PURPOSE: to repeal certain obsolete Council acts in the field of the common agricultural policy.

LEGISLATIVE ACT: Regulation (EU) No 1229/2011 of the European Parliament and of the Council repealing certain obsolete Council acts in the field of the common agricultural policy.

CONTENT: the Council adopted a regulation on repealing certain obsolete acts in the field of the common agricultural policy (CAP), following a first-reading agreement with the European Parliament.

A number of regulations relating to the CAP have become obsolete, even though they are formally still in force. The repeal process also concerns other acts which no longer a have real effect (see COD/2010/0367 and COD/2010/0369 ).

It should be noted that this Regulation granting the continuing validity of legal acts that derive from the repealed legal acts.

ENTRY INTO FORCE: 11/12/2011.

The European Parliament adopted by 612 votes to 2, with 9 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on repealing certain obsolete Council acts in the field of the common agricultural policy.

Parliament adopted its position at first reading, under the ordinary legislative procedure.

The amendments adopted in plenary are the result of a compromise negotiated between Parliament and Council. They amend the Commission proposal as follows.

In the recitals, it is stipulated that:

Regulation (EEC) No 1467/70 of the Council fixing certain general rules governing intervention on the market in raw tobacco has exhausted its effects as a result of successive reforms of the tobacco sector since 1992; Council Regulation (EEC) No 1078/77 introducing a system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds introduced measures applicable until 1981 and has therefore exhausted its effects; Council Regulation (EEC) No 2997/87 laying down, in respect of hops, the amount of aid to producers for the 1986 harvest and providing for special measures for certain regions of production introduced a special measure applicable until the year 1995 and has therefore exhausted its effects; Council Regulation (EC) No 2330/98 providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade covered only a special temporary measure and has therefore exhausted its effects; Council Regulation (EC) No 527/2003 authorising the offer and delivery for direct human consumption of certain wines imported from Argentina which may have undergone oenological processes not provided for in Regulation (EC) No 1493/1999 was intended to introduce a derogation applicable only until 31 December 2008 and has therefore exhausted its effects.

Lastly, Parliament has also introduced amendments granting the continuing validity of legal acts that derive from the repealed legal acts.

The Committee on Agriculture and Rural Development adopted the report drafted by Paolo DE CASTRO (S&D, PT) on the proposal for a regulation of the European Parliament and of the Council on repealing certain obsolete Council acts in the field of the common agricultural policy.

It recommended that the European Parliament’s position at first reading, under the ordinary legislative procedure, should be to amend the Commission proposal.

Corrections have been made to the following measures:

Under recital 2d, it specified the measures introduced by Council Regulation (EEC) No 1078/77 introducing a system of premiums for the non-marketing of milk and milk products and for the conversion of dairy herds introduced measures applicable until 1981.

Under recital 2l, the measures introduced by Council Regulation (EEC) No 2997/87 laying down, in respect of hops, the amount of aid to producers for the 1986 harvest and providing for special measures for certain regions of production introduced a special measure applicable until the year 1995 (for the UK).

Other amendments to dates have been made in recital 2x and 2y.

Lastly, Members have introduced amendments granting the continuing validity of legal acts that derive from the repealed legal acts.

PURPOSE: to repeal certain obsolete Council acts in the field of the common agricultural policy.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

LEGAL BASE: First subparagraph of Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union (TFEU).

IMPACT ASSESSMENT: no impact assessment was carried out.

CONTENT: a number of acts which were adopted over the last decades have exhausted all their effects, but remain technically in force. They have become obsolete because of their temporary character or because their content has been taken up by successive acts. Several measures linked to the accession of new Member States provided for transitory measures following directly the time of their accession and by now have become obsolete. The European Parliament, the Council and the Commission agreed in their inter-institutional agreement on better law making that Community law should be updated and condensed by repealing acts which are no longer applied. Acts which have no continued relevance should be removed from the 'acquis communautaire', in order to improve transparency and certainty of Union law.

The Commission has carried out several exercises to remove obsolete legislation from the acquis, partly trough the traditional repeal procedure, partly by declaring the relevant Commission acts obsolete. The Commission also identified a number of Council acts related to the Common Agricultural Policy, which are based upon Article 42 and 43 of the Treaty (former Articles 36 and 37) and two Acts of Accession, which have exhausted all practical effects, but are formally still in force. It is not within the Commission's powers to declare obsolete acts which were adopted by the Council.

In the interest of legal certainty, the Commission suggests that the acts listed in this proposal shall be repealed by the Council and the European Parliament.

Regulations (EEC) No 2052/69, (EEC) No 1467/70, (EEC) No 3279/75, (EEC) No 1078/77, (EEC) No 1853/78, (EEC) No 2580/78, (EEC) No 1/81, (EEC) No 1946/81, (EEC) No 2989/82, (EEC) No 3033/83, (EEC) No 564/84, (EEC) No 2997/87, (EEC) No 1441/88, (EEC) No 1720/91, (EEC) No 740/93, (EEC) No 741/93, (EEC) No 744/93, (EC) No 2443/96, (EC) No 2200/97, (EC) No 2330/98, (EC) No 2800/98, (EC) No 2802/98, (EC) No 660/1999, (EC) No 546/2002, (EC) No 527/2003 are repealed.

BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.