BETA


2010/0372(COD) Common agricultural policy (CAP): support schemes for farmers, voluntary modulation of direct payments; alignment of the Regulation with the TFEU (Commission delegated and implementing powers)

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead AGRI REIMERS Britta (icon: ALDE ALDE)
Lead committee dossier:
Legal Basis:
TFEU 043-p2

Events

2011/12/08
   Final act published in Official Journal
Details

PURPOSE: to align the powers conferred on the Commission under Regulation (EC) No 378/2007 to Articles 290 (Delegated acts) and 291 (Implementing acts) of the Treaty on the Functioning of the European Union (TFEU) as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy.

LEGISLATIVE ACT: Regulation (EU) No 1231/2011 of the European Parliament and of the Council amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy.

CONTENT: the Council adopted a regulation amending regulation 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the CAP following a first-reading agreement with the European Parliament.

This amended regulation aligns the provisions of regulation 378/2007 on the Lisbon Treaty which makes a distinction between the powers delegated to the Commission. Provided that only two Member States are covered by this regulation, the powers conferred on the Commission are classified as implementing acts covering the adoption of uniform conditions for implementing legally binding UE acts (as laid down in article 291(2) of the Treaty).

The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011, fix the net amounts resulting from the application of voluntary modulation. The implementing powers relating to the adoption of specific provisions for:

the integration of voluntary modulation in the rural development programming and; the financial management of voluntary modulation should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of 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 modulation concerns the compulsory transfer of a proportion of direct payments to farmers made under the CAP from agricultural market support (Pillar 1) to rural development (Pillar 2). The scope of the amended regulation is the "voluntary modulation" which is the system allowing certain Member States to modulate direct payments to farmers at a rate over and above that of the compulsory EU-wide modulation scheme. However, it should be noted that the substance of the regulation stays untouched by the amendment which entails only procedural changes.

ENTRY INTO FORCE: 28/12/2012.

2011/11/16
   CSL - Draft final act
Documents
2011/11/16
   CSL - Final act signed
2011/11/16
   EP - End of procedure in Parliament
2011/11/09
   EC - Commission response to text adopted in plenary
Documents
2011/10/20
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2011/10/20
   CSL - Council Meeting
2011/09/13
   EP - Results of vote in Parliament
2011/09/13
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 641 votes to 21, with 9 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy.

It adopted its position at first reading under the ordinary legislative procedure. The amendment adopted in plenary are the result of a compromise reached between the European Parliament and the Council. They amend the Commission’s proposal as regards the adaptation of the legislation to the provisions of the TFEU as regards the implementing powers.

The amended text stipulates that in order to ensure uniform conditions for the implementation of Regulation (EC) No 378/2007 in the Member States concerned, implementing powers should be conferred on the Commission.

The implementing powers relating to the adoption of specific provisions for the integration of voluntary modulation in the rural development programming and for the financial management of voluntary modulation 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 powers.

The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011 , fix the net amounts resulting from the application of voluntary modulation.

Documents
2011/05/31
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2011/05/31
   EP - Committee report tabled for plenary, 1st reading
Documents
2011/05/25
   EP - Vote in committee, 1st reading
Details

The Committee on Agriculture and Rural Development adopted the report drafted by Britta REIMERS (ADLE, DE) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy.

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

The proposed amendments concern the adaptation of the legislation to the provisions of the TFEU as regards the implementing powers.

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 Regulation (EU) 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 committee proposes an updated version of the legal text, including the wording agreed to by Parliament and Council, related to committee procedures.

2011/04/28
   EP - Amendments tabled in committee
Documents
2011/03/15
   ESC - Economic and Social Committee: opinion, report
Documents
2011/03/04
   EP - Committee draft report
Documents
2011/02/17
   IT_SENATE - Contribution
Documents
2011/02/16
   PT_PARLIAMENT - Contribution
Documents
2011/01/26
   EP - REIMERS Britta (ALDE) appointed as rapporteur in AGRI
2011/01/18
   EP - Committee referral announced in Parliament, 1st reading
2010/12/22
   EC - Legislative proposal published
Details

PURPOSE: to align the powers conferred on the Commission under Regulation (EC) No 378/2007 to Articles 290 and 291 TFEU as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy.

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

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

BACKGROUND : The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts).

In the case of delegated acts, the legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the EU. However, if the application of the legislative act requires uniform conditions for its implementation the Commission is authorised to adopt these acts.

Furthermore, Council Regulation (EC) No 378/2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 confers powers on the Commission in order to implement some of the provisions of that Regulation.

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 378/2007 upon the Commission need to be aligned to Articles 290 and 291 TFEU. The alignment of Regulation (EC) No 378/2007 to the new rules of the Treaty is based on a classification on the basis of the new philosophy of the current Commission implementing powers. The classification has shown that all powers conferred to the Commission by this regulation are to adopt implementing acts.

IMPACT ASSESSMENT: no impact assessment was carried out.

CONTENT : the main provisions of this proposal are as follows:

in order to ensure the efficient implementation of voluntary modulation the Commission is empowered , by means of implementing acts, to fix the net amounts resulting from the application of voluntary modulation. Given the nature of the implementing acts envisaged, the Commission should adopt those acts without the assistance of a committee; for the same reason the Commission is empowered to adopt implementing acts with the assistance of the Rural Development Committee established by Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) to ensure the integration of voluntary modulation in the rural development programming; furthermore, the Commission is empowered to adopt implementing acts with the assistance of the Committee on the Agricultural funds established by Council Regulation (EC) 1290/2005 on the financing of the common agricultural policy, to ensure the financial management of voluntary modulation.

BUDGETARY IMPLICATION: the measure does not involve any additional Union expenditure.

Documents

AmendmentsDossier
4 2010/0372(COD)
2011/04/28 AGRI 4 amendments...
source: PE-462.816

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2011-04-28T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE462.816 title: PE462.816 type: Amendments tabled in committee body: EP
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  • date: 2011-02-18T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2010)0772 title: COM(2010)0772 type: Contribution body: IT_SENATE
  • date: 2011-02-17T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2010)0772 title: COM(2010)0772 type: Contribution body: PT_PARLIAMENT
events
  • date: 2010-12-22T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2010/0772/COM_COM(2010)0772_EN.pdf title: COM(2010)0772 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2010&nu_doc=772 title: EUR-Lex summary: PURPOSE: to align the powers conferred on the Commission under Regulation (EC) No 378/2007 to Articles 290 and 291 TFEU as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy. PROPOSED ACT: Regulation of the European Parliament and of the Council. LEGAL BASE: Article 43(2) of the Treaty on the Functioning of the European Union (TFEU). BACKGROUND : The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the Treaty (delegated acts), and the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the Treaty (implementing acts). In the case of delegated acts, the legislator delegates to the Commission the power to adopt quasi-legislative acts. In the case of implementing acts, the context is very different. Indeed, Member States are primarily responsible for the implementation of legally binding acts of the EU. However, if the application of the legislative act requires uniform conditions for its implementation the Commission is authorised to adopt these acts. Furthermore, Council Regulation (EC) No 378/2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 confers powers on the Commission in order to implement some of the provisions of that Regulation. As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 378/2007 upon the Commission need to be aligned to Articles 290 and 291 TFEU. The alignment of Regulation (EC) No 378/2007 to the new rules of the Treaty is based on a classification on the basis of the new philosophy of the current Commission implementing powers. The classification has shown that all powers conferred to the Commission by this regulation are to adopt implementing acts. IMPACT ASSESSMENT: no impact assessment was carried out. CONTENT : the main provisions of this proposal are as follows: in order to ensure the efficient implementation of voluntary modulation the Commission is empowered , by means of implementing acts, to fix the net amounts resulting from the application of voluntary modulation. Given the nature of the implementing acts envisaged, the Commission should adopt those acts without the assistance of a committee; for the same reason the Commission is empowered to adopt implementing acts with the assistance of the Rural Development Committee established by Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) to ensure the integration of voluntary modulation in the rural development programming; furthermore, the Commission is empowered to adopt implementing acts with the assistance of the Committee on the Agricultural funds established by Council Regulation (EC) 1290/2005 on the financing of the common agricultural policy, to ensure the financial management of voluntary modulation. BUDGETARY IMPLICATION: the measure does not involve any additional Union expenditure.
  • date: 2011-01-18T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2011-05-25T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Agriculture and Rural Development adopted the report drafted by Britta REIMERS (ADLE, DE) on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy. It recommends that the European Parliament’s position adopted at first reading, under the ordinary legislative procedure, should amend the Commission proposal. The proposed amendments concern the adaptation of the legislation to the provisions of the TFEU as regards the implementing powers. 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 Regulation (EU) 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 committee proposes an updated version of the legal text, including the wording agreed to by Parliament and Council, related to committee procedures.
  • date: 2011-05-31T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-203&language=EN title: A7-0203/2011
  • date: 2011-09-13T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=20174&l=en title: Results of vote in Parliament
  • date: 2011-09-13T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-362 title: T7-0362/2011 summary: The European Parliament adopted by 641 votes to 21, with 9 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy. It adopted its position at first reading under the ordinary legislative procedure. The amendment adopted in plenary are the result of a compromise reached between the European Parliament and the Council. They amend the Commission’s proposal as regards the adaptation of the legislation to the provisions of the TFEU as regards the implementing powers. The amended text stipulates that in order to ensure uniform conditions for the implementation of Regulation (EC) No 378/2007 in the Member States concerned, implementing powers should be conferred on the Commission. The implementing powers relating to the adoption of specific provisions for the integration of voluntary modulation in the rural development programming and for the financial management of voluntary modulation 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 powers. The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011 , fix the net amounts resulting from the application of voluntary modulation.
  • date: 2011-10-20T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2011-11-16T00:00:00 type: Final act signed body: CSL
  • date: 2011-11-16T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2011-12-08T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to align the powers conferred on the Commission under Regulation (EC) No 378/2007 to Articles 290 (Delegated acts) and 291 (Implementing acts) of the Treaty on the Functioning of the European Union (TFEU) as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy. LEGISLATIVE ACT: Regulation (EU) No 1231/2011 of the European Parliament and of the Council amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy. CONTENT: the Council adopted a regulation amending regulation 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the CAP following a first-reading agreement with the European Parliament. This amended regulation aligns the provisions of regulation 378/2007 on the Lisbon Treaty which makes a distinction between the powers delegated to the Commission. Provided that only two Member States are covered by this regulation, the powers conferred on the Commission are classified as implementing acts covering the adoption of uniform conditions for implementing legally binding UE acts (as laid down in article 291(2) of the Treaty). The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011, fix the net amounts resulting from the application of voluntary modulation. The implementing powers relating to the adoption of specific provisions for: the integration of voluntary modulation in the rural development programming and; the financial management of voluntary modulation should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of 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 modulation concerns the compulsory transfer of a proportion of direct payments to farmers made under the CAP from agricultural market support (Pillar 1) to rural development (Pillar 2). The scope of the amended regulation is the "voluntary modulation" which is the system allowing certain Member States to modulate direct payments to farmers at a rate over and above that of the compulsory EU-wide modulation scheme. However, it should be noted that the substance of the regulation stays untouched by the amendment which entails only procedural changes. ENTRY INTO FORCE: 28/12/2012. docs: title: Regulation 2011/1231 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011R1231 title: OJ L 326 08.12.2011, p. 0024 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:326:TOC
other
  • body: EC dg: url: http://ec.europa.eu/dgs/regional_policy/index_en.htm title: Regional and Urban Policy commissioner: CIOLOŞ Dacian
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
AGRI/7/04936
New
  • AGRI/7/04936
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011R1231
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011R1231
procedure/instrument
Old
Regulation
New
  • Regulation
  • Amending Regulation (EC) No 378/2007 2006/0083(CNS)
procedure/subject
Old
  • 3.10.14 Support for producers and premiums
New
3.10.14
Support for producers and premiums
procedure/summary
  • Amending Regulation (EC) No 378/2007
procedure/title
Old
Common agricultural policy CAP: support schemes for farmers, voluntary modulation of direct payments; alignment of the Regulation with the TFEU (Commission delegated and implementing powers)
New
Common agricultural policy (CAP): support schemes for farmers, voluntary modulation of direct payments; alignment of the Regulation with the TFEU (Commission delegated and implementing powers)
activities/0/docs/0/celexid
CELEX:52010PC0772:EN
activities/0/commission/0/DG/title
Old
Regional Policy
New
Regional and Urban Policy
activities/0/docs/0/celexid
CELEX:52010PC0772:EN
activities/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2010/0772/COM_COM(2010)0772_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2010/0772/COM_COM(2010)0772_EN.pdf
links/European Commission/title
Old
PreLex
New
EUR-Lex
other/0/dg/title
Old
Regional Policy
New
Regional and Urban Policy
activities
  • date: 2010-12-22T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2010/0772/COM_COM(2010)0772_EN.pdf title: COM(2010)0772 type: Legislative proposal published celexid: CELEX:52010PC0772:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/regional_policy/index_en.htm title: Regional Policy Commissioner: CIOLOŞ Dacian
  • date: 2011-01-18T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: AGRI date: 2011-01-26T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: ALDE name: REIMERS Britta
  • date: 2011-05-25T00:00:00 body: EP committees: body: EP responsible: True committee: AGRI date: 2011-01-26T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: ALDE name: REIMERS Britta type: Vote in committee, 1st reading/single reading
  • date: 2011-05-31T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2011-203&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0203/2011 body: EP committees: body: EP responsible: True committee: AGRI date: 2011-01-26T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: ALDE name: REIMERS Britta type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2011-09-13T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=20174&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2011-362 type: Decision by Parliament, 1st reading/single reading title: T7-0362/2011 body: EP type: Results of vote in Parliament
  • date: 2011-10-20T00:00:00 body: CSL type: Council Meeting council: Agriculture and Fisheries meeting_id: 3120
  • date: 2011-10-20T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2011-11-16T00:00:00 body: CSL type: Final act signed
  • date: 2011-11-16T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2011-12-08T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32011R1231 title: Regulation 2011/1231 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2011:326:TOC title: OJ L 326 08.12.2011, p. 0024
committees
  • body: EP responsible: True committee: AGRI date: 2011-01-26T00:00:00 committee_full: Agriculture and Rural Development rapporteur: group: ALDE name: REIMERS Britta
links
National parliaments
European Commission
other
  • body: EC dg: url: http://ec.europa.eu/dgs/regional_policy/index_en.htm title: Regional Policy commissioner: CIOLOŞ Dacian
procedure
dossier_of_the_committee
AGRI/7/04936
reference
2010/0372(COD)
subtype
Legislation
legal_basis
Treaty on the Functioning of the EU TFEU 043-p2
stage_reached
Procedure completed
summary
Amending Regulation (EC) No 378/2007
instrument
Regulation
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
Common agricultural policy CAP: support schemes for farmers, voluntary modulation of direct payments; alignment of the Regulation with the TFEU (Commission delegated and implementing powers)
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject
3.10.14 Support for producers and premiums