Presentation of selected CMO schemes: Part II

1. Technical Assistance for Development of a Strategy for Alignment with • Common Market Organisation (CMO) Requirements • TR2014/AG/10-A1-01/001 • This Project is co-financed by the European Union and the Republic of Turkey Presentation of selected CMO schemes: Part II Antalyia, 1 March, 2018

2. Regulation 1308/2013 TITLE II RULES CONCERNING MARKETING AND PRODUCER ORGANISATIONS CHAPTER I Rules concerning marketing S e c t i o n 1 M a r k e t i n g s t a n d a r d s

3. Article 73Scope Without prejudice to any other provisions applicable to agricultural products, as well as to the provisions adopted in the veterinary, phytosanitary and food sectors to ensure that products comply with hygiene and health standards and to protect animal, plant and human health, this Section lays down the rules concerning marketing standards. Those rules shall be divided between obligatory rules and optional reserved terms for agricultural products.

4. Article 74General principle The products for which marketing standards by sectors or products have been laid down in accordance with this Section may be marketed in the Union only if they conform to those standards.

5. Article 75Establishment and content 1. Marketing standards may apply to one or more of the following sectors and products: (a) olive oil and table olives; (b) fruit and vegetables; (c) processed fruit and vegetable products; (d) bananas; (e) live plants; (f) eggs; (g) poultrymeat; (h) spreadable fats intended for human consumption; (i) hops.

6. 2. In order to take into account the expectations of consumers and to improve the economic conditions for the production and marketing as well as the quality of the agricultural products covered by paragraphs 1 and 4 of this Article, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 on marketing standards by sectors or products, at all stages of the marketing, as well as derogations and exemptions from such standards in order to adapt to constantly changing market conditions, to evolving consumer demands, to developments in relevant international standards and to avoid creating obstacles to product innovation.

7. List of the marketing standards (a) the technical definitions, designation and sales descriptions for sectors other than those set out in Article 78; (b) classification criteria such as grading into classes, weight, sizing, age and category; (c) the species, plant variety or animal race or the commercial type; (d) the presentation, labelling linked to obligatory marketing standards, packaging, rules to be applied in relation to packing centres, marking, year of harvesting and use of specific terms, without prejudice to Articles 92 to 123; (e) criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content; (f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification;

8. (g) the type of farming and production method including oenological practices and advanced systems of sustainable production; (h) coupage of must and wine including definitions thereof, blending and restrictions thereof; (i) the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport; (j) the place of farming and/or origin, excluding poultrymeat and spreadable fats; (k) restrictions as regards the use of certain substances and practices; (l) specific use; (m) the conditions governing the disposal, the holding, circulation and use of products not in conformity with the marketing standards adopted pursuant to paragraph 1 or with the definitions, designations and sales descriptions as referred to in Article 78, as well as the disposal of by- products.

9. Labeling/MarkingRequirements Important distinction between what is mandatory and what is voluntary. Decisions related to mandatory marking, labeling and/or packaging requirements may sometimes be left to individual Member States. Furthermore, voluntary marks and/or labels are used as marketing tools in some EU Member States.

10. Producer Organisations and Associations of Producer Organisations • Producer organisations (whether or not organised in the form of cooperatives) and their associations are important players which contribute to strengthening the position of farmers and growers in the food supply chain versus other downstream actors by carrying out a wide array of activities on behalf of their members. • By working more closely, producers will be able to achieve economics of scales and synergies to process and market the products of their members.

11. Contractual relations Agricultural legislation explicitly acknowledges the role of producer organisations for realising CAP objectives and therefore provides certain benefits for those producer organisations (PO) and their associations (APO), which have been recognised by the MS in which they are located. Under the CMO Regulation, recognised POs may benefit from certain exemptions from the competition rules, e.g. collective negotiations on behalf of their members, and have access to funding, e.g. to operate certain programmes on behalf of their members.

12. Trademeasures • customs duties • tariff quotas • export refunds

13. The actual case of the safeguardclauserequest for riceimportation • Italy and seven other EU countries asked the European Commission on 24 November 17 to allow them to limit rice imports from Cambodia, on the grounds of “protecting the Italian and European rice industry.” • Under the “safeguard clause” inscribed in the founding treaty of the European Community, when imports from a third country hurt the trade balance of any EU country, member states can request the Commission to introduce trade barriers “to remedy the situation”.

14. Under the “everything but arms” EU trade regime, less developed countries qualify for tariff-free, unlimited exports for all their products in the EU – except arms and armaments- provided they respect EU values such as human rights and labour rights. • The scheme was established in 2012 to promote trade-driven development. • Safeguards are meant to give the impacted industry “temporary breathing space to make necessary adjustments“.

15. Unlike anti-dumping and anti-subsidy measures, safeguards do not focus on whether the trade is fair or not, but to be applied, the contested imports must meet certain conditions: the increase must be sharp and unforeseen; it must cause “serious material injury” to the domestic industry, and be in the interest of the EU.

16. Tariff Rate Quotas (TRQs) Import or export tariff rate quotas (TRQs) are managed via the issuing of import or export licences. Tariff quota allocations are calculated based on the quantities available within the tariff quota and the quantity applied for, as notified to the Commission by national authorities. Once the allocations are calculated by the Commission and made public (see links below), member states must issue import or export licences for the quantities applied for within the respective tariff quotas.

17. Export refunds In the case of a major market disturbance, the EU may grant export refunds for basic agricultural products exported in the form of processed products (PAPs). To claim these export refunds, exporters must hold a refund certificate

18. THANK YOU Runa Casaretti

19. The contents of this publication is the sole responsibility of NIRAS IC Sp. z o.o.and can in no way be taken to reflect the views of the European Union This publication has been produced with the financial assistance of the European Union