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II. AGRICULTURE

Published online by Cambridge University Press:  21 October 2009

Michael Cardwell
Michael Cardwell
Affiliation:
Faculty of Law, University of Leeds.
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Type
Current Developments: European Union Law
Information
International & Comparative Law Quarterly , Volume 58 , Issue 4 , October 2009 , pp. 993 - 1002
Copyright
Copyright © 2009 British Institute of International and Comparative Law

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References

1 FAO, Crop Prospects and Food Situation: No 2, April 2008 (FAO, Rome, 2008) 6–7.

2 ibid Table 3.

3 ‘Food price crisis imperils 100 million in poor countries, Zoellick says’ World Bank News & Broadcast 14 April 2008 <http://web.worldbank.org/WBSITE/EXTERNAL/NEWS/>. See also the background note, World Bank Rising Food Prices: Policy Options and World Bank Response (World Bank,Washington DC, 2008).

4 Council Regulation 1107/2007 [2007] OJ L 253/1.

5 For the ‘Health Check’ of the CAP Reform see post.

6 Agriculture: European Union Suspends Import Duties on Most Cereals Press Release IP/07/1977 Brussels (20 December 2007).

7 EC Treaty Art 33(1)(a),(d) and (e). It may also be noted that food security is stated to be a legitimate non-trade concern in the Preamble to the Uruguay Round Agreement on Agriculture.

8 For the initial policy document see European Commission, Mid-term Review of the Common Agricultural Policy COM(2002)394.

9 European Commission COM(2005)509.

10 See respectively Council Regulation 1290/2005 [2005] OJ L 209/1 and Council Regulation 1698/2005 [2005] OJ L 277/1; and see also ‘Current Developments—European law: Agriculture’ (2006) 55 ICLQ 467–475.

11 See eg CAP Reform: Commission Steps Up Efforts to Simplify the Common Agricultural Policy Press Release IP/06/1296 Brussels (2 October 2006).

12 Speaking Points on Simplification Speech /09/125 Brussels (18 May 2009).

13 This distinction may be seen at, eg European Commission, Communication from the Commission on Simplification and Better Regulation for the Common Agricultural Policy COM(2005)509, 2: ‘technical simplification (ie within a constant policy framework) implies revision of the legal framework, administrative procedures and management mechanisms to achieve streamlining and greater cost-effectiveness and attain existing policy objectives more effectively, without changing the underlying policies; “policy simplification” reduces complexity through improvements to the agricultural support and rural development policy instruments’. See also generally European Commission, Communication from the Commission to the European Parliament and the Council: A Simplified CAP for Europe—A Success for All COM(2009)128.

14 Council Regulation 1234/2007 [2007] OJ L 299/1.

15 See eg European Commission, Communication from the Commission to the Council and the European Parliament: Preparing for the “Health Check” of the CAP Reform COM(2007)722, 3.

16 For the extensive list of measures consequently repealed see the Single Common Market Organisation Regulation [2007] OJ L 277/1 art 201.

17 [2003] OJ L 270/1. For clear statement of this change in approach see the Single Common Market Organisation Regulation [2007] OJ L 277/1 Preamble (5).

18 For subsequent completion of reform of the fruit and vegetables sector see Council Regulation 1182/2007 [2007] OJ L 273/1; and for subsequent completion of reform of the wine sector see Council Regulation 479/2008 [2008] OJ L 148/1.

19 Single Common Market Organisation Regulation [2007] OJ L 299/1 Preamble (9).

20 ibid Preamble (7).

21 ibid.

22 [2003] OJ L 270/1 (now replaced, following the ‘Health Check’ of the CAP Reform, by Council Regulation 73/2009 [2009] OJ L 30/16, for which see post).

23 [2005] OJ L 209/1.

24 [2005] OJ L 277/1.

25 European Commission, Communication from the Commission on Simplification and Better Regulation for the Common Agricultural Policy COM(2005)509, 3.

26 art 33(2)(a).

27 Council Regulation 1698/2005 [2005] OJ L 277/1 Preamble (5).

28 See eg Case C-428/07 R (on the application of Horvath) v Secetary of State for Environment, Food and Rural Affairs (16 July 2009) (relating to regional implementation of the Single Farm Payment in the United Kingdom and, in particular, the extent to which such implementation may amount to discrimination as between farmers in the different regions of the United Kingdom).

29 See, eg D Bianchi, La Politique Agricole Commune (PAC): Toute la Pac, Rien d'Autre que la PAC (Bruylant, Brussels 2006) 287–374; and, for the negotiating process, see, eg M Cardwell, The European Model of Agriculture (Oxford University Press, Oxford, 2004) 159–174.

30 The Health Check of the Common Agricultural Policy: fit for new opportunities—Presentation of the Health Check at the Agricultural Committee of the European Parliament Speech/07/727 Brussels (20 November 2007).

31 See eg the incremental increases of milk quotas in preparation for their scheduled expiry on 31 March 2015: Single Common Market Organisation Regulation [2007] OJ L 299/1 Annex IX.1, as amended by Council Regulation 72/2009 L30/1.

32 Commissioner Fischer Boel, A Few Things That You Need to Know About the CAP Health Check: DG AGRI Seminar on Health Check Review of the CAP Speech/07/791 Brussels (6 December 2007).

33 Council Regulation 1782/2003 [2003] OJ L 270/1 Art 71.

34 ibid Arts 58–59.

35 For a survey of implementation in the various Member States, see eg D Bianchi (n 29) 355–358.

36 Council Regulation 73/2009 [2009] OJ L 30/16 Preamble (32).

37 ibid art 45.

38 ibid Arts 46–47, in this case there may again be the option of revising payment a entitlements: art 48.

39 Council Regulation 1782/2003 [2003] OJ L 270/1 Annex VI.

40 ibid, Annex VI, as amended by Council Regulation 864/2004 [2004] OJ L 206/20.

41 ibid, Annex VI, as amended by Council Regulation 319/2006 [2006] OJ L 58/32.

42 ibid Annex VI, as amended by Council Regulation 2013/2006 [2006] OJ L 384/13.

43 ibid Annex VI, as amended by Council Regulation 1182/2007 [2007] OJ L 273/1.

44 ibid Annex VII, as amended by Council Regulation 479/2008 [2008] OJ L 148/1.

45 As had been available under Council Regulation 1782/2003 [2003] OJ L 270/1 Arts 76–78. See now Council Regulation 73/2009 [2009] OJ L 30/16 (and, in particular, Arts 63 and 64 and Annexes XI and XII).

46 As had been available under Council Regulation 1782/2003 [2003] OJ L 270/1 Arts 64–68. For a survey of partial implementation in the various Member States see eg European Commission COM(2008)306, Explanatory Memorandum.

47 Council Regulation 73/2009 [2009] OJ L 30/16 (and, in particular, Arts 63 and 65 and Annex XI).

48 Council Regulation 1782/2003 [2003] OJ L 270/1 Arts 3–5 and Annexes III and IV. See also D Bianchi, ‘Cross compliance: The New Frontier in Granting Subsidies to the Agricultural Sector in the European Union’ (2007) 19 Georgetown International Environmental Law Review 817–828.

49 See eg European Commission, Mid-term Review of the Common Agricultural Policy COM(2002)394, 2.

50 Council Regulation 73/2009 [2009] OJ L 30/16 Preamble (3) and (4).

51 Council Directive 79/409 [1979] OJ L 103/1.

52 For the full range of amendments contrast Council Regulation 1783/2003 [2003] OJ L 270/1 Arts 3–5 and Annexes III and IV and Council Regulation 73/2009 [2009] OJ L 30/16 Arts 4–6 and Annexes II and III. It may be noted that, even if in principle a standard required for good agricultural and environmental condition became optional, exceptions were provided where a Member State had defined a minimum requirement before 1 January 2009 and/or where national rules addressing the standard were applied in the Member State.

53 Council Regulation 73/2009 [2009] OJ L 30/16 Preamble (6) and Annex III.

54 Council Regulation 1782/2003 [2003] OJ L 270/1 Art 10(1).

55 Commission Decision 2006/588 of 29 August 2006 [2006] OJ L 240/6.

56 See, in particular, Council Regulation 378/2007 [2007] OJ L 95/1.

57 The Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 SI 2005/219 Reg 11, as amended by the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations 2007 SI 2007/3182. Lower additional percentages were stipulated for in other regions of the United Kingdom: see eg the Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2005 SI 2005/143 Reg 10, as amended by the Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2007 SI 2007/414, where the additional rate was not to rise above 9 per cent.

58 For these new challenges, considered below, see Council Regulation 1698/2005 [2005] OJ L 277/1, as amended by Council Regulation 74/2009 [2009] OJ L 30/100; and Council Decision 2006/144 of 20 February 2006 [2006] OJ L 55/20, as amended by Council Decision 2009/61 of 19 January 2009 OJ [2009] L 30/112.

59 European Commission, Communication from the Commission to the Council and the European Parliament: Preparing for the “Health Check” of the CAP Reform COM (2007)722, 10.

60 Council Regulation 73/2009 [2009] OJ L 30/16 art 7(1). National ceilings were imposed to prevent farmers in Member States which had implemented voluntary modulation from being subject to very high levels of reduction in their direct payments: ibid Art 8.

61 ibid art 7(2).

62 ibid Preamble (11).

63 For proposals in favour of redistributive modulation see European Commission, The Development and Future of the CAP COM(91)100, 12; and European Commission, Mid-term Review of the Common Agricultural Policy COM(2002)394, 23 (proposing a cap of €300,000).

64 See eg European Commission, Communication from the Commission to the Council and the European Parliament: Preparing for the “Health Check” of the CAP Reform COM(2007)722, 6–7.

65 Council Regulation 73/2009 [2009] OJ L 30/16 Preamble (5) and Annex III. For a useful overview of these issues see eg Rural Payments Agency and Natural England, Recapturing the Environmental Benefits of Set-aside: Executive Summary of XC1 Final Implementation Report (Rural Payments Agency and Natural England London 2008) <http://www.defra.gov.uk/corporate/consult/gaec/rpa-ne-report08.pdf>(accessed on 24 April 2009).

66 Council Regulation 73/2009 [2009] OJ L 30/16 Preamble (35). In addition, under the rural development regime provision has been made for measures accompanying restructuring of the dairy sector: Council Regulation 1698/2005 [2005] OJ L 277/1 Art 16a(1)(e), as amended by Council Regulation 74/2009 [2009] OJ L 30/100.

67 Council Regulation 1698/2005 [2005] OJ L 277/1 Art 16a(1)(a)–(d), as amended by Council Regulation 74/2009 [2009] OJ L 30/100.

68 ibid Annex II, as amended by Council Regulation 74/2009 [2009] OJ L 30/100.

69 Council Regulation 73/2009 [2009] OJ L 30/16 Preamble (42): ‘[d]ue to recent developments in the bio-energy sector and, in particular, to the strong demand for such products on international markets and the introduction of binding targets for the share of bio-energy in total fuel by 2020, there is no longer sufficient reason to grant specific support for energy crops’.

70 Council Decision 2006/144 of 20 February 2006 [2006] OJ L 55/20, as amended by Council Decision 2009/61 of 19 January 2009 [2009] OJ L 30/112.

71 The extent to which agriculture may be part of the problem had been highlighted in the FAO report, Steinfeld et al, Livestock's Long Shadow—Environmental Issues and Problems (FAO, Rome, 2006), which found that 18 per cent of greenhouse gas emissions were attributable to the livestock sector (more than the percentage attributable to transport): at xxi.

72 Council Decision 2006/144 of 20 February 2006 [2006] OJ L 55/20 Annex para 2.5(iii), as amended by Council Decision 2009/61 of 19 January 2009 [2009] OJ L 30/112. See also eg European Commission, Communication from the Commission: Halting the Loss of Biodiversity by 2010—and Beyond: Sustaining Ecosystem Services for Human Well-being COM(2006)216, 7–8.

73 European Commission, Communication from the Commission to the Council and the European Parliament: Preparing for the ‘Health Check’ of the CAP Reform COM(2007) 722, 3.

74 See eg Special Eurobarometer 294, Europeans, Agriculture and the Common Agricultural Policy (European Commission, Brussels, 2008) 294.

75 In respect of the agriculture negotiations see the Revised Draft Modalities for Agriculture, TN/AG/W/4/Rev.3, 10 July 2008.

76 TN/AG/W/4/Rev.4, 6 December 2008.

77 ibid 2.

78 On the basis that it is ‘de-coupled income support’ within para 6 of Annex 2 to the Uruguay Round Agreement on Agriculture.

79 Council Regulation 73/2009 [2009] OJ L 30/16 Arts 70 and 71.

80 See eg European Commission COM(2008)306, Explanatory Memorandum (proposing that such measures should be subject to financial ceilings, unless with certainty they met the conditions of the ‘Green Box’ (ie within Annex 2 to the Uruguay Round Agreement on Agriculture)).