Regulation (EU) No 1318/2013 of the European Parliament and of the Council of 22 October 2013 amending Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community
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Article 1
‘1 To meet the needs of the common agricultural policy, a Union farm accountancy data network (“FADN” or “data network”) is set up for the collection of farm accountancy data.’;
‘3 The data obtained pursuant to this Regulation shall, in particular, serve as the basis for the drawing up of reports by the Commission on the situation of agriculture and of agricultural markets, as well as on farm incomes in the Union. Those reports shall be made publicly available on a dedicated website.’;
Article 3
In order to ensure that the list of FADN divisions can be updated following a request by a Member State, the Commission shall be empowered to adopt delegated acts, in accordance with Article 19a, amending Annex I with respect to the list of FADN divisions per Member State.’;
Article 4
This Chapter shall apply to the collection of accountancy data for the purposes of making an annual determination of incomes and a business analysis of agricultural holdings. Those data shall be collected by means of regular and special surveys.’;
Article 5a
1 Each Member State shall draw up a plan for the selection of returning holdings that ensures a representative accounting sample of the field of survey. The Commission shall adopt delegated acts, in accordance with Article 19a, laying down the rules by which Member States are to draw up such plans. Such rules shall ensure that plans for the selection of returning holdings: are drawn up on the basis of the most recent statistical data, are presented in accordance with the Union typology for agricultural holdings, and specify, in particular, the distribution of returning holdings per category of holding and the detailed rules for their selection.
2 In accordance with the rules adopted in accordance with paragraph 1, and on the basis of the data received from Member States, the Commission shall adopt implementing acts fixing the number of returning holdings per Member State and per FADN division. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19b(2).
3 The number of returning holdings to be selected per FADN division may differ from the number laid down in the implementing acts to be adopted pursuant to paragraph 2 by a maximum of 20 % in either direction, provided that the total number of the returning holdings of the Member State concerned is respected.
4 The Commission shall adopt implementing acts establishing and updating models and methods relating to the form and content of the data to be notified to the Commission by Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19b(2).
Article 5b
1 Agricultural holdings shall be classified in a uniform manner according to the Union typology for agricultural holdings (“the typology”), depending on their type of farming, their economic size and the importance of other gainful activities directly related to them. The typology shall be used in particular for the presentation, by type of farming and by economic size class, of data collected through the Union farm structure surveys and the FADN.
2 The type of farming of a holding shall be determined by the relative contribution of the standard output of the different characteristics of that holding to the total standard output of the holding. The Commission shall be empowered to adopt delegated acts, in accordance with Article 19a, fixing the reference period for the standard output.
3 Holdings shall be classified by a limited number of types of farming. General types of farming shall be specified. Depending on the amount of detail required, the general types of farming shall be divided into principal types of farming. The Commission shall be empowered to adopt delegated acts, in accordance with Article 19a, concerning the determination of the general and principal types of farming. The correspondence between general and principal types of farming and particular types of farming specialisations corresponding to principal types of farming shall be specified.
4 The economic size of the holding shall be determined on the basis of the total standard output of the holding.
5 The importance of the gainful activities directly related to the holding other than the agricultural activities of the holding shall be determined on the basis of the contribution of those gainful activities to the output of the holding.
6 The standard outputs and the data for their determination shall be transmitted to the Commission (Eurostat) by the liaison agency designated by each Member State in accordance with Article 7 or by the body to which that function has been delegated.
7 The Commission shall adopt implementing acts laying down: methods for the calculation of particular types of farming specialisations referred to in paragraph 3 and for assigning the holding to a principal type of farming, the method for the calculation of the economic size of the holding, economic size classes for the holdings, referred to in paragraph 1, methods for the calculation of the output of the holding, and for estimating the contribution of other gainful activities to that output, for the purposes of paragraph 5, the method for the calculation to determine the standard outputs of each characteristic referred in paragraph 2, the procedures for collecting the corresponding data and the means of, and deadlines for, the transmission of the standard outputs to the Commission, in accordance with paragraph 6. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19b(2).’;
Article 7
1 Each Member State shall appoint a liaison agency whose tasks shall be: (a) to inform the National Committee, the Regional Committees and the accountancy offices of the applicable regulatory framework and to ensure proper implementation thereof; (b) to draw up the plan for the selection of returning holdings, to submit it to the National Committee for its approval and, thereafter, to forward it to the Commission; (c) to compile: (i) the list of returning holdings; (ii) where applicable, the list of the accountancy offices willing and able to complete farm returns; (d) assemble the farm returns sent to it by the accountancy offices; (e) to verify that the farm returns have been duly completed; (f) to forward the duly completed farm returns to the Commission in the required format and within the set deadline; (g) to transmit the requests for information provided for in Article 17 to the National Committee, to the Regional Committees and to the accountancy offices and to forward the relevant answers to the Commission.
2 The Commission shall adopt implementing acts laying down detailed rules for the application of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19b(2).’;
Article 19a
1 The power to adopt the delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2 The power to adopt delegated acts referred to in Article 3, Articles 5(1) and 5a(1), Article 5b(2) and (3) and Article 8(3) shall be conferred on the Commission for a period of five years from 20 December 2013. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3 The delegation of power referred to in Article 3, Articles 5(1) and 5a(1), Article 5b(2) and (3) and Article 8(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4 As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5 A delegated act adopted pursuant to Article 3, Articles 5(1) and 5a(1), Article 5b(2) and (3) and Article 8(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 19b
1 The Commission shall be assisted by a Committee called “Committee for the Farm Accountancy Data Network”. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers .
2 Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 2
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. It shall apply from 1 January 2014.
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