EN Official Journal of the European Union L 347/14

COMMISSION REGULATION (EU) No 1291/2009

of 18 December 2009

concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community (1), and in particular Articles 5(4), 6(5) and 7(2) thereof,

Whereas:

(1) Commission Regulation (EEC) No 1859/82 of 12 July 1982 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings (2) established the threshold for the economic size of holdings and the number of returning holdings for the implementation of Regulation (EC) No 1217/2009.

(2) Commission Regulation (EC) No 1242/2008 of 8 December 2008 establishing a Community typology for agricultural holdings (3) introduced a new concept of ‘economic size’, which is now expressed in euros, and amended some other criteria of the typology.

(3) As a consequence of the amendment made by Council Regulation (EC) No 1791/2006 (4), the divisions of Bulgaria and Romania need to be taken into account. Some additional changes to Regulation (EEC) No 1859/82 need to be made for more precision. Therefore, in the interests of clarity, Regulation (EEC) No 1859/82 should be repealed and replaced by this Regulation.

(4) Returning holdings must be selected in a uniform manner in each division and to that end detailed rules should be laid down to implement the relevant provisions of Regulation (EC) No 1217/2009.

(5) The holdings to be studied in connection with the farm accountancy data network fall within the field of survey of the structure surveys and of Community or national censuses of agricultural holdings.

(6) The data available for the purposes of drawing up the plan for the selection of holdings (selection plan) for each accounting year and the difference in the agricultural situation as between the different Member States require that thresholds of economic size which vary by Member State, and even in some cases by division, be adopted.

(7) Experience shows that operation of the data network is facilitated if the number of returning holdings selected per division is allowed to differ by up to 20 % in either direction provided that this does not entail a reduction in the total number of returning holdings per Member State.

(8) As the financial management of such a measure is difficult, a limitation per Member State as to the total number of duly completed farm returns eligible for Community financing is introduced in Commission Regulation (EEC) No 1915/83 of 13 July 1983 on certain detailed implementing rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings (5). For reasons of clarity and coherence, this should be reflected in this Regulation. Flexibility in the number of returning holdings per division should be allowed, as long as the total number of the returning holdings of the Member State concerned is respected.

(9) The selection plan should include a minimum number of elements enabling its validity in relation to the objectives of the farm accountancy data network to be assessed.

(10) For the purpose of the selection plan, the field of survey should be stratified according to the divisions listed in the Annex to Regulation (EC) No 1217/2009 and according to the types of farming and economic size classes defined in Regulation (EC) No 1242/2008.

(11) The selection plan should be drawn up prior to the beginning of the corresponding accounting year so that it can be approved before being used for the selection of returning holdings. For the accounting year 2010, however, the Member States need a longer period to draw up the selection plan, because all the necessary reference sources are not available long enough beforehand. Therefore, it is appropriate to provide for a different time-limit for the notification of the selection plan for that accounting year.

(12) Since Regulation (EC) No 1242/2008 applies from the accounting year 2010, this Regulation should apply as from the same year.

(13) The measures provided for in this Regulation are in accordance with the opinion of the Community Committee for the Farm Accountancy Data Network,

HAS ADOPTED THIS REGULATION:

Article 1

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘holding’ means a farm business as defined in the context of the Community agricultural surveys and censuses;

(b) ‘typology’ means the Community typology for agricultural holdings established by Regulation (EC) No 1242/2008.

Article 2

Threshold for the economic size

For the accounting year 2010 (a period of 12 consecutive months beginning between 1 January 2010 and 1 July 2010) and for subsequent accounting years, the threshold of economic size as referred to in Article 5 of Regulation (EC) No 1217/2009 shall be as follows:

— : Belgium : EUR 25 000 — : Bulgaria : EUR 2 000 — : Czech Republic : EUR 8 000 — : Denmark : EUR 15 000 — : Germany : EUR 25 000 — : Estonia : EUR 4 000 — : Ireland : EUR 4 000 — : Greece : EUR 4 000 — : Spain : EUR 4 000 — : France : EUR 25 000 — : Italy : EUR 4 000 — : Cyprus : EUR 4 000 — : Latvia : EUR 4 000 — : Lithuania : EUR 4 000 — : Luxembourg : EUR 25 000 — : Hungary : EUR 4 000 — : Malta : EUR 4 000 — : Netherlands : EUR 25 000 — : Austria : EUR 8 000 — : Poland : EUR 4 000 — : Portugal : EUR 4 000 — : Romania : EUR 2 000 — : Slovenia : EUR 4 000 — : Slovakia : EUR 15 000 — : Finland : EUR 8 000 — : Sweden : EUR 15 000 — : United Kingdom (with the exception of Northern Ireland) : EUR 25 000 — : United Kingdom (only Northern Ireland) : EUR 15 000.

Article 3

Number of returning holdings

The number of returning holdings per Member State as well as per division shall be as laid down in the Annex.

The number of returning holdings to be selected per division may differ from that laid down in the Annex by up to 20 % in either direction provided that the total number of the returning holdings of the Member State concerned is respected.

Article 4

Selection plan

The plan for the selection of returning holdings shall ensure the representativeness of the returning holdings as a whole.

It shall include:

(a) the elements on which it is based, namely: — particulars of the statistical reference sources, — the procedures for stratifying the field of survey in accordance with the divisions listed in the Annex to Regulation (EC) No 1217/2009, the types of farming and economic size classes defined in the typology, — the procedures for determining the selection rate chosen for each stratum, — the procedures for the selection of returning holdings;

(b) the breakdown of holdings in the field of survey by types of farming and economic size classes defined in the typology (corresponding at least to the principal types), and

(c) the number of returning holdings to be selected for each of the strata adopted.

Article 5

Notification

Each year the Member States shall notify the selection plan referred to in Article 4 to the Commission not later than two months before the beginning of the accounting year to which it relates.

However, for the accounting year 2010 it shall be notified not later than one month before the beginning of the accounting year.

Notification shall be done electronically via the information systems made available to the competent authorities by the Commission or by the Member States.

The form and content of the information to be notified shall be in conformity with models made available to the Member States through the information systems. Those models and the methods to be used shall be adapted and updated after the Community Committee for the Farm Accountancy Data Network has been informed.

Data relating to notifications shall be entered and updated in the information systems under the responsibility of the competent authorities of the Member State, in accordance with the access rights granted by the authorities concerned.

Article 6

Repeal

Regulation (EEC) No 1859/82 is repealed with effect from 30 June 2010.

References to the repealed Regulation shall be construed as references to this Regulation.

Article 7

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from the accounting year 2010.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 18 December 2009. For the Commission The President José Manuel BARROSO

(1) OJ L 328, 15.12.2009, p. 27.

(2) OJ L 205, 13.7.1982, p. 5.

(3) OJ L 335, 13.12.2008, p. 3.

(4) OJ L 363, 20.12.2006, p. 1.

(5) OJ L 190, 14.7.1983, p. 25.