annex II – part IX – paragraph 2 b (new)


(29b) In part IX of Annex II, the following point shall be added:

(2b) ‘Bee pollen’ or ‘bee bread’ is pollen pellets balls packed into honey combcells by bees and which undergo natural processing leading to the presence of

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enzymes and commensal microbiota. It is used by nurse bees to feed the brood. Itmay not contain any additives except wax from the honeycomb cells.

Or. en


Proposal for a regulationArticle 1 – paragraph 1 – point 29 b (new)Regulation (EU) No 1308/2013Annex II – Part IX – paragraph 2b (new)


(29b) In part IX of Annex II, the following point is added:

(2b) ‘Royal jelly’ is a natural substance secreted by the hypopharyngeal and mandibular glands of nurse bees of the species Apis mellifera. This substance is mainly fed to larvae and queens; it is a fresh, natural, unprocessed product. It cannot be ultrafiltered and no substance may be added.

Or. en

Justification

We need to have an EU-definition for royal jelly in order to efficiently combat the adulteration of bee products.


Proposal for a regulationArticle 1 – paragraph 1 – point 29 c (new)Regulation (EU) No 1308/2013Annex II – Part IX – paragraph 2 c (new)

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(29c) In part IX of Annex II, the following point is added:

(2c) ‘Propolis’ is an exclusively natural, vegetable resin gathered by worker bees of the species Apis mellifera from certain plant sources, to which their own secretion (mainly beeswax and saliva) is added. The resin is mainly used to protect the hive.

Or. en

Justification

We need to have an EU-definition for propolis in order to efficiently combat the adulteration of bee products.


Proposal for a regulationArticle 1 – paragraph 1 – point 29 d (new)Regulation (EU) No 1308/2013Annex II – Part IX – paragraph 2d (new)


(29d) In part IX of Annex II, the following point is added:

(2d) ‘Pollen granules’ are accumulated pollen grains gathered be worker bees of the species Apis mellifera, which they compact with their hind legs using honey and/or nectar and bee secretion.

Or. en

Justification

We need to have an EU-definition for pollen granules in order to efficiently combat the adulteration of bee products.

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Proposal for a regulationArticle 1 – paragraph 1 – point 29 e (new)Regulation (EU) No 1308/2013Annex II – Part IX – paragraph 2e (new)


(29e) In part IX of Annex II, the following point is added:

(2e) ‘Bee pollen’ or ‘bee bread’ is pollen balls that are packed by bees in beehive cells and that undergo natural processing resulting in the presence of enzymes and commensal microbiota. It is used by nurse bees to feed the brood.

Or. en

Justification

We need to have an EU-definition for bee pollen and bee bread in order to efficiently combat the adulteration of bee products.


Proposal for a regulationArticle 1 – paragraph 1 – point 29 f (new)Regulation (EU) No 1308/2013Annex II – Part IX – paragraph 2f (new)


(29f) In part IX of Annex II, the following point is added:

(2f) ‘Bee venom’ is the secretion from a bee’s venom gland that is used by bees to defend the hive against attacks.

Or. en

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Justification

We need to have an EU-definition for bee venom in order to efficiently combat the adulteration of bee products.

Amendment 633Esther Herranz García

Proposal for a regulationArticle 1 – paragraph 1 – point 30 – point b


b) in Part B, Section I is deleted; deleted

Or. es

Justification

It is proposed to keep the cane sugar standards, which are necessary for contracts between farmers and industry, regardless of the scrapping of the quota system.




(b) in Part B, Section I is deleted; deleted

Or. en

Justification

I do not consider to delete quality standards on sugar beet.

Amendment 635Stanisław Ożóg, Zbigniew Kuźmiuk

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Or. pl

Justification

The definition of ‘standard quality sugar beets’ should be maintained. At present, the sector commonly refers to this definition for example, to calculate beet prices, which are adjusted according to deviations from the standard quality of beet (i.e. with a sugar content of 16%). The definition ‘standard quality sugar beets’ is also used elsewhere in Regulation 1308/2013, e.g. in Annex X ‘CONDITIONS OF PURCHASING BEETS IN THE PERIOD REFERRED TO IN ARTICLE 125 PARAGRAPH 3.

Amendment 636Beata Gosiewska




Or. pl

Amendment 637Paolo De Castro

Proposal for a regulationArticle 1 – paragraph 1 – point 31 a (new)Regulation (EU) No 1308/2013Annex VII – part –1 (new)


(31a) In Annex VII, the following part is inserted:

-1. Meat, meat products and meat preparations

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For the purposes of this Part of this Annex, “meat” means the edible parts of the animals as referred to in points 1.2 to 1.8 of Annex I of the Regulation EC 853/2004, including blood.

The meat-related terms and names that fall under Article 17 of Regulation (EU) No 1169/2011 and that are currently used for meat and meat cuts shall be reserved exclusively for edible parts of the animals.

“Meat preparations” mean fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes that do not alter the internal muscle fibre structure of the meat enough for the characteristics of fresh meat to be eliminated.

“Meat products” means processed products resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat.

Names that fall under Article 17 of Regulation (EU) No 1169/2011 that are currently used for meat products and meat preparations shall be reserved exclusively for products containing meat.

Poultry products and cuts defined in Regulation (EU) No 543/2008, which lays down detailed rules for the application of Council Regulation (EU) No 1234/2007 as regards the marketing standards for poultry meat shall be reserved exclusively for edible parts of the animals and products containing poultry meat.

Or. en

Amendment 638Mara Bizzotto, Angelo Ciocca

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EN

Proposal for a regulationArticle 1 – paragraph 1 – point 31 a (new)Regulation (EU) No 1308/2013Annex VII – part –1 (new)


(31a) In Annex VII, the following part is inserted:

-1. “meat” means the edible parts of the animals as referred to in points 1.2 to 1.8 of Annex I of the Regulation EC 853/2004, including blood.

The meat-related terms and names that fall under Article 17 of Regulation (EU) No 1169/2011 and that are currently used for meat and meat cuts shall be reserved exclusively for edible parts of the animals which do not fall into the scope of the Regulation (EU) No 2283/2015.

“Meat preparations” mean fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes that do not alter the internal muscle fibre structure of the meat enough for the characteristics of fresh meat to be eliminated.

“Meat products” means processed products resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat.

Names that fall under Article 17 of Regulation (EU) No 1169/2011 that are currently used for meat products and meat preparations shall be reserved exclusively for products containing meat.

Poultry products and cuts defined in Regulation (EU) No 543/2008, which lays down detailed rules for the application of Council Regulation (EU) No 1234/2007 as regards the marketing standards for poultry meat shall be reserved exclusively

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for edible parts of the animals and products containing poultry meat.

Or. en


Proposal for a regulationArticle 1 – paragraph 1 – point 31 a (new)Regulation (EU) No 1308/2013Annex VII – part I – point I


(31a) in Part I of Annex VII, point I is replaced by the following:

I. Definition “I. Definition and scope

For the purposes of this Part, “meat” means all carcases, meat on the bone or boned, and offal, whether or not cut, intended for human consumption, obtained from bovine animals aged less than 12 months, presented fresh, frozen or deep-frozen, whether or not wrapped or packed.

For the purposes of this Part, “meat” means all carcases, meat on the bone or boned, and offal, whether or not cut, intended for human consumption, obtained from bovine animals aged less than 12 months, presented fresh, frozen or deep-frozen, whether or not wrapped or packed.

None of the conditions referred to in this Annex shall apply to the meat of bovine animals for which a protected designation of origin or geographical indication was registered in accordance with Regulation (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs before 29 June 2017.”

Or. fr


Justification

This amendment seeks to correct the failure to include, in 2013, a derogation from the regulatory framework for bovine animals aged less than 12 months, dating from 2008. This derogation stipulated that PDOs and PGIs, already included in the framework, were excluded from this provision by derogation. However, the derogation was not included in full in the

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revision to the CMO that took place in 2013. Thus, inconsistencies and difficulties have resulted for the operators affected. It is therefore proposed that the previous wording should be re-established (paragraph 2 of Article 113b of the Single CMO Regulation No 361/2008)


Proposal for a regulationArticle 1 – paragraph 1 – point 31 a (new)Regulation (EU) No 1308/2013Annex VII – part I – title


(31a) The title of Part I is replaced by the following:

“Meat of bovine animals aged less than 12 months and meat of sheep less than 8 months.”

Or. en

Justification

The term ‘lamb’ is not harmonised at European level. A considerable proportion of animals aged over 8 months is however sold on the European market as ‘lamb’ even though it does not meet consumers’ expectations for instance in terms of tenderness. With factors like the reduced consumption of sheep meat, Brexit and negotiations on agreements with Australia and New Zealand, it seems necessary to avoid any abusive designation of lamb’s meat.


Proposal for a regulationArticle 1 – paragraph 1 – point 31 b (new)Regulation (EU) No 1308/2013Annex VII – part I – point II – title


(31b) In Title I, the title of point 11 is replaced by the following:

“II Classification of bovine animals aged less than 12 months and sheep aged less

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than 8 months at the slaughterhouse”

Or. en

Justification



Proposal for a regulationArticle 1 – paragraph 1 – point 31 c (new)Regulation (EU) No 1308/2013Annex VII – part I – point II – paragraph 1 a (new)


(31c) In Annex VII, part I, point II, the following paragraph is added:

On slaughter, all sheep aged less than 8 months shall be classified by the operators, under the supervision of the competent authority, in the following category: Category A: carcasses of sheep under 8 months old

Category identification letter A.

Or. en

Justification


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Proposal for a regulationArticle 1 – paragraph 1 – point 31 d (new)Regulation (EU) No 1308/2013Annex VII – part I – point III – paragraph 1 a (new)


(31d) In Annex VII, part I, point III, the following paragraph is added:

1a. The meat of sheep aged less than 8 months shall only be marketed in the Member States under the following sales description(s) laid down for each Member State:

Country of marketing

Sales descriptions to be used lamb

Or. en

Justification



Proposal for a regulationArticle 1 – paragraph 1 – point 31 e (new)Regulation (EU) No 1308/2013Annex VII – part I – point III – paragraph 3 – subparagraph 2


(31e) In Annex VII, part I, point III,paragraph 3, the subparagraph 2 is replaced by the following

Annex VII –part I –point III –paragraph 3 “In particular, the terms “veau”, “telecí”, “Kalb”, “μοσχάρι”, “ternera”, “kalv”,

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–subparagraph 2 “veal”, “vitello”, “vitella”, “kalf”, “vitela”and “teletina” shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months. Likewise, the term ‘lamb’may not be used in a sales description or be indicated on the labelling of the meat of sheep aged more than 8 months.”

In particular, the terms “veau”, “telecí”, “Kalb”, “μοσχάρι”, “ternera”, “kalv”, “veal”, “vitello”, “vitella”, “kalf”, “vitela”and “teletina” shall not be used in a sales description or be indicated on the labelling of the meat of bovine animals aged more than 12 months.

Or. en


Justification


Amendment 645Maria Lidia Senra Rodríguez

Proposal for a regulationArticle 1 – paragraph 1 – point 32Regulation (EU) No 1308/2013Annex VII – part II – points 18 and 19


32) in Part II of Annex VII, the following points (18) and (19) are added:

deleted

‘

18) The term ‘de-alcoholised’ may be used together with the name of the grapevine products referred to in points 1

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and 4 to 9, where the product:

a) is obtained from wine as defined in point 1, sparkling wine as defined in point 4, quality sparkling wine as defined in point 5, quality aromatic sparkling wine as defined in point 6, aerated sparkling wine as defined in point 7, semi-sparkling wine as defined in point 8, or from aerated semi-sparkling wine as defined in point 9;

b) has undergone a dealcoholisation treatment in accordance with the processes specified in Section E of Part I of Annex VIII; and

c) has a total alcoholic strength of no more than 0,5 % by volume.

19) The term ‘partially de-alcoholised’may be used together with the name of the grapevine products referred to in points 1 and 4 to 9, where the product:



c) has a total alcoholic strength of more than 0,5% by volume and following the processes specified in Section E of Part I of Annex VIII its total alcoholic strength is reduced by more than 20% by volume compared to its initial total alcoholic strength.’;

‘

Or. es

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Amendment 646Miguel Viegas



(32) in Part II of Annex VII, the following points (18) and (19) are added:

deleted

‘

(18) The term ‘de-alcoholised’ may be used together with the name of the grapevine products referred to in points 1 and 4 to 9, where the product:


b) has undergone a dealcoholisation treatment in accordance with the processes specified in Section E of Part I of Annex VIII; -

c) has a total alcoholic strength of no more than 0,5 % by volume.

(19) The term ‘partially de-alcoholised’may be used together with the name of the grapevine products referred to in points 1 and 4 to 9, where the product:


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b) has undergone a dealcoholisation treatment in accordance with the processes specified in Section E of Part I of Annex VIII; -

c) has a total alcoholic strength of more than 0,5 % by volume and following the processes specified in Section E of Part I of Annex VIII its total alcoholic strength is reduced by more than 20 % by volume compared to its initial total alcoholic strength.’;

‘

Or. pt

Amendment 647Marco Zullo, Ignazio Corrao, Rosa D’Amato




deleted

‘



b) has undergone a dealcoholisation treatment in accordance with the processes specified in Section E of Part I

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of Annex VIII; and

c) has a total alcoholic strength of no more than 0,5% by volume.





‘

Or. it

Amendment 648Mara Bizzotto, Angelo Ciocca, Giancarlo Scottà




deleted

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‘




c) has a total alcoholic strength of no more than 0,5% by volume.





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‘

Or. it

Amendment 649Norbert Erdős, Michel Dantin




deleted

‘


(a) is obtained from wine as defined in point 1, sparkling wine as defined in point 4, quality sparkling wine as defined in point 5, quality aromatic sparkling wine as defined in point 6, aerated sparkling wine as defined in point 7, semi-sparkling wine as defined in point 8, or from aerated semi-sparkling wine as defined in point 9;

(b) has undergone a dealcoholisation treatment in accordance with the processes specified in Section E of Part I of Annex VIII; and

(c) has a total alcoholic strength of no more than 0,5% by volume.


(a) is obtained from wine as defined in point 1, sparkling wine as defined in point 4, quality sparkling wine as defined in point 5, quality aromatic sparkling wine

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as defined in point 6, aerated sparkling wine as defined in point 7, semi-sparkling wine as defined in point 8, or from aerated semi-sparkling wine as defined in point 9;


(c) has a total alcoholic strength of more than 0,5% by volume and following the processes specified in Section E of Part I of Annex VIII its total alcoholic strength is reduced by more than 20% by volume compared to its initial total alcoholic strength.;

‘

Or. en

Justification

The creation of this new category of de-alcoholised wines does not correspond to the definition of wine in Annex VII Part II of the Single CMO Regulation. De-alcoholised wines require the addition of aromas to compensate for their loss in alcohol and are assimilated to industrial products. These wine-based products should not fall under Single CMO rules but rather under Regulation 251/2014 on aromatised wines.

Amendment 650Philippe Loiseau, Jacques Colombier

Proposal for a regulationArticle 1 – paragraph 1 – point 32Regulation (EU) No 1308/2013Annex VII – Part I – points 18 and 19



deleted

‘

(18) The term ‘de-alcoholised’ may be used together with the name of the grapevine products referred to in points 1

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and 4 to 9, where the product:



(c) has a total alcoholic strength of not more than 0,5 % vol.




(c) has a total alcoholic strength of more than 0,5% by volume and following the processes specified in Section E of Part I of Annex VIII its total alcoholic strength is reduced by more than 20% by volume compared to its initial total alcoholic strength.;

‘

Or. fr

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Amendment 651Herbert Dorfmann, Othmar Karas

Proposal for a regulationArticle 1 – paragraph 1 – point 32Regulation (EU) No 1308/2013Annex VII – part II – point 18 – introductory part



(18) “De-alcoholised wine’ or “de-alcoholised (followed by the name of the grapevine product category used for its production)” means a product which:

Or. en

Amendment 652John Stuart Agnew



(18) The term ‘de-alcoholised’ may be used together with the name of thegrapevine products referred to in points 1 and 4 to 9, where the product:

(18) “De-alcoholised wine” or “de-alcoholised (followed by the name grapevine product category used for its production)” means the product which:

Or. en

Amendment 653Nicola Caputo

Proposal for a regulationArticle 1 – paragraph 1 – point 32Regulation (EU) No 1308/2013Annex VII – Part II – Point 18 – introductory part


(18) The term ‘de-alcoholised’ may be (18) ‘De-alcoholised wine’ or ‘de-

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used together with the name of thegrapevine products referred to in points 1 and 4 to 9, where the product:

alcoholised (followed by the name grapevine product category used for its production)’ means the product which:

Or. en

Justification

The amendment aims at including these innovative products in the Common Market Organisation as a new category, for allowing a certain degree of flexibility when developing more detailed rules concerning their definition, presentation and the authorised production processes


Proposal for a regulationArticle 1 – paragraph 1 – point 32Regulation (EU) No 1308/2013Annex VII – part II – point 18 – letter a



(a) is obtained from wine, new wine still in fermentation, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, wine from raisined grapes, or from wine of overripe grapes;

Or. en

Justification

The Amendment aims at including innovative products in the Common Market Organisation as a new category, for allowing a certain degree of flexibility when developing more detailed rules concerning their definition, presentation and the authorised production process.


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(a) is not protected by a geographical indication (GI) and is obtained from wine, new wine still in fermentation, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, wine from raisined grapes, or from wine of overripe grapes;

Or. en

Justification

The amendment aims at including these innovative products in the Common Market Organisation as a new category, for allowing a certain degree of flexibility when developing more detailed rules concerning their definition, presentation and the authorised production processes.


Proposal for a regulationArticle 1 – paragraph 1 – point 32Regulation (EU) No 1308/2013Annex VII – part II – point 18 – letter b


(b) has undergone a dealcoholisation treatment in accordance with the processesspecified in Section E of Part I of Annex VIII; and

(b) has undergone a dealcoholisation treatment in accordance with the conditions specified in Section E of Part I of Annex VIII; and

Or. en

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EN






Or. en





(19) “Partially de-alcoholised wine” or “Partially de-alcoholised (followed by the name of the grapevine product category used for its production)”means the product which:

Or. en


Proposal for a regulationArticle 1 – paragraph 1 – point 32Regulation (EU) No 1308/2013Annex VII – Part II – Point 19 – introductory part

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(19) The term ‘partially de-alcoholised’may be used together with the name of thegrapevine products referred to in points 1 and 4 to 9, where the product:

(19) ‘Partially de-alcoholised wine’ or‘Partially de-alcoholised (followed by the name grapevine product category used for its production)’ means the product which:

Or. en

Justification





(19) The term ‘partially de-alcoholised’may be used together with the name of thegrapevine products referred to in points 1 and 4 to 9, where the product:

(19) “Partially de-alcoholised wine” or “Partially de-alcoholised (followed by the name grapevine product category used for its production)” means the product which:

Or. en




(a) is obtained from wine as defined in (a) is not protected by a geographical

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point 1, sparkling wine as defined in point 4, quality sparkling wine as defined in point 5, quality aromatic sparkling wine as defined in point 6, aerated sparkling wine as defined in point 7, semi-sparkling wine as defined in point 8, or from aerated semi-sparkling wine as defined in point 9;

indication (GI) and is obtained from wine, new wine still in fermentation, liqueur wine, sparkling wine, quality sparkling wine, quality aromatic sparkling wine, aerated sparkling wine, semi-sparkling wine, aerated semi-sparkling wine, wine from raisined grapes, or from wine of overripe grapes;

Or. en

Justification







Or. en

Amendment 663Esther Herranz García, Ramón Luis Valcárcel Siso, Gabriel Mato, Esteban González Pons, Agustín Díaz de Mera García Consuegra

Proposal for a regulationArticle 1 – paragraph 1 – point 32Regulation (EU) No 1308/2013Annex VII – part II – point 19 a (new)

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(19a) In part II Annex VII, the following point shall be added:

‘Chaptalised wine’ shall be used when the wine is obtained from fermentation of the grape or of its must and the addition of sucrose.

Or. es

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32013R1308&from=EN)

Justification

Consumers should have correct information on the nature of the product they are consuming.


Proposal for a regulationArticle 1 – paragraph 1 – point 32 a (new)Regulation (EU) No 1308/2013Annex VII – Part I


(32a) -”Meat” means the edible parts of the animals as referred to in points 1.2 to 1.8 of Annex I of the Regulation EC 853/2004, including blood.

- The meat-related terms and names that fall under Article 17 of Regulation (EU) No 1169/2011 and that are currently used for meat and meat cuts shall be reserved exclusively for edible parts of the animals.

- “Meat preparations” mean fresh meat, including meat that has been reduced to fragments, which has had foodstuffs, seasonings or additives added to it or which has undergone processes that do not alter the internal muscle fibre structure of the meat enough for the

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characteristics of fresh meat to be eliminated.

- “Meat products” means processed products resulting from the processing of meat or from the further processing of such processed products, so that the cut surface shows that the product no longer has the characteristics of fresh meat.

- Names that fall under Article 17 of Regulation (EU) No 1169/2011 that are currently used for meat products and meat preparations shall be reserved exclusively for products containing meat.

Poultry products and cuts defined in Regulation (EU) No 543/2008, which lays down detailed rules for the application of Council Regulation (EU) No 1234/2007 as regards the marketing standards for poultry meat shall be reserved exclusively for edible parts of the animals and products containing poultry meat.

Or. en


Proposal for a regulationArticle 1 – paragraph 1 – point 32 a (new)Regulation (EU) No 1308/2013Annex VII – Part II – Point 19 a (new)


(32a) In Part II of Annex VII, the following new point 19a is added:

‘Chaptalised wine’ shall be used when the wine is obtained from fermentation of the grape or of its must and the addition of sucrose

Or. es

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02013R1308-

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20180101&qid=1543573613250&from=ES)

Justification

The Commission proposal adds two new wine product categories: 18) ‘de-alcoholised wine’and 19) ‘partially de-alcoholised wine’, distinguished by their definition, preparation and oenological practices. Consequently, another new category should be added, namely 19a) ‘chaptalised wines’, so that consumers have correct information on the true nature of the product they are buying or drinking.

Amendment 666Norbert Lins

Proposal for a regulationArticle 1 – paragraph 1 – point 32 a (new)Regulation (EU) No 1308/2013Annex VII – Part III – point 6 – paragraph 1


(32a) In Annex VII, part III, point 6, the paragraph 1 is replaced by the following:

6. In respect of a product other than those described in points 1, 2 and 3 of this Part, no label, commercial document, publicity material or any form of advertising as defined in Article 2 of Council Directive 2006/114/EC (34) or any form of presentation may be used which claims, implies or suggests that the product is a dairy product

“6. In respect of a product other than those described in points 1, 2 and 3 of this Part, the following shall be prohibited:

(a) any direct or indirect commercial use of a dairy protected designation in respect of products not covered by the protection where those products are comparable to the products protected under that designation or where using the designation exploits the reputation of the protected designation;

(b) any misuse, comparison, imitation or evocation, even if the true nature of the product is indicated or if the protected designation is translated or accompanied by an expression such as ‘style’, ‘type’, ‘imitation’, ‘alternative to’, ‘to be used as’or similar;

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(c) any other false or misleading indication as to the nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and the packing of the product in a container liable to convey a false impression as to its true characteristics;

(d) any other practice liable to mislead the consumer as to the true nature of the product”

Or. en


Justification

The misuse of the term “milk” or “dairy” of producers of plant-based products is growing. This paragraph needs to be clarified in order to protect dairy products efficiently


Proposal for a regulationArticle 1 – paragraph 1 – point 32 a (new)Regulation (EU) No 1308/2013Annex VII – Part VIII a (new)


(32a) The following new Part is inserted in Annex VII:

Meat and products of animal origin

I. Definition

For the purposes of this Part: “meat”means all animal carcases, meat on the bone or boned, and offal, whether or not cut, intended for human consumption, obtained from bovine animals, sheep, swine, horse, goat or poultry, presented fresh, frozen or deep-frozen, whether or not wrapped or packed; “products of

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animal origin” means: all products obtained from meat as defined above.

II. Use of the designations associated with “meat” and “products of animal origin”

The designations usually used to denote “meat” and “products of animal origin”as defined above may not be used to describe, promote or market food products primarily made up of proteins of vegetable origin. These designations include, for example:

- Steak �

- Sausage �

- Escalope �

- Burger �

- Hamburger

Or. fr

Justification

This amendment’s aim is to prohibit certain commercial practices that are misleading for consumers, which link, in particular, terms such as “steak”, “sausage”, “escalope”, “burger” or “hamburger” to products not wholly made up of meat. Thus, and in line with the dairy sector, where the rules on designations were set out by the Court of Justice of the European Union in a judgment of 14 June 2017, since a meat product is exclusively derived from animal matter, those must be its ingredients.


Proposal for a regulationArticle 1 – paragraph 1 – point 32 a (new)Regulation (EU) No 1308/2013Annex VIII – Part II – point D – paragraph 3


(32a) in point D of Part II of Annex VIII, paragraph 3 is replaced by the following:

3. The pressing of wine lees and the re-fermentation of grape marc for purposes

“3. The pressing of wine lees and the re-fermentation of grape marc for purposes

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other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered to be pressing where the products obtained are of sound, fair and marketable quality.

other than distillation, methanisation, composting or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered to be pressing where the products obtained are of sound, fair and marketable quality.”

Or. fr


Justification

This amendment echoes the amendments proposed in the regulation on the CAP Strategic Plans, aiming to make methanisation and composting centres eligible in the same way as distilleries, since they contribute to making good use of and processing vinification residue (wine marc and wine lees) and therefore to protecting the environment. To achieve this, and as is the case for distillation, natural fermentation of the wine marc is necessary in order to derive benefit from it.

Amendment 669Laurenţiu Rebega

Proposal for a regulationArticle 1 – paragraph 1 – point 32 a (new)Regulation (EU) No 1308/2013Annex VII – Appendix I – paragraph 1 – point 2 – letter g


(32a) In Appendix I, point 2, letter g shall be replaced by

(g) in Romania, in the area of Podișul Transilvaniei;

‘(g) in Romania, the wine-growing region of Podișul Transilvaniei;’

Or. ro

(https://eur-lex.europa.eu/legal-content/RO/TXT/HTML/?uri=CELEX:32013R1308&from=ro)


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Proposal for a regulationArticle 1 – paragraph 1 – point 32 b (new)Regulation (EU) No 1308/2013Annex VII – Part III – Paragraph 5


(32b) in Part III of Annex VII, paragraph 5 is amended as follows:

5. The designations referred to in points 1, 2 and 3 may not be used for any product other than those referred to in that point. However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product.

“5. The designations referred to in points 1, 2 and 3 may not be used for any product other than those referred to in that point.

These designations shall also be protected from:

(a) any direct or indirect commercial use of the designation:

(i) for comparable products or products presented as capable of being substituted not complying with the corresponding definition;

(ii) in so far as such use exploits the reputation associated with the designation;

(b) any misuse, imitation or evocation, even if the composition or true nature of the product or service is indicated or accompanied by an expression such as “style”, “type”, “method”, “as produced in”, “imitation”, “flavour”, “substitute”, “like” or similar;

(c) any other commercial indication or practice likely to mislead the consumer as to the product’s true nature or composition. However, this provision shall not apply to the designation of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product.”

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Or. fr


Justification

This amendment’s aim is to ensure better protection of designations, and to ensure that consumers are better informed. To take the example of milk, it takes its substance from the TofuTown judgment of 14 June 2017, in which the Court of Justice made it clear that designations of milk and milk products could not be used for a plant-based product.

Amendment 671Laurenţiu Rebega

Proposal for a regulationArticle 1 – paragraph 1 – point 32 b (new)Regulation (EU) No 1308/2013Annex VII – appendix 1 – paragraph 1 – point 4 – letter f


(32b) Annex VII – appendix 1 – point 4 – letter f shall be replaced by

(f) in Romania, areas planted with vines in the following regions: Dealurile Buzăului, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the South wine region, including sands and other favourable regions.

‘(f) in Romania, areas planted with vines in the following regions: Dealurile Buzăului, Munteniei and Olteniei, Dealu Mare, Severinului and Plaiurile Drâncei, Colinele Dobrogei, Terasele Dunării, the sandsregion and other favourable lands in the South of the country;’

Or. ro

(https://eur-lex.europa.eu/legal-content/RO/TXT/HTML/?uri=CELEX:32013R1308&from=ro)

Amendment 672Philippe Loiseau, Jacques Colombier

Proposal for a regulationArticle 1 – paragraph 1 – point 33Regulation (EU) No 1308/2013Annex VIII – Part I – point I

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(33) in Part I of Annex VIII, the following Section E is added:

deleted

‘

E. ‘E. Dealcoholisation processes

The following dealcoholisation processes, whether used each of its own or in combination, shall be allowed to reduce part of or almost all the ethanol content in grapevine products referred to in points 1 and 4 to 9 of Part II of Annex VII:

(a) partial vacuum evaporation;

(b) membrane techniques;

(c) distillation.

The dealcoholisation processes shall not result in organoleptic defects of the grapevine product. The elimination of ethanol in grapevine product must not be done in conjunction with the increase of the sugar content in the grape must.’.

‘

Or. fr

Amendment 673Mara Bizzotto, Angelo Ciocca, Giancarlo Scottà

Proposal for a regulationArticle 1 – paragraph 1 – point 33Regulation (EU) No 1308/2013Annex VIII – Part I – point E



deleted

‘

E. Dealcoholisation processes

The following dealcoholisation processes, whether used each of its own or in

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combination, shall be allowed to reduce part of or almost all the ethanol content in grapevine products referred to in points 1 and 4 to 9 of Part II of Annex VII:

a) partial vacuum evaporation;

b) membrane techniques;

c) distillation.

The dealcoholisation processes shall not result in organoleptic defects of the grapevine product. The elimination of ethanol in grapevine product must not be done in conjunction with the increase of the sugar content in the grape must.’.

‘

Or. it

Amendment 674Norbert Erdős, Michel Dantin

Proposal for a regulationArticle 1 – paragraph 1 – point 33Regulation (EU) No 1308/2013Annex VIII – part I – section E



deleted

‘



(a) partial vacuum evaporation;

(b) membrane techniques;

(c) distillation.

The dealcoholisation processes shall not result in organoleptic defects of the

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grapevine product. The elimination of ethanol in grapevine product must not be done in conjunction with the increase of the sugar content in the grape must..

‘

Or. en

Justification

The creation of this new category of de-alcoholised wines does not correspond to the definition of wine in Annex VII Part II of the Single CMO Regulation. De-alcoholised wines require the addition of aromas to compensate for their loss in alcohol and are assimilated to industrial products. These wine-based products should not fall under Single CMO rules butrather under Regulation 251/2014 on aromatised wines.


Proposal for a regulationArticle 1 – paragraph 1 – point 33Regulation (EU) No 1308/2013Annex VIII – Part I – Section E



deleted

‘



a) partial vacuum evaporation;

b) membrane techniques;

c) distillation.

The dealcoholisation processes shall not result in organoleptic defects of the grapevine product. The elimination of ethanol in grapevine product must not be

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done in conjunction with the increase of the sugar content in the grape must.’.

‘

Or. pt


Proposal for a regulationArticle 1 – paragraph 1 – point 33Regulation (EU) No 1308/2013Annex VIII – Part I – Point E – introductory part



The following dealcoholisation processes, whether used each of its own or in combination, shall be allowed to reduce part of or almost all the ethanol content in grapevine products referred to in points 1 to 9, 15 and 16 of Part II of Annex VII:

Or. en

Justification

The Amendment aims at providing the necessary flexibility for the integration of possible new technologies for the de-alcoholisation of wines. The basic text should set the general principles for use, while secondary legislation shall be the place where concrete authorised techniques are defined.


Proposal for a regulationArticle 1 – paragraph 1 – point 33Regulation (EU) No 1308/2013Annex VIII – Part I – Section E – point c a (new)


(ca) other processes authorised in accordance with Article 80.

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Or. en

Justification

The Amendment aims at providing the necessary flexibility for the integration of possible new technologies for the de-alcoholisation of wines. The basic text should set the general principles for use, while secondary legislation shall be the place where concrete authorised techniques are defined.

Amendment 678Angélique Delahaye

Proposal for a regulationArticle 1 – paragraph 1 – point 33 a (new)Regulation (EU) No 1308/2013Annex VIII – Part II – point D – paragraph 3


(33a) in Point D of Part II of Annex VIII, paragraph 3 is amended as follows:

3. The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered to be pressing where the products obtained are of sound, fair and marketable quality.

“3. The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation, methanisation, composting or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered to be pressing where the products obtained are of sound, fair and marketable quality.”

Or. fr



Proposal for a regulationArticle 1 – paragraph 1 – point 33 a (new)Regulation (EU) No 1308/2013Annex VIII – Part II – point D

PE632.002v01-00 88/157 AM\1171815EN.docx

EN


(33a) in point D of Part II of Annex VIII, paragraph 3 is amended as follows:

3. The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered to be pressing where the products obtained are of sound, fair and marketable quality.

“ 3. The pressing of wine lees and the re-fermentation of grape marc for purposes other than distillation, methanisation, composting or production of piquette is prohibited. The filtering and centrifuging of wine lees shall not be considered to be pressing where the products obtained are of sound, fair and marketable quality.”

Or. fr


Justification

Methanisation and composting centres, like distilleries, contribute to making good use of and processing vinification residue (wine marc and wine lees) and therefore to protecting the environment. To achieve this, and as is the case for distillation, natural fermentation of the wine marc is necessary in order to derive benefit from it.


Proposal for a regulationArticle 1 – paragraph 1 – point 33 a (new)Regulation (EU) No 1308/2013Annex X – point II – paragraph 2


(33a) in Point II of Annex X, paragraph 2 is replaced by the following:

2. The price referred to in paragraph 1 shall apply to sugar beet of a standard quality as defined in point B of Annex III.

“2. The price referred to in paragraph 1 shall apply to sugar beet of a standard quality as defined by the parties.”

Or. fr

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Justification

This amendment aims to adjust Annex X, on the sugar beet sector, to the end of the quota system. As the Commission is in fact proposing to delete point B of Annex III, it is necessary to secure the positions of planters and processing enterprises, by specifying that the standard quality must now be defined by the parties.


Proposal for a regulationArticle 1 – paragraph 1 – point 33 b (new)Regulation (EU) No 1308/2013Annex X – point XI – paragraph 1


(33b) in point XI of Annex X, paragraph 1 is replaced by the following:

1. Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall contain arbitration clauses.

“1. Agreements within the trade as described in point 6 of Section A of Part II of Annex II shall contain conciliation or mediation mechanisms or arbitration clauses.”

Or. fr


Justification

The amendment proposes alternative mechanisms for settling disputes other than arbitration clauses, which have proven to be expensive for the parties attending.


Proposal for a regulationArticle 1 – paragraph 1 – point 33 c (new)Regulation (EU) No 1308/2013Annex X – point IX – paragraph 4 a (new)

PE632.002v01-00 90/157 AM\1171815EN.docx

EN


(33c) in point IX of Annex X, the following paragraph is added:

4a. A sugar undertaking and the beet sellers concerned may agree on value sharing clauses, including market bonuses and losses, determining how any evolution of relevant market prices of sugar or other commodity markets is to be allocated between them.

Or. fr

Justification

This amendment seeks to insert into Regulation No 1308/2013 the value sharing clause in the sugar sector established under Commission Delegated Regulation (EU) 2016/1166 of 17 May 2016. It is also proposed that these value sharing clauses could cover the introduction of relevant jointly agreed indicators for determining prices.


Proposal for a regulationArticle 2 – paragraph -1 (new)Regulation (EU) No 1151/2012Article 1 – paragraph 2 – point b


-1. Paragraph 2(b) of Article 1 is amended as follows:

(b) value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing.

“(b) value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing or, where applicable, their contribution to sustainable development.”

Or. fr


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Justification

In order to meet the expectations of EU consumers and citizens it is important for products benefiting from a designation of origin or a geographical indication to take sustainable development into account.

Amendment 684Ivan Jakovčić

Proposal for a regulationArticle 2 a (new)Regulation (EU) No 1151/2012Article 1 – paragraph 2


Article 2a

In Article 1, paragraph 2 is amended as follow:

2. This Regulation establishes quality schemes which provide the basis for the identification and, where appropriate, protection of names and terms that, in particular, indicate or describe agricultural products with:(a) value-adding characteristics; or(b) value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing.

“This Regulation establishes quality schemes which provide the basis for the identification and, where appropriate, protection of names and terms that, in particular, indicate or describe agricultural products with: (a) value-adding characteristics; or (b) value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing or, where appropriate, of their contribution to sustainable development.”

Or. en



Proposal for a regulationArticle 2 – paragraph 1 – point -1 (new)Regulation (EU) No 1151/2012Article 1 – paragraph 2 – point b

PE632.002v01-00 92/157 AM\1171815EN.docx

EN


(-1) in Article 1(2), point (b) is replaced by the following:

(b) value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing.

“(b) value-adding attributes as a result of the farming or processing methods used in their production, or of the place of their production or marketing or, where applicable, their contribution to sustainable development.”

Or. fr


Justification

The amendment seeks to respond to the growing expectations of EU consumers and citizens, by opening up the possibility for the specifications of high-quality products to contribute to sustainable development and for the products to be recognised for that contribution.


Proposal for a regulationArticle 2 – paragraph 1 – point 1Regulation (EU) No 1151/2012Article 2 – paragraph 2


3. This Regulation, and in particular the registrations made pursuant to Article 52, shall be without prejudice to compliance of products concerned with other Union rules relating in particular to the placing of products on the market, marketing and to food labelling.;

deleted

Or. en

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Proposal for a regulationArticle 2 – paragraph 1 – point 2 a (new)Regulation (EU) No 1151/2012Article 5 – paragraph 1 – introductory sentence


(2a) In Article 5, paragraph 1, the introductory sentence is replaced by the following:

1. For the purpose of this Regulation, ‘designation of origin’ is a name traditionally used in a specific place which identifies a product:

Or. en


Proposal for a regulationArticle 2 – paragraph 1 – point 1 a (new)Regulation (EU) No 1151/2012Article 5 – paragraph 1– introductory sentence


(1a) in Article 5(1), the introductory sentence is amended as follows:

1. For the purpose of this Regulation, ‘designation of origin’ is a name which identifies a product:

“1. For the purpose of this Regulation, ‘designation of origin’ is a name traditionally used in a specific place which identifies a product:”

Or. fr


Justification

As for wine, the definition of ‘designation of origin’ for agricultural products and foodstuffs

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uses the definition laid down internationally in the Lisbon Agreement.




(2) in Article 5(1), point (b) is replaced by the following:

deleted

‘

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

‘

Or. fr

Justification

This amendment seeks to reject the Commission’s proposal, which would constitute a genuine lessening of the requirements to be met in order to obtain a PDO and would change the concept of a PDO, which is closely linked to the geographical environment, which must, of necessity, include natural and human factors.




(2b) In Article 5, paragraph 1, the introductory part is modified as following:

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1. For the purpose of this Regulation, ‘designation of origin’ is a name which identifies a product:

“1. For the purpose of this Regulation, ‘designation of origin’ is a name traditionally used in a specific placewhich identifies a product:”

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32012R1151&from=IT)




(2a) In article 5, paragraph 2, the introduction part is modified as following:

2. For the purpose of this Regulation, ‘geographical indication’ is a name which identifies a product:

“2. For the purpose of this Regulation, ‘geographical indication’ is a name traditionally used in a specific placewhich identifies a product:”

Or. en





In Article 5, the paragraph 2 is replaced by the following:

1. For the purpose of this Regulation, ‘geographical indication’ is a name

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traditionally used in a specific place which identifies a product:

Or. en




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

2. A name may not be registered as a designation of origin or geographical indication where it conflicts with a name of a plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product.

“2. A name may not be registered as a designation of origin or geographical indication where it conflicts with a name ofa plant variety or an animal breed and is likely to mislead the consumer as to the true origin of the product and to cause confusion between products with the registered designation and the variety or breed in question.

This shall take into consideration the following:

(a) actual use of the name of the plant variety or animal breed in the sales description;

(b) any duplication of names which might result from the registration;

(c) the extension of use of the plant variety or animal breed outside its area of origin.”

Or. fr


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Justification

This amendment seeks to set out clearly the methods for registering PDOs/PGIs where the name conflicts with the breed and/or variety, instead of merely relying on the principle of not misleading consumers as to the real origin of the product. This proposal is in line with Article 3(3) of Implementing Regulation 1898/2006 for former Regulation No 510/2006.


Proposal for a regulationArticle 2 – paragraph 1 – point 3Regulation (EU) No 1151/2012Article 7 – paragraph 1 – point b


(3) in Article 7(1), point (d) is deleted; deleted

Or. fr

Justification

This amendment seeks to reject the Commission’s proposal, the effect of which is to distort an essential element of the credibility of geographical indication systems, and which does not contribute to the aim of increasing the reliability of controls and the homogeneity of the provisions on traceability and checks on products.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 b (new)Regulation (EU) No 1151/2012Article 7 – paragraph 1 – point e


(4b) In Article 7(1), point (e) is replaced by the following:

(e) a description of the method of obtaining the product and, where appropriate, the authentic and unvarying local methods as well as information concerning packaging,

“(e) a description of the method of obtaining the product and, where appropriate, its contribution to sustainable development, the authentic and unvarying

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if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;

local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;”

Or. fr


Justification

The amendment seeks to respond to the growing expectations of EU consumers and citizens, by opening up the possibility for the specifications of high-quality products to contribute to sustainable development and for the products to be recognised for that contribution.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 a (new)Regulation (EU) No 1151/2012Article 7 – paragraph 1 – point d


(4a) in Article 7(1), point (d) is replaced by the following:

(d) evidence that the product originates in the defined geographical area referred to in Article 5(1) or (2);

“(d) evidence of traceability proving that the product originates in the defined geographical area referred to in Article 5(1) and (2);”

Or. fr


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Justification

The amendment seeks to clarify an essential element of the EU’s quality policy and to increase the reliability of controls and the homogeneity of the provisions on traceability and checks on products in Member States.




(3b) Article 7 - paragraph 1 is replaced by the following:

1. A protected designation of origin or a protected geographical indication shall comply with a specification which shall include at least:(a) the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;(b) a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product;(c) the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3);(d) evidence that the product originates in the defined geographical area referred to in Article 5(1) or (2);(e) a description of the method of obtaining the product and, where appropriate, the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives sufficient product-specific justification as to why the

“1. A protected designation of origin or a protected geographical indication shall comply with a specification which shall include at least:(a) the name to be protected as a designation of origin or geographical indication, as it is used, whether in trade or in common language, and only in the languages which are or were historically used to describe the specific product in the defined geographical area;(b) a description of the product, including the raw materials, if appropriate, as well as the principal physical, chemical, microbiological or organoleptic characteristics of the product;(c) the definition of the geographical area delimited with regard to the link referred to in point (f)(i) or (ii) of this paragraph, and, where appropriate, details indicating compliance with the requirements of Article 5(3);(d) evidence that the product originates in the defined geographical area referred to in Article 5(1) or (2);(e) a description of the method of obtaining the product and, where appropriate, the contribution to sustainable development, the authentic and unvarying local methods as well as information concerning packaging, if the applicant group so determines and gives

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packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;(f) details establishing the following:(i) the link between the quality or characteristics of the product and the geographical environment referred to in Article 5(1); or(ii) where appropriate, the link between a given quality, the reputation or other characteristic of the product and the geographical origin referred to in Article 5(2);(g) the name and address of the authorities or, if available, the name and address of bodies verifying compliance with the provisions of the product specification pursuant to Article 37 and their specific tasks;(h) any specific labelling rule for the product in question.

sufficient product-specific justification as to why the packaging must take place in the defined geographical area to safeguard quality, to ensure the origin or to ensure control, taking into account Union law, in particular that on the free movement of goods and the free provision of services;”

Or. en





(4) in paragraph 1 of Article 10, the introductory sentence is replaced by the following:

deleted

‘

‘ A reasoned statement of opposition as referred to in Article 51(1) shall be admissible only if it is received by the Commission within the time limit set out in that paragraph and if it:’;

AM\1171815EN.docx 101/157 PE632.002v01-00

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‘

Or. en

Justification

Status quo should be maintained.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 c (new)Regulation (EU) No 1151/2012Article 11 – paragraph 2


(4c) in Article 11, paragraph 2 is replaced by the following:

2. Geographical indications pertaining to products of third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the register. Unless specifically identified in the said agreement as protected designations of origin under this Regulation, such names shall be entered in the register as protected geographical indications.

“2. Geographical indications pertaining to products of third countries that are protected in the Union under an international agreement to which the Union is a contracting party may be entered in the register if the agreement so provides. Unless specifically identified in the said agreement as protected designations of origin under this Regulation, such names shall be entered in the register as protected geographical indications.”

Or. fr


Justification

The amendment seeks to make it clear that registration in the register of products of third countries that are protected under an international agreement to which the Union is a contracting party may be carried out if the agreement in question so provides. This will harmonise the Commission’s practices and specify the cases of use of indications and logos for products of third countries protected by an international agreement.

PE632.002v01-00 102/157 AM\1171815EN.docx

EN


Proposal for a regulationArticle 2 – paragraph 1 – point 4 d (new)Regulation (EU) No 1151/2012Article 12 – paragraph 3


(4d) in Article 12, paragraph 3 is replaced by the following:

3. In the case of products originating in the Union that are marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the Union symbols associated with them shall appear on the labelling. In addition, the registered name of the product should appear in the same field of vision. The indications ‘protected designation of origin’ or ‘protected geographical indication’ or the corresponding abbreviations ‘PDO’ or ‘PGI’ may appear on the labelling.

“3. In the case of products originating in the Union that are marketed under a protected designation of origin or a protected geographical indication registered in accordance with the procedures laid down in this Regulation, the Union symbols associated with them shall appear on the labelling, advertising material and documents relating to the product involved. In addition, the registered name of the product should appear in the same field of vision and in a prominent place, so that it is easily visible, clearly readable and, if applicable, indelible. It must under no circumstances be concealed, obscured, damaged or interrupted by any other written or pictorial element or any other intermediate document. The indications ‘protected designation of origin’ or ‘protected geographical indication’ or the corresponding abbreviations ‘PDO’ or ‘PGI’ may appear on the labelling.”

Or. fr


Justification

The amendment seeks to prevent the abuses currently taking place and to propose that the protected name appears in a readable and visible manner and without any obstacle making it difficult for the consumer to see it on product labelling, as well as on distance selling

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material, advertising and documents included with the products.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 e (new)Regulation (EU) No 1151/2012Article 12 – paragraph 6 – subparagraph 1 a (new)


(4e) in Article 12, the following subparagraph is added to paragraph 6:

In the case of products from third countries protected by an international agreement to which the Union is a contracting party and which are not marketed under a name entered in the register, the indications referred to in paragraph 3 or the Union symbols associated with them may not appear on the labelling.

Or. fr

Justification

This amendment seeks to make it clear that placing the GIO and PDO indications and EU logos corresponding to the Union is not possible on the labelling of products from third countries which are protected under an international agreement to which the Union is a contracting party and which are not in the register.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 a (new)Regulation (EU) No 1151/2012Article 13 – Paragraph 1


(4a) Article 13(1)(a) is amended as

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follows:

(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation, albeit diminished or diluted, of the protected name, including when those products are used as an ingredient;

Or. es


Justification

This amendment is intended to strengthen the system safeguarding any protected designation of origin or protected geographical indication.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 a (new)Regulation (EU) No 1151/2012Article 13 – paragraph 1 – point a


(4a) In Article 13(1), point (a) is amended as follows:

(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including when those products are used as an ingredient;

“(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits, lessens or dilutes the reputation of the protected name, including when those products are used as an ingredient;”

Or. fr

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Justification

As for wine, this amendment seeks to strengthen the protection system for protected names for agricultural products and foodstuffs.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 b (new)Regulation (EU) No 1151/2012Article 13 – Paragraph 1 – point d a (new)


(4b) in Article 13(1), the following new point is added:

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

Or. es


Justification

It is important to strengthen the system for safeguarding geographical indications online.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 b (new)Regulation (EU) No 1151/2012Article 13 – Paragraph 1 – Point d a (new)

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EN


(4b) in Article 13, the following new paragraph is inserted:

(da) any registration in bad faith of a domain name that is similar or likely to lead to confusion, in full or in part, with a protected name.

Or. fr

Justification

As for wine, it is important to reinforce the protection system for protected names by adding to legislation currently in force.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 f (new)Regulation (EU) No 1151/2012Article 13 – paragraph 1 – point a


(4f) in Article 13(1), point (a) is replaced by the following:

(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including where those products are used as an ingredient;

“(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where thoseproducts are comparable to the products registered under that name or where using the name exploits, lessens or dilutes the reputation of the protected name, including when those products are used as an ingredient;”

Or. fr


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Justification

The amendment seeks to harmonise this Regulation with the additions made by the rapporteur to the single CMO regulation (Amendment 34), with a view to consistency.


Proposal for a regulationArticle 2 – paragraph 1 – point 4 g (new)Regulation (EU) No 1151/2012Article 13 – paragraph 1 – point d a (new)


(4g) in Article 13(1), the following new point is inserted:

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

Or. fr

Justification

The amendment seeks to harmonise this Regulation with the additions made by the rapporteur to the single CMO regulation (Amendment 34), with a view to consistency.


Proposal for a regulationArticle 2 – paragraph 1 – point 5Regulation (EU) No 1151/2012Article 13 – point 4


4. The protection referred to in paragraph 1 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

4. The protection referred to in paragraph 1 shall also apply with regard to the delegation of protected designations of origin or protected geographical indications as second-level domains within the top-level domains of the

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through means of electronic commerce.’; national codes of the EU and its Member States, as well as with regard to goods sold through means of electronic commerce. Only the Member States from which the protected designations of origin or the protected geographical indications originate, or the producer groups [referred to in Article 45] concerned may obtain such a delegation.

Or. it




4. The protection referred to in paragraph 1 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.;

4. The protection referred to in paragraph 1 shall also apply with regard to goods identical to the PDO/PGI registered in the EU 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.;

Or. en

Justification

I think that the scope of this sentence has to tightened to those transit goods which are identical to the PDO/PGI registered goods.



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Regulation (EU) No 1151/2012Article 13 – paragraph 4


4. The protection referred to in paragraph 1 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.’;

4. The protection referred to in paragraph 1 shall also apply with regard to goods in transit within the meaning of point 44 of Article 3 of Regulation (EU) No 2017/625 and with regard to goods offered for sale through a means of distance communication;

Or. fr

Justification

The amendment seeks to clarify the Commission’s proposal in order to better cover the transit system and the distance selling system, which is a wider term than ‘electronic commerce’.




(5a) In Article 13, paragraph 1, the point a is replaced by the following:

(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits, weakens or dilutes, the reputation of the protected name, including when those products are used as an ingredient;

Or. en

PE632.002v01-00 110/157 AM\1171815EN.docx

EN




(5a) In Article 13, the paragraph 1 is replaced by the following:

1. Registered names shall be protected against:

“1. Registered names shall be protected against:

(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits the reputation of the protected name, including when those products are used as an ingredient;

(a) any direct or indirect commercial use of a registered name in respect of products not covered by the registration where those products are comparable to the products registered under that name or where using the name exploits, weakens or dilutes the reputation of the protected name, including when those products are used as an ingredient;

(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, including when those products are used as an ingredient;

(b) any misuse, imitation or evocation, even if the true origin of the products or services is indicated or if the protected name is translated or accompanied by an expression such as ‘style’, ‘type’, ‘method’, ‘as produced in’, ‘imitation’ or similar, including when those products are used as an ingredient;

(c) any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and 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 that is used on the inner or outer packaging, advertising material or documents relating to the product concerned, and 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.

Where a protected designation of origin or a protected geographical indication contains within it the name of a product which is considered to be generic, the use

Where a protected designation of origin or a protected geographical indication contains within it the name of a product which is considered to be generic, the use

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of that generic name shall not be considered to be contrary to points (a) or (b) of the first subparagraph.

of that generic name shall not be considered to be contrary to points (a) or (b) of the first subparagraph.”

Or. en



Proposal for a regulationArticle 2 – paragraph 1 – point 5 b (new)Regulation (EU) No 1151/2012Article 13 – point 1 – point d a (new)


(5b) In Article 13, paragraph 1, the following point is inserted:

(da) any registration, in bad faith, of a domain name that is similar or liable to cause confusion, in full or in part, with a protected name.

Or. en


Proposal for a regulationArticle 2 – paragraph 1 – point 5 a (new)Regulation (EU) No 1151/2012Article 14


(5a) Article 14 is replaced by the following:

1. Where a designation of origin or a geographical indication is registered under this Regulation, the registration of a trade mark the use of which would contravene Article 13(1) and which relates to a product

“1. Where a designation of origin or a geographical indication is registered under this Regulation, The registration of a trade mark the use of which would contravene Article 103(2), and which relates to a

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of the same type shall be refused if the application for registration of the trade mark is submitted after the date of submission of the registration application in respect of the designation of origin or the geographical indication to the Commission.

product falling under one of the categories listed in Part II of Annex VII shall be refused if the application for registration of the trade mark is submitted after the date of submission of the registration application in respect of the designation of origin or the geographical indication to the Commission.

Trade marks registered in breach of the first subparagraph shall be invalidated. The provisions of this paragraph shall apply notwithstanding the provisions of Directive 2008/95/EC.

Trade marks registered in breach of the first subparagraph shall be invalidated.

2. Without prejudice to Article 6(4), a trade mark the use of which contravenes Article13(1) which has been applied for, registered, or established by use if that possibility is provided for by the legislation concerned, in good faith within the territory of the Union, before the date on which the application for protection of the designation of origin or geographical indication is submitted to the Commission, may continue to be used and renewed for that product notwithstanding the registration of a designation of origin or geographical indication, provided that no grounds for its invalidity or revocation exist under Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (22) or under Directive 2008/95/EC. In such cases, the use of the protected designation of origin or protected geographical indication shall be permitted as well as use of the relevant trade marks.

2. Without prejudice to Article 101(2), a trade mark the use of which contravenes Article 90 (1) of Regulation (EU) No 1306/2013 which has been applied for, registered or established by use in good faith within the territory of the Union, before the date on which the application for protection of the designation of origin or geographical indication is submitted to the Commission, may continue to be used and renewed for that product notwithstandingthe registration of a designation of origin or geographical indication, provided that no grounds for its invalidity or revocation exist under Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (1) or under Directive 2008/95/EC. In such cases, the use of the protected designation of origin or protected geographical indication shall be permitted as well as use of the relevant trade marks.”

Or. en

(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012R1151&from=IT)


Proposal for a regulationArticle 2 – paragraph 1 – point 6 – point a

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Regulation (EU) No 1151/2012Article 15 – paragraph 1


(a) in paragraph 1, the second subparagraph is replaced by the following:

deleted

‘

Those implementing acts shall be adopted without applying the examination procedure referred to in Article 57(2).;

‘

Or. fr

Justification

The amendment seeks to reject the Commission’s proposal, the effect of which would be to exclude the committee of Member States when certain transitional periods are being granted.

Amendment 716Manolis Kefalogiannis

Proposal for a regulationArticle 2 – paragraph 1 – point 6 – point aRegulation (EU) No 1151/2012Article 15 – point 1



deleted

Or. en

Justification

The examination procedure referred to in Article 57(2)- quality committee, is a guarantee for the all procedure. This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.

PE632.002v01-00 114/157 AM\1171815EN.docx

EN


Proposal for a regulationArticle 2 – paragraph 1 – point 6 – point bRegulation (EU) No 1151/2012Article 15 – paragraph 2


(b) in paragraph 2, the introductory sentence is replaced by the following:

deleted

‘

Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article in justified cases where it is shown that:;

‘

Or. fr

Justification

The amendment seeks to reject the Commission’s proposal, which aims to cease the practice of laying down a maximum duration for certain transitional periods. That would lessen the protection of geographical indications and result in confusion for consumers and unfair treatment for producers.

Amendment 718Nikos Androulakis



‘Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article in justified cases where it is shown that:’;

‘Without prejudice to Article 14, the Commission may adopt implementing acts extending the transitional period mentioned in paragraph 1 of this Article to 15 years in justified cases where it is shown that:’;

AM\1171815EN.docx 115/157 PE632.002v01-00

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Or. en


Proposal for a regulationArticle 2 – paragraph 1 – point 6 – point b a (new)Regulation (EU) No 1151/2012Article 15 – paragraph 4


(ba) in Article 15, paragraph 4 is replaced by the following:

4. To overcome temporary difficulties with the long-term objective of ensuring that all producers in the area concerned comply with the specification, a Member State may grant a transitional period of up to 10 years, with effect from the date on which the application is lodged with the Commission, on condition that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least the five years prior to the lodging of the application to the authorities of the Member State and have made that point in the national opposition procedure referred to in Article 49(3).

“4. To overcome temporary difficulties with the long-term objective of ensuring that all producers in the area concerned comply with the specification, a Member State may grant a transitional period of up to 10 years, with effect from the date on which the application is lodged with the Commission, on condition that the operators concerned have legally marketed the products in question, using the names concerned continuously for at least the five years prior to the launch of the national opposition procedure referred to in Article 49(3) and have made that point in the said procedure.”

Or. fr


Justification

The amendment seeks to clarify the very restrictive wording, which would entail going back to the time when the application was lodged, namely a time when the content of the specification was not definitively set and/or the situation of the operators may be different from the situation at the time of the national opposition procedure. The amendment proposes referring to the national opposition procedure at the stage when the specification has been definitively set.

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EN




(7a) in Article 18, paragraph 3 is deleted.

Or. fr

Justification

The amendment seeks to strengthen the protection for traditional specialties guaranteed in order to prevent products with a similar name that do not comply with the specification of a registered traditional specialty guaranteed being marketed and therefore appropriating the reputation of products under the registered traditional specialty guaranteed.




(8) in paragraph 1 of Article 21, the introductory sentence is replaced by the following:

deleted

‘

A reasoned statement of opposition as referred to in Article 51(1) shall be admissible only if it is received by the Commission before expiry of the time limit and if it:;

‘

Or. en

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Justification





(8a) in Article 23, paragraph 3 is replaced by the following:

3. In the case of the products originating in the Union that are marketed under a traditional speciality guaranteed that is registered in accordance with this Regulation, the symbol referred to in paragraph 2 shall, without prejudice to paragraph 4, appear on the labelling. In addition, the name of the product should appear in the same field of vision. The indication ‘traditional speciality guaranteed’ or the corresponding abbreviation ‘TSG’ may also appear on the labelling.

“3. In the case of the products originating in the Union that are marketed under a traditional speciality guaranteed that is registered in accordance with this Regulation, the symbol referred to in paragraph 2 shall, without prejudice to paragraph 4, appear on the labelling, advertising material and documents relating to the product involved. In addition, the name of the product should appear in the same field of vision and in a prominent place, so that it is easily visible, clearly readable and, if applicable, indelible. It must under no circumstances be concealed, obscured, damaged or interrupted by any other written or pictorial element or any other intermediate document. The indication ‘traditional speciality guaranteed’ or the corresponding abbreviation ‘TSG’ may also appear on the labelling.”

Or. fr


Justification

The amendment seeks to prevent the abuses currently taking place and to propose that the

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protected name appears in a readable and visible manner and without any obstacle making it difficult for the consumer to see it on product labelling, as well as on distance selling material, advertising and documents included with the products.


Proposal for a regulationArticle 2 – paragraph 1 – point 9Regulation (EU) No 1151/2012Article 24 a – paragraph 2



Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 57(2).

Or. fr

Justification

The amendment seeks to maintain the process of making a reference to the committee of Member States within the context of the examination procedure.

Amendment 724Momchil Nekov



9 (a) The following Article 33a is inserted:

‘Article 33a

Additional rules concerning the use of an optional quality term ‘mountain product’

Member States are in a position to authorise the placement of a product, using the optional quality term ‘mountain

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product’, if the rules for its production are not in breach of the production and labelling requirements of a mountain product in the given country if it has such.’

Or. bg

Amendment 725Nikos Androulakis

Proposal for a regulationArticle 2 – paragraph 1 – point 10Regulation (EU) No 1151/2012Article 49 – Paragraph 8 and 9


(10) in Article 49, the following paragraphs 8 and 9 are added:

deleted

‘

8. The Member State shall inform the Commission without delay if any procedure is initiated before a national court or other national body concerning an application lodged with the Commission, in accordance with paragraph 4.

9.

Where appropriate, the Commission may adopt implementing acts to suspend the scrutiny of the application for registration referred to in Article 50 until a national court or other national body has adjudicated on a challenge to an application for registration where the Member State has taken a favourable decision in a national procedure in accordance with paragraph 4.


‘

PE632.002v01-00 120/157 AM\1171815EN.docx

EN

Or. en


Proposal for a regulationArticle 2 – paragraph 1 – point 10 – introductory partRegulation (EU) No 1151/2012Article 49 – paragraph 9


(10) in Article 49, the following paragraphs 8 and 9 are added:

(10) in Article 49, the following paragraph 8 is added:

Or. fr

Amendment 727Manolis Kefalogiannis

Proposal for a regulationArticle 2 – paragraph 1 – point 10Regulation (EU) No 1151/2012Article 49 – Paragraph 8



deleted

(This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Or. en

Justification

It is not certain that the Member States will be aware of these appeals. This is because the process of examining the appeal at national level could take many years and delay the

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registration of the name. Additionally such appeals at national level should not prevent the Commission from examining the application. From our experience so far, a positive evaluation by the Commission has been a deterrent to appeals at national level.


Proposal for a regulationArticle 2 – paragraph 1 – point 10Regulation (EU) No 1151/2012Article 49 – Paragraph 8



8. The Member State shall inform the Commission without delay if any procedure is initiated before a national court or other national body concerning a final decision by the competent national authority on an application lodged with the Commission, in accordance with paragraph 4.

Or. en

Justification

It would be too bureaucratic if Member States should inform the Commission on any legal steps concerning an application. It would be enough to tighten this obligation to final national decisions.


Proposal for a regulationArticle 2 – paragraph 1 – point 11Regulation (EU) No 1151/2012Article 50 – paragraph 1 – subparagraph 1


The Commission shall examine applications for registration that it receives in accordance with Article 49(4) and (5). The Commission shall review the

The Commission shall examine applications for registration that it receives in accordance with Article 49(4) and (5). The Commission shall review the

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applications for manifest errors, taking into account the outcome of the scrutiny and opposition procedure carried out by the Member State concerned.

applications received following the scrutiny and opposition procedure carried out by the Member State concerned to see whether they contain any manifest errors.

Or. fr

Justification

The amendment seeks to clarify the wording of this new paragraph.


Proposal for a regulationArticle 2 – paragraph 1 – point 12 – point aRegulation (EU) No 1151/2012Article 51 – paragraph 1


(a) paragraph 1 is replaced by the following:

deleted

‘

1.

Within three months from the date of publication in the Official Journal of the European Union, the authorities of a Member State or of a third country, or a natural or a legal person having a legitimate interest and established in a third country may lodge a reasoned statement of opposition with the Commission.

A natural or a legal person having a legitimate interest, established or resident in a Member State other than that from which the application was submitted, may lodge a reasoned statement of opposition with the Member State in which it is resident or established within a time limit permitting an opposition to be lodged pursuant to the first subparagraph.;

‘

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Or. en

Justification





(b) paragraph 2 is replaced by the following:

deleted

‘

2. The Commission shall examine the admissibility of the reasoned statement of opposition based in particular on grounds of opposition laid down in Article 10 as regards protected designations of origin and protected geographical indications and based in particular on the grounds for opposition laid down in Article 21 as regards traditional specialities guaranteed.;

‘

Or. en

Justification




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EN

Regulation (EU) No 1151/2012Article 53 – paragraph 2 – point b


(b) it risks to void the links referred to in point (b) of Article 5(1) for protected designations of origin and of Article 5(2) for protected geographical indications;

(b) Member State authorities officially state that it risks to void the links referred to in point (b) of Article 5(1) for protected designations of origin and of Article 5(2) for protected geographical indications;

Or. en

Justification

We have to decide that the responsibility on determining of the occurrence of risks will bear who.


Proposal for a regulationArticle 2 – paragraph 1 – point 14Regulation (EU) No 1151/2012Article 53 – paragraph 2 – point b


(b) it risks to void the links referred to in point (b) of Article 5(1) for protected designations of origin and of Article 5(2) for protected geographical indications;

(b) it risks distorting the links referred to in point (b) of Article 5(1) for protected designations of origin and of Article 5(2) for protected geographical indications;

Or. fr

Justification

The amendment seeks to harmonise the concept used with Regulation No 1308/2013 and that regulation’s implementing acts. It is in fact more relevant to speak of the distortion of the link rather than the voiding of the link, which amounts to the disappearance of the PGI or the PDO, because if the link were to be completely called into question within the context of an amendment to the specification, that would mean losing the elements providing grounds for the registration of the name.

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Proposal for a regulationArticle 2 – paragraph 1 – point 14Regulation (EU) No 1151/2012Article 53 – Paragraph 2 – last subparagraph


Amendments shall be scrutinised taking into account other elements of the product specifications. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.

The scrutiny of the application shall focus on the proposed amendment.

Or. es

Justification

The scrutiny of the application shall focus on the proposed amendment to ensure faster and more efficient adoption of amendments to product specifications.


Proposal for a regulationArticle 2 – paragraph 1 – point 14Regulation (EU) No 1151/2012Article 53 – paragraph 2 – last subparagraph


Amendments shall be scrutinised taking into account other elements of the product specifications. Where appropriate, the Commission or the Member State concerned may invite the applicant to modify other elements of the product specifications.

The scrutiny of the application shall focus on the proposed amendment.

Or. en

PE632.002v01-00 126/157 AM\1171815EN.docx

EN


Proposal for a regulationArticle 2 – paragraph 1 – point 14Regulation (EU) No 1151/2012Article 53 – paragraph 2 a (new)


2a. Article 15 of this Regulation applies also to the Union’s requests for amendment and standard amendments to a specification.

Or. fr

Justification

The amendment seeks to make it clear, for reasons of legal certainty, that Article 15 on transitional periods applies to amendments to the specification (amendments by the Union and standard amendments).


Proposal for a regulationArticle 2 – paragraph 1 – point 14 a (new)Regulation (EU) No 1151/2012Article 53 – paragraph 3 a (new)


(14a) In Article 53, the following new paragraph is added:

(3a) The Commission shall adopt guidelines setting out criteria and a common methodology for the application of and compliance with the administrative processing of amendments to product specifications, both EU and normal, to ensure consistency in the application of normal amendments at national level.

Within a three-year period of the reform coming into force, the Commission shall conduct an initial assessment of the

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effectiveness of the administrative processing of amendments to product specifications, both EU and normal, to assess the impact and consistency of the application of the reform at national level. After the assessment, the Commission shall present a report on the main conclusions to the European Parliament and to the Council.

Or. es

Justification

The adoption of guidelines that set out criteria and a common methodology for the administrative processing of amendments to the product specifications, both EU and normal, will enable consistent application of the PDO/PGI concept throughout the EU and ensure equal conditions between the various Member States.


Proposal for a regulationArticle 2 – paragraph 1 – point 14 a (new)Regulation (EU) No 1151/2012Article 53 – paragraph 3 a new


(14a) In Article 53, the following paragraph is added:

Article 53 (3a) “3a. The Commission shall adopt guidelines setting out criteria and a common methodology for the implementation and enforcement of the administrative process of Union and standard amendments to product specifications, in order to assure coherence in the implementation of standard amendments at national level.

Within 3 year of entry into force of thereform, the Commission shall carry out a first evaluation of the effectiveness of the administrative process of Union and standard amendments to product specification, in order to assess the impact

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and coherence of the reform implementation at national level. Following the evaluation, the Commission shall present a report of the main findings to the European Parliament and to the Council.”

Or. en



Proposal for a regulationArticle 2 – paragraph 1 – point 14 a (new)Regulation (EU) No 1151/2012Article 53 – paragraph 3 a (new)


(14a) 4. The Commission shall adopt guidelines setting out criteria and a common methodology for the implementation and enforcement of the administrative process of Union and standard amendments to product specifications, in order to assure coherence in the implementation of standard amendments at national level. Within 3 year of entry into force of the reform, the Commission shall carry out a first evaluation of the effectiveness of the administrative process of Union and standard amendments to product specification, in order to assess the impact and coherence of the reform implementation at national level. Following the evaluation, the Commission shall present a report of the main findings to the European Parliament and to the Council.

Or. en

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Proposal for a regulationArticle 2 – paragraph 1 – point 15Regulation (EU) No 1151/2012Annex I – point 1


- aromatised wines as defined in Article 3(2) of Regulation (EU) No 251/2014;

deleted

Or. en

Justification

The creation of this new category of aromatised wines does not correspond to this regulation. Aromatised wines require the addition of aromas to compensate for their loss in alcohol and are assimilated to industrial products. These wine-based products should not fall under Single CMO rules and under the rules of this regulation, but rather under Regulation 251/2014 on aromatised wines.


Proposal for a regulationArticle 2 – paragraph 1 – point 15Regulation (EU) No 1151/2012Annex I – point 1 – new indent


wine propagating material

Or. en

Justification

It shall be made possible to geographically protect wine propagating materials in the EU.


PE632.002v01-00 130/157 AM\1171815EN.docx

EN

Proposal for a regulationArticle 2 – paragraph 1 – point 15Regulation (EU) No 1151/2012Annex I – Point I – new indent


- — prepared meals.

Or. fr

Justification

The amendment seeks to extend the scope of designations of origin and geographical indications referred to in Article 2(1) to prepared meals, which are products that have been prepared, like the bread, pastry, cakes, confectionery, biscuits and other baker’s wares already included in point I of this Annex.

Amendment 743Momchil Nekov

Proposal for a regulationArticle 2 – paragraph 1 – point 15Regulation (EU) No 1151/2012Annex I – point 1 – new indent


– beeswax;

Or. bg


Proposal for a regulationArticle 3 – paragraph 3Regulation (EU) No 251/2014Article 2 – point 3


(3) in Article 2, point 3 is deleted; deleted

Or. en

AM\1171815EN.docx 131/157 PE632.002v01-00

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Justification

The creation of this new category of aromatised wines does not correspond to this regulation. Aromatised wines require the addition of aromas to compensate for their loss in alcohol and are assimilated to industrial products. These wine-based products should not fall under Single CMO rules, but rather under Regulation 251/2014 on aromatised wines. The deletion is not justified here.


Proposal for a regulationArticle 3 – paragraph 3 a (new)Regulation (EU) No 251/2014Article 3 – paragraph 1 – point c a (new)


(3a) In Article 3, paragraph 1, the following point is added:

“(ca) dealcoholised aromatised wine products:”

Or. en


Proposal for a regulationArticle 3 – paragraph 3 b (new)Regulation (EU) No 251/2014Article 3 – paragraph 4 a (new)


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

“4a. Dealcoholised aromatised wine product is a drink:

(a) obtained under the conditions specified in paragraph 2, 3 and 4;

(b) which has undergone a dealcoholisation treatment;

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(c) which has an actual alcoholic strength by volume of less than 0,5% volume.”

Or. en

Amendment 747Herbert Dorfmann, Paolo De Castro, Othmar Karas

Proposal for a regulationArticle 3 – paragraph 3 c (new)Regulation (EU) No 251/2014Article 3 – paragraph 4 a (new)


(3c) in Article 4, the following paragraph is added:

“(4a) The oenological practices defined in Commission Regulation (EU) No 606/2009 shall apply to aromatised wine products.”

Or. en


Proposal for a regulationArticle 3 – paragraph 4 a (new)Regulation (EU) No 251/2014Article 5 – paragraph 5 a (new)


(4a) In article 5 the following new paragraph is added:

“5a. Where aromatised wine products are to be exported to third countries, Member States may permit sales denominations other than those set out in Annex II if such sales denominations are required by the legislation of the third country in question. Those sale denomination may appear in languages other than the

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official languages of the Union.”

Or. en


Proposal for a regulationArticle 3 – paragraph 4 b (new)Regulation (EU) No 251/2014Article 5 – paragraph 5 b (new)


(4b) The following paragraph is added:

“5b) The Commission shall be empowered to adopt delegated acts in accordance with Article 33 to amend Annex II to this Regulation in order to take into account technical progress, scientific and market developments, consumers’ health or consumer need for information.”

Or. en


Proposal for a regulationArticle 3 – paragraph 4 e (new)Regulation (EU) No 251/2014Article 6 – paragraph 3 a (new)


(4e) In the article 6, the following is inserted:

3a. “The vintage year may appear on the labels of products provided that the grapevine product represents at least 75% of the total volume and that at least 85% of the grapes used to make those products have been harvested in the year in question.”

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Or. en


Proposal for a regulationArticle 3 – paragraph 4 a (new)Regulation (EU) No 251/2014Article 7 – paragraphs (new)


(4a) In Article 7, paragraph 1 and 2 are added:

1. Where the provenance of aromatised wine products, other than a geographical indication is indicated in its description, presentation or labelling, it shall correspond to the place or region where the stage or stages in the production process which conferred on the finished aromatised wine product its character and essential definitive qualities took place.

2. The indication of the country of origin or place of provenance of the primary ingredient shall not be required for aromatised wine products.

Or. en


Proposal for a regulationArticle 3 – paragraph 4 c (new)Regulation (EU) No 251/2014Article 7 a (new)


(4c) A new article is inserted:

“Article 7a

Nutritional declaration

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1. The nutritional declaration of aromatised wine products, that may be limited to the energy value only, shall be indicated on the label.

2. The energy value shall be:

(a) expressed with numbers and words or symbols;

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

(c) average values based on:

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

(ii) A calculation from generally established and accepted data.

(d) expressed per 100ml. In addition, it may be expressed per consumption unit, easily recognizable 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.

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 33 to further detail the rules for the indication of the energy value of aromatised wine products.”

Or. en


Proposal for a regulationArticle 3 – paragraph 4 d (new)Regulation (EU) No 251/2014Article 7 b (new)


(4d) a new article is inserted:

“Article 7b

List of ingredients

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1. The list of ingredients of aromatised wine products, shall be indicated on the label or by means other than on the package or on the label.

2. When the list of ingredients is provided by means other than on the package or on the label, the information shall be easily accessible and specific, and visually separated from marketing content for the wine.

3. Ingredients shall be designated by their specific name. The base wine used should be considered a single basic product. As a consequence, listing of its ingredients should not be necessary.

4. The Commission shall be empowered to adopt delegated acts in accordance with Article 33 to further detail the rules for the indication of the list of ingredients of aromatised wine products.

Or. en


Proposal for a regulationArticle 3 – paragraph 7Regulation (EU) No 251/2014Chapter III


(7) Chapter III is deleted. deleted

Or. en

Justification

The creation of this new category of aromatised wines does not correspond to this regulation. Aromatised wines require the addition of aromas to compensate for their loss in alcohol and are assimilated to industrial products. These wine-based products should not fall under Single CMO rules, but rather under Regulation 251/2014 on aromatised wines. The deletion is not justified here.

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Proposal for a regulationArticle 3 – paragraph 7 a (new)Regulation (EU) No 251/2014Article 37 – paragraph 2 a (new)


(7a) In article 37, the following paragraph is inserted:

“Articles 7a shall apply from 3 years after the publication of this Regulation (EU) 2019/...*

Articles 7b shall apply from 5 years after the publication of this Regulation (EU) 2019/...*”

Or. en

(To be coordinate with new article 7a and new article 7b of the author)

Amendment 756Herbert Dorfmann, Paolo De Castro

Proposal for a regulationArticle 3 – paragraph 7 b (new)Regulation (EU) No 251/2014Annex I – point 1 – point a – point iii a (new)


(7b) in Annex I, paragraph 1, point a, the following point iiia) is added:

“(iiia) Spirit drinks (no more than 1% of the overall quantity).”

Or. en


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EN

Proposal for a regulationArticle 3 – paragraph 7 c (new)Regulation (EU) No 251/2014Annex I – point 2 – point f


(7c) in Annex I, point 2, point f) is replaced by the following:

“(f) any other natural substances having a similar effect to those products, including steviol glycoside.”

Or. en


Proposal for a regulationArticle 3 – paragraph 7 d (new)Regulation (EU) No 251/2014Annex I – point 3 – subparagraph 1 a (new)


(7d) In Annex I, point 3, the following subparagraph is inserted:

“Ethyl alcohol used quantum satis in the production process is not considered an addition of alcohol if the aromatisation does not lead to an increase of the total alcoholic strength of more than 1.2%.”

Or. en


Proposal for a regulationArticle 3 – paragraph 7 e (new)Regulation (EU) No 251/2014Annex II – section A – point 3

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(7e) In Section A of Annex II, the point 3 is replaced by the following:

“3)Vermouth:

Aromatised wine:

- whose characteristic taste has been obtained by the use of appropriate substances of Artemisia species.”

Or. en


Proposal for a regulationArticle 3 – paragraph 7 f (new)Regulation (EU) No 251/2014Annex II – Section C a (new)


(7f) new section Ca is added:

“DE-ALCOHOLISED AROMATISED WINE PRODUCTS

(1) De-alcoholised aromatised wine product or de-alcoholised (followed by the name of the aromatised wine product used for its production)”

Products complying with the definition set out in Article 3(4a).”

Or. en


Proposal for a regulationArticle 3 – paragraph 7 g (new)Regulation (EU) No 251/2014Annex II – Section B – point 8

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(7g) Section B of Annex II point 8 is replaced by the following:

“(8) Glühwein

Aromatised wine-based drink

-which is obtained exclusively from red and/or white wine,

-which is flavoured mainly with cinnamon and/or cloves, and

-which has an actual alcoholic strength by volume of not less than 7 % vol.

Without prejudice to the quantities of water resulting from the application of Annex I, point 2, the addition of water is forbidden.

Where it has been prepared from white wine, the sales denomination ‘Glühwein’must be supplemented by words indicating white wine, such as the word ‘white’.”

Or. en


Proposal for a regulationArticle 4 – paragraph 1 a (new)Regulation (EU) No 228/2013Article 22 a (new)


In Chapter V, the following Article is added:

Article 22a

Interbranch agreements

1. By way of derogation from the rules set out in Articles 164 and 165 of Regulation (EU) No 1308/2013, where an interbranch organisation recognised pursuant to Article 157 of Regulation

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(EU) No 1308/2013, operating in an outermost region and considered to be representative of the production or trade or processing of one or more of the specified products, the Member State involved may, at the request of that organisation, make it compulsory, for a renewable period of one year, to have agreements, decisions or concerted practices issued by that organisation for other operators, whether or not they are individuals, operating in the outermost region in question and which are not members of that organisation.

2. Where the rules of a recognised interbranch organisation are extended under paragraph 1 and the activities covered by those rules are in the general economic interest of economic operators whose activities relate to products solely destined for the local market of the same outermost region, the Member State may, after consulting the relevant stakeholders, decide that individual economic operators or groups which are not members of the organisation but which operate on the market in question shall pay the organisation all or part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.

3. The Member State concerned shall inform the Commission of any agreement whose scope is extended in accordance with this Article.

Or. fr

Justification

The amendment seeks to adjust the rules on extending interbranch rules in line with the actual situations of the outermost regions. These organisations are operators that are vital for the development of outermost industries, whose markets are exposed to price variations. The organisations carry out actions to collect or disseminate data and it should be possible for the Member State to extend the contributions received under these agreements to all the

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EN

agricultural products placed on the local market, without distinction as to their provenance.


Proposal for a regulationArticle 4 – paragraph 1Regulation (EU) No 228/2013Article 30 – paragraph 2 – indent 1


— in the French overseas departments: EUR 267 580 000;


Or. fr

Justification

The amendment seeks to reinstate the amounts for the French overseas departments within the framework of POSEI, in line with the Resolution of the European Parliament of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement and the undertakings made by Jean-Claude Juncker, President of the Commission, in Cayenne on 27 October 2017.

Amendment 764Ricardo Serrão Santos, Liliana Rodrigues, Juan Fernando López Aguilar, Louis-Joseph Manscour, Maurice Ponga, Gabriel Mato, Sofia Ribeiro, Cláudia Monteiro de Aguiar



— in the French overseas departments: EUR 267 580 000


Or. en


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— Azores and Madeira: EUR 102 080 000;


Or. fr

Justification

The amendment seeks to reinstate the amounts for the Azores and Madeira within the framework of POSEI, in line with the Resolution of the European Parliament of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement and the undertakings made by Jean-Claude Juncker, President of the Commission, in Cayenne on 27 October 2017.




— Azores and Madeira - EUR 102 080 000


Or. pt

Amendment 767Sofia Ribeiro, Cláudia Monteiro de Aguiar


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EN




Or. pt

Amendment 768Ricardo Serrão Santos, Liliana Rodrigues, Juan Fernando López Aguilar, Louis-Joseph Manscour, Maurice Ponga, Gabriel Mato



— Azores and Madeira: EUR 102 080 000


Or. en




— Canary Islands: EUR 257 970 000 — Canary Islands: EUR 301 650 396

Or. en

Justification

The AGRI Committee, in the opinion of the MFF Intermediate Report, approved the increase of the budgetary allocations for POSEI programmes in the 2021 - 2027 MFF. The proposed increase is in line with an actualisation with the accumulated inflation rate and is justified by the specific conditions affecting these regions.

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— Canary Islands: EUR 257 970 000. — Canary Islands: EUR 268 420 000.

Or. fr

Justification

The amendment seeks to reinstate the amounts for the Canary Islands within the framework of POSEI, in line with the Resolution of the European Parliament of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement and the undertakings made by Jean-Claude Juncker, President of the Commission, in Cayenne on 27 October 2017.






Or. en


Proposal for a regulationArticle 4 – paragraph 1

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EN

Regulation (EU) No 228/2013Article 30 – paragraph 3 – indent 1




Or. fr

Justification

The amendment seeks to reinstate the amounts within the framework of POSEI, in line with the Resolution of the European Parliament of 14 November 2018 and the undertakings made by Jean-Claude Juncker in Cayenne on 27 October 2017. It also proposes allocating a larger envelope for measures relating to the specific supply arrangement, to respond to the needs of livestock sectors for animal feed without increasing the overall budget.






Or. fr

Justification

The amendment seeks to reinstate the amounts for the Azores and Madeira within the framework of POSEI, in line with the Resolution of the European Parliament of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement and the undertakings made by Jean-Claude Juncker, President of the Commission, in Cayenne on 27 October 2017.


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Or. en




— Canary Islands: EUR 69 900 000. — Canary Islands: EUR 72 700 000.

Or. fr

Justification

The amendment seeks to reinstate the amounts for the Canary Islands within the framework of POSEI, in line with the Resolution of the European Parliament of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement and the undertakings made by Jean-Claude Juncker, President of the Commission, in Cayenne on 27 October 2017.



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EN


— Canary Islands: EUR 69 900 000 — Canary Islands: EUR 81 700 260

Or. en


Proposal for a regulationArticle 5 – paragraph 1Regulation (EU) No 229/2013Article 18 – paragraph 2


2. The Union shall finance the measures provided for in Chapters III and IV up to a maximum amount of EUR 23 000 000.


Or. en

Justification

The amendment calls for the current envelope to be maintained.






Or. fr

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EN

Justification

The amendment seeks to reinstate the amounts for the smaller Aegean islands, in line with the Resolution of the European Parliament of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement.




3. The amount allocated to finance the specific supply arrangements referred to in Chapter III shall not exceed EUR 6 830 000.


Or. fr

Justification

The amendment seeks to reinstate the amounts for the smaller Aegean islands, in line with the Resolution of the European Parliament of 14 November 2018 on the Multiannual Financial Framework 2021-2027 – Parliament’s position with a view to an agreement.






Or. en

PE632.002v01-00 150/157 AM\1171815EN.docx

EN

Justification

The amendment calls for the current envelope to be maintained.


Proposal for a regulationArticle 6 – paragraph 3 a (new)


3a. Wines placed on the market or labelled before the implementation of the applicable provisions and that do not comply with the specifications in this Regulation may be marketed until stocks are exhausted.

Or. fr


Proposal for a regulationArticle 6 – paragraph 3 a (new)Regulation (EU) No 229/2013Article 6 – Paragraph 3 a (new)


3a. Wines placed on the market or labelled before the implementation of the relevant provisions and that do not comply with the specifications in this Regulation may be marketed until stocks are exhausted.

Or. en

Justification

This amendment concerns wines that were labelled before the new Regulation came into force, in particular the part concerning new labelling requirements.

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3a. Wine placed on the market or labelled prior the application of the relevant provisions, which do not comply with the requirements of this Regulation may be marketed until the stocks are exhausted

Or. en


Proposal for a regulationArticle 6 – paragraph 3 b (new)


3b. Article 119(1)(g), Article 119(3)(c), and Article 121(2)(a) of Regulation (EU) No 1308/2013 shall be applicable as of ... [18 months after the entry into force of this Regulation].

Or. fr


Proposal for a regulationArticle 6 – paragraph 3 c (new)


3c. Article 119(1)(g) and Article 119(3)(a) of Regulation (EU)

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EN

No 1308/2013 shall be applicable as of ... [three years after the entry into force of the delegated act]

Or. fr


Proposal for a regulationArticle 6 – paragraph 3 d (new)


3d. The Commission shall adopt the delegated acts referred to in Article 122(4a) of Regulation (EU) No 1308/2013 no later than ... [two years before the date of application of this Regulation].

Or. fr


Proposal for a regulationArticle 7 – paragraph 2


Points (1)(b), (4), (8), (17), (22), (27), (28) and (31) of Article 1 and Articles 4 and 5 shall apply from 1 January 2021.

Points (1)(b), (4), (8), (17), (22), (27), (28) and (31) of Article 1 and Articles 4 and 5 shall apply from 1 January 2021.

Points (18), (19) and (19a) of Article 1 shall apply from 1 January 2025

Or. en


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Article 119, paragraph 1, point g (a), Article 119, paragraph 3 c, and Article 121,paragraph 2 a, shall apply to wine products bottled from 31 July following the entry into force of this Regulation. Operators who voluntarily wish to communicate to consumers the calories and /or ingredients for wine products from a marketing year beginning before the entry into force of this Regulation, shall apply in their entirety Articles 119 and 121.

Or. en




Part I, Chapter II, Section 1 covering Articles 22 to 25 shall be transferred to Regulation (EU) ... [CAP Strategic Plans] as soon as that Regulation enters into force.

Or. fr

Justification

With a view to simplification, the amendment seeks to transfer the aid system for the ‘Fruit, vegetables and milk at school’ programme to the CAP Strategic Plans.


PE632.002v01-00 154/157 AM\1171815EN.docx

EN



Article 119, paragraph 1, point g (a), Article 119, paragraph 3 c, and Article 121, paragraph 2 a, shall apply from ... [one year after the delegated act has entered into force].

Or. en

Justification

These provisions on mandatory energy-value labelling shall enter into force one year after the delegated act has been adopted. Small wine producers and small distilleries defined in Article 22 paragraphs (2) and (4) in Directive 92/83/EEC have to be exempted in order to avoid any unbearable administrative burden on them due to the obligatory renewal of their labelling equipment.




Article 119, paragraph 1, point h, Article 119, paragraph 5, and Article 122, paragraph 1, point b, point v, shall apply from [2 years] after the publication of this Regulation.

Or. en

Justification

The provisions on the mandatory stating of the energy value on the label shall enter into force two years after the publication of this Regulation. This time is necessary in order to ensure that all producers are able to comply with the new requirements.

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Amendment 792Angélique Delahaye



2a. Article 119(1)(ga) and Article 119(3a) shall be applicable as of ... [five years after the entry into force of the delegated act]

Or. fr




Article 119, paragraph 1, point i, Article 119, paragraph 4, and Article 122, paragraph 1, point b, point vi, shall apply from [5 years] after the publication of this Regulation.

Or. en

Justification

The provisions on the mandatory stating of the list of ingredients on the label shall enter into force five years after the publication of this Regulation. This time is necessary in order to find the relevant technological solutions for the off label system and make sure that all producers are able to comply with the new requirements.



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EN


Article119(1), point g(b) and Article 119(3)(a) shall apply from ...five years after the entry into force of the present regulation].

Or. en


Proposal for a regulationArticle 7 a (new)


Article 7a

The following subparagraph is added to Article 7:

Subparagraph 2a Article 119(1)(ga) and 119(3b) and Article 121(2a) shall enter into force in the year following the Regulation’s entry into force.

Or. fr

Justification

The mandatory labelling of energy value will enter into force in the year following the entry into force of the new CMO regulation.


Proposal for a regulationArticle 7 b (new)


Article 7b

The following subparagraph is added to Article 7:

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2b. Article 119(1)(gb) and 119(3a) shall enter into force three years after the Regulation’s entry into force.

Or. fr

Justification

The provisions on the mandatory labelling of the list of ingredients will enter into force in the three years following the entry into force of the new CMO regulation.

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