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 Decision of the European Parliament and the Council amending Decision 96/411/EC on improving Community agricultural statistics

1. Background

1.1. The Commission on 9 July 1999 submitted to the Council and the European Parliament a proposal for a Decision amending Council Decision 96/411/EC [1] on improving Community agricultural statistics (document COM(1999) 332 final - 1999/0137 COD).

[1] OJ L 162, 1 July 1996, p. 14.

1.2. The Commission proposal is based on Article 285 of the Treaty (which requires the co-decision procedure referred to in Article 251 thereof to be followed).

1.3. The European Parliament on 17 December 1999 adopted a legislative resolution approving the Commission proposal after making four amendments to it.

1.4. At its session of 29 May 2000, the Council adopted its common position pursuant to Article 251(2) of the EC Treaty.

2. Objective of the Commission proposal

2.1. The Commission proposal is aimed at extending for the period 2000-2002, with a few changes, the measures instituted by Council Decision 96/411/EC, with a view to facilitating the adaptation of the Community agricultural statistics system to evolving information needs resulting from changes in the CAP.

2.2. The alterations that the Commission proposes have two main aims:

- the possibility of an advance payment of 30% once the work plan has been approved by the Commission, this by way of accelerating payment of the Community contribution,

- the simplification of procedures, through the deletion of certain requirements which experience shows have been superseded by events.

3. Comments on the Council common position

3.1. In its common position, the Council substantively approves the Commission proposal, while making two types of change:

(1) drafting changes:

(a) a new recital is added stating that changes in the CAP, enlargement and trade negotiations are all reasons to improve the identification of statistical needs and, where relevant, to complete the applicable regulatory framework;

(b) the European Parliament is added in Article 3, empowering it to decide, with the Council, on what follow-up measures should be taken;

(c) it is specified that the advance payment is 30% of the Community contribution, not of the total cost of the measures;

(2) real changes:

(a) a new Article is added (Article 12, along with a new recital) stipulating that the Commission is to continue the studies in progress on the technical feasibility of creating an EAGGF-Guarantee payments database, and on the resources required for its operation and for the statistical processing of the data in it; the Commission is to submit a report on these questions before 31 December 2001;

(b) a change in the provisions on committee procedures is proposed - creation of a management committee instead of the present regulatory committee - so as to meet the criteria set out in Article 2(a) of Council Decision 1999/468/EC [2] (laying down the procedures for the exercise of implementing powers conferred on the Commission);

[2] OJ L 184, 17 July 1999, p. 23.

(c) it is proposed that the financial allocation for application of the Decision during 2000-2002 be indicated in the text. The amendments under (1)(a), (1)(b) and (1)(c) are in line with the opinion of the European Parliament (amendments 1, 2 and 3 respectively, which the Commission had accepted). The amendment under (2)(a) meets Parliament's concerns but without taking over the text of amendment 5, which the Commission had rejected.

3.2. Regarding the drafting changes, the Commission sees these as not substantially changing its original proposal. It is therefore in a position to accept them.

3.3. Regarding the inclusion of a new Article 11a, the Commission already stated at the 17 December 1999 plenary session of Parliament that it shared Parliament's view that it would be useful to have access to extra information on the distribution of aid paid by the EAGGF Guarantee Section, although it could not support the proposed amendment in its form at that time. Without prejudging the findings of the feasibility studies under way, the Commission is agreeable to the addition of the new Article 11a, which is designed to meet Parliament's wishes.

Subject to the findings of the feasibility studies and the conclusions of the report to be presented to Parliament and the Council before 31 December 2001, the Commission is also willing to carry out the statistical processing of the data of aid paid by the EAGGF Guarantee Section in respect of the various measures, the number of beneficiaries, the number of animals and the areas concerned, by aid instalment received and by area.

3.4. Regarding the committee procedure changes, the Commission shares the Council's viewpoint, which is based on the criterion in Article 2(a) of Council Decision 1999/468/EC. The Commission agrees that, agricultural statistics being closely linked to application of the CAP and the management procedure being the procedure for the application of that policy, it is entirely logical that the same approach be applied to agricultural statistics.

3.5. Regarding specification of the financial allocation in the text of the Decision, the Commission sees this as in line with the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure [3].

[3] OJ C 172, 18.6.1999, p. 1.

4. Conclusion

In the light of the foregoing, the Commission hereby states its agreement to the Council's common position.