EUROPEAN COMMISSION

Brussels, 12.8.2021

COM(2021) 477 final

2021/0270(COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EU) 2018/1091 as regards the Union contribution for the integrated farm statistics under the 2021-2027 financial framework

(Text with EEA relevance)

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

Regulation (EU) 2018/1091 establishes the financial envelope (i.e. the budget allocation) for the entire duration of the relevant multiannual financial framework (MFF). It includes a provision for establishing the data collection budget for the surveys to be conducted in 2023 and 2026. Its Article 14 states that following the date of entry into force of the 2021-2027 MFF, the amount for the post-2020 period should be fixed by the European Parliament and the Council based on a proposal by the Commission.

•Consistency with existing policy provisions in the policy area

Statistics must be reliable and of high quality to enable policymakers, businesses and the general public to take appropriate evidence-based decisions.

The 2020 agricultural statistics strategy includes the following key objectives:

·produce high-quality statistics that meet users’ needs efficiently and effectively;

·improve the harmonisation and coherence of European agricultural statistics.

•Consistency with other Union policies

Providing quality statistics to support European policies is a main objective for European statistics under the single market programme 3 . Environmental and agricultural statistics are one of three statistics-gathering areas under the programme. There is also a need for timely and relevant data for the common agricultural policy (CAP).

This initiative implements that objective for the period 2021-2026.

The European Agricultural Statistics System will also contribute to at least two of the six priorities of the von der Leyen Commission, namely

·a European Green Deal with the underlying farm to fork and biodiversity strategies, and

·an economy that works for people

by providing better data for assessing the sustainability of the sector covering the environment, people, regions and the economy. Agricultural statistics are also useful for other EU or Member State priorities affecting or affected by agriculture and rural development.

EU policies need to be backed by high-quality, comparable and reliable statistical information on the economic, social, territorial and environmental situation across the EU. European statistics can also help the broader public understand and participate in the democratic process and debate the current state and the future of the EU. For agricultural statistics, the focus is on providing timely and relevant data for the needs of the CAP, the common fisheries policy and other environmental, food security and animal welfare policies.

Agricultural statistics provide the high-quality evidence needed to implement and monitor the CAP. The CAP is an important driver for jobs and smart, sustainable and inclusive growth in the EU. The rural development policy - an integral part of the CAP - aims to improve the competitiveness and sustainability of agricultural production in addition to its social objectives. The CAP accounted for over 37% of the total EU budget under the 2014-2020 MFF.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

Article 338 of the Treaty on the Functioning of the European Union (TFEU) provides the legal basis for European statistics. Acting in accordance with the ordinary legislative procedure, the European Parliament and the Council adopt measures on the production of statistics where they are necessary for the EU to carry out its role. Article 338 sets out the requirements for European statistics, stating that they must conform to standards of impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality. Regulation (EC) No 223/2009 of the European Parliament and of the Council 4 establishes a legal framework for the development, production and dissemination of European statistics.

•Subsidiarity (for non-exclusive competence)

The subsidiarity principle applies as the proposal does not fall within the exclusive competence of the EU. The European Statistical System (ESS) provides an infrastructure for statistical information. The system is designed to meet the needs of multiple users and support the decision-making process in democratic societies. The proposal for this Regulation has been drafted to protect core activities of ESS partners while better ensuring and assuring the quality and comparability of agricultural statistics.

Key criteria for the statistical data include consistency and comparability. Member States cannot achieve the necessary consistency and comparability without a clear European framework, i.e. EU legislation laying down the common statistical concepts, reporting formats and quality requirements. The comparability requirement is particularly important for agricultural statistics because of the CAP.

•Proportionality

The proposal complies with the proportionality principle, in view of the following:

It will ensure the quality and comparability of European agricultural statistics collected and compiled by applying the same principles across Member States. Similarly, it will ensure that European agricultural statistics remain relevant and are adapted to respond to user needs. The Regulation will make the production of statistics more cost-effective while respecting the specific characteristics of Member States’ systems.

•Choice of the instrument

Proposed instrument: Regulation.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Ex-post evaluations / fitness checks of existing legislation

·Current legislation on agricultural statistics does not adequately meet new and emerging data needs because such statistics are not included as a requirement in the legal acts. The acts are also not flexible and integrated enough to respond promptly to emerging needs.

·The European Agricultural Statistics System is not sufficiently flexible and does not react quickly enough to emerging needs. This is partly due to the nature of statistics-gathering, but also to the way the regulations have been set up, and the lack of budgetary and human resources.

·The data collection is not harmonised or coherent enough. This is because new data needs are emerging, legislation has been developed separately over many years, and definitions and concepts differ somewhat between agricultural areas.

·The statistics could be produced more efficiently if the legislation is adapted to encompass various sources of information and if Member States adapt to modern technology.

A public consultation was conducted as part of the preparation of Regulation (EU) 2018/1091, and the results are detailed in a specific report 5 .

•Stakeholder consultations

•Collection and use of expertise

•Impact assessment

•Regulatory fitness and simplification

•Fundamental rights

4.BUDGETARY IMPLICATIONS

Article 13 of Regulation (EU) 2018/1091 establishes the EU financial contribution for the implementation of that Regulation. This proposal establishes a budget of EUR 40 000 000.00 for 2021-2027 (of which 36 400 000.00 is for NSI grants).

5.OTHER ELEMENTS

•Implementation plans and monitoring, evaluation and reporting arrangements

•Explanatory documents (for directives)

•Detailed explanation of the specific provisions of the proposal

The proposed amendment applies to Articles 13(4) (5) and (7) and 14(1) of Regulation (EU) 2018/1091, establishing the maximum amounts to be assigned to each Member State and the amount and source of the financial envelope for 2021-2027.

2021/0270 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EU) 2018/1091 as regards the Union contribution for the integrated farm statistics under the 2021-2027 financial framework

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)Regulation (EU) 2018/1091 of the European Parliament and of the Council 7 provides that Member States are to collect and provide core structural data (‘core data’) and module data related to agricultural holdings in 2023 and 2026.

(2)To carry out the farm structure surveys and to satisfy the information requirements of the Union, a considerable amount of funding is required from Member States and from the Union.

(3)Member States are to receive a maximum financial contribution of 75% from the Union towards the costs of the 2023 and 2026 core data and module data collections, subject to the maximum amounts specified in Regulation (EU) 2018/1091.

(4)Regulation (EU) 2018/1091 lays down the financial envelope for the entire duration of the relevant multiannual financial framework (MFF) and includes a provision for establishing the amount to be granted for further data collections under the subsequent MFF covering the surveys in 2023 and 2026.

(5)That subsequent MFF for the years 2021-2027 has been laid down by Council Regulation (EU, Euratom) 2020/2093 8 .

(6)In accordance with Regulation (EU) 2018/1091, the amount of the Union contribution for the integrated farm statistics under the MFF for 2021-2027 should be fixed by the European Parliament and the Council, based on a proposal from the Commission following the date of entry into force of Regulation (EU, Euratom) 2020/2093.

(7)The amount proposed for 2021-2027 should finance the farm structure surveys conducted in 2023 and 2026 only, including the costs related to the management, maintenance and development of the databases used by the Commission to process the data supplied by Member States.

(8)In addition, following the withdrawal of the United Kingdom from the Union, it is appropriate to delete the reference to that former Member State.

(9)The European Statistical System Committee established by Article 7 of Regulation (EC) No 223/2009 of the European Parliament and of the Council 9 has been consulted.

(10)Regulation (EU) 2018/1091 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2018/1091 is amended as follows:

(1)Article 13 is amended as follows:

(a)paragraph 4 is amended as follows:

(i)the introductory phrase is replaced by the following:

‘For the combined costs of the 2023 and 2026 core data and module data collections, the Union financial contribution shall be limited to the maximum amounts specified below:’;

(ii)point (c) is replaced by the following:

‘(c) EUR 2 000 000 each for Bulgaria, Germany, Hungary and Portugal;’;

(b)paragraph 5 is deleted;

(c)paragraph 7 is replaced by the following:

‘7. The Union financial contribution for the grants referred to in paragraph 2 of this Article shall be provided by the European Agricultural Guarantee Fund under point (d) of Article 4(2) of Regulation (EU) No 1306/2013 or a subsequent Regulation on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013.’;

(2)in Article 14, paragraph 1 is replaced by the following:

‘1. The Union financial envelope for the implementation of the programme of data collections for the reference years 2023 and 2026, including the appropriations necessary for the management, maintenance and development of the database systems used within the Commission to process the data supplied by the Member States under this Regulation, shall be EUR 40 000 000 for the period 2021-2027, covered by the MFF for 2021-2027.’.

Article 2

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

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

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

Contents

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE12

1.1.Title of the proposal/initiative12

1.2.Policy area(s) concerned12

1.3.The proposal/initiative relates to:12

1.4.Objective(s)12

1.4.1.General objective(s)12

1.4.2.Specific objective(s)12

1.4.3.Expected result(s) and impact13

1.4.4.Indicators of performance13

1.5.Grounds for the proposal/initiative13

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative13

1.5.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention which is additional to the value that would have been otherwise created by Member States alone.14

1.5.3.Lessons learned from similar experiences in the past14

1.5.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments14

1.5.5.Assessment of the different available financing options, including scope for redeployment15

1.6.Duration and financial impact of the proposal/initiative16

1.7.Management mode(s) planned16

2.MANAGEMENT MEASURES17

2.1.Monitoring and reporting rules17

2.2.Management and control system(s)17

2.2.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed17

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them17

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure)17

2.3.Measures to prevent fraud and irregularities18

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE19

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected19

3.2.Estimated financial impact of the proposal on appropriations20

3.2.1.Summary of estimated impact on operational appropriations20

3.2.2.Estimated output funded with operational appropriations23

3.2.3.Summary of estimated impact on administrative appropriations24

3.2.4.Compatibility with the current multiannual financial framework27

3.2.5.Third-party contributions27

3.3.Estimated impact on revenue28

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE 

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned 

1.3.The proposal/initiative relates to: 

◻ a new action 

◻ a new action following a pilot project/preparatory action 10  

⌧ the extension of an existing action 

◻ a merger or redirection of one or more actions towards another/a new action 

1.4.Objective(s)

1.4.1.General objective(s)

1.4.2.Specific objective(s)

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Indicators of performance

Specify the indicators for monitoring progress and achievements.

1.5.Grounds for the proposal/initiative 

1.5.1.Requirement(s) to be met in the short or long term including a detailed timeline for roll-out of the implementation of the initiative

1.5.2.Added value of Union involvement (it may result from different factors, e.g. coordination gains, legal certainty, greater effectiveness or complementarities). For the purposes of this point 'added value of Union involvement' is the value resulting from Union intervention which is additional to the value that would have been otherwise created by Member States alone.

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility with the Multiannual Financial Framework and possible synergies with other appropriate instruments

1.5.5.Assessment of the different available financing options, including scope for redeployment

1.6.Duration and financial impact of the proposal/initiative

⌧ limited duration

–⌧    in effect from 01/01/2022 (tentative) to 31/12/2027

–⌧    Financial impact from 2022 to 2025 for commitment appropriations and from 2024 to 2028 for payment appropriations.

◻ unlimited duration

–Implementation with a start-up period from YYYY to YYYY,

–followed by full-scale operation.

1.7.Management mode(s) planned 11  

⌧ Direct management by the Commission

–⌧ by its departments, including by its staff in the Union delegations;

–◻    by the executive agencies

◻ Shared management with the Member States

◻ Indirect management by entrusting budget implementation tasks to:

–◻ third countries or the bodies they have designated;

–◻ international organisations and their agencies (to be specified);

–◻ the EIB and the European Investment Fund;

–◻ bodies referred to in Articles 70 and 71 of the Financial Regulation;

–◻ public law bodies;

–◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

–◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

Not applicable

2.MANAGEMENT MEASURES 

2.1.Monitoring and reporting rules 

Specify frequency and conditions.

2.2.Management and control system(s) 

2.2.1.Justification of the management mode(s), the funding implementation mechanism(s), the payment modalities and the control strategy proposed

2.2.2.Information concerning the risks identified and the internal control system(s) set up to mitigate them

2.2.3.Estimation and justification of the cost-effectiveness of the controls (ratio of "control costs ÷ value of the related funds managed"), and assessment of the expected levels of risk of error (at payment & at closure) 

2.3.Measures to prevent fraud and irregularities 

Specify existing or envisaged prevention and protection measures, e.g. from the Anti-Fraud Strategy.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE 

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected 

·Existing budget lines

In order of multiannual financial framework headings and budget lines.

·New budget lines requested

In order of multiannual financial framework headings and budget lines.

3.2.Estimated financial impact of the proposal on appropriations 

3.2.1.Summary of estimated impact on operational appropriations 

–◻    The proposal/initiative does not require the use of operational appropriations

–⌧    The proposal/initiative requires the use of operational appropriations, as explained below:

EUR million (to three decimal places)

If more than one operational heading is affected by the proposal / initiative, repeat the section above:

This section should be filled in using the 'budget data of an administrative nature' to be firstly introduced in the Annex to the Legislative Financial Statement (Annex V to the internal rules), which is uploaded to DECIDE for interservice consultation purposes.

EUR million (to three decimal places)

EUR million (to three decimal places)

3.2.2.Estimated output funded with operational appropriations 

Commitment appropriations in EUR million (to three decimal places)

3.2.3.Summary of estimated impact on administrative appropriations 

–◻    The proposal/initiative does not require the use of appropriations of an administrative nature

–⌧    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.3.1.Estimated requirements of human resources

–◻    The proposal/initiative does not require the use of human resources.

–⌧    The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

3.2.4.Compatibility with the current multiannual financial framework 

The proposal/initiative:

–◻    can be fully financed through redeployment within the relevant heading of the Multiannual Financial Framework (MFF).

–◻    requires use of the unallocated margin under the relevant heading of the MFF and/or use of the special instruments as defined in the MFF Regulation.

–◻    requires a revision of the MFF.

3.2.5.Third-party contributions 

The proposal/initiative:

–⌧    does not provide for co-financing by third parties

–◻    provides for the co-financing by third parties estimated below:

Appropriations in EUR million (to three decimal places)

3.3.Estimated impact on revenue 

–⌧    The proposal/initiative has no financial impact on revenue.

–◻    The proposal/initiative has the following financial impact:

–◻    on own resources

–◻    on other revenue

–please indicate, if the revenue is assigned to expenditure lines ◻    

EUR million (to three decimal places)

For assigned revenue, specify the budget expenditure line(s) affected.

Other remarks (e.g. method/formula used for calculating the impact on revenue or any other information).

(1)    Regulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (OJ L 200, 7.8.2018, p. 1).

(2)

   Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I, 22.12.2020, p. 11).

(3)

   Regulation (EU) 2021/690 of the European Parliament and of the Council of 28 April 2021 establishing a programme for the internal market, competitiveness of enterprises, including small and medium-sized enterprises, the area of plants, animals, food and feed, and European statistics (Single Market Programme) and repealing Regulations (EU) No 99/2013, (EU) No 1287/2013, (EU) No 254/2014 and (EU) No 652/2014. (OJ L 153, 3.5.2021, p. 1).

(4)    Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164–173).

(5)    Eurostat public consultation webpage: http://ec.europa.eu/eurostat/about/opportunities/consultations/eass    Open public consultation report:     http://ec.europa.eu/eurostat/documents/10186/6937766/Agricultural-Statistics-Strategy-2020-Report.docx .

(6)     Impact assessment , Impact assessment summary , Regulatory Scrutiny Board Opinion

(7)

   Regulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (OJ L 200, 7.8.2018, p. 1).

(8)

   Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I, 22.12.2020, p. 11).

(9)    Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).

(10)    As referred to in Article 58(2)(a) or (b) of the Financial Regulation.

(11)    Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: https://myintracomm.ec.europa.eu/budgweb/EN/man/budgmanag/Pages/budgmanag.aspx  

(12)    Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(13)    EFTA: European Free Trade Association.

(14)    Candidate countries and, where applicable, potential candidates from the Western Balkans.

(15)    Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.

(16)    According to the official budget nomenclature.

(17)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(18)    Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.

(19)    Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

(20)    As described in point 1.4.2. ‘Specific objective(s)…’

(21)    Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.

(22)    Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(23)    AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JPD= Junior Professionals in Delegations.

(24)    Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).

(25)    Year N is the year in which implementation of the proposal/initiative starts. Please replace "N" by the expected first year of implementation (for instance: 2021). The same for the following years.

(26)    As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 20 % for collection costs.