Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulations (EC) No 2008/97, (EC) No 779/98 and (EC) No 1506/98 in the field of imports of olive oil and other agricultural products from Turkey as regards the delegated and implementing powers to be conferred on the Commission
Date: 2011-12-21
Institutions: European Commission
Subjects: Türkiye, agricultural product, association agreement (EU), delegated legislation, import (EU), olive oil, power of implementation

EUROPEAN COMMISSION 

Brussels, 21.12.2011 
COM(2011) 918 final 

2011/0453 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulations (EC) No 2008/97, (EC) No 779/98 and (EC) No 1506/98 in 
the field of imports of olive oil and other agricultural products from Turkey as regards 
the delegated and implementing powers to be conferred on the Commission 

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Articles  290  and  291  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU) 
distinguish two different types of Commission acts: 

Article  290  of  the  TFEU  allows  the  legislator  to  delegate  to  the  Commission  the  power  to 
adopt non-legislative acts of general application to supplement or amend certain non-essential 
elements of a legislative act. Legal acts adopted by the Commission in this way are referred to 
in the terminology used by the Treaty as "delegated acts" (Article 290(3)). 

Under Article 291 of the TFEU, Member States adopt all measures of national law necessary 
to  implement  legally  binding  Union  acts.  Those  acts  confer  implementing  powers  on  the 
Commission where uniform conditions for implementing them are needed. Legal acts adopted 
by  the  Commission  in  this  way  are  referred  to  in  the  terminology  used  by  the  Treaty  as 
"implementing acts" (Article 291(4)). 

The  objective  of  the  present  proposal  consists  in  aligning  three  Council  Regulations  in  the 
field of imports of olive oil and other agricultural products from Turkey with those provisions 
of the TFEU.  

It is proposed to delegate the Commission the power to adopt acts in accordance with Article 
290  of  the  Treaty  in  order  to  supplement  or  amend  certain  non-essential  elements  of 
Regulation (EC) No 2008/97, which are determined by the Legislator, in particular as regards 
the amounts of duty reduction, or where a new agreement is concluded with Turkey.  

Council Regulations (EC) No 2008/97 confers powers on the Commission allowing it to adopt 
measures necessary to implement the rules for the application of the special arrangements for 
imports  of  olive  oil  and  other  agricultural  products  originating  in  Turkey.  It  also  confers 
powers on the Commission to adopt adjustments to this Regulation, should the detailed rules 
provided for in the relevant Association Agreement be amended. 

Council  Regulation  (EC)  No  779/98  of  7  April  1998  on  the  import  into  the  Community  of 
agricultural products originating in Turkey1 confers powers on the Commission allowing it to 
adopt implementing measures for the application of the import regime for products listed in 
Annex I to the Treaty which originate in Turkey and which are allowed for importation into 
the Union under the conditions laid down in Decision No 1/98 of the EC-Turkey Association 
Council. 

Council Regulation (EC) No 1506/98 of 13 July 1998 establishing a concession in the form of 
a Community tariff quota for Turkey in 1998 in respect of hazelnuts and suspending certain 
concessions2
 confers powers on the Commission allowing it to repeal the measures referred to 
in  Article  2  of  that  Regulation,  once  the  barriers  to  preferential  exports  from  the  Union  to 
Turkey have been lifted. 

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the 
Commission  under  those  regulations  need  to  be  aligned.  It  is  necessary  to  re-classify  the 

1 
2 

OJ L 113, 15.4.1998, p. 1. 
OJ L 200, 16.7.1998, p. 1. 

EN 

2 

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powers  conferred  upon  the  Commission  into  delegated  and  implementing  powers  and  to 
amend the regulations above.  

2. 

RESULTS  OF  CONSULTATIONS  WITH  THE  INTERESTED  PARTIES 
AND IMPACT ASSESSMENTS 

There  was  no  need  for  consultation  of  interested  parties  or  for  an  impact  analysis  since  the 
proposal  to  align  Council  Regulations  (EC)  No  2008/97,  (EC)  No  779/98  and  (EC)  No 
1506/98  with  the  TFEU  is  an  inter-institutional  matter  that  will  concern  all  Council 
Regulations. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the Proposal  

Alignment of Regulations (EC) No 2008/97, (EC) No 779/98 and (EC) No 1506/98 
with the new provisions foreseen under Articles 290 and 291 of the Treaty, following 
the entry into force of the Lisbon Treaty.  

• 

Legal basis 

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

4. 

BUDGETARY IMPLICATIONS 

The proposal has no financial impact on budgetary expenditure and revenue. 

5. 

OPTIONAL ELEMENTS  

There are no optional elements. 

EN 

3 

   EN 

 
2011/0453 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulations (EC) No 2008/97, (EC) No 779/98 and (EC) No 1506/98 in 
the field of imports of olive oil and other agricultural products from Turkey as regards 
the delegated and implementing powers to be conferred on the Commission 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

Council Regulation (EC) No 2008/97 of 9 October 1997 laying down certain rules for 
the  application  of  the  special  arrangements  for  imports  of  olive  oil  and  certain  other 
agricultural  products  originating  in  Turkey3  confers  powers  on  the  Commission 
allowing it to adopt measures necessary to implement the rules for the application of 
the  special  arrangements  for  imports  of  olive  oil  and  other  agricultural  products 
originating in Turkey. It also confers powers on the Commission to adopt adjustments 
to  that  Regulation,  should  the  arrangements  provided  for  in  the  relevant  Association 
Agreement be amended.  

Council  Regulation  (EC)  No  779/98  of  7  April  1998  on  the  import  into  the 
Community  of  agricultural  products  originating  in  Turkey4  confers  powers  on  the 
Commission  allowing  it  to  adopt  implementing  measures  for  the  application  of  the 
import regime for products listed in Annex I to the Treaty on the Functioning of the 
European  Union  (the  Treaty),  which  originate  in  Turkey  and  which  are  allowed  for 
importation into the Union under the conditions laid down in Decision No 1/98 of the 
EC-Turkey Association Council. 

(3) 

Council Regulation (EC) No 1506/98 of 13 July 1998 establishing a concession in the 
form  of  a  Community  tariff  quota  for  Turkey  in  1998  in  respect  of  hazelnuts  and 
suspending  certain  concessions5
  confers  powers  on  the  Commission  allowing  it  to 

3 
4 
5 

OJ L 284, 16.10.1997, p. 17. 
OJ L 113, 15.4.1998, p. 1. 
OJ L 200, 16.7.1998, p. 1. 

EN 

4 

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(4) 

(5) 

(6) 

repeal  the  measures  referred  to  in  Article  2  of  that  Regulation,  once  the  barriers  to 
preferential exports from the Union to Turkey have been lifted. 

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred 
upon the Commission under Regulations (EC) No 2008/97, (EC) No 779/98 and (EC) 
No 1506/98 need to be aligned to Articles 290 and 291 of the Treaty. 

In  order  to  supplement  or  amend  certain  non-essential  elements  of  Regulation  (EC) 
No 2008/97,  the  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty 
should  be  delegated  to  the  Commission  in  respect  of  the  adoption  of  the  resulting 
adjustments necessary for that Regulation where the present conditions of the special 
arrangements provided for in the Association Agreement are amended, in particular as 
regards  the  amounts,  or  where  a  new  agreement  is  concluded.  It  is  of  particular 
importance  that  the  Commission  carry  out  appropriate  consultations  during  its 
preparatory  work,  including  at  expert  level.  The  Commission,  when  preparing  and 
drawing-up  delegated  acts,  should  ensure  a  simultaneous,  timely  and  appropriate 
transmission of relevant documents to the European Parliament and Council.  

In  order  to  ensure  uniform  conditions  for  the  implementation  of  Regulations  (EC) 
No 2008/97, (EC) No 779/98 and (EC) No 1506/98, the relevant implementing powers 
should  be  conferred  on  the  Commission.  Those  powers  should  be  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 and general principles concerning 
mechanisms  for  control  by  Member  States  of  the  Commission’s  exercise  of 
implementing powers6. 

(7) 

Regulations (EC) No 2008/97, (EC) No 779/98 and (EC) No 1506/98 should therefore 
be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 2008/97 is amended as follows: 

(1) 

Articles 7 and 8 are replaced by the following 

"Article 7 

The Commission shall, by means of implementing acts, adopt measures necessary to 
implement the rules for the application of the special import arrangements laid down 
in this Regulation. Those implementing acts shall be adopted in accordance with the 
examination  procedure  referred 
in  Article  [323(2)]  of  Regulation  (EU) 
No [xxxx/yyyy] of the European Parliament and of the Council [aligned Single CMO 
Regulation]*. 

to 

6 

OJ L 55, 28.2.2011, p. 13. 

EN 

5 

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Article 8 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  8a  for  the  purpose  of  adopting  the  resulting  adjustments  necessary  for  this 
Regulation where the present conditions of the special arrangements provided for in 
the  Association  Agreement  are  amended,  in  particular  as  regards  the  amounts,  or 
where a new agreement is concluded.  

------------------------ 

* OJ L …, …, p. "  

(2) 

The following Article 8a is inserted: 

"Article 8a  

1. 

2. 

3. 

The power to adopt the delegated acts is conferred on the Commission subject 
to the conditions laid down in this Article.  

The  delegation  of  power  referred  to  in  Article  8  shall  be  conferred  on  the 
Commission for an indeterminate period of time from [insert date of entry into 
force of this amending Regulation]  

The delegation of powers referred to in Article 8 may be revoked at any time 
by the European Parliament or by the Council. A decision of revocation shall 
put an end to the delegation of the power specified in that decision. It shall take 
effect the day following the publication of the decision in the Official Journal 
of the European Union or at a later date specified therein. It shall not affect the 
validity of any delegated acts already in force. 

4.  As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

simultaneously to the European Parliament and to the Council. 

5.  A delegated act adopted pursuant to Article 8 shall enter into force only if no 
objection has been expressed either by the European Parliament or the Council 
within  a  period  of  two  months  of  notification  of  that  act  to  the  European 
Parliament and the Council or if, before the expiry of that period, the European 
Parliament and the Council have both informed the Commission that they will 
not object. That period shall be extended by two months at the initiative of the 
European Parliament or the Council." 

Article 1 of Regulation (EC) No 779/98 is replaced by the following: 

Article 2 

"Article 1 

The Commission shall, by means of implementing acts, adopt rules necessary for the 
application of the import regime for products listed in Annex I to the Treaty on the 

EN 

6 

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Functioning  on  the  European  Union  which  originate  in  Turkey  and  which  are 
imported into the Union under the conditions laid down in Decision No 1/98 of the 
EC-Turkey  Association  Council.  Those  implementing  acts  shall  be  adopted  in 
accordance  with  the  examination  procedure  referred  to  in  Article  [323(2)]  of 
Regulation  (EU)  No  [xxxx/yyyy  ]  of  the  European  Parliament  and  of  the  Council 
[aligned Single CMO Regulation]*. 

------------------- 

* 

OJ L …, …, p. " 

Article 3 of Regulation (EC) No 1506/98 is replaced by the following: 

Article 3 

"Article 3 

The Commission shall, by means of an implementing act, confirm the termination of 
the  suspension  referred  to  in  Article  2  once  the  barriers  to  the  preferential  exports 
from the Union to Turkey have been lifted. That implementing act shall be adopted 
in  accordance  with  the  examination  procedure  referred  to  in  Article  [323(2)]  of 
Regulation  (EU)  No  [xxxx/yyyy  ]  of  the  European  Parliament  and  of  the  Council 
[aligned Single CMO Regulation]*. 

------------------- 

* 

OJ L …, …, p. " 

Article 4 

This  Regulation  shall  enter  into  force  on  the  X  day  following  that  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 Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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