欧洲议会和理事会条例(EU) No 229/2013,为支持小爱琴海群岛的农业制定具体措施,并废除理事会条例(EC) No 1405/2006
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32013R0229
OJ编号:OJ L 78, 20.3.2013, p. 41-50
中文标题:欧洲议会和理事会条例(EU) No 229/2013,为支持小爱琴海群岛的农业制定具体措施,并废除理事会条例(EC) No 1405/2006
原文标题:Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006
分类:03.30.10_社会和制度措施
文件类型:二级立法 Regulation|条例
生效日期:2013-03-21
废止日期:2058-12-31
法规全文:查看欧盟官方文件
20.3.2013 Official
Journal
of
the
European
Union L
78/41
REGULATION (EU) No 229/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 March 2013
laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing
Council Regulation (EC) No 1405/2006
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
of subsidiarity, should be established by Greece at the
EUROPEAN UNION,
most appropriate geographical level and submitted by
Greece to the Commission for approval.
Having regard to the Treaty on the Functioning of the European
Union, and in particular the first paragraph of Article 42 and
(4) In
order
to
more
effectively
achieve
the
objectives
of
the
Article 43(2) thereof,
scheme promoting the smaller Aegean islands, the
support programme should include measures which
ensure the supply of agricultural products and the pres
ervation and development of local agricultural
Having regard to the proposal from the European Commission,
production. The level of programming needs to be
harmonised and the policy of partnership between the
Commission and Greece needs to become systematic.
After transmission of the draft legislative act to the national
The Commission should adopt procedures and indicators
parliaments,
to ensure the smooth implementation and adequate
monitoring of the programme.
Having regard to the opinion of the European Economic and
Social Committee (
(5) In
keeping
with
the
principle
of
subsidiarity
and
in
order
1 ),
to ensure flexibility, the two principles which form the
basis of the programming approach adopted for the
scheme promoting the smaller Aegean islands, the auth
Acting in accordance with the ordinary legislative procedure ( 2 ),
orities appointed by Greece may propose amendments to
the programme to bring it into line with the reality of
the situation on those islands. To that end, more
significant involvement on the part of the competent
Whereas:
local and regional authorities and other stakeholders
should be encouraged. Also in keeping with this
approach, the procedure for amending the programme
(1) Specific
measures
in
the
agricultural
sector
to
remedy
the
should be adapted to reflect the level of relevance of
difficulties caused by the particular geographical situation
each type of amendment.
of the smaller Aegean islands have been established by
Council Regulation (EC) No 1405/2006
( 3 ). Those
measures have been implemented by means of a
(6) The
particular
geographical
situation
of
some
of
the
support programme, which constitutes an essential tool
smaller Aegean islands imposes additional transport
for supplying those islands with agricultural products and
costs in supplying products which are essential for
for supporting local agricultural production. In view of
human consumption, for processing or as agricultural
the need to update the current measures, including as a
inputs. In addition, other objective factors arising as a
result of the entry into force of the Treaty of Lisbon, it is
result of insularity and distance from markets impose
necessary to repeal Regulation (EC) No 1405/2006 and
further constraints on economic operators and
replace it with a new regulation.
producers in those Aegean islands that severely
handicap their activities. In certain cases, operators and
producers suffer from ‘double insularity’, consisting of
(2) The
fundamental
objectives
which
the
scheme
promoting
the fact that supplies are brought by way of other
the smaller Aegean islands will help to achieve need to
islands. Those handicaps can be alleviated by lowering
be specified.
the price of those essential products. It is therefore
appropriate to introduce specific supply arrangements
to guarantee supply to the smaller Aegean islands and
compensate for the additional costs arising from their
(3)
It is also necessary to specify the content of the support
insularity, small size and distance from markets.
programme for the smaller Aegean islands (‘support
programme’), which, in accordance with the principle
(7) The
problems
experienced
by
the
smaller
Aegean
islands
( 1 ) OJ C 132, 3.5.2011, p. 82.
are accentuated by the islands' small size. In order to
( 2 ) Position of the European Parliament of 5 February 2013 (not yet
guarantee the effectiveness of the measures envisaged,
published in the Official Journal) and decision of the Council of
25 February 2013.
such measures should apply to all Aegean islands
( 3 ) OJ L 265, 26.9.2006, p. 1.
except Crete and Evia.
L 78/42
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20.3.2013
(8) In
order
to
achieve
the
goal
of
lowering
prices
in
the
establishing a common organisation of agricultural
smaller Aegean islands, mitigating the additional costs of
markets and on specific provisions for certain agricultural
their insularity, small size and distance from markets
products (Single CMO Regulation) ( 1 ).
while maintaining the competitiveness of Union
products, aid should be granted for the supply of
Union products to the smaller Aegean islands. Such aid
should take account of the additional cost of transport to
(14) Union
policy
to
assist
local
production
in
the
smaller
the smaller Aegean islands and, in the case of agricultural
Aegean islands, as established by Regulation (EC) No
inputs and products intended for processing, the
1405/2006, has involved a multitude of products and
additional costs of insularity, small size and distance
measures for their production, marketing or processing.
from markets.
Those measures have proved effective and have ensured
that agricultural activities have been maintained and
developed. The Union should continue to support that
production, which is a key factor in the environmental,
(9) In
order
to
avoid
speculation
which
would
be
harmful
to
social and economic equilibrium of the smaller Aegean
end-users in the smaller Aegean islands, it is important to
islands. Experience has shown that, as in the case of rural
specify that the specific supply arrangements may only
development policy, closer partnership with the local
apply to products of sound, fair and marketable quality.
authorities can help to address in a more targeted way
the particular issues affecting the islands concerned.
Support for local production should thus continue to
be granted through the support programme, established
for the first time by Regulation (EC) No 1405/2006. In
(10) Since the quantities covered by the specific supply
that regard, emphasis should be placed on preserving the
arrangements are limited to the supply requirements of
traditional agricultural heritage and the traditional char
the smaller Aegean islands, those arrangements should
acteristics of production methods and of local and
not impair the proper functioning of the internal
organic products.
market. Nor should the economic advantages of the
specific supply arrangements lead to diversions of trade
in the products concerned. The dispatch or export of
those products from the smaller Aegean islands should
(15) The
minimum
elements
which
should
be
provided
under
therefore be prohibited. However, dispatch or exportation
the support programme in order to establish the
of those products should be authorised where the
measures supporting local agricultural production,
advantage resulting from the specific supply
specifically the description of the location, of the
arrangements is reimbursed.
strategy proposed, of the objectives and of the
measures, should be established. The principles
underlying the consistency of those measures with
other Union policies should also be stated, in order to
(11) With
regard
to
processed
products,
trade
between
the
avoid any incompatibility and overlapping of aid.
smaller Aegean islands should be authorised and
transport costs in respect of those products should be
reduced, in order to allow commerce between those
islands. Account should also be taken of trade flows
(16) For
the
purposes
of
applying
this
Regulation,
it
should
within the context of regional commerce and traditional
also be possible for the support programme to contain
exports and dispatching with the rest of the Union or
measures for financing studies, demonstration projects,
third countries and exports of processed products
training and technical assistance.
corresponding to traditional trade for all those regions
should be authorised.
(17) Farmers on the smaller Aegean islands should be
encouraged to supply quality products, and the
marketing of such products should be assisted.
(12) In
order
to
achieve
the
objectives
of
the
specific
supply
arrangements, the economic advantages of those
arrangements should be reflected in production costs
and should reduce prices up to the end-user stage.
(18) A
derogation
may
be
granted
from
the
Commission's
They should therefore be granted only on condition
consistent policy of not authorising State operating aid
that they are actually passed on, and appropriate
for the production, processing, marketing and transpor
checks should be carried out.
tation of agricultural products listed in Annex I to the
Treaty on the Functioning of the European Union (‘the
Treaty’) in order to mitigate the specific constraints on
farming in the smaller Aegean islands as a result of their
(13) Rules
should
be
established
concerning
the
operation
of
insularity, small size, mountainous terrain and climate,
the scheme, particularly those relating to the creation of
their economic dependency on a small number of
a register of operators and a system of certificates, based
products and their distance from markets.
on the certificates referred to in Article 161 of Council
Regulation (EC) No 1234/2007 of 22 October 2007
( 1 ) OJ L 299, 16.11.2007, p. 1.
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(19) Implementation
of
this
Regulation
should
not
jeopardise
(25) In
order
to
allow
for
the
prompt
application
of
the
the level of special support from which the smaller
measures envisaged, this Regulation should enter into
Aegean islands have benefited up to now. In order to
force on the day following that of its publication in
be able to carry out the appropriate measures, Greece
the Official Journal of the European Union,
should continue to have at its disposal sums equivalent
to the Union support already granted under Regulation
(EC) No 1405/2006.
HAVE ADOPTED THIS REGULATION:
(20) Since
2007, requirements in essential products have
CHAPTER I
increased in the smaller Aegean islands as a result of
an increasing livestock population and demographic
SUBJECT MATTER AND OBJECTIVES
pressure. The proportion of the budget which Greece
Article 1
should be able to use for the specific supply
arrangements for the smaller Aegean islands should
Subject matter
therefore be increased.
1. This
Regulation
lays
down
specific
measures
for
agri
culture to mitigate the difficulties caused by the insularity,
small size and distance from markets of the smaller Aegean
(21) In order to allow Greece to evaluate all the elements
islands (‘the smaller islands’).
concerning the implementation of the support
programme for the previous year and make it possible
to submit to the Commission a complete annual
2. For
the
purposes
of
this
Regulation
‘the
smaller
islands’
evaluation report, the submission date of that report
means any islands in the Aegean Sea except the islands of Crete
should be postponed from 30 June to 30 September of
and Evia.
the year following the reference year.
Article 2
(22) The Commission should be required to submit to the
Objectives
European Parliament and to the Council, by 31 December
2016 at the latest and thereafter every five years, a
1. The
specific
measures
provided
for
in
Article
1
shall
help
general report on the impact of measures taken to
to meet the following objectives:
implement this Regulation accompanied, where appro
priate, by suitable recommendations.
(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
(23) In
order
to
ensure
the
proper
functioning
of
the
regime
incurred due to their insularity, small size and distance
introduced by this Regulation, the power to adopt acts in
from markets;
accordance with Article 290 of the Treaty should be
delegated to the Commission, in respect of supple
menting or modifying certain non-essential elements of
this Regulation. It is of particular importance that the
(b) the preservation and development of agricultural activities in
Commission carry out appropriate consultations during
the smaller islands, including the production, processing,
its preparatory work, including at expert level. The
marketing and transport of local raw and processed
Commission, when preparing and drawing up delegated
products.
acts, should ensure a simultaneous, timely and appro
priate transmission of relevant documents to the
European Parliament and to the Council.
2. The objectives set out in paragraph 1 shall be imple
mented by means of the measures referred to in Chapters III,
IV and V.
(24) In
order
to
ensure
uniform
conditions
for
the
implemen
tation of the programme in the smaller Aegean islands in
relation to other similar schemes and to avoid unfair
CHAPTER II
competition or discrimination between operators, imple
SUPPORT PROGRAMME
menting powers should be conferred on the
Commission. Those powers should be exercised in
Article 3
accordance with Regulation (EU) No 182/2011 of the
Establishing the support programme
European Parliament and of the Council of 16 February
2011 laying down the rules and general principles
1. The
measures
provided
for
in
Article
1
shall
be
defined
by
concerning mechanisms for control by the Member
a support programme comprising:
States of the Commission's exercise of implementing
powers ( 1 ).
(a) specific supply arrangements as provided for in Chapter III;
( 1 ) OJ L 55, 28.2.2011, p. 13.
and
L 78/44
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(b) specific measures to assist local agricultural production as
criteria and quantitative indicators to be used for moni
provided for in Chapter IV.
toring and evaluation;
2. The
support
programme
shall
be
established
at
the
geographical level which Greece deems to be the most appro
(c) the steps taken to ensure that the programme is imple
priate. It shall be prepared by the competent local and regional
mented effectively and appropriately, including the
authorities designated by Greece, which shall submit it to the
arrangements for publicity, monitoring and evaluation,
Commission for approval in accordance with Article 6 after the
and a specified set of quantified indicators for use in
competent authorities and organisations at the appropriate
programme evaluation;
regional level have been consulted.
Article 4
(d) the designation of the competent authorities and bodies
Compatibility and consistency
responsible for implementing the programme and the desig
1. Measures
taken
under
the
support
programme
shall
nation at the appropriate levels of authorities or associated
comply with Union law. Such measures shall be consistent
bodies and socio-economic partners, and the results of
with other Union policies and with the measures taken under
consultations held.
such policies.
2. Consistency
of
the
measures
taken
under
the
support
Article 6
programme with measures implemented under other
instruments of the common agricultural policy, and in
Approval and amendments of the programme
particular the common organisations of markets, rural devel
1. The
support
programme
is
established
under
Regulation
opment, product quality, animal welfare and the protection of
(EC) No 1405/2006 and is financed under the financial allo
the environment, shall be ensured.
cation referred to in Article 18(2) and (3).
In particular, no measure under this Regulation shall be
financed as:
The programme comprises a forecast supply balance indicating
the products, the quantities thereof and the amount of aid for
(a) additional support for premium or aid schemes under a
supply from the Union together with a draft programme of
common organisation of the market, save in exceptional
support for local production.
cases, justified by objective criteria;
(b) support for research projects, measures to support research
2. Depending
on
the
annual
evaluation
of
the
implemen
projects or measures eligible for Union financing under
tation of measures included in the support programme,
Council Decision 2009/470/EC of 25 May 2009 on expen
Greece may submit to the Commission duly substantiated
diture in the veterinary field ( 1 );
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
(c) support for measures within the scope of Council Regu
the smaller islands and the strategy proposed. The Commission
lation (EC) No 1698/2005 of 20 September 2005 on
shall adopt implementing acts laying down the procedures for
support for rural development by the European Agricultural
assessing whether the amendments proposed comply with
Fund for Rural Development (EAFRD) ( 2 ).
Union law and for deciding whether to approve them. Those
implementing acts shall be adopted in accordance with the
Article 5
examination procedure referred to in Article 22(2).
Content of the support programme
The support programme shall comprise:
3. The
procedures
laid
down
by
the
implementing
acts
referred to in paragraph 2 may take account of the following
(a) a schedule for the implementation of the measures and a
elements: the importance of the modifications proposed by
general annual indicative financing table showing the
Greece with reference to the introduction of new measures,
resources to be deployed;
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
(b) proof of the compatibility and consistency between the
amendments to codes and descriptions laid down in Council
various measures under the programme and with the
Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and
statistical nomenclature and on the Common Customs Tariff ( 3 ).
( 1 ) OJ L 155, 18.6.2009, p. 30.
( 2 ) OJ L 277, 21.10.2005, p. 1.
( 3 ) OJ L 256, 7.9.1987, p. 1.
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4. The
implementing
acts
referred
to
in
paragraph
2
shall The amount of the aid shall be determined for each product
also determine, for each procedure, the frequency with which
concerned, taking account of the additional costs of marketing
requests for amendments are to be made, as well as the time
products in the smaller islands, calculated from the usual ports
frames within which the approved amendments are to be imple
of shipment in mainland Greece, and from the ports of islands
mented.
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.
Article 7
Monitoring and follow-up
2. The
specific
supply
arrangements
shall
only
apply
to
Greece shall conduct verifications by means of administrative
products of sound, fair and marketable quality.
and on-the-spot checks. The Commission shall adopt imple
menting acts regarding the minimum characteristics of the
checks to be carried out by Greece.
Article 10
Implementation
The Commission shall also adopt implementing acts regarding
In implementing the specific supply arrangements, account shall
the procedures and physical and financial indicators in order to
be taken, in particular, of the following:
ensure that the implementation of the programmes is
monitored in an effective manner.
(a) the specific needs of the smaller islands and the precise
quality requirements;
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 22(2).
(b) traditional trade flows with ports in mainland Greece and
between the islands in the Aegean Sea;
CHAPTER III
(c) the economic aspect of the proposed aid;
SPECIFIC SUPPLY ARRANGEMENTS
Article 8
(d) where applicable, the need not to obstruct the development
Forecast supply balance
of local products.
1. Specific supply arrangements are hereby established for
the Union's agricultural products listed in Annex I to the
Treaty (‘the agricultural products’) which are essential in the
Article 11
smaller islands for human consumption, for the manufacture
of other products or as agricultural inputs.
Certificates
1. The
aid
provided
for
in
Article
9(1)
shall
be
granted
on
presentation of a certificate.
2. Greece
shall
establish,
at
the
geographical
level
which
it
deems most appropriate, a forecast supply balance so as to
Certificates shall be issued only to operators entered in a register
quantify the annual supply requirements for the smaller
held by the competent authorities.
islands with regard to the agricultural products.
Those certificates shall not be transferable.
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
2. No
security
shall
be
required
when
applying
for
a
the rest of the Union or for export to third countries as part
certificate. However, to the extent necessary to ensure the
of regional trade, in accordance with Article 13(2) and (3), or
proper application of this Regulation, the competent authority
within the context of traditional trade flows.
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
Article 9
detailed rules for the application of the system of import and
export licences and advance fixing certificates for agricultural
Operation of the specific supply arrangements
products ( 1 ) shall apply.
1. Aid
shall
be
granted
to
supply
the
smaller
islands
with
agricultural products.
( 1 ) OJ L 114, 26.4.2008, p. 3.
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The Commission shall be empowered to adopt delegated acts, in
2. The
first
subparagraph
of
paragraph
1
shall
not
apply
to
accordance with Article 21, determining the conditions for
products processed in the smaller islands from products that
recording operators in the register and providing for the full
have benefited from the specific supply arrangements which are:
exercise by operators of their rights to participate in the specific
supply arrangements.
(a) exported to third countries or dispatched to the rest of the
Union within the limits of traditional exports and traditional
3. The Commission shall adopt implementing acts
dispatches;
concerning the measures necessary to ensure the uniform appli
cation by Greece of this Article, specifically relating to the intro
duction of the system of certificates, and the commitment
(b) exported to third countries as part of regional trade in
undertaken by operators at the time of registration. Those
accordance with the destinations and detailed provisions
implementing acts shall be adopted in accordance with the
to be determined by the Commission;
examination procedure referred to in Article 22(2).
(c) dispatched between the smaller islands.
Article 12
Impact of advantage
Exports to third countries of products referred to in points (a)
and (b) of the first subparagraph shall not be subject to the
1. Benefiting
from
the
specific
supply
arrangements
resulting presentation of a certificate.
from the awarding of aid shall be subject to the condition that
the impact of the economic advantage is passed on up to the
end-user who, as appropriate, may be the consumer in the case
of products meant for direct consumption, the end processor or
No export refund shall be granted on the export of products
packager in the case of products meant for the processing or
referred to in points (a) and (b) of the first subparagraph.
packaging industries, or farmers in the case of products used for
animal feed or as agricultural inputs.
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 imple
The advantage referred to in the first subparagraph shall be
menting acts shall be adopted in accordance with the exam
equal to the amount of the aid.
ination procedure referred to in Article 22(2).
2. In
order
to
ensure
that
paragraph
1
is
applied
in
a 3. Processing
operations
which
may
give
rise
to
traditional
uniform manner, the Commission shall adopt implementing
trade exports or traditional dispatches shall fulfil, mutatis
acts regarding the application of the rules set out in
mutandis, the processing conditions applicable under customs
paragraph 1 and more specifically regarding the conditions
control provided for in the relevant Union legislation, with
for the monitoring, by the Member State, that the advantage
the exception of all usual forms of handling.
has in fact been passed on up to the end-user. Those imple
menting acts shall be adopted in accordance with the exam
ination procedure referred to in Article 22(2).
Article 14
Controls and penalties
Article 13
1. The
agricultural
products
which
are
the
subject
of
the
specific supply arrangements shall be subject to administrative
Export to third countries and dispatch to the rest of the
checks at the time that they enter the smaller islands as well as
Union
when they are exported or dispatched.
1. The
Commission
shall
adopt
implementing
acts
estab
lishing the requirements in accordance with which products
covered by the specific supply arrangements may be exported
The Commission shall adopt implementing acts concerning the
to third countries or dispatched to the rest of the Union. Those
minimum characteristics of the checks to be carried out by
implementing acts shall be adopted in accordance with the
Greece. Those implementing acts shall be adopted in accordance
examination procedure referred to in Article 22(2).
with the examination procedure referred to in Article 22(2).
2. Except
in
cases
of force majeure or exceptional climatic
Those requirements shall include in particular reimbursement of
conditions, if an operator, as referred to in Article 11, fails to
the aid received under the specific supply arrangements.
comply with the commitments made in accordance with that
Article, the competent authority, without prejudice to any
penalties applicable under national law, shall:
Exports to third countries of products covered by the specific
supply arrangements shall not be subject to the presentation of
a certificate.
(a) recover the advantage granted to the operator;
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(b) temporarily suspend or revoke the operator's registration,
demonstration projects, training or technical assistance
depending on the seriousness of the non-compliance.
operations relating to the preparation, implementation or
adaptation of the measures concerned;
3. Except
in
cases
of force majeure or exceptional climatic
(d) a list of the aid constituting direct payments in accordance
conditions, where operators, as referred to in Article 11, do
with Article 2(d) of Council Regulation (EC) No 73/2009 of
not carry out the planned entry, their entitlement to apply for
19 January 2009 establishing common rules for direct
certificates shall be suspended by the competent authority for a
support schemes for farmers under the common agricultural
period of 60 days following expiry of that certificate. After the
policy and establishing certain support schemes for
suspension period, the issue of subsequent certificates shall be
farmers ( 1 );
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.
(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.
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
3. The Commission shall adopt implementing acts
certificates issued or recovery of the advantage.
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).
CHAPTER IV
MEASURES TO ASSIST LOCAL AGRICULTURAL PRODUCTS
4. The
programme
may
include
measures
to
support
production, processing, marketing and transport of raw and
Article 15
processed agricultural products in the smaller islands.
Measures
1. The
support
programme
contains
the
measures
necessary
in order to ensure continuity and development of local lines of
Each measure may include a variety of actions. For each action,
agricultural production in the smaller islands under the scope of
the programme shall define at least the following elements:
Part Three, Title III of the Treaty.
(a) the beneficiaries;
2. The
part
of
the
programme
which
includes
measures
to
assist local agricultural production shall comprise at least the
following elements:
(b) the eligibility conditions;
(c) the unit amount of aid.
(a) a quantified description of the current agricultural
production situation, taking into account the results of
available evaluations, showing disparities, gaps and
The Commission shall adopt delegated acts in accordance with
potential for development and the financial resources
Article 21 concerning the conditions for establishing the
deployed;
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
(b) a description of the strategy proposed, the priorities
quantities of products subject to that aid.
selected, its quantified general and operational objectives,
and an appraisal showing the expected economic, environ
mental and social impact, including employment effects;
Article 16
Controls and wrongful payments
1. Verification
of
measures
provided
for
in
this
Chapter
shall
(c) a description of the measures envisaged, and in particular
be conducted by administrative and on-the-spot checks.
aid schemes for implementing them, and, where appro
priate, information on the need for any studies,
( 1 ) OJ L 30, 31.1.2009, p. 16.
L 78/48
EN
Official Journal of the European Union
20.3.2013
2. In the event of wrongful payments, the beneficiary
2. The
Union
shall
finance
the
measures
provided
for
in
concerned shall be required to reimburse the amounts in
Chapters III and IV up to a maximum annual amount of EUR
question. Article 80 of Commission Regulation (EC) No
23,93 million.
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
3. The
amount
allocated
annually
to
finance
the
specific
administration and control system, under the direct support
supply arrangements referred to in Chapter III shall not
schemes for farmers provided for that Regulation, as well as
exceed EUR 7,11 million.
for the implementation of Council Regulation (EC) No
1234/2007 as regards cross-compliance under the support
scheme provided for the wine sector ( 1 ) shall apply mutatis
The Commission shall adopt implementing acts establishing the
mutandis.
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.
CHAPTER V
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 22(2).
ACCOMPANYING MEASURES
Article 17
4. The
Commission
shall
adopt
delegated
acts,
in
accordance
State aid
with Article 21, concerning the conditions for determining the
annual maximum amount which may be allocated to measures
1. For
the
agricultural
products
covered
by
Annex
I
to
the for financing studies, demonstration projects, training and
Treaty, to which Articles 107, 108 and 109 thereof apply, the
technical assistance, provided that such allocation is reasonable
Commission may authorise, in accordance with Article 108 of
and proportionate.
the Treaty, operating aid in the sectors producing, processing,
marketing and transporting those products, with a view to
alleviating the specific constraints on farming in the smaller
CHAPTER VII
islands as a result of their insularity, small size, mountainous
terrain and climate, their economic dependency on a small
GENERAL AND FINAL PROVISIONS
number of products and their distance from markets.
Article 19
National measures
2. Greece
may
grant
additional
financing
for
the
implemen
Greece shall take the measures necessary to ensure compliance
tation of the support programme. In such cases, Greece shall
with this Regulation, in particular as regards checks and admin
notify the Commission of the State aid and the Commission
istrative penalties, and shall inform the Commission thereof.
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 20
Article 108(3) of the Treaty.
Communications and reports
1. Greece
shall
communicate
to
the
Commission
not
later
3. Without prejudice to paragraphs 1 and 2 of this Article
than 15 February each year the appropriations made available
and by way of derogation from Article 180 of Regulation (EC)
to it which it intends to spend in the following year on imple
No 1234/2007 and Article 3 of Council Regulation (EC) No
mentation of the forecast supply balance and for each measure
1184/2006 of 24 July 2006 applying certain rules of
promoting local agricultural production included in the support
competition to the production of and trade in agricultural prod
programme.
ucts ( 2 ), 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.
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.
CHAPTER VI
FINANCIAL PROVISIONS
3. By
31
December
2016,
and
thereafter
every
five
years,
the
Article 18
Commission shall submit a general report to the European
Parliament and to the Council showing the impact of the
Financial resources
action taken under this Regulation, accompanied, if applicable,
1. The
measures
provided
for
in
this
Regulation
shall by appropriate proposals.
constitute intervention intended to stabilise the agricultural
markets within the meaning of Article 3(1)(b) of Council Regu
lation (EC) No 1290/2005 of 21 June 2005 on the financing of
Article 21
the common agricultural policy ( 3 ).
Exercise of the delegation
1. The
power
to
adopt
delegated
acts
shall
be
conferred
on
( 1 ) OJ L 316, 2.12.2009, p. 65.
( 2 ) OJ L 214, 4.8.2006, p. 7.
the Commission subject to the conditions laid down in this
( 3 ) OJ L 209, 11.8.2005, p. 1.
Article.
EN
20.3.2013 Official
Journal
of
the
European
Union L
78/49
2. The power to adopt delegated acts referred to in
Commission that they do not intend to raise any objections.
Article 11(2), Article 15(4) and Article 18(4) shall be
That period shall be extended by two months at the initiative of
conferred on the Commission for a period of five years from
the European Parliament or of the Council.
21 March 2013. The Commission shall draw up a report in
respect of the delegation of power not later than nine months
Article 22
before the end of the five-year period. The delegation of power
Committee procedure
shall be tacitly extended for periods of an identical duration,
unless the European Parliament or the Council opposes such
1. The
Commission
shall
be
assisted
by
the
Management
extension not later than three months before the end of each
Committee for Direct Payments established under Article 141
period.
of Regulation (EC) No 73/2009. That committee shall be a
committee within the meaning of Regulation (EU) No
3. The
delegation
of
power
referred
to
in
Article
11(2), 182/2011.
Article 15(4) and Article 18(4) may be revoked at any time
by the European Parliament or by the Council. A decision to
2. Where
reference
is
made
to
this
paragraph,
Article
5
of
revoke shall put an end to the delegation of the power specified
Regulation (EU) No 182/2011 shall apply.
in that decision. It shall take effect the day following the
publication of the decision to revoke in the Official Journal of
Article 23
the European Union or at a later date specified therein. It shall
not affect the validity of any delegated acts already in force.
Repeal
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall Regulation (EC) No 1405/2006 is hereby repealed.
notify it simultaneously to the European Parliament and to the
Council.
References made to the repealed Regulation shall be construed
as being made to this Regulation and shall be read in
5. The
delegated
acts
adopted
pursuant
to
Article
11(2), accordance with the correlation table set out in the Annex.
Article 15(4) and Article 18(4) shall enter into force only if
no objection has been expressed by either the European
Article 24
Parliament or the Council within a period of two months of
Entry into force
notification of that act to the European Parliament and the
Council or if, before the expiry of that period, the European
This Regulation shall enter into force on the day following that
Parliament and the Council have both informed the
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 Strasbourg, 13 March 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON
L 78/50
EN
Official Journal of the European Union
20.3.2013
ANNEX
Correlation table
Regulation (EC) No 1405/2006 This
Regulation
Article 1 Article
1
Article 2 Article
3(1)
Article 3 Article
8
Article 4(1) Article
9(1)
Article 4(2) Article
10
Article 4(3) Article
12(1)
Article 5 Article
13
Article 7(1) Article
15(1)
Article 7(2) Article
3(2)
Article 8 Article
4
Article 9(a) and (b) Article
15(2)
Article 9(c), (d), (e) and (f) Article
5
Article 10 Article
7
second
paragraph
Article 11 Article
17
Article 12 Article
18
Article 13 Article
6(1)
Article 14(a) Article
6(2)
to
(4)
Article 14(b)
Article 7 first paragraph, and Article 14(1) second subpara
graph, (2) and (3)
Article 16 Article
19
Article 17 Article
20
Article 18 Article
23
Article 21 Article
24
Document Outline
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