Explanatory Memorandum to COM(1999)67 - Common organisation of the markets in fishery and aquaculture products (COM(1999) 55 - C4-0141/1999 - 1999/0047(CNS)) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1999)67 - Common organisation of the markets in fishery and aquaculture products (COM(1999) 55 - C4-0141/1999 - 1999/0047(CNS)). |
|---|---|
| source | COM(1999)67  |
| date | 02-12-1999 |
Thursday 2 December 1999
European Parliament legislative resolution on the proposal for a Council Regulation amending Regulation (EC) No 2201/96 on the common organisation of the markets in processed fruit and vegetable products (COM(1999) 376 - C5-0140/1999 - 1999/0161(CNS))
(Consultation procedure)
The European Parliament,
— having regard to the proposal for a Council Regulation (COM(1999) 376) (1),
— having been consulted by the Council pursuant to Article 37 of the Treaty (C5-0140/1999),
— having regard to Rule 67 of its Rules of Procedure,
— having regard to the report of the Committee on Agriculture and Rural Development and the opinion of the Committee on Budgets (A5-0068/1999);
1. Approves the Commission proposal as amended;
2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;
3. Asks to be consulted again if the Council intends to amend the Commission proposal substantially;
4. Instructs its President to forward its position to the Council and Commission.
(!) OJ C 307 E, 26.10.1999, p. 31.
11. COM in fishery and aquaculture products *
A5-0067/1999
Proposal for a Council regulation on the common organisation of the markets in fishery and aquaculture products (COM(1999) 55 - C4-0141/1999 - 1999/0047(CNS))
The proposal was approved with the following amendments:
AMENDMENTS BY PARLIAMENT
TEXT PROPOSED BY THE COMMISSION (')
(Amendment 1) Recital 2
| (2) Whereas, in the interests of simplifying the rules and facilitating their use by those for whom they are intended, the new Regulation should also include the basic provisions, duly updated and supplemented, of Council Regulation (EEC) No 105/76 of 19 January 1976 on the recognition of producers’ organisations in the fishing industry and Council Regulation (EEC) No 1772/82 of 29 June 1982 laying down general rules concerning the extension of certain rules adopted by producers’ organisations in the fisheries sector; whereas these Regulations should therefore be repealed; | (2) Whereas, in the interests of simplifying the rules and facilitating their use by those for whom they are intended, the new Regulation should also include the basic provisions, duly updated and supplemented, of Council Regulation (EEC) No 105/76 of 19 January 1976 on the recognition of producers’ organisations in the fishing industry and Council Regulation (EEC) No 1772/82 of 29 June 1982 laying down general rules concerning the extension of certain rules adopted by producers’ organisations in the fisheries sector; whereas these Regulations should therefore be repealed, with steps being taken to ensure that no legal vacuum is created during the transitional period; |
(') OJ C 78, 20.3.1999, p. 1.
Thursday 2 December 1999
TEXT PROPOSED BY THE COMMISSION
AMENDMENTS BY PARLIAMENT
(Amendment 2) Recital 3
| (3) Whereas the common agricultural policy, must include, in particular, a common organisation of agricultural markets, which may take various forms depending on the products concerned; | (3) Whereas the common fisheries policy, like the common agricultural policy, must include, in particular, a common organisation of agricultural and fisheries markets, which may take various forms depending on the products concerned; |
(Amendment 3) Recital 4
| (4) Whereas the fishing industry is of special importance to the economy of some coastal regions of the Community; whereas the industry provides a major part of the income of fishermen in such regions; whereas, therefore, market stability should be encouraged by appropriate means, implemented in compliance with the Community’s international commitments, particularly with regard to the provisions of the World Trade Organisation on internal production support mechanisms and tariff agreements; | (4) Whereas the fishing industry is of special importance to the economy of some coastal regions of the Community; whereas the industry provides a major part of the income of fishermen in such regions; whereas, therefore, market stability and job security in this sector should be encouraged by appropriate means, implemented in compliance with the Community’s international commitments, particularly with regard to the provisions of the World Trade Organisation on internal production support mechanisms and tariff agreements; |
(Amendment 4) Recital 5
| (5) Whereas the production and marketing of fishery products should take account of the need to safeguard the equilibrium of resources and marine ecosystems; whereas the common organisation of markets in these products should therefore comprise such measures as will ensure that supply is better matched to demand, in terms of both quality and quantity, and increase the return on products, both for the above purpose and to improve the income of producers by ensuring stability of market prices; | (5) Whereas the production and marketing of fishery products should take account of the need to safeguard the equilibrium of resources and marine ecosystems; whereas the common organisation of markets in these products should therefore comprise such measures as will ensure that supply is better matched to demand, in terms of both quality and quantity, and increase the return on products, both for the above purpose and to improve the income of producers by ensuring stability of market prices, whilst informing consumers about compliance with the technical measures adopted by the European Union; |
(Amendment 5) Recital 8
| (8) Whereas the widening variety of supply, particularly of fresh and chilled fishery products, makes it essential to provide consumers with a minimum amount of information on the main characteristics of products; whereas it is the responsibility of the Member States to adopt to that end a list of the accepted names used in their territory for trading in the products in question; | (8) Whereas the widening variety of supply, particularly of fresh and chilled fishery products, makes it essential to provide consumers with a minimum amount of information on the main characteristics of products and the ways in which they have been caught; whereas it is the responsibility of the Member States to adopt to that end a list of the accepted names used in their territory for trading in the products in question and the conditions governing the use of those names, in accordance with Directive 79/112/EEC, in particular Article 5 thereof; |
(Amendment 6) Recital 15
| (15) Whereas, in view of the costs that producer organisations will incur in fulfilling the above obligations, it is justified to grant commensurate compensation to such organisations for a limited period; | (15) Whereas, in view of the costs that producer organisations will incur in fulfilling the above obligations, it is justified to grant commensurate compensation to such organisations for a fixed period; |
Thursday 2 December 1999
TEXT PROPOSED AMENDMENTS
BY THE COMMISSION BY PARLIAMENT
(Amendment 7) Recital 16
| (16) Whereas the planning of supply and regulation of deliveries by members of producer organisations may be improved, in particular, by recourse to pre-sale contracts; whereas producer organisations should therefore be encouraged to market a substantial proportion of their production under contract by granting them a flat-rate allowance for a limited period, subject to certain conditions; | (16) Whereas the planning of supply and regulation of deliveries by members of producer organisations may be improved, in particular, for example, by recourse to pre-sale contracts; whereas producer organisations should therefore be encouraged to market a substantial proportion of their production under contract by granting them a flat-rate allowance for a fixed period, subject to certain conditions; |
(Amendment 8) Recital 23
| (23) Whereas, to encourage fishermen to adjust their deliveries more accurately to market requirements, provision should be made for different levels of financial compensation depending on the volume of market withdrawals; | (23) Whereas, to encourage fishermen to adjust their deliveries more accurately to market requirements, provision should be made for different levels of financial compensation depending on the volume of market withdrawals, whilst retaining an adequate safety net for operators; |
(Amendment 9) Recital 27
| (27) Whereas provision should be made for a specific support scheme for some products frozen at sea, in the form of private storage aid for such products, subject to certain limits and conditions, provided they cannot be disposed of on the market above a price to be set at Community level; | (27) Whereas provision should be made for a specific support scheme for some products frozen at sea, in the form of private storage aid for such products, subject to certain limits and conditions, provided they cannot be disposed of on the market below a price to be set at Community level; |
(Amendment 10) Recital 31
(31) Whereas the application of common customs tariff duties is Deleted suspended in full for certain products; whereas, since Community production of tuna is insufficient, conditions of supply comparable to those enjoyed in exporting third countries should be maintained for the food-processing industries using these products so as not to hinder their development in the context of international conditions of competition; whereas any disadvantage which this system might present for Community tuna producers could be offset by payment of the compensation envisaged for this purpose;
(Amendment 11) Recital 32
| (32) Whereas, to ensure adequate supplies to the Community market of raw materials intended for the processing industries on terms that will enable them to remain competitive, the application of common customs tariff duties to some products should be suspended in full or in part for an indefinite period; | (32) Whereas, to ensure adequate supplies to the Community market of raw materials intended for the processing industries on terms that will entitle them to remain competitive it may be necessary, with the Council's approval, to suspend the application of common customs tariff duties to some products in full or in part for a fixed period following a market supply study in respect of each of the species concerned; |
Thursday 2 December 1999
TEXT PROPOSED BY THE COMMISSION
AMENDMENTS BY PARLIAMENT
(Amendment 12) Recital 39
| (39) Whereas implementation of this common organisation must also take account of the fact that it is in the Community’s interest to preserve fishing grounds as far as possible; whereas the financing of measures covering quantities of fish exceeding those which may be allocated to the Member States should not therefore be permitted; | (39) Whereas implementation of this common organisation must also take account of the fact that it is in the Community’s interest to preserve the biological heritage of its waters as far as possible; whereas the financing of measures covering quantities of fish exceeding those which may be allocated to the Member States should not therefore be permitted; |
(Amendment 13)
Article 1, table (c), 2nd column, to add at end
Seaweed, fresh, chilled, frozen, dried or freeze-dried, fit for human consumption
(Amendment 54)
Article 1, table (d), 2nd column
| (d) Animal products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: — Other: — Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3: — Fish waste — Other | (d) Animal or plant products not elsewhere specified or included; dead animals of Chapter 1 or 3, unfit for human consumption: — Other: — Products of fish or crustaceans, molluscs or other aquatic invertebrates; dead animals of Chapter 3: — Fish waste — Other Seaweed intended for uses other than human consumption |
(Amendment 55)
Article 1, table (f), 2nd column
Crustaceans, molluscs and other aquatic invertebrates, prepared Crustaceans, molluscs and other aquatic invertebrates or or preserved plants, prepared or preserved
Products of seaweed
(Amendment 14) Article 2(3)
| 3. Marketing standards and detailed rules for their application, including the special rules referred to in paragraph 2, shall be adopted in accordance with the procedure laid down in Article 38. | 3. Marketing standards and detailed rules for their application, including the special rules referred to in paragraph 2, shall be laid down by the Council, acting by a qualified majority on a proposal from the Commission. |
(Amendment 15)
Article 3(1a) (new)
1a. For processed products, with a view to ensuring control thereof, be they Community products or imports, action shall be taken to set up, at Community level, a Biotic and Abiotic Contaminants Reference Laboratory for Processed Fishery and Aquaculture Products.
Thursday 2 December 1999
TEXT PROPOSED AMENDMENTS
BY THE COMMISSION BY PARLIAMENT
(Amendment 16)
Article 3(1b) (new)
1b. Member States shall adopt all the necessary measures for penalising breaches of the provisions laid down in Article 2.
(Amendment 17) Article 4(1)
| 1. Without prejudice to the provisions of Council Directive 79/112/EEC, the products referred to in Article 1(a), (b) and (c) may not be offered for retail sale to the final consumer, irrespective of the marketing method, unless appropriate marking or labelling indicates: (a) the commercial designation of the species, (b) the production method (taken at sea or farmed), (c) the catch area (Atlantic Ocean, Baltic Sea, Mediterranean Sea, North Sea, Indian Ocean, Pacific Ocean, other). | 1. Without prejudice to the provisions of Council Directive 79/112/EEC, the products referred to in Article 1(a), (b) and (c) may not be placed on the market between initial sale and the moment of retail sale to the final consumer, irrespective of the marketing method, unless appropriate marking or labelling indicates: (a) the commercial designation of the species, (b) the production method (taken at sea or farmed), including, for capture fisheries, the gear type used, (ba) the minimum legal size in the catch area, (bb) the calibre, (c) the catch area, (ca) the origin of the product (farmed or caught in Community fisheries or imported from a third country). |
(Amendment 18)
Article 4(2), 2nd subparagraph (new)
Each Member State shall draw up the list of commercial designations and the conditions governing their use, in accordance with the provisions of Directive 79/112/EEC, in particular Article 5 thereof.
(Amendment 19) Article 4(4)
4. Detailed rules for applying this Article shall, where necessary, be adopted in accordance with the procedure laid down in Article 38.
4. Detailed rules for applying this Article, in particular the definition of the catch areas referred to in paragraph 1(c), the conditions governing the indication of the origin of the product referred to in paragraph 1(ca) and the minimum rules on the traceability of products required to supply the consumer information provided for in this Article, shall be adopted in accordance with the procedure laid down in Article 38.
(Amendment 20) Article 5(1)(a)
| (a) set up on the own initiative of a group of producers of one or more of the products referred to in Article 1(a), (b) and (c) insofar, in the case of frozen, treated or processed products, as the operations in question have been carried out on board fishing vessels; | (a) set up on the own initiative of a group of producers of one or more of the products referred to in Article 1(a), (b) and (c); |
Thursday 2 December 1999
TEXT PROPOSED BY THE COMMISSION
AMENDMENTS BY PARLIAMENT
(Amendment 21) Article 5(1)(b), introduction
| (b) established for the purpose, in particular, of ensuring that fishing is carried out along rational lines and that conditions for the sale of their members’ products are improved, by taking such measures as will: | (b) established for the purpose, in particular, of ensuring that activity is carried out along rational lines and that conditions for the sale of their members’ products are improved, by taking such measures as will: |
(Amendment 66) Article 5(1)(b)(4)
| (4) promote those fishing methods which do most to maintain the equilibrium of resources and safeguard biodiversity; | (4) promote, on the basis of scientific opinions, those exploitation methods which do most to maintain the equilibrium of resources and safeguard biodiversity; |
(Amendment 23)
Article 5(1)(d)(7a) (new)
(7a) procedures by which producers may be expelled from or may voluntarily cease their membership of the organisation;
(Amendment 24)
Article 5(4)
4. Detailed rules for the application of this Article shall be 4. Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article 38. adopted by the Council, acting by a qualified majority on a
proposal by the Commission.
(Amendment 25) Article 6(5)
| 5. The Commission shall ensure that Article 5 and paragraph (1)(b) of this Article are complied with by carrying out checks in accordance with Regulation (EEC) No 2847/93 and in the light of such checks may, where appropriate, require Member States to withdraw recognition. | 5. The Commission shall ensure that Article 5 and paragraph (1)(b) of this Article are complied with by carrying out checks in accordance with Regulation (EEC) No 2847/93 and in the light of such checks may, where appropriate, ask Member States, after consultation with them, to withdraw recognition. |
(Amendment 26) Article 7(1)
1. Member States may grant specific recognition to producer organisations as referred to in Article 5(1) which market the products referred to in Article 1 and which have submitted a plan to improve the quality and marketing of such products approved that has been approved by the competent national authorities.
(1) Council Regulation (EC) No 2406/96 of 26 November 1996 laying down common marketing standards for certain fishery products (OJ L 334, 23.12.1996, p.
1). Regulation as last amended by Commission Regulation (EC) No 323/97 (OJ L 52, 22.2.1997, p.
8).
Thursday 2 December 1999
TEXT PROPOSED AMENDMENTS
BY THE COMMISSION BY PARLIAMENT
(Amendment 27) Article 7(2), 1st indent
a substantial improvement in the quality of products while held on board of vessels, a substantial improvement in the quality of fishery and aquacultureproducts, whether fresh, chilled, or frozen,
(Amendment 28)
Article 7(3a) (new)
3a. Quality designations for fisheries products shall be governed by specific legislation, to which the criteria of the agricultural sector shall not apply.
(Amendment 29) Article 8(4), introduction
4. The Commission shall declare the extension referred to in 4. The Commission may, via the submission of a rea-paragraph 1 null and void: soned decision, declare the extension referred to in
paragraph 1 null and void:
(Amendment 30) Article 8(5)
| 5. Following ex-post checks under Regulation (EEC) No 2847/93, the Commission may at any time identify cases of nullity under paragraph 4 and declare the extension in question null and void. | 5. Following ex-post checks under Regulation (EEC) No 2847/93, the Commission may at any time identify cases of nullity under paragraph 4 and, by means of a reasoned decision, declare the extension in question null and void. |
(Amendment 31)
Article 8(10)
10. Detailed rules for the application of this Article shall be 10. Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article 38. adopted by the Council, acting by a qualified majority on a
proposal by the Commission.
(Amendment 32) Article 10(1), introduction
Thursday 2 December 1999
TEXT PROPOSED BY THE COMMISSION
AMENDMENTS BY PARLIAMENT
(Amendment 56)
Article 10(1)(B) (new)
(B) For aquaculture products:
At intervals to be determined by each Member State, but which shall be at least annual, each producer organisation shall draw up and send to the competent authorities of the Member State a marketing programme for its aquaculture products, comprising:
(a) a forward marketing plan setting out the measures to be implemented by the organisation to match the quantity and quality of supply to market requirements;
(b) penalties applicable to members who infringe the provisions of a) above.
(Amendment 33)
Article 10(2), introduction and (a) and (b)
| 2. Member States shall carry out appropriate checks to ensure that each producer organisation fulfils the obligations provided for in paragraph 1, and shall apply the following provisions in the event that these obligations are not fulfilled: (a) no financial assistance shall be granted for the fishing year concerned for intervention operations carried out under Title IV to producer organisations which have failed to draw up or transmit in good time an operational programme for the fishing year drawn up in accordance with paragraph 1; (b) the penalty provided for in (a) shall also apply in cases where a producer organisation has not implemented, or has failed adequately to implement, the measures provided for in its operational programme for the fishing year. | 2. Member States shall carry out appropriate checks to ensure that each producer organisation fulfils the obligations provided for in paragraph 1 (A) and (B) above, and shall apply the following provisions in the event that these obligations are not fulfilled: (a) no financial assistance shall be granted for the fishing year referred to in paragraph 1(A) or the marketing programme for aquaculture products in paragraph 1(B) for intervention operations carried out under Title IV to producer organisations which have failed to draw up or transmit in good time an operational programme for the fishing year or a marketing programme for aquaculture products, drawn up in accordance with paragraph 1(A) and (B); (b) the penalty provided for in (a) shall also apply in cases where a producer organisation has not implemented, or has failed adequately to implement, the measures provided for in its operational programme for the fishing year or its marketing programme for aquaculture products; |
(Amendment 67)
Article 11(1), third subparagraph a and b (new)
The Member States may grant additional aid to producer organisations which, as part of the operational programmes provided for in Article 9(1), develop measures to enhance the value of the species caught and to adjust supply to demand.
Such aid may be granted pursuant to Articles 14 and 15 of the above Council Regulation (EC) No ... laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector.
Thursday 2 December 1999
TEXT PROPOSED AMENDMENTS
BY THE COMMISSION BY PARLIAMENT
(Amendment 34)
Article 11(1), third subparagraph c (new)
The Commission shall, no later than 1 January 2006, draw up a report evaluating the workings of the provisions of this article, in the light of which the time-periods for eligibility for compensation may be extended.
(Amendment 35) Article 11(2)
2. The compensation referred to in paragraph 1 shall be made up of the following:
2. The compensation referred to in paragraph 1 shall be made up of the following:
(A) For fisheries
(a) an amount in proportion to the number of member vessels and the declared annual production, calculated degressively in accordance with the method set out in Annex VI.A.
(b) a flat-rate amount of EUR 500 per species covered by Article 10(1)(b), up to 10 species in all.
(B) For aquaculture, a sum proportionate to the value of the production, calculated in accordance with the method set out in Annex VI.Aa.
(a) an amount in proportion to the number of member vessels, calculated degressively in accordance with the method set out in Annex VI.A.
(b) a flat-rate amount of EUR 500 per species covered by Article 10(1)(b), up to 10 species in all.
(Amendment 36) Article 12(1)
| 1. Member States shall grant an additional allowance to producer organisations which provide in their operational programme for the fishing year for at least 10% of their production to be disposed of through pre-sale contracts, in order to plan better the supply from their members. In such cases, copies of all contracts must be attached to the operational programmes for the fishing year submitted by producer organisations to the competent authorities under Article 10. For the purposes of applying this paragraph, account shall be taken of the average production of producer organisations during the three previous fishing years. | 1. Member States shall grant an additional allowance to producer organisations which provide in their operational programme for the fishing year or marketing programme for aquaculture products for at least 10 % of their production to be disposed of through pre-sale contracts, in order to plan better the supply from their members. In such cases, copies of all contracts must be attached to the operational programmes for the fishing year or the marketing programme for aquaculture products submitted by producer organisations to the competent authorities under Article 10. For the purposes of applying this paragraph, account shall be taken of the average production, as duly verified by the competent authority, of producer organisations during the three previous fishing years. |
(Amendment 37) Article 12(3)
| 3. The allowance shall be paid within four months following the end of the fishing year concerned, insofar as the recipient producer organisation provides proof, to the satisfaction of the competent national authorities, that the quantities marketed under the contracts in question are at least equal to the minimum percentage referred to in paragraph 1. | 3. The allowance shall be paid within four months following the end of the fishing year or marketing programme for aquaculture products concerned, insofar as the recipient producer organisation provides proof, to the satisfaction of the competent national authorities, that the quantities marketed under the contracts in question are at least equal to the minimum percentage referred to in paragraph 1. |
Thursday 2 December 1999
TEXT PROPOSED BY THE COMMISSION
AMENDMENTS BY PARLIAMENT
(Amendment 38) Article 13(4)
| 4. The Commission shall check that paragraphs 1 and 3(b) are complied with by carrying out checks in accordance with Regulation EEC No 2847/93 and may, as a result of these checks, require a Member State to withdraw recognition. | 4. The Commission shall check that paragraphs 1 and 3(b) are complied with by carrying out checks in accordance with Regulation EEC No 2847/93 and may, as a result of these checks, ask a Member State, after consultation with the latter, to withdraw recognition. |
(Amendment 39) Article 13(7)
| 7. Detailed rules for the application of this Article and, in particular, the terms and conditions on which and the frequency with which the Member States are to report to the Commission on the activities of interbranch organisations, shall be adopted in accordance with the procedure laid down in Article 38. | 7. Detailed rules for the application of this Article and, in particular, the terms and conditions on which and the frequency with which the Member States are to report to the Commission on the activities of interbranch organisations and the criteria on the basis of which the Commission could oppose recognition, shall be adopted in accordance with the procedure laid down in Article 38. |
(Amendment 40) Article 18(2), 1st indent
| — the average of prices recorded for a significant proportion of Community output on representative wholesale markets or in representative ports during the three fishing years immediately preceding the year for which the price is fixed, | — the average of prices recorded for a significant proportion of Community output on representative wholesale markets or in representative ports during the five fishing years (other than those with the highest and the lowest figures) immediately preceding the year for which the price is fixed, |
(Amendment 41) Article 21(3)(a) and (b)
| (a) The financial compensation shall be equal to: i. 87,5% of the withdrawal price applied by the producers’ organisation concerned for quantities withdrawn not exceeding 2 % of the quantities put up for sale each year; ii. 80% of the withdrawal price applied by the producer organisation concerned for quantities withdrawn which exceed 2 % but not 5% of the quantities put up for sale each year; iii. from the 2003 fishing year, 50% of the withdrawal price applied by the producer organisation concerned for quantities withdrawn which exceed 5% but not 8% of the quantities put up for sale each year; for the 2001 and 2002 fishing years, it shall be equal to 70% and 60% of the withdrawal price, respectively. (b) No financial compensation shall be granted in respect of quantities withdrawn exceeding 8% of the quantities put up for sale by each producer organisation. | (a) The financial compensation shall be equal to: i. 87,5% of the withdrawal price applied by the producers’ organisation concerned for quantities withdrawn not exceeding 5% of the quantities put up for sale each year; ii. 75% of the withdrawal price applied by the producer organisation concerned for quantities withdrawn which exceed 5% but not 10% of the quantities put up for sale each year; iii. from the 2003 fishing year, 50% of the withdrawal price applied by the producer organisation concerned for quantities withdrawn which exceed 10 % but not 12% of the quantities put up for sale each year; for the 2001 and 2002 fishing years, it shall be equal to 70 % and 60 % of the withdrawal price, respectively. (b) No financial compensation shall be granted in respect of quantities withdrawn exceeding 10 % of the quantities put up for sale by each producer organisation. |
Thursday 2 December 1999
TEXT PROPOSED AMENDMENTS
BY THE COMMISSION BY PARLIAMENT
(Amendment 42)
Article 21(6), 1st subparagraph
| 6. Where producer organisations carry out the withdrawals referred to in paragraph 1, they shall grant their members, for the quantities withdrawn from the market, an indemnity at least equal to the sum of the financial compensation calculated in accordance with paragraph 3(a), plus an amount equal to: — 10% in the case referred to in paragraph 3(a)(1), — 12% in the case referred to in paragraph 3(a)(ii), — 15% in the case referred to in paragraph 3(a)(iii) and (b), of the withdrawal price applied by that organisation. | 6. Where producer organisations carry out the withdrawals referred to in paragraph 1, they shall grant their members, for the quantities withdrawn from the market, an indemnity at least equal to the sum of the financial compensation calculated in accordance with paragraph 3(a), plus an amount equal to 10% of the withdrawal price applied by that organisation. |
(Amendment 43)
Article 23(4)(a), to add before 1st indent
— sterilising
(Amendment 44)
Article 24(5), 1st subparagraph
| 5. The quantities eligible for the flat-rate aid pursuant to paragraphs 2 and 5 may not exceed 5% of the annual quantities of the products concerned put up for sale in accordance with Article 5(1). | 5. The quantities eligible for the flat-rate aid pursuant to paragraphs 2 and 5 may not exceed 7% of the annual quantities of the products concerned put up for sale in accordance with Article 5(1). |
(Amendment 45) Article 25(4)
| 4. The following restrictions shall apply to the grant of private storage aid: — the products must have been fished, frozen on board and landed in the Community by a member of a producer organisation, — the products must be stored for a minimum period and then placed on the Community market again, up to a maximum of 15 % of the annual quantities of the products concerned put up for sale by the producer organisation. | 4. The following restrictions shall apply to the grant of private storage aid: — the products must have been fished, frozen on board and landed in the Community by a member of a producer organisation, — the products must be stored for a minimum period and then placed on the Community market again, up to a maximum of 20 % of the annual quantities of the products concerned put up for sale by the producer organisation. |
(Amendment 46)
Article 27(1), 1st subparagraph
1. An allowance may be granted to the producers’ organisations for the quantities of products listed in Annex III caught by their members, then sold and delivered to processing industries established within the customs territory of the Community and intended for the industrial manufacture of products falling 1. An allowance may be granted to the producers’ organisations for the quantities of products listed in Annex III caught by their members, then sold and delivered to processing industries established within the customs territory of the Community and intended for the industrial manufacture of products falling
Thursday 2 December 1999
TEXT PROPOSED BY THE COMMISSION
AMENDMENTS BY PARLIAMENT
| within CN code 1604. The allowance shall be granted where it is established that, over a three-month period: — the average selling price recorded on the Community market and — the import price referred to in Article 30(3) are both lower than a triggering threshold equivalent to 85% of the Community producer price for the product in question. | within CN code 1604. The allowance shall be granted where it is established that, over a three-month period: — the average selling price recorded on the Community market and — the import price referred to in Article 30(3) are both lower than a triggering threshold equivalent to 91 % of the Community producer price for the product in question. |
(Amendment 47) Article 28
1. To ensure adequate supply to the Community market of raw materials intended for the processing industries, total or partial autonomous suspension of common customs tariff duties for certain products shall be adopted for an indefinite period in accordance with Annex V to this Regulation.
1 To ensure adequate supply to the Community market of raw materials intended for the processing industries, on
grounds of:
— repeated problems in supplying the Community market with a particular product, or:
— the fulfilment of international obligations,
the Council may, acting by a qualified majority and on a proposal from the Commission, decide the total or partial suspension of common customs tariff duties for the products listed in Article 1, where they are covered by the conditions laid down in paragraph 3 of this article.
la. The products for which a suspension of tariff duties may be decided shall be included in an annex to this regulation. Publication or modification of this annex shall take place as rapidly as possible.
lb. To qualify for inclusion in the above-mentioned annex, products must fulfil at least the following requisites:
— internal Community production of the product must be less than 30%,
— where internal production exists, there must also be a Community reference price pursuant to Article 29,
— Community production must not exist at a sufficient level of alternative products which could easily be substituted for the product,
— it must be guaranteed that there is no temporary shortfall in Community production of the product and that it is, therefore, impossible to ensure a regular supply via tariff quotas,
Thursday 2 December 1999
TEXT PROPOSED AMENDMENTS
BY THE COMMISSION BY PARLIAMENT
| 2. In order to prevent the suspension arrangements referred to in paragraph 1 from jeopardising the stabilisation measures referred to in Articles 20, 21, 22, 23, 25 and 26, qualification for such suspension shall be granted when the products concerned are imported, provided the price fixed under Article 29 is complied with. | — there is no risk of significant interference with productions covered by preferential arrangements or other international agreements entered into by the Community, — where a product is regulated by an international or regional fisheries organisation, the suspension of tariff duties may only apply to products from countries which are signatory parties to the organisations concerned, — the opening of disciplinary proceedings by a regional or international fisheries organisation shall bring about the immediate freezing of the suspension of tariff duties. 1c. The Council, acting by a qualified majority on a proposal from the Commission, which shall provide it beforehand with the necessary comparative information to ensure fulfilment of the conditions laid down in paragraph 1b, shall determine the implementing arrangements for this article, and shall, in particular, approve the products to be included in the annex referred to in paragraph 1a. 2. In order to prevent the suspension arrangements referred to in paragraph 1 from jeopardising the stabilisation measures referred to in Articles 20, 21, 22, 23, 25 and 26, qualification for such suspension shall be granted when the products concerned are imported, provided the price fixed under Article 29 and the conditions laid down in paragraph 1b of this article are complied with. |
(Amendment 48) Article 29(1), introduction
1. Reference prices valid for the Community may be fixed each year, by product category, for the products specified in Article 1 that are the subject of:
1. With a view to preventing disturbances arising from supplies from third countries at abnormal prices or in conditions liable to jeopardise the stabilisation measures laid down in Articles 20, 21, 22, 23, 25 and 26, reference prices valid for the Community shall be fixed each year, by product category, for the products specified in Article 1 that are the subject of:
(Amendment 49)
Article 31a (new)
Article 31a
The Council, acting by a qualified majority on a proposal from the Commission, may amend the annexes to this regulation and the percentages laid down in Articles 20 and 25.
(Amendment 50) Annex I(A), entry 19a (new)
19a. 0302 69 87 Swordfish (Xiphias gladius)
Thursday 2 December 1999
TEXT PROPOSED BY THE COMMISSION
AMENDMENTS BY PARLIAMENT
(Amendment 51)
Annex II(A), to add
0303 33 00 Sole (Solea vulgaris)
0303 79 87 Swordfish (Xiphias gladius)
(Amendment 52)
Annex V
(Annex V to be deleted.)
(Amendment 53) Annex VI
| A. Method for calculating the allowance provided for in Article 11 (in euro per member vessel) | A. Method for calculating the allowance provided for in Article 11(2)(A) (in euro per member vessel) | |||||
| Annual amount | Annual amount | Annual amount | Annual amount | |||
| Member vessels | during the first three years | during the two subsequent years | Member vessels | during the first three years | during the two subsequent years | |
| from 1st to 50th | 600 | 300 | from 1st to 50th | 400 | 200 | |
| from 51st to 100th | 200 | 100 | from 51st to 100th | 200 | 100 | |
| from 101st to 500th | 100 | 50 | from 101st to 500th | 100 | 50 | |
| from the 501st | 0 | 0 | from the 501st | 0 | 0 | |
| Increased by 1/1000 of the total value of the goods landed |
Aa. Method for calculating the allowance provided for in Article 11(2)(B)
2/1000 of the total value of the goods marketed
| B. Method for calculating the allowance provided for in Article 12 (in euro per member vessel) | B. Method for calculating the allowance provided for in Article 12 (Unit selling price x Aid percentage x volume of production under contract up to an aid ceiling of EUR 125 000 per annum) | |||
| Member vessels | Annual amount | Unit selling price (euro/kg) | Aid percentage | |
| From 1st to 50th | 1 000 | 0,015 to 0,30 | 7,5% | |
| From 51st to 100th | 500 | 0,31 to 0,90 | 5% | |
| From 101st to 500th | 250 | 0,91 to 1,50 | 2,5% | |
| From the 501st | 0 | 1,51 to 3,00 | 1,5% | |
| from 3,00 | 1% |
1
Member States may grant specific recognition to producer organisations as referred to in Article 5(1) which market the products covered by common marketing standards as laid down in Regulation (EC) No 2406/96 f) and which have submitted a plan to improve the quality and marketing of such products approved that has been approved by the competent national authorities.