1976L0625 — EN — 21.01.2000 — 002.001 — 1
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►B COUNCIL DIRECTIVE
of 20July 1976
concerning the statistical surveys to be carried out by the Member States in order to determine the
production potential of plantations of certain species of fruit trees
(76/625/EEC)
(OJ L 218, 11.8.1976, p. 10)
Amended by:
Official Journal
No page date
►M1Council Directive 77/159/EEC of 14 February 1977 L 48 31 19.2.1977
►M2Council Directive 81/1015/EEC of 15 December 1981 L 367 31 23.12.1981
►M3Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M4Council Directive 86/84/EEC of 25 February 1986 L 77 32 22.3.1986
►M5Council Directive 86/652/EEC of 18 December 1986 L 382 16 31.12.1986
►M6Commission Regulation (EEC) No 1057/91 of 26 April 1991 L 107 11 27.4.1991
►M7Directive 1999/87/EC of the European Parliament and of the Council of
23 November 1999L 16 72 21.1.2000
Amended by:
►A1Act of Accession of Greece L 291 17 19.11.1979
►A2Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
COUNCIL DIRECTIVE
of 20July 1976
concerning the statistical surveys to be carried out by the Member
States in order to determine the production potential of plantations
of certain species of fruit trees
(76/625/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(1),
Whereas the Commission, in order to perform the task conferred upon it
by the Treaty and by Community provisions governing the commonorganization of the market in fruit and vegetables, needs to be kept wellinformed on the production potential of plantations of certain species of
fruit trees within the Community and to have available medium-term
estimates of production and supply on the markets;
Whereas surveys of fruit tree plantations are currently carried out only
by some Member States; whereas these surveys do not permit theprecise, uniform and synchronized observation of the production and
supply of fruit on the markets; whereas a medium-term estimate of
production and supply on the markets is at present made only by someMember States;
Whereas it is therefore advisable to carry out surveys concurrently in all
Member States on plantations of fruit trees of the same species in
accordance with the same criteria and with comparable accuracy;whereas new plantations attain their full yield only after a certainnumber of years; whereas these surveys should therefore be repeatedevery five years; whereas in this way reliable statistics may be obtainedon production potential taking account of the fruit trees which are not
yet productive;
Whereas, in theory, surveys should be limited to undertakings in which a
minimum area of 1 500 square metres is planted with apple, pear, peachor orange trees, with a view to fruit production for sale; whereas
orchards of less than 1 500 square metres in area may be disregarded
because of their negligible influence on market supply;
Whereas uniform surveys should be carried out in each Member State on
the main varieties of each species of fruit, endeavouring at the same timeto establish subdivisions according to variety which are as complete as
necessary;
Whereas, since the annual calculations of production potential must be
based on the results of these surveys, indications as to the age of treesand the density of plantation should also be obtained; whereas theseresults must be notified to the Commission as rapidly as possible;
Whereas the preparation of medium-term estimates requires that each
year Member States should estimate and notify the Commission of thearea of fruit trees which has been cleared; whereas the Commissionshould also be sent details every year of new plantations of fruit trees of
the abovementioned species;
Whereas, in any Member State where, since the last survey on fruit tree
plantations, exceptionally extensive clearing has been noted, special andmore detailed surveys should be carried out on the volume of clearingand the results thereof notified to the Commission;1976L0625 — EN — 21.01.2000 — 002.001 — 2
(1) OJ No C 159, 12. 7. 1976, p. 40.
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Whereas consideration should also be given to statistics resulting from
the application of certain Community measures for reorganizingCommunity fruit production;
Whereas the Commission must submit reports so that the Council may
examine to what extent the surveys and estimates carried out enable theobjective of this Directive to be achieved and must suggest, whereappropriate, that methods should be aligned;
Whereas the previous surveys carried out between 1969 and 1974 by the
six original Member States in compliance with Directive 71/286/EEC(
1)
were not synchronized; whereas surveys of fruit tree plantations have
not been carried out in a uniform manner or at all by the three new
Member States;
Whereas the experience acquired in previous surveys of fruit tree
plantations has shown that it is necessary to introduce a certainflexibility into the statistical classification of the technical characteristicsto be surveyed;
Whereas it is necessary to ensure that when this Directive is applied
cooperation between Member States and the Commission will be as
effective as possible; whereas the detailed rules for the application of theDirective must be adopted after an opinion has been given by theStanding Committee for Agricultural Statistics set up by Decision 72/279/EEC(
2);
Whereas the procedure to be followed by the Standing Committee for
Agricultural Statistics should be laid down;
Whereas the financial responsibility of the Community should be
defined with regard to expenditure incurred by the Member States forthe first survey provided for by this Directive,
HAS ADOPTED THIS DIRECTIVE:
Article 1
1. Member States shall carry out in 1987, and each fifth year
thereafter, in the spring, surveys on plantations of fruit trees existing on
their territory for the production of dessert apples and pears, except for
purely non-dessert varieties of apples and pears, peaches, apricots,oranges, lemons and small-fruited citrus. The survey on plantations ofpurely non-dessert varieties of apples and pears shall be optional.
For the purposes of paragraph 2 of this Article and of Articles 2, 3, 5 and
6, the group of small-fruited citrus (mandarins, including tangerines andsatsumas, clementines, wilkings and other similar citrus hybrids) shall be
regarded as one species.
Austria, Finland and Sweden shall carry out the surveys referred to in
the preceding subparagraphs for the first time before 31 December 1997.
2. The survey provided for in paragraph 1 shall apply to all
undertakings having an area planted with the species of fruit trees
referred to in paragraph 1, provided that the area covers at least 1 500square metres and that the fruit produced are entirely or mainly intendedfor sale.
The survey shall cover pure and mixed crops, that is to say plantations of
fruit trees of several of the species referred to in paragraph 1 or of one ormore of them together with other species.
The survey shall also cover areas cultivated not only for fruit production
but also for other kinds of agricultural production, provided fruit trees ofthe species referred to in paragraph 1 are the main crop.1976L0625 — EN — 21.01.2000 — 002.001 — 3
(1) OJ No L 179, 9. 8. 1971, p. 21.
(2) OJ No L 179, 7. 8. 1972, p. 1.▼M5
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3. The survey may either be exhaustive or based on random
sampling.
Article 2
1. In carrying out the surveys provided for in Article 1, the following
characteristics are to be noted in respect of the species of fruit referred toin Article 1 (1).
These surveys must be organized so that the results may be presented in
various combinations of these characteristics.
A.Variety of fruit
For each species of fruit, and in order of importance, enough
varieties must be shown to enable a separate assessment to be madefor each Member State, by variety, of at least 80 % of the total areaplanted with fruit trees of the species in question and, in any case, allvarieties representing 3 % or more of the total area planted with fruit
trees of the species in question.
The survey relating to peach trees and apricot trees shall be carried
out in Greece, Spain, France, Italy and Portugal only. The surveyrelating to orange trees, lemon trees and small-fruited citrus treesshall be carried out in Greece, Spain, France, Italy and Portugal only,in so far as any of the abovementioned species of citrus fruit exists in
significant quantities on the territory of the Member State concerned.
B.Age of trees
Age of trees must be calculated from the time of their planting in the
orchard. The planting season extending from the autumn to the
spring shall be considered as a single period. When there has been
double grafting, the time when this was carried out shall be thedetermining factor.
C.Net area planted, number of trees and density of plantation
The surveyors or departments responsible for analysing the
questionnaries (SIC! questionnaires) shall determine the class of
the density of plantation by the net area planted and the number of
trees.
The actual density of plantation may also be surveyed and quoted
directly.
However, the United Kingdom is not required to determine the
density of plantation when conducting the 1982 survey.
2. If the Member States, in respect of the areas planted with fruit trees
referred to in Article 1 (1), take note of additional characteristicscomplying with the purpose of this Directive, bearing for example onstock, the shapes of trees and the height of the trunk, the results mustalso be notified to the Commission, in so far as they are reliable.
3. Detailed rules for applying this Article, in particular those
concerning the classes of age and of density of plantation, shall beadopted in accordance with the procedure laid down in Article 9.
Article 3
1. Member States shall take appropriate measures to limit mistakes of
reporting and, if necessary, to estimate their effect on the whole of the
area planted with fruit trees of each species.
2. So far as the results of the surveys carried out by random sampling
are concerned, Member States shall take every measure to ensure thatsampling errors at the 68 % confidence level shall, at the most, be of the1976L0625 — EN — 21.01.2000 — 002.001 — 4
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order of 3 % for the whole of the national area planted with fruit trees of
each species.
Article 4
1. Member States shall notify the Commission of the results of the
surveys drawn up in the prescribed form as rapidly as possible, and inany case before 1 April of the year following that in which the surveywas carried out.
2. The results referred to in paragraph 1 must be supplied for each
production area. The boundaries of the production areas to be adoptedfor Member States shall be fixed in accordance with the procedure laid
down in Article 9.
3. Sampling errors together with any mistakes discovered in reporting
as referred to in Article 3 must be notified before 1 June of the yearfollowing that in which the survey was carried out.
4. Member States which process their survey information electro-
nically shall submit the results referred to in paragraph 1 in a machine-
readable form to be determined in accordance with the procedure laid
down in Article 9.
Article 5
1. Member States shall make annual estimates of the areas of fruit
trees of the species referred to in Article 1 (1) cleared in their territoryand shall notify the results of their estimates to the Commission by 31
March of the following year at the latest. In so far as possible, these
estimates must distinguish between varieties.
If surveys have been conducted on the extent of the clearing, results
shall be notified to the Commission ►
M2by 31 March of the following
year at the latest ◄.
2. If, within a Member State, the clearing referred to in paragraph 1
has been particularly extensive and if precise details on that subject arelacking, the Member States concerned shall, at the request of and incooperation with the Commission, carry out surveys in the spring of thefollowing year on the extent of the clearing carried out on its nationalterritory since the last survey on the areas planted with fruit trees of the
species referred to in Article 1 (1). The Member State concerned shall
notify the results of the survey to the Commission within eight monthsafter carrying it out. This provision shall not be applicable during thesurvey years fixed in Article 1 (1), nor in the year preceding orfollowing the survey year.
3. Statistics obtained by applying other Community measures
concerning the clearing of areas planted with the species referred to inArticle 1 (1) must be taken into consideration.
4. Notwithstanding paragraph 1, Germany is authorized to delay the
production of statistics relating to the territory of the former GermanDemocratic Republic until 1993.
Article 6
1. Member States shall make annual estimates of the areas of fruit
trees of the species referred to in Article 1 (1) planted in their territoryand shall notify the results of their estimates to the Commission by 31March of the following year at the latest. In so far as possible, theseestimates must distinguish between varieties.1976L0625 — EN — 21.01.2000 — 002.001 — 5
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2. Statistics obtained by applying other Community measures
concerning plantations of fruit trees of the species referred to in Article1 (1) must be taken into consideration.
3. Notwithstanding paragraph 1, Germany is authorized to delay the
production of statistics relating to the territory of the former GermanDemocratic Republic until 1993.
Article 7
The Commission shall study the following in consultation and standing
collaboration with Member States:
(a) the results supplied,
(b) the technical problems raised, in particular by preparing and
carrying out the surveys and the notifications,
(c) the significance of the findings of the surveys and notifications.
Article 8
The Commission shall submit to the European Parliament and the
Council, within one year after notification of the results by MemberStates, a report on experience acquired during the first survey in theenlarged Community; the Commission shall also submit to them from 1January 1977 annual reports on the subject of Articles 5 and 6.
The Commission shall, where appropriate, submit proposals to the
Council with a view to the harmonization of the methods used by theMember States. The Council shall act on these proposals by a qualifiedmajority.
Article 8 a
The measures provided for in Articles 5 and 6, and the annual reports
provided for in Article 8, shall be optional.
Article 9
1. Where the procedure laid down in this Article is to be followed,
the Chairman shall refer the matter to the Standing Committee for
Agricultural Statistics (hereinafter called the ‘Committee’), either on hisown initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time limit which the Chairmanmay lay down according to the urgency of the matter. The opinion shallbe delivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decisions which the Council is required to adopt on aproposal from the Commission. The votes of the representatives of the
Member States within the Committee shall be weighted on the manner
set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the proposed measures when they
are in accordance with the opinion of the Committee.
(b) When the proposed measures are not in accordance with the
opinion of the Committee or in the absence of any opinion, theCommission shall immediately submit to the Council a proposal
for the measures to be taken. The Council shall decide by a
qualified majority.
(c) If after three months no decision has been taken by the Council
the proposed measures shall be adopted by the Commission.1976L0625 — EN — 21.01.2000 — 002.001 — 6
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Article 10
1. Contributions to the expenditure incurred by the Member States on
the 1977 survey shall be entered in the budget of the European
Communities, up to the following maximum amounts:
units of account
Belgium 59 000Denmark 50 000
Germany 89 000France 312 000Ireland 6 000Italy 628 000
Luxembourg 12 000
Netherlands 54 000United Kingdom 70 000
Contributions to the expenditure incurred by Greece on the 1982 survey
shall be entered in the budget of the European Communities up to a
maximum amount of 85 000 ECU.
However, the Member States which, in accordance with Article 1 (3),
carry out the surveys by random sampling shall be reimbursed for theirexpenditure up to the abovementioned maximum amount at a flat rate of12 units of account per hectare of fruit plantation actually covered by the
survey.
The contribution to the expenses incurred by the Kingdom of Spain and
the Portuguese Republic for the survey to be conducted in 1987 shall beentered in the budget of the European Communities up to a maximum of250 000 ECU for Spain and 70 000 ECU for Portugal.
2. Member States shall submit their applications for reimbursement:
— of 31 · 25 % of the abovementioned amounts, after beginning the
survey,
— of the remainder, after notification of the results.
Article 11
Directive 71/286/EEC is hereby repealed.
Article 12
This Directive is addressed to the Member States.1976L0625 — EN — 21.01.2000 — 002.001 — 7
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