2001L0109 — EN — 01.05.2004 — 001.001 — 1
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►B DIRECTIVE 2001/109/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 December 2001
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
(OJ L 13, 16.1.2002, p. 21)
Amended by:
Official Journal
No page date
►A1 Act concerning the conditions of accession of the Czech Republic, the
Republic of Estonia, the Republic of Cyprus, the Republic of Latvia,
the Republic of Lithuania, the Republic of Hungary, the Republic of
Malta, the Republic of Poland, the Republic of Slovenia and the SlovakRepublic and the adjustments to the Treaties on which the EuropeanUnion is foundedL 236 33 23.9.2003
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DIRECTIVE 2001/109/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 19 December 2001
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 285 thereof,
Having regard to the proposal from the Commission (1),
Acting in accordance with the procedure laid down in Article 251 of
the Treaty (2),
Whereas:
(1) The Commission, in order to perform the task conferred upon it
by the Treaty and by Community provisions governing thecommon organisation of the market in the fruit and vegetablesector, needs to be kept accurately informed on the productionpotential 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. This information iscurrently provided for within the framework of Council Direc-tive 76/625/EEC of 20 July 1976 concerning the statisticalsurveys to be carried out by the Member States in order to deter-
mine the production potential of plantations of certain species of
fruit trees (
3). Now that new amendments are being made, it is
appropriate on the grounds of clarity to repeal the said Directiveand replace it by this Directive.
(2) All the Member States should carry out surveys concurrently onplantations of fruit trees of the same species in accordance with
the same criteria and with comparable accuracy. New plantations
attain their full yield only after a certain number of years. Thesesurveys should therefore be repeated every five years in order toobtain reliable statistics on production potential taking accountof the fruit trees which are not yet productive.
(3) Uniform surveys should be carried out in each Member State onthe main varieties of each species of fruit, endeavouring at the
same time to establish sub-divisions according to variety which
are as complete as necessary.
(4) The experience acquired in previous surveys of fruit tree planta-tions has shown that it is necessary to introduce a certainflexibility into survey methods used by the Member States whilstmaintaining the comparability of data between Member States.
(5) Since the objectives of the proposed action, namely to obtaincomplete and reliable statistics on the production potential ofplantations of certain species of fruit trees in the Communityand on medium-term estimates of Community production andsupply, cannot be sufficiently achieved by the Member Statesindividually and can therefore, by reason of the effects of the
action, be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of subsi-diarity as set out in Article 5 of the Treaty. In accordance with2001L0109 — EN — 01.05.2004 — 001.001 — 2
(1) OJ C 96 E, 27.3.2001, p. 212.
(2) Opinion of the European Parliament of 13 June 2001 (not yet published in
the Official Journal), Council Common Position of 8 November 2001 (notyet published in the Official Journal) and Decision of the European Parlia-
ment of 11 December 2001 (not yet published in the Official Journal).
(
3) OJ L 218, 11.8.1976, p. 10. Directive as last amended by Directive 1999/87/
EC of the European Parliament and of the Council (OJ L 16, 21.1.2000, p.
72).
▼B
the principle of proportionality, as set out in that Article, this
Directive does not go beyond what is necessary to achieve thoseobjectives.
(6) The measures necessary for the implementation of this Directiveshould be adopted in accordance with Council Decision 1999/
468/EC of 28 June 1999 laying down the procedures for the
exercise of implementing powers conferred on the Commis-sion (
1),
HAVE ADOPTED THIS DIRECTIVE:
Article 1
1. The Member States shall carry out during 2002, and every five
years thereafter, surveys on plantations of certain species of fruit treesexisting on their territory.
2. The following species shall be surveyed:
(a) dessert apples
(b) dessert pears
(c) peaches
(d) apricots
(e) oranges
(f) lemons
(g) small-fruited citrus fruit.
The species to be surveyed in the various Member States are set out in
the table in the Annex.
The list of said species and the said table may be amended in accor-
dance with the procedure referred to in Article 8(2).
The survey of plantations of varieties of apples and pears destined
solely for uses other than dessert apples and pears shall be optional.
3. The survey shall apply to all holdings with an area planted with
fruit trees, provided that the fruit produced is entirely or mainlyintended for the market.
The survey shall cover pure and mixed crops, i.e. plantations of fruit
trees of several of the species referred to in the first subparagraph ofparagraph 2 or of one or more of them together with other species.
4. The survey may be either exhaustive or based on random
sampling, in accordance with the criteria laid down in Article 3.
Article 2
1. The surveys referred to in Article 1 shall be organised so that the
results may be presented in various combinations of the following char-acteristics:
(A) Variety of fruit:
For each species of fruit, and in order of importance, enough vari-
eties shall be shown to enable a separate assessment to be madefor each Member State, by variety, of at least 80 % of the total
area planted with fruit trees of the species in question and, in any
case, all varieties representing 3 % or more of the total areaplanted with fruit trees of the species in question.
(B) Age of trees:
The age of trees must be calculated from the time of their planting
in the orchard. The planting season which extends from theautumn to the spring shall be considered a single period.2001L0109 — EN — 01.05.2004 — 001.001 — 3
(1) OJ L 184, 17.7.1999, p. 23.
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(C) Area planted, number of trees and density of plantation:
The density of plantation may be surveyed and quoted directly or
may be calculated from the area planted.
2. Detailed rules for applying this Article shall be adopted in accor-
dance with the procedure referred to in Article 8(2).
Article 3
1. In the case of random sampling, the sample shall be representa-
tive of at least 95 % of the area planted with fruit trees. Estimatesshall be made for areas not covered by sampling.
2. So far as the results of the surveys carried out by random
sampling are concerned, Member States shall take every measure toensure that sampling errors at the 68 % confidence level shall, at the
most, be of the order of 3 % for the whole of the national area planted
with fruit trees of each species.
3. 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.
4. The rules for applying this Article shall be adopted in accordance
with the procedure referred to in Article 8(2).
Article 4
1. Member States shall notify the Commission of the results of these
surveys as rapidly as possible, and in any case before 1 October of theyear following the survey year.
2. The results referred to in paragraph 1 shall 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 laiddown in Article 8(2).
3. Sampling errors together with any mistakes discovered in
reporting as referred to in Article 3 shall be notified before 1 Octoberof the year following the survey year.
4. Member States shall send the Commission a methodological
report on how the survey was carried out no later than 1 October of
the year following the survey year.
Article 5
Member States which have annual estimates:
(a) of areas of fruit trees, the clearing of which has been carried out on
their territory, and
(b) of the new plantations of fruit trees on their territory,
shall notify the Commission of this information no later than 31
October of the year following the reference year.
Article 6
The Commission shall study the following in consultation and ongoing
cooperation with Member States:
(a) the results supplied,
(b) the technical problems raised, in particular by the preparation and
implementation of these surveys,
(c) the significance of the findings of the surveys.
Article 7
The Commission shall submit to the European Parliament and to the
Council, within one year of notification of the results by MemberStates, a report on experience acquired during the survey.2001L0109 — EN — 01.05.2004 — 001.001 — 4
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Article 8
1. The Commission shall be assisted by the Standing Committee for
Agricultural Statistics, set up by Council Decision 72/279/EEC (1).
2. Where reference is made to this paragraph, Articles 4 and 7 of
Decision 1999/468/EC shall apply, having regard to the provisions of
Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at three months.
3. The committee shall adopt its rules of procedure.
Article 9
Directive 76/625/EEC shall be repealed with effect from 16 April
2002.
Any references made to repealed Directive 76/625/EEC shall be
considered as a reference to this Directive.
Article 10
Member States shall bring into force the laws, regulations and admin-
istrative provisions necessary to comply with this Directive by 16 April2002 at the latest. They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a refer-
ence to this Directive or shall be accompanied by such reference on the
occasion of their official publication. The methods of making suchreference shall be laid down by Member States.
Article 11
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities .
Article 12
This Directive is addressed to the Member States.2001L0109 — EN — 01.05.2004 — 001.001 — 5
(1) OJ L 179, 7.8.1972, p. 1.
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ANNEX
SPECIES SURVEYED IN THE VARIOUS MEMBER STATES
Apples Pears Peaches Apricots Oranges LemonsSmall-
fruited
Citrus fruits
Belgium x x
Czech Republic xxxx
Denmark x x
Germany x xEstonia xGreece xxxxxxx
Spain xxxxxxx
France xxxxxxx
Ireland xItaly xxxxxxx
Cyprus xxxxxxx
Latvia x xLithuania x xLuxembourg x xHungary xxxx
Malta x x x
Netherlands x xAustria xxxx
Poland x x x (*) x (*)
Portugal xxxxxxx
Slovenia xxxx
Slovakia xxxx
Finland x
Sweden x x
United Kingdom x x
(*) Surveys are not conducted for: age of trees, density of plantation, variety of fruit2001L0109 — EN — 01.05.2004 — 001.001 — 6