Proposal for a COUNCIL REGULATION (EC) amending Regulation No 79/65/EEC setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Economic Community
Date: 1997-03-17
Institutions: European Commission
Subjects: agricultural holding, economic accounts for agriculture, farm accountancy data network, farm income

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  17.03.1997 
COM(97)109  final 

97/0104  (CNS) 

Proposal for a 

COUNCIL REGULATION  ŒG 

amending Regulation No 79/65/EEC setting up a network for the collection of 
accountancy data on the incomes and business operation of agricultural holdings in the 
European Economic Community 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  purpose  of  this  proposal  is  to  amend  Article  15(1)  of  Regulation  79/65/EEC  of  the 
Council  setting up  a network  for  the  collection  of  accountancy  data on the  incomes and the 
business operation  of  agricultural  holdings  in the European  Economic  Community. 

Article  15(1)  of  that  Regulation  prohibits  the  use,  for  taxation  purposes,  of  any  individual 
accountancy  data  from  agricultural  holdings  or  other  individual  details  obtained  in 
implementation  of that  Regulation. 

It is proposed to reinforce  those provisions in order to prohibit any use or divulgence of data 
supplied  by  farmers  except  for  the  purposes  referred  to  in  Article  1 of  that  Regulation,  in 
other words, for  the annual determination of incomes on agricultural  holdings coming within 
the field of  the  survey  and  for  a business analysis of  agricultural  holdings. 

The  reinforcement  is needed  because  there have  been  attempts  to use the  data  for  purposes 
other than  taxation  and  counter to the interests of the  individual  farmers  participating  in the 
network. 

£ 

Proposal 
fora 

Council Regulation (EC) 

of 

amending Regulation No 79/65/EEC setting up a network for the collection of 
accountancy data on the incomes and business operation of agricultural holdings in the 
European Economic Community 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 

Article 43 thereof, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Whereas Regulation No 79/65/EEC of the Council 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  Community2,  as  last  amended  by 
Regulation  (EC) No  2801/953,  lays  down  certain  restrictions on the use  of  accountancy 

data from agricultural  holdings and other individual  details obtained in implementation  of 

that  Regulation;  whereas,  given  the risk that  information  supplied  by a farmer  could  be 

used  for purposes other than those provided  for  in the above Regulation,  the prohibition 

on  any  unauthorised  use  of  such  information  should  be reinforced;  whereas,  therefore, 

Regulation No 79/65/EEC should be amended, 

1  Opinion delivered on 

2  OJ No  109, 23.6.1965, p. 1859/65. 

3  OJ No L 291, 6.12.1995, p. 3. 

3 

HAS  ADOPTED THIS  REGULATION: 

Article 1 

Article  15(1) of Regulation No  79/65/EEC  is hereby replaced by the following: 

"1. 

It shall be prohibited  to use  for taxation  purposes  any individual  accountancy  data 

or  other  individual  details  obtained  in  implementation  of  this  Regulation  or  to 

divulge or use such data for a purpose other than those specified  in Article  1." 

Article 2 

This  Regulation  shall  enter  into  force  on  the  seventh  day  following  its  publication  in  the 

Official  Journal of the European Communities. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly  applicable  in  all  Member 

States. 

Done at Brussels, 

For the Council 

W 

ISSN 0254-1475 

COM(97) 109 final 

DOCUMENTS 

EN 

«3  15 

Catalogue  number  :  CB-CO-97-099-EN-C 

ISBN  92-78-16880-7 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg 

5"