Explanatory Memorandum to COM(2009)321 - Amendment of Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers - Main contents
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| dossier | COM(2009)321 - Amendment of Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common ... |
|---|---|
| source | COM(2009)321  |
| date | 29-06-2009 |
- Grounds for and objectives of the proposal
The aim of the proposal is to clarify two aspects of interpretation found in Articles 11 and 69 i of Council Regulation (EC) No 73/2009.
- General context
Article 11 of Regulation (EC) No 73/2009 establishes the mechanism of financial discipline which provides for an adjustment of the direct payments when the forecasts indicate that the sub-ceiling for direct aids and market measures, under heading 2 of Annex I to the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management i, with a safety margin of EUR 300 000 000, is exceeded. The sub-ceiling under heading 2 covers expenditure for direct aids before all transfers to rural development. Therefore, the expenditure to be compared with the ceiling for the adjustment should be done before modulation and the transfers to the rural development. Consequently, a correct comparison of expenditure to the ceiling should also include the possible transfer to the European Agricultural Fund for Rural Development, referred to in Article 136 of Regulation (EC) No 73/2009, and the amounts resulting from Article 190a i of Council Regulation (EC) No 1234/2007 concerning financial transfers to rural development in the wine sector.
The first sub-paragraph of Article 69 i of Regulation (EC) No 73/2009 derogates from Article 69 i of that Regulation in relation to the use of Articles 68 and 69 of Regulation (EC) No 1782/2003. The purpose of this derogation is to set a transitional period for a gradual adaptation of the support in the beef and veal sector. This derogation should therefore be limited to cases where Article 69 of Regulation (EC) No 1782/2003 has been used mainly for supporting the beef and veal sector.
- Existing provisions in the area of the proposal
Regulation (EC) No 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003.
- Consistency with the other policies and objectives of the Union
Not applicable.
2. Consultation of interested parties and impact assessment
- Consultation of interested parties
- Collection and use of expertise
There was no need for consultation of interested parties or for external expertise.
- Impact assessment
Not applicable.
- Summary of the proposed action
A technical correction has to be introduced to the calculation formula of Article 11 (Financial discipline) in order to take into account the transfers to Rural Development foreseen in Article 23 of Council Regulation (EC) No 479/2008 and Article 136 of Council Regulation (EC) No 73/2009. This adjustment has already been introduced in Article 12 of Council Regulation (EC) No 1290/2005.
In addition, an adjustment of Article 69 i is proposed in order to comply with point 6.6 of the Final Presidency compromise on Health Check proposals.
- Legal basis
Article 37 i of the Treaty establishing the European Community.
- Subsidiarity principle
The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply.
- Proportionality principle
The proposal complies with the proportionality principle.
- Choice of instruments
Proposed instrument: Council Regulation.
Other means would not be adequate for the following reason: a Regulation must be amended by a Regulation.
This measure does not involve any additional Community expenditure.
A technical correction has to be introduced to the calculation formula of Article 11 (Financial discipline) in order to take into account the transfers to Rural Development foreseen in Article 23 of Council Regulation (EC) No 479/2008 and Article 136 of Council Regulation (EC) No 73/2009. This adjustment has already been introduced in Article 12 of Council Regulation (EC) No 1290/2005.
In addition, an adjustment of Article 69 i is proposed in order to comply with point 6.6 of the Final Presidency compromise on Health Check proposals.
5. Additional information
- Simplification
Not applicable.