Explanatory Memorandum to COM(2010)767 - Specific measures in favour of agriculture in the smaller Aegean islands - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2010)767 - Specific measures in favour of agriculture in the smaller Aegean islands. |
|---|---|
| source | COM(2010)767  |
| date | 17-12-2010 |
The Treaty on the Functioning of the European Union (TFEU) makes a clear distinction between, on the one hand, the powers delegated to the Commission to adopt non-legislative acts (delegated acts) of general application in order to supplement or amend certain non-essential elements of a legislative act, as set out in Article 290, and, on the other, those conferred upon the Commission to adopt implementing acts as referred to in Article 291.
In the case of delegated acts, the Legislator delegates to the Commission the power to adopt quasi-legislative measures. In the case of implementing acts, the context is very different. The Member States are the primary parties responsible for implementing legally binding acts of the European Union. However, if the implementation of that legislative act necessitates uniform conditions of implementation, the Commission is responsible for adopting these.
The harmonisation of Regulation (EC) No 1405/2006 with the new rules contained in the Treaty is based on classifying into delegated powers and implementing powers of the provisions adopted by the Commission pursuant to that Regulation (Regulation (EC) No 1914/2006 laying down certain detailed rules for applying Council Regulation (EC) No 1405/2006).
Following this exercise, a draft proposal recasting Regulation (EC) No 1405/2006 has been drafted. Under this draft, the Legislator reserves the right to issue decisions concerning the essential elements of a specific scheme for certain agricultural products in the smaller Aegean islands, in order to remedy the difficulties caused by their isolation, remoteness, insularity, small size, mountainous terrain and climate and their economic dependency on a small number of products.
The general guidelines for this scheme and the general principles which underpin it are determined by the Legislator. As such, the objectives of the measures introduced by this specific scheme and the principles regarding programming, compatibility and consistency with other EU policies are defined by the Legislator. The Legislator also establishes the principles for a certification scheme and the application of penalties, reductions and exclusions.
In accordance with Article 290 of the Treaty on the Functioning of the European Union, the Legislator entrusts the Commission with the task of supplementing or amending certain non-essential elements. A Commission delegated act may therefore set out additional elements which are necessary for the smooth running of the scheme defined by the Legislator. The Commission therefore adopts, by means of a delegated act, the conditions for operators being registered in the register of certificates and can, if necessary (given the economic situation), require the lodging of a security for the issuing of certificates (Article 11(2)). The Legislator can also delegate to the Commission the power to adopt measures relating to the establishment of the procedure for approving amendments to the programme (Article 6(3)), conditions for processing (Article 13(3)), the conditions on establishing aid amounts (Articles 15 i and 18(4)), and penalties (Article 14(2)).
The Member States, in accordance with Article 291 of the Treaty on the Functioning of the European Union, are responsible for implementing the scheme defined by the Legislator. However, it would appear that it is necessary to ensure that Greece applies the programme in a uniform manner to smaller Aegean islands in relation to other similar arrangements in order to avoid unfair competition or discrimination between operators. The Legislator therefore grants the Commission the power to implement, in accordance with Article 291 i of the Treaty, specifically with regard to the uniform conditions relating to the introduction of the system of certificates and the commitment of operators concerning the specific supply arrangements (Article 11(3)), the uniform conditions for implementing the programme (Articles 6 i, 15 i, and 18(3)), and a general framework of checks which Greece must perform (Articles 7,12 i and 14(1)).
SUBSTANTIVE AMENDMENTS
In view of the fact that since it was adopted on 18 September 2006, Council Regulation (EC) No 1405/2006 laying down specific measures for agriculture in favour of the smaller Aegean islands has been the subject of several amendments, it is proposed that it be recast in the interests of clarity.
Furthermore, changes in Community legislation and the practical implementation of this Regulation that have occurred since it was adopted also make it necessary to amend certain of its provisions and to restructure the legislative text so that it reflects more effectively the reality of this scheme.
This new regulation is more explicit in setting out the scheme’s main objectives, the implementation of which the specific measures for agriculture in the smaller Aegean islands should contribute to (Article 2).
Its new structure highlights the central role played by the support programme, which has now been defined for the smaller Aegean islands at the most appropriate level and coordinated by Greece. This programme relates to the two fundamental elements of the specific supply arrangement and of the specific measures to assist local production (Article 3).
Other minor amendments have been made to the wording of the Regulation, in particular:
1. The procedure for submitting the programme and amendments for approval to the Commission has been specified to make it more consistent with current practice and in view of the need for greater flexibility and efficiency as regards the process of adapting the programme to meet the actual needs of agriculture and the supply of products essential for the smaller Aegean islands (Article 6).
2. In Article 10, it has been specified that the specific supply arrangements should be designed in accordance with local agricultural production, the development of which should not be limited by aid for supply which is too excessive for products which are also produced locally. This provision is considered to be necessary to make it compulsory for the two instruments of the scheme to be compatible with each other.
3. In the interests of sound budgetary management, Greece must indicate in its programme the list of aid constituting direct payments (Article 15(2)(d)).
4. It is also helpful to indicate how the aid amounts for measures to assist local agricultural products are defined, which was previously not indicated in the basic act (Article 15(2)(e)).
5. The ceiling for financing for the specific supply arrangements has increased by 20% (Article 18(3)), in the light of the information provided by the Court of Auditors concerning the insufficiency of these funds.
6. Finally, the date for presenting the annual report on the implementation of the measures under the support programme during the previous year was postponed for a month in order to provide the Greek authorities with the opportunity of taking account in the report of the final statement of expenditure for the measures to assist local agricultural production.
The Regulation does not affect the sources of financing or the intensity of Community support.