Bringing the Ministerial Regulation in line with Commission guidance Sample Clauses

Bringing the Ministerial Regulation in line with Commission guidance. The use of guidance documents as a ‘rulemaking instrument’ does not immediately become clear from the text of the Ministerial Regulation: the Regulation does not contain explicit references to Commission guidance documents. A glimpse of direct payments guidelines is only given in the explanatory notes to amending decisions of the Ministerial Regulation where some traces of direct payments guidance documents have been found.69 For instance amending decision Stcrt. 2016, 16496 explains that a change to Article 2.2 that operationalises the concept of a minimum activity is made ‘in light of remarks made by the European Commission’.70 The explanatory note to the amending decision that gives rules on the definition of an ‘active farmer’ explains that this change is a ‘direct consequence of a stricter interpretation of the European Commission’.71 67 Interview 3 – National officials A and B; Interview 4 – National officials A and C. 68 Interview 3 – National officials A and B; Interview 4 – National officials A and C. 69 The search for explicit references in these explanatory notes to the amending decisions (only) revealed eight references to direct payment guidance documents or more indi- rectly to the ‘opinion’ of the European Commission. See Annex 1.2.1 70 Stcrt. 2016, 16496, p. 4. 71 See Stcrt. 2017, 13791, p. 4. These glimpses of direct payments guidelines reflect the ‘tip of the iceberg’. In practice, the direct payments guidelines are an important rule- making instrument to operationalise the complex direct payments rules. This was made clear by Dutch officials involved in the drafting process of the Ministerial Regulation as well as the policy rules (the latter will be discussed below). The officials explained that direct payments guidance documents regularly lead to amendments to the Ministerial Regulation and described various examples of such changes.72 The guidance documents are used to further operationalise and define the conditions under which direct payments are granted.73 With these general remarks in mind, we can set out to further explore the (often invisible) traces of direct payments guidelines in the Dutch Minis- terial Regulation. This section discusses some examples that illustrate how Commission guidelines find their way into the Dutch Ministerial Regula- tion.
Sample 1
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