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Document 52012AP0281
Financing of the common agricultural policy ***I European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008 (COM(2010)0745 – C7-0429/2010 – 2010/0365(COD))#P7_TC1-COD(2010)0365 Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008
Financing of the common agricultural policy ***I European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008 (COM(2010)0745 – C7-0429/2010 – 2010/0365(COD))
P7_TC1-COD(2010)0365 Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008
Financing of the common agricultural policy ***I European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008 (COM(2010)0745 – C7-0429/2010 – 2010/0365(COD))
P7_TC1-COD(2010)0365 Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008
OJ C 349E, 29.11.2013, p. 519–532
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
29.11.2013 |
EN |
Official Journal of the European Union |
CE 349/519 |
Wednesday 4 July 2012
Financing of the common agricultural policy ***I
P7_TA(2012)0281
European Parliament legislative resolution of 4 July 2012 on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008 (COM(2010)0745 – C7-0429/2010 – 2010/0365(COD))
2013/C 349 E/26
(Ordinary legislative procedure: first reading)
The European Parliament,
— |
having regard to the Commission proposal to Parliament and the Council (COM(2010)0745), |
— |
having regard to Article 294(2) and Article 42 and Article 43(2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0429/2010), |
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having regard to Article 294(3) of the Treaty on the Functioning of the European Union, |
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having regard to the reasoned opinion submitted within the framework of Protocol (No 2) on the application of the principles of subsidiarity and proportionality by the Polish Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity, |
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having regard to the other contributions submitted by the Italian Senate, the Portuguese Parliament and the Romanian Chamber of Deputies with regard to the draft legislative act, |
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having regard to the opinion of the European Economic and Social Committee of 4 May 2011 (1) |
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having regard to Rule 55 of its Rules of Procedure, |
— |
having regard to the report of the Committee on Agriculture and Rural Development (A7-0209/2011), |
1. |
Adopts its position at first reading hereinafter set out; |
2. |
Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text; |
3. |
Instructs its President to forward its position to the Council, the Commission and the national parliaments. |
(1) OJ C 218, 23.7.2011, p. 124.
Wednesday 4 July 2012
P7_TC1-COD(2010)0365
Position of the European Parliament adopted at first reading on 4 July 2012 with a view to the adoption of Regulation (EU) No …/2012 of the European Parliament and of the Council amending Council Regulation (EC) No 1290/2005 on the financing of the common agricultural policy and repealing Council Regulation (EC) No 165/94 and Council Regulation (EC) No 78/2008
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Council Regulation (EC) No 1290/2005 (3) confers competence on the Commission to adopt detailed rules for the application of that Regulation. |
(2) |
As a consequence of the entry into force of the Lisbon Treaty, the powers conferred under Regulation (EC) No 1290/2005 upon the Commission need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU). |
(3) |
The Commission should have the power to adopt delegated acts in accordance with Article 290 of the Treaty in order to supplement or amend certain non-essential elements of Regulation (EC) No 1290/2005. The elements for which that power may be exercised and the conditions to which that delegation must be subject should be defined. In order to ensure the proper functioning of the regime established by Regulation (EC) No 1290/2005, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing or amending certain of its non-essential elements. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and Council. [Am. 1] |
(4) |
In order to guarantee a ensure uniform application conditions for the implementation of Regulation (EC) No 1290/2005 in all Member States, the Commission should be empowered to adopt implementing acts in accordance with Article 291 of the Treaty. The Commission should adopt those implementing acts in accordance with the provisions of Regulation (EU) No xxx/xxx of the European Parliament and the Council on… (4) , implementing powers should be conferred on the Commission. Those powers 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 (4). [Am. 2] |
(5) |
Some of the provisions on the financing of the common agricultural policy adopted previously by the Commission relating to the competences conferred by Regulation (EC) No 1290/2005 should be included in that Regulation. These provisions concern the rules on the assignment of certain sums and amounts which constitute revenue payable to the budget of the Union provided for in the accounts kept in accordance with Commission Regulation (EC) No 883/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the keeping of accounts by paying agencies, declarations of expenditure and revenue and the conditions for reimbursing expenditure under the EAGF and the EAFRD (5). |
(6) |
In the light of the experience gained with the application of the rules on expenditure financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD), some of the provisions relating to the financing of the actions provided for by Council Regulation (EC) No 165/94 of 24 January 1994 concerning the co-financing by the Community of remote-sensing checks (6) and by Council Regulation (EC) No 78/2008 of 21 January 2008 on the measures to be undertaken by the Commission in 2008–2013 making use of the remote-sensing applications developed within the framework of the common agricultural policy (7) should be incorporated into Regulation (EC) No 1290/2005. Consequently, Regulation (EC) No 165/94 and Regulation (EC) No 78/2008 should be repealed. However, the article on the report to be submitted by the Commission should continue to apply. |
(7) |
The purpose of the actions undertaken by the Commission via the remote-sensing application and the acquisition and improvement of satellite images by the Commission is to provide the means to manage and monitor agricultural markets. In order to comply with this objective, the Commission should have the power to adopt implementing acts relating to acquisition conditions and procedures and the provision to Member States of the results of remote-sensing actions. |
(8) |
In order to ensure uniform operation of the coordinating bodies of the Member States, referred to in Article 6 of Regulation (EC) No 1290/2005, the Commission should have the power to adopt implementing acts relating to the operating rules of these bodies and the communication of information to the Commission in particular. |
(9) |
To enable the Commission to validate the financing plan for each rural development programme and to provide for any changes to it, the Commission should have the power to adopt implementing acts in connection with the conditions applying to the content and amendment of the financing plan. |
(10) |
Notifications of information by the Member States to the Commission must enable it to use the information sent directly and as effectively as possible for the management of EAGF and EAFRD accounts and the relevant payments, as well as for conducting the account clearance procedure and the conformity clearance procedure. The Commission should have the power to adopt implementing acts relating to the declaration of expenditure, annual accounts, statement of assurance, declaration on public storage, information systems for the exchange of information and documents, as well as the rules on their conservation. |
(11) |
The obligation relating to the keeping of accounts by paying agencies takes the form of detailed data required for the management of the funds and their supervision. To enable Member States and paying agencies to comply with this obligation by following harmonised rules, the Commission should have the power to adopt implementing acts relating to the accounting framework for intervention measures in the form of public storage operations referred to in Commission Regulation (EC) No 884/2006 of 21 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 1290/2005 as regards the financing by the European Agricultural Guarantee Fund (EAGF) of intervention measures in the form of public storage and the accounting of public storage operations by the paying agencies of the Member States (8), as well as other expenditure financed by the EAGF and the EAFRD referred to in Regulation (EC) No 883/2006. |
(12) |
To guarantee the sound management of financial flows, particularly since Member States provide funds to cover the expenditure required, the Commission should have the power to adopt implementing acts relating to the making available of funds to the Member States, taking account of the specific management models applying to the EAGF and the EAFRD. |
(13) |
On the occasion of this amendment to Regulation (EC) No 1290/2005, the objective of which is to align that Regulation with the procedures provided for under the Treaty of Lisbon, some provisions in some language versions should be updated in order to incorporate the terminology used in the Treaty. |
(14) |
Regulation (EC) No 1290/2005 should therefore be amended accordingly, |
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1290/2005 is amended as follows:
(1) |
Article 3 is amended as follows:
|
(2) |
In Article 5, the following point is inserted:
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(3) |
Article 6 is amended as follows:
|
(4) |
Article 7 is amended as follows:
|
(5) |
In Article 9 the following paragraph is inserted: "4. In order to ensure correct and efficient application of the controls provided for in this article, the Commission may define by delegated act specific obligations to be complied with by the Member States.". |
(6) |
Article 15 is amended as follows:
|
(7) |
Article 16 is amended as follows:
|
(8) |
Not applicable to the English version. |
(9) |
Not applicable to the English version. |
(10) |
Article 18(4) is replaced by the following text: "4. If by 30 June in any year the Council has not set the adjustments referred to in Article 11(1) of Council Regulation (EC) No 73/2009 (9) have not been set , the Commission shall set those adjustments by implementing act and shall inform the European Parliament and the Council of them immediately. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 42d(3) (advisory procedure) of this Regulation and shall inform the Council of them immediately. [Am. 3] |
(11) |
Article 19 is amended as follows:
|
(12) |
Article 21 is amended as follows:
|
(13) |
In Title II, the following Article is added: "Article 21a Measures linked to remote sensing 1. The purpose of the measures funded pursuant to Article 3(2)(ea) is to ensure agri-economic monitoring of agricultural land and of the condition of crops, to enable estimates to be made, in particular as regards yields and agricultural production, to promote access to the estimates, and to ensure technological follow-up of the agri-meteorological system. The actions primarily involve the collection or purchase of data needed to implement and monitor the common agricultural policy, including satellite data and meteorological data, creation of a spatial data infrastructure and a website, carrying out specific studies on climatic conditions and updating agri-meteorological and econometric models. 2. The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) rules relating to the financing referred to in Article 3(2)(ea) and in Article 5(aa), the conditions under which remote-sensing measures shall be carried out in order to meet the objectives assigned, the conditions governing the acquisition, enhancing and utilisation of satellite images and meteorological data, and the deadlines applicable.". |
(14) |
In Chapter 1 of Title III, the following Article is inserted: "Article 23a Implementing powers The Commission shall lay down by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) of this Regulation the conditions relating to the content, presentation and amendment of the financing plan as provided for under Article 16 of Council Regulation (EC) No 1698/2005 (10). |
(15) |
Not applicable to the English version. |
(16) |
Not applicable to the English version. |
(16a) |
In Article 29, the following paragraph is inserted: "1a. For Member States which have opted to organise their rural development programmes on a regional basis, the calculation of the amount to be automatically decommitted may be made at the level of the Member State.". [Am. 6] |
(17) |
Article 30 is replaced by the following text: "Article 30 Clearance of accounts 1. Prior to 30 April of the year following the budget year in question, the Commission shall adopt an implementing decision in accordance with the procedure referred to in Article 42d(3) (advisory procedure) concerning the clearance of the accounts of the accredited paying agencies, on the basis of the information transmitted in accordance with Article 8(1)(c)(iii). 2 The clearance decision referred to in paragraph 1 shall cover the completeness, accuracy and veracity of the annual accounts submitted. The decision shall be adopted without prejudice to decisions taken subsequently under Article 31." |
(18) |
Article 31 is amended as follows:
|
(19) |
In Chapter 1 of Title IV, the following Article is inserted: "Article 31a Delegated powers In order to ensure the smooth running of the account clearance procedure and of the conformity clearance procedure, the Commission shall adopt by delegated act in accordance with to the procedure referred to in Article 42a rules regarding the measures to be taken in connection with the adoption of the decisions referred to under Articles 30 and 31 and their implementation, as well as the rules regarding the conciliation procedure referred to in Article 31(3), second subparagraph, including the establishment, tasks and composition of a conciliation body and its working arrangements.". |
(20) |
Article 32 is amended as follows:
|
(21) |
Article 33 is amended as follows:
|
(22) |
Article 34 is amended as follows:
|
(23) |
In Chapter 2 of Title IV, the following Article is inserted: "Article 35a Delegated powers 1. In order to ensure correct and efficient application of the provisions relating to recovery set out in Articles 32 and 33, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a specific obligations to be complied with by the Member States. 2. In order to take account of revenue collected by paying agencies for the Union's budget when making payments on the basis of the expenditure declarations submitted by Member States, the Commission shall define by delegated act in accordance with the procedure referred to under Article 42a the conditions under which certain types of expenditure and revenue under the EAGF and the EAFRD are to be offset.". |
(24) |
In Chapter 3 of Title IV, the following Article is inserted: "Article 37a Delegated powers To ensure the efficiency of the tasks entrusted to the Commission under Articles 36 and 37, the Commission may define by delegated act in accordance with the procedure referred to under Article 42a rules regarding the cooperation obligations to be complied with by the Member States.". |
(25) |
The following Articles are inserted: "Article 40a Delegated powers 1. With a view to ensuring the proper management of the appropriations entered in the budget of the Union for the EAGF and the EAFRD, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:
2. In order to ensure the funding by the EAGF of expenditure relating to intervention measures in the form of public storage, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:
3. In order to verify the consistency of the data notified by the Member States in relation to the expenditure or other information provided for in this Regulation, and to ensure compliance with the obligation to notify pursuant to Article 8, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a the conditions governing the reduction and suspension of payment to Member States, with regard to expenditure under the EAGF and the EAFRD respectively. 4. If the Union's budget has not been adopted by the beginning of the financial year or if the total amount of the commitments scheduled exceeds the threshold laid down in Article 150(3) of Regulation (EC, Euratom) No 1605/2002, in order to enable the equitable distribution of the appropriations available between the Member States, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a arrangements for the payment of the amounts. 5. To avoid the application, by the Member States which do not form part of the euro zone, of different exchange rates in accounts of revenue received or aid paid to beneficiaries in a currency other than the euro, on the one hand, and in the establishment of the declaration of expenditure drawn up by the paying agency, on the other, the Commission may adopt by delegated act in accordance with the procedure referred to in Article 42a rules on the exchange rate applicable when declarations of expenditure are drawn up and public storage operations recorded in the accounts of the paying agency. 6. In order to ensure transparent use of the EAGF and the EAFRD and uniform publication by the Member States in accordance with Article 44a, the Commission shall adopt by delegated act in accordance with the procedure referred to in Article 42a rules pertaining to:
Article 40b Implementing powers 1. The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(2) (examination procedure) rules pertaining to:
2. The Commission may adopt by implementing act in accordance with the procedure referred to in Article 42d(3) (advisory procedure) the terms and conditions applicable to appropriations carried over in accordance with Article 149(3) of Regulation (EC, Euratom) No 1605/2002 in order to finance the expenditure referred to under Article 3(1)(c) of this Regulation.". |
(26) |
Articles 41 and 42 are deleted. |
(27) |
The following Articles 42a, 42b, 42c and 42d are inserted: "Article 42a Exercise of the delegation 1. The powers power to adopt the delegated acts referred to in this Regulation shall be is conferred on the Commission for an indeterminate period of time subject to the conditions laid down in this Article . 2. As soon as it adopts a delegated act, the Commission shall simultaneously notify the European Parliament and the Council that it has done so. 3. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in Articles 42b and 42c. The delegation of power referred to in Articles 6(5), 6(6), 7(2), 9(4), 16(2), 31(a), 35a(1), 35a(2), in Article 37a and in Article 40a(1-6) of this Regulation shall be conferred on the Commission for a period of five years from … (11). The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of this five years period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3a. The delegation of power may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 3b. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 3c. A delegated act adopted pursuant to this Regulation 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 or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council. [Am. 7] Article 42b Revocation of the delegation 1. The delegation of power referred to in Article 42a may be revoked at any time by the European Parliament or by the Council. 2. The institution which has initiated an internal procedure for deciding whether to revoke the delegation of power shall endeavour to inform the other institution and the Commission within a reasonable period of time before taking a final decision, indicating the delegated powers which could be subject to revocation and possible reasons for such revocation. 3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union . [Am. 8] Article 42c Objections to delegated acts 1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by one month. 2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein. The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections. 3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act. [Am. 9] Article 42d Implementing acts - committee Committee procedure 1. The Commission shall be assisted by the Committee on the Agricultural Funds. That committee shall be a committee within the meaning of 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 (12). 2. When implementing acts are adopted pursuant Where reference is made to this paragraph, Article [5] of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council) No 182/2011 shall apply.(examination procedure) 3. When implementing acts are adopted pursuant Where reference is made to this paragraph, Article 4 of Regulation (EU) No [xxxx/yyyy] (to be completed following the adoption of the regulation on control mechanisms, as referred to in Article 291(3) of the TFEU, currently the subject of discussion by the European Parliament and the Council) No 182/2011 shall apply.(advisory procedure).' [Am. 10] |
Article 2
Regulations (EC) No 165/94 and (EC) No 78/2008 are hereby repealed.
However, Article 4 of Regulation (EC) No 78/2008 shall continue to apply until 31 December 2013.
Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,
For the European Parliament
The President
For the Council
The President
(1) OJ C 218, 23.7.2011, p. 124.
(2) Position of the European Parliament of 4 July 2012.
(3) OJ L 209, 11.8.2005, p. 1.
(4) OJ L […], […], p.[…]. OJ L 55, 28.2.2011, p. 13.
(5) OJ L 171, 23.6.2006, p. 1.
(8) OJ L 171, 23.6.2006, p. 35.
(9) OJ L 30, 31.1.2009, p. 16.".
(10) OJ L 277, 21.10.2005, p. 1.".
+ |
Date of entry into force of this Regulation. |