From the Acquis to Kosovo

1
From the Acquis to Kosovo
EU Legal Instruments

• ISMAFRD Training
• Peter Baumann, LL.M.
• AGRIFOR Consult - GOPA

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Purpose of the sessions

• To give the participants
• A basic knowledge of th EU legislative process
• A better understanding of the EU legal hierarchy
• An illustration of the inter-relations between
  various axis of EU regulations
• An introduction to searching in the EU site

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Background

• The legal framework for the implementa-tion
  of the ARDP and the establishment of the
  implementing institutions of the ARDP are still
  at a very preliminary stage.
• Kosovo 2008 Progress Report

4
EU Legal instruments

• First session
• The legal acts (slides 4-10)
• Case study (slides 11-26)
• Second session
• EU legal database

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The European Union
Pillar 1
Pillar 3
Pillar 2
Police and judicial cooperation in criminal
matters
European Community
CFSP

• Political process
• The Commission
• submits proposals
• The Council
• Parliament decides
• The Court of Justice
• Outcome
• Council Regulations
• Council Directives
• Commission Regu-
• lations/Directives
• Judgments

Political process
Political process

• The Commission
• the Member States
• submit proposals
• The Council decides
• The Court of Justice
• does not judge

• The Commission the
• Member States submit proposals
• The Council decides
• Limited role of The Court of
• Justice

• Outcome
• Decisions
• Joint actions

• Outcome
• Actions
• Convention
• Community Bridge procedure

6
The legislative hierarchy
CoJ
CoJ
CoJ
7
The legal acts

• European Community (art. 249)
• Regulation binding in all its parts
• Directive addressed to Member States - binding
• Decision an individual act binding on the
  addressee
• Recommendations, opinions (non binding)
• European Union
• Joint action
• Common position
• Framework decision

8
How decisions are taken

• European Parliamentª
• Political level
• Part in decision-taking
• (art. 251 - 252)

• The Council
• Political level
• Decision-taking

CSA
COREPER
Legislation (regulations, directives)
Council Working Groups ( Group of attachés
juridical/linquistic Group)

• The Commission
• Administrative/Management level
• Exclusive right of proposals

Legislation (regulations, directives)

• Agri. Policy Consultation
• Other fields Codecision
• Special Budget procedure

Advisory Committees
Regulatory Committees
Management Committees
9
Structure of legislative acts - 1

• Joint practical guide for drafting of
  legislation - www.eur-lex.europa.eu
• Title
• All information which identifies the act
• Preamble
• Anything between the title and the enacting
  terms (citations, recitals or whereases)
• Enactment terms
• Legislative part

10
Structure of legal acts - 2

• Standard structure -regulations
• subject matter and scope
• definitions
• rights and obligations
• provisions conferring implementing powers
• procedural provisions
• implementing measures
• transitional and final provisions)

11
Case study

• Field Rural development
• Case Agri-environmental support
• Context
• Measure
• Support
• Conditions
• Controls
• Sanctions
• Financing and clearance of accounts procedure

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Context 1

• The Treaty (art. 32-38, Lisbon TFEU art. 38-44))
• Art. 33, 1.   objectives of the common
  agricultural policy
• increase agricultural productivity
  technical progress rational development of
  agricultural production optimum utilisation of
  the factors of production ensure a fair
  standard of living for the agricultural community
  increasing the individual earnings of persons
  engaged in agriculture to stabilise markets
  availability of supplies supplies reach
  consumers at reasonable prices.
• Art. 36 rules of competition
• Art. 37 Council shall, on a proposal from the
  Commission and after consulting the EP by a
  qualified majority, make regulations, issue
  directives, or take decisions

13
Context 2

• Council R 1698/2005 axis 2ª (art. 36 and 39)
• Improving the environment and the countryside
• Measures targeting the sustainable use of
  agricultural land

Axis 1 improving competitiveness Axis 2
improving environment countryside Axis 3
quality rural life diversification Axis 4 -
Leader
a)
14
Measure

• Support to farmers who make agri-environmental
  commitments.
• Only commitments beyond mandatory standards
  established pursuant to Council R No 1782/2003
  and minimum require-ments for fertiliser and
  plant protection product use and other mandatory
  require-ments established by national legislation
  and identified in the programme.

15
Measure

• COM R 1974/2006 implementing rules
• E.g. art. 27 Commitments to limit the use of
  fertilisers, plant protection products or other
  inputs shall be accepted only if such limitations
  can be assessed in a way that provides reasonable
  assurance about compliance with those
  commitments.

16
Support

• Council R 1698/2005 annual max amounts

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Conditions

• EXAMPLE
• Respect of standards
• Council R 1782/2003, annex III statutory
  management requirements
• Council R 1782/2003, annex IV GAEC (Good
  agricultural and environmental conditions
• COM R 796/2004 General rules on direct support
  (single payment)

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Conditions 2

• Organic production
• Council R 834/2007 (amended by R 927/2008)
• COM R 889/2008 - implementation

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Controls 1

• R 1975/2006, cf. R 796/2004 and R 1782/2003
• Administrative controls with IACS cross-checks
• On-the-spot checks of min. 5 pct. of the
  bene-ficiaries
• Controllability - respect of commitments must be
  controlled according to verifiable indicators
• IACS sanctions for areas or animals
  over-claimed
• Proportionate and dissuasive sanctions for
  non-respect of commitments (mainly AEM)

20
Controls 2

• IACS Council R 1782/2003
• COM R 796/2004 cons. 801/2008
• It covers all direct payments to farmers, such as
  rural development measures based on the
  number of hectares or animals (agri-environmental
  measures and less-favoured area payments)

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Controls 3

• COM R 1975/2006 (implementation of control
  procedures and cross-compliance in respect of
  rural development support measures)
• JRC guidelines
• AGRI/17933/2000 key and ancillary controls
• JRC technical information doc. (tolerances-on-the-
  spot controls)
• AGRI/2254/2003 on-the-spot checks

22
Sanctions

• Non respect ? reductions or exclusions
• Council R 1698/2005
• General principles concerning reductions and
  conclusions
• COM R 1974/2006
• Detailed rules on reductions and exclusions how
  to calculate the sanctions
• Refers to and takes over principles of COM R
  796/2004 (Cross compliance and IACS)

23
Financing

• Council R 1290/2005 on the financing of the CAP
• COM R 883/2006 detailed rules accounts etc.
• COM R 885/2006 detailed rules accredi-tation of
  PAs and clearance of accounts

24
Court of Justice

• Greece v. Commission, Case C-331/00
• The Commission is required to provide evidence of
  serious reasonable doubt as to the existence or
  appropriateness of checks carried out in that
  Member State, it is nevertheless not obliged to
  provide details of the inadequacy of those checks
  or the inaccuracy of the data provided by the
  Member State.

25
Legal axes around Rural development
Treaty and general principles, e.g.
non-discrimination
Financial axis
Judicial Control Court of Justice
Rural development axis
Direct support system axis
Organic farming axis
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Summary
Treaty
Rural dev.ment R 1698/2005
Financing R 1290/2005
Statutory req. GAEC R 1782/2003
R 1974 and 1975 Implementation
Clearance accounts R 885/2006
COM JRC guidelines/techn. info
Controls -sanctions
Organic product. R 834/2008869/2008
Support Agri-environment
Correction guidelines
IACS Cross compl R 1782/2003.
Judicial control Court of Justice
IACS Cross compl. R 796/2005