Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 774/94 opening and providing for the administration of certain Community tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues
Date: 2011-12-21
Institutions: European Commission
Subjects: agricultural by-product, beef, import (EU), import licence, meslin, pigmeat, poultrymeat, quality control of agricultural products, tariff quota, wheat

EUROPEAN COMMISSION 

Brussels, 21.12.2011 
COM(2011) 906 final 

2011/0445 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 774/94 opening and providing for the 
administration of certain Community tariff quotas for high-quality beef, and for 
pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues 

 
 
  
 
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)). 

Article  291  of  the  TFEU  allows  Member  States  to  adopt  all  measures  of  national  law 
necessary  to  implement  legally  binding  Union  acts.  Those  acts  can  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  Council  Regulation  (EC)  No. 
774/94 of 29 March 1994 opening and providing for the administration of certain Community 
tariff quotas for high-quality beef, and for pigmeat, poultrymeat, wheat and meslin, and brans, 
sharps and other residues to Articles 290 and 291 of the Treaty.  

Regulation  (EC)  No  774/94  confers  powers  on  the  Commission  allowing  it  to  adopt  the 
necessary  implementing  measures.  It  also  confers  powers  on  the  Commission  to  adopt 
adjustments  to  that  Regulation,  should  the  volumes  and  other  conditions  of  quota 
arrangements  be  adjusted,  in  particular  by  a  decision  to  approve  an  agreement  with  one  or 
more third countries.  

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred upon the 
Commission under Regulation (EC) No 774/94 need to be aligned to Articles 290 and 291 of 
the Treaty on the Functioning of the European Union. 

In order to ensure uniform conditions for the implementation of Regulation (EC) No 774/94, 
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 powers. 

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  Regulation  (EC)  774/94  with  the  TFEU  is  an  inter-institutional 
matter that will concern all Council Regulations. 

EN 

2 

   EN 

 
3. 

LEGAL ELEMENTS OF THE PROPOSAL 

• 

Summary of the Proposal  

Alignment  of  Regulation  (EC)  No  774/94  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 IMPLICATION  

The proposal has no budgetary impact. 

5. 

OPTIONAL ELEMENTS  

There are no optional elements. 

EN 

3 

   EN 

 
2011/0445 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 774/94 opening and providing for the 
administration of certain Community tariff quotas for high-quality beef, and for 
pigmeat, poultrymeat, wheat and meslin, and brans, sharps and other residues 

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) 

(3) 

Council  Regulation  (EC)  No  774/941  confers  powers  on  the  Commission  in  order  to 
implement some of the provisions of that Regulation.  

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred 
upon the Commission under Regulation (EC) No 774/94 need to be aligned to Articles 
290 and 291 of the Treaty on the Functioning of the European Union. 

In order to supplement or amend certain non-essential elements of Regulation (EC) No 
774/94, 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  adjustments  to  that 
Regulation,  should  the  volumes  and  other  conditions  of  quota  arrangements  be 
adjusted, in particular by a decision to approve an agreement with one or more third 
countries.  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.  

(4) 

In order to ensure uniform conditions for the implementation of Regulation (EC) No 
774/94,  implementing  powers  should  be  conferred  on  the  Commission  in  respect  of 
the  adoption  of  rules  necessary  for  the  administration  of  the  quota  arrangements 
referred to  in that Regulation. Those  powers should be exercised in accordance with 

1 

OJ L 91, 8.4.1994, p. 1. 

EN 

4 

   EN 

 
                                                 
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 powers2. 

(5) 

Regulation (EC) No 774/94 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 774/94 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 rules necessary for the 
administration  of  the  quota  arrangements  referred  to  in  this  Regulation  and,  as 
appropriate:  

(a) 

the provisions guaranteeing the nature, provenance and origin of the product;  

(b) 

the  provision  relating  to  the  recognition  of  the  document  allowing  the 
guarantees referred to in point (a) to be verified, and  

(c) 

the issue of import licences and their term of validity. 

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]*. 

Article 8 

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article  8a  for  the  purpose  of  adopting  the  resulting  adjustments  to  this  Regulation, 
should the volumes and other conditions of the quota arrangements referred to in this 
Regulation be adjusted, in particular by a decision to approve an agreement with one 
or more third countries. 

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

* 

OJ L …, …, p. " 

(2) The following Article 8a is inserted: 

2 

OJ L 55, 28.2.2011, p. 13. 

EN 

5 

   EN 

 
 
 
 
 
                                                 
"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 2  

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 

EN 

6 

   EN