REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers

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REPORT ***I

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20 April 2011

PE 458.769v04-00

A7-0158/2011

on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers

(COM(2010)0539 – C7-0294/2010 – 2010/0267(COD))

Committee on Agriculture and Rural Development

Rapporteur: Paolo De Castro

AMENDMENTS

001-030

		DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
		EXPLANATORY STATEMENT
		PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

(COM(2010)0539 – C7-0294/2010 – 2010/0267(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2010)0539),

– having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0294/2010),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinions submitted, within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Lithuanian Parliament, the Luxembourg Chamber of Deputies and by the Polish Diet and Senat, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 16 February 2011(1),

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on Agriculture and Rural Development (A7-0158/2011),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation – amending act

Recital 3

Text proposed by the Commission

Amendment

(3) The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 73/2009. The elements for which that power may be exercised should be defined, as well as the conditions to which that delegation is to be subject.

(3) In order to ensure the proper functioning of the regime established by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement or amend certain non-essential elements of Regulation (EC) No 73/2009. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council.

Justification

Adaptation of legal text in accordance with the Common Understanding on practical arrangements for the use of delegated acts (Article 290 TFUE).

Amendment 2

Proposal for a regulation – amending act

Recital 4

Text proposed by the Commission

Amendment

(4) In order to guarantee a uniform application of Regulation (EC) No 73/2009 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No X/XXXX of the European Parliament and the Council on…

(4) In order to ensure uniform conditions for the implementation of Regulation (EC) No 73/2009, implementing powers should be conferred on the Commission. Those powers, save where explicitly provided otherwise, should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers*

* OJ L 55, 28.02.2011, p. 13

Justification

In accordance with the templates for provisions on implementing acts subject to control by Member States, in line with the Regulation of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers

Amendment 3

Proposal for a regulation – amending act

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) The Commission should, by means of implementing acts, approve the granting of certain specific support, decide which Member States fulfil certain conditions regarding suckler cow premium and authorise new Member States to complement, subject to certain conditions, any direct payments. Given the special nature of those acts, the Commission should be empowered to adopt them without the assistance of the Committee for Direct Payments.

Justification

In the cases where the Commission is acting 'without the assistance of the Committee referred to in Article 141c', a recital should explain this competence, as this is an exception from the general rule.

Amendment 4

Proposal for a regulation – amending act

Article 1 – point 2

Regulation (EC) No 73/2009

Article 2a


Text proposed by the Commission	Amendment
In order to take into account new legislation that may become necessary, the Commission shall, by means of a delegated act, amend Annex I.	In order to take into account new legislation, the Commission shall, by means of delegated acts, amend Annex I in order to include appropriate references to new legislation.

Justification

Wording unclear, the legislation would already be adopted before the amendment of the annex, so "may become necessary" is superfluous.

Amendment 5

Proposal for a regulation – amending act

Article 1 – point 2 a (new)

Regulation (EC) No 73/2009

Article 6 – paragraph 1 – subparagraph 2 – point a


Text proposed by the Commission	Amendment
	2a. In the second subparagraph of Article 6(1), point (a) is deleted.

Amendment 6

Proposal for a regulation – amending act

Article 1 – point 3

Regulation (EC) No 73/2009

Article 6 – paragraph 3


Text proposed by the Commission	Amendment
3. In order to ensure that measures are taken to maintain the land under permanent pasture at the level of farmers, the Commission shall, by means of delegated acts, adopt provisions including individual obligations at the level of farmers to be respected where it is established that the share of land under permanent pasture is decreasing."	3. In order to ensure that measures are taken to maintain the land under permanent pasture at the level of farmers, the Commission shall, by means of delegated acts, adopt provisions including individual obligations to be respected where it is established that the share of land under permanent pasture is decreasing.

Amendment 7

Proposal for a regulation – amending act

Article 1 – point 4

Regulation (EC) No 73/2009

Article 8 - paragraph 2 - introductory part


Text proposed by the Commission	Amendment
2. The Commission shall, by means of implementing acts, review the ceilings set out in Annex IV in order to take account of:	2. The Commission shall, by means of delegated acts, review the ceilings set out in Annex IV in order to take account of:

Justification

Modification of annexes, formal condition of modifying a non-essential element of the basic act.

Amendment 8

Proposal for a regulation – amending act

Article 1 – point 5 – point b

Regulation (EC) No 73/2009

Article 9 – paragraph 3 – subparagraph 4


Text proposed by the Commission	Amendment
In order to take into account new legislation that may become necessary, the Commission shall, by means of a delegated act, amend Annex V.	The Commission shall, by means of a delegated act, amend Annex V.

Justification

Using wording such as ‘new legislation that may become necessary’ in provisions that transfer powers to the Commission is inappropriate. The content and scope of delegations should be precisely defined.

Amendment 9

Proposal for a regulation – amending act

Article 1 – point 6 a (new)

Regulation (EC) No 73/2009

Article 11 - paragraph 2


Text proposed by the Commission	Amendment
	(6a) In Article 11, paragraph 2 is replaced by the following:
	2. The European Parliament and the Council , acting on a proposal from the Commission presented no later than 31 March of the calendar year in respect of which the adjustments referred to in paragraph 1 apply, shall determine these adjustments no later than 30 June of the same calendar year.

Justification

Maintaining Article 11 (regarding financial discipline) unchanged - with the Council acting on a proposal from the Commission - would constitute a continuation of the reservation of Council's implementing powers under the former Article 202 EC. However, in the new legislative context, your rapporteur considers that this reservation of implementing powers for the Council is no longer justified.

Amendment 10

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 73/2009

Article 12 – paragraph 5


Text proposed by the Commission	Amendment
5. In order to guarantee the proper functioning of the farm advisory system, the Commission may adopt, by means of delegated acts, provisions aiming at rendering such system fully operational. These provisions may relate, amongst others, to the scope of the farm advisory system and the accessibility criteria for farmers.	deleted

Amendment 11

Proposal for a regulation – amending act

Article 1 – point 8

Regulation (EC) No 73/2009

Article 12 – paragraph 6


Text proposed by the Commission	Amendment
6. The Commission may, by means of implementing acts, adopt rules for the uniform implementation of the farm advisory system.	6. The Commission may, by means of implementing acts, adopt technical rules for the uniform implementation of the farm advisory system.

Justification

Wording too general, difficult to distinguish from other types of possible measures.

Amendment 12

Proposal for a regulation – amending act

Article 1 – point 12

Regulation (EC) No 73/2009

Article 23 – paragraph 2 – subparagraph 2


Text proposed by the Commission	Amendment
Where a Member State decides to make use of the option provided for in the first subparagraph, in the following year the competent authority shall take the actions required to verify that the farmer remedies the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the farmer.'	deleted

Justification

The Commission’s proposals in this area are insufficient and still involve a need to carry out 100% follow-up on-the-spot checks. The follow-up on-the-spot checks in the cases of minor infringements lead to a significant increase in the number of compulsory on-the-spot checks. Thereby it creates a significant administrative burden. That is why it is important to abolish the obligation to carry out follow-up controls in the cases of minor infringements; this will reduce the administrative burden.

Amendment 13

Proposal for a regulation – amending act

Article 1 – point 13 – point b

Regulation (EC) No 73/2009

Article 24 – paragraph 2 – subparagraph 3


Text proposed by the Commission	Amendment
(b) In paragraph 2, the third subparagraph is replaced by the following: ‘Unless the farmer has taken immediate remedial action putting an end to the non-compliance found, the competent authority shall take the actions required that may, where appropriate, be limited to an administrative control to verify that the farmer remedies the finding of non-compliance concerned. The finding of minor non-compliance and the obligation to take remedial action shall be notified to the farmer.’	(b) In paragraph 2, the third subparagraph is deleted.

Justification

Amendment 14

Proposal for a regulation – amending act

Article 1 – point 14

Regulation (EC) No 73/2009

Article 27 a – paragraph 1 – point e


Text proposed by the Commission	Amendment
(e) rules on any further measures to be taken by the Member States for the proper application of this Chapter as well as arrangements for any mutual assistance needed between Member States.	(e) rules which enable the Member States to take any further measures for the proper application of this Chapter as well as arrangements for any mutual assistance needed between Member States.

Amendment 15

Proposal for a regulation – amending act

Article 1 – point 17

Regulation (EC) No 73/2009

Article 31a


Text proposed by the Commission	Amendment
Implementing rules	Delegation of powers to the Commission
The Commission may adopt, by means of implementing acts, measures which are both necessary and duly justified to resolve, in an emergency, practical and specific problems; such measures may derogate from certain parts of this Regulation, but only to the extent, and for such a period, as is strictly necessary.	The Commission may adopt, by means of delegated acts, measures which are both necessary and duly justified to resolve, in an emergency, practical and specific problems; such measures may derogate from certain parts of this Regulation, but only to the extent, and for such a period, as is strictly necessary. Where imperative grounds of urgency so require, the procedure provided for in Article 141ba shall apply to delegated acts adopted pursuant to this Article.

Justification

These measures, adopted in emergency situations could be of the same nature as measures usually adopted under Article 290 TFUE (delegated acts). As there is an urgency procedure foreseen for delegated acts, your rapporteur proposes its employment, in order to ensure the efficiency of the decision-making process.

Amendment 16

Proposal for a regulation – amending act

Article 1 – point 18

Regulation (EC) No 73/2009

Article 33 – paragraph 5


Text proposed by the Commission	Amendment
5. In order to take into account new legislation that may become necessary, the Commission shall, by means of a delegated act, amend Annex IX.	5. In order to take into account new legislation, the Commission shall, by means of delegated acts, amend Annex IX.

Justification

Wording unclear, the legislation would already be adopted before the amendment of the annex, so "may become necessary" is superfluous.

Amendment 17

Proposal for a regulation – amending act

Article 1 – point 23

Regulation (EC) No 73/2009

Article 40 – paragraph 1 – subparagraph 2


Text proposed by the Commission	Amendment
Where payment entitlements are allocated to wine growers, the Commission shall, taking account of the latest data made available to it by the Member States in accordance with Articles 103o and the second subparagraph of Article 188a(3) of Regulation (EC) No 1234/2007, by means of implementing acts, adapt the national ceilings determined in Annex VIII to this Regulation. By 1 December of the year preceding the adaptation of the national ceilings, Member States shall communicate to the Commission the regional average of the value of the entitlements referred to in point B of Annex IX to this Regulation.	Where payment entitlements are allocated to wine growers, the Commission shall, taking account of the latest data made available to it by the Member States in accordance with Articles 103o and the second subparagraph of Article 188a(3) of Regulation (EC) No 1234/2007, by means of delegated acts, adapt the national ceilings determined in Annex VIII to this Regulation. By 1 December of the year preceding the adaptation of the national ceilings, Member States shall communicate to the Commission the regional average of the value of the entitlements referred to in point B of Annex IX to this Regulation.

Justification

Modification of annexes, formal condition of modifying a non-essential element of the basic act.

Amendment 18

Proposal for a regulation – amending act

Article 1 – point 25

Regulation (EC) No 73/2009

Article 42 – paragraph 3


Text proposed by the Commission	Amendment
The Commission shall, by means of implementing acts, adopt measures regarding the reversion of unused payment entitlements to the national reserve.	The Commission shall, by means of implementing acts, adopt measures regarding the practical conditions applicable to the reversion of unused payment entitlements to the national reserve.

Justification

Wording too general, difficult to distinguish from other types of similar measures.

Amendment 19

Proposal for a regulation – amending act

Article 1 – point 28

Regulation (EC) No 73/2009

Article 45a – paragraph 3


Text proposed by the Commission	Amendment
3. In order to clarify specific situations that may occur in the application of the single payment scheme, the Commission shall, by means of delegated acts, adopt the following:	3. In order to clarify specific situations that may occur in the application of the single payment scheme, the Commission shall, by means of delegated acts, adopt rules on:
(a) rules on the definition in the national legislation for ‘inheritance’ and ‘anticipated inheritance';	(a) the use of the definition given in the national legislation of the terms ‘inheritance’ and ‘anticipated inheritance’ for the purposes of this Regulation;

Amendment 20

Proposal for a regulation – amending act

Article 1 – point 39a (new)

Regulation (EC) No 73/2009

Article 70 – paragraph 2


Text proposed by the Commission	Amendment
	(39a) In Article 70(2), the following subparagraph is added:
	"The Member States shall adopt rules to establish the calculation of the producer's average annual production."

Amendment 21

Proposal for a regulation – amending act

Article 1 – point 57 – point b

Regulation (EC) No 73/2009

Article 105 – paragraph 6


Text proposed by the Commission	Amendment
(6) The Commission may, by means of implementing acts, adopt necessary measures regarding the withdrawal and reallocation of unused premium rights established under this Section.	(6) The Commission may, by means of delegated acts, adopt necessary measures regarding the withdrawal and reallocation of unused premium rights established under this Section.

Justification

These types of measures may create rights or reversely bear negative consequences for farmers, and thus should be handled as delegated acts.

Amendment 22

Proposal for a regulation – amending act

Article 1 – point 58 – point c

Regulation (EC) No 73/2009

Article 110 – paragraph 4 - subparagraph 2


Text proposed by the Commission	Amendment
The Commission shall, by means of implementing acts, adopt necessary measures regarding the amount of the premium to be granted in case the application of the proportional reduction referred to in the first subparagraph gives a number of eligible animals which is not a whole number.	The Commission shall, by means of delegated acts, adopt necessary measures regarding the amount of the premium to be granted in case the application of the proportional reduction referred to in the first subparagraph gives a number of eligible animals which is not a whole number.

Justification

These types of measures are considered delegated acts in Article 116(7), thus consistency is needed throughout the legal text.

Amendment 23

Proposal for a regulation – amending act

Article 1 – point 61 – point b - introductory part

Regulation (EC) No 73/2009

Article 113


Text proposed by the Commission	Amendment
(b) The following paragraph is added:	(b) The following paragraphs are added:

Justification

Technical change, presentation of amendments

Amendment 24

Proposal for a regulation – amending act

Article 1 – point 61 – point b

Regulation (EC) No 73/2009

Article 113 – paragraph 5 – point c


Text proposed by the Commission	Amendment
(c) the transfer and/or temporary leasing of rights through the national reserve.	deleted

Justification

Technical change, presentation of amendments.

Amendment 25

Proposal for a regulation – amending act

Article 1 – point 61 – point b

Regulation (EC) No 73/2009

Article 113 – paragraph 5 a (new)


Text proposed by the Commission	Amendment
	(5a) The Commission shall, by means of delegated acts, adopt rules on the transfer and/or temporary leasing of rights through the national reserve.

Justification

These types of measures may create rights or reversely bear negative consequences for farmers, and thus should be handled as delegated acts.

Amendment 26

Proposal for a regulation – amending act

Article 1 – point 62

Regulation (EC) No 73/2009

Article 115 – paragraph 4 – point e


Text proposed by the Commission	Amendment
(e) the rounding off of animal numbers in case the calculation of the maximum number of heifers as a percentage as laid down in the second subparagraph of Article 111(2) produces a result which is not a whole number;	deleted

Justification

Technical change, presentation of amendments.

Amendment 27

Proposal for a regulation – amending act

Article 1 – point 62

Regulation (EC) No 73/2009

Article 115 – paragraph 4 a (new)


Text proposed by the Commission	Amendment
	(4a) The Commission shall, by means of delegated acts, adopt rules regarding the rounding off of animal numbers where the calculation of the maximum number of heifers as a percentage as laid down in the second subparagraph of Article 111(2) produces a result which is not a whole number;

Justification

These types of measures are considered delegated acts in Article 116(7), thus consistency is needed throughout the legal text.

Amendment 28

Proposal for a regulation – amending act

Article 1 – point 76

Regulation (EC) No 73/2009

Article 141b


Text proposed by the Commission	Amendment
Delegated acts	Exercise of delegation
1. The powers to adopt the delegated acts referred to in this Regulation shall be conferred on the Commission for an indeterminate period of time.	1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
2. The delegation of power referred to in paragraph 1 may be revoked by the European Parliament or by the Council. The institution which has commenced an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.	2. The delegation of power referred to in Article 2a, Article 6(3), Article 8(2), Article 9(3), Articles 11a(1) and 11a(2), Article 12(5), Articles 27a(1), 27a(2), 27a(3), 27a(4) and 27a(5), Article 31a, Article 33(5), Article 40(1), Articles 45a(1), 45a(2), 45a(3), 45a(4) and 45a(5), Article 54a, Articles 62a(1), 62a(3) or 62a(4), Article 67a, Article 68(7), Article 76a, Article 77, Article 81(3), Articles 85(4) or 85(5), Articles 87(4), 87(5), 87(6), 87(7) and 87(8), Article 89(3), Article 90(5), Article 91(3), Articles 97(5), 97(6), 97(7), 98(7) and 98(8), Article 103(3), Article 105(6), Article 110(4), Articles 111(7) and 111(8), Article 113(6) new, Articles 115(3) and 115(5)new, Articles 116(5), 116(6) and 116(7), Articles 124(9) and 124(10) and Article 132(9) shall be conferred on the Commission for a period of five years from ...*. The Commission shall draw up a report in respect of the delegated powers no later than nine months before the end of this five years period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three month before the end of each period.
3. The European Parliament and the Council may object to the delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force at the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.	3. The delegation of power may be revoked at any time by the European Parliament or by the Council. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or on a later date specified therein. It shall not affect the validity of any delegated acts already in force.
	4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
	5. A delegated act adopted pursuant to this Regulation shall enter into force only if no objection has been expressed either by the Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
	* OJ: please insert the date of entry into force of this regulation.

Justification

Adaptation of wording in accordance with the Common Understanding on practical arrangements for the use of delegated acts (Article 290 TFUE).

Amendment 29

Proposal for a regulation – amending act

Article 1 – point 76

Regulation (EC) No 73/2009

Article 141 b a (new)


Text proposed by the Commission	Amendment
	Article 141ba
	Urgency procedure
	1. Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure.
	2. Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 141b(5). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or the Council.

Justification

Adaptation of wording in accordance with the Common Understanding on practical arrangements for the use of delegated acts (Article 290 TFUE).

Amendment 30

Proposal for a regulation – amending act

Article 1 – point 76

Regulation (EC) No 73/2009

Article 141c


Text proposed by the Commission	Amendment
Implementing acts - Committee	Committee procedure
To be completed following the adoption of the Regulation laying down the rules and general principles concerning mechanisms for control envisaged in Article 291(2) TFEU, which is currently under discussion before the PE and the Council.	1. The Commission shall be assisted by the Committee for Direct Payments. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers*.
	2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
	____________________ * OJ L 55, 28.02.2011, p. 13

Justification

In accordance with the templates for provisions on implementing acts subject to control by Member States, in line with the proposed Regulation of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers.

(1)	OJ C 107, 6.4.2011, p. 30.

EXPLANATORY STATEMENT

The Treaty of Lisbon abolishes the old comitology system, which was based on the classic comitology procedures (advisory, management, regulatory) and the regulatory procedure with scrutiny. This system is now replaced with a two tier structure, consisting of delegated and implementing acts (the former including Parliament's right of veto), which enable the Commission to exert powers in implementation and execution. Thus, the existing body of legislation has to be aligned to this new legal reality.

One of the first proposals is the alignment of the present proposal for proposal for regulation amending Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers.

The proposal contains modifications in terms of alignment, but also provides for simplification of Regulation 73/2009.

Alignment to TFUE provisions on implementing powers

Following the Lisbon Treaty, the powers conferred under Regulation (EC) No 73/2009 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union. Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFUE) distinguish two different types of Commission acts:

– Article 290 allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "delegated acts" (Article 290(3));

– Article 291 of the TFUE allows Member States to adopt all measures of national law necessary to implement legally binding Union acts. Those acts can confer implementing powers on the Commission where uniform conditions for implementing them are needed. Legal acts adopted by the Commission in this way are referred to in the terminology used by the Treaty as "implementing acts" (Article 291(4)).

Rapporteur proposals on alignment

On balance, the rapporteur supports the proposal of the Commission, which presents a balanced and technically solid text. Based on the criteria defined for each type of act, your rapporteur carefully scrutinized the Commission proposal and identified areas where the conditions for delegated acts were met. Consequently, the rapporteur proposes the use of delegated acts in the following cases:

- in cases where the basic act is amended, in particular with regards to changing annexes to the legal text;

- in cases where rights are conferred to farmers or reversely where negative consequences may be incurred;

- in cases where in order to maintain the consistency of the legal text, a certain type of measure is considered to be taken always via only one of either delegated or implementing act.

In addition, following the recent conclusion of a Common Understanding on practical arrangements for the use of delegated acts (Article 290 TFUE), as well as the conclusion of the procedure on the Regulation of the European Parliament and the Council laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers, your rapporteur proposes an updated version of the legal text, including the wording agreed to by Parliament and Council, as well as with regards to other conditions of the delegation (period of delegation, timeframe for objecting to a delegated act, extension of that period, committee procedure, etc.).

With regards to the procedure defined in Article 11 of Regulation 73/2009 (regarding the financial discipline mechanism), your rapporteur considers that it may no longer be applied without the involvement of the European Parliament, in light of the Lisbon Treaty provisions on the Common Agricultural Policy and the budgetary procedure. Maintaining Article 11 unchanged - with the Council acting on a proposal from the Commission - would constitute a continuation of the reservation of Council's implementing powers under the former Article 202 EC. However, in the new legislative context, your rapporteur considers that this reservation of implementing powers for the Council is no longer justified.

Simplification

The proposal also includes a number of provisions aimed at simplifying the current legislative environment and easing the administrative burden for Member States.

These amendments concern cross compliance, as well as the possibility for Member States to exempt farmers not applying for area-related payments and declaring only small areas (less than 1 hectare) from the requirement of an area declaration will mainly concern livestock producers without any eligible land to apply for area-related payments.

It is judged that the number of farmers which could be affected is difficult to foresee, but it can be assumed that it will be limited, keeping in mind the continued decoupling of livestock payments and transfer to area related payments. The amendment however represents a cut of the administrative burden for certain Member States.

Your rapporteur supports the proposed modifications, as well as the provision of definitions, in order to achieve better legal clarity and certainty.

PROCEDURE

Title	Amendment of Council Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers
References	COM(2010)0539 – C7-0294/2010 – 2010/0267(COD)
Date submitted to Parliament	30.9.2010
Committee responsible Date announced in plenary	AGRI 19.10.2010
Committee(s) asked for opinion(s) Date announced in plenary	ENVI 19.10.2010		REGI 19.10.2010
Not delivering opinions Date of decision	ENVI 28.10.2010		REGI 14.2.2011
Rapporteur(s) Date appointed	Paolo De Castro 27.10.2010
Discussed in committee	30.11.2010		14.3.2011
Date adopted	12.4.2011
Result of final vote	+: –: 0:	37 1 0
Members present for the final vote	Richard Ashworth, Liam Aylward, José Bové, Vasilica Viorica Dăncilă, Michel Dantin, Paolo De Castro, Albert Deß, Herbert Dorfmann, Lorenzo Fontana, Iratxe García Pérez, Béla Glattfelder, Sergio Gutiérrez Prieto, Martin Häusling, Esther Herranz García, Peter Jahr, Elisabeth Jeggle, Jarosław Kalinowski, Elisabeth Köstinger, Agnès Le Brun, Stéphane Le Foll, George Lyon, Gabriel Mato Adrover, Mairead McGuinness, Krisztina Morvai, James Nicholson, Wojciech Michał Olejniczak, Georgios Papastamkos, Marit Paulsen, Britta Reimers, Alfreds Rubiks, Giancarlo Scottà, Czesław Adam Siekierski, Alyn Smith, Csaba Sándor Tabajdi, Marc Tarabella, Janusz Wojciechowski
Substitute(s) present for the final vote	Giovanni La Via, Astrid Lulling, Christel Schaldemose
Date tabled	20.4.2011

Last updated: 25 June 2012

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