REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund
31.5.2011 - (COM(2010)0761 – C7‑0002/2011 – 2010/0366(COD)) - ***I
Committee on Agriculture and Rural Development
Rapporteur: Luis Manuel Capoulas Santos
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund
(COM(2010)0761 – C7‑0002/2011 – 2010/0366(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2010)0761),
– 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 (C7‑0002/2011),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Economic and Social Committee of 4 May 2011[1],
– having regard to Rules 55 of its Rules of Procedure,
– having regard to the report of the Committee on Agriculture and Rural Development (A7-0204/2011),
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 485/2008. 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 Regulation (EC) No 485/2008, 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 in respect of establishing a list of measures, which are by their nature unsuited for ex-post control by way of scrutiny of commercial documents, to which this Regulation is not to apply. 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 to the 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 485/2008 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should in particular be empowered to adopt uniform rules on the exchange of information. The Commission should adopt those implementing acts with the assistance of the Committee on the Agricultural funds established by Article 41d(1) of Council Regulation (EC) 1290/2005 of 21 June 2005 on the financing of the common agricultural policy6 in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on…[to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council] |
(4) In order to ensure uniform conditions for the implementation of Regulation (EC) No 485/2008, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of 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 powers1. | ||||||||||||||||||||||||||||||
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1 OJ L 55, 28.2.2011, p. 13. | ||||||||||||||||||||||||||||||
Justification | |||||||||||||||||||||||||||||||
In accordance with the templates for provisions on implementing acts subject to control by Member States; in line with the Regulation (EU) No 182/2011of 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 Article 1 – point 1 Regulation (EC) No 485/2008 Article 1 - paragraph 2 | |||||||||||||||||||||||||||||||
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Justification | |||||||||||||||||||||||||||||||
Regulation 73/2009 has since repealed Regulation 1782/2003. | |||||||||||||||||||||||||||||||
Amendment 4 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 485/2008 Article 13 a (new) | |||||||||||||||||||||||||||||||
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Justification | |||||||||||||||||||||||||||||||
Adaptation of wording in accordance with the Common Understanding on practical arrangements for the use of delegated acts (Article 290 TFUE). | |||||||||||||||||||||||||||||||
Amendment 5 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 485/2008 Article 13 b | |||||||||||||||||||||||||||||||
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Justification | |||||||||||||||||||||||||||||||
Adaptation of wording in accordance with the Common Understanding on practical arrangements for the use of delegated acts (Article 290 TFUE). | |||||||||||||||||||||||||||||||
Amendment 6 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 485/2008 Article 13c | |||||||||||||||||||||||||||||||
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Justification | |||||||||||||||||||||||||||||||
Adaptation of wording in accordance with the Common Understanding on practical arrangements for the use of delegated acts (Article 290 TFUE). | |||||||||||||||||||||||||||||||
Amendment 7 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 485/2008 Article 13 d (new) | |||||||||||||||||||||||||||||||
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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. | |||||||||||||||||||||||||||||||
Amendment 8 Proposal for a regulation – amending act Article 1 – point 4 Regulation (EC) No 485/2008 Article 13 e (new) | |||||||||||||||||||||||||||||||
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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] Not yet published in the Official Journal.
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 regulation amending Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund.
The proposal is limited to modifications for the purpose of alignment only.
Alignment to TFUE provisions on implementing powers
Following the Lisbon Treaty, the powers conferred under Regulation (EC) No 485/2009 upon the Commission need to be aligned to Articles 290 and 291 of the Treaty on the Functioning of the European Union(TFUE) , which 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
The rapporteur supports the proposal of the Commission. 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 proposal was scrutinized on the conditions of implementing acts. Inconsistencies were not observed. The use of delegated and implementing acts provisions in these articles is appropriate.
In addition, the 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.) 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,
The proposal amends Regulation 485/2008 by adding one provision of delegated acts (Article 1(2) - establishment of a list of measures to which the regulation does not apply) First sentence of Article 1(2) of Regulation 485/2008 contains a reference to Regulation 1782/2003[1] which is no longer in force and has been replaced by Regulation 73/2009[2], this provision has not been modified by the proposal, an amendment is necessary this respect.
Parts of the wording of articles relating to delegation do not correspond to the standard wording for these articles agreed in the draft Common understanding, nor to formulation that was agreed upon by the institutions in the Regulation 438/2010 therefore these need amending[3].
- [1] Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001, OJ L 270, 21.10.2003, p. 1–69.
- [2] Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003, OJ L 30, 31.1.2009, p. 16–99.
- [3] Regulation (EU) No 438/2010 of the European Parliament and of the Council of 19 May 2010 amending Regulation (EC) No 998/2003 on the animal health requirements applicable to the non-commercial movement of pet animals, OJ L 132, 29.5.2010, p. 3–10.
PROCEDURE
Title |
Amendment of Council Regulation (EC) No 485/2008 on scrutiny by Member States of transactions forming part of the system of financing by the European Agricultural Guarantee Fund |
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References |
COM(2010)0761 – C7-0002/2011 – 2010/0366(COD) |
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Date submitted to Parliament |
17.12.2010 |
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Committee responsible Date announced in plenary |
AGRI 18.1.2011 |
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Rapporteur(s) Date appointed |
Luis Manuel Capoulas Santos 26.1.2011 |
Luis Manuel Capoulas Santos 26.1.2011 |
Luis Manuel Capoulas Santos 26.1.2011 |
Luis Manuel Capoulas Santos 26.1.2011 |
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Rule 51 – joint committee meetings Date announced in plenary |
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Discussed in committee |
28.3.2011 |
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Date adopted |
25.5.2011 |
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Result of final vote |
+: –: 0: |
40 1 0 |
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Members present for the final vote |
John Stuart Agnew, Liam Aylward, José Bové, Luis Manuel Capoulas Santos, Vasilica Viorica Dăncilă, Michel Dantin, Paolo De Castro, Albert Deß, Diane Dodds, Herbert Dorfmann, Hynek Fajmon, Lorenzo Fontana, Iratxe García Pérez, Béla Glattfelder, Sergio Gutiérrez Prieto, Martin Häusling, Esther Herranz García, Peter Jahr, Elisabeth Jeggle, Jarosław Kalinowski, Elisabeth Köstinger, George Lyon, Gabriel Mato Adrover, Mairead McGuinness, Krisztina Morvai, Mariya Nedelcheva, James Nicholson, Rareş-Lucian Niculescu, Wojciech Michał Olejniczak, Georgios Papastamkos, Marit Paulsen, Britta Reimers, Ulrike Rodust, Alfreds Rubiks, Giancarlo Scottà, Czesław Adam Siekierski, Sergio Paolo Francesco Silvestris, Alyn Smith, Csaba Sándor Tabajdi, Marc Tarabella, Janusz Wojciechowski |
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Substitute(s) present for the final vote |
Salvatore Caronna, Spyros Danellis, Jill Evans, Karin Kadenbach, Sandra Kalniete, Giovanni La Via, Véronique Mathieu, Maria do Céu Patrão Neves, Robert Sturdy, Artur Zasada |
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Date tabled |
31.5.2011 |
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