Annexes to COM(2007)854 - Amendment of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products ("Single CMO Regulation") - Main contents
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| dossier | COM(2007)854 - Amendment of Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific ... |
|---|---|
| document | COM(2007)854  |
| date | April 14, 2008 |
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ANNEX VIIa
CALCULATION OF THE PERCENTAGE TO BE ESTABLISHED IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 59(2)
1. For the purpose of the calculation set out in point 2, the following definitions shall apply:
| (a) | “percentage at Member State level” means the percentage to be established in accordance with point 2 for the purpose of determining the total quantity to be reduced at the level of the Member State concerned; |
| (b) | “common percentage” means the common percentage established by the Commission in accordance with the first subparagraph of Article 59(2); |
| (c) | “reduction” means the figure obtained by dividing the total renunciation of quotas in the Member State by the national quotas as fixed in Annex III to Regulation (EC) No 318/2006 in the version applicable on 1 July 2006. For those Member States which were not members of the Community on 1 July 2006, the reference to that Annex concerns the version applicable on the date of their accession to the Community. |
2. The percentage at Member State level is equal to the common percentage multiplied by 1 – [(1/0,6) × the reduction].
When the result is below zero, the applicable percentage is equal to zero.
ANNEX VIIb
CALCULATION OF THE PERCENTAGE APPLICABLE TO UNDERTAKINGS IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 59(2)
1. For the purpose of the calculation set out in point 2, the following definitions shall apply:
| (a) | “applicable percentage” means the percentage to be established in accordance with point 2 and applicable to the quota allocated to the undertaking concerned; |
| (b) | “common percentage at Member State level” means the percentage calculated for the Member State concerned as: Qty/Σ [(1 – R/K) × Q] with
Σ refers to the sum of the product of (1 – R/K) × Q calculated for each undertaking holding a quota in the territory of the Member State; when the product is below zero, it shall be equal to zero; |
| (c) | “renunciation” means the figure obtained by dividing the quantity of quotas renounced by the undertaking concerned by its quota as allocated in accordance with Articles 7 and 11(1) to (3) of Regulation (EC) No 318/2006 and Article 60(1) to (3) of this Regulation; |
| (d) | “K” is calculated in each Member State by dividing the total reduction of quota in that Member State (voluntary renunciations plus the quantity to be reduced at the level of Member State referred to in point 1(a) of Annex VIIa) by its initial quota as fixed in Annex III to Regulation (EC) No 318/2006 in the version applicable on 1 July 2006. For those Member States which were not members of the Community on 1 July 2006, the reference to that Annex concerns the version applicable on the date of their accession to the Community. |
2. The applicable percentage is equal to the common percentage at Member State level multiplied by 1 – [(1/K) × the renunciation].
When the result is below zero, the applicable percentage is equal to zero.
ANNEX VIIc
CALCULATION OF THE COEFFICIENT TO BE ESTABLISHED IN ACCORDANCE WITH ARTICLE 52A(1)
1. For the purpose of the calculations set out in point 2, the following definitions shall apply:
| (a) | “coefficient at Member State level” means the coefficient to be established in accordance with point 2; |
| (b) | “reduction” means the figure obtained by dividing the total renunciation of sugar quotas in the Member State, including renunciations in the marketing year to which the withdrawal applies, by the national sugar quotas as fixed in Annex III to Regulation (EC) No 318/2006 in the version applicable on 1 July 2006. For those Member States which were not members of the Community on 1 July 2006, the reference to that Annex concerns the version applicable on the date of their accession to the Community; |
| (c) | “coefficient” means the coefficient established by the Commission in accordance with Article 52(2). |
2. For the 2008/2009 and 2009/2010 marketing years, the coefficient at Member State level shall be equal to the coefficient increased by [(1/0,6) × the reduction] × (1 – the coefficient).
When the result is above 1, the applicable coefficient is equal to 1.
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ANNEX II
‘ANNEX XIa
MARKETING OF THE MEAT OF BOVINE ANIMALS AGED 12 MONTHS OR LESS IN ACCORDANCE WITH ARTICLE 113B
I. Definition
For the purposes of this Annex, “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 12 months or less, presented fresh, frozen or deep-frozen, whether or not wrapped or packed.
II. Classification of bovine animals aged 12 months or less at the slaughterhouse
On slaughter, all bovine animals aged 12 months or less shall be classified by the operators, under the supervision of the competent authority referred to in point VII(1) of this Annex, in one of the following two categories:
| (A) | Category V: bovine animals aged 8 months or less Category identification letter: V; |
| (B) | Category Z: bovine animals aged more than 8 months but not more than 12 months Category identification letter: Z. |
This classification shall be carried out on the basis of the information contained in the passport accompanying the bovine animals or, failing this, on the basis of the data contained in the computerised database provided for in Article 5 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (1).
III. Sales descriptions
1. The sale description is the name under which a foodstuff is sold, within the meaning of Article 5(1) of Directive 2000/13/EC.
2. The meat of bovine animals aged 12 months or less shall only be marketed in the Member States under the following sales description(s) laid down for each Member State:
| (A) | For the meat of bovine animals in category V:
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| (B) | For the meat of bovine animals in category Z:
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3. The sales descriptions referred to in paragraph 2 may be supplemented by an indication of the name or designation of the pieces of meat or offal concerned.
4. The sales descriptions listed for category V in point A of the table set-out in paragraph 2 and any new name derived from those sales descriptions shall only be used if all the requirements of this Annex are met.
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.
IV. Compulsory information on the label
1. Without prejudice to Article 3(1) of Directive 2000/13/EC and Articles 13, 14 and 15 of Regulation (EC) No 1760/2000, at each stage of production and marketing, operators shall label the meat of bovine animals aged 12 months or less with the following information:
| (a) | the age of the animals on slaughter, indicated, as the case may be, on the form “age on slaughter: up to eight months” in the case of animals aged eight months or less, or “age on slaughter: from eight to 12 months” in the case of animals aged more than eight months but not more than 12 months; |
| (b) | the sales description in accordance with point III of this Annex. |
However, by way of derogation from point (a), operators may, at each stage of production and marketing, except the release to the final consumer, replace the age on slaughter by the category identification letter provided for in point II of this Annex.
2. In the case of the meat of bovine animals aged 12 months or less presented for sale un-prepacked at the point of retail sale to the final consumer, Member States shall lay down rules on how the information referred to in paragraph 1 is to be indicated.
V. Optional information on the label
Operators may supplement the compulsory information referred to in point IV by optional information approved in accordance with the procedure provided for in Articles 16 or 17 of Regulation (EC) No 1760/2000.
VI. Recording
At each stage of production and marketing of the meat of bovine animals aged 12 months or less, operators shall, in order to guarantee the accuracy of labelling information referred to in points IV and V, record in particular the following information:
| (a) | an indication of the identification number and the date of birth of the animals, at slaughterhouse level only; |
| (b) | an indication of a reference number making it possible to establish a link between, on the one hand, the identification of the animals from which the meat originates and, on the other hand, the sales description, the age on slaughter and the category identification letter given on the meat label; |
| (c) | an indication of the date of arrival and departure of the animals and meat in the establishment, to ensure that a correlation between arrivals and departures is established. |
VII. Official checks
1. Before 1 July 2008 Member States shall designate the competent authority or authorities responsible for official checks performed to verify the application of Article 113b and this Annex and inform the Commission thereof.
2. Official checks shall be carried out by the competent authority or authorities in accordance with the general principles laid down in Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (2).
3. The Commission shall, jointly with the competent authorities, ensure that Member States are complying with the provisions of Article 113b and this Annex.
4. The Commission's experts shall carry out, where required, jointly with the competent authorities concerned, and where applicable, the Member States’ experts, on the spot checks to ensure that the provisions of Article 113b and this Annex are being implemented.
5. Any Member State on whose territory checks are carried out shall provide the Commission with all necessary assistance which it may require for the accomplishment of its tasks.
VIII. Meat imported from third countries
1. The meat of bovine animals aged 12 months or less imported from third countries shall be marketed in the Community in accordance with the provisions of Article 113b and this Annex.
2. Operators from a third country wishing to place on the Community market meat as referred to in paragraph 1 shall subject their activities to checks by the competent authority designated by that third country or, failing that, an independent third-party body. The independent body shall provide full assurance of compliance with the conditions laid down in European Standard EN 45011 or ISO/IEC Guide 65 (General requirements for bodies operating product certification systems).
3. The designated competent authority or, where applicable, the independent third-party body shall ensure that the requirements of Article 113b and this Annex are met.
IX. Penalties
Without prejudice to any specific provisions which may be adopted by the Commission in accordance with Article 194 of this Regulation, Member States shall lay down the rules on penalties applicable to infringements of the provisions of Article 113b and this Annex and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The Member States shall notify the provisions on the penalties to the Commission by 1 July 2009 and shall notify it without delay of any subsequent amendment affecting them.’
(1) OJ L 204, 11.8.2000, p. 1. Regulation as last amended by Council Regulation (EC) 1791/2006 (OJ L 363, 20.12.2006, p. 1).
(2) OJ L 165, 30.4.2004, p. 1. Regulation as last amended by Commission Regulation (EC) No 180/2008 (OJ L 56, 29.2.2008, p. 4).
ANNEX III
‘ANNEX XVIa
EXHAUSTIVE LIST OF RULES THAT MAY BE EXTENDED TO NON-MEMBER PRODUCERS PURSUANT TO ARTICLE 125F AND ARTICLE 125L
1. Rules on production information
| (a) | notification of growing intentions, by product and where appropriate by variety; |
| (b) | notification of sowings and plantings; |
| (c) | notification of total areas grown, by product and if possible variety; |
| (d) | notification of anticipated tonnages and probable cropping dates by product and if possible variety; |
| (e) | periodic notification of quantities cropped and available stocks, by variety; |
| (f) | information on storage capacities. |
2. Production rules
| (a) | choice of seed to be used according to intended destination (fresh market/industrial processing); |
| (b) | thinning in orchards. |
3. Marketing rules
| (a) | specified dates for commencement of cropping, staggering of marketing; |
| (b) | minimum quality and size requirements; |
| (c) | preparation, presentation, packaging and marking at first marketing stage; |
| (d) | indication of product origin. |
4. Rules on the protection of the environment
| (a) | use of fertiliser and manure; |
| (b) | use of plant-health products and other crop protection methods; |
| (c) | maximum residue content in fruit and vegetables of plant-health products and fertilisers; |
| (d) | rules on disposal of by-products and used material; |
| (e) | rules concerning products withdrawn from the market. |
5. Rules on promotion and communication in the context of crisis prevention and management as referred to in Article 103c(2)(c).’
ANNEX IV
AMENDMENTS CONCERNING ANNEX XXII TO REGULATION (EC) No 1234/2007
1. In the table set-out under point 4 concerning Regulation (EEC) No 2759/75, the row indicating the correlation between the first paragraph, first indent of Article 3 of that Regulation and the respective provision in the Single CMO Regulation shall be replaced by the following:
| ‘Article 3 first paragraph, first indent | Article 31(1)(e)’ |
2. In the table set-out under point 26 concerning Regulation (EC) No 1255/1999, the rows indicating the correlations between Articles 6 to Article 9 of that Regulation and the respective provisions in the Single CMO Regulation shall be replaced by the following:
| ‘Article 6(1) first subparagraph | Articles 15(1) and 22 |
| Article 6(1) second and third subparagraphs | Article 15(2) |
| Article 6(2) first subparagraph, point (a), first indent | Article 10(1)(e) |
| Article 6(2) first subparagraph, point (a), second and third indents and point (b) | Article 10 in conjunction with Article 43(a) |
| Article 6(2) second subparagraph | Article 10 in conjunction with Article 43(a) |
| Article 6(3) first subparagraph | Article 28(a) |
| Article 6(3) second subparagraph | Article 29 |
| Article 6(3) third subparagraph | Article 43(d)(i) |
| Article 6(3) fourth subparagraph | Article 43(d)(iii) |
| Article 6(4) first subparagraph and second subparagraph first sentence | Article 25 and 43(f) |
| Article 6(4) second subparagraph second sentence | Article 43(d)(iii) |
| Article 6(5) | — |
| Article 6(6) | Article 6(2)(b) and (c) |
| Article 7(1) first subparagraph | Articles 10(1)(f), 16 first paragraph and 43(a) |
| Article 7(1) second subparagraph | Article 23 and 43(a) |
| Article 7(1) third subparagraph | Article 43(l) |
| Article 7(2) | Article 16 second paragraph |
| Article 7(4) | Article 25 and 43(e) |
| Article 8(1) | Article 28(b) |
| Article 8(2) and (3) | Article 30 and 43(d)(i) and (iii) |
| Article 9(1) | Articles 31(1)(d) and 36(1) |
| Article 9(2) | Article 31(2) |
| Article 9(3) | Article 43(d)(iii) |
| Article 9(4) | Article 36(2)’ |
3. In the table set-out under point 30 concerning Regulation (EC) No 2529/2001, the row indicating the correlation between Article 12 of that Regulation and the respective provision in the Single CMO Regulation shall be replaced by the following:
| ‘Article 12 | Articles 31(1)(f) and 38’ |
4. In the table set-out under point 40 concerning Regulation (EC) No 318/2006, the following point shall be inserted after the row concerning Article 19 of that Regulation:
| ‘Article 19a | Article 52a’ |
5. the following tables shall be added:
45. Regulation (EC) No 700/2007
| Regulation (EC) No 700/2007 | This Regulation |
| Article 1(1) and (2) | Article 113b(1) first subparagraph |
| Article 1(3) | Article 113b(2) |
| Article 2 | Point I of Annex XIa |
| Article 3 | Point II of Annex XIa |
| Article 4 | Point III of Annex XIa |
| Article 5 | Point IV of Annex XIa |
| Article 6 | Point V of Annex XIa |
| Article 7 | Point VI of Annex XIa |
| Article 8 | Point VII of Annex XIa |
| Article 9 | Point VIII of Annex XIa |
| Article 10 | Point IX of Annex XIa |
| Article 11(1) | Article 121 first paragraph, point (j) |
| Article 11(2) | Article 121 second paragraph |
| Article 12 | Article 195 |
| Article 13 | Article 113b(1) second subparagraph |
46. Regulation (EC) No 1182/2007
| Regulation (EC) No 1182/2007 | This Regulation |
| Article 1 first paragraph | Article 1(1)(i) and (j) |
| Article 1 second paragraph | Article 1(4) |
| Article 2(1) | Article 113a(1) |
| Article 2(2) | Article 113(1)(b) and (c) |
| Article 2(3) | Article 113(2)(a)(ii) |
| Article 2(4)(a) | Article 121(a) |
| Article 2(4)(b) | Article 113(2)(a) |
| Article 2(4)(c) | Article 113(2)(b) |
| Article 2(5) | Article 113a(2) |
| Article 2(6) | Article 113a(3) |
| Article 2(7) | Article 203a(7) |
| Article 3(1)(a) | Article 122(a) and (b) |
| Article 3(1)(b) | Article 125b(1)(a) |
| Article 3(1)(c)(i) | Article 122(c)(ii) |
| Article 3(1)(c)(ii) | Article 122(c)(i) |
| Article 3(1)(c)(iii) | Article 122(c)(iii) |
| Article 3(1)(d) | Article 125a(1) introductory words |
| Article 3(1)(e) | Article 122 |
| Article 3(2)-(5) | Article 125a |
| Article 4 | Article 125b |
| Article 5 | Article 125c |
| Article 6 | Article 125d |
| Article 7(1) and (2) | Article 125e |
| Article 7(3)-(5) | Article 103a |
| Article 8 | Article 103b |
| Article 9 | Article 103c |
| Article 10 | Article 103d |
| Article 11 | Article 103e |
| Article 12 | Article 103f |
| Article 13 | Article 103g |
| Article 14 | Article 125f |
| Article 15 | Article 125g |
| Article 16 | Article 125h |
| Article 17 | Article 125i |
| Article 18 | Article 125j |
| Article 19 | Article 184(4) |
| Article 20 | Article 123(3) |
| Article 21 | Article 125k |
| Article 22 | Article 176a |
| Article 23 | Article 125l |
| Article 24 | Article 125m |
| Article 25 | Article 125n |
| Article 26 | Article 128 |
| Article 27 | Article 129 |
| Article 28 | Article 130(1)(fa) and (fb) |
| Article 29 | Article 131 |
| Article 30 | Article 132 |
| Article 31 | Article 133 |
| Article 32 | Article 134 |
| Article 33 | Article 135 |
| Article 34 | Article 140a |
| Article 35(1)-(3) | Article 141 |
| Article 35(4) | Article 143 |
| Article 36 | Article 144 |
| Article 37 first paragraph | Article 145 |
| Article 37 second paragraph, points (a), (b) and (c) | Article 148 |
| Article 38 | Article 159 |
| Article 39 | Article 160 |
| Article 40 | Article 161(1)(da) and (db) |
| Article 41 | Article 174 |
| Article 42(a)(i) | Article 121(a) |
| Article 42(a)(ii) | Article 113a(3) |
| Article 42(a)(iii) | Article 121(a)(i) |
| Article 42(a)(iv) | Article 121(a)(ii) |
| Article 42(a)(v) | Article 121(a)(iii) |
| Article 42(b)(i) | Article 127(e) |
| Article 42(b)(ii) | Article 103h(a) |
| Article 42(b)(iii) | Article 103h(b) |
| Article 42(b)(iv) | Article 103h(c) |
| Article 42(b)(v) | Article 103h(d) |
| Article 42(b)(vi) | Article 103h(e) |
| Article 42(c) | Articles 127 and 179 |
| Article 42(d)-(g) | Article 194 |
| Article 42(h) | Articles 134, 143(b) and 148 |
| Article 42(i) | Article 192 |
| Article 42(j) | Article 203a(8) |
| Article 43 first paragraph | Articles 1(4) and 180 |
| Article 43 second paragraph, point (a) | Article 182(5) |
| Article 43 second paragraph, point (b) | — |
| Article 43 second paragraph, point (c) | Article 182(6) |
| Article 44 | Article 192 |
| Article 45 | Article 190 |
| Articles 46-54 | — |
| Article 55 | Article 203a(1)-(6)’ |