1972L0161 — EN — 22.11.1973 — 002.001 — 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
►M2Council Directive 73/358/EEC of 19 November 1973 L 326 17 27.11.1973
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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;
Whereas the objectives of the common agricultural policy set 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 States implement the common measures individu-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;
Whereas the 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 ofsucha ch oice;
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, as a result oftechnical progress and changing market requirements, changes ofpolicy in management, production and marketing have become essen-tial;
Whereas in many regions the inadequacy of vocational training facil-
ities is a bar to the efforts required to turn farmers into 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;
Whereas persons leaving 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 — 22.11.1973 — 002.001 — 2
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Whereas the proposed measures are in the Community's interest and
are intended to achieve the objectives set out in by Article 39 (1) (a)of the Treaty, including the structural changes necessary for the proper
functioning of the common market; whereas they therefore constitute
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 policies on agricultural structure, and involving, as regardsfinancial aspects, consultation withth e EAGGF Committee referred to
in Articles 11 to 15 of Regulation (EEC) No 729/70;
Whereas it is desirable that the European Parliament and the Council
be able, on the basis of a report submitted by the Commission, to
examine annually the effects of the national and Community measures
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 occupations and those 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,
witha greater degree of socio-economic guidance.
2. Member States may, acting in accordance withth e 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 incentives offered 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, suchservices to be eith er 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 — 22.11.1973 — 002.001 — 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 witha view to adjustment to
changing conditions;
(c) to put persons interested in changes of policy on their farms in
contact withth e 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 suchpersons, to th e competent specialised
services.
Article 4
1. The training of socio-economic counsellors as referred to in
Article 2 (b) must be suchas will enable persons withth e 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 problems of 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 States shall:
(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 means whereby the training received is to 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 farmers and 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 — 22.11.1973 — 002.001 — 4
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2. Member States may, acting in accordance withth e 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 as provided for in paragraph1;
— refrain from applying in certain regions all or some of the measures
provided for in Article 6.
Article 6
1. Schemes of encouragement as provided for in Article 5 shall
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. Suchcentres or courses must be eith er public orexpressly appointed and approved by Member States for the purpose
of providing the required training.
2. The minimum requirements which the aforesaid centres and
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 paragraph1;
— the award of grants or allowances to cover attendance at such
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 as provided in Article 43 (2) of the Treaty, shall lay down theconditions and criteria for the implementation of paragraph 1.1972L0161 — EN — 22.11.1973 — 002.001 — 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)
No729/70
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 texts of any provisions effectively implementing this Directive
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 objectives of this Directive 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 months following receipt of any draft
the Commission shall, after consulting the Standing Committee onAgricultural Structure, issue an opinion thereon.
4. Member States shall, immediately on the adoption of any law,
regulation or administrative provision as referred to in paragraph3,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 this Directive and to the need for a proper connection between thevarious measures, suchprovisions satisfy th e conditions for financialcontribution by the Community to common measures within themeaning of Article 8. Within two months following 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 matters forexamination. It shall decide by a majority of ►
M2forty-one ◄votes,
the votes of Member States being weighted as laid down in Article 148(2) of the Treaty. The Chairman shall not vote.1972L0161 — EN — 22.11.1973 — 002.001 — 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 monthfrom th e date of its communication.
The Council, voting as provided in Article 43 (2) of the Treaty, may
within that month adopt a different decision.
Article 12
1. The expenditure incurred by Member States for the purposes of
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 7500 units of account in respect of
each counsellor beginning his duties for the first time and fulfillingthe requirements laid down in Article 4; but expenditure in respectof any replacement for suchcounsellor during th e 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 units of account for eachcounsellor trained;
— 25% of the expenditure actually incurred in implementing Article 6
(3), up to an overall amount of 1 500 units of 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 rules for applying paragraph2 sh all 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 withaids 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 withArticle 7 (1) of Regulation (EEC) No 729/70.
3. Payments on account may be authorized by the Commission.
4. Detailed rules for applying this Article shall be adopted according
to the procedure laid down in Article 13 of Regulation (EEC) No 729/70.1972L0161 — EN — 22.11.1973 — 002.001 — 7
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Article 15
This Directive shall not affect the power of Member States to 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 amounts of which exceed the upper limits setherein, provided that such measures are in accordance with Articles92 to 94 of the Treaty.
Article 16
Before 1 August in eachyear th e national and Community measures in
force relating to this Directive shall be examined in the context of anannual report which the Commission shall submit to the EuropeanParliament and to the Council, and for which Member States shall
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 objectives of the common agricultural policy, their effect on theharmonious development of the regions of 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 States may lay down additional conditions as regards the
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 — 22.11.1973 — 002.001 — 8
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