Progress: Procedure lapsed or withdrawn
Role | Committee | Rapporteur | Shadows |
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Lead | AGRI | HÄUSLING Martin ( Verts/ALE) | PATRÃO NEVES Maria do Céu ( PPE), OLEJNICZAK Wojciech Michał ( S&D), LYON George ( ALDE), WOJCIECHOWSKI Janusz ( ECR), WŁOSOWICZ Jacek ( EFD) |
Lead committee dossier:
Legal Basis:
TFEU 042-p1, TFEU 043-p2
Legal Basis:
TFEU 042-p1, TFEU 043-p2Subjects
Events
The Council adopted Conclusions on organic farming in which it highlighted the importance of an appropriate regulatory framework for the development of this sector.
Among other things, the Council calls on the Member States and the Commission, in accordance with their respective competences, to:
develop the organic farming sector at an ambitious level by reviewing the current legal framework , with a view to improving its usability while providing for a period of stability and certainty;
continue to reduce to the minimum the various exceptions outlined in the regulations, while providing flexibility in the application of the production rules to accommodate the specific circumstances and stage of development of the sector at Member State level; strengthen and enhance lines of communication between all control agencies and explore ways of further improving the production, presentation and rapid dissemination of relevant information, documentation and data; identify and overcome remaining obstacles in the legal framework to ensure fair competition and the proper functioning of the internal market in organic products; encourage the promotion of the organic sector and increased consumption of organic produce; support access for developing countries ’ products to EU markets where adequate guarantees can be provided that the controls are effective and the organic products meet EU requirements; acknowledge the specific inclusion of organic farming in the current CAP reform proposals and consider further possibilities for providing financial support for organic production within this framework.
In addition, the Commission is invited to:
improve the current mechanisms to facilitate international trade in organic products and require reciprocity and transparency in any trade agreements; in cooperation with Member States, to assess the feasibility of establishing European electronic import certificates to facilitate and reinforce the control procedures at EU borders.
The European Parliament adopted by 629 votes to 25, with 34 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products.
Parliament’s position adopted at first reading, under the ordinary legislative procedure, amends the Commission proposal as follows:
Delegated and implementing powers of the Commission : the amendments introduced by the MEPs aim to take into account:
the "Common Understanding" on practical arrangements for the use of delegated acts (Article 290 TFUE) to be formally agreed on by the Council and the Parliament; the "Regulation on implementing powers" (Regulation (EC) No 182/2011 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 power to adopt the delegated acts is conferred on the Commission subject to certain conditions . The delegation of power shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. A delegated act 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. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Implementing powers for urgent reasons : on duly justified imperative grounds of urgency, relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in the Regulation or whose control measures are no longer of equivalent effectiveness to those laid down in the same Regulation, the Commission shall adopt immediately applicable implementing acts.
Administrative burden : the resolution stresses that the process of alignment to the Treaty of Lisbon should seek to achieve the aim of simplifying all Union legislation enacted for the sector, with a view to relieving organic farmers of the burden of unnecessary red tape.
The Committee on Agriculture and Rural Development adopted the report drafted by Martin HÄUSLING (Greens/EFA, DE) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 834/2007 on organic production and labelling of organic products.
It recommends that the European Parliament’s position adopted at first reading, under the ordinary legislative procedure, should amend the Commission proposal as follows:
Delegated and implementing powers of the Commission : the amendments introduced by the MEPs aim to take into account:
the "Common Understanding" on practical arrangements for the use of delegated acts (Article 290 TFUE) to be formally agreed on by the Council and the Parliament; the "Regulation on implementing powers" (Regulation (EC) No 182/2011 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 power to adopt the delegated acts is conferred on the Commission subject to certain conditions . The delegation of power shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. A delegated act 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. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Withdrawal of recognition: an amendment intends to enable the Commission to urgently withdraw recognition of equivalence from third countries where a serious problem with regard to products labelled as organic is found. The amendment requires that both the standards and the control system must be at fault for the procedure to operate.
Administrative burden : the report stresses that the process of alignment to the Treaty of Lisbon should seek to achieve the aim of simplifying all Union legislation enacted for the sector, with a view to relieving organic farmers of the burden of unnecessary red tape.
PURPOSE: to align the powers conferred under Council Regulation (EC) No 834/2007 upon the Commission with Articles 290 (Delegated acts) and 291 (Implementing acts) of the Treaty on the Functioning of the European Union.
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: there was no need for consultation of interested parties or for an impact analysis since the proposal to align Council Regulation (EC) No 834/2007 with the TFEU is an interinstitutional matter that will concern all Council Regulations. The amendments aiming at simplification of recovery procedures are of limited scope and purely technical nature.
CONTENT: Council Regulation (EC) No 834/2007 on organic production and labelling of organic products confers competence on the Commission to adopt detailed rules for the application of that Regulation.
The aim of this proposal is to align the Commission implementing powers in Council Regulation (EC) No 834/2007 to the differentiation 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).
To this end, the proposal identifies the delegated and implementing powers of the Commission in Council Regulation (EC) No 834/2007 and establishes the corresponding procedure for adoption of these acts.
In addition, an element of clarification in the field of accreditation is introduced.
BUDGETARY IMPLICATION: this proposal has no implication for the EU budget.
Documents
- Commission response to text adopted in plenary: SP(2012)627
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0282/2012
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A7-0215/2011
- Economic and Social Committee: opinion, report: CES0813/2011
- Amendments tabled in committee: PE462.849
- Committee draft report: PE456.953
- Contribution: COM(2010)0759
- Contribution: COM(2010)0759
- Contribution: COM(2010)0759
- Legislative proposal published: COM(2010)0759
- Legislative proposal published: EUR-Lex
- Committee draft report: PE456.953
- Amendments tabled in committee: PE462.849
- Economic and Social Committee: opinion, report: CES0813/2011
- Commission response to text adopted in plenary: SP(2012)627
- Contribution: COM(2010)0759
- Contribution: COM(2010)0759
- Contribution: COM(2010)0759
Amendments | Dossier |
10 |
2010/0364(COD)
2011/04/19
AGRI
10 amendments...
Amendment 14 #
Proposal for a regulation – amending act Recital 4 (4) In order to guarantee a uniform application of Regulation (EC) No 834/2007 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 implementing acts regarding the attribution of code numbers under the control regime, the indication of origin for the products and uniform rules on the exchange of information to be sent by Member States, third countries, control authorities and control bodies or made available by the Commission or the publication of that information, as well as for the recognition of third countries and control authorities and control bodies for the purposes of equivalence and compliance. 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 …]. In the context of preparatory work on the implementing acts, the Commission should continue to make use of advisory groups so that interested parties and NGOs can express themselves on a regular and structured basis.
Amendment 15 #
Proposal for a regulation – amending act Recital 4a (4a) The process of alignment to the Treaty of Lisbon should seek to achieve the aim of simplifying all EU legislation enacted for the sector, with a view to relieving organic farmers of the burden of unnecessary red tape.
Amendment 16 #
Proposal for a regulation – amending act Article 1 – point 2 Regulation (EC) No 834/2007 Article 9 – paragraph 4 4.
Amendment 17 #
Proposal for a regulation – amending act Article 1 – point 16 – point a – subpoint i a (new) Regulation (EC) No 834/2007 Article 24 – paragraph 1 – subparagraph 4 a (new) (ia) The following subparagraph is inserted after the fourth subparagraph: The new organic production logo shall distinguish between EU and non-EU products, in particular by using different colours.
Amendment 18 #
Proposal for a regulation – amending act Article 1 – point 24 - point a – subpoint ii Regulation (EC) No 834/2007 Article 33 – paragraph 2 - subparagraph 6 Amendment 19 #
Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38a – paragraph 1 – introductory part 1. In order to better take account of the expectations of consumers regarding the quality of organic products and to ensure the adequate application of rules by the authorities, bodies and operators concerned and the proper functioning of the single market and trade, the Commission shall, by means of delegated acts, adopt specific rules, measures and conditions necessary for the application of this Regulation,
Amendment 20 #
Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38b – paragraph 1a (new) On duly justified imperative grounds of urgency, relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in Title II, III and IV or whose control measures are no longer of equivalent effectiveness to those laid down in Title V, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g (3).
Amendment 21 #
Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38b – paragraph 1 – introductory part The Commission shall, by means of implementing acts, in accordance with the examination procedure referred to in Article 38g(2), adopt the necessary provisions aiming at reaching a uniform application of this Regulation in the Union, in particular relating to the following:
Amendment 22 #
Proposal for a regulation – amending act Article 1 – point 27 a (new) Regulation (EC) No 834/2007 Article 38b – paragraph 1a (new) On duly justified imperative grounds of urgency, relating to the withdrawal of the recognition of the control authorities and control bodies in cases of irregularities or infringements of the provisions set out in this Regulation or relating to the withdrawal of the recognition of third countries whose system of production no longer complies with principles and production rules equivalent to those laid down in Title II, III and IV and whose control measures are no longer of equivalent effectiveness to those laid down in Title V, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 38g (3).
Amendment 23 #
Proposal for a regulation – amending act Article 1 – point 27 Regulation (EC) No 834/2007 Article 38g – paragraph 1a (new) Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Where no opinion is delivered by the committee, the Commission shall not adopt the implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
source: PE-462.849
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