REPORT on the proposal for a regulation of the European Parliament and of the Council concerning European statistics on permanent crops

6.5.2011 - (COM(2010)0249 – C7‑0129/2010 – 2010/0133(COD)) - ***I

Committee on Agriculture and Rural Development
Rapporteur: Mariya Nedelcheva

Amendments

• 001-023 (PDF - 167 KB)
• 001-023 (DOC - 208 KB)
• 024-024 (PDF - 202 KB)
• 024-024 (DOC - 334 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council concerning European statistics on permanent crops

(COM(2010)0249 – C7‑0129/2010 – 2010/0133(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the Parliament and the Council (COM(2010)0249),

–   having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0129/2010),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Agriculture and Rural Development (A7-0188/2011),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Proposal for a regulation Recital 3 a (new)
Text proposed by the Commission	Amendment
	(3a) It is necessary to strengthen cooperation between the authorities involved in the drawing up and the publication of European statistics.
Amendment  2 Proposal for a regulation Recital 3 b (new)
Text proposed by the Commission	Amendment
	(3b) When preparing and drawing up European statistics, account should be taken of international recommendations and examples of best practice.
Amendment  3 Proposal for a regulation Recital 12
Text proposed by the Commission	Amendment
(12) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union for the purposes of modifying the Annexes.	(12) In order to take account of economic and technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of modifying Annexes II and III. It is of particular importance that the Commission carry out appropriate consultations, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure the simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Justification
The objectives, content, scope and duration of the delegation of power pursuant to Article 290 TFEU must be explicitly and meticulously defined in each basic act. The wording proposed by the rapporteur in respect of delegated acts is based on the Common Understanding approved by the Conference of Committee Chairs at its meeting of 15 February 2011.
Amendment  4 Proposal for a regulation Article 1
Text proposed by the Commission	Amendment
1. This Regulation establishes a common framework for systematic production of European statistics on the permanent crops listed in Annex I.	This Regulation establishes a common framework for systematic production of European statistics on the permanent crops listed below:
	(a) dessert apple trees;
	(b) apple trees for industrial processing (optional);
	(c) dessert pear trees;
	(d) pear trees for industrial processing (optional);
	(e) apricot trees;
	(f) peach trees;
	(g) orange trees;
	(h) small citrus fruit trees;
	(i) lemon trees;
	(j) olive trees;
	(k) vines intended for the production of table grapes;
	(l) vines for purposes other than for the production of table grapes.
Justification
The list of permanent crops to which this Regulation applies constitutes an essential element (scope), which should be defined in the articles of the legislative act and should not be subject to amendment by delegated acts.
Amendment  5 Proposal for a regulation Article 2 – point 6
Text proposed by the Commission	Amendment
6. 'normal planting period' means the period of the year when permanent crops are normally planted starting in mid-autumn and finishing by mid-spring of the following year:	6. 'usual planting period' means the period of the year when permanent crops are usually planted starting in mid-autumn and finishing by mid-spring of the following year:
Amendment  6 Proposal for a regulation Article 3 – paragraph 1 – subparagraph 2
Text proposed by the Commission	Amendment
Holdings can be excluded if they are of less than 0.1 hectare, producing entirely or mainly for the market of each permanent crop referred to in each Member State if their cumulated area represents less than 5% of the total planted area of the individual crop.	Holdings can be excluded if they are of less than 0.2 hectare, producing entirely or mainly for the market of each permanent crop referred to in each Member State if their cumulated area represents less than 5% of the total planted area of the individual crop.
Justification
This amendment is intended to reduce the administrative burden placed on small holdings.
Amendment  7 Proposal for a regulation Article 3 – paragraph 3
Text proposed by the Commission	Amendment
3. Without prejudice to any delegated act adopted in accordance with Article 4 (4) of this Regulation, the statistics for crops referred to in point 12 of Annex I shall be provided using the data available in the vineyard register implemented in accordance with Article 185a of Regulation (EC) No 1234/2007 for all the holdings included in this register as defined in Article 3(1a) of Commission Regulation (EC) No 436/2009.	3. The statistics for crops referred to in point 12 of Annex I shall be provided using the data available in the vineyard register implemented in accordance with Article 185a of Regulation (EC) No 1234/2007 for all the holdings included in this register as defined in Article 3(1a) of Commission Regulation (EC) No 436/2009.
Justification
The statistics on areas under vines should be compiled solely on the basis of the data available in the vineyard register.
Amendment  8 Proposal for a regulation Article 4 – paragraph 4
Text proposed by the Commission	Amendment
4. The Commission shall adopt delegated acts in accordance with Article 10 for the purpose of modifying the list in Annex I and the statistics set out in Annexes II and III.	4. The Commission shall be empowered to adopt delegated acts in accordance with Article 10 concerning the modification of Annexes II and III only to the extent that this does not result in a significant additional administrative burden for Member States and holdings producing the crops referred to in Article 1.
Justification
The objectives, content, scope and duration of the delegation of power pursuant to Article 290 TFEU must be explicitly and meticulously defined in each basic act. The wording proposed by the rapporteur in respect of delegated acts is based on the Common Understanding approved by the Conference of Committee Chairs at its meeting of 15 February 2011.
Amendment  9 Proposal for a regulation Article 5 – paragraph 3
Text proposed by the Commission	Amendment
3. The statistics provided shall refer to the planted area after the normal planting period.	3. The statistics provided shall refer to the planted area after the usual planting period.
Amendment  10 Proposal for a regulation Article 6 – paragraph 1
Text proposed by the Commission	Amendment
1. Member States conducting sample surveys in order to obtain these statistics shall take all necessary steps to ensure that the data meet the following precision requirements: the coefficient of variation of the data shall not exceed, at national level, 3 % for the area under cultivation for each of the crops referred to in points 1 to 11 and 1 % for the crops referred to in point 12 of Annex I.	1. Member States conducting sample surveys in order to obtain these statistics shall take all necessary steps to ensure that the data meet the following precision requirements: the coefficient of variation of the data shall not exceed, at national level, 3 % for the area under cultivation for each of the crops referred to in Article 1.
Justification
The amendment is intended to reduce the administrative burden on national administrations.
Amendment  11 Proposal for a regulation Article 8 – paragraph 1
Text proposed by the Commission	Amendment
1. Member States shall transmit to the Commission (Eurostat) the data set out in Annexes II and III by 31 July of the year following the reference period at the latest.	1. Member States shall transmit to the Commission (Eurostat) the data set out in Annexes II and III by 30 September of the year following the reference period, at the latest.
Justification
The existing deadlines for the transmission of data have been proved satisfactory in practice; they should not be shortened, but retained in the new Regulation.
Amendment  12 Proposal for a regulation Article 8 – paragraph 2
Text proposed by the Commission	Amendment
2. The Commission shall adopt delegated acts in accordance with Article 10 for the purpose of adapting the transmission tables set out in Annexes II and III.	deleted
Justification
The amendment tabled to Article 4(4) makes this paragraph unnecessary.
Amendment  13 Proposal for a regulation Article 9 – paragraph 2
Text proposed by the Commission	Amendment
2. By 31 July 2013, and every five years thereafter, Member States shall provide the Commission (Eurostat) with reports on the quality of the data transmitted and the methods used.	2. By 30 September 2013, and every five years thereafter, Member States shall provide the Commission (Eurostat) with reports on the quality of the data transmitted and the methods used in respect of statistics on the crops referred to in Article 1, points (a) to (k).
(See amendment relating to Article 9(2a) (new).)
Justification
The existing deadlines for the transmission of data have been proved satisfactory in practice; they should not be shortened, but retained in the new Regulation.
Amendment  14 Proposal for a regulation Article 9 – paragraph 2 a (new)
Text proposed by the Commission	Amendment
	2a. By 30 September 2016, and every five years thereafter, Member States shall provide the Commission (Eurostat) with reports on the quality of the data transmitted and the methods used for the statistics on the crops referred to in Article 1, point (l).
Justification
The existing deadlines for the transmission of data have been proved satisfactory in practice; they should not be shortened, but retained in the new Regulation.
Amendment  15 Proposal for a regulation Article 10
Text proposed by the Commission	Amendment
1. The powers to adopt the delegated acts referred to in Articles 4(4) and 8(2) shall be conferred on the Commission for an indeterminate period of time.	1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
	1a. The delegation of power referred to in Article 4(4) shall be conferred on the Commission for a period of five years from …*. 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.
	1b. The delegation of power referred to in Article 4(4) 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.
2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.	2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
3. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in Articles 11 and 12.	3. deleted
	3a. A delegated act adopted pursuant to Article 4(4) 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.
	* Date of entry into force of this Regulation.
(See amendment to Articles 11 and 12.)
Justification
The objectives, content, scope and duration of the delegation of power pursuant to Article 290 TFEU must be explicitly and meticulously defined in each basic act. The wording proposed by the rapporteur in respect of delegated acts is based on the Common Understanding approved by the Conference of Committee Chairs at its meeting of 15 February 2011.
Amendment  16 Proposal for a regulation Article 11
Text proposed by the Commission	Amendment
Article 11	deleted
Revocation of delegation
1. The delegation of power referred to in Articles 4(4) and 8(2) may be revoked by the European Parliament or by the Council.
2. If an institution commences an internal procedure for deciding whether to revoke delegation of power, it shall inform the other legislator and the Commission at the latest one month before the final decision is taken, stating the delegated powers which could be subject to revocation and the reasons for revocation.
3. The revocation decision shall put an end to delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of delegated acts already in force. It shall be published in the Official Journal of the European Union.
(See amendment to Article 10.)
Amendment  17 Proposal for a regulation Article 12
Text proposed by the Commission	Amendment
Article 12	deleted
Objection to delegated acts
1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification. At the initiative of the European Parliament or the Council, this period shall be extended by one month.
2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, or if, before that deadline, the European Parliament and the Council have both informed the Commission that they have decided not to raise any objection, the delegated act shall enter into force on the date stated in its provisions.
3. If the European Parliament or the Council objects to an adopted delegated act, it shall not enter into force. The institution concerned shall state the reasons for objecting to the delegated act.
(See amendment to Article 10.)
Amendment  18 Proposal for a regulation Annex I
Text proposed by the Commission	Amendment
	Annex deleted
Justification
The list of permanent crops to which this Regulation applies constitutes an essential element (scope), which should be defined in the articles of the legislative act and should not be subject to amendment by delegated acts.
Amendment  19 Proposal for a regulation Annex II – point 5
Text proposed by the Commission
5.          Summary
The data (in ha) to be provided should be the following:
Member State: Region: Specie: Group:   Age class 1 Age class 2 Age class 3 Age class 4 Age class 5 Density class 1           Density class 2           Density class 3           Density class 4           Density class 5
Amendment
deleted
Amendment  20 Proposal for a regulation Annex III – Table 1 - Table 1.1
Text proposed by the Commission	Amendment
	Table deleted
Justification
This table lays down additional requirements which do not exist under the current legal framework, particularly with regard to the breakdown of data by NUTS 3 region. The production of such detailed data at regional level would place a heavy administrative burden on respondents, whilst it is uncertain to what use the data would be put.
Amendment  21 Proposal for a regulation Annex III – Table 2 - Table 2.1
Text proposed by the Commission
Table 2.1: Wine-grower holdings by size classes of the total area under vines, total vineyard
Size classes of (ha) No. hold. No. prcl. Area (ha) Prod. (hl or 100kg) < 0.10 *         0.10 - < 0.50         0.50 - < 1         1 - < 3         3 - < 5         5 - < 10         > 10
* Only for the country(ies) concerned.
Amendment
Table 2.1: Wine-grower holdings by size classes of the total area under vines, total vineyard
Size classes of (ha) No. hold. Area (ha) < 0.10 *     0.10 - < 0.50     0.50 - < 1     1 - < 3     3 - < 5     5 - < 10     > 10
* Only for the country (or countries) concerned.
Justification
The characteristics mentioned involve extending the existing surveys of areas under vines, even though there is no need for these data from a regulatory or wine-growing policy perspective. These data are furthermore not fully available in the vineyard register in all Member States which, according to Article 3(3), forms the basis of the survey on the area under vines.
Amendment  22 Proposal for a regulation Annex III – Table 3 - Table 3.1
Text proposed by the Commission
Table 3.1: Wine-grower holdings by degree of specialisation and size classes by NUTS1/NUTS 2 (to be defined by MS)
Degree of specialisation < 0.10 ha4 … No. hold. Area (ha)   Prod. (hl or 100 kg)   No. hold. Area (ha)   Prod. (hl or 100 kg)   Holdings with vines             Holdings having vine areas exclusively intended for wine production             Ÿof which holdings having vine areas exclusively intended for production of PDO and/or PGI wine             - of which only PDO             - of which only PGI             - of which PDO and PGI             Ÿof which holdings having vine areas exclusively intended for wine production without PDO and/or PGI             Ÿof which holdings having vine areas intended for the production of several types of wines             Holdings having vine areas exclusively intended for production of dried grapes             Holdings having other areas under vines             Holdings having vine areas intended for several types of production
Amendment
Table 3.1: Wine-grower holdings by degree of specialisation and size classes by NUTS1/NUTS 2 (to be defined by MS)
Degree of specialisation < 0.10 ha4 …   No. hold. Area (ha)   No. hold. Area (ha)   Holdings with vines         Holdings having vine areas exclusively intended for wine production         Ÿof which holdings having vine areas exclusively intended for production of PDO and/or PGI wine         - of which only PDO         - of which only PGI         - of which PDO and PGI         Ÿof which holdings having vine areas exclusively intended for wine production without PDO and/or PGI         Ÿof which holdings having vine areas intended for the production of several types of wines         Holdings having vine areas exclusively intended for production of dried grapes         Holdings having other areas under vines         Holdings having vine areas intended for several types of production
Justification
The characteristics mentioned involve extending the existing surveys of areas under vines, even though there is no need for these data from a regulatory or wine-growing policy perspective. These data are furthermore not fully available in the vineyard register in all Member States which, according to Article 3(3), forms the basis of the survey on the area under vines.
Amendment  23 Proposal for a regulation Annex III – Table 3 - Table 3.2
Text proposed by the Commission
Degree of specialisation < 0.10 ha4 …   No. hold. Area (ha)   Prod. (hl or 100 kg)   No. hold. Area (ha)   Prod. (hl or 100 kg)   As for Table 3.1
Amendment
Degree of specialisation < 0.10 ha4 …   No. hold. Area (ha)   No. hold. Area (ha)   As for Table 3.1
Justification
The characteristics mentioned involve extending the existing surveys of areas under vines, even though there is no need for these data from a regulatory or wine-growing policy perspective. These data are furthermore not fully available in the vineyard register in all Member States which, according to Article 3(3), forms the basis of the survey on the area under vines.

EXPLANATORY STATEMENT

The rapporteur welcomes the Commission proposal, the aim of which is to update the legal framework for European statistics on permanent crops in line with current user and market requirements. The rapporteur stresses the objective of achieving simplification and recognises the efforts made by the Commission to reduce the administrative burden on respondents and ensure that statistical data on permanent crops provide a reliable basis for taking judicious decisions in relation to production and the European market.

The rapporteur considers, however, that a number of amendments are needed in order to achieve a better balance between user needs and the administrative burden associated with producing data.

In particular, the rapporteur believes that the administrative burden may be reduced by amending the precision requirements, excluding all small holdings of less than 0.2 hectares from the scope of the provisions and no longer requiring a breakdown by NUTS 3 region to be given for certain data on vines for purposes other than for the production of table grapes.

With regard to the delegation of power to the Commission to amend certain aspects of this Regulation through delegated acts, the rapporteur stresses that the principles laid down in the European Parliament resolution of 5 May 2010 on the power of legislative delegation (2010/2021(INI)) must be strictly applied. The rapporteur emphasises that, in accordance with this resolution, the objectives, content, scope and duration of the delegation of power pursuant to Article 290 TFEU must be explicitly and meticulously defined in each basic act. With this in mind, the rapporteur has proposed a series of amendments relating to delegated acts. The wording used is based on the Common Understanding agreed by the legal services of the European Parliament, the Council and the Commission and approved by the Conference of Committee Chairs at its meeting of 15 February 2011.

PROCEDURE

Title	European statistics on permanent crops
References	COM(2010)0249 – C7-0129/2010 – 2010/0133(COD)
Date submitted to Parliament	21.5.2010
Committee responsible        Date announced in plenary	AGRI 15.6.2010
Rapporteur(s)        Date appointed	Mariya Nedelcheva 2.6.2010
Discussed in committee	29.9.2010		28.3.2011
Date adopted	2.5.2011
Result of final vote	+: –: 0:	33 1 0
Members present for the final vote	John Stuart Agnew, Luis Manuel Capoulas Santos, Vasilica Viorica Dăncilă, Michel Dantin, Paolo De Castro, Albert Deß, Herbert Dorfmann, Hynek Fajmon, Iratxe García Pérez, Béla Glattfelder, Esther Herranz García, Peter Jahr, Elisabeth Jeggle, Jarosław Kalinowski, Elisabeth Köstinger, Agnès Le Brun, George Lyon, Gabriel Mato Adrover, Mariya Nedelcheva, Rareş-Lucian Niculescu, Wojciech Michał Olejniczak, Georgios Papastamkos, Marit Paulsen, Britta Reimers, Ulrike Rodust, Giancarlo Scottà, Csaba Sándor Tabajdi, Marc Tarabella, Janusz Wojciechowski
Substitute(s) present for the final vote	Salvatore Caronna, Marian Harkin, Giovanni La Via, Milan Zver
Substitute(s) under Rule 187(2) present for the final vote	Eider Gardiazábal Rubial
Date tabled	6.5.2011