Regulation No 79/65/EEC of the Council (repealed)Show full title

CHAPTER II U.K. Determination of incomes on agricultural holdings

Article 3 U.K.

The provisions of this Chapter concern the collection of accountancy data for the purpose of making an annual determination of incomes on agricultural holdings.

[F1 Article 4 U.K.

1. The field of survey referred to in Article 1 (2) (a) shall cover the agricultural holdings having an economic size equal to, or greater than, a threshold expressed in European size units (ESU), as defined in the Community typology.

2. To qualify as a returning holding, an agricultural holding shall:

• have an economic size equal to, or greater than, a threshold to be determined in accordance with paragraph 1;

• be farmed by a farmer holding accounts or willing and able to keep farm accounts and willing to allow the accountancy data from his holding to be made available to the Commission;

• be representative, together with the other holdings and at the level of each division, of the field of survey.

[F2 3. The maximum number of returning holdings shall be 105 000 for the Community.]

4. Detailed rules for the application of this Article, and in particular the threshold for the economic size and the number of returning holdings per division, shall be adopted in accordance with the procedure laid down in Article 19.]

Textual Amendments

F1 Inserted by Council Regulation (EC) No 2801/95 of 29 November 1995.

F2 Substituted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

[F3 Article 5 U.K.

1. Each Member State shall, before 1 February 1982, set up a national committee for the data network, hereinafter called ‘National Committee’. [F4 [F5 Austria, Finland and Sweden shall set up the said Committee within a period of 6 months from their accession.] ] [F6 The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall set up a National Committee by the end of the sixth month following the date of accession at the latest.] [F7 Bulgaria and Romania shall set up a National Committee by the end of the sixth month following the date of accession at the latest.]

2. The National Committee shall be responsible for the selection of returning holdings. To this end, its duties shall, in particular, include approval of:

(a) the plan for the selection of returning holdings, specifying in particular the distribution of returning holdings per category of holding and the detailed rules for selecting the said holdings;

(b) the report on the implementation of the plan for the selection of returning holdings.

3. The chairman of the National Committee shall be appointed by the Member State from among the members of this Committee.

The National Committee shall take its decisions unanimously; in the event of unanimity not being achieved, decisions shall be taken by an authority appointed by the Member State.

4. Member States which have several decisions may, for each of the divisions under their jurisdiction, set up a regional committee of the data network, hereinafter called ‘ Regional Committee ’ .

The Regional Committee shall in particular have the duty of cooperating with the liaison agency referred to in Article 6 in selecting the returning holdings.

5. Detailed rules for the application of this Article shall be adopted pursuant to the procedure laid down in Article 19.

Textual Amendments

F3 Inserted by Council Regulation (EEC) No 2143/81 of 27 July 1981.

F4 Inserted by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (94/C 241/08).

F5 Inserted by Decision of the Council of the European Union of 1 January 1995 adjusting the instruments concerning the accession of new Member States to the European Union (95/1/EC, Euratom, ECSC).

F6 Inserted by Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded.

F7 Inserted by Council Regulation (EC) No 1791/2006 of 20 November 2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania.

Article 6 U.K.

1. Each Member State shall appoint a liaison agency whose duties shall be:

(a) to inform the National Committee, the Regional Committees and the accountancy offices of the detailed rules of application concerning them and to ensure that those rules are properly implemented;

(b) to draw up and submit to the National Committee for its approval, and thereafter to forward to the Commission:

• (b) the plan for the selection of returning holdings, which plan shall be drawn up on the basis of the most recent statistical data, presented in accordance with the Community typology of agricultural holdings,

• the report on the implementation of the plan for the selection of returning holdings;

(c) to compile:

• (c) the list of returning holdings,

• the list of the accountancy offices willing and able to complete farm returns in accordance with the terms of the contracts provided for in Articles 9 and 14;

(d) to assemble the farm returns sent to it by the accountancy offices and to verify on the basis of a common inspection programme that they have been duly completed;

(e) to forward the duly completed farm returns to the Commission immediately after verification;

(f) to transmit to the National Committee, the Regional Committees and the accountancy offices the requests for information mentioned in Article 16 and to forward the relevant answers to the Commission.

2. The detailed rules for the application of this Article shall be adopted in accordance with the procedure laid down in Article 19.]

Textual Amendments

F3 Inserted by Council Regulation (EEC) No 2143/81 of 27 July 1981.

Article 7 U.K.

1. Each returning holding shall be the subject of an individual and anonymous farm return.

2. The accountancy data provided by each farm return must be such that it is possible:

• to characterise the accounting holding by reference to the main elements of its factors of production;

• to assess the income of the holding in its various forms;

• to test by means of spot-checks the veracity of the information given.

3. The type of accountancy data to be given in a farm return, the form in which such data are to be presented and the definitions and instructions relating thereto shall be determined in accordance with the procedure laid down in Article 19.

Article 8 U.K.

A farmer whose holding is selected as a returning holding shall choose from a list compiled for the purpose by the liaison agency an accountancy office willing to complete the return for his holding in accordance with the terms of the contract provided for in Article 9.

Article 9 U.K.

1. A contract shall be concluded annually on the authority of the Member State between the competent authority designated by the latter and each accountancy office chosen as provided in Article 8. Under this contract the accountancy office will undertake, in consideration of a standard fee, to complete farm returns in a manner consistent with the provisions of Article 7.

2. The terms of this contract, which must be uniform in all Member States, shall be determined in accordance with the procedure laid down in Article 19.

[ F8 . . . . .]

3. Where the duties of an accountancy office are carried out by an administrative department, the latter shall be notified as to its duties through the normal administrative channels.

Textual Amendments

F8 Deleted by Council Regulation (EEC) No 2143/81 of 27 July 1981.