EN Official Journal of the European Union L 374/36

COMMISSION REGULATION (EC) No 2203/2004

of 21 December 2004

amending Regulation (EEC) No 1859/82 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 79/65/EEC of 15 June 1965 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community (1), and in particular Articles 4(4), and 6(2) thereof,

Whereas:

(1) Commission Regulation (EEC) No 1859/82 (2) fixes the number of returning holdings per division. The number of returning holdings to be selected in each division may 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.

(2) 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 (3). For reasons of clarity and coherence, this change should be reflected in Regulation (EEC) No 1859/82. Flexibility in the number of returning holdings per division should remain allowed, as long as the total number of the returning holdings of the Member State concerned is respected.

(3) In view of the limitation per Member State of the total number of duly completed farm returns eligible for Community financing, the number of returning holdings laid down in Annex I for Belgium, Denmark, Germany, France and Luxembourg should be adjusted, to maintain the actual sample size.

(4) The number of returning holdings per division in Sweden should be adjusted, due to changes in the borders between the divisions.

(5) Regulation (EEC) No 1859/82 should therefore be amended accordingly.

(6) 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

Regulation (EEC) No 1859/82 is amended as follows:

1. Article 3 is replaced by the following: ‘Article 3 The number of returning holdings per Member State as well as per division is laid down in Annex I. The number of returning holdings to be selected per division may differ from that laid down in Annex I by up to 20 % in either direction provided that the total number of the returning holdings of the Member State concerned is respected.’

2. Annex I is amended in accordance with the Annex to this Regulation.

Article 2

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

It shall apply from the 2005 accounting year.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 21 December 2004. For the Commission Mariann FISCHER BOEL Member of the Commission

(1) OJ 109, 23.6.1965, p. 1859/65. Regulation as last amended by Commission Regulation (EC) No 660/2004 (OJ L 104, 8.4.2004, p. 97).

(2) OJ L 205, 13.7.1982, p. 40. Regulation as last amended by Regulation (EC) No 730/2004 (OJ L 113, 20.4.2004, p. 8).

(3) OJ L 190, 14.7.1983, p. 25. Regulation as amended by Regulation (EC) No 1388/2004 (OJ L 255, 31.7.2004, p. 5).