REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 and pursuant to 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
Date: 2019-09-27
Institutions: Directorate-General for Agriculture and Rural Development, European Commission
Subjects: Aegean Islands, Greece, agricultural product, agricultural production, aid to agriculture, delegated legislation, peripheral region, powers of the institutions (EU), regional aid, security of supply

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 27.9.2019  COM(2019) 436 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL On the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) No 247/2006 and pursuant to 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  
 
 
Contents 
1.  REGULATION (EU) NO 228/2013 OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL OF 13 MARCH 2013 LAYING DOWN SPECIFIC MEASURES FOR AGRICULTURE IN THE 
OUTERMOST REGIONS OF THE UNION AND REPEALING COUNCIL REGULATION (EC) NO 247/2006 ..... 1 

1.1. 

Introduction ................................................................................................................................. 1 

1.2.  Legal Basis.................................................................................................................................... 2 

1.3.  Exercise of Delegation ................................................................................................................. 2 

1.4.  Conclusions .................................................................................................................................. 3 

2.  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 ........... 3 

2.1. 

Introduction ................................................................................................................................. 3 

2.2.  Legal Basis.................................................................................................................................... 4 

2.3.  Exercise of Delegation ................................................................................................................. 4 

2.4.  Conclusions .................................................................................................................................. 4 

1.  REGULATION  (EU)  NO  228/2013  OF  THE  EUROPEAN  PARLIAMENT  AND  OF  THE 
COUNCIL  OF 13 MARCH 2013  LAYING  DOWN  SPECIFIC  MEASURES  FOR  AGRICULTURE  IN 
THE OUTERMOST REGIONS OF THE UNION AND REPEALING COUNCIL REGULATION (EC) NO 
247/2006 

1.1.  Introduction 
Regulation (EU) No 228/2013 of the European Parliament and of the Council1 lays down specific 
measures for agriculture in the outermost regions of the Union. 

Article 12(2) empowers the Commission to adopt delegated acts determining the conditions for 
recording  operators  in  a  register  held  by  the  competent  authorities  and  providing  for  the  full 
exercise by operators of their rights to participate in the specific supply arrangements. 

Article  19(4)  empowers  the  Commission  to  adopt  delegated  acts  regarding  the  conditions  for 
establishing  the  amount  of  aid  awarded  in  respect  of  the  marketing  of  products  outside  the 
production  region  and,  where  appropriate,  the  conditions  for  establishing  the  quantities  of 
products subject to this aid.  

Article  21(3)  empowers  the  Commission  to  adopt  delegated  acts  regarding  the  conditions  for 
exercising  the  right  to  use  the  logo  specific  to  the  outermost  regions  and  for  reproducing  and 

1  

Regulation (EU) No 228/2013 of the European Parliament and of the Council of 13 March 2013 laying down 
specific measures for agriculture in the outermost regions of the Union and repealing Council Regulation (EC) 
No 247/2006, OJ L 78, 20.3.2013, p. 23 

1 

 
 
 
                                                           
using it, in order to improve awareness of high-quality agricultural products from the outermost 
regions  and  to  increase  the  consumption  thereof,  regardless  of  whether  those  products  are 
processed or non-processed. 

Article 26(4) empowers the Commission under certain conditions to adopt delegated acts to allow 
in the French overseas departments of Martinique, Guadeloupe and French Guiana the production 
of UHT milk reconstituted from milk powder originating in the Union. 

Article 27(2) empowers the Commission to adopt delegated acts laying down the conditions for 
the exemption from import duties on bovine animals for fattening and consumption in the French 
overseas departments and Madeira.  

Article  30(4)  empowers  the  Commission  to  adopt  delegated  acts  concerning  the  conditions  for 
determining  the  annual  maximum  amount  which  may  be  allocated  to  measures  for  financing 
studies, demonstration projects, training and technical assistance. 

1.2.  Legal Basis 

The  report  is  required  under  Article  33(2).  Pursuant  to  this  provision,  the  power  to  adopt 
delegated acts referred to referred to in Articles 12(2), 19(4), 21(3), 26(4), 27(2) and 30(4) shall 
be conferred on the Commission for a period of five years from 21 March 2013. The Commission 
shall draw up a report in respect of the delegation of power not later than nine months before the 
end of the five-year period. The delegation of power is tacitly extended for periods of an identical 
duration,  unless  the  European  Parliament  or  the  Council  opposes  such  extension  not  later  than 
three months before the end of each period. 

1.3.  Exercise of Delegation 

The Commission has adopted one delegated act on the basis of Articles 12(2), 19(4), 21(3), 27(2) 
and 30(4): Commission Delegated Regulation (EU) No 179/20142. This delegated act provides 
for rules for the register of operators, for rules for the amount of aid awarded for the marketing of 
products outside the production region, for rules regarding the marketing aid for tomatoes and for 
rice, for rules for the use of the logo, the right to use it and the conditions for reproducing and 
using it, for conditions for the exemption from import duties for young male bovine animals and 
for  the  maximum  amount  to  finance  studies,  demonstration  projects,  training  or  technical 
assistance measures. 
In  line  with  the  common  understanding  on  delegated  acts3,  Member  States’  experts  were 
consulted in the Expert Group for Direct Payments – sub-group on POSEI and Smaller Aegean 
Islands.  The  Commission  adopted  Delegated  Regulation  (EU)  179/2014  on  6  November  2013 
and  the  Regulation  was  notified  to  the  European  Parliament  and  the  Council.  Neither  the 
European Parliament nor the Council issued any objection to the Delegated Regulation. After the 

2  

Commission  Delegated  Regulation  (EU)  No 179/2014  of  6 November  2013  supplementing  Regulation  (EU) 
No 228/2013 of the European Parliament and of the Council with regard to the register of operators, the amount 
of aid for the marketing of products outside the region, the logo, the exemption from import duties for certain 
bovine  animals  and  the  financing  of  certain  measures  relating  to  specific  measures  for  agriculture  in  the 
outermost regions of the Union, OJ L 63, 4.3.2014, p. 3 

3   Common Understanding on delegated acts from 2011 (not published). 

2 

 
 
                                                           
expiry  of  the  two-month  period,  the  Commission  Delegated  Regulation  (EU)  179/2014  was 
published in the Official Journal of the European Union L 63 of 4 March 2014 and entered into 
force on 7 March 2014. 

The empowerment of Article 26 (4) has not been used, because France has not demonstrated any 
expediency of allowing the production of UHT milk reconstituted from milk powder originating 
in the Union for the French overseas departments of Martinique, Guadeloupe and French Guiana.  

The  Commission  does  not  intend  to  use  the  empowerment  in  the  near  future,  but  it  cannot  be 
excluded that it will become necessary.  

1.4.  Conclusions 

The  Commission  has  exercised  its  delegated  powers  correctly.  It  cannot  be  excluded  that  the 
empowerments will be needed in future. 

2.  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 

2.1.  Introduction 
Regulation (EU) No 229/2013 of the European Parliament and of the Council4 lays down specific 
measures for agriculture in favour of the smaller Aegean Islands. 

Article 11(2) empowers the Commission to adopt  delegated acts determining the conditions for 
recording  operators  in  a  register  held  by  the  competent  authorities  and  providing  for  the  full 
exercise by operators of their rights to participate in the specific supply arrangements. 

Article  15(4)  obliges  the  Commission  to  adopt  delegated  acts  concerning  the  conditions  for 
establishing the 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 quantities of products subject to that 
aid. 

Article  18(4)  obliges  the  Commission  to  adopt  delegated  acts  concerning  the  conditions  for 
determining  the  annual  maximum  amount  which  may  be  allocated  to  measures  for  financing 
studies, demonstration projects, training and technical assistance, provided that such allocation is 
reasonable and proportionate. 

4  

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, OJ L 78, 20.3.2013, p. 41 

3 

 
 
                                                           
2.2.  Legal Basis 

The  report  is  required  under  Article  21(2).  Pursuant  to  this  provision,  the  power  to  adopt 
delegated acts referred to in Article 11(2), 15(4) and 18(4) shall be conferred on the Commission 
for a period of five years from 21 March 2013. The Commission shall draw up a report in respect 
of the delegation of power not later than nine months before the end of the five-year period. The 
delegation of power is tacitly extended for periods of an identical duration, unless the European 
Parliament or the Council opposes such extension not later than three months before the end of 
each period. 

2.3.  Exercise of Delegation 

The Commission has adopted one delegated act on the basis of Articles 11(2), 15(4) and 18(4): 
Commission  Delegated  Regulation  (EU)  No  178/20145.  This  delegated  act  provides  for  rules 
regarding  the  register  of  operators,  for  the  amount  of  aid  for  marketing  outside  the  production 
region  and  for  the  maximum  amount  to  finance  studies,  demonstration  projects,  training  or 
technical assistance measures. 
In line with the common understanding on delegated acts6, Member States were consulted in the 
Expert  Group  for  Direct  Payments  –  sub-group  on  POSEI  and  Smaller  Aegean  Islands.  The 
Commission  adopted  Delegated  Regulation  (EU)  178/2014  on  6  November  2013  and  the 
Regulation was notified to the European Parliament and the Council to allow these institutions to 
express  objection  within  two  months  from  the  notification  of  the  act.  Neither  the  European 
Parliament nor the Council issued any objection to the Delegated Regulation. After the expiry of 
the  two-month  period,  the  Commission  Delegated  Regulation  (EU)  178/2014  was  published  in 
the  Official  Journal  of  the  European  Union  L  63  of  4  March  2014  and  entered  into  force  on  7 
March 2014. 

The  Commission  does  not  intend  to  use  the  empowerment  in  the  near  future,  but  it  cannot  be 
excluded that it will become necessary-.  

2.4.  Conclusions 

The  Commission  has  exercised  its  delegated  powers  correctly.  It  cannot  be  excluded  that  the 
empowerments will be needed in future. 

The Commission invites the European Parliament and the Council to take note of this Report. 

5  

Commission  Delegated  Regulation  (EU)  No  178/2014  of  6  November  2013  supplementing  Regulation  (EU) 
No 229/2013 of the European Parliament and of the Council laying down specific measures for agriculture in 
favour of the smaller Aegean islands, OJ L 63, 4.3.2014, p. 1 

6   See footnote 3. 

4