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Document 51996AP0041

Legislative resolution embodying Parliament' s opinion on the proposal for a Council Regulation on the common organization of the market in fruit and vegetables (COM(95) 0434 - C4-0505/95 - 95/0247(CNS)) (Consultation procedure)

OJ C 96, 30.3.1996, p. 240 (ES, DA, DE, EL, EN, FR, IT, NL, PT, SV)

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Official Journal

51996AP0041

A4-0041/96

Proposal for a Council Regulation on the common organization of the market in fruit and vegetables (COM(95)0434 - C4-0505/95 - 95/0247(CNS))

The proposal was approved with the following amendments:

(Amendment 1)

Recital -1 (new)

>Text following EP vote>

Whereas the new framework constituted by the reform of the CAP and the conclusion of the Uruguay Round requires urgent adaptation of the common organizations of the market (COMs) which have not yet been reformed, to enable producers to adjust rapidly to this new situation, while maintaining their income levels, and prevent undesirable discrimination between different agricultural products within the European Union;

(Amendment 181)

Recital 3a (new)

>Text following EP vote>

Having regard to the importance of this sector within the European Union, in particular its economic contribution to final agricultural production, the high number of agricultural holdings, the employment these create and the role they play in combating the flight from the countryside by preserving the social and economic fabric;

(Amendments 2 and 193)

Recital 4

>Original text>

>Text following EP vote>

Whereas it would be desirable, for reasons of simplicity, to adopt as the standards applicable under the Community's market organization those adopted by the United Nations Economic Commission for Europe in respect of products covered by that organization; whereas it is necessary to set the terms on which these international standards can be adjusted to the specific requirements of the Community, taking into account the different sizes of particular regional varieties; whereas to this end the Commission shall in the near future draw up quality standards which satisfy consumer requirements to the greatest possible extent, not least by providing more detailed information about production methods and environmental standards;

(Amendment 3)

Recital 6

>Original text>

Whereas the production and marketing of fruit and vegetables should take full account of environmental concerns, including cultivation practices, the management of waste materials and the destruction of products withdrawn from the market, in particular as regards the protection of water quality, the maintenance of biodiversity and the upkeep of the countryside;

>Text following EP vote>

Whereas the production and marketing of fruit and vegetables, just like other agricultural products, should take full account of environmental concerns, including cultivation practices, the management of waste materials and the destruction of products withdrawn from the market, in particular as regards the protection of water quality, the maintenance of biodiversity and the upkeep of the countryside;

(Amendment 194)

Recital 7

>Original text>

>Text following EP vote>

Whereas producer organizations are the basic elements in the market organization, the decentralised operation of which they ensure at their level; whereas in the face of ever greater concentration of demand, the grouping of supply through these organizations is more than ever an economic necessity in order to strengthen the position of producers in the market; whereas such grouping must be effected on a voluntary basis and must prove its utility by the scope and efficiency of the services offered by producer organizations to their members; whereas producer cooperation varies significantly in different Member States; whereas the main criteria for producer organizations should be that they trade efficiently, adopt relevant market practices and are controlled by producers;

(Amendment 4)

Recital 7a (new)

>Text following EP vote>

Whereas small producers should be encouraged to form cooperatives to improve their efficiency and competitiveness in the fields of packaging, marketing and distribution to gain recognition as a producer organization;

(Amendment 154)

Recital 7b (new)

>Text following EP vote>

Whereas the fruit and vegetables sector employs by far the highest number of workers per hectare and is the sector which most closely connects human beings to the earth;

(Amendment 155)

Recital 7c (new)

>Text following EP vote>

Whereas in this sector small producers are the majority, as the average area per holding is 4 ha in horticulture and 7 ha in fruit-growing, and whereas it is also the sector least protected by Community preference;

(Amendment 156)

Recital 7d (new)

>Text following EP vote>

Whereas, however, the CAP does not exist solely to support production, but it must henceforth also take on a more equitable character with the emphasis on its hitherto neglected functions, i.e. its social, environmental and planning functions;

(Amendment 182)

Recital 10

>Original text>

Whereas in order to give producer organizations greater responsibility for their financial decisions in particular and to gear the public resources assigned to them towards future requirements, terms should be set for the use of these resources; whereas joint financing of operational funds set up by producer organizations presents itself as an appropriate solution;

>Text following EP vote>

Whereas, in order to ensure that withdrawals remain a short-term means of intervention, their use should be limited to a percentage of the volume marketed each year and whereas, to gear the public resources assigned to them towards future requirements, terms should be set for the use of these resources;

(Amendment 5)

Recital 10a (new)

>Text following EP vote>

Whereas it is inappropriate to introduce joint financing into market management, either by producers or by the Member States, since this would infringe the principle of financial solidarity applied to other sectors which have already undergone reform and would create discrimination between the treatment applicable to different products and also among the various Member States, according to their economic capacity;

(Amendment 6)

Recital 10b (new)

>Text following EP vote>

Whereas the reorientation of the basic rules of the common organization of markets in the fruit and vegetables sector must take into consideration the commitment of the 'Jumbo' Council of September 1993 to respect in all sectors the principles of financial solidarity and Community preference as laid down in 1992 with the adoption of guidelines for the reform of the CAP, including the WTO commitments entered into;

(Amendment 7)

Recital 10c (new)

>Text following EP vote>

Whereas in the sectors to be reformed the basic principles of the CAP should be applied, namely: Community preference, financial solidarity and market unity; whereas at the Jumbo Council of September 1993 the Commission and Council undertook to respect, in the sectors still to be reformed, the application of the agricultural and financial principles which have inspired the reform of the CAP thus far, with a view to guaranteeing the farmers' incomes; whereas these principles should, therefore, govern the reform of the COM in fruit and vegetables;

(Amendment 8)

Recital 10d (new)

>Text following EP vote>

Whereas there needs to be a fair distribution of the increased expenditure of the various sectors reformed under the CAP, given that the conclusions of the Uruguay Round oblige these sectors to make greater efforts to improve their competitive position and to cope with the lowering of the Community preference; whereas in this context there have been massive increases in expenditure in recent years in sectors such as cereals, beef and veal, and milk, in order to safeguard producers' incomes, and whereas it is therefore fair that there should be sufficient budget appropriations in the fruit and vegetables sector to take the necessary measures, as specified in this Regulation, for the survival of holdings and to guarantee a minimum level of incomes for producers;

(Amendment 9)

Recital 10e (new)

>Text following EP vote>

Whereas, in regions where this is necessary for practical reasons of a social, environmental, economic, commercial or employment nature, the Commission should, in the event of defective functioning or lack of transparency of the producer organizations operating in these areas, be able to empower regional authorities, working in conjunction with producer organizations, to lay down direct income support for producers of certain products in cases of overriding need and on the basis of specific programmes; whereas such support, to be financed under the EAGGF and administered by producer organizations, must not under any circumstances be allowed to distort the principles of healthy competition;

(Amendment 10)

Recital 14

>Original text>

Whereas to stabilize prices it is desirable that producer organizations should be able to intervene on the market, in particular by deciding not to put up for sale particular quantities at particular periods; whereas these withdrawal operations must not be regarded as an alternative outlet to the market itself; whereas Community financing of withdrawals should therefore be restricted to a set percentage of production and the Community compensation granted at a reduced level, though use of the operational funds for this purpose should be permitted; whereas for simplicity Community compensation should be at a single flat rate for each product; whereas, to achieve a comparable reduction for all products, certain differentiations are required;

>Text following EP vote>

Whereas to stabilize prices it is necessary to intervene on the market, in particular by not putting up for sale particular quantities at particular periods; whereas these withdrawal operations must not be regarded as an alternative outlet to the market itself; whereas Community financing of withdrawals should therefore be restricted to a set percentage of production; whereas for simplicity Community compensation should be at a single flat rate for each product and its varieties; whereas, to achieve a comparable reduction for all products, certain differentiations are required;

(Amendment 11)

Recital 14a (new)

>Text following EP vote>

Whereas in view of the need to prevent the environmental problems which may arise from abandoning crops in fields, the reduction in Community withdrawal compensation at the end of the transitional period may not exceed a specific level so as to allow, in any event, the expenses of recovery and transport to be covered; whereas in order to comply with these criteria, the compensation for tomatoes and satsumas must be equal to the highest withdrawal price;

(Amendment 12)

Recital 14b (new)

>Text following EP vote>

Whereas every effort must be made to ensure that products are not left lying on the land by not harvesting them; whereas this can be avoided with apples by once again offering the product for which intervention is paid to the processing industry at a lower price but with an EAGGF premium in order to encourage processing of the intervention product;

(Amendment 14)

Recital 16a (new)

>Text following EP vote>

Whereas the planned reduction in withdrawals and their financing by the Community necessitate an appropriate form of protection against social and ecological dumping and to safeguard producers' incomes;

(Amendment 15)

Recital 17a (new)

>Text following EP vote>

Whereas the principle of Community preferences, subject to the agreements concluded in the WTO, must be upheld, and whereas therefore the utmost care must be exercised in concluding new bilateral commercial agreements or in granting preferential tariffs, particularly in the case of sensitive products; whereas it is only fair if, in future, such concessions have to be made dependent on specific measures for the sector in question, for example the setting-up of promotion funds;

(Amendment 16)

Recital 17b (new)

>Text following EP vote>

Whereas the conclusion of the Uruguay Round multilateral trade negotiations and other preferential agreements with third countries are having an adverse effect on Community preference and farm incomes by creating market problems; whereas these income losses should be compensated;

(Amendment 17)

Recital 22a (new)

>Text following EP vote>

Whereas the common organization of the market in fruit and vegetables should ensure a plentiful supply of good-quality fruit and vegetables to European consumers at prices that are affordable for low-income families, given the importance of fresh fruit and vegetables for a healthy diet;

(Amendment 18)

Article 2(1)

>Original text>

1. Products to be delivered fresh to the consumer may be classified by reference to a set of standards.

>Text following EP vote>

1. Products to be delivered fresh to the consumer may be classified by reference to a set of standards: products shipped to processing plants are not required to comply with these standards. However, minimum quality criteria may be established, in accordance with the procedure laid down in Article 45, for products intended for processing.

(Amendment 19)

Article 2(2)

>Original text>

2. The UN/ECE standards for fresh fruit and vegetables recommended by the Economic Commission for Europe's Working Party on Perishable Product Standardization and Quality Improvement that exist on the date of entry into force of this Regulation shall be adopted in accordance with the procedure laid down in Article 45 for the purpose of implementing the market organization in the products listed in Annex I hereto. Until these standards are adopted, the standards defined under Article 2 of Regulation (EEC) No 1035/72 shall continue to apply.

>Text following EP vote>

2. The standards for the purpose of implementing the market organization in the products listed in Annex I hereto shall remain those adopted under Article 2 of Regulation (EEC) No 1035/72. These standards shall be adapted in accordance with the procedure set out in Article 45.

If the standards recommended by the United Nations Economic Commission for Europe's Working Party on Perishable Product Standardization and Quality Improvement correspond to, or are adapted to, the (modified) standards adopted under Article 2 of Regulation (EEC) No 1035/72, these international standards for implementing the market organization in the products listed in Annex I hereto shall be adopted in accordance with the procedure laid down in Article 45.

(Amendment 20)

Article 2(3)

>Original text>

3. Derogations from the standards adopted pursuant to paragraph 1 which prove necessary in order to meet requirements specific to the market organization shall be adopted in accordance with the procedure laid down in Article 45.

>Text following EP vote>

3. Derogations from the standards adopted pursuant to paragraph 1 which prove necessary in order to meet requirements specific to the market organization or additional standards, particularly of taste, shall be adopted in accordance with the procedure laid down in Article 45.

(Amendment 21)

Article 2(3a) (new)

>Text following EP vote>

3a. The ECE/UN standards for fresh fruit and vegetables adopted by this Regulation shall be revised every two years.

(Amendment 22)

Article 3(1), second and third subparagraphs

>Original text>

However, Member States may exempt the following from the requirement of complying with the quality standards or with some of their provisions:

>Text following EP vote>

Deleted

>Original text>

(a) products displayed or offered for sale, sold, delivered or marketed in any other manner by the grower on wholesale markets, in particular on producer markets, situated in the production area;

>Original text>

(b) products shipped from those wholesale markets to preparation and packing stations and storage facilities situated in the same production area.

>Original text>

Where the second subparagraph is applied, the Member State concerned shall inform the Commission and shall notify it of the measures taken.

(Amendment 23)

Article 3(2), introduction

>Original text>

2. The following shall not be required to conform to the quality standards within a given production area:

>Text following EP vote>

2. The following shall not be required to conform to the quality standards within a given production area within a Member State:

(Amendment 24)

Article 3(3)(a)

>Original text>

(a) products shipped to processing plants, unless minimum quality criteria for products intended for industrial processing are set in accordance with the procedure laid down in Article 45.

>Text following EP vote>

(a) products shipped to processing plants, where evidence is supplied with regard to their intended use;

>Original text>

Evidence must be supplied that such products fulfil the conditions laid down in particular with regard to their intended use;

(Amendment 25)

Article 4

>Original text>

Where the supply of products conforming to the quality standards is insufficient to meet consumer demand, measures derogating from their application for a limited period shall be adopted in accordance with the procedure laid down in Article 45.

>Text following EP vote>

1. In the event of a serious crisis on the market where the supply of products conforming to the quality standards is significantly lower than consumer demand or significantly in excess of such demand, measures derogating from their application may be taken for a limited period.

>Text following EP vote>

2. The measures referred to in paragraph 1 shall be adopted in accordance with the procedure laid down in Article 45.

(Amendment 26)

Article 6, second paragraph, indent 3a (new)

>Text following EP vote>

- environmental criteria (where applicable).

(Amendment 27)

Article 7, first paragraph

>Original text>

To establish whether products covered by quality standards conform to the provisions of Articles 3 to 6, checks shall be made by sampling at all marketing stages and during transport by the authorities appointed by each Member State in accordance with Title VI.

>Text following EP vote>

In any event, the holder of the products shall be held liable at all stages of the marketing chain for any failure to comply with the standards.

(Amendment 28)

Article 7, second paragraph

>Original text>

These checks shall preferably be made prior to dispatch from production areas when the products are being packed or loaded.

>Text following EP vote>

These checks shall preferably be made prior to dispatch from production areas when the products are being packed or loaded and at the point of sale. In the case of goods originating in third countries, the checks shall be carried out before the goods enter the Community.

(Amendment 29)

Article 7, third paragraph

>Original text>

Member States shall communicate to the other Member States and to the Commission the names of the authorities which they have appointed to be responsible for checking.

>Text following EP vote>

Member States shall communicate to the other Member States and to the Commission the names of the authorities which they have appointed to be responsible for checking and the nature of the checks. If practical experience shows that the checks are inadequate, the Commission may apply suitable sanctions.

>Text following EP vote>

Checks shall also be carried out to ensure that imports from third countries of products covered by quality standards conform equally to the standards applied within the Community.

(Amendment 30)

Article 8(2), subparagraph 1a (new)

>Text following EP vote>

Imported products shall undergo a quality check before leaving the customs territory of the third country exporting them to the European Union.

(Amendment 186)

Article 11(1)(a), introduction

>Original text>

(a) which is formed on the own initiative of growers of the fruit and/or vegetables listed in Article 1(2) in order, in particular,

>Text following EP vote>

(a) which is formed on the own initiative of growers of the fruit and/or vegetables listed in Article 1(2). It may take the form of an association of producers at national level. It shall aim, in particular, as a minimum objective:

(Amendment 32)

Article 11(1)(a)(2)

>Original text>

(2) to promote concentration of supply by placing on the market the products produced by its members;

>Text following EP vote>

(2) to promote concentration of supply and marketing of the products produced by its members, by organizing the sale or marketing of products referred to in Article 1(2);

(Amendment 33)

Article 11(1)(a)(3)

>Original text>

(3) to reduce production costs and stabilize prices;

>Text following EP vote>

(3) to reduce production costs and stabilize prices and to strengthen the negotiating position of the producers vis-à-vis the processing and distribution industries;

(Amendment 34)

Article 11(1)(a)(4)

>Original text>

(4) to promote the use of cultivation practices, production techniques and waste-management practices that are environmentally sound, in particular to protect the quality of water, soil and landscape and encourage biodiversity;

>Text following EP vote>

(4) to promote the use of cultivation practices and regional marketing, production techniques which save energy and water and waste-management practices and methods that are environmentally sound, in particular to protect the quality of water, soil and landscape and encourage biodiversity;

(Amendment 35)

Article 11(1)(a) (4a), (4b) and (4c) (new)

>Text following EP vote>

(4a) to improve market knowledge and transparency by real-time monitoring, using appropriate and effective management tools (centralizing invoices and payments, etc.)

>Text following EP vote>

(4b) to support and increase producers' incomes;

>Text following EP vote>

(4c) to implement, where necessary, comprehensive and planned intervention measures with the aim of restructuring cultivation;

(Amendment 36)

Article 11(1)(b)(2)

>Original text>

(2) to belong to only one producer organization in respect of the given holding;

>Text following EP vote>

(2) to belong to only one producer organization in respect of the given holding, for all the products for which the relevant organization is recognized. However, if a producer has land under cultivation in the areas covered by more than one producer organization, he may belong to more than one such organization;

(Amendment 166)

Article 11(1)(b)(3), introduction

>Original text>

(3) to market their entire production through the producer organization. However, where the producer organization so authorizes and in compliance with the terms and conditions it lays down, the producer members may:

>Text following EP vote>

(3) to market, through the producer organization, their entire production of all products for which the organization of which they are a member has been recognized. However, where the producer organization so authorizes and in compliance with the terms and conditions it lays down, the producer members may:

(Amendment 37)

Article 11(1)(b)(3), indents

>Original text>

- sell not more than 10% of their production directly on their holding to consumers for their personal needs,

>Text following EP vote>

- sell not more than 10% of their production directly on their holding to consumers,

>Original text>

and furthermore:

>Original text>

- market themselves, or through another producer organization designated by their own organization, quantities of products which are marginal in relation to the volumes marketable by their organization,

>Text following EP vote>

>Original text>

- market through another producer organization designated by their own organization products which because of their characteristics, are not normally covered by the commercial activities of the organization concerned;

>Text following EP vote>

Deleted

(Amendment 38)

Article 11(1)(b)(3), indent 3a (new)

>Text following EP vote>

- promote, or participate in, bodies whose aim is to market or promote the product or products concerned. This may take the form of a permanent ongoing commitment in the form of a shareholding in marketing companies, bodies or agencies with their headquarters on national or Community territory or outside the Community. This is also consistent with the creation of MOC (macro trading structures) or other types of company provided for in other Community Regulations referred to previously (see Structural Fund Regulations (EEC) Nos 2052/881, 866/902, 3669/933 et seq.).

>Text following EP vote>

1 OJ L 185, 15.7.1988, p. 9.

2 OJ L 91, 6.4.1990, p. 1.

3 OJ L 338, 31.12.1993, p. 26.

(Amendment 39)

Article 11(1)(c) (1) to (5)

>Original text>

(1) procedures for determining, adopting and amending the rules referred to in point (1) of (b),

>Text following EP vote>

(1) rules enabling the producer members democratically to scrutinize their organization and its decisions,

>Original text>

(2) the contributions needed to finance the producer organization,

>Text following EP vote>

(2) the contributions or other levies on sales or trading margins needed to finance the producer organizations and to draw up an operating budget;

>Original text>

(3) rules enabling the producer members democratically to scrutinize their organization and its decisions,

>Text following EP vote>

(3) procedures for determining, adopting and amending the rules referred to in point (1) of (b),

>Original text>

(4) penalties for infringement of obligations under the rules of association, particularly non-payment of contributions, and of the rules laid down by the producer organization,

>Text following EP vote>

(4) penalties for infringement of obligations under the rules of association, particularly non-payment of contributions, and of the rules laid down by the producer organization,

>Text following EP vote>

(4a) the possibility, with regard to the form of selling they adopt, for producer organizations to develop relations with other associations and branches,

>Original text>

(5) rules on the admission of new members, particularly a minimum membership period;

>Text following EP vote>

(5) rules on the admission of new members, particularly a minimum membership period, and

>Text following EP vote>

(5a) appropriate commercial management and accounting practices;

(Amendment 40)

Article 11(2)(a)

>Original text>

(a) they meet the requirements laid down in paragraph 1 and provide the relevant evidence, including proof that they have a minimum number of members and cover a minimum volume of marketable production, to be determined in accordance with the procedure laid down in Article 45;

>Text following EP vote>

(Amendment 41)

Article 11(2)(b)

>Original text>

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

>Text following EP vote>

(b) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness; the reorganization of existing producer groupings to increase effectiveness may also be eligible for support;

(Amendment 42)

Article 11(2)(c)

>Original text>

(c) they actually provide their producer members with technical assistance in using environmentally sound cultivation practices and for storing, packaging and marketing their produce and, in discharging their allotted tasks, ensure proper commercial management of their activities, including keeping appropriate accounts.

>Text following EP vote>

(c) they actually provide their producer members with technical assistance in using cultivation practices which are environmentally sound and/or which involve product innovation, adapting products to the technical requirements of processing, and technical support for storing, packaging and marketing their produce and, in discharging their allotted tasks, ensure proper commercial management of their activities, including keeping appropriate accounts.

(Amendment 43)

Article 12(1)(a)

>Original text>

(a) decide whether to grant recognition to a producer organization within three months of the lodging of an application with all relevant supporting documents;

>Text following EP vote>

(a) decide, giving a reasoned explanation, whether to grant recognition to a producer organization within three months of the lodging of an application with all relevant supporting documents;

(Amendment 44)

Article 12a (new)

>Text following EP vote>

Article 12a

1. During the transitional period of six years adjustment programmes shall be drawn up by the Member States, consisting of accompanying measures aimed at remedying regional structural deficiencies which make the organization of the production sector difficult.

>Text following EP vote>

2. These adjustment programmes shall be financed entirely from EU funds and shall be designed to:

>Text following EP vote>

- help the producer organizations to achieve a larger scale from the commercial point of view, by grouping together or incorporating new members, and assist their creation where they do not already exist;

>Text following EP vote>

- help producers with crops which are not adapted to the current market to be commercially reintegrated, by means of research measures to find possible profitable alternatives, subsequent development and their adoption by farmers;

>Text following EP vote>

- convert and restructure holdings in favour of varieties which are better adapted to the market or to implement those measures requested by the producer organizations which are designed to facilitate the improvement of regional production infrastructure;

>Text following EP vote>

- solve the problems of specific products of regional importance which are suffering the adverse consequences of imports from third countries;

>Text following EP vote>

- promote measures aimed at improving information about the sector in terms of censuses and statistics;

>Text following EP vote>

- carry out market analyses to prepare for implementation of this Regulation;

>Text following EP vote>

- promote access to new markets in third countries;

>Text following EP vote>

- improve the training of the staff needed to apply and coordinate the marketing instruments under this Regulation;

>Text following EP vote>

- subsidize expenditure for research into new methods of integrated pest control;

>Text following EP vote>

- subsidize expenditure for improving analysis methods for residue control;

>Text following EP vote>

- subsidize expenditure for the training of staff to manage the operational funds for each producer organization.

(Amendment 45)

Article 13(1)

>Original text>

1. Producer organizations recognized under Articles 13 and 13a of Regulation (EEC) No 1035/72 up to 30 June 1995 which are unable to qualify for recognition under Article 11 of this Regulation without a transitional period may continue to operate under the provisions of Title IV for two years after its entry into force, provided they remain in compliance with the requirements of the said Articles of Regulation (EEC) No 1035/72.

>Text following EP vote>

1. Producer organizations recognized under Articles 13 and 13a of Regulation (EEC) No 1035/72 up to the entry into force of this Regulation which are unable to qualify for recognition under Article 11 of this Regulation without a transitional period may continue to operate under the provisions of Title IV for three years after its entry into force, provided they remain in compliance with the requirements of the said Articles of Regulation (EEC) No 1035/72.

(Amendment 46)

Article 13(1a) (new)

>Text following EP vote>

1a. Producer organizations recognized under Regulation (EEC) No 1035/72 and which opt for the transitional arrangements shall maintain a form of recognition that allows them to extend their legal status as a recognized association with legal personality under private law allowing their operation and the publication of their proceedings.

(Amendment 47)

Article 13(2), introductory phrase

>Original text>

2. The period of two years referred to in paragraph 1 may be extended to four years provided the organization concerned:

>Text following EP vote>

2. The period of three years referred to in paragraph 1 may be extended to six years provided the organization concerned:

(Amendment 48)

Article 14(1)

>Original text>

1. New producer organizations not recognized pursuant to Regulation (EEC) No 1035/72 may be allowed a transitional period of no more than four years in which to meet the conditions for recognition laid down in Article 11.

>Text following EP vote>

1. Producer organizations may be allowed a transitional period of no more than six years in which to meet the conditions for recognition laid down in Article 11.

>Original text>

In order to qualify, they shall present a phased plan of action to the relevant Member State, acceptance of which shall signal the start of the four-year period referred to in the first subparagraph and shall constitute a preliminary recognition.

>Text following EP vote>

In particular, new producer groups or such groups as have not been recognized pursuant to Regulation (EEC) No 1035/72 shall present a phased plan of action to the relevant Member State, acceptance of which shall signal the start of the six-year period referred to in the first subparagraph and shall constitute a preliminary recognition.

(Amendment 49)

Article 14(1a) (new)

>Text following EP vote>

1a. A producer organization created by a merger of several producer organizations shall be considered for all purposes to be a newly founded producer organization.

(Amendment 50)

Article 14(2), introductory phrase

>Original text>

2. During the four years following the date of preliminary recognition, Member States may grant to the producer organizations referred to in paragraph 1:

>Text following EP vote>

2. During the six years following the date of preliminary recognition, Member States may grant to the producer organizations referred to in paragraph 1:

(Amendment 51)

Article 14(6a) (new)

>Text following EP vote>

6a. All benefits pursuant to this Regulation shall also be made available to new producer organizations formed from the merger of two or more existing organizations.

(Amendment 192)

Article 15(1)

>Original text>

>Text following EP vote>

1. Financial assistance shall be granted on the terms set out in this Article to producer organizations setting up an operational fund maintained by levies on their member producers directly proportional to the quantities of fruit and vegetables actually marketed by them. This financial assistance shall be additional to the operational fund. The total available under this operational fund shall be enough to ensure that it can achieve the objectives for which it is intended, and may be equivalent to 15% of the value of the production marketed per producer organization.

(Amendment 53)

Article 15(2)

>Original text>

2. Operational funds as indicated in paragraph 1 shall be used:

>Text following EP vote>

2. Operational funds as indicated in paragraph 1 shall be used:

>Original text>

(a) to finance both market withdrawals and processing of citrus fruit on the terms set out in paragraph 3;

>Text following EP vote>

(a) to finance the supplements to the Community withdrawal compensation for the products referred to in Annex II and the withdrawal of products not included in Annex II;

>Text following EP vote>

(aa) to finance the processing of citrus fruit and other products referred to in Article 1 delivered to the processing industry.

>Original text>

(b) to finance an operational programme submitted to the competent national authorities and approved by them under paragraph 6.

>Text following EP vote>

(b) to finance an operational programme submitted to the competent national authorities and approved by them under paragraph 6.

>Original text>

Such funds may also be used in whole or in part to finance an action plan submitted by a producer organization as referred to in Article 13.

>Text following EP vote>

Such funds may also be used in whole or in part to finance an action plan submitted by a producer organization as referred to in Articles 13 and 14.

(Amendment 54)

Article 15(3), 1st subparagraph, introductory phrase

>Original text>

3. Use of the operational fund to finance withdrawals and/or the processing of citrus fruit shall be permissible only if an operational programme has been approved by the competent national authorities. Financing shall take one of the following forms:

>Text following EP vote>

3. Use of the operational fund to finance withdrawals and/or the processing of citrus fruit or any of the products referred to in Article 1, shall be permissible only if an operational programme has been approved by the competent national authorities. Financing shall take one of the following forms:

(Amendment 55)

Article 15(3), 1st subparagraph (c)

>Original text>

(c) a supplement to the minimum price to be paid to producers for citrus fruit delivered for processing under Council Regulations (EEC) No 1035/77 and (EC) No 3119/93.

>Text following EP vote>

(c) a supplement to the minimum price to be paid to producers for citrus fruit delivered for processing under Council Regulations (EEC) No 1035/77 and (EC) No 3119/93 and to the prices obtained by producers for their deliveries to the processing industry of any of the products referred to in Article 1. Such products may be determined in accordance with the procedure described in Article 45.

(Amendment 188)

Article 15(3), 2nd subparagraph

>Original text>

Member States may set a maximum level to the compensation or supplements so decided, but not exceeding the maximum level of withdrawal prices applying in the 1995/96 marketing year in accordance with Article 16(3a), Article 16a, Article 16b and the first indent of point (a) of Article 18(1) of Regulation (EEC) No 1035/72.

>Text following EP vote>

The Commission, using the procedure laid down in Article 45, may set a maximum level to the compensation or supplements so decided, which may not be granted at a level of more than 15% of the average production marketed by the producer organization over three consecutive marketing years established retrospectively with effect from the fifth marketing year following entry into force of this Regulation.

(Amendment 152)

Article 15(3), 3rd subparagraph

>Original text>

The proportion of the operational fund which may be used to finance withdrawals may not exceed 40% in the first year, 35% in the second, 30% in the third, 20% in the fourth and 10% from the fifth year onwards, commencing from the date of approval by the competent national authorities of the first operational programme submitted by the producer organization and approved by them.

>Text following EP vote>

The proportion of the operational fund which may be used to finance withdrawals may not affect a quantity in excess of 40% in the first year, 35% in the second, 30% in the third, 20% in the fourth and 15% from the fifth year onwards, commencing from the date of approval by the competent national authorities of the first operational programme submitted by the producer organization and approved by them.

(Amendment 58)

Article 15(4), 1st subparagraph (a)

>Original text>

(a) have as their objectives the improvement of product quality, boosting products' commercial value, promotion of the products targeted on consumers and creation of organic product lines;

>Text following EP vote>

(a) have as their objectives the promotion of diversification of varieties grown, the improvement of product quality, particularly taste, boosting products' commercial value, their storage and packaging,the improvement of commercial structures and resources, the carrying-out of research and new market access, the training of the marketing team, the development of new products and presentation methods, promotion of the products targeted on consumers, creation of low-residue content, integrated-control-derived, organic and integrated crop management (ICM) product lines, the establishment of a marketing department, and the pursuit of additional marketing measures;

(Amendment 59)

Article 15(4), 1st subparagraph (aa) (new)

>Text following EP vote>

(aa) determine measures designed to match supply to demand, planning and controlling production, improving cultivation methods and production facilities and promoting research and development;

(Amendment 60)

Article 15(4), 1st subparagraph (ab) (new)

>Text following EP vote>

(ab) make provision in their financial forecasts for the technical and human resources needed to ensure compliance with plant-health standards and rules and the maximum authorized levels of residues, by creating and modernizing quality control departments, and setting up laboratories to check residues, carry out water analysis, etc;

(Amendment 61)

Article 15(4), 1st subparagraph (b)

>Original text>

(b) include action to develop the use of environmentally sound techniques by the producer members with regard to both cultivation practices and the management of waste materials;

>Text following EP vote>

(b) include action to develop the use of environmentally sound techniques by the producer members with regard to both cultivation practices and the management of waste materials, and, in general, measures for training producers, improving cultivation techniques and collaboration in research, experimentation and/or technology transfers;

(Amendment 62)

Article 15(4), 1st subparagraph (ca) (new)

>Text following EP vote>

(ca) include forms of investment related to the adjustment, improvement and modernization of product lines or machines to assist the quality harvesting of products carried out by producer organizations on behalf of their members;

(Amendment 63)

Article 15(4), 1st subparagraph (cb) (new)

>Text following EP vote>

(cb) fund regional income support programmes, drawn up by the regional authorities in conjunction with producer organizations, for regions which are largely dependent in socio-economic terms on fruit and vegetables, have problems adjusting to the market, produce varieties whose prices are to be reduced and whose socio-economic and environmental equilibrium could be compromised as a result of the present reform;

(Amendment 64)

Article 15(4), 2nd subparagraph a (new)

>Text following EP vote>

The producer organizations may set other complementary goals for the operational programme on the basis of their specific productive and commercial characteristics.

(Amendment 65)

Article 15(4), 2nd subparagraph b (new)

>Text following EP vote>

The programmes referred to in paragraph 1 may involve different producer organizations within a region which is clearly homogeneous from a production point of view, and cooperation with regional authorities, especially where such organizations are not sufficiently well-established or operational.

(Amendment 66)

Article 15(5)

>Original text>

5. The financial assistance referred to in paragraph 1 shall be equal to the amount of the levies indicated in that paragraph as actually paid but limited to 50% of the actual expenditure incurred under paragraph 2. This percentage shall be 60% where an operational programme or part of an operational programme is submitted:

>Text following EP vote>

5. The financial assistance referred to in paragraph 1 shall be limited, within its maximum global amount, to:

- 80% of the actual expenditure incurred under paragraph 2(a) and (aa), i.e. the supplements to the Community withdrawal compensation for the products referred to in Annex II and the withdrawal of products not included in Annex II, as well as the processing of citrus fruit and other products delivered to the processing industry.

>Text following EP vote>

However, the withdrawal of the products referred to in Annex II shall continue to be financed by the EAGGF-Guarantee Section on the terms set out in this Regulation.

>Text following EP vote>

Moreover, the aid for supplements to the Community withdrawal compensation and for the withdrawal of products not included in Annex II shall in any case apply to no more than 15% of the volume marketed per producer organization, with effect from the fifth marketing year following the entry into force of this Regulation;

>Text following EP vote>

- 50% of the actual expenditure incurred under paragraph 2(b);

>Text following EP vote>

- 60% where an operational programme or part of an operational programme is submitted:

>Original text>

(a) either by several Community producer organizations operating in different Member States on transnational schemes, except for operations as referred to in paragraph 2(a),

>Text following EP vote>

(a) by several Community producer organizations operating in different Member States on transnational schemes, except for operations as referred to in paragraph 2(a),

>Text following EP vote>

(aa) by one or more associations of producer organizations considered as representative,

>Original text>

(b) or by one or more producer organizations engaged in schemes operated on an interbranch basis.

>Text following EP vote>

(b) or by one or more producer organizations engaged in schemes operated on an interbranch basis.

(Amendment 67)

Article 15(5a) (new)

>Text following EP vote>

5a. Producer organizations shall be granted advances of 50% of the annual quota paid by the European Community to the operational fund for measures provided for under paragraphs 2 and 3 of this Article, and for expenditure incurred in implementing Title IV - Intervention arrangements.

(Amendment 68)

Article 15(5b) (new)

>Text following EP vote>

5b. In the case of newly established producer organizations and existing producer organizations in areas where such organizations trade in much less than half the production, aid shall be granted in accordance with the following schedule: 100% in the first and second years, 75% in the third and fourth years, 60% in the fifth and sixth years and 50% thereafter.

(Amendment 69)

Article 15(6)

>Original text>

6. The assistance referred to in paragraph 5 shall be financed as to 20% by the Member States and as to 80% by the Community.

>Text following EP vote>

Deleted

>Original text>

However, financing shall be as to 10% by the Member States and as to 90% by the Community in the case of producer organizations operating in 'Objective 1' regions within the meaning of Council Regulation (EEC) No 2052/881.

1 OJ L 185, 15.7.1988, p. 9.

(Amendment 70)

Article 16(2)

>Original text>

2. By 31 January at the latest each year, producer organizations shall notify the volume of their operational fund to the Member State. The Member State shall in turn notify the organization of the amount of financial assistance in line with the limits set out in Article 15(5).

>Text following EP vote>

2. By 31 January at the latest each year, producer organizations shall notify the volume of their operational fund to the Member State. The Member State shall be obliged to notify the organization, by 31 March each year, of the amount of financial assistance pursuant to Article 15(5).

(Amendment 71)

Article 16(3)

>Original text>

3. An association of producer organizations recognized by a Member State may replace its members for the purposes of managing their operational fund within the meaning of Article 15(1) and for establishing, implementing and submitting operational programmes as referred to in Article 15(2)(b). In such cases the association shall receive the financial assistance and make the notification referred to in paragraph 2 of this Article.

>Text following EP vote>

3. An association of producer organizations recognized by a Member State may, if the member organizations so request, act on behalf of its members for the purposes of managing their operational fund within the meaning of Article 15(1) and for establishing, implementing and submitting operational programmes as referred to in Article 15(2)(b); it may also provide for greater involvement through measures to promote transparency, reorganization and control in the fruit and vegetable sector for which it is responsible. In such cases the association shall receive the financial assistance and make the notification referred to in paragraph 2 of this Article.

>Text following EP vote>

Associations may replace producer organizations only if the latter expressly instruct them to do so.

(Amendment 72)

Article 16(4)

>Original text>

4. Operational programmes and their private and public financing shall have a minimum duration of 3 and a maximum duration of 5 years.

>Text following EP vote>

4. Operational programmes and their private and public financing shall have a minimum duration of 3 and a maximum duration of 5 years. They may, however, be modified or expanded under the procedure laid down in paragraph 1, first subparagraph.

(Amendment 73)

Article 16(5a) (new)

>Text following EP vote>

5a. The public contribution shall be paid direct to the producer organization.

(Amendment 74)

Article 17, 1st paragraph

>Original text>

Should the general instruments of the common organization of the market prove inadequate or inappropriate with regard to the products listed in Article 1 which are of major local or regional importance in economic or ecological terms and which face strong international competition, specific measures to improve the competitiveness of these products and to promote them may be taken in accordance with the procedure laid down in Article 45.

>Text following EP vote>

Should the general instruments of the common organization of the market prove inadequate or inappropriate with regard to the products listed in Article 1 which are of major local or regional importance in economic or ecological terms and which face lasting difficulties on the Community market, in particular due to strong international competition, the Council, on a proposal from the Commission, and after consulting Parliament, shall adopt specific measures to improve the competitiveness of these products and to promote them.

(Amendment 75)

Article 17, 2nd paragraph a (new)

>Text following EP vote>

A special fund shall be set up for the measures provided for in this Article, in particular to promote and enhance the value of the above-mentioned products on Community and non-Community markets.

(Amendment 76)

Article 18(3)

>Original text>

3. A producer organization or association of organizations shall be deemed representative within the meaning of paragraph 1 where its members account for at least two-thirds of the producers in the economic area in which it operates and it covers at least two-thirds of the production of that area.

>Text following EP vote>

3. A producer organization or association of organizations shall be deemed representative for a given product or group of products within the meaning of paragraph 1 where its members account for at least two-thirds of the producers in the economic area in which it operates and it covers at least two-thirds of the production of that area.

(Amendment 77)

Article 18(6), introductory phrase

>Original text>

6. Where paragraph 1 is applied, the Member State concerned may decide, on scrutiny of evidence presented, that non-member producers shall be liable to the organization, or where appropriate the association, for the part of the membership fees paid by the producer members, insofar as these are used to cover:

>Text following EP vote>

6. Where paragraph 1 is applied, the Member State concerned may decide, on scrutiny of evidence presented, that non-member producers shall be liable for a given product or group of products to the organization, or where appropriate the association, for the part of the membership fees paid by the producer members, insofar as these are used to cover:

(Amendment 78)

Article 18a (new)

>Text following EP vote>

Article 18a

The regional authorities, in cooperation with producer organizations, shall draw up rationalization plans for the sector which, in the regions where this is deemed necessary, may include direct aid to offset income losses for particular products. Such aid, financed under the EAGGF and administered by producer organizations, shall be subject to the carrying-out of structural measures, voluntary grubbing-up plans, organic production, product promotion and operational or specific programmes to improve growing techniques coordinated with other support measures.

(Amendment 79)

Article 19(1)(a)

>Original text>

(a) are made up of representatives of economic activities linked to the production and processing of and trade in the products referred to in Article 1(2);

>Text following EP vote>

(a) are made up of representatives of economic activities linked to the production of products referred to in Article 1(2) and the processing of and/or trade in such products;

(Amendment 80)

Article 19(2)(a)

>Original text>

(a) they carry out their activity in one or more regions in that territory;

>Text following EP vote>

(a) they carry out their activity in that territory. However, only one interbranch organization may be recognized per given product or group of products and end-use (direct sale to the consumer, industrial processing);

(Amendment 81)

Article 19(2)(b)

>Original text>

(b) they represent a significant share of the production and processing of and, where relevant, the trade in fruit and vegetables and products processed from fruit and vegetables in the region or regions in question and, where more than one region is involved, they can demonstrate a minimum level of representativity in each region for each of the branches that they group;

>Text following EP vote>

(b) they represent a significant share of production and where appropriate processing of and /or the trade in fruit and vegetables and /or products processed from fruit and vegetables on the territory concerned and they can demonstrate a minimum level of representativity for each of the branches that they group;

(Amendment 82)

Article 20(1)

>Original text>

1. In cases where an interbranch organization operating in a specific region or regions is considered to be representative of the production and processing of and, where relevant, trade in a given product, the Member State concerned may, at the request of the organization, make some of the decisions or agreements agreed on within that organization binding for a limited period on other operators in the region or regions in question, whether individuals or groups, who do not belong to the organization.

>Text following EP vote>

1. In cases where, with regard to a given product, an interbranch organization is considered to be representative of the production, processing of, and/or trade in that product on its territory, the Member State concerned may, at the request of the organization, make some of the decisions or agreements agreed on within that organization binding for a limited period on other operators in the region or regions in question, whether individuals or groups, who do not belong to the organization.

(Amendment 83)

Article 20(2)

>Original text>

2. An interbranch organization shall be deemed representative within the meaning of paragraph 1 where it accounts for at least two-thirds of the production or processing of, or trade in, fruit and vegetables in the region or regions concerned. Where the application for extension of its rules to other operators covers more than one region, the organization must demonstrate a minimum level of representivity for each of the branches it groups in each of the regions concerned.

>Text following EP vote>

2. An interbranch organization shall be deemed representative within the meaning of paragraph 1 where it accounts for at least two-thirds of the production or processing of, or trade in, the given product on the territory concerned. Where the application for extension of its rules to other operators covers more than one region, the organization must demonstrate a minimum level of representivity for each of the branches it groups in each of the regions concerned.

(Amendment 84)

Article 20(3)(a), indent 6a (new)

>Text following EP vote>

- standard contracts.

(Amendment 85)

Article 22(3), 1st subparagraph

>Original text>

3. Where paragraph 1 is applied to any one of the products listed in Annex II which meet the relevant standards, producer organizations and their associations shall pay their producer members the Community withdrawal compensation fixed under Article 25, up to a ceiling of 10% of marketed production.

>Text following EP vote>

(Amendment 86)

Article 22(3a) (new)

>Text following EP vote>

3a. To cover damage caused by bad weather, the Community withdrawal compensation must cover products damaged by hail. Producer organizations may also award their members such compensation.

(Amendment 173)

Article 22(4), first subparagraph

>Original text>

4. The 10% ceiling referred to in paragraph 3 shall apply from the fifth marketing year following the date of entry into force of this Regulation. Withdrawals carried out during the transitional period covering the four previous marketing years may not exceed the following percentages of marketed production as defined in accordance with the procedure laid down in Article 45: 50% in the first marketing year, 40% in the second, 30% in the third and 20% in the fourth.

>Text following EP vote>

4. The 15% ceiling referred to in paragraph 3 shall apply from the fifth marketing year following the date of entry into force of this Regulation. Withdrawals carried out during the transitional period covering the four previous marketing years may not exceed the following percentages of marketed production as defined in accordance with the procedure laid down in Article 45: 50% in the first marketing year, 40% in the second, 30% in the third and 20% in the fourth.

(Amendment 87)

Article 25(1)

>Original text>

1. For the first marketing year following the entry into force of this Regulation, the Community withdrawal compensation shall, for each product listed in Annex II other than citrus fruit, be equal to the average monthly withdrawal price applicable for the 1995/96 marketing year under Articles 16(3a), 16a, 16b and the first indent of Article 18(1)(a) of Regulation (EEC) No 1035/72.

>Text following EP vote>

1. For the first marketing year following the entry into force of this Regulation, the Community withdrawal compensation shall, for each product and varieties thereof listed in Annex II other than citrus fruit, be equal to the weighted average monthly withdrawal price applicable for the 1995/96 marketing year under Articles 16(3a), 16a, 16b and the first indent of Article 18(1)(a) of Regulation (EEC) No 1035/72. For tomatoes the compensation shall be equal to the highest withdrawal price of any of the varieties.

>Text following EP vote>

For the new products included in Annex II the institutional prices and Community withdrawal compensation shall be established in accordance with the procedure laid down in Article 45.

>Original text>

From the fifth marketing year following the entry into force of this Regulation, the Community withdrawal compensation shall be equal, for each of the products in question, to 85% of the compensation fixed pursuant to the first subparagraph.

>Text following EP vote>

From the seventh marketing year following the entry into force of this Regulation, the Community withdrawal compensation shall be equal, for each of the products in question, to the weighted average of monthly average prices.

>Original text>

The difference between the compensation referred to in the first subparagraph and that referred to in the second shall be absorbed in equal instalments from the second to the fifth marketing years following the entry into force of this Regulation.

(Amendments 157 and 88)

Article 25(2)

>Original text>

2. In the case of citrus fruit, the Community withdrawal compensation shall, for the first marketing year following the entry into force of this Regulation and for each product, except satsumas, be equal to the lowest withdrawal price applicable for the 1995/96 marketing year under Articles 16a, 16b and the first indent of point (a) of Article 18(1) of Regulation (EEC) No 1035/72, and for satsumas to the highest withdrawal price.

>Text following EP vote>

2. In the case of citrus fruit, the Community withdrawal compensation shall, for the first marketing year following the entry into force of this Regulation, for oranges and lemons maintain differentiated prices equal to the weighted average of the withdrawal prices for each of those products applicable for the 1995/96 marketing year (without taking into account penalties for exceeding the thresholds), and for clementines and satsumas operate a withdrawal price equal to the weighted average of the withdrawal prices for mandarins for the 1995/96 marketing year.

>Original text>

From the fifth marketing year following the entry into force of this Regulation, the Community withdrawal compensation shall be equal, for all products, to the lowest withdrawal price for clementines determined in accordance with the first subparagraph.

>Text following EP vote>

From the seventh marketing year following the entry into force of this Regulation, the Community withdrawal compensation shall be equal, for all products, to the weighted average of average monthly withdrawal prices.

>Original text>

(Amendment 89)

Article 25(3)

>Original text>

3. The Community withdrawal compensation shall be a single amount valid throughout the Community.

>Text following EP vote>

3. The Community withdrawal compensation shall be a single amount valid for the whole year throughout the Community and shall include, at the least, harvesting and transport costs.

(Amendment 90)

Article 26(1), 1st subparagraph a (new)

>Text following EP vote>

When a product listed in Annex II is at risk of suffering from structural imbalance, measures should be taken to bring production back into balance through a Community funded scheme for the grubbing-up of certain production areas.

(Amendment 91)

Article 29(1)(a), fifth indent

>Original text>

- use in animal feed, either fresh or after processing by the feedingstuffs industry;

>Text following EP vote>

- use in animal feed, either fresh or after processing by the feedingstuffs industry in order to prevent pollution of the environment through destruction of the products;

(Amendment 92)

Article 29(2), second subparagraph

>Original text>

However, with regard to the free distribution of fruit to school children, the Commission may take the initiative of and responsibility for implementing local pilot projects within the framework of research and promotion measures.

>Text following EP vote>

However, with regard to the free distribution of fruit to school children and to institutions, the Commission may take the initiative of and responsibility for implementing local pilot projects within the framework of research and promotion measures.

(Amendment 93)

TITLE IVa and Article 29a (new)

>Text following EP vote>

TITLE IVa

CONSUMER INFORMATION AND IMPROVING MARKETING

Article 29a

Increased consumption of fruit and vegetables is in the interests of proper, healthy nutrition. No later than six months after the entry into force of this Regulation, the Commission shall submit proposals for a broad-based public information campaign on the nutritional benefits of eating more fruit and vegetables, thereby helping to increase consumption while obviating the need for intervention.

(Amendment 94)

Article 29b (new)

>Text following EP vote>

Article 29b

The Commission shall promote on a yearly basis a campaign to encourage consumption of fresh fruit and vegetables as a means of protecting public health and helping to prevent cancer.

(Amendment 95)

Article 30(1), first subparagraph

>Original text>

1. Imports into the Community, or exports therefrom, of any of the products listed in Article 1(2) may be subject to presentation of an import or export licence.

>Text following EP vote>

1. Imports into the Community, or exports therefrom, of any of the products listed in Article 1(2) shall be subject to presentation of an import or export licence to improve knowledge of trade flows with non-member countries.

>Text following EP vote>

For products not included in the annex to Regulation (EC) No 3223/941, an import licence shall be compulsory.

1 OJ L 337, 24.12.1994, p. 66.

(Amendment 96)

Article 30(1), third subparagraph

>Original text>

Import and export licences shall be valid throughout the Community. The issue of such licences may be subject to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force majeure, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period.

>Text following EP vote>

Import and export licences shall be valid throughout the Community. The issue of such licences shall be subject, only in the case of imports, to the lodging of a security guaranteeing that the products are imported or exported during the term of validity of the licence; except in cases of force majeure, the security shall be forfeited in whole or in part if import or export is not carried out, or is carried out only partially, within that period.

(Amendment 97)

Article 30(2)

>Original text>

2. The term of validity of licences and other detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 45.

>Text following EP vote>

2. The term of validity of licences and other detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 45. Under no circumstances may the licences granted by transferred.

(Amendment 98)

Article 31(3)

>Original text>

3. Where the declared entry price of the consignment in question is higher than the flat-rate import value, increased by a margin set in accordance with paragraph 5 which may not exceed the flat-rate value by more than 10%, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required.

>Text following EP vote>

3. Where the declared entry price of the consignment in question is higher than the flat-rate import value, the lodging of a security equal to the import duty determined on the basis of the flat-rate import value shall be required.

(Amendment 99)

Article 32(2), first subparagraph

>Original text>

2. The trigger prices below which an additional duty may be imposed shall be those notified by the Community to the World Trade Organization.

>Text following EP vote>

2. The trigger prices below which an additional duty shall be imposed shall be those notified by the Community to the World Trade Organization.

(Amendment 100)

Article 32(3), first subparagraph

>Original text>

3. The import prices to be taken into consideration for imposing an additional import duty shall be determined on the basis of the CIF import prices of the consignment concerned.

>Text following EP vote>

3. The import prices to be taken into consideration for imposing an additional import duty shall be determined on the basis of the CIF import prices of the consignment concerned. This additional duty shall be triggered for all imports of a given product where its predetermined import value is lower than the trigger price.

(Amendment 101)

Article 32(3a) (new)

>Text following EP vote>

3a. Presentation of an import certificate shall be required for any import into the Community of products subject to the special safeguard clause.

(Amendment 102)

Article 36(1)

>Original text>

1. Appropriate measures may be taken when trading with third countries if, by reason of imports or exports, the Community market in one or more of the products listed in Article 1(2) is affected by, or is threatened with, serious disturbance likely to jeopardize achievement of the objectives set out in Article 39 of the Treaty.

>Text following EP vote>

1. In order to respect Community preference, appropriate measures must be taken when trading with third countries and the countries of Central and Eastern Europe if, by reason of imports or exports, the Community market in one or more of the products listed in Article 1(2) is affected by, or is threatened with, serious disturbance likely to jeopardize achievement of the objectives set out in Article 39 of the Treaty and until the disturbance or threat of disturbance has disappeared.

(Amendment 103)

Article 37(2), first subparagraph

>Original text>

>Text following EP vote>

2. Checks shall be carried out either systematically or by sampling. In the case of sampling, Member States shall ensure, by their nature and frequency and on the basis of risk analysis, that the checks are appropriate to the measure concerned both in terms of their territory as a whole and in terms of the volume of fruit and vegetable sector products marketed or held with a view to marketing. These checks shall be conducted in such a way as to offer firm guarantees to those who operate in a proper and transparent manner. Provision shall therefore be made for notification procedures at the same time as or immediately after the checks by the authorities responsible in order to inspire confidence for the users and producers concerned.

(Amendment 104)

Article 37a (new)

>Text following EP vote>

Article 37a

1. Penalties for infringements of the provisions of this Regulation shall be laid down at Community level and shall be applied for all matters covered by Annex IV.

>Text following EP vote>

2. Where it is established, following checks pursuant to Article 7, that the products do not comply with the provisions of Articles 3 to 6, a penalty shall be imposed on the holder of the goods.

>Text following EP vote>

This penalty shall be determined in accordance with the procedure laid down in Article 45.

(Amendment 105)

Article 38(1)

>Original text>

1. Without prejudice to the checks carried out by the national authorities pursuant to Article 37, the Commission shall, in collaboration with the competent authorities of the Member State concerned, carry out on-the-spot checks or cause them to be carried out in order to ensure uniform application of Community rules in the fruit and vegetable sector, particularly in the fields referred to in Annex IV.

>Text following EP vote>

1. Without prejudice to the checks carried out by the national authorities pursuant to Article 37, the Commission shall, in collaboration with the competent authorities of the Member State concerned, carry out on-the-spot checks in order to ensure uniform application of Community rules in the fruit and vegetable sector, particularly in the fields referred to in Annex IV.

(Amendment 106)

Article 38(2)

>Original text>

2. The Commission shall inform the relevant Member State in advance and in writing about the subject, purpose and location of the checks it envisages, the date on which they are to commence and the identity and status of its inspectors.

>Text following EP vote>

2. The Commission shall decide the subject, purpose and location of the checks it envisages, the date on which they are to commence and the identity and status of its inspectors. It may determine, in cooperation with the competent authorities in the Member State, the practical arrangements for implementing the checks.

(Amendment 107)

Article 39(1)

>Original text>

1. The Commission shall establish a special corps of inspectors in the fruit and vegetable sector consisting partly of Commission inspectors with suitable qualifications, technical knowledge and experience, and partly of Member States' staff as indicated in Article 37(3).

>Text following EP vote>

1. The Commission shall establish a special corps of inspectors in the fruit and vegetable sector consisting of suitably qualified Commission staff.

(Amendment 108)

Article 39(3)

>Original text>

3. With regard to the checks to be carried out under point (b) of paragraph 2, the Commission shall, in good time before the start of operations, inform the competent authority of the Member State on whose territory these operations are to take place.

>Text following EP vote>

3. With regard to the checks to be carried out under point (b) of paragraph 2, the Commission shall, where appropriate before the start of operations, inform the competent authority of the Member State on whose territory these operations are to take place.

(Amendment 109)

Article 40(1), 2nd subparagraph a (new)

>Text following EP vote>

Where, pursuant to national provisions on criminal procedure, certain acts may be performed only by agents specifically designated by national law, Commission staff shall not participate in such acts. In no circumstances shall they participate in house searches or the formal questioning of individuals within the framework of the penal law of a Member State. They shall, however, have access to information obtained in this manner.

(Amendment 110)

Article 40(3)

>Original text>

3. The Commission shall communicate the results of the visits made by its inspectors to the competent authority of the Member State concerned as soon as possible. That communication shall record any difficulties encountered and infringements noted of the rules in force.

>Text following EP vote>

(Amendment 111)

Article 43(1)

>Original text>

Member States and the Commission shall communicate to each other the information necessary for applying this Regulation. The data to be communicated shall be determined in accordance with the procedure laid down in Article 45. Rules for the communication and distribution of such information shall be adopted in accordance with the same procedure.

>Text following EP vote>

Member States and the Commission shall communicate to each other the information necessary for applying this Regulation, particularly with regard to intra- and extra-Community trade. The data to be communicated and in particular data on price levels in representative markets, on the quotation of import prices of products imported, and the monthly processing of customs clearance of imports from third countries, shall be determined in accordance with the procedure laid down in Article 45. Penalties for failure to comply with the rules on reporting and rules for the communication, the collation and distribution of such information shall be adopted in accordance with the same procedure.

(Amendment 112)

Article 43(2a) (new)

>Text following EP vote>

2a. For perennial crops and in the case of application of Article 17, or for products for which structural measures have been adopted, a procedure for monitoring production potential and area under production shall be introduced in accordance with the procedure laid down in Article 45, and made compulsory for all producers.

(Amendment 113)

Article 43(3)

>Original text>

3. Member States shall ensure the statistical processing of the data referred to in paragraph 2. They shall adopt all the control measures needed to verify the accuracy of the data. They shall inform the Commission of those measures.

>Text following EP vote>

(Amendment 114)

Article 50a (new)

>Text following EP vote>

Article 50a

The Community may contribute, in conditions to be determined by an implementing Regulation and within the limits of appropriations available in the current financial year, to the financing of the checks referred to in Articles 38 and 39.

(Amendment 115)

Article 51(1)

>Original text>

1. Expenditure relating to the payment of the Community withdrawal compensation and to Community financing of the operational fund, the specific measures referred to in Article 17 and the checks referred to in Articles 38 and 39 shall be deemed to be intervention to stabilize the agricultural markets within the meaning of Article 1(2)(b) of Regulation (EEC) No 729/70.

>Text following EP vote>

1. Expenditure relating to the payment of the Community withdrawal compensation and to Community financing of the operational fund and the specific measures referred to in Article 17 shall be deemed to be intervention to stabilize the agricultural markets within the meaning of Article 1(2)(b) of Regulation (EEC) No 729/70.

(Amendment 116)

Article 51a (new)

>Text following EP vote>

Article 51a

The Commission shall submit to the Council a proposal incorporating, with the amendments considered appropriate as a result of experience, the provisions of Title IIa of Regulation (EEC) No 1035/72 concerning 'specific measures for nuts and locust beans'. The provisions of this Title and the current measures shall remain in force until new proposals on support for these products are adopted.

(Amendment 117)

Article 53, 1st paragraph

>Original text>

Regulations (EEC) Nos 1035/72, 3285/83, 1319/85, 2240/88, 1121/89 and 1198/90 are hereby repealed.

>Text following EP vote>

Regulation (EEC) No 1035/72, except for Title IIa concerning 'specific measures for nuts and locust beans', and Regulations (EEC) Nos 3285/83, 1319/85, 2240/88, 1121/89 and 1198/90 are hereby repealed.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Regulation on the common organization of the market in fruit and vegetables (COM(95)0434 - C4-0505/95 - 95/0247(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, COM(95)0434 - 95/0247(CNS) (( OJ C 52, 21.2.1996, p. 1.)),

- having been consulted by the Council pursuant to Articles 42 and 43 of the EC Treaty (C4-0505/95),

- having regard to Rule 58 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 (A4-0041/96),

1. Approves the Commission proposal, subject to Parliament's amendments;

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 should the Council intend to make substantial modifications to the Commission proposal;

4. Instructs its President to forward this opinion to the Council and Commission.

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