CELEX: 51996GC0411
Language: en
Date: 2007-04-24
Title: Proposal for a Decision no …/…/EC of the European Parliament and of the Council of […] on improving Community agricultural statistics (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM

                                                                  Proposal for a

                                         DECISION No …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                                  on improving Community agricultural statistics

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a  codification  of  Council  Decision 96/411/EC  of  25  June  1996  on  improving  Community
       agricultural statistics[3]. The new Decision will supersede the various acts incorporated in it[4];  this  proposal  fully  preserves  the
       content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the
       codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Decision  97/411/EEC  and
       the instruments amending it, carried out by the Office for Official Publications  of  the  European  Communities,  by  means  of  a  data-
       processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table
       set out in Annex VI to the codified Decision.

                                                                  Proposal for a

                                            ê 96/411/EC (adapted)

                                         DECISION No …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                                  on improving Community agricultural statistics

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article Ö 285 Õ thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee[5],

Having regard to Council Decision 93/464/EEC of 22 July 1993 on the framework  programme  for  priority  actions  in  the  field  of  statistical
information 1993 to 1997[6], and in particular Article 4 (a) thereof,

Acting in accordance with the procedure laid down in Article 251 of the Treaty[7],

Whereas:

                                            ê .

   1) Council Decision 96/411/EC of 25 June 1996 on improving  Community  agricultural  statistics[8]  has  been  substantially  amended  several
      times[9]. In the interests of clarity and rationality the said Decision should be codified.

                                            ê 96/411/EC recital 1 (adapted)

   2) The 1993-1997 framework programme envisaged by Decision 93/464/EEC establishes,  inter  alia,  the  need  for  better  utilization  of  the
      resources devoted to agricultural statistics by implementation of the results of a “screening” operation carried  out  under  the  previous
      statistical programme envisaged by the Council Resolution of 19 June 1989 on the implementation of a plan of priority actions in the  field
      of statistical information: Statistical programme of the European Communities (1989 to 1992)[10].

                                            ê 96/411/EC recital 2

   3) This screening has identified the main aspects of the changes to be incorporated in Community agricultural statistics.

                                            ê 96/411/EC recital 3

   4) These changes include some of the main areas where savings may be made and where there are new or increasing needs.  These  changes  should
      conform to agreed general principles.

                                            ê 96/411/EC recital 4 (adapted)

   5) National adaptations have to be coordinated at Community level, in order to ensure that:

       (a)  data remain sufficiently reliable in the case of each Member State and comparable between Member States;

       (b)  the changes to legislation Ö of the European Parliament and of the Council Õ which may be necessary can be identified,  prepared  and
           proposed by the Commission in good time and in addition that the Commission approves implementing  rules  for  legislation  Ö of  the
           European Parliament and of the Council Õ in good time;

       (c)  methodological studies by different Member States into efficient ways of meeting the new information needs are appropriate;

       (d)  the scheduling of national activities takes account of collective Community interest;

       (e)  the Community financial resources facilitating execution of this programme are used as an addition to other national resources and in
           the most efficient way.

                                            ê 96/411/EC recital 5

   6) The best means of achieving this coordination is within a formal structure which allows the technical constraints  and  preferences  to  be
      considered collectively and choices made which reconcile national and Community interests.

                                            ê 96/411/EC recital 6

   7) A financial contribution by the Community to the Member States is  necessary,  according  to  their  objective  needs,  to  facilitate  the
      adaptations required.

                                            ê 96/411/EC recital 7

   8) To achieve the desired savings, adaptations to the technical implementation of certain surveys may be necessary. Such adaptations should be
      permitted subject to appropriate safeguards.

                                            ê 96/411/EC recital 8 (adapted)

   9) Provision should be made for a possible extension of this Decision in the context of the [next framework programme] for priority actions in
      the field of statistical information relating to the period after Ö 2007 Õ .

                                            ê 96/411/EC recital 9 (adapted)

  10) The distribution of tasks between the Commission and the Member States is fully in accord with the principle of subsidiarity.

                                            ê 2298/2000/EC recital 8 (adapted)

  11) This Decision lays down, for the entire duration of the programme, a financial framework  constituting  the  primary  reference  Ö for  the
      budgetary authority within the framework of the annual budgetary procedure Õ , within the meaning of point  33  of  the  Interinstitutional
      Agreement of 6 May 1999 between the European Parliament, the Council and Commission  Ö on  budgetary  discipline  and  improvement  of  the
      budgetary procedure Õ[11].

                                            ê 2298/2000/EC recital 10

  12) Current feasibility studies should be continued to determine whether it is technically possible to establish a database on aid paid by  the
      EAGGF (Guarantee Section) and what resources would be required to do so.

                                            ê .

  13) When enacting this Decision the necessary measures should be put in place in order to conform with Council Decision 1999/468/EC of 28  June
      1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[12],

                                            ê 96/411/EC

HAVE ADOPTED THIS DECISION:

                                                                    Article 1

                                                                     Purpose

In order to improve the way in which Community  agricultural  statistics  meet  information  needs  resulting  from  the  reform  of  the  Common
Agricultural Policy, Member States shall, within the limits imposed by available resources, take appropriate measures  to  adapt  their  national
systems of agricultural statistics. In this they will take account of the work areas set out in Annexes I and  II  hereto,  and  the  objectives,
characteristics and criteria given in Annex III.

                                                                    Article 2

                                                              Role of the Commission

The Commission, acting in concert with the Member States, shall:

                                            ê 2298/2000/EC Art. 1 pt. 1

(a)   define the priority statistical fields, amongst those set out in Annex II, which may be the subject of actions at Member  State  level  for
       the following year;

                                            ê 96/411/EC

(b)   check data quality and comparability;

(c)   identify and implement Community-level actions which are important for the purposes of this Decision.

                                            ê 2298/2000/EC Art. 1 pt. 2
                                            è1 1919/2002/EC Art. 1 pt. 1

                                                                    Article 3

                                                       Application time-frame and procedure

The process of adapting Community agricultural statistics referred to in Article 1 shall be continued è1 during the period  2003  to  2007 ç.  It
shall be coordinated by the Commission through technical action plans as provided for in Article 4. After this period,  the  European  Parliament
and the Council may decide to extend the process in accordance with the Commission proposals provided for in Article 11.

                                            ê 96/411/EC (adapted)

                                                                    Article 4

Technical action plans for agricultural statistics

A technical action plan for agricultural statistics shall be established by the Commission each year in accordance with  the  procedure  referred
to in Article 9(2) These plans shall cover the actions to be carried out by the Member States pursuant to Article 1.  Available  resources  shall
be used in such a way as to make the greatest possible improvement in the cost-effectiveness of Community agricultural statistics in meeting  the
requirements of Community law, informal agreements and new information needs.

                                            ê 2298/2000/EC Art. 1 pt. 4

                                                                    Article 5

                                                               Member State reports

The Member States shall submit to the Commission:

(a)   by 31 May at the latest of each year, a communication setting out their intention, if any, to  participate  in  priority  actions  for  the
       following year, accompanied by a summary of the plans for implementation and an estimate of costs;

(b)   following adoption by the Commission of the technical action plan, a working plan for each action which concerns them;

(c)   after completion of each action, a brief report on implementation of the action in which they have participated.

The documents to be submitted pursuant to points (a), (b) and (c) should cover the planned amendments to the methodology of implementation,  work
to be carried out, difficulties identified and proposals for overcoming them, the national and Community resources to be mobilised and  proposals
for improvements at Community level. Actions for which Community financial support is required shall be identified as such.

Following the procedure referred to in Article 9(2), the Commission shall draw up simplified standard forms to  facilitate  the  presentation  of
the above information.

                                            ê 96/411/EC

                                                                    Article 6

                                                               Financial provisions

1. The Community shall contribute to the costs realized by the Member States in making adaptations to national agricultural  statistical  systems
or to such costs for preparatory work relating to new or increasing needs which are part of a technical action plan.

2. The amount of the contribution for Member States shall be decided each year by the Commission in conjunction with the  technical  action  plan
and in accordance with the procedure referred to in Article 9(2).

                                            ê 2298/2000/EC Art. 1 pt. 5(a)

3. The contribution shall be paid to the Member States in two instalments, the first of which, equivalent to 30 % of the Community share  of  the
cost of the action, shall be paid as an advance, after notification to and acceptance by the Commission of the working plan  for  the  action  in
question. The balance shall be paid once the report on implementation of the action by the Member States has been submitted to  and  approved  by
the Commission. The Commission shall carry out any on-the-spot checks it deems necessary in cooperation with the  competent  authorities  of  the
Member States.

                                            ê 707/2004/EC Art. 1

4. The financial framework for the implementation of this programme for the period 2003 to 2007 is hereby set at  EUR  11,65  million.  EUR  8,65
million shall be for the period 2003 to 2006.

For the period beginning on 1 January 2007, the amount proposed shall be deemed to be confirmed if, for the phase in question, it  is  consistent
with the financial perspective in force for the period beginning on 1 January 2007.

                                            ê 1919/2002/EC Art. 1 pt. 2

The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

                                            ê 96/411/EC

                                                                    Article 7

                                                                   Flexibility

Where necessary to achieve the purposes of this Decision and for the duration of a technical action plan the  Commission,  acting  in  accordance
with the procedure referred to in Article 9(2), may approve a Member State's request to be  allowed  to  adapt  one  or  more  of  the  following
features of the  agricultural  statistical  surveys  listed  in  Annex  IV:  regions  covered,  territorial  sub-divisions,  definitions,  survey
methodology, survey date, list of characteristics and size of classes.

                                                                    Article 8

                                                        Adapting to changing circumstances

The Commission may modify Annex I (statistical areas in which potential savings have been identified)  and  Annex  II  (statistical  areas  where
there are new or increasing needs) in accordance with procedure the procedure referred to  in  Article  9(2)10.  It  shall  inform  the  European
Parliament and the Council of these modifications.

                                            ê 2298/2000/EC Art. 1 pt. 6 (adapted)

                                                                    Article 9

1. The Commission shall be assisted by the Standing Committee on Agricultural Statistics, Ö set up under  Decision  72/279/EC[13], Õ  hereinafter
referred to as “the Committee”.

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article  8
thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

                                            ê 96/411/EC Art. 9 (adapted)

                                                                    Article 10

                                            Role of the Standing Committee on Agricultural Statistics

The Ö Committee Õ shall meet at least once a year to discuss the following:

(a)   the reports made by the Member States on the execution of the programme in the previous year;

(b)   the actions proposed by the Member States for the following year and the outlook for the two years thereafter;

(c)   the technical action plan for the following year;

(d)   the Community financial contribution provided for in Article 6;

(e)   possible changes to Annexes I and II.

                                            ê 96/411/EC
                                            è1 98/3/EC Art. 1 pt. 2
                                            è2 1919/2002/EC Art. 1 pt. 3

                                                                    Article 11

                                                                      Report

Before è1 1 November è2 2007 ç ç the Commission shall make a report on the progress of this Decision  to  the  European  Parliament  and  to  the
Council accompanied if necessary by proposals for its extension.

                                            ê 2298/2000/EC Art. 1 pt. 8 (adapted)

                                                                    Article 12

                                              Database of payments by the EAGGF (Guarantee Section)

The Commission shall continue current feasibility studies to determine the technical possibility  of  setting  up  a  database  relating  to  the
payments made by the EAGGF (Guarantee Section) to include in particular, at the level of each beneficiary, data on the  level  of  aid  received,
the areas and the number of animals concerned, and the most appropriate computer system for processing such data.

Ö The Õ Commission shall submit a report to the European Parliament and to the Council on the results of these feasibility studies,  and  on  the
resources (technical, financial and human) which would be required to implement the database and to process the data statistically.

                                            ê .

                                                                    Article 13

Decision 96/411/EC is repealed.

References to the repealed Decision shall be construed as references to this Decision and shall be read in accordance with the correlation  table
in Annex VI.

                                            ê 96/411/EC

                                                                    Article 14

This Decision is addressed to the Member States.

Done at Brussels, […]

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 96/411/EC

                                                                     ANNEX I

                                      STATISTICAL AREAS IN WHICH POTENTIAL SAVINGS HAVE BEEN IDENTIFIED[14]

1.    Farm structure surveys: simplification and restructuring of the list of characteristics, particularly for intermediate surveys.

2.    Survey on the area under vines: simplification of the programme of statistical tables.

3.    Survey on fruit trees: reduction in the obligations relating to intermediate surveys.

4.    Agricultural income index: elimination of the first disaggregated estimates  in  October  and  elimination  of  any  details  of  secondary
       importance.

5.    Total income of agricultural households: greater flexibility in frequency and in target concepts.

6.    Animal surveys: application of the agriflex concept, i.e. adapting the frequency of the  surveys  to  the  numbers  of  livestock  in  each
       country.

7.    Dairy statistics: elimination of weekly statistics, elimination of statistics  on  casein,  reduction  of  certain  annual  statistics  and
       simplification of statistics on dairy structures.

                                                                   ___________

                                            ê 98/514/EC Art. 1 and Annex

                                                                     ANNEX II

                                                  AREAS WHERE THERE ARE NEW OR INCREASING NEEDS

Topics

1.    Farm structure survey: adapting the list of characteristics to take account of new needs.

2.    Rapid estimates of sowings and planting intentions at the beginning of the winter for principal crops.

3.    Improvement to and rapid provision of the production statistics  in  certain  sectors  (fruit  and  vegetables,  wine,  eggs  and  poultry,
       flowers).

4.    Improved statistics on consumption and on stock levels and changes for main products with a view to regular production of  supply  balances
       at the European level.

5.    Livestock feed: overcoming certain delays in the fodder balances.

6.    Development of better harmonised Community forestry statistics.

7.    Agricultural price statistics: new selection of the absolute agricultural price series taking  into  account  the  technical  progress  and
       economic changes.

8.    Statistical data on rural development and on the environmental impact of agriculture.

Methodology

9.    Improved and new methods to allow Member States  to  meet  more  efficiently  existing  and  new  information  needs  e.g.  light  surveys,
       administrative data, panels, remote sensing.

                                                                 _______________

                                            ê 96/411/EC

                                                                    ANNEX III

                             OBJECTIVES, CHARACTERISTICS AND CRITERIA OF THE COMMUNITY AGRICULTURAL STATISTICS SYSTEM

Constant improvement

1.    Community agricultural statistics will steadily increase in cost-effectiveness and in their capacity to meet the statistical needs  of  the
       Community and third countries.

Positive comparability checking

2.    Community agricultural statistics will incorporate continuous quality checking to ensure that data are adequate  for  the  needs  to  which
       they are put. In particular, Member States may be required to inform the Commission and other Member States  of  the  statistical  methods
       used and their suitability.

Response burden

3.    Community agricultural statistics will impose the smallest possible burden of response consistent with meeting information needs.

Integration of agricultural statistics with those of other activities

4.    The improvement to Community agricultural statistics will facilitate:

       (a)  drawing on statistics from other areas;

       (b)  contributing to general statistical systems;

       (c)  use of the agricultural statistics apparatus to collect statistical information required in other areas.

Complementarity between Community and national levels

5.    National agricultural statistics systems may collect and deliver to the Commission data not  formally  provided  for  at  Community  level.
       Similarly, certain applications developed directly at Community level (for example Eurofarm, SPEL) may be used to  provide  Member  States
       with information which is not available at national level.

Concentration on the most important aspects

6.    The amount of information each Member State supplies may vary according to the importance of the phenomenon covered regionally,  nationally
       and at Community level.

Most efficient national approach

7.    Member States may collect basic data by the statistical method which is most efficient, having regard to the definition,  time  limits  and
       level of accuracy required (subject to the checking referred to in point 2).

Optimization

8.    The detailed Community requirements set out in various Community legal instruments and informal agreements do not in themselves  constitute
       an optimized structure. Each Member State must ensure that its national system of agricultural statistics is adapted and  responds  in  an
       optimum way to Community requirements. Community requirements must not unnecessarily impede national optimization.

                                                                  _____________

                                            ê 96/411/EC (adapted)

                                                                     ANNEX IV

                                      PRINCIPAL COUNCIL REGULATIONS AND DIRECTIVES ON AGRICUTURAL STATISTICS

|Council Directive 93/23/EEC                                |of 1 June 1993 on the statistical surveys to be carried out on pig production |
|                                                           |(OJ L 149, 21.6.1993, p.1)                                                    |
|Council Directive 93/24/EEC                                |of 1 June 1993 on the statistical surveys to be carried out on bovine animal  |
|                                                           |production                                                                    |
|                                                           |(OJ L 149, 21.6.1993, p.5)                                                    |
|Council Directive 93/25/EEC                                |of 1 June 1993 on the statistical surveys to be carried out on sheep and goat |
|                                                           |stocks                                                                        |
|                                                           |(OJ L 149, 21.6.1993, p.10)                                                   |
|Ö Council Directive 96/16/EC Õ                             |Ö of 19 March 1996 on the statistical surveys to be carried out on milk and   |
|                                                           |dairy products Õ                                                              |
|                                                           |Ö (OJ L 78, 28.3.1996, p.27) Õ                                                |
|Ö Directive 2001/109/EC of the European Parliament and of  |Ö of 19 December 2001 concerning the statistical surveys to be carried out by |
|the Council Õ                                              |the Member States in order to determine the production potential of           |
|                                                           |plantations of certain species of fruit trees Õ                               |
|                                                           |Ö (OJ L 13, 16.1.2002, p.21) Õ                                                |
|Council Regulation (EEC) No 2782/75                        |of 29 October 1975 on the production and marketing of eggs for hatching and of|
|                                                           |farmyard poultry chicks                                                       |
|                                                           |(OJ L 282, 1.11.1975, p. 100)                                                 |
|Council Regulation (EEC) No 357/79                         |of 5 February 1979 on statistical surveys of areas under vines                |
|                                                           |(OJ L 54, 5.3.1979, p.124)                                                    |
|Council Regulation (EEC) No 571/88                         |of 29 February 1988 on the organization of Community surveys on the structure |
|                                                           |of agricultural holdings between 1988 and 1997                                |
|                                                           |(OJ L 56, 2.3.1988, p.1)                                                      |
|Council Regulation (EEC) No 837/90                         |of 26 March 1990 concerning statistical information to be supplied by the     |
|                                                           |Member States on cereals production                                           |
|                                                           |(OJ L 88, 3.4.1990, p.1)                                                      |
|Council Regulation (EEC) No 959/93                         |of 5 April 1993 concerning statistical information to be supplied by Member   |
|                                                           |States on crop products other than cereals                                    |
|                                                           |(OJ L 98, 24.4.1993, p.1)                                                     |

                                                                   ___________

                                            é

                                                                     ANNEX V

                                                 Repealed Decision with its successive amendments

|Council Decision 96/411/EC                                                           |                                               |
|(OJ L 162, 1.7.1996, p.14)                                                           |                                               |
|Council Decision 98/3/EC                                                              |                                              |
|(OJ L 1, 3.1.1998, p.9)                                                               |                                              |
|Commission Decision 98/514/EC                                                         |                                              |
|(OJ L 230, 18.8.1998, p.28)                                                           |                                              |
|Decision No 2298/2000/EC of the European Parliament and of the Council                |                                              |
|(OJ L 263, 18.10.2000. p.1)                                                           |                                              |
|Decision No 1919/2002/EC of the European Parliament and of the Council                |                                              |
|(OJ L 293, 29.10.2002, p.5)                                                           |                                              |
|Decision No 787/2004/EC of the European Parliament and of the Council                 |Article 1                                     |
|(OJ L 138, 30.4.2004, p.12)                                                           |                                              |

                                                                  _____________

                                                                     ANNEX VI

                                                                Correlation Table

|Decision 96/411/EC                                                   |This Decision                                                        |
|Articles 1-8                                                         |Articles 1-8                                                         |
|Article 9                                                            |Article 10                                                           |
|Article 10                                                           |Article 9                                                            |
|Article 11                                                           |Article 11                                                           |
|Article 11(a)                                                        |Article 12                                                           |
|_______                                                              |Article 13                                                           |
|Article 12                                                           |Article 14                                                           |
|Annexes I-IV                                                         |Annexes I-IV                                                         |
|________                                                             |Annex V                                                              |
|________                                                             |Annex VI                                                             |

                                                                  _____________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex V to this proposal.
[5]   OJ C …, p.
[6]   OJ L 219, 28.8.1993, p. 1.
[7]   OJ C …, p.
[8]   OJ L 162, 1.7.1996, p. 14. Decision as last amended by Decision No. 787/2004/EC of the European Parliament and of the Council  (OJ  L  138,
      30.4.2004, p.12).
[9]   See Annex V.
[10]  OJ C 161, 28. 6. 1989, p. 1.
[11]  OJ C 172, 18.6.1999, p.1. Ö Agreement as last amended by Decision 2003/429/EC of the European Parliament and of  the  Council  (OJ  L  147,
      14.6.2003, p.25) and to be replaced on 1 January 2007 by the inter-institutional agreement between the European Parliament  ,  the  Council
      and the Commission (OJ C 139, 14.6.2006, p.1) Õ
[12]  OJ L 184, 17.7.1999, p.23.
[13]  OJ L 179, 7.8.1972, p.2.
[14]  In the review of agricultural statistics carried out under the Statistical Programme of the European Communities  1989-1992.  Some  of  the
      savings identified have already been implemented since this exercise started.