HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 326/24
EN
Official Journal of the European Union
8.12.2011
REGULATION (EU) No 1231/2011 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 16 November 2011
amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of
voluntary modulation of direct payments under the common agricultural policy
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
financial management of voluntary modulation should be
EUROPEAN UNION,
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
Having regard to the Treaty on the Functioning of the European
and general principles concerning mechanisms for
Union, and in particular Article 43(2) thereof,
control by Member States of the Commission's exercise
of implementing powers ( 4 ).
Having regard to the proposal from the European Commission,
(5) The
Commission
should,
by
means
of
implementing
acts
and, given their special nature, acting without the appli
cation of Regulation (EU) No 182/2011, fix the net
After transmission of the draft legislative act to the national
amounts resulting from the application of voluntary
parliaments,
modulation.
Having regard to the opinion of the European Economic and
(6) Regulation
(EC)
No
378/2007
should
therefore
be
Social Committee ( 1 ),
amended accordingly,
Acting in accordance with the ordinary legislative procedure ( 2 ),
HAVE ADOPTED THIS REGULATION:
Whereas:
Article 1
Regulation (EC) No 378/2007 is hereby amended as follows:
(1) Council
Regulation
(EC)
No
378/2007
of
27
March
2007 laying down rules for voluntary modulation of
direct payments provided for in Regulation (EC)
(1) in Article 4(1), the introductory wording is replaced by the
No 1782/2003 establishing common rules for direct
following:
support schemes under the common agricultural policy
and establishing certain support schemes for farmers ( 3 )
confers on the Commission powers to implement certain
‘1. The
net
amounts
resulting
from
the
application
of
provisions of that Regulation.
voluntary modulation shall be fixed by the Commission,
by means of implementing acts without the application of
Article 6a, based on:’;
(2)
As a consequence of the entry into force of the Treaty of
Lisbon, the powers conferred on the Commission under
Regulation (EC) No 378/2007 need to be aligned with
(2) Article 6 is replaced by the following:
Articles 290 and 291 of the Treaty on the Functioning of
the European Union.
‘Article 6
1. The
Commission
shall,
by
means
of
implementing
(3) In
order
to
ensure
uniform
conditions
for
the
implemen
acts, adopt specific provisions for the integration of
tation of Regulation (EC) No 378/2007 in the Member
voluntary modulation in the rural development
States concerned, implementing powers should be
programming. Those implementing acts shall be adopted
conferred on the Commission.
in accordance with the examination procedure referred to
in Article 6a(1).
(4) The
implementing
powers
relating
to
the
adoption
of
specific provisions for the integration of voluntary modu
2. The
Commission
shall,
by
means
of
implementing
lation in the rural development programming and for the
acts, adopt specific provisions for the financial management
of voluntary modulation. Those implementing acts shall be
( 1 ) OJ C 132, 3.5.2011, p. 87.
adopted in accordance with the examination procedure
( 2 ) Position of the European Parliament of 13 September 2011 (not yet
referred to in Article 6a(2).’;
published in the Official Journal) and decision of the Council of
20 October 2011.
( 3 ) OJ L 95, 5.4.2007, p. 1.
( 4 ) OJ L 55, 28.2.2011, p. 13.

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EN
8.12.2011 Official
Journal
of
the
European
Union L
326/25
(3) the following Article is added:
Where reference is made to this paragraph, Article 5 of
Regulation (EU) No 182/2011 shall apply.
‘Article 6a
___________
1. The
Commission
shall
be
assisted
by
the
Rural
Devel
(*) Regulation (EU) No 182/2011 of the European
opment Committee established by Regulation (EC)
Parliament and of the Council of 16 February 2011
No 1698/2005. That committee is a committee within the
laying down the rules and general principles concerning
meaning of Regulation (EU) No 182/2011 (*).
mechanisms for control by Member States of the
Commission's exercise of implementing powers (OJ
Where reference is made to this paragraph, Article 5 of
L 55, 28.2.2011, p. 13).’.
Regulation (EU) No 182/2011 shall apply.
2. The
Commission
shall
be
assisted
by
the
Committee
Article 2
on the agricultural funds established by Regulation (EC)
No 1290/2005. That committee is a committee within the
This Regulation shall enter into force on the 20th day following
meaning of Regulation (EU) No 182/2011.
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 Strasbourg, 16 November 2011.
For the European Parliament
For the Council
The President
The President
J. BUZEK
W. SZCZUKA

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