REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
6.10.2011 - (COM(2010)0799 – C7–0008/2011 – 2010/0385(COD)) - ***I
Committee on Agriculture and Rural Development
Rapporteur: Paolo De Castro
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)
(COM(2010)0799 – C7‑0008/2011 – 2010/0385(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2010)0799),
– having regard to Article 294(2) and Articles 42 and 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0008/2011),
– 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 the Protocol (No 2) on the application of the principles of subsidiarity and proportionality, by the Luxembourg Chamber of Deputies, by the Polish Diet and the Polish Senate and by the Swedish Parliament, 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 15 March 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 (A7-0322/2011),
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 Recital 2 | |
Text proposed by the Commission |
Amendment |
(2) By virtue of Article 43(3) of the Treaty, the Council shall adopt measures on fixing prices, levies, aid and quantitative limitations. In the interest of clarity, where Article 43(3) of the Treaty applies, this Regulation should explicitly refer to the fact that measures will be adopted by the Council on that basis. |
delete |
Justification | |
Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM (2011) 193) should replace the corresponding parts of the new Single CMO Regulation. That Commission proposal for a Council Regulation essentially reproduces the corresponding provisions of the existing Single CMO Regulation 1234/2007. | |
Amendment 2 Proposal for a regulation Recital 4 | |
Text proposed by the Commission |
Amendment |
(4) 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 this Regulation. 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. |
(4) In order to ensure the proper functioning of 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 in respect of supplementing or amending certain non-essential elements of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. Due attention should be paid to regional and local authorities, island, sparsely populated and mountainous regions and outermost regions, so as not to aggravate the constraints that such regions already face in the present crisis. 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. |
Amendment 3 Proposal for a regulation Recital 11 | |
Text proposed by the Commission |
Amendment |
(11) Save where explicitly provided otherwise, the Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No XX/XXXX of the European Parliament and the Council on [title of Regulation]. |
(11) In order to ensure uniform conditions for the implementation of this Regulation, 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 | |
Reflects common templates on implementing acts subject to control by Member States. | |
Amendment 4 Proposal for a regulation Recital 12 | |
Text proposed by the Commission |
Amendment |
(12) In respect of certain measures under this Regulation which require swift action or which consist in the mere application of general provisions to specific situations without involving discretion, the Commission should be empowered to adopt implementing acts without the assistance of the Committee. |
(12) In respect of certain measures under this Regulation which require swift action or which consist in the mere application of general provisions to specific situations without involving discretion, the Commission should be empowered to adopt implementing acts without the application of Regulation (EU) No 182/2011. |
Justification | |
These are implementing acts which are not subject to control by Member States. The reference to Regulation (EU) No 182/2011 aims to more clarity. | |
Amendment 5 Proposal for a regulation Article 3 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall, if necessary, fix the marketing years for those products by means of delegated acts. |
In order to take into account the specificities of the fruit and vegetables and processed fruit and vegetables sectors, the Commission shall adopt, if necessary, delegated acts in accordance with Article 321 fixing the marketing years for those products. |
(This amendment applies throughout the Regulation each time that the words "by means of delegated acts" appear.) | |
Justification | |
Reflects (only partly, in order not to add too much text in this lengthy Regulation) the Common Understanding on delegated acts between institutions. The addition of the words "in accordance with Article 321" is in the interest of legal clarity. | |
Amendment 6 Proposal for a regulation Article 5 - introductory part | |
Text proposed by the Commission |
Amendment |
The Commission may, by means of implementing acts: |
The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a): |
(This amendment applies throughout Regulation each time that the words "by means of implementing acts" appear.) | |
Justification | |
Reflects (only partly, in view of this very lengthy Regulation) the common templates on implementing acts subject to control by Member States. The addition of the words "in accordance with the examination procedure referred to in Article 323(1a)" is in the interest of legal clarity. | |
Amendment 7 Proposal for a regulation Article 12 - paragraph 1 - point c | |
Text proposed by the Commission |
Amendment |
(c) shall be opened for beef and veal by the Commission, by means of implementing acts without the assistance of the Committee referred to in Article 323(1), if the average market price for beef and veal over a representative period in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as referred to in Article 34(1) is below EUR 1560/tonne. |
(c) shall be opened for beef and veal by the Commission, by means of implementing acts adopted without the application of Article 323, if the average market price for beef and veal over a representative period in a Member State or in a region of a Member State recorded on the basis of the Union scale for the classification of carcasses as referred to in Article 34(1) is below EUR 1560/tonne, particular attention being paid to the principles of territorial cohesion so as to take account of the impact on regional markets, the economies of which largely depend on this type of product. |
(This amendment applies to the whole text of the Regulation each time that the words "without the assistance of the Committee referred to in Article 323(1)" appear.) | |
Justification | |
These are implementing acts which are not subject to control by Member States. The reference to Article 323 (1a) aims to more clarity. | |
Amendment 8 Proposal for a regulation Article 21 | |
Text proposed by the Commission |
Amendment |
Measures on the fixing of aid for butter shall be taken by the Council in accordance with Article 43(3) of the Treaty. |
Aid amounts for private storage for butter shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account storage costs and the likely trends in prices for fresh butter and butter from stocks. |
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Where, at the time of removal from storage, an adverse change, unforeseeable at the time of entry into storage, occurs on the market, the Commission may increase the amount of the aid by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). |
Justification | |
Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM (2011) 193) should replace the corresponding parts of the new Single CMO Regulation. That Commission proposal for a Council Regulation essentially reproduces the corresponding provisions of the existing Single CMO Regulation 1234/2007. | |
Amendment 9 Proposal for a regulation Article 40 | |
Text proposed by the Commission |
Amendment |
1. In order to react efficiently and effectively against threats of market disturbance, where the market situation so dictates, the Commission may, by means of delegated acts, adopted where necessary under the urgency procedure, take special intervention measures in respect of the cereals sector. Such intervention measures may in particular be taken if, in one or more regions of the Union, market prices fall, or threaten to fall, in relation to the intervention price. |
1. In order to react efficiently and effectively against threats of market disturbance, where the market situation so dictates, the Commission may, by means of delegated acts, adopted where necessary under the urgency procedure provided for in Article 322, take special intervention measures in respect of the cereals sector. Such intervention measures may be taken if, in one or more regions of the Union, market prices fall, or threaten to fall, in relation to the intervention price. |
(Each time that the terms "in particular", "amongst others" or "including" appear in a part of the text where the Commission adopts a delegated act they shall be deleted. This amendment applies throughout the Regulation.) | |
Justification | |
As regards delegated acts, terms such as "in particular", "amongst others" or "including" are not acceptable. The enumeration of different types of rules to be adopted through a delegated act should always be exhaustive. | |
Amendment 10 Proposal for a regulation Article 71 - paragraph 5 | |
Text proposed by the Commission |
Amendment |
5. If the surplus levy provided for in paragraph 1 has not been paid before the due date and after consultation of the Committee on the Agricultural Funds established by Regulation (EC) No 1290/2005, the Commission shall deduct by means of implementing acts pursuant to Article 81(d) of this Regulation a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Articles 14 and 15(2) of Regulation (EC) No 1290/2005. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. Article 17 of Regulation (EC) No 1290/2005 shall not apply. |
5. If the surplus levy provided for in paragraph 1 has not been paid before the due date the Commission shall, after consulting the Committee on the Agricultural Funds established by Article 41(1) of Regulation (EC) No 1290/2005, deduct a sum equivalent to the unpaid surplus levy from the monthly payments within the meaning of Articles 14 and 15(2) of that Regulation. Before taking its decision, the Commission shall warn the Member State concerned, which shall make its position known within one week. Article 17 of Regulation (EC) No 1290/2005 shall not apply. |
Justification | |
The reference to the "Committee on the Agricultural Funds established under Regulation 1290/2005" is not in the sense of a committee assisting the Commission for the adoption of an implementing act: that Committee on the Agricultural Funds will only be consulted and will have no voting rights. | |
Amendment 11 Proposal for a regulation Article 78 - paragraph 1 | |
Text proposed by the Commission |
Amendment |
1. In order to ensure that undertakings referred to in Article 51 comply with their obligations, the Commission may adopt, by means of delegated acts, rules on granting and withdrawal of approval of such undertakings, as well as the criteria for administrative penalties. |
1. In order to ensure that undertakings referred to in Article 51 comply with their obligations, the Commission may adopt, by means of delegated acts adopted in accordance with Article 321, rules on granting and withdrawal of approval of such undertakings and on modifying the dates laid down in Article 56, as well as the criteria for administrative penalties. |
Justification | |
The modification of those dates which are laid down in the basic act (hence they are non-essential element of the basic act) should be done by means of delegated acts (see also next amendment). | |
Amendment 12 Proposal for a regulation Article 79 - point i | |
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Text proposed by the Commission |
Amendment |
(i) modify the dates laid down in Article 56; |
delete |
Justification | |
The modification of those dates which are laid down in the basic act (hence they are non-essential element of the basic act) should be done only by means of delegated acts (see also previous amendment). | |
Amendment 13 Proposal for a regulation Article 96 - paragraph 1 - point c | |
Text proposed by the Commission |
Amendment |
(c) prohibit the marketing wine or vine products intended solely for consumption by a vine grower's family. |
(c) adopt provisions on wine or vine products intended solely for consumption by a vine grower's family. |
Justification | |
In its current form, the article would no longer allow the production of wine intended for consumption by the family, which is permitted at present under Community rules. | |
Amendment 14 Proposal for a regulation Article 99 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. Measures on the fixing of the production refund referred to in paragraph 1 shall be taken by the Council in accordance with Article 43(3) of the Treaty. |
2. The production refund referred to in paragraph 1 shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account, in particular: |
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(a) the costs arising from the use of imported sugar that the industry would have to bear in the event of supply from the world market; and |
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(b) the price of surplus sugar available on the Union market or, if there is no surplus sugar on that market, the reference price for sugar set out in point (c) of Article 8(1). |
Justification | |
Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM (2011) 193) should replace the corresponding parts of the new Single CMO Regulation. | |
Amendment 15 Proposal for a regulation Article 101 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. Measures on the fixing of the aid amounts shall be taken by the Council in accordance with Article 43(3) of the Treaty. |
2. The aid amounts referred to in paragraph 1 shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the reference price for skimmed milk powder fixed in point (e)(ii) of Article 8(1), and the development of the market situation as regards skimmed milk and skimmed milk powder. Account shall be taken of the need for measures to support agricultural products from the outermost regions and of the the changes brought about by this Regulation. |
Amendment 16 Proposal for a regulation Article 102 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. Measures on the fixing of the aid amounts shall be taken by the Council in accordance with Article 43(3) of the Treaty. |
2. The aid amounts referred to in paragraph 1 shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the reference price for skimmed milk powder set out in point (e)(ii) of Article 8(1), and the development of the market situation as regards skimmed milk and skimmed milk powder. |
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The aid referred to in the first subparagraph may be varied by the Commission, depending on whether the skimmed milk is processed into casein or caseinates and on the quality of those products. |
Justification | |
Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM (2011) 193) should replace the corresponding parts of the new Single CMO Regulation. | |
Amendment 17 Proposal for a regulation Article 107 - points a and b | |
Text proposed by the Commission |
Amendment |
(a) the conditions according to which the Member States shall grant the authorisations as regards the use of casein and caseinates; |
(a) rules in accordance with which the Member States shall grant the authorisations as regards the use of casein and caseinates and rules relating to the duration and content of the authorisations and to the products which they may cover; |
(b) the obligations to be respected by the undertakings authorised in accordance with point (a); |
(b) declaration and account keeping obligations to be respected by the undertakings authorised in accordance with point (a); |
Justification | |
"Conditions" and "obligations" is wording normally used for delegated acts - not for implementing acts as the ones in points (a) and (b) above. The amendment seeks to clarify the precise rules and obligations on the basis of the factual content of those provisions originating from Articles 1 and 3 of Regulation 760/2008. | |
Amendment 18 Proposal for a regulation Article 108 - paragraph 3 | |
Text proposed by the Commission |
Amendment |
3. Measures on fixing the Union aid for all milk shall be taken by the Council in accordance with Article 43(3) of the Treaty. |
3. Measures on fixing the Union aid for all milk shall be adopted by the Commission, by means of implementing acts in accordance with the examination procedure referred to in Article 323(1a), taking into account the need to sufficiently encourage the supply of milk products to educational establishments. |
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Aid amounts for eligible milk products other than milk shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the milk components of the product concerned. |
Justification | |
Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM (2011) 193) should replace the corresponding parts of the new Single CMO Regulation. | |
Amendment 19 Proposal for a regulation Article 109 – paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. In order to ensure that the appropriate beneficiaries and applicants qualify for the aid referred to in Article 108(1), the Commission shall, by means of delegated acts, adopt the conditions for granting aid. |
2. In order to ensure that the appropriate beneficiaries and applicants qualify for the aid referred to in Article 108(1), the Commission shall, by means of delegated acts in accordance with Article 321, adopt the conditions for granting aid. |
In order to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts, adopt measures to prevent fraud and irregularities including: |
In order to ensure that applicants respect their obligations, the Commission shall, by means of delegated acts in accordance with Article 321, adopt the lodging of a security guaranteeing the execution where an advance of aid is paid. |
(a) the suspension of the right to participate in the aid scheme, |
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(b) the lodging of a security guaranteeing the execution where an advance of aid is paid, and |
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(c) the application of penalties to deter fraudulent behaviour. |
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Justification | |
For the sake of legal clarity, the implementing powers granted to the Commission regarding penalties should be regrouped in the horizontal articles. The penalty principle should be adopted by a measure in an extra article, with a set of horizontal articles then setting out the specific details of the principle. | |
Amendment 20 Proposal for a regulation Article 119 - point c | |
Text proposed by the Commission |
Amendment |
(c) the consequences of recognition. |
(c) the payment of aid following recognition. |
Justification | |
"Consequences" is a wording normally used for delegated acts. The amendment clarifies the scope through a more precise wording. | |
Amendment 21 Proposal for a regulation Article 128 – paragraph 1 – point a | |
Text proposed by the Commission |
Amendment |
(a) the supply to children in educational establishments, including nurseries, other pre-school establishments, primary and secondary schools, of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and |
(a) the supply to children in educational establishments administered or approved by the Member State, including nurseries, other pre-school establishments, primary and secondary schools, of products of the fruit and vegetables, processed fruit and vegetables, and bananas sectors; and |
Amendment 22 Proposal for a regulation Article 139 - paragraph 3 - subparagraphs 2 and 2 a (new) | |
Text proposed by the Commission |
Amendment |
The normal renewal of vineyards which have come to the end of their natural life shall not be supported. |
The normal renewal of vineyards which have come to the end of their natural life, namely, the replanting of the same parcel of land with the same variety according to the same system of vine cultivation, shall not be supported. |
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Member States may lay down further specifications, especially as regards the age of the vineyards replaced. |
Amendment 23 Proposal for a regulation Article 140 - paragraph 1 - subparagraph 1 a (new) | |
Text proposed by the Commission |
Amendment |
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Leaving commercial grapes on the plants at the end of the normal production cycle (non-harvesting) shall not be considered to be green harvesting. |
Amendment 24 Proposal for a regulation Article 142 - paragraph 1 - subparagraph 1 a (new) | |
Text proposed by the Commission |
Amendment |
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The expression ‘adverse climatic event' shall have the same meaning as "adverse climatic event which can be assimilated to a natural disaster" in Article 2(8) of Commission Regulation (EC) No 1857/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to State aid to small and medium-sized enterprises active in the production of agricultural products and amending Regulation(EC) No 70/20011. |
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1 OJ L 358, 16.12.2006, p. 3. |
Justification | |
Definitions are important elements which should be included in the basic act (taken from the definition contained in Article 16 of Regulation (EC) No 555/2008). | |
Amendment 25 Proposal for a regulation Article 155 - paragraph 4 | |
Text proposed by the Commission |
Amendment |
4. Measures on fixing the aid per box of silkworm eggs used shall be taken by the Council in accordance with Article 43(3) of the Treaty. |
4. Aid amounts granted to silkworm rearers shall be fixed by the Commission, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), taking into account the organisation of the silkworm rearing sector in certain regions of the Union and the need to facilitate the adaptation of supply to the market situation. |
Justification | |
Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM (2011) 193) should replace the corresponding parts of the new Single CMO Regulation. | |
Amendment 26 Proposal for a regulation Article 174 - paragraph 1 - subparagraphs 1a, 1b, 1c, 1d and 1e (new) | |
Text proposed by the Commission |
Amendment |
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For the purpose of the application of points (a)(iii) and (b)(iii), ‘production’ shall cover all the operations involved, from the harvesting of the grapes to the completion of the wine-making process, with the exception of any post-production processes. |
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For the purpose of the application of point (b)(ii), the up-to-15 % shareof grapes which may originate outside the demarcated geographical area shall originate from the Member State or third country concerned in which the demarcated area is situated. |
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By way of derogation from points (a)(iii) and (b)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product with a protected designation of origin or protected geographical indication may be made into wine either: |
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(a) in an area in the immediate proximity of the demarcated area concerned; or |
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(b) in an area located within the same administrative unit or within a neighbouring administrative unit, as defined in national rules; or |
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(c) in the case of a trans-border designation of origin or geographical indication, or where an agreement on control measures exists between two or more Member States or between one or more Member States and one or more third countries, in an area situated in the immediate proximity of the demarcated area in question. |
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By way of derogation from point (b)(iii) and on condition that the product specification laid down in Article 175(2) so provides, wines with a protected geographical indication may continue to be made into wine outside the immediate proximity of the demarcated area in question until 31 December 2012. |
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By way of derogation from point (a)(iii), and on condition that the product specification laid down in Article 175(2) so provides, a product may be made into sparkling wine or semi-sparkling wine with a protected designation of origin beyond the immediate proximity of the demarcated area in question if this practice was in use prior to 1 March 1986. |
Amendment 27 Proposal for a regulation Article 202 | |
Text proposed by the Commission |
Amendment |
Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation of products falling under their scopes. |
1. Save as otherwise provided for in this Regulation, Directive 2008/95/EC, Council Directive 89/396/EEC, Directive 2000/13/EC of the European Parliament and of the Council and Directive 2007/45/EC of the European Parliament and of the Council shall apply to the labelling and presentation of products falling under their scopes. The labelling of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex XII may not be supplemented by any particulars other than those provided for in this Regulation unless they satisfy the requirements of Article 2(1)(a) of Directive 2000/13/EC. |
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2. Where one or more of the ingredients listed in Annex IIIa to Directive 2000/13/EC are present in one of the products referred to in Annex XII, Part II to this Regulation, they must be indicated on the labelling, preceded by the term "contains". |
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For sulphites, the following terms may be used: "sulphites", "sulfites", "sulphur dioxide" or "sulfur dioxide". |
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3. The labelling obligation referred to in paragraph 2 may be accompanied by the use of a pictogram to be determined by means of adelegated acts adopted in accordance with Article 321. |
Amendment 28 Proposal for a regulation Article 203 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. By way of derogation from paragraph 1(a), the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication. |
2. By way of derogation from paragraph 1(a), the reference to the category of the grapevine product may be omitted for wines whose labels include the name of a protected designation of origin or a protected geographical indication and for quality sparkling wines whose labels include the term "Sekt". |
Amendment 29 Proposal for a regulation Article 228 - paragraph 1 | |
Text proposed by the Commission |
Amendment |
1. Where one or more of the activities referred to in paragraph 2 is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition, or the Commission, without the assistance of the Committee referred to in Article 323(1), where recognition has been granted by the Commission, may decide that individuals or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the subscriptions paid by its members to the extent that such subscriptions are intended to cover costs, other than administrative costs of any description, directly incurred as a result of pursuing the activities in question. |
1. Where one or more of the activities referred to in paragraph 2 is pursued by a recognised interbranch organisation in the tobacco sector and is in the general economic interest of those persons whose activities relate to one or more of the products concerned, the Member State which has granted recognition, or, where recognition has been granted by the Commission, the Commission, by means of implementing acts adopted without the application of Article 323, may decide that individuals or groups which are not members of the organisation but which benefit from those activities shall pay the organisation all or part of the subscriptions paid by its members to the extent that such subscriptions are intended to cover costs, other than administrative costs of any description, directly incurred as a result of pursuing the activities in question. |
Justification | |
The mention of the power of implementation of the Commission was missing from the legislative proposal. | |
Amendment 30 Proposal for a regulation Article 254 - paragraph 2 - introductory wording and point a | |
Text proposed by the Commission |
Amendment |
2. The Commission may, by means of implementing acts, provide for: |
2. The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), provide for: |
(a) the use of licences, and, when necessary, specific rules relating to, in particular, the conditions under which applications for import shall be lodged and authorisation granted within the tariff quota; |
(a) the use of licences, and, when necessary, specific rules relating to, in particular, the procedures for lodging applications for import, as well as for granting authorisations within the tariff quota; |
Justification | |
A type of rules which implies obligations and, in particular, the term "conditions", is wording normally used for delegated acts. The amendment clarifies the scope through a more precise wording. | |
Amendment 31 Proposal for a regulation Article 273 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. Measures on the fixing of refunds shall be taken by the Council in accordance with Article 43(3) of the Treaty. |
2. Refunds shall be fixed by the Commission by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a). They may be fixed: |
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(a) at regular intervals; |
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(b) by tendering procedures for cereals, rice, sugar and milk and milk products. |
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Except where fixed by tendering procedure, the Commission shall fix the list of products on which an export refund is granted and the amount of export refunds at least once every three months. The amount of the refund may, however, remain at the same level for more than three months and may, where necessary, be adjusted in the intervening period by the Commission, without the application of Article 323, either at the request of a Member State or on its own initiative. |
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3. One or more of the following aspects shall be taken into account when refunds for a certain product are being fixed: |
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(a) the existing situation and the future trend with regard to: |
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(i) prices and availabilities of that product on the Union market, |
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(ii) prices for that product on the world market; |
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(b) the aims of the common market organisation, which are to ensure equilibrium and the natural development of prices and trade on this market; |
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(c) the need to avoid disturbances likely to cause a prolonged imbalance between supply and demand on the Union market; |
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(d) the economic aspects of the proposed exports; |
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(e) the limits resulting from agreements concluded in accordance with Article 218 of the Treaty; |
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(f) the need to establish a balance between the use of Union basic products in the manufacture of processed goods for export to third countries and the use of third country products brought in under processing arrangements; |
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(g) the most favourable marketing costs and transport costs from Union markets to Union ports or other places of export, together with forwarding costs to the countries of destination; |
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(h) demand on the Union market; |
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(i) in respect of the pigmeat, eggs and poultrymeat sectors, the difference between prices within the Union and prices on the world market for the quantity of feed grain input required for the production in the Union of products of those sectors. |
Justification | |
Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM (2011) 193) should replace the corresponding parts of the new Single CMO Regulation. | |
Amendment 32 Proposal for a regulation Article 273 a (new) | |
Text proposed by the Commission |
Amendment |
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Article 273a |
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Specific measures on export refunds for cereals and rice |
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1. The Commission may, by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a), fix a corrective amount applicable to export refunds fixed in respect of the cereals and rice sectors. Where necessary, the Commission may, by means of implementing acts adopted without the application of Article 323, amend the corrective amounts. |
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The first subparagraph may be applied to products of the cereals and rice sectors that are exported in the form of goods listed in Annex XVII. |
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2. For the first three months of the marketing year, the refund applicable to exports of malt, either in storage at the end of the previous marketing year or made from barley that was in stock at that time, shall be that which would have applied, in respect of the export licence in question, to exports made during the last month of the preceding marketing year. |
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3. The refund on products listed in points (a) and (b) of Part I of Annex I, established in accordance with Article 274(2), may be adjusted by the Commission, in accordance with the examination procedure referred to in Article 323(1a), in line with any changes in the level of the intervention price. |
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The first subparagraph may be applied, in whole or in part, to products listed in points (c) and (d) of Part I of Annex I as well as to products listed in Part I of that Annex I which are exported in the form of goods referred to in Part I of Annex XVII. In that case, the adjustment referred to in the first subparagraph shall be corrected by the Commission, in accordance with the examination procedure referred to in Article 323(1a), by applying a coefficient representing the ratio between the quantity of basic product and the quantity thereof contained in the processed product exported or used in the goods exported. |
Justification | |
This amendment introduces the text of Article 10 of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM(2011)193). | |
Amendment 33 Proposal for a regulation Article 281 | |
Text proposed by the Commission |
Amendment |
1. In order to take account of the development of the market for each of the products of the live plants sector falling within CN code 0601 10, one or more minimum prices for exports to third countries may be fixed each year in good time before the marketing season. Measures on fixing the minimum prices shall be taken by the Council in accordance with Article 43(3) of the Treaty. |
1. In order to take account of the development of the market for each of the products of the live plants sector falling within CN code 0601 10, one or more minimum prices for exports to third countries may be fixed by the Commission each year in good time before the marketing season. |
Exportation of such products shall be permitted only at a price equal to or above the minimum price fixed for the product in question. |
Exportation of such products shall be permitted only at a price equal to or above the minimum price fixed for the product in question. |
2. The Commission shall, by means of implementing acts, adopt all necessary administrative measures related to the first subparagraph of paragraph 1, having regard to the obligations arising from agreements concluded in accordance with Article 218 of the Treaty. |
2. The Commission shall adopt all necessary measures related to the first subparagraph of paragraph 1 by means of implementing acts adopted in accordance with the examination procedure referred to in Article 323(1a) taking into account, in particular, the prices on international markets and having regard to the obligations arising from agreements concluded in accordance with Article 218 of the Treaty. |
Justification | |
Article 43(3) TFEU should not apply. Instead, the content of the recent Commission proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets (COM (2011) 193) should replace the corresponding parts of the new Single CMO Regulation. | |
Amendment 34 Proposal for a regulation Article 296 | |
Text proposed by the Commission |
Amendment |
Article 296 [To be deleted after 31/12/2010] |
delete |
Specific provisions for the fruit and vegetables sector |
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With regard to the fruit and vegetables sector, Member States may pay a state aid until 31 December 2010 under the following conditions: |
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(a) the state aid is paid only to producers of fruit and vegetables who are not members of a recognised producer organisation and who sign a contract with a recognised producer organisation in which they accept that they shall apply the crisis prevention and management measures of the producer organisation concerned; |
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(b) the amount of aid paid to such producers is no more than 75 % of the Union support received by the members of the producer organisation concerned; and |
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(c) the Member State concerned presents a report to the Commission by 31 December 2010 on the effectiveness and efficiency of the state aid, in particular analysing how much it has supported the organisation of the sector. The Commission will examine the report and decide whether to make any appropriate proposals. |
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Amendment 35 Proposal for a regulation Article 304 - paragraph 4 | |
Text proposed by the Commission |
Amendment |
4. Any time after 1 January 2016, the Commission may decide that paragraphs 1, 2 and 3 no longer apply. |
4. Any time after 1 January 2016, the Commission may decide, by means of delegated acts adopted in accordance with Article 321, that paragraphs 1, 2 and 3 no longer apply. |
Justification | |
Non-essential elements of the basic act can be modified only by means of delegated acts. | |
Amendment 36 Proposal for a regulation Article 314 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. The following amounts shall be available in the given calendar years: |
2. The following amounts shall be available in the given calendar years: |
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– 2009: EUR 40 660 000, |
– 2010: EUR 82 110 000, |
– 2010: EUR 82 110 000, |
– from 2011 onwards: EUR 122 610 000. |
– from 2011 onwards: EUR 122 610 000. |
Amendment 37 Proposal for a regulation Article 315 | |
Text proposed by the Commission |
Amendment |
1. The Commission shall, by means of implementing acts, adopt the measures which are both necessary and justifiable in an emergency, in order to resolve specific practical problems. Such measures may derogate from provisions of this Regulation, but only to the extent that, and for such a period, as is strictly necessary. |
1. The Commission shall, by means of delegated acts adopted in accordance with Article 321, lay down the measures which are both necessary and justifiable in an emergency, in order to resolve specific practical problems. Such measures may derogate from provisions of this Regulation, but only to the extent that, and for such a period, as is strictly necessary. |
2. Where it is necessary, in order to resolve the problem in question, the Commission shall act in accordance with Article 323(2). |
2. Where imperative grounds of urgency so require, the urgency procedure provided for in Article 322 shall apply to delegated acts adopted pursuant to this Article. |
Justification | |
These measures, adopted in emergency situations, can be of the same nature as measures adopted under Article 290 TFUE (delegated acts). As there is also an urgency procedure foreseen for delegated acts, your rapporteur proposes its possible employment, in order to ensure the efficiency of the decision-making process. | |
Amendment 38 Proposal for a regulation Article 321 | |
Text proposed by the Commission |
Amendment |
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. |
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2. The delegation of power referred to in paragraph 1 may be revoked by the European Parliament or by the Council. |
2. The delegation of power 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 power no later than nine months before the end of the five-year 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 months before the end of each period. |
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. |
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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. |
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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. |
3. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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 at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
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. |
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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. |
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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. |
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4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. |
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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 of the Council. |
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* Date of entry into force of this Regulation. |
Justification | |
Reflects Common Understanding on delegated acts between institutions. | |
Amendment 39 Proposal for a regulation Article 322 - paragraph 2 | |
Text proposed by the Commission |
Amendment |
2. The European Parliament or the Council may object to a delegated act adopted under this Article in accordance with the procedure referred to in Article 321(3). In such a case, the act shall cease to apply. The institution which objects to such a delegated act shall state its reasons. |
2. Either the European Parliament or the Council may object to a delegated act adopted under this Article in accordance with the procedure referred to in Article 321(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 by the Council. |
Justification | |
Reflects Common Understanding on delegated acts between institutions. | |
Amendment 40 Proposal for a regulation Article 323 | |
Text proposed by the Commission |
Amendment |
1. [Where implementing acts are adopted pursuant to this Regulation, the Commission shall be assisted by the Committee for the Common Organisation of the Agricultural Markets and the procedure provided for in Article [5] of Regulation (EU) No [xxxx/yyyy](to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(2) of the TFEU, currently the subject of discussion by the European Parliament and the Council) shall apply.] |
1. The Commission shall be assisted by a committee which shall be referred to as the Committee for the Common Organisation of the Agricultural Markets. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. |
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1a. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. |
2. In the cases of urgency provided for in Articles 265, 266, 282 and 315(2) of this Regulation, the procedure provided for in Article [6] of Regulation (EU) No [xxxx/yyyy] shall apply. |
2. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 5 thereof, shall apply. |
Justification | |
Reflects common templates on implementing acts subject to control by Member States. | |
Amendment 41 Proposal for a regulation Annex V - part A - section III - point 2 - subparagraph 1a | |
Text proposed by the Commission |
Amendment |
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Member States shall be authorised to subdivide each of the classes that are provided for in points 1 and 2 into a maximum of three subclasses. |
Justification | |
The codification of the CMO must be on the basis of established law. Accordingly, the entire text of the existing annex should be included. | |
Amendment 42 Proposal for a regulation Annex V - part C - section III | |
Text proposed by the Commission |
Amendment |
The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term 'round' in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term 'hindquarter'. |
1. The carcasses shall be classified by way of application of the provisions in point A.III. mutatis mutandis. However, the term 'round' in point A.III.1 and in rows 3 and 4 of the table under point A.III.2. shall be replaced by the term 'hindquarter'. |
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2. By way of derogation from point 1, for lambs of less than 13 kg carcass weight, Member States may be authorised by the Commission, by means of an implementing act without the application of Article 323, to use the following criteria for classification: |
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(a) carcass weight; |
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(b) colour of meat; |
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(c) fat cover. |
Justification | |
The codification of the CMO must be on the basis of established law. Accordingly, the entire text of the existing annex should be included and adapted to the provisions of the Treaty of Lisbon. |
- [1] OJ C 132, 3.5.2011, p. 89.
EXPLANATORY STATEMENT
General presentation
The Commission proposal aims to align Council Regulation (EC) No 1234/2007 on
the Single Common Market Organisation (CMO) with the new distinction between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). In addition, this proposal includes, for the sake of completeness, the proposals for modifications of Council Regulation (EC) No 1234/2007 already separately submitted by the Commission to the European Parliament and the Council.
Articles 290 and 291 TFEU establish a distinction between, on the one hand, the powers delegated to the Commission to adopt non-legislative acts and, on the other, the powers conferred on the Commission to adopt implementing acts:
a) Article 290 TFEU on delegated acts 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.
b) Article 291 TFEU on implementing acts requires 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.
The proposed alignment of Regulation (EC) No 1234/2007 on the new requirements
is based on a qualification by the Commission of its existing powers as "delegated" and "implementing" against the background of the implementing measures adopted by the Commission on the basis of its current powers.
The proposal provides the Legislator with the power to define the essentials of the CMO. For example, the objectives of the market intervention measures, of the systems of production limitation and of the aid schemes are fixed by the Legislator. Similarly, the Legislator lays down the principle of establishing a system of import and export licences, the fundamental elements of the rules concerning marketing and production and the principle of application of sanctions, reductions and exclusions. The Legislator also provides for the existence of specific provisions for individual sectors.
Pursuant to Article 290 TFEU, the Legislator gives the Commission the power to complete or modify certain non-essential elements of a legal act. A Commission delegated act may therefore determine the additional elements necessary for the proper functioning of the CMO. For example, the Commission shall adopt delegated acts in order to lay down the conditions for operators for taking part in a scheme, the obligations deriving from the issue of a licence and, if necessary depending on the economic situation, whether it requires a guarantee for issue of licences. Similarly, the Legislator delegates to the Commission the power to adopt measures to establish eligibility criteria for products as regards market intervention. Also, the Commission may adopt delegated acts regarding definitions.
On the other hand, in accordance with Article 291 (2) TFEU, the Legislator gives the Commission powers of implementation as regards the uniform conditions for the implementation of the CMO and a general framework of checks that Member States shall implement.
The question of Article 43(3) TFEU - Council powers
Article 43(3) TFEU stipulates that "The Council, on a proposal from the Commission, shall adopt measures on fixing prices, levies, aids and quantitative limitations (…)". This is an exception from Article 43(2) TFEU which requires the ordinary legislative procedure (OLP) to be used "to establish the common organisation of agricultural markets … and the other provisions necessary for the pursuit of the objectives of the common agricultural policy". Indeed, the Lisbon Treaty has turned the OLP into the standard procedure for the adoption of EU legislative acts. As an exception, Article 43(3) TFEU needs therefore to be interpreted restrictively so as to ensure that the Legislator can exercise its legislative prerogatives under Article 43(2) TFEU. This includes the Legislator regulating the fundamental elements of the common agricultural policy and taking the political decisions that shape its structure, instruments and effects. Against this background, the specific procedure laid down in Art. 43(3) TFEU should only be applied where an issue referred to in that provision does not form part of the fundamental policy decisions reserved to the Legislator under Article 43(2) TFEU. Therefore, where such an issue is inextricably linked with the political substance of the decisions to be taken by the Legislator, Article 43(3) TFEU should not be applied.
According to the Commission, its proposal is based on the following principles:
a) the structural parameters and fundamental elements of the CAP may only be decided by the Legislator (European Parliament and Council). For example, the public intervention (including framework for the determination by the Commission of certain intervention prices by means of the tendering procedure) and milk and sugar quota schemes established by Regulation 1234/2007 should stay at the Legislator's level, as these elements are inextricably linked to the definition of the content of the scheme established by the Legislator and the boundaries of this regime.
b) measures on fixing prices, levies, aids and quantitative limitations as referred to in Article 43(3) which do not fall in the scope of Article 43(2) TFEU shall be taken by the Council. The Commission would submit a proposal for a Regulation based on Article 43(3) TFEU as regards the provisions in Article 21 on the conditions for mandatory aid for private storage of butter, in Article 99 on the production refund in the sugar sector, in Articles 101 and 102 on aids in the milk and milk products sector, in Article 108 on the supply of milk products to pupils, in Article 155 on aids in the silkworm sector, in Article 273 on export refunds and in Article 281 on live plants minimum export prices. The Regulation to be proposed would, in respect of these provisions, foresee that the conditions for fixing of aid amounts, export refunds and minimum export prices should be determined by the Council under Article 43(3) TFEU and that amounts of such aids, refunds and price levels should be fixed by the Commission by means of implementing acts.
The Commission presented indeed, on 11 April 2011, a "proposal for a Council Regulation determining measures on fixing certain aids, refunds and prices related to the single common organisation of agricultural markets" (COM (2011) 193), based on Art 43(3) TFEU. Via this Regulation, the Council shall lay down the criteria for fixing aid amounts, export refunds and minimum export prices and leave the fixing of amounts of such aids, refunds and prices to the Commission (through implementing acts). However, with regard to the content, the Commission proposal for a Council Regulation essentially reproduces the corresponding provisions of the existing Single CMO Regulation 1234/2007.
Rapporteur's position
Your rapporteur considers that the Commission proposal on the Single CMO has not respected the principle that Article 43(3) TFEU needs to be interpreted restrictively. Defining conditions and criteria for fixing aid amounts, export refunds and minimum export prices should remain with the Legislator, leaving to the Commission only the fixing of amounts through implementing acts. Hence the proposal runs against the Legislator's prerogatives under Article 43(2) TFEU.
There are several possibilities to deal with this problem in Parliament's position on the single CMO. It is possible:
a) to delete simply any provision which makes reference to Art 43(3) TFEU; this would force the Council to negotiate on the problem, but is no sensible "law making";
b) to modify the relevant provisions by deleting the reference to Art 43(3) TFEU and inserting a provision that Parliament and Council shall decide on the issues in a special Regulation under the OLP; this would aim to adopting a new special Regulation on subjects which so far are laid down in the single CMO, but would have no real rationale;
c) to delete all provisions related to Article 43 (3) TFEU and to replace them by the respective content laid down in the already mentioned Commission proposal for a Council Regulation (which, as underlined above, essentially reproduces the corresponding provisions of the existing Single CMO Regulation 1234/2007). This approach is more pragmatic and also sensible from a procedural point of view (lege artis). This last approach has been followed in the draft report.
Amendments to other issues
a) Amendments seeking to replace implementing acts with delegated acts:
Terms as "conditions", "obligations" and any type of "rules" implying obligations constitute wording normally used for delegated acts - not for implementing acts. The same applies for the modification of non-essential elements laid down in the basic act: they should be modified only by means of delegated acts (e.g. in the Single CMO Commission proposal: dates, non-application of certain paragraphs, measures for emergency situations).
b) Several amendments aim to reflect standard wordings agreed between the institutions ("Common Understanding on delegated acts between institutions" and "Common templates on implementing acts")
Urgency to adopt the new Regulation
Your rapporteur wishes to stress the urgency of adopting this new Regulation as soon as possible. The upcoming substantial reform of the Single CMO (in the framework of the general CAP Reform) would be unreasonably burdened with a still open negotiation on the Commission alignment proposal under consideration.
The guiding principle is that a balance should be achieved between the need for the Commission to act efficiently and expediently, on one hand, and the powers Parliament and Council have under the Lisbon Treaty with regard to the legislative process. Your rapporteur is generally in favour of most Commission's choices for delegated or implementing acts and believes the Commission has made a balanced proposal in this regard. However, as explained above, there are single amendments seeking to replace implementing acts with delegated acts in provisions dealing with conditions, obligations and any type of rules implying obligations, as this wording is normally used for delegated acts, as well as for the modification of non-essential elements laid down in the basic act.
Further amendments, apart from a few self-understandable cases, are (as explained above) of horizontal nature, in order to reflect the common understanding reached between the institutions on the use of delegated acts, as well as the recent entry into force of the Regulation on implementing acts (Regulation (EU) No. 182/2011 of 16 February 2011).PROCEDURE
Title |
Common organisation of agricultural markets and specific provisions for certain agricultural products (Single CMO Regulation) |
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References |
COM(2010)0799 – C7-0008/2011 – 2010/0385(COD) |
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Date submitted to Parliament |
21.12.2010 |
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Committee responsible Date announced in plenary |
AGRI 18.1.2011 |
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Rapporteur(s) Date appointed |
Paolo De Castro 26.1.2011 |
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Discussed in committee |
1.2.2011 |
21.6.2011 |
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Date adopted |
26.9.2011 |
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Result of final vote |
+: –: 0: |
32 1 1 |
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Members present for the final vote |
John Stuart Agnew, Richard Ashworth, Liam Aylward, José Bové, Luis Manuel Capoulas Santos, Vasilica Viorica Dăncilă, Michel Dantin, Paolo De Castro, Albert Deß, Herbert Dorfmann, Robert Dušek, Lorenzo Fontana, Iratxe García Pérez, Sergio Gutiérrez Prieto, Martin Häusling, Esther Herranz García, Peter Jahr, Elisabeth Jeggle, Jarosław Kalinowski, Elisabeth Köstinger, Gabriel Mato Adrover, Mairead McGuinness, Krisztina Morvai, James Nicholson, Wojciech Michał Olejniczak, Georgios Papastamkos, Marit Paulsen, Britta Reimers, Ulrike Rodust, Alfreds Rubiks, Giancarlo Scottà, Czesław Adam Siekierski, Sergio Paolo Francesco Silvestris, Alyn Smith |
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Substitute(s) present for the final vote |
Luís Paulo Alves, Spyros Danellis, Vincenzo Iovine, Giovanni La Via, Maria do Céu Patrão Neves, Jacek Włosowicz |
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Date tabled |
7.10.2011 |
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