Regulation 2008/637 - Amendment of Regulation (EC) No 1782/2003 and establishing national restructuring programmes for the cotton sector - Main contents
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official title
Council Regulation (EC) No 637/2008 of 23 June 2008 amending Regulation (EC) No 1782/2003 and establishing national restructuring programmes for the cotton sector| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2008/637 |
| Original proposal | COM(2008)168  |
| CELEX number i | 32008R0637 |
| Document | 23-06-2008 |
|---|---|
| Publication in Official Journal | 05-07-2008; Special edition in Croatian: Chapter 03 Volume 021,OJ L 178, 5.7.2008 |
| Effect | 12-07-2008; Entry into force Date pub. +7 See Art 10 01-01-2009; Application See Art 10 |
| End of validity | 31-12-2013; Repealed by 32013R1307 |
5.7.2008 |
EN |
Official Journal of the European Union |
L 178/1 |
COUNCIL REGULATION (EC) No 637/2008
of 23 June 2008
amending Regulation (EC) No 1782/2003 and establishing national restructuring programmes for the cotton sector
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular the third subparagraph of Article 37(2) thereof,
Having regard to the Act of Accession of 1979, and in particular paragraph 6 of Protocol 4 on cotton (1) annexed thereto, hereinafter ‘Protocol 4’,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament (2),
Having regard to the Opinion of the European Economic and Social Committee (3),
Whereas:
(1) |
Chapter 10a of Title IV of Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers (4) as inserted by Article 1(20) of Council Regulation (EC) No 864/2004 (5) sets out rules for the specific crop payment for cotton. |
(2) |
By judgment of the Court of Justice of the European Communities of 7 September 2006 in case C-310/04 (6) Chapter 10a of Title IV of Regulation (EC) No 1782/2003 was annulled for breach of the principle of proportionality, in particular with reference to the circumstance that ‘the Council, the author of Regulation (EC) No 864/2004, [had] not shown before the Court that in adopting the new cotton support scheme established by that Regulation it actually exercised its discretion, involving the taking into consideration of all the relevant factors and circumstances of the case, including all the labour costs linked to cotton growing and the viability of the ginning undertakings, which it was necessary to take into account for assessing the profitability of that crop’ and that the Court had not been enabled ‘to ascertain whether the Community legislature [had been] able, without exceeding the bounds of the broad discretion it enjoys in the matter, to reach the conclusion that fixing the amount of the specific aid for cotton at 35 % of the total existing aid under the previous support scheme would suffice to guarantee the objective set out in recital 5 in the preamble to Regulation (EC) No 864/2004, namely to ensure the profitability and hence the continuation of that crop, an objective reflecting that laid down in paragraph 2 of Protocol 4’. The Court also ordered that the effects of the annulment be suspended until the adoption, within a reasonable time, of a new Regulation. |
(3) |
A new scheme of specific payment for cotton needs to be adopted in conformity with the Court’s judgement in case C-310/04. |
(4) |
All the relevant factors and circumstances pertaining to the specific situation of the cotton sector, including all the elements necessary to assess the profitability of that crop, should be taken into consideration. To this end, an evaluation and consultation process was launched: two studies were carried out on the socioeconomic and on the environmental impact on the cotton sector in the Community of the future cotton support scheme and specific seminars and an Internet consultation were organised with stakeholders. |
(5) |
The new scheme should meet the objectives set out in paragraph 2 of Protocol 4: to support the production of cotton in regions of the Community where it is important for the agricultural economy, to permit the producers concerned to earn a fair income, and to stabilise the market by structural improvements at the level of supply and marketing. |
(6) |
The scheme should also be consonant with a policy of income support for farmers, which is the main guiding principle of the reformed common agricultural policy... |
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