52007AP0207

P6_TA(2007)0207

Common organisation of agricultural markets *

European Parliament legislative resolution of 24 May 2007 on the proposal for a Council regulation establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (COM(2006)0822 — C6-0045/2007 — 2006/0269(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council (COM(2006)0822) [1],

- having regard to Articles 36 and 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0045/2007),

- having regard to Rule 51 of its Rules of Procedure,

- having regard to the report of the Committee on Agriculture and Rural Development (A6-0171/2007);

1. Approves the Commission proposal as amended;

2. Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

5. Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED BY THE COMMISSION | AMENDMENTS BY PARLIAMENT |

Amendment 1

Recital 6

(6) Simplification should not lead to calling into question the political decisions that have been taken over the years in the CAP. This Regulation should, therefore, essentially be an act of technical simplification. It should not, therefore, repeal or change existing instruments unless they have become obsolete, redundant or should not, by their very nature, be dealt with at Council level, nor introduce new instruments or measures. | (6) Simplification should not lead to calling into question the political decisions that have been taken over the years in the CAP. This Regulation should, therefore, solely be an act of technical simplification. It should not, therefore, repeal or change existing instruments unless they should not, by their purely technical nature, be dealt with at Council level, nor introduce new instruments or measures. |

Amendment 2

Recital 7

(7) Against this background, this Regulation should not introduce those parts of CMOs which are subject to policy reviews. This is the case with regard to certain parts of the fruit and vegetables, the bananas and the wine sectors. The rules contained in the respective Regulations (EEC) No 404/93, (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1493/1999 should, therefore, only be incorporated into this Regulation to the extent that they are not themselves subject to any policy reforms. | (7) Against this background, this Regulation should not introduce CMOs which are subject to policy reviews and should only be incorporated into this Regulation once the ongoing policy reforms have been completed. |

Amendment 3

Recital 9

(9) The CMOs for cereals, rice, sugar, dried fodder, seeds, olives, flax and hemp, bananas, wine, milk and milk products and silk worms provide for marketing years mainly adapted to the biological production cycles of each of these products. In the CMOs for fruit and vegetables and processed fruit and vegetables, the Commission has been empowered to fix the marketing years due to the fact that the production cycles of these products vary to a large extent and that in some cases it is not necessary to fix a marketing year. The marketing years as they have been fixed in the mentioned sectors and the power of the Commission to fix the marketing years for the fruit and vegetables and the processed fruit and vegetables sectors should, therefore, be incorporated into this Regulation. | (9) The CMOs for cereals, rice, sugar, dried fodder, seeds, olives, flax and hemp, bananas, milk and milk products and silk worms provide for marketing years mainly adapted to the biological production cycles of each of these products. |

Amendment 4

Recital 11a (new)

| (11a) Organisations of an interbranch nature set up at the initiative of operator organisations and representing a significant share of the different professional categories of the sector concerned are capable of contributing to greater account being taken of the realities of the market and of facilitating the development of modes of economic behaviour with a view to improving knowledge as well as the organisation of production and product presentation and marketing. Given that the activities of these organisations of an interbranch nature can make a general contribution to the realisation of the objectives of Article 33 of the Treaty, and in particular of those referred to in this Regulation, this Regulation does not call into question the existence and the functioning of this type of organisation in the Member States. |

Amendment 5

Recital 20

(20) Under the basic regulations for the beef and veal, the pigmeat and the sheep meat and goat meat sectors Community scales for the classification of carcases have been established. These schemes are essential for the purposes of price recording and the application of the intervention arrangements in the beef and veal and pigmeat sectors. Moreover, they pursue the objective to improve market transparency. Such carcase classification schemes should be maintained. However, due to their mainly technical character it appears appropriate to entrust the Commission with the necessary powers to adopt the relevant rules, acting on the basis of criteria underlying the existing schemes. | (20) Under the basic regulations for the beef and veal, the pigmeat and the sheep meat and goat meat sectors Community scales for the classification of carcases have been established. These schemes are essential for the purposes of price recording in the beef and veal and sheep meat and pigmeat sectors and the application of the intervention arrangements in the beef and veal and pigmeat sectors. Moreover, they pursue the objective to improve market transparency. Such carcase classification schemes should be maintained. Classification of adult bovine and sheep carcases should be carried out on the basis of conformation and the degree of fat cover. The combined use of these two criteria makes it possible to divide carcases into classes. Carcases classified in this way should be subject to identification. In order to ensure the uniform application of this Regulation in the Community, provision should be made for on-the-spot checks by a Community inspection committee. |

Amendment 6

Recital 25

(25) Specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, the standard provisions contained so far in the sugar CMO should be transferred to this Regulation to govern the contractual relations between buyers and sellers of sugar beet. Detailed terms have, so far, been subject to the CMO for sugar as Annex II to Regulation (EC) No 318/2006. Given the highly technical character of these terms, it is considered to be more appropriate to deal with these questions at Commission level. | (25) Specific instruments are needed to ensure a fair balance of rights and obligations between sugar undertakings and sugar beet growers. Therefore, framework provisions should be established to govern the contractual relations between buyers and sellers of sugar beet. The diversity of natural, economic and technical situations makes it difficult to provide for uniform purchase terms for sugar beet throughout the Community. Agreements within the trade already exist between associations of sugar beet growers and sugar undertakings. Therefore, framework provisions should only define the minimum guarantees required by both sugar beet growers and the sugar industry to ensure a smooth functioning of the sugar market with the possibility to derogate from some rules in the context of an agreement within the trade. |

Amendment 7

Recital 26

(26) The diversity of natural, economic and technical situations makes it difficult to provide for uniform purchase terms for sugar beet throughout the Community. Agreements within the trade already exist between associations of sugar beet growers and sugar undertakings. Therefore, framework provisions should only define the minimum guarantees required by both sugar beet growers and the sugar industry to ensure a smooth functioning of the sugar market with the possibility to derogate from some rules in the context of an agreement within the trade. | deleted |

Amendment 8

Recital 35

(35) In line with the purpose of this Regulation, the structure of the milk quota should be aligned with that of the sugar quota provisions. Accordingly, the point of departure of the dairy rules should no longer be the obligation to pay an additional levy where the national reference quantity is exceeded but the fixation of national quotas which in case they are overrun give rise to collecting a surplus levy. | (35) In line with the purpose of this Regulation, the arrangements concerning control of production in the milk sector and those applicable to the sugar sector should be brought together in one section. Accordingly, in the milk sector, the term "national reference quantities" should be replaced by "national quotas" which in case they are overrun give rise to collecting a levy. |

Amendment 9

Recital 35a (new)

| (35a) The essential objective of the milk quota system is to reduce the imbalance between supply and demand for milk and dairy products and the resulting structural surpluses and thereby achieve a better market balance. Accordingly, this system should be continued for seven more consecutive 12-month periods from 1 April 2008. In addition, the method adopted in 1984 of setting a levy to be paid on milk collected or sold directly outside the quota should be maintained. |

Amendment 10

Recital 95

(95) This Regulation confers powers on the Commission which had, in the past, been conferred on the Council for adoption in accordance with the voting procedure of Article 37 of the Treaty. Such Council acts need to remain in force until the Commission adopts the relevant provisions based on the powers conferred on it by this Regulation. To avoid that in such cases there would be parallel provisions adopted by the Council on the one hand and by the Commission on the other, the Commission should be entitled to repeal such Council acts. | (95) This Regulation confers powers on the Commission which had, in the past, been conferred on the Council for adoption of technical provisions in accordance with the voting procedure of Article 37 of the Treaty. Such Council acts need to remain in force until the Commission adopts the relevant technical provisions based on the powers conferred on it by this Regulation. To avoid that in such cases there would be parallel provisions adopted by the Council on the one hand and by the Commission on the other, the Commission should be entitled to repeal such Council acts. All political provisions should be adopted by the Council pursuant to Article 37 of the Treaty, after consulting the European Parliament. |

Amendment 11

Article 1, paragraph 1, point (i)

(i)fruit and vegetables, Part IX of Annex I (hereinafter referred to as "the fruit and vegetables sector"); | deleted |

Amendment 12

Article 1, paragraph 1, point (j)

(j)processed fruit and vegetables, Part X of Annex I (hereinafter referred to as "the processed fruit and vegetables sector"); | deleted |

Amendment 13

Article 1, paragraph 1, point (l)

(l)wine, Part XII of Annex I (hereinafter referred to as "the wine sector"); | deleted |

Amendment 14

Article 1, paragraph 2

2. In respect of the fruit and vegetables, processed fruit and vegetables, and wine sectors, only the following provisions of this Regulation shall apply: (a)Articles 3 and 4;(b)Part IV;(c)Article 183;(d)Article 184;(e)Article 185;(f)Article 188 and the first paragraph of Article 189;(g)point (a) of Article 195. | deleted |

Amendment 15

Article 2, paragraph 2, points (ba) and (bb) (new)

| (ba) "reference price" shall mean the basis price; |

| (bb)"intervention price" shall mean the price at which intervention takes place. |

Amendment 16

Article 3, paragraph 1, point (d)

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

Amendment 17

Article 3, paragraph 2

2. For the products of the fruit and vegetables and processed fruit and vegetables sectors, the marketing years shall, if necessary, be fixed by the Commission. | deleted |

Amendment 18

Article 9, point (fa) (new)

| (fa) pigmeat |

Amendment 19

Article 39

1. Community scales for the classification of carcases, including the rules concerning the reporting of prices of certain products by the Member States, shall be established by the Commission in respect of the following sectors: | 1. Community scales for the classification of carcases, including the rules concerning the reporting of prices of certain products by the Member States, shall be established in respect of the following sectors: |

(a) beef and veal as regards adult bovine animals; | (a) beef and veal as regards adult bovine animals; |

(b) pigmeat; | (b) pigmeat; |

(c) sheep meat and goat meat. | (c) sheep meat and goat meat. |

2. In establishing the Community scales referred to in paragraph 1, the Commission shall be guided, in particular, by the following criteria: | 2. In establishing the Community scales referred to in paragraph 1, the following criteria shall in particular be taken as a guide: |

(a)for carcases of adult bovine animals the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases; | (a)for carcases of adult bovine animals the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases; |

(b)for pig carcases the scale shall classify carcases on the basis of their lean-meat content in relation to their weight, operate using the principle of direct establishment of the leanmeat percentage on the basis of objective measurement and provide for the division of carcases into classes and their identification; | (b)for pig carcases the scale shall classify carcases on the basis of their lean-meat content in relation to their weight, operate using the principle of direct establishment of the leanmeat percentage on the basis of objective measurement and provide for the division of carcases into classes and their identification; |

(c)for sheep and goat carcases, the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases. | (c)for sheep and goat carcases, the scale shall classify carcases on the basis of conformation and the degree of fat cover, enabling the division of carcases into classes and identification of classified carcases. |

With regard to carcases of light lambs other criteria may be used, in particular weight, meat colour and fat colour. | With regard to carcases of light lambs other criteria may be used, in particular weight, meat colour and fat colour. |

| 2a. With a view to ensuring uniform application of this Regulation in the Community, on-the-spot checks shall be carried out by a Community monitoring committee. |

Amendment 20

Article 41, paragraph 1, point (fa) (new)

| (fa) bee-keeping |

Amendment 21

Article 47, paragraph 1

1. Agreements within the trade and delivery contracts shall conform to paragraph 3 and to purchase terms to be determined by the Commission, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet. | 1. Agreements within the trade and delivery contracts shall conform to paragraph 3 and to purchase terms laid down in Annex IIa, in particular as regards the conditions governing the purchase, delivery, taking over and payment of beet. |

Amendment 22

Article 50, introductory part

The Commission may adopt the detailed rules for the implementation of this Section and, in particular: | The Commission may adopt the detailed rules for the implementation of this Section and, in particular, the following elements: (-a) the modifications to Annex IIa; |

Amendment 23

Article 51, introductory part

In order to encourage action by trade organisations and joint trade organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission may take the following measures in respect of the live plants, beef and veal, pigmeat, sheep meat and goat meat, eggs and poultry sectors: | In order to encourage action by trade organisations and joint trade organisations to facilitate the adjustment of supply to market requirements, with the exception of action relating to withdrawal from the market, the Commission may take the following measures in respect of the live plants, milk and dairy products, beef and veal, pigmeat, sheep meat and goat meat, eggs and poultry sectors: |

Amendment 24

Article 51, point (da) (new)

| (da) measures to improve farming. |

Amendment 25

Article 52, paragraph 2a (new)

| (2a) This Regulation shall apply without prejudice to the application of Council Regulation (EC) No 1868/94 of 27 July 1994 establishing a quota system in relation to the production of potato starch [2]. |

Amendment 27

Article 118, paragraph 1, introductory part

The Member States shall recognise interbranch organisations which: | Subject to the sector-specific provisions and without prejudice to the recognition of similar organisations covering products not concerned by this article, the Member States shall recognise, in accordance with the relevant arrangements, organisations of an interbranch nature which: |

Amendment 28

Article 118, paragraph 1, point (a)

(a)are made up of representatives of economic activities linked to the production of, trade in, or processing of products of the following sectors:(i)the olives sector;(ii)the tobacco sector; | (a)are made up of representative organisations of economic activities linked to the production of and trade in and/or processing of products of a given sector; |

Amendment 29

Article 118, paragraph 1, point (c), introductory part

(c) pursue a specific aim, in particular to: | (c) pursue a specific aim, for example to: |

Amendment 30

Article 118, paragraph 1, point (c), point (i)

(i)concentrate and coordinate supply and marketing of the produce of the members; | (i)concentrate and coordinate supply and marketing of the produce concerned; |

Amendment 31

Article 118, paragraph 1, point (c), point (ii)

(ii)adapt production and processing jointly to the requirements of the market and improve the product; | (ii)adapt production and/or processing jointly to the requirements of the market and improve the product; |

Amendment 32

Article 118, paragraph 1, point (c), point (iv)

(iv)carry out research into sustainable production methods and market developments. | (iv)carry out research and experiments into new sustainable production methods and studies on market developments. |

Amendment 33

Article 118, paragraph 1, point (c), point (iva) (new)

| (iva)foster innovation, quality improvements, diversity, product safety, environmental protection and biodiversity. |

Amendment 34

Article 118, paragraph 1, point (c), point (ivb) (new)

| (ivb)ensure the provision of information on the product at all stages in the production and marketing chain and the promotion of the product. |

Amendment 35

Article 118, paragraph 2a (new)

| Organisations of an interbranch nature may ask the authorities which granted them recognition to make the rules, agreements and procedures they have adopted compulsory for all operators working with the product or group of products concerned. |

Amendment 36

Article 124

1. Without prejudice to cases where import licences are required in accordance with this Regulation, the Commission may make imports of one or more products of the following sectors into the Community subject to presentation of an import licence | 1. In respect of the cereals, sugar, rice, flax and hemp, milk and beef and veal sectors (with regard to products referred to in Annex I, part XV, point (a)) and the olive sector (with regard to products falling within CN codes 1509, 151000, 07099039, 07112090, 23069019, 15220031 and 15220039), all imports into the Community shall be subject to presentation of an import licence. |

| Derogations may, nonetheless, be granted: |

(a) cereals, | (a)in respect of cereal products with no significant impact on the supply situation on this market; |

(b) rice, | (b)where the management of certain sugar or rice imports does not require an import certificate. |

(c) sugar, | |

(d) seeds; | |

(e)olives, with regard to products falling within CN codes 1509, 151000, 07099039, 07112090, 23069019, 15220031 and 15220039, | |

(f) flax and hemp, as far as hemp is concerned, | |

(g) bananas, | |

(h) live plants, | |

(i) beef and veal, | |

(j) milk and milk products, | |

(k) pigmeat, | |

(l) sheep meat and goat meat, | |

(m) eggs, | |

(n) poultry, | |

(o) ethyl alcohol. | |

| 1a. In respect of other sectors and products, without prejudice to cases where import licences are required in accordance with this Regulation, the Commission may make imports into the Community subject to presentation of an import certificate. |

Amendment 37

Article 135, paragraph 2

2. Additional import duties shall not be imposed where the imports are unlikely to disturb the Community market, or where the effects would be disproportionate to the intended objective. | 2. The Council shall verify that additional import duties are unlikely to disturb the Community market, or that their effects are not disproportionate to the intended objective. |

Amendment 38

Article 187, paragraph 1a (new)

| The Commission shall endeavour to apply the principle of cost-effectiveness in determining these rules and shall guarantee to the Member States that this will not result in an abnormal increase in their budgetary costs. |

Amendment 39

Article 187, paragraph 2a (new)

| The procedures upstream of such penalties shall respect the right of redress and the right to a fair hearing within the meaning of the Convention on the Protection of Human Rights and Fundamental Freedoms of 4 November 1950. |

Amendment 40

Article 188, paragraph 1

1. The Commission shall be assisted by the Management Committee for the Common Organisation of Agricultural Markets (hereinafter referred to as "the Committee"). | 1. The Commission shall, depending on the markets concerned, be assisted by the management committees for meat, milk products, vegetable products or perennial crops. |

| 1a. The Commission shall ensure, by means of procedures and adequate funding, that the experts appointed by Member States have a high level of expertise. |

Amendment 41

Article 188, paragraph 1b (new)

| 1b. No later than two years after adoption of this Regulation, the Commission shall evaluate the lessons learnt from the work of the management committees and groups of sectoral experts and shall submit to the European Parliament and the Council a report on this subject accompanied by the comments of the Member States. |

Amendment 42

Article 188, paragraph 1c (new)

| 1c. Article 7(3) of Decision 1999/468/EC shall apply to meetings of the management committees. |

Amendment 43

Article 188, paragraph 3

3. The Committee shall adopt its Rules of Procedure. | 3. The committees shall adopt their Rules of Procedure. |

Amendment 44

Article 195, paragraph 1, point (a)

(a)Regulations (EEC) No 234/68, (EEC) No 827/68, (EEC) No 2517/69, (EEC) No 2728/75, (EEC) No 2729/75, (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EEC) No 1055/77, (EEC) No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC) No 4088/87, (EEC) No 2075/92, (EEC) No 2077/92, (EEC) No 404/93, (EC) No 1254/1999, (EC) No 2529/2001, (EC) No 670/2003, (EC) No 797/2004 and (EC) No 1952/2005 as from 1 January 2008; | (a)Regulations (EEC) No 234/68, (EEC) No 827/68, (EEC) No 2728/75, (EEC) No 2729/75, (EEC) No 2759/75, (EEC) No 2771/75, (EEC) No 2777/75, (EEC) No 1055/77, (EEC) No 2931/79, (EEC) No 1358/80, (EEC) No 3730/87, (EEC) No 4088/87, (EEC) No 2075/92, (EEC) No 2077/92, (EEC) No 404/93, (EC) No 1254/1999, (EC) No 2529/2001, (EC) No 670/2003, (EC) No 797/2004 and (EC) No 1952/2005 as from 1 January 2008; |

Amendment 45

Article 198, paragraph 2, point (e)

(e)as regards the wine sector as well as Article 191, from 1 August 2008; | deleted |

Amendment 46

Annex I, Part IX

CN code | Description |

07020000 | Tomatoes, fresh or chilled |

0703 | Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled |

0704 | Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled |

0705 | Lettuce (Lactuca sativa) and chicory (Cichorium spp.), fresh or chilled |

0706 | Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots, fresh or chilled |

070700 | Cucumbers and gherkins, fresh or chilled |

0708 | Leguminous vegetables, shelled or unshelled, fresh or chilled |

ex0709 | Other vegetables, fresh or chilled, excluding vegetables of subheadings 07096091, 07096095, 07096099, 07099031, 07099039 and 07099060 |

ex0802 | Other nuts, fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 08029020 |

08030011 | Fresh plantains |

ex08030090 | Dried plantains |

08042010 | Figs, fresh |

08043000 | Pineapples |

08044000 | Avocados |

08045000 | Guavas, mangos and mangosteens |

0805 | Citrus fruit, fresh or dried |

08061010 | Fresh table grapes |

0807 | Melons (including watermelons) and pawpaws (papayas), fresh |

0808 | Apples, pears and quinces, fresh |

0809 | Apricots, cherries, peaches (including nectarines), plums and sloes, fresh |

0810 | Other fruit, fresh |

08135031 08135039 | Mixtures exclusively of dried nuts of headings 0801 and 0802 |

12129930 | Carobs |

| deleted |

Amendment 47

Annex I, Part X

CN code | Description |

(a) | ex0710 | Vegetables (uncooked or cooked by steaming or boiling in water) frozen, excluding sweetcorn of subheading 07104000, olives of subheading 07108010 and fruits of the genus Capsicum or of the genus Pimenta of subheading 07108059 |

ex0711 | Vegetables provisionally preserved (for example, by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding olives of subheading 071120, fruits of the genus Capsicum or of the genus Pimenta of subheading 07119010 and sweetcorn of subheading 07119030 |

ex0712 | Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared, excluding potatoes dehydrated by artificial heat-drying and unfit for human consumption falling within subheading ex07129005, sweetcorn falling within the subheadings ex07129011 and 07129019 and olives falling within subheading ex07129090 |

08042090 | Dried figs |

080620 | Dried grapes |

ex0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, not containing added sugar or other sweetening matter, excluding frozen bananas falling within subheading ex08119095 |

ex0812 | Fruit and nuts, provisionally preserved (for example by sulphur dioxide gas, in brine, in sulphur water or in other preservative solutions), but unsuitable in that state for immediate consumption, excluding bananas falling within subheading ex08129098 |

ex0813 | Fruit, dried, other than that of headings 0801 to 0806; mixtures of nuts or dried fruits of this chapter excluding mixtures exclusively of nuts of headings 0801 and 0802 falling within subheadings 08135031 and 08135039 |

08140000 | Peel of citrus fruit or melons (including watermelons), fresh, frozen, dried or provisionally preserved in brine, in sulphur water or in other preservative solutions |

09042010 | Dried sweet peppers, neither crushed nor ground |

(b) | ex0811 | Fruit and nuts, uncooked or cooked by steaming or boiling in water, frozen, containing added sugar or other sweetening matter |

ex130220 | Pectic substances and pectinates |

ex2001 | Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by vinegar or acetic acid, excluding: fruit of the genus Capsicum other than sweet peppers or pimentos of subheading 20019020sweetcorn (Zea mays var. saccharata) of subheading 20019030yams, sweet potatoes and similar edible parts of plants containing 5% or more by weight of starch of subheading 20019040palm hearts of subheading 20019060olives of subheading 20019065vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex20019099 |

2002 | Tomatoes prepared or preserved otherwise than by vinegar or acetic acid |

2003 | Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid |

ex2004 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than the products of heading 2006, excluding sweetcorn (Zea mays var. saccharata) of subheading ex20049010, olives of subheading ex20049030 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 20041091 |

ex2005 | Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 excluding olives of subheading 200570, sweetcorn (Zea mays var. saccharata) of subheading 20058000 and fruit of the genus Capsicum, other than sweet peppers or pimentos of subheading 20059910 and potatoes prepared or preserved in the form of flour, meal or flakes of subheading 20052010 |

ex200600 | Fruit, nuts, fruit-peel and other parts of plants, preserved by sugar (drained, glacé or crystallised), excluding bananas preserved by sugar falling within headings ex20060038 and ex20060099 |

ex2007 | Jams, fruit jellies, marmalades, fruit or nut purée and fruit or nut pastes, whether or not containing added sugar or other sweetening matter, excluding: homogenised preparations of bananas of subheading ex200710jams, jellies, marmalades, purée or pastes of bananas of subheadings ex20079939, ex20079957 and ex20079998 |

ex2008 | Fruit, nuts and other edible parts of plants, otherwise prepared or preserved, whether or not containing added sugar or other sweetening matter or spirit, not elsewhere specified or included, excluding: peanut butter of subheading 20081110palm hearts of subheading 20089100maize of subheading 20089985yams, sweet potatoes and similar edible parts of plants, containing 5% or more by weight of starch of subheading 20089991vine leaves, hop shoots and other similar edible parts of plants falling within subheading ex20089999mixtures of banana otherwise prepared or preserved of subheadings ex20089259, ex20089278, ex20089293 and ex20089298bananas otherwise prepared or preserved of subheadings ex20089949, ex20089967 and ex20089999 |

ex2009 | Fruit juices (excluding grape juice and grape must of subheadings 200961 and 200969 and banana juice of subheading ex200980) and vegetable juices, unfermented and not containing added spirit, whether or not containing added sugar or other sweetening matter |

| deleted |

Amendment 48

Annex I, Part XII

CN code | Description |

(a) | 200961 200969 | Grape juice (including grape must) |

22043092 22043094 22043096 22043098 | Other grape musts, other than those in fermentation or with fermentation arrested otherwise than by the addition of alcohol |

(b) | ex2204 | Wine of fresh grapes, including fortified wines; grape must other than that of heading 2009, excluding other grape must of subheadings 22043092, 22043094, 22043096 and 22043098 |

(c) | 08061090 | Fresh grapes other than table grapes |

22090011 22090019 | Wine vinegar |

(d) | 22060010 | Piquette |

23070011 23070019 | Wine lees |

23080011 23080019 | Grape marc |

| deleted |

Amendment 49

Annex IIa (new)

(a) sugar undertakings (hereinafter referred to as "manufacturers"),

and

(b) beet sellers (hereinafter referred to as "sellers").

(a) quota sugar;

(b) surplus sugar.

In the case of the quantities referred to in point (a), the prices may not be lower than the minimum price for quota beet indicated in Article 5(1) of Council Regulation (EC) No 318/2006. |

| 2. Delivery contracts shall lay down a fixed sugar content for beet. They shall include a conversion scale showing the different sugar contents and factors for converting the quantities of beet supplied into quantities corresponding to the sugar content shown in the delivery contract. The scale shall be based on the yields corresponding to the different sugar contents. 3. Where a seller has signed a delivery contract with a manufacturer for the delivery of beet intended for the production of quota sugar, all deliveries by that seller, converted in accordance with paragraph 2 of this Point, shall be considered to be deliveries of beet intended for the production of quota sugar, up to the quantity of beet specified in the delivery contract. 4. Manufacturers producing a quantity of sugar lower than their quota beet for which they have signed pre-sowing delivery contracts shall distribute the quantity of beet corresponding to any additional production up to the amount of their quota among the sellers with whom they have signed pre-sowing contracts for the delivery of beet intended for the production of quota sugar. Agreements within the trade may derogate from this provision. POINT IV 1. Delivery contracts shall contain provisions concerning the staggering and normal duration of beet deliveries. 2. Provisions referred to in paragraph 1 shall be those applicable during the previous marketing year, taking account of the level of actual production; agreements within the trade may derogate therefrom. POINT V 1. Delivery contracts shall provide for beet collection places. 2. Where sellers and manufacturers have already signed a delivery contract for the previous marketing year, the collection places agreed upon by them for deliveries during that marketing year shall remain in operation. Agreements within the trade may derogate from this provision. 3. Delivery contracts shall provide that loading and transport costs from the collection places are to be borne by the manufacturer subject to special agreements based on local rules or usages in operation before the previous marketing year. |

(a) jointly, by the manufacturer and the beet growers' trade organisation, if an agreement within the trade so provides;

(b) by the manufacturer, under the supervision of the beet growers' trade organisation;

(c) by the manufacturer, under the supervision of an expert recognised by the Member State concerned, provided the seller defrays the costs thereof.

(a) to return the fresh pulp from the tonnage of beet delivered free of charge to the seller, ex factory;

(b) to return part of that pulp, pressed, dried or dried and molassed, free of charge to the seller, ex factory;

(c) to return the pulp, pressed or dried, to the seller, ex factory; in this case, the manufacturer may require the seller to pay the pressing or drying costs;

(d) to pay the seller compensation which takes account of the possibilities of selling the pulp concerned.

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(a) rules on the distribution to sellers of quantities of beet which the manufacturer decides to buy prior to sowing, for the manufacture of sugar within the limits of the quota;

(b) rules on distribution as referred to in Point III(4);

(c) the conversion scale referred to in Point III(2);

(d) rules on the choice and supply of seeds of the varieties of beet to be produced;

(e) the minimum sugar content of beet to be delivered;

(f) a requirement for consultation between the manufacturer and the sellers' representatives before the starting date of beet deliveries is fixed;

(g) the payment of premiums to sellers for early or late deliveries;

(h) details of:

(i) the part of the pulp referred to in Point IX(1)(b),

(ii) the costs referred to in Point IX(1)(c),

(iii) the compensation referred to in Point IX(1)(d);

(i) the removal of pulp by the seller;

(j) without prejudice to the provisions concerning the minimum price for quota beet, as laid down in Article 5(1) of Regulation (EC) No 318/2006, rules on how any difference between the reference price and the actual selling price of the sugar is to be allocated between the manufacturer and sellers.

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| POINT XIII Where there is no set agreement within the trade as to how the quantities of beet intended for the manufacture of sugar within the quota limits which the manufacturer offers to buy before sowing should be allocated among the sellers, the Member State concerned may itself lay down rules for such allocation. Those rules may also grant to traditional sellers of beet to cooperatives delivery rights other than those which they would enjoy if they belonged to such cooperatives. |

[1] Not yet published in OJ.

[2] OJ L 197, 30.7.1994, p. 4. Regulation as last amended by Regulation (EC) No 941/2005 (OJ L 159, 22.6.2005, p. 1).

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