Legal provisions of COM(2010)767 - Specific measures in favour of agriculture in the smaller Aegean islands - Main contents
Please note
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. |
---|---|
document | COM(2010)767 |
date | March 13, 2013 |
Contents
- CHAPTER I - SUBJECT MATTER AND OBJECTIVES
- Article 1 - Subject matter
- Article 2 - Objectives
- CHAPTER II - SUPPORT PROGRAMME
- Article 3 - Establishing the support programme
- Article 4 - Compatibility and consistency
- Article 5 - Content of the support programme
- Article 6 - Approval and amendments of the programme
- Article 7 - Monitoring and follow-up
- CHAPTER III - SPECIFIC SUPPLY ARRANGEMENTS
- Article 8 - Forecast supply balance
- Article 9 - Operation of the specific supply arrangements
- Article 10 - Implementation
- Article 11 - Certificates
- Article 12 - Impact of advantage
- Article 13 - Export to third countries and dispatch to the rest of the Union
- Article 14 - Controls and penalties
- CHAPTER IV - MEASURES TO ASSIST LOCAL AGRICULTURAL PRODUCTS
- Article 15 - Measures
- Article 16 - Controls and wrongful payments
- CHAPTER V - ACCOMPANYING MEASURES
- Article 17 - State aid
- CHAPTER VI - FINANCIAL PROVISIONS
- Article 18 - Financial resources
- CHAPTER VII - GENERAL AND FINAL PROVISIONS
- Article 19 - National measures
- Article 20 - Communications and reports
- Article 21 - Exercise of the delegation
- Article 22 - Committee procedure
- Article 23 - Repeal
- Article 24 - Entry into force
CHAPTER I - SUBJECT MATTER AND OBJECTIVES
Article 1 - Subject matter
2. For the purposes of this Regulation ‘the smaller islands’ means any islands in the Aegean Sea except the islands of Crete and Evia.
Article 2 - Objectives
(a) | guaranteed supply to the smaller islands of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs incurred due to their insularity, small size and distance from markets; |
(b) | the preservation and development of agricultural activities in the smaller islands, including the production, processing, marketing and transport of local raw and processed products. |
2. The objectives set out in paragraph 1 shall be implemented by means of the measures referred to in Chapters III, IV and V.
CHAPTER II - SUPPORT PROGRAMME
Article 3 - Establishing the support programme
(a) | specific supply arrangements as provided for in Chapter III; and |
(b) | specific measures to assist local agricultural production as provided for in Chapter IV. |
2. The support programme shall be established at the geographical level which Greece deems to be the most appropriate. It shall be prepared by the competent local and regional authorities designated by Greece, which shall submit it to the Commission for approval in accordance with Article 6 after the competent authorities and organisations at the appropriate regional level have been consulted.
Article 4 - Compatibility and consistency
2. Consistency of the measures taken under the support programme with measures implemented under other instruments of the common agricultural policy, and in particular the common organisations of markets, rural development, product quality, animal welfare and the protection of the environment, shall be ensured.
In particular, no measure under this Regulation shall be financed as:
(a) | additional support for premium or aid schemes under a common organisation of the market, save in exceptional cases, justified by objective criteria; |
(b) | support for research projects, measures to support research projects or measures eligible for Union financing under Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (6); |
(c) | support for measures within the scope of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (7). |
Article 5 - Content of the support programme
(a) | a schedule for the implementation of the measures and a general annual indicative financing table showing the resources to be deployed; |
(b) | proof of the compatibility and consistency between the various measures under the programme and with the criteria and quantitative indicators to be used for monitoring and evaluation; |
(c) | the steps taken to ensure that the programme is implemented effectively and appropriately, including the arrangements for publicity, monitoring and evaluation, and a specified set of quantified indicators for use in programme evaluation; |
(d) | the designation of the competent authorities and bodies responsible for implementing the programme and the designation at the appropriate levels of authorities or associated bodies and socio-economic partners, and the results of consultations held. |
Article 6 - Approval and amendments of the programme
The programme comprises a forecast supply balance indicating the products, the quantities thereof and the amount of aid for supply from the Union together with a draft programme of support for local production.
2. Depending on the annual evaluation of the implementation of measures included in the support programme, Greece may submit to the Commission duly substantiated proposals for amendments to those measures within the context of the financial allocation referred to in Article 18(2) and (3), to bring them more into line with the requirements of the smaller islands and the strategy proposed. The Commission shall adopt implementing acts laying down the procedures for assessing whether the amendments proposed comply with Union law and for deciding whether to approve them. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
3. The procedures laid down by the implementing acts referred to in paragraph 2 may take account of the following elements: the importance of the modifications proposed by Greece with reference to the introduction of new measures, whether the changes to the budget allocated to the measures are substantial, changes in the quantities and in the level of aid for products in the forecast supply balances and any amendments to codes and descriptions laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (8).
4. The implementing acts referred to in paragraph 2 shall also determine, for each procedure, the frequency with which requests for amendments are to be made, as well as the time frames within which the approved amendments are to be implemented.
Article 7 - Monitoring and follow-up
The Commission shall also adopt implementing acts regarding the procedures and physical and financial indicators in order to ensure that the implementation of the programmes is monitored in an effective manner.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
CHAPTER III - SPECIFIC SUPPLY ARRANGEMENTS
Article 8 - Forecast supply balance
2. Greece shall establish, at the geographical level which it deems most appropriate, a forecast supply balance so as to quantify the annual supply requirements for the smaller islands with regard to the agricultural products.
A separate forecast balance may be drawn up for the requirements of undertakings packaging and processing products intended for the local market, for consignment to the rest of the Union or for export to third countries as part of regional trade, in accordance with Article 13(2) and (3), or within the context of traditional trade flows.
Article 9 - Operation of the specific supply arrangements
The amount of the aid shall be determined for each product concerned, taking account of the additional costs of marketing products in the smaller islands, calculated from the usual ports of shipment in mainland Greece, and from the ports of islands of transit or of loading for the islands of final destination. In the case of agricultural inputs and products intended for processing, such aid should take account of the additional costs associated with insularity, small size and distance from markets.
2. The specific supply arrangements shall only apply to products of sound, fair and marketable quality.
Article 10 - Implementation
(a) | the specific needs of the smaller islands and the precise quality requirements; |
(b) | traditional trade flows with ports in mainland Greece and between the islands in the Aegean Sea; |
(c) | the economic aspect of the proposed aid; |
(d) | where applicable, the need not to obstruct the development of local products. |
Article 11 - Certificates
Certificates shall be issued only to operators entered in a register held by the competent authorities.
Those certificates shall not be transferable.
2. No security shall be required when applying for a certificate. However, to the extent necessary to ensure the proper application of this Regulation, the competent authority may require a security to be lodged equal to the amount of the advantage as referred to in Article 12. In such cases, Article 34(1), (4), (5), (6), (7) and (8) of Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (9) shall apply.
The Commission shall be empowered to adopt delegated acts, in accordance with Article 21, determining the conditions for recording operators in the register and providing for the full exercise by operators of their rights to participate in the specific supply arrangements.
3. The Commission shall adopt implementing acts concerning the measures necessary to ensure the uniform application by Greece of this Article, specifically relating to the introduction of the system of certificates, and the commitment undertaken by operators at the time of registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
Article 12 - Impact of advantage
The advantage referred to in the first subparagraph shall be equal to the amount of the aid.
2. In order to ensure that paragraph 1 is applied in a uniform manner, the Commission shall adopt implementing acts regarding the application of the rules set out in paragraph 1 and more specifically regarding the conditions for the monitoring, by the Member State, that the advantage has in fact been passed on up to the end-user. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
Article 13 - Export to third countries and dispatch to the rest of the Union
Those requirements shall include in particular reimbursement of the aid received under the specific supply arrangements.
Exports to third countries of products covered by the specific supply arrangements shall not be subject to the presentation of a certificate.
2. The first subparagraph of paragraph 1 shall not apply to products processed in the smaller islands from products that have benefited from the specific supply arrangements which are:
(a) | exported to third countries or dispatched to the rest of the Union within the limits of traditional exports and traditional dispatches; |
(b) | exported to third countries as part of regional trade in accordance with the destinations and detailed provisions to be determined by the Commission; |
(c) | dispatched between the smaller islands. |
Exports to third countries of products referred to in points (a) and (b) of the first subparagraph shall not be subject to the presentation of a certificate.
No export refund shall be granted on the export of products referred to in points (a) and (b) of the first subparagraph.
The Commission shall adopt implementing acts establishing the limits of the quantities of products referred to in point (a) and the detailed provisions referred to in point (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
3. Processing operations which may give rise to traditional trade exports or traditional dispatches shall fulfil, mutatis mutandis, the processing conditions applicable under customs control provided for in the relevant Union legislation, with the exception of all usual forms of handling.
Article 14 - Controls and penalties
The Commission shall adopt implementing acts concerning the minimum characteristics of the checks to be carried out by Greece. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
2. Except in cases of force majeure or exceptional climatic conditions, if an operator, as referred to in Article 11, fails to comply with the commitments made in accordance with that Article, the competent authority, without prejudice to any penalties applicable under national law, shall:
(a) | recover the advantage granted to the operator; |
(b) | temporarily suspend or revoke the operator's registration, depending on the seriousness of the non-compliance. |
3. Except in cases of force majeure or exceptional climatic conditions, where operators, as referred to in Article 11, do not carry out the planned entry, their entitlement to apply for certificates shall be suspended by the competent authority for a period of 60 days following expiry of that certificate. After the suspension period, the issue of subsequent certificates shall be subject to the lodging of a security equal to the amount of the advantage to be granted during a period to be determined by the competent authority.
The competent authority shall adopt the measures required to reutilise any quantities of products made available as a result of non-execution, partial execution or cancellation of the certificates issued or recovery of the advantage.
CHAPTER IV - MEASURES TO ASSIST LOCAL AGRICULTURAL PRODUCTS
Article 15 - Measures
2. The part of the programme which includes measures to assist local agricultural production shall comprise at least the following elements:
(a) | a quantified description of the current agricultural production situation, taking into account the results of available evaluations, showing disparities, gaps and potential for development and the financial resources deployed; |
(b) | a description of the strategy proposed, the priorities selected, its quantified general and operational objectives, and an appraisal showing the expected economic, environmental and social impact, including employment effects; |
(c) | a description of the measures envisaged, and in particular aid schemes for implementing them, and, where appropriate, information on the need for any studies, demonstration projects, training or technical assistance operations relating to the preparation, implementation or adaptation of the measures concerned; |
(d) | a list of the aid constituting direct payments in accordance with Article 2(d) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (10); |
(e) | the aid amount established for each measure and the provisional amount for each action in order to achieve one or more objectives for the programme. |
3. The Commission shall adopt implementing acts concerning requirements for the provision of the aid described in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
4. The programme may include measures to support production, processing, marketing and transport of raw and processed agricultural products in the smaller islands.
Each measure may include a variety of actions. For each action, the programme shall define at least the following elements:
(a) | the beneficiaries; |
(b) | the eligibility conditions; |
(c) | the unit amount of aid. |
The Commission shall adopt delegated acts in accordance with Article 21 concerning the conditions for establishing the amount of aid awarded in respect of the support for the marketing and transport of raw and processed products outside the region in which they are produced, and, where appropriate, concerning the conditions for establishing the quantities of products subject to that aid.
Article 16 - Controls and wrongful payments
2. In the event of wrongful payments, the beneficiary concerned shall be required to reimburse the amounts in question. Article 80 of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (11) shall apply mutatis mutandis.
CHAPTER V - ACCOMPANYING MEASURES
Article 17 - State aid
2. Greece may grant additional financing for the implementation of the support programme. In such cases, Greece shall notify the Commission of the State aid and the Commission may approve it in accordance with this Regulation as part of the support programme. Aid thus notified shall be deemed to have been notified within the meaning of the first sentence of Article 108(3) of the Treaty.
3. Without prejudice to paragraphs 1 and 2 of this Article and by way of derogation from Article 180 of Regulation (EC) No 1234/2007 and Article 3 of Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of and trade in agricultural products (12), Articles 107, 108 and 109 of the Treaty shall not apply to payments made under Chapters III and IV of this Regulation by Greece in conformity with this Regulation.
CHAPTER VI - FINANCIAL PROVISIONS
Article 18 - Financial resources
2. The Union shall finance the measures provided for in Chapters III and IV up to a maximum annual amount of EUR 23,93 million.
3. The amount allocated annually to finance the specific supply arrangements referred to in Chapter III shall not exceed EUR 7,11 million.
The Commission shall adopt implementing acts establishing the requirements in accordance with which Greece may amend the allocation of resources allocated each year to the various products benefiting from the specific supply arrangements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2).
4. The Commission shall adopt delegated acts, in accordance with Article 21, concerning the conditions for determining the annual maximum amount which may be allocated to measures for financing studies, demonstration projects, training and technical assistance, provided that such allocation is reasonable and proportionate.
CHAPTER VII - GENERAL AND FINAL PROVISIONS
Article 19 - National measures
Article 20 - Communications and reports
2. Greece shall submit to the Commission no later than 30 September each year a report on the implementation of the measures provided for in this Regulation over the previous year.
3. By 31 December 2016, and thereafter every five years, the Commission shall submit a general report to the European Parliament and to the Council showing the impact of the action taken under this Regulation, accompanied, if applicable, by appropriate proposals.
Article 21 - Exercise of the delegation
2. The power to adopt delegated acts referred to in Article 11(2), Article 15(4) and Article 18(4) shall be conferred on the Commission for a period of five years from 21 March 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year 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.
3. The delegation of power referred to in Article 11(2), Article 15(4) and Article 18(4) 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 to revoke 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.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. The delegated acts adopted pursuant to Article 11(2), Article 15(4) and Article 18(4) shall enter into force only if no objection has been expressed by either the European 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 do not intend to raise any objections. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 22 - Committee procedure
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 23 - Repeal
References made to the repealed Regulation shall be construed as being made to this Regulation and shall be read in accordance with the correlation table set out in the Annex.
Article 24 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.