COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Directive of the European Parliament and of the Council concerning statistical surveys in order to determine the production potential of plantations of certain species of fruit trees

1. Background

Proposal submitted to the European Parliament and to the Council

(COM(2000) 753 final - 2000/0291 (COD) 23 November 2000

Opinion of the European Parliament (first reading) 13 June 2001

Adoption of the common position by the Council 08 November 2001

2. Aim of the Commission proposal

* Council Directive 76/625/EEC concerning statistical surveys in order to determine the production potential of plantations of certain species of fruit trees [1] allowed Member States to carry out five five-yearly surveys on the above-mentioned subject.

[1] OJ L 218, 11.8.1976, p. 10.

* Experience in applying the Directive has pointed to the urgent need to allow more flexibility in the practical aspects of carrying out the surveys.

* This need has been taken by the Commission as an indication that it is opportune to draft a new Directive in a form that would be much simpler and clearer to understand and implement than an old text which has been amended several times.

* The newly-introduced flexibility in the proposed text relates in particular to the following points:

- Survey methodology: the rigid threshold is replaced by a target defined in terms of sample representativity.

- Timing of the survey: the former rigid timing (spring) has been removed. The only constraint is the deadline for transmission of the results to the Commission. This flexibility will allow Member States to choose the most suitable time to carry out the survey.

3. Comments on the common position

3.1. General

At first reading, the European Parliament approved the Commission's proposal with two amendments. These amendments are complex in structure since they refer to different subjects within one and the same article.

Amendment 1,

Article 1,

a) The list of examples of small-fruited citrus is deleted;

b) Five new species to be surveyed are added (almonds, carobs, hazelnuts, walnuts, chestnuts).

c) The list of species to be surveyed can be amended under the comitology procedure.

Amendment 2,

Article 2,

A. Rootstock is added to the various combinations to be surveyed;

B. The reference to double grafting in relation to age of trees is deleted;

C. The word "net" in relation to the area planted is deleted.

The Commission can accept the amendments of the European Parliament in part, as follows:

- Amendment 1, points a) and c);

- Amendment 2, points B and C.

The Council's common position incorporates those parts of the European Parliament's amendments accepted by the Commission.

However, regarding the introduction of five new species to be surveyed, and the addition of double grafting to the variables to be surveyed, the Commission takes the view that, before adding to the coverage of the five-yearly survey, any extension of the current survey should be preceded by technical discussions with the Member States, pilot surveys, etc. A declaration from the Commission on this subject is annexed with the note of adoption of the directive by the Council. Moreover, the Council shares the Commission's opinion.

3.2. Decisions on the European Parliament's amendments after first reading

3.2.1. Accepted by the Commission and incorporated into the common position

Amendment 1 - The Commission accepts the parts relating to the deletion of the examples of small-fruited citrus and to the possibility of using the comitology procedure to amend the table of species in the annex to the proposal, as this amendment introduces a useful measure of flexibility into the proposed text.

Amendment 2 - The Commission accepts the part relating to deletion of the references to "double grafting" and to "net area", because this allows more reliable results to be obtained.

3.2.2. Accepted by the Commission but not incorporated into the common position (Commission position).

None

3.3. New provisions introduced by the Council and the Commission's position.

The following paragraph 4 has been added to Article 3:

"The procedures for implementing this Article shall be adopted in accordance with the procedure set out in Article 8(2)."

The Commission agrees with the proposed text, as it allows the technical issues relating to the implementation of the provisions of Articles 3 to be resolved by the comitology procedure.

The Council has also reworded certain parts of the text to make it easier to understand.

3.4. Comitology procedure issues raised during the adoption of the common position (and of the Commission position).

None.

4. Conclusion

For the reasons set out above, the Commission hereby expresses a favourable opinion on the common position of the Council adopted unanimously.