1972L0161 — EN — 28.07.1973 — 001.001 — 1
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►B COUNCILDIRECTIVE
of17April1972
concerningtheprovisionofsocio-economicguidanceforandtheacquisitionofoccupationalskills
bypersonsengagedinagriculture
(72/161/EEC)
(OJ L 96, 23.4.1972, p. 15)
Amended by:
Official Journal
No page date
►M1Council Directive 73/210/EEC of 24 July 1973 L 207 48 28.7.1973
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COUNCILDIRECTIVE
of17April1972
concerning the provision of socio-economic guidance for and the
acquisitionofoccupationalskillsbypersonsengagedinagriculture
(72/161/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Whereasthe objectivesof the common agricultural policy s et out in
Article 39 (1) (a) and (b) of the Treaty can only be achieved througha reform of agricultural structures;
Whereas such structural reform is a basic factor in the development of
the common agricultural policy; whereas it should therefore be basedon a Community concept and on Community criteria;
Whereas, because of the diversity of their causes, nature and gravity,
structural problems in agriculture may require solutions which varyaccording to region and are capable of adjustment over a period oftime; whereas such solutions must contribute to the overall economicand social development of each region concerned; whereas the best
results can be achieved if, acting on the basis of Community concepts
and criteria, Member Statesimplement the common meas uresindividu-ally through their own legislative and administrative procedures, and if,in addition, they themselves determine, on the basis of conditions laiddown by the Community, the extent to which such measures should beintensified in or concentrated on certain regions;
Whereas agricultural structures cannot be reformed unless a large
number of those working in agriculture make a fundamental change intheir occupational orientation;
Whereasthe choice involved in any change of orientation within agri-
culture or in any transference to other occupations must be made withfull knowledge of existing opportunities and of the consequences ofsuch a choice;
Whereas, at present, in many regions of the Community it is difficult
for those working in agriculture to make such a choice, because theydo not have the necessary information available to them.
Whereas, if agriculture is to develop and specialise, a considerable rise
will be required in the level of general, technical and economic training
of the agricultural working population, particularly where, asa res ult oftechnical progress and changing market requirements, changes ofpolicy in management, production and marketing have become essen-tial;
Whereasin many regionsthe inadequacy of vocational training facil-
itiesisa bar to the effortsrequired to turn farmersinto modernbusiness managers and in general to provide farmers and their labour,whether hired or family, with occupational skills;
Whereas, in order to meet the needs of a developing agricultural
industry, vocational training centres must draw up and adapt theirprogrammes, and set and adjust the level and type of training requiredof their teaching staff, in accordance with minimum criteria laid downby Member States;
Whereaspers onsleaving agriculture are generally obliged to acquire
new vocational skills and are able to do this only if an income is guar-anteed to them during the period which they have to devote toretraining courses;1972L0161 — EN — 28.07.1973 — 001.001 — 2
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Whereas the proposed measures are in the Community's interest and
are intended to achieve the objectivess et out in by Article 39 (1) (a)of the Treaty, including the structural changes necessary for the proper
functioning of the common market; whereasthey therefore cons titute
common measures within the meaning of Article 6 of Council Regula-tion (EEC) No 729/70 (
1) on the financing of the common agricultural
policy;
Whereas, inasmuch as the Community contributes to the financing of
the common measures, it must be in a position to ascertain that theprovisions adopted by Member States for the implementation of thosemeasures will contribute towards achievement of the objectives thereof;
whereas, to this end, provision should be made for a procedure estab-
lishing close cooperation between Member States and the Commissionwithin the Standing Committee on Agricultural Structure set up byArticle 1 of the Council Decision of 4 December 1962 (
2) on the coor-
dination of policieson agricultural s tructure, and involving, asregardsfinancial aspects, consultation with the EAGGF Committee referred to
in Articles11 to 15 of Regulation (EEC) No 729/70;
Whereasit isdes irable that the European Parliament and the Council
be able, on the basis of a report submitted by the Commission, to
examine annually the effectsof the national and Community meas ures
taken, so that they may assess the need to supplement or adapt thesystem introduced hereunder;
HAS ADOPTED THIS DIRECTIVE:
TITLE I
Provision of socio-economic guidance for the agricultural popula-
tion
Article 1
1. In order to enable persons engaged in agriculture to take decisions
on their future occupationsand thos e of their children with full knowl-edge of all the relevant facts, Member States shall set up schemesdesigned to provide farmers and their labour, both hired and family,
with a greater degree of socio-economic guidance.
2. Member Statesmay, acting in accordance with the general provi-
sions adopted hereafter by the Council under the procedure laid down
in Article 43 of the Treaty:
— vary according to region the financial incentivesoffered under
schemes as provided for in paragraph 1;
— refrain from applying in certain regions all or some of the measures
provided for in Article 2.
Article 2
Schemes as provided for in Article 1 shall comprise:
(a) the creation and development of services providing socio-economic
guidance, such services to be either public or expressly appointedand approved for that purpose by Member States; or the creationand development within services already existing of special depart-ments for the provision of such guidance;
(b) the bearing by the Member States of the cost of training socio-
economic counsellors, including where necessary grants or allow-
ances to cover attendance at courses of instruction or in-servicetraining.1972L0161 — EN — 28.07.1973 — 001.001 — 3
(1) OJ No L 94, 28.4.1970, p. 13.
(2) OJ No 136, 17.12.1962, p. 2892/62.
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Article 3
In providing socio-economic guidance, the express aim of the services
and special departments referred to in Article 2 (a) shall be:
(a) to inform generally the agricultural population as to the possibili-
ties open to them for improving their socio-economic situation;
(b) to study and examine individual cases with a view to adjustment to
changing conditions;
(c) to put persons interested in changes of policy on their farms in
contact with the competent advisory service;
(d) to give to those concerned information and advice on the following
matters:
continuation of an occupation in agriculture;
choice of an occupation outside agriculture;retirement from all occupational activity;
(e) to inform those concerned as to the opportunities existing for
persons engaged in agriculture to receive further training and as to
the prospects for their children in agriculture and in other occupa-tions;
(f) to direct interested persons, according to the decisions contem-
plated or taken by such persons, to the competent specialised
services.
Article 4
1. The training of socio-economic counsellors as referred to in
Article 2 (b) must be such as will enable persons with the appropriate
background training and sufficient experience in agricultural matters to
supplement their technical knowledge and to acquire sufficient knowl-edge — or improve that which they already possess — with regard to:
— economic and human problems;
— the problemsof the region where they are to work;— the possibilities open to the persons concerned under the relevant
legal and social provisions.
2. The minimum requirements which the courses of instruction and
training referred to in Article 2 (b) must satisfy before they may beapproved shall be laid down by the Member States, and in particularMember Statess hall:
(a) specify the qualifications for admission to a course;
(b) lay down minimum programmes of training for counsellors;
(c) specify the minimum length of courses;
(d) determine the meanswhereby the training received isto be
attested;
(e) determine the structure of courses, both as regards the quality of
training to be given and as regards the cost and amount of suchtraining.
TITLE II
Acquisitionofoccupationalskillsbypersonsengagedinagriculture
Article 5
1. In order to enable persons aged eighteen or over engaged in agri-
culture to acquire new agricultural skills, or to improve those which
they already possess, so that they can integrate into modern agriculture,Member States shall set up schemes to encourage the vocationaladvancement and adaptation of farmersand hired and family agricul-tural workers.
Such chemes shall not cover the normal agricultural courses of study
organised as part of secondary or higher education systems.1972L0161 — EN — 28.07.1973 — 001.001 — 4
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2. Member Statesmay, acting in accordance with the general provi-
sions to be adopted hereafter by the Council under the procedure laiddown in Article 43 of the Treaty:
— vary according to region the operation of schemes of encourage-
ment asprovided for in paragraph 1;
— refrain from applying in certain regions all or some of the measures
provided for in Article 6.
Article 6
1. Schemesof encouragement asprovided for in Article 5 s hall
consist of measures designed to give persons engaged in agriculturefurther training of a general, technical and economic nature.
Such measures shall be carried out through the medium of training
centres, or in-service training courses, providing basic or advancedvocational training. Such centres or courses must be either public orexpressly appointed and approved by Member States for the purpose
of providing the required training.
2. The minimum requirementswhich the afores aid centresand
courses must satisfy before they may be approved shall be fixed bythe Member States, and in particular Member States shall:
(a) specify the qualifications for admission to a centre or course;
(b) lay down minimum programmes, and in particular the importance
to be given to technical and economic training respectively;
(c) specify the duration of the training to be given, having regard to
the particular type of training in question and to the objectivesenvisaged in Article 5;
(d) determine the structure of courses, both as regards the quality of
training to be given and as regards the cost and amount of such
training.
3. For the purpose of carrying out the measures provided for in para-
graph 1 Member States shall make the necessary provision for:
— the establishment and development of centres or courses as referred
to in paragraph 1;
— the award of grantsor allowancesto cover attendance at s uch
centres or courses.
TITLE III
Vocational retraining of persons engaged in agriculture who wish
totakeupanoccupationoutsideagriculture
Article 7
1. Pending the entry into force of the decision to be taken by the
Council in pursuance of the Council Decision of 1 February 1971 (1)
on the reform of the European Social Fund, which will empower that
body to provide funds for the assistance of persons working in agricul-ture, Member States shall, for the purpose of enabling such personswishing to take up occupations outside agriculture to attend vocationalretraining courses, introduce schemes of aids sufficient to provide those
concerned with an income for the duration of their retraining course
and to enable them to become or remain eligible to receive socialsecurity benefit. Such aids may not however cover the actual paymentof social security benefit.
2. The Council, acting on a proposal from the Commission and
voting asprovided in Article 43 (2) of the Treaty, s hall lay down theconditionsand criteria for the implementation of paragraph 1.1972L0161 — EN — 28.07.1973 — 001.001 — 5
(1) OJ No L 28, 4.2.1971, p. 15.
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TITLE IV
Financialandgeneral provisions
Article 8
The measures provided for in this Directive constitute common
measures within the meaning of Article 6 (1) of Regulation (EEC)
No 729/70
Article 9
1. The estimated time required for carrying out the common
measures is ten years.
2. Five years after this Directive takes effect, the aforesaid measures
shall be re-examined by the Council upon a proposal from theCommission.
3. The total contribution by the EAGGF to the cost of the common
measures is estimated at 110 million units of account for the first fiveyears.
4. The provisions of Article 6 (5) of Regulation (EEC) No 729/70
shall apply to this Directive.
Article 10
1. Member States shall forward to the Commission:
— drafts of all laws, regulations or administrative provisions which
they propose to adopt in pursuance of this Directive;
— the textsof any provis ionseffectively implementing thisDirective
existing prior to the date on which it takes effect.
2. When submitting pursuant to paragraph 1 drafts of laws, regula-
tions or administrative provisions or the texts of existing provisions,Member States shall also submit an explanatory memorandum showing
the relationship at regional level between the measure in question and
economic and structural conditions.
3. The Commission shall examine drafts forwarded in accordance
with the first indent of paragraph 1 for the purpose of determiningwhether, having regard to the objectivesof thisDirective and to theneed for a proper connection between the various measures, such draftscomply with the Directive and thus satisfy the conditions for financialcontribution by the Community to common measures within the
meaning of Article 8. Within two monthsfollowing receipt of any draft
the Commission shall, after consulting the Standing Committee onAgricultural Structure, issue an opinion thereon.
4. Member Statess hall, immediately on the adoption of any law,
regulation or administrative provision as referred to in paragraph 3,forward the text thereof to the Commission.
Article 11
1. With regard to provisions the texts of which are forwarded
pursuant to the second indent of Article 10 (1) or to Article 10 (4),
the Commission shall examine whether, having regard to the objectivesof thisDirective and to the need for a proper connection between thevarious measures, such provisions satisfy the conditions for financialcontribution by the Community to common measures within themeaning of Article 8. Within two monthsfollowing receipt of any
text, the Commission representative shall, after consulting the EAGGF
Committee on the financial aspects of the provision, submit a draftdecision thereon to the Standing Committee on Agricultural Structure.
2. The Committee shall issue its opinion within a time limit to be
fixed by the Chairman according to the urgency of the mattersforexamination. It shall decide by a majority of twelve votes, the votesof Member Statesbeing weighted aslaid down in Article 148 (2) ofthe Treaty. The Chairman shall not vote.1972L0161 — EN — 28.07.1973 — 001.001 — 6
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3. The Commission shall adopt the decision. However, if the deci-
sion is not in accordance with the opinion issued by the Committee, itshall immediately be communicated to the Council. In that event, the
Commission may defer application of the decision for a period not
exceeding one month from the date of itscommunication.
The Council, voting asprovided in Article 43 (2) of the Treaty, may
within that month adopt a different decision.
Article 12
1. The expenditure incurred by Member Statesfor the purpos esof
any measure taken under Article 2, Article 6 (3), or Article 7, shall beeligible, up to the amounts specified in paragraph 2, for assistance fromthe Guidance Section of the EAGGF.
2. The Guidance Section of the EAGGF shall refund to Member
States:
— 25% of a standard amount of 7 500 units of account in respect of
each counsellor beginning his duties for the first time and fulfillingthe requirementslaid down in Article 4; but expenditure in res pectof any replacement for such counsellor during the period of opera-tion of the common measures shall not be eligible for assistance
from the EAGGF;
— 25% of the expenditure actually incurred in connection with the
measures provided for in Article 2 (b), up to an overall amount of4 500 unitsof account for each couns ellor trained;
— 25% of the expenditure actually incurred in implementing Article 6
(3), up to an overall amount of 1 500 unitsof account for each
farmer or agricultural worker having completed a course of voca-
tional training or advanced vocational training;
— 25% of the expenditure actually incurred in connection with any
scheme as provided for in Article 7. This provision shall applyonly until the entry into force of the decision to be taken by theCouncil in pursuance of Article 4 of the Council Decision of 1
February 1971 on the reform of the European Social Fund, which
will empower that body to provide funds for the assistance ofpersons working in agriculture who wish to take up occupationsoutside agriculture.
3. Detailed rulesfor applying paragraph 2 s hall be adopted
according to the procedure laid down in Article 13 of Regulation(EEC) No 729/70.
Article 13
1. Measures taken by Member States shall not be eligible to benefit
from financial contribution by the Community unless a favourable
decision under Article 11 has been given in respect of the provisionsrelating thereto.
2. Financial contribution by the Community shall be only in respect
of eligible expenditure arising in connection with aids granted in pursu-
ance of decisions taken after the date on which this Directive takeseffect.
Article 14
1. Applications for reimbursement shall relate to expenditure
incurred by Member States in the course of a calendar year and shall
be submitted to the Commission before 1 July of the following year.
2. The granting of aid from the Fund shall be decided upon in accor-
dance with Article 7 (1) of Regulation (EEC) No 729/70.
3. Payments on account may be authorized by the Commission.
4. Detailed rulesfor applying thisArticle s hall be adopted according
to the procedure laid down in Article 13 of Regulation (EEC) No 729/70.1972L0161 — EN — 28.07.1973 — 001.001 — 7
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Article 15
ThisDirective s hall not affect the power of Member Statesto take, in
respect of matters coming within the scope of this Directive, additional
measures of aid the terms or conditions of which differ from those laid
down herein, or the amountsof which exceed the upper limitss etherein, provided that such measures are in accordance with Articles92 to 94 of the Treaty.
Article 16
Before 1 August in each year the national and Community measures in
force relating to thisDirective s hall be examined in the context of anannual report which the Commission shall submit to the EuropeanParliament and to the Council, and for which Member Statess hall
send all necessary documentation to the Commission.
The Council shall evaluate the effects of such measures, taking into
consideration the rate of structural development required to achievethe objectivesof the common agricultural policy, their effect on theharmoniousdevelopment of the regionsof the Community and thefinancial implications of the measures in question.
If necessary, it shall, acting under the procedure laid down in Article
43 of the Treaty, adopt appropriate provisions.
Article 17
Member Statesmay lay down additional conditionsasregardsthe
implementation of the measures of aid provided for in this Directive.
Article 18
The Member States shall bring into force the measures necessary to
comply herewith not later than 31 December 1973.
Article 19
This Directive is addressed to the Member States.1972L0161 — EN — 28.07.1973 — 001.001 — 8
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