Swedish Parliament

Dossier COD/2008/0183

Proposal for a COUNCIL REGULATION amending Regulation (EC) No 1290/2005 on the financing of the common agriculturalpolicy and Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) as regards food distribution to the most deprived persons in the Community.  This document is subject to subsidiarity check. Deadline: 15 November 2010  Comments from the European Commission concerning opinions from national parliaments

Subsidiarity deadline: 12/12/2011
 
Scrutiny Information

Scrutiny date: 18/12/2012

  A reasoned opinion has been sent

No Important information to exchange

No Veto

Information on parliamentary scrutiny

 


COM (2010) 486 was referred to the Committee on Environment and Agriculture.

The Committee has concluded that the proposal is in breach of the principle of subsidiarity. A proposal for a reasoned opinion has been submitted to the Chamber for consideration in statement 2010/11:MJU7 Utdelning av livsmedel till de sämst ställda i unionen.

The Commission's reply to the statement from the Swedish Parliament has been received.


Referred to the Committee on Environment and Agriculture.

The Committee has concluded that the proposal is in breach of the principle of subsidiarity. A proposal for a reasoned opinion has been submitted to the Chamber for consideration in statement 2011/12:MJU8 Utdelning av livsmedel till de sämst ställda i unionen .

The statement has been debated and decided upon by the Chamber. Consideration concluded with the Chamber adopting a reasoned opinion.

The Commission's reply to the statement from the Swedish Parliament has been received.


Summary of statement 2011/12:MJU8

In this statement the Committee examines the Commission’s amended proposal for a regulation of the European Parliament and Council amending Council regulations (EC) No. 1290/2005 and (EC) No. 1234/2007, as regards distribution of food products to the most deprived persons in the Union (COM(2011)634 final). This proposal replaces an earlier proposal concerning the distribution of food products to the most deprived persons in the Union (COM (2010) 486 final). The Committee reminds the Commission of its earlier comments on distribution of food products to the most deprived persons in the Union in response to the Commission's proposal COM (2010) 486 final and COM (2010) 799 final as presented in the statements from the Committee on Environment and Agriculture 2010/11:MJU7 and 2010/11:MJU21. The Committee considered that both proposals were in breach of the principle of subsidiarity with regard to the parts concerning distribution of food products to the most deprived persons in the Union. The Committee finds it remarkable that none of the proposals has contained any reasoning as regards the principle of subsidiarity and that the Commission fails to fulfil this obligation which is of the greatest importance for achieving broad democratic confidence in the EU's decision-making process.

The Committee still considers that the legal grounds cited by the Commission for the proposal are incorrect, despite the fact that the Commission has added Article 175.3 of the Treaty on the Functioning of the European Union (EUF Treaty) and in so doing proposes that the proposal rests on a dual legal basis.

The Committee notes that the only reason the food security programme was introduced 20 years ago was the desire to make the best possible use of existing intervention stocks at the time. This reason no longer applies today as the intervention stocks have been more or less depleted. In the opinion of the Committee, the Commission's proposal means that the goals of the common agricultural policy are clearly being extended to include social policy measures that will be funded by means of budget funds intended for agricultural policy. Neither the purpose nor the content of the proposed legislative act can be said to be included in any of the goals of the common agricultural policy stated in Article 39 of the EUF Treaty. This opinion is also in line with what the European Court set out in case T-576/08.

Nor does the Committee consider that the purpose or the content of the proposed legislative act can be covered by any of the goals concerning economic, social and territorial cohesion enshrined in Article 174 of the same Treaty. Distributing food products to the most deprived persons in the Union is one means of many of helping individuals with economic difficulties, regardless of the region they are in. It is thus a social policy measure.

As the Riksdag has previously pointed out, the purpose of providing food products to the most deprived persons - which is primarily to do with social policy - can still be considered to be encompassed by the Union’s goals. According to the Treaties, however, social policy is primarily the responsibility of the member states. This is a responsibility that is often shared with authorities at the regional and local levels. Under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by the member states, either at central level or at regional and local level, and can therefore, by reason of the scale or effects of the proposed action, be better achieved at Union level. Regardless of the choice of legal basis, the goals of the planned action, which are mainly to do with social policy, can be sufficiently achieved by the member states, at the central, regional or local levels. The Riksdag thus considers that the proposal conflicts with the principle of subsidiarity.


Passed on to the Committee on Environment and Agriculture.


Lisbon Treaty procedures
 
  Reasoned opinion

10/11/2010 | Reasoned opinion of the Riksdag
A reasoned opinion on COM (2010) 486 was transmitted to the European Parliament, the Council and the Commission on 10 November 2010.

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