CELEX: 51990EC0837
Language: en
Date: 2007-04-24
Title: Proposal for a regulation (EC) no …/.. of the European Parliament and of the Council of […] concerning statistical information to be supplied by the Member States on cereals production (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(2005)

                                                                  Proposal for a

                                      REGULATION (EC) No …/.. OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                           concerning statistical information to be supplied by the Member States on cereals production

                                                                (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 Regulation (EEC) No 837/90 of 26 March 1990  concerning  statistical
       information to be supplied by the Member States on cereals production[3]. The new Regulation 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  Regulation  (EEC)  No
       837/90 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 V to the codified Regulation.

                                                                  Proposal for a

                                            ê 837/90 (adapted)

                                    REGULATION (EC) No …/.. Ö OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Õ

                                                                      of […]

                           concerning statistical information to be supplied by the Member States on cereals production

                                                            (Text with EEA relevance)

Ö THE EUROPEAN PARLIAMENT AND Õ THE COUNCIL OF THE EUROPEAN Ö UNION Õ,

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

Having regard to Ö Council Regulation (EEC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals Õ[5],

Having regard to Ö Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice Õ[6],

Having regard to the proposal from the Commission,

Ö Having regard to the opinion of the European Economic and Social Committee[7],Õ

Ö Acting in accordance with the procedure laid down in Article 251 of the Treaty[8], Õ

Whereas:

                                            ê 

   1) Council Regulation (EEC) No 837/90 of 26 March 1990 concerning statistical information to be supplied  by  the  Member  States  on  cereals
      production[9] has been substantially amended several times[10]. In the interests of clarity and rationality the said Regulation  should  be
      codified.

                                            ê 837/90 Recital 1

   2) In order to carry out the tasks imposed on it by the Treaty and the Regulations concerning the common agricultural policy,  the  Commission
      needs to have reliable, comparable and up-to-date data, established by objective methods, on areas under cultivation, yields and production
      of cereals.

                                            ê 837/90 Recital 2 (adapted)

   3) It is appropriate to recognise the importance of the cereal production sector for the organisation and management of agricultural  markets,
      which implies that the requisite statistical surveys should be conducted on the basis of Community rules.

                                            ê 837/90 Recital 3

   4) Account should be taken of the experience acquired by statistical services with these surveys over many years.

                                            ê 837/90 Recital 4 (adapted)

   5) Ö It is appropriate Õ to define the statistical information to be supplied, to prescribe a satisfactory level of reliability and  lay  down
      additional technical information necessary to assess production figures, to provide for objectivity and representativeness  of  surveys  on
      area and production by a broad exchange of experience, involving meetings and reports and to fix the deadlines to be met.

                                            ê 837/90 Recital 5

   6) For cereals as a whole and some important types of cereals, the communication of regional data is also required on an annual basis.

                                            ê 837/90 Recital 8 (adapted)

   7) Ö The measures necessary for the application of this Regulation should be adopted in accordance with Council  Decision  1999/468/EC  of  28
      June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission[11], Õ

                                            ê 837/90 (adapted)

HAVE ADOPTED THIS REGULATION:

                                                                    Article 1

Member States shall provide the Statistical Office of the European Communities, hereinafter called Eurostat,  with  annual  data  on  cereals  as
specified in Articles 2 and 6.

                                                                    Article 2

1. This Regulation shall apply to the cereals listed in Annex I.

2. Ö For each group of cereals as specified in Annex II and for any cereal within group 7 of that  Annex,  production  of  which  exceeds  50 000
tonnes per year, each Õ Member State shall submit annual data on the following:

Ö (a) Õ     area under cultivation (1 000 ha);

Ö (b) Õ     average yield (100 kg/ha);

Ö (c) Õ     production harvested (1 000 tonnes).

3. In addition, Member States shall submit data on the  average  moisture  content[12],  expressed  as  a  percentage,  in  connection  with  the
information mentioned in Ö points (b) and (c) Õ of paragraph 2.

                                                                    Article 3

1. For each cereal referred to in Annex I in the Member State of  which  annual  production  exceeds  50 000  tonnes,  data  on  the  area  under
cultivation, yield and production shall be obtained from statistical surveys, which take the form of censuses or representative sample surveys.

2. These surveys shall be conducted using statistically recognised methods which meet the requirements on quality,  objectivity  and  reliability
as defined in Ö Articles 4 and 5 Õ .

                                            ê 837/90

                                                                    Article 4

1. In the case of sample surveys on areas under cultivation, the samples must be designed so that they are representative of at least 95% of  the
total area under cereal cultivation.

These area figures must be complemented by an estimate relying on data from other sources  and  relating  to  the  remaining  area  under  cereal
cultivation.

2. The sample surveys on areas must be designed so that the standard error for the total area under cereal cultivation in each individual  Member
State does not exceed either 1% of that area or 5 000 hectares.

                                                                    Article 5

1. In the case of sample surveys on yield or production, the samples must be designed so that the standard error for the total cereal  production
does not exceed either 2% of total production or 50 000 tonnes.

2. In addition to the requirements on total cereal production in paragraph 1, for each cereal referred to in Annex I of which production  in  the
Member State exceeds the threshold laid down in Article 3(1), the standard error for the production of the cereal should not exceed either 5%  of
that production or 20 000 tonnes.

                                            ê 837/90 (adapted)

                                                                    Article 6

Annual data on the area under cultivation, yields, production and moisture content must be forwarded to Eurostat at the regional  levels  defined
in Annex III.

                                            ê 837/90

These regional data must be supplied for total cereals, excluding rice, and for common wheat, durum wheat, rye, barley and grain maize.

The Member States shall indicate those regional figures having exceptionally high percentage standard errors.

                                            ê 837/90 (adapted)

                                                                    Article 7

1. The calendar year in which the harvest takes place shall hereinafter be referred to as the “harvest year”.

2. Member States shall supply Eurostat with provisional national data on the area under cultivation at the latest by 1  October  of  the  harvest
year. Final data on the area under cultivation shall be supplied at the latest by 1 April following the harvest year.

3. Initial estimates of national yields and production figures shall be forwarded at the latest by 15 November of the harvest  year.  Provisional
data on yield and production shall be supplied at the latest by 1 February and final figures at the latest by 1  October  following  the  harvest
year.

If yield and production figures refer to revised area data, the latter should also be submitted.

4. The regional data referred to in Article 6 shall be supplied at the same time as the final figures at national level and  be  consistent  with
them.

                                                                    Article 8

1. Member States shall submit a detailed methodological report to Eurostat describing how  the  data  for  areas  under  cultivation,  yield  and
production are derived for their countries and, where appropriate, regions and indicate the representativeness and reliability of these  figures.
Eurostat, in collaboration with the Member States, shall compile a summary of these reports.

2. Member States shall inform Eurostat of any modifications to  the  information  provided  under  paragraph  1  within  three  months  of  their
introduction.

Ö 3. Õ Methodological reports, transitional arrangements, data availability, data reliability  and  other  relevant  issues  connected  with  the
application of this Regulation shall be examined twice a year within the competent Working Party  of  the  Standing  Committee  for  Agricultural
Statistics.

                                            ê 837/90 Art.2(1), 2nd subpara., Art. 2(2) 2nd subpara., and Art. 6 2nd subpara. (adapted)

                                                                    Article 9

Ö Annexes I, II and III may be amended in accordance with the procedure laid down in Article 10(2) Õ.

                                            ê 1882/2003 Art. 3 and Annex III pt. 18 (adapted)

                                                                  Article Ö 10 Õ

1. The Commission shall be assisted by the Standing Committee on Agricultural Statistics, hereinafter referred to as “the Committee”.

2. Where reference is made to this Ö paragraph Õ, Articles 5 and 7 of Decision 1999/468/EC shall  apply,  having  regard  to  the  provisions  of
Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure.

                                            ê 

                                                                    Article 11

Regulation (EEC) No 837/90 is repealed.

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

                                            ê 837/90 (adapted)

                                                                    Article 12

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

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

Done at Brussels, […]

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

                                            ê 837/90

                                                                     ANNEX I

                                                       CEREALS REFERRED TO IN ARTICLE 2 (1)

CEREALS (excluding rice)

1.    Common wheat (Triticum aestivum L. emend. Fiori et Paol.)

2.    Durum wheat (Triticum durum Desf.)

3.    Rye (Secale cereale L.)

4.    Barley (Hordeum vulgare L.)

5.    Oats (Avena sativa L.)

6.    Grain maize (Zea mays L.)

7.    Cereals not elsewhere specified

7.1.  Maslin

7.2.  Sorghum (Sorghum bicolor (L.) Moench × Sorghum Sudanense (Piper) Stapf.)

7.3.  Triticale (X Triticosecale Wittm.)

7.4.  Millet (Panicum miliaceum)

7.5.  Buckwheat (Fagopyrum esculentum)

7.6.  Canary seed (Phalaris canariensis L.)

7.7.  Mixed grains other than maslin

7.8.  Corn-cob-mix (Zea mays L.)

8.    RICE

8.1.  Rice — round grain (Oryza sativa L.)

8.2.  Rice — medium grain (Oryza sativa L.)

8.3.  Rice — long grain (Oryza sativa L.)

                                                                  _____________

                                                                     ANNEX II

                                                  GROUPS OF CEREALS REFERRED TO IN ARTICLE 2 (2)

                                                             (data submission table)

                                                                      [pic]

                                                                  _____________

                                            ê Act of Accession (1994) Art. 29 and Annex I, p. 117

                                                                    ANNEX III

                                                     REGIONAL LEVELS REFERRED TO IN ARTICLE 6

|Member States                 |Regional breakdown by                                                                                 |
|Belgium                       |Provinces — Provincies                                                                                |

                                            ê Act of Accession (2003) Art. 20 and Annex II, p. 566

|Czech Republic                |kraje – NUTS 3                                                                                        |

                                            ê Act of Accession (1994) Art. 29 and Annex I, p. 117

|Denmark                       |—                                                                                                     |
|Germany                       |Bundesländer                                                                                          |

                                            ê Act of Accession (2003) Art. 20 and Annex II, p. 566

|Estonia                       |—                                                                                                     |

                                            ê Act of Accession (1994) Art. 29 and Annex I, p. 117 (adapted)

|Greece                        |Υπηρεσίες περιφερειακής ανάπτυξής                                                                     |
|Spain                         |Comunidades autónomas                                                                                 |
|France                        |Régions de programme                                                                                  |
|Ireland                       |—                                                                                                     |
|Italy                         |Regioni                                                                                               |

                                            ê Act of Accession (2003) Art. 20 and Annex II, p. 566 (adapted)

|Cyprus                        |—                                                                                                     |
|Latvia                        |NUTS 3 Ö reģions Õ                                                                                    |
|Lithuania                     |NUTS 3 Ö apskritys Õ                                                                                  |

                                            ê Act of Accession (1994) Art. 29 and Annex I, p. 117

|Luxembourg                    |—                                                                                                     |

                                            ê Act of Accession (2003) Art. 20 and Annex II, p. 566

|Hungary                       |tervezési-statisztikai régiók                                                                         |
|Malta                         |NUTS 2                                                                                                |

                                            ê Act of Accession (1994) Art. 29 and Annex I, p. 117
                                            è1 2197/95 Art. 1

|Netherland                    |Provincies                                                                                            |
|Austria                       |è1 Bundesländer ç                                                                                     |

                                            ê Act of Accession (2003) Art. 20 and Annex II, p. 566 (adapted)

|Poland                        |16 Ö województw Õ (NUTS 2)                                                                            |

                                            ê Act of Accession (1994) Art. 29 and Annex I, p. 117 (adapted)

|Portugal                      |NUTS Ö 2 Õ                                                                                            |

                                            ê Act of Accession (2003) Art. 20 and Annex II, p. 566

|Slovenia                      |NUTS 2                                                                                                |
|Slovakia                      |NUTS 2                                                                                                |

                                            ê Act of Accession (1994) Art. 29 and Annex I, p. 117 (adapted)
                                            è1 2197/95 Art. 1

|Finland                       |è1 Etelä-Suomi                                                                                        |
|                              |Sisä-Suomi                                                                                            |
|                              |Pohjanmaa                                                                                             |
|                              |Pohjois-Suomi ç                                                                                       |
|Sweden                        |è1 8 Riksområden ç                                                                                    |
|United Kingdom                |Standard regions                                                                                      |
|NUTS = Nomenclature of Territorial Units for Statistics.                                                                             |

                                                                  _____________

                                            é

                                                                     ANNEX IV

                                                                      Part A

                                                Repealed Regulation with its successive amendments

|Council Regulation (EEC) No 837/90                                                    |                                            |
|(OJ L 88, 3.4.1990, p. 1)                                                             |                                            |
|Council Regulation (EEC) No 3570/90                                                     |Only Article 3                              |
|(OJ L 353, 17.12.1990, p. 8)                                                            |                                            |
|Commission Regulation (EC) No 2197/95                                                   |Only Article 1                              |
|(OJ L 221, 19.9.1995, p. 2)                                                             |                                            |
|Regulation (EC) No 1882/2003 of the European Parliament and of the Council              |Only Annex III.18                           |
|(OJ L 284, 31.10.2003, p. 1)                                                            |                                            |

                                                                      Part B

                                                            Non-repealed amending acts

Act of Accession of 1994

Act of Accession of 2003

                                                                  _____________

                                                                     ANNEX V

                                                                Correlation Table

|Regulation (EEC) No 837/90                                           |This Regulation                                                      |
|Article 1                                                            |Article 1                                                            |
|Article 2(1) first subparagraph                                      |Article 2(1)                                                         |
|Article 2(1) second subparagraph                                     |Article 9                                                            |
|Article 2(2) first subparagraph first, second and third indents      |Article 2(2) points (a), (b) and (c)                                 |
|Article 2(2) second subparagraph                                     |Article 9                                                            |
|Article 2(3)                                                         |Article 2(3)                                                         |
|Article 3(1)                                                         |Article 3(1)                                                         |
|Article 3(2)                                                         |Article 3(2)                                                         |
|Article 3(3)                                                         |-                                                                    |
|Article 4                                                            |Article 4                                                            |
|Article 5                                                            |Article 5                                                            |
|Article 6 first subparagraph                                         |Article 6 first subparagraph                                         |
|Article 6 second subparagraph                                        |Article 9                                                            |
|Article 6 third and fourth subparagraphs                             |Article 6 second and third subparagraphs                             |
|Article 7                                                            |Article 7                                                            |
|Article 8(1)                                                         |Article 8(1)                                                         |
|Article 8(2)                                                         |Article 8(2)                                                         |
|Article 8(3)                                                         |-                                                                    |
|Article 8(4)                                                         |Article 8(3)                                                         |
|Article 9                                                            |-                                                                    |
|Article 10                                                           |-                                                                    |
|Article 11                                                           |Article 10                                                           |
|-                                                                    |Article 11                                                           |
|Article 12                                                           |Article 12                                                           |
|Annex I                                                              |Annex I                                                              |
|Annex II                                                             |Annex II                                                             |
|Annex III                                                            |Annex III                                                            |
|-                                                                    |Annex IV                                                             |
|-                                                                    |Annex V                                                              |

                                                                  _____________

                                                             -----------------------
[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 IV to this proposal.
[5]   OJ Ö L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).Õ
[6]   Ö OJ L 270, 21.10.2003, p. 96 Õ.
[7]   OJ C […], […], p. […].
[8]   OJ C […], […], p. […].
[9]   OJ L 88, 3.4.1990, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the Council and of the  European  Parliament  (OJ  L
      284, 31.10.2003, p. 1).
[10]  See Annex IV.
[11]  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).
[12]  For the procedure to be followed in ascertaining the moisture content, see Annex Ö I Õ to Commission Regulation Ö (EC) No  824/2000  of  19
      April 2000 establishing procedures for the taking-over of cereals by  intervention  agencies  and  laying  down  methods  of  analysis  for
      determining the quality of cereals (OJ L 100, 20.4.2000, p. 31). Õ Other approximation methods are allowed.