Explanatory Memorandum to COM(2012)172 - Imports of rice from Bangladesh

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dossier COM(2012)172 - Imports of rice from Bangladesh.
source COM(2012)172 EN
date 16-04-2012
1. CONTEXT OF THE PROPOSAL

The purpose of the proposal is to align Council Regulation (EEC) No 3491/90 of 26 November 1990 on imports of rice originating in Bangladesh with the differentiation between delegated and implementing powers of the Commission introduced by Articles 290 and 291 of the Treaty on the Functioning of the European Union (TFEU).

1.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



Consultation of interested parties

Collection and use of expertise

There was no need for consultation of interested parties or for external expertise since the proposal to align Council Regulation (EEC) No 3491/90 to the Lisbon Treaty is an inter-institutional matter that will concern all Council Regulations.

Impact assessment

No need for an impact assessment since the proposal to align Council Regulation (EEC) No 3491/90 to the Lisbon Treaty is an inter-institutional matter that will concern all Council Regulations.

2.

LEGAL ELEMENTS OF THE PROPOSAL



Summary of the proposed action

Identify the delegated and implementing powers of the Commission in Council Regulation (EEC) No 3491/90 and establish the corresponding procedure for adoption of these acts.

Legal basis

Article 207 of the Treaty on the Functioning of the European Union

Subsidiarity principle

Agricultural policy is of shared competence between the EU and the Member States. This means that as long as the EU does not legislate in the sector Member States maintain their competence. This proposal is limited to adapting the provisions on preferential imports of rice originating in Bangladesh to new requirements introduced by the Lisbon Treaty. Thus the existing Union approach is not affected by this Proposal.

Proportionality principle

The proposal complies with the proportionality principle.

Choice of instruments

Proposed instrument: Regulation of the European Parliament and of the Council.

Other means would not be adequate for the following reason: direct application is due to the nature of the CAP and its management requirements an indispensable characteristic of CAP legislation.

3.

BUDGETARY IMPLICATION



This measure has no budgetary implications.