Regulation (EU) No 1231/2011 of the European Parliament and of the Council of 16 November 2011 amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policy
Regulation (EU) No 1231/2011 of the European Parliament and of the Councilof 16 November 2011amending Council Regulation (EC) No 378/2007 as regards the rules for the implementation of voluntary modulation of direct payments under the common agricultural policyTHE 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 43(2) thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national parliaments,Having regard to the opinion of the European Economic and Social CommitteeOJ C 132, 3.5.2011, p. 87.,Acting in accordance with the ordinary legislative procedurePosition of the European Parliament of 13 September 2011 (not yet published in the Official Journal) and decision of the Council of 20 October 2011.,Whereas:(1)Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmersOJ L 95, 5.4.2007, p. 1. confers on the Commission powers to implement certain provisions of that Regulation.(2)As a consequence of the entry into force of the Treaty of Lisbon, the powers conferred on the Commission under Regulation (EC) No 378/2007 need to be aligned with Articles 290 and 291 of the Treaty on the Functioning of the European Union.(3)In order to ensure uniform conditions for the implementation of Regulation (EC) No 378/2007 in the Member States concerned, implementing powers should be conferred on the Commission.(4)The implementing powers relating to the adoption of specific provisions for the integration of voluntary modulation in the rural development programming and for the financial management of voluntary modulation 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 powersOJ L 55, 28.2.2011, p. 13..(5)The Commission should, by means of implementing acts and, given their special nature, acting without the application of Regulation (EU) No 182/2011, fix the net amounts resulting from the application of voluntary modulation.(6)Regulation (EC) No 378/2007 should therefore be amended accordingly,HAVE ADOPTED THIS REGULATION: