Abstract
The CAP is a fundamental policy area which has experienced profound changes since its establishment in the early years of EU integration – changes in nature, organization and power balance between the EU and national level. Within this policy area, the principle of mutual recognition is traditionally considered inapplicable. However, the increasing decentralisation of the CAP and subsequent regaining of regulatory powers by the Member States may pave the way for a more significant application of this principle. Mutual recognition also finds application in some sectoral legislation in the field. Thus, the objective of this contribution is to reflect on the role of the principle of mutual recognition in light of this evolution and, in doing so, highlighting the correlations between this principle, pre-emption and decentralisation in EU agri-food law.
Original language | English |
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Pages (from-to) | 135-157 |
Journal | Review of European Administrative Law |
Volume | 13 |
Issue number | 3 |
DOIs | |
Publication status | Published - Sept 2020 |
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In: Review of European Administrative Law, Vol. 13, No. 3, 09.2020, p. 135-157.
Research output: Contribution to journal › Article › Academic › peer-review
TY - JOUR
T1 - Mutual Recognition, Pre-emption and De-centralisation in the Common Agricultural Policy
AU - Volpato, Annalisa
N1 - Funding Information: 91 See Regulation 1234/2007. Not all the CMOS are replaced by the Single CMO: See recital 8 of the Regulation, which implies the continued existence of the fruit and vegetables, processed fruit and vegetables, and the wine CMOs. 92 R Schütze, ‘Reforming the “CAP”: From Vertical to Horizontal Harmonisation’ (2009) 28 Yearbook of European Law 337, 355. See also COM (2008) 306 final. 93 Council Regulation (EC) No 72/2009 of 19 January 2009 on modifications to the Common Agricultural Policy by amending Regulations (EC) No 247/2006, (EC) No 320/2006, (EC) No 1405/2006, (EC) No 1234/2007, (EC) No 3/2008 and (EC) No 479/2008 and repealing Regu-lations (EEC) No 1883/78, (EEC) No 1254/89, (EEC) No 2247/89, (EEC) No 2055/93, (EC) No 1868/94, (EC) No 2596/97, (EC) No 1182/2005 and (EC) No 315/2007 [2009] OJ L30/1; Regu-lation 73/2009 and Council Regulation (EC) No 74/2009 of 19 January 2009 amending Reg-ulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) [2009] OJ L 30/100. 94 Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 [2009] OJ L347/608 [Regulation 1307/2013]. 95 Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Develop-ment (EAFRD) and repealing Council Regulation (EC) No 1698/2005 [2013] OJ L347/487. 96 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, [2013] OJ L347/371 [Regulation 1308/2013]. 97 Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 [2013] OJ L347/549. The legal framework is complemented by a wide array of delegated and implementing acts of the Commission: See, for an overview, JA McMahon, EU Agricultural Law and Policy (Edward Elgar 2019) 30-32. 98 The Commission proposed an extension already in October 2019: See Commission, ‘Proposal for a regulation laying down certain transitional provisions for the support by the European Agricultural Fund for Rural Development (EAFRD) and by the European Agricultural Guarantee Fund (EAGF) in the year 2021 and amending Regulations (EU) No 228/2013, (EU) No 229/2013 and (EU) No 1308/2013 as regards resources and their distribution in respect of the year 2021 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards their resources and application in the year 2021’ (Proposal/Communication) COM(2019) Funding Information: 581 final. An informal agreement between the lawmakers has been reached in July 2020: See G Fortuna, ‘Lawmakers agreed to delay post-2020 CAP by two years’ (Euractiv, 1 July 2020) <www.euractiv.com/section/agriculture-food/news/lawmakers-agreed-to-delay-post-2020-cap-by-two-years/> accessed 15 September 2020. 99 Commission, ‘Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing rules on support for strategic plans to be drawn up by Member States under the Common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Regulation (EU) No 1307/2013 of the European Parliament and of the Council’ (Proposal) COM(2018) 392 final (CAP Strategic Plans Regulation); Com-mission, ‘Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013’ (Proposal) COM(2018) 393 (CAP Horizontal Regulation) and Commission, ‘Proposal for a REGULATION OF THE EUROPEAN PARLIA-MENT AND OF THE COUNCIL amending Regulations (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products, (EU) No 1151/2012 on quality schemes for agricultural products and foodstuffs, (EU) No 251/2014 on the definition, descrip-tion, presentation, labelling and the protection of geographical indications of aromatised wine products, (EU) No 228/2013 laying down specific measures for agriculture in the outermost regions of the Union and (EU) No 229/2013 laying down specific measures for agriculture in favour of the smaller Aegean islands’ (Proposal) COM(2018) 394 (CMO Amending Regulation). 100 R Barents, The Agricultural Law of the EC (Kluwer 1994) 365. 101 Commission, ‘Agenda 2000: For a stronger and wider Union’ (Communication) COM(97) 2000 final, 26. Publisher Copyright: PARIS LEGAL PUBLISHERS © 2020.
PY - 2020/9
Y1 - 2020/9
N2 - The CAP is a fundamental policy area which has experienced profound changes since its establishment in the early years of EU integration – changes in nature, organization and power balance between the EU and national level. Within this policy area, the principle of mutual recognition is traditionally considered inapplicable. However, the increasing decentralisation of the CAP and subsequent regaining of regulatory powers by the Member States may pave the way for a more significant application of this principle. Mutual recognition also finds application in some sectoral legislation in the field. Thus, the objective of this contribution is to reflect on the role of the principle of mutual recognition in light of this evolution and, in doing so, highlighting the correlations between this principle, pre-emption and decentralisation in EU agri-food law.
AB - The CAP is a fundamental policy area which has experienced profound changes since its establishment in the early years of EU integration – changes in nature, organization and power balance between the EU and national level. Within this policy area, the principle of mutual recognition is traditionally considered inapplicable. However, the increasing decentralisation of the CAP and subsequent regaining of regulatory powers by the Member States may pave the way for a more significant application of this principle. Mutual recognition also finds application in some sectoral legislation in the field. Thus, the objective of this contribution is to reflect on the role of the principle of mutual recognition in light of this evolution and, in doing so, highlighting the correlations between this principle, pre-emption and decentralisation in EU agri-food law.
U2 - 10.7590/187479820X16007576818870
DO - 10.7590/187479820X16007576818870
M3 - Article
SN - 1874-7981
VL - 13
SP - 135
EP - 157
JO - Review of European Administrative Law
JF - Review of European Administrative Law
IS - 3
ER -