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Document 02009R1217-20240101
Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up the Farm Sustainability Data Network (codified version)
Consolidated text: Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up the Farm Sustainability Data Network (codified version)
Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up the Farm Sustainability Data Network (codified version)
02009R1217 — EN — 01.01.2024 — 006.001
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►M7 COUNCIL REGULATION (EC) No 1217/2009 of 30 November 2009 setting up the Farm Sustainability Data Network ◄ (OJ L 328 15.12.2009, p. 27) |
Amended by:
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Official Journal |
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No |
page |
date |
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COMMISSION IMPLEMENTING REGULATION (EU) No 737/2011 of 26 July 2011 |
L 195 |
42 |
27.7.2011 |
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L 158 |
1 |
10.6.2013 |
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REGULATION (EU) No 1318/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 October 2013 |
L 340 |
1 |
17.12.2013 |
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COMMISSION DELEGATED REGULATION (EU) 2017/2278 of 4 September 2017 |
L 328 |
1 |
12.12.2017 |
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COMMISSION DELEGATED REGULATION (EU) 2022/2497 of 12 October 2022 |
L 325 |
13 |
20.12.2022 |
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COMMISSION DELEGATED REGULATION (EU) 2023/2514 of 7 September 2023 |
L |
1 |
15.11.2023 |
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REGULATION (EU) 2023/2674 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 November 2023 |
L |
1 |
29.11.2023 |
COUNCIL REGULATION (EC) No 1217/2009
of 30 November 2009
setting up the Farm Sustainability Data Network
(codified version)
CHAPTER I
CREATION OF A FARM SUSTAINABILITY DATA NETWORK
Article 1
FSDN data shall cover the topics set out in Annex -I. The Commission is empowered to adopt delegated acts, in accordance with Article 19a, amending Annex -I in order to modify those topics or to add new ones. When exercising its power to adopt those delegated acts, the Commission shall:
ensure that the delegated acts are duly justified and do not create significant additional burden on the Member States or returning holdings;
carry out analyses of the relevance, feasibility and proportionality of such an amendment, including the availability and quality of appropriate data sources, in particular relevant administrative sources, and take the results of those analyses duly into account;
ensure that new topics added are linked to the CAP objectives;
not add new topics until 20 December 2028;
adopt those delegated acts, when new topics are added, at least one year before the date of application of the related implementing act as referred to in Article 8(4).
Article 2
For the purposes of this Regulation, the following definitions apply:
“farmer” means a natural or legal person whose holding is situated in the Union;
“farm” or “holding” means a single unit, both technically and economically, that has a single management and that undertakes economic activities in agriculture in accordance with the general use of those terms in the context of Union agricultural surveys and censuses;
“category of holding” means a group of holdings that belong to the same category, as regards the type of farming and economic size, as defined in the Union typology for holdings referred to in Article 5b;
“returning holding” means any holding for which a farm return is compiled for the purposes of the FSDN;
“farm return” means the form, either to be compiled or already compiled, with data about the returning holding excluding the links and data referred to in Article 4a(1);
“Farm Sustainability Data Network division” or “FSDN division” means the territory of a Member State, or any part thereof, delimited with a view to the selection of returning holdings; a list of such divisions is set out in Annex I;
“data collector” means a liaison agency or an entity tasked by the liaison agency with collecting FSDN data;
“standard output” means standard value of gross production;
“individual data” means data associated with a returning holding which allow the holding or the farmer to be identified, either directly or indirectly, and which can be personal data or data concerning legal persons;
“anonymised data” means data in a form which does not allow natural or legal persons to be identified directly or indirectly;
“pseudonymised data” means individual data that can no longer be attributed to a specific natural or legal person without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the individual data are not attributed to an identified or identifiable natural or legal person;
“aggregated data” means the output resulting from combinations or calculations based on data related to several returning holdings.
Article 3
In order to ensure that the list of FSDN divisions can be updated following a request by a Member State, the Commission is empowered to adopt delegated acts, in accordance with Article 19a, amending Annex I with respect to the list of FSDN divisions per Member State.
CHAPTER II
DATA FOR COMPILING FARM RETURNS AND DATA LINKAGE
Article 4
The liaison agencies shall have the right to access and use, free of charge, the following data sources:
the Integrated Administration and Control System (IACS) established by Regulation (EU) 2021/2116 of the European Parliament and of the Council ( 6 );
the system for the identification and registration of kept terrestrial animals established by Regulation (EU) 2016/429 of the European Parliament and of the Council ( 7 );
the vineyard register implemented in accordance with Article 145 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council ( 8 );
the organic farming registers set up pursuant to Regulation (EU) 2018/848 of the European Parliament and of the Council ( 9 );
Member States’ data for performing the monitoring and evaluation of CAP Strategic Plans (DME) obtained in accordance with the implementing act adopted on the basis of Article 133 of Regulation (EU) 2021/2115 of the European Parliament and of the Council ( 10 );
where relevant, farm-level records collected for the establishment by Member States of action programmes pursuant to Article 5 of Council Directive 91/676/EEC ( 11 );
any other relevant data source accessible to Member States’ authorities.
Article 4a
In addition to the farm return, the Member States shall determine the links between the returning holding and the identifiers pertaining to that holding in the following datasets:
DME;
IACS.
Member States shall send to the Commission either those links, or directly the data related to the returning holding in the datasets referred to in the first subparagraph, other than identifiers. The Member States which send the data directly shall provide the FSDN number of the returning holding.
The Commission is empowered to adopt delegated acts, in accordance with Article 19a, amending the list of datasets referred to in paragraph 1 of this Article and adding new appropriate and relevant datasets. When exercising its power to adopt those delegated acts, the Commission shall:
ensure that the delegated acts are duly justified and do not create significant additional burden on the Member States or returning holdings;
carry out analyses of the relevance, feasibility, proportionality and quality of such datasets and take the results of those analyses duly into account.
Article 5
The Commission is empowered to adopt delegated acts, in accordance with Article 19a, supplementing this Regulation with the rules on fixing the threshold referred to in the first subparagraph of this paragraph. Those rules shall ensure that farms of smaller economic size are adequately represented in the plans for the selection of returning holdings established by the Member States in accordance with Article 5a.
The Commission shall adopt, on the basis of data and input received from Member States, implementing acts fixing the threshold referred to in the first subparagraph of this paragraph. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19b(2).
To qualify as a returning holding, a holding shall:
be covered by the field of the survey referred to in paragraph 1;
be representative, together with the other holdings and at the level of each FSDN division, of the field of survey.
In exceptional cases, Member States may also adopt rules to address possible cases in which the number of returning holdings set in the plan for the selection of returning holdings is likely not to be achieved. Such rules, however, shall not provide for penalties for farmers.
Article 5a
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:
Article 5b
The typology for holdings 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 FSDN.
The Commission shall be empowered to adopt delegated acts, in accordance with Article 19a, fixing the reference period for the standard output.
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.
The Commission shall adopt implementing acts laying down:
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19b(2).
Article 6
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.
The Regional Committee shall, in particular, have the duty of cooperating with the liaison agency referred to in Article 7 in selecting the returning holdings.
Article 7
Each Member State shall appoint a liaison agency the tasks of which shall be to:
inform the National Committee, the Regional Committees and the data collectors of the applicable regulatory framework and to ensure proper implementation thereof;
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;
compile:
the list of returning holdings;
where applicable, the list of the data collectors able to complete farm returns;
produce the farm returns;
verify that the farm returns have been duly completed and, where necessary, address any errors or inaccuracies detected;
forward the duly completed farm returns to the Commission in the required format and within the set deadline;
send the links or the data referred to in Article 4a(1);
transmit the requests for information provided for in Article 17 to the National Committee, to the Regional Committees and to the data collectors, and forward the relevant answers to the Commission;
offer to any returning holding the possibility to obtain its results, either from the liaison agency or from an organisation it appoints, as soon as possible but in any event no later than four months after the Commission confirms that the farm return is duly completed; where possible, those results shall include benchmarking information, comparing those results with regional, national, Union or sectoral averages;
set out a plan to incentivise farmers' participation in the FSDN and submit it to the Commission together with the plan for the selection of returning holdings;
make available, either by itself or by an organisation it appoints, the obtained results in the form of aggregated and anonymised data such as at regional, national, Union or sectoral level.
Article 8
The data provided by each duly completed farm return shall be such that it is possible to:
describe the returning holding by reference to the main elements of its factors of production;
describe the income of the holding in its various forms;
describe the economic, environmental and social situation of the holding;
verify the information given by appropriate means, such as on-the-spot checks and remote controls.
In order to ensure that the data collected by means of farm returns are comparable, irrespective of the returning holdings surveyed, the Commission shall adopt implementing acts laying down rules on the following:
the variables and the definitions of variables linked to one or more of the topics set out in Annex -I;
the start and the end of the reporting year;
the form and layout of the farm return;
the methods and deadlines for data transmission to the Commission, including possible extensions of deadlines and exemptions for specific variables that may be granted to a Member State upon justified request;
the frequency of data transmission, which shall be annual or less frequent depending on the nature of variables.
When adopting those implementing acts, the Commission shall, to the greatest extent possible, make use of variables available from existing data sources when adding, modifying or replacing variables, and take into account the need not to create significant additional burden on the Member States or returning holdings. Before adopting those implementing acts, the Commission shall analyse the feasibility of the proposed variables based, inter alia, on inputs from Member States, including the availability and quality of new and existing data sources, possible implementation of new methods, and the financial burden on the Member States and returning holdings. The results of that analysis shall be discussed in the committee referred to in Article 19b(1).
The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 19b(2).
Article 8a
▼M3 —————
CHAPTER IV
GENERAL PROVISIONS
Article 16
Article 16a
Article 16b
Article 17
Such requests for information made to the National Committee, to the Regional Committees or to the data collectors and the relevant answers shall be forwarded in writing through the liaison agency.
▼M3 —————
Article 19
The European Agricultural Guarantee Fund (EAGF) shall finance expenditure covering:
an amount payable to the Member States for the delivery of duly completed farm returns delivered within the set deadline up to the maximum number of returning holdings as fixed in accordance with Article 5a(2); where the total number of duly completed and delivered farm returns in respect of an FSDN division or a Member State is less than 80 % of the number of returning holdings laid down in accordance with Article 5a(2) and (3) for that FSDN division or for the Member State concerned, the amount applied for each farm return from that FSDN division or from the Member State concerned shall be reduced by 20 %; if such reduction was already applied for the two previous consecutive years in respect of an FSDN division or a Member State, the reduction shall be of 25 %;
all the costs of the computerised data systems operated by the Commission for running and developing the FSDN and for the reception, verification, processing, interoperability and analysis of the data supplied by the Member States; those costs include, where appropriate, the costs of disseminating the results of those operations and the costs of studies into, and development of, other aspects of the FSDN.
Article 19a
Article 19b
In the case of implementing acts referred to in Article 4a(3) and Article 8(4), point (a), of this Regulation, where the Committee delivers no opinion, the Commission shall not adopt the draft implementing act and Article 5(4), third subparagraph, of Regulation (EU) No 182/2011 shall apply.
Article 19c
The Commission shall submit to the European Parliament and to the Council by 20 December 2028 an evaluation report on the implementation of Article 4a and Article 7(1), point (g), accompanied, where appropriate, by a proposal for a legislative act amending Article 19(1), point (a).
Article 20
Regulation No 79/65/EEC 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 III.
Article 21
This Regulation shall enter into force on the twentieth day following 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.
ANNEX -I
List of topics
Economic
General information on the holding
Type of occupation
Assets and investments
Quotas and other rights
Debts and credits
Value added tax
Inputs
Land use and crops
Livestock production
Animal products and services
Market integration
Quality products – geographical indications
Membership in producer organisations
Risk management
Innovation and digitalisation
Other gainful activities related to the holding
Subsidies
Indicative share of off-farm income
Environment
Farming practices
Soil management
Nutrient use and management
Carbon farming
Greenhouse gas emissions and removals
Air pollution
Water use and management
Plant protection use
Antimicrobial use
Animal welfare
Biodiversity
Organic farming
Certification schemes
Energy consumption and energy production
Food loss on primary production level
Waste management
Social
Labour
Education
Gender balance
Working conditions
Social inclusion
Social security
Infrastructure and essential services
Generation renewal
ANNEX I
List of FSDN divisions
Belgium
1. Vlaanderen
2. Bruxelles — Brussel
3. Wallonie
Bulgaria
1. Северозападен (Severozapaden)
2. Северен централен (Severen tsentralen)
3. Североизточен (Severoiztochen)
4. Югозападен (Yugozapaden)
5. Южен централен (Yuzhen tsentralen)
6. Югоизточен (Yugoiztochen)
However, Bulgaria may constitute a single division until 31 December 2009
Czech Republic
Constitutes a single division
Denmark
Constitutes a single division
Germany
Schleswig-Holstein/Hamburg
Niedersachsen
Bremen
Nordrhein-Westfalen
Hessen
Rheinland-Pfalz
Baden-Württemberg
Bayern
Saarland
Berlin
Brandenburg
Mecklenburg-Vorpommern
Sachsen
Sachsen-Anhalt
Thüringen
Estonia
Constitutes a single division
Ireland
Constitutes a single division
Greece
1. Μακεδονία — Θράκη
2. Ήπειρος — Πελοπόννησος — Νήσοι Ιονίου
3. Θεσσαλία
4. Στερεά Ελλάς — Νήσοι Αιγαίου — Κρήτη
Spain
1. Galicia
2. Asturias
3. Cantabria
4. País Vasco
5. Navarra
6. La Rioja
7. Aragón
8. Cataluña
9. Baleares
10. Castilla-León
11. Madrid
12. Castilla-La Mancha
13. Comunidad Valenciana
14. Murcia
15. Extremadura
16. Andalucía
17. Canarias
France
Île de France
Champagne-Ardenne
Picardie
Haute-Normandie
Centre
Basse-Normandie
Bourgogne
Nord-Pas de Calais
Lorraine
Alsace
Franche-Comté
Pays de la Loire
Bretagne
Poitou-Charentes
Aquitaine
Midi-Pyrénées
Limousin
Rhône-Alpes
Auvergne
Languedoc-Roussillon
Provence-Alpes-Côte d’Azur
Corse
Antilles françaises
La Réunion
Croatia
Kontinentalna Hrvatska
Jadranska Hrvatska
However, Croatia may constitute a single division for the three years following accession.
Italy
1. Piemonte
2. Valle d'Aosta
3. Lombardia
4. Alto Adige
5. Trentino
6. Veneto
7. Friuli — Venezia Giulia
8. Liguria
9. Emilia — Romagna
10. Toscana
11. Umbria
12. Marche
13. Lazio
14. Abruzzi
15. Molise
16. Campania
17. Puglia
18. Basilicata
19. Calabria
20. Sicilia
21. Sardegna
Cyprus
Constitutes a single division
Latvia
Constitutes a single division
Lithuania
Constitutes a single division
Luxembourg
Constitutes a single division
Hungary
1. Észak-Magyarország
2. Dunántúl
3. Alföld
Malta
Constitutes a single division
Netherlands
Constitutes a single division
Austria
Constitutes a single division
Poland
1. Pomorze and Mazury
2. Wielkopolska and Śląsk
3. Mazowsze and Podlasie
4. Małopolska and Pogórze
Portugal
1. Norte e Centro
2. Ribatejo-Oeste
3. Alentejo e Algarve
4. Açores e Madeira
Romania
1. Nord-Est
2. Sud-Est
3. Sud-Muntenia
4. Sud-Vest-Oltenia
5. Vest
6. Nord-Vest
7. Centru
8. București-Ilfov
Slovenia
Constitutes a single division
Slovakia
Constitutes a single division
Finland
1. Etelä-Suomi
2. Pohjanmaa, Sisä- and Pohjois-Suomi
Sweden
1. Plains of Southern and Central Sweden
2. Forest and mixed agricultural and forest areas of Southern and Central Sweden
3. Areas of Northern Sweden
▼M5 —————
ANNEX II
Repealed Regulation with list of its successive amendments
Council Regulation No 79/65/EEC (OJ 109, 23.6.1965, p. 1859) |
|
1972 Act of Accession, Annex I, Point II.A.4 and Annex II, Point II.D.1 (OJ L 73, 27.3.1972, p. 59 and p. 125) |
|
Council Regulation (EEC) No 2835/72 (OJ L 298, 31.12.1972, p. 47) |
|
Council Regulation (EEC) No 2910/73 (OJ L 299, 27.10.1973, p. 1) |
|
1979 Act of Accession, Annex I, Points II.A. and II.G. (OJ L 291, 19.11.1979, p. 64 and p. 87) |
|
Council Regulation (EEC) No 2143/81 (OJ L 210, 30.7.1981, p. 1) |
|
Council Regulation (EEC) No 3644/85 (OJ L 348, 24.12.1985, p. 4) |
|
1985 Act of Accession, Annex I, Point XIV(i) (OJ L 302, 15.11.1985, p. 235) |
|
Council Regulation (EEC) No 3768/85 (OJ L 362, 31.12.1985, p. 8) |
only point (2) of the Annex |
Council Regulation (EEC) No 3577/90 (OJ L 353, 17.12.1990, p. 23) |
only Annex XVI |
1994 Act of Accession, Annex I, Point V.A.I (OJ C 241, 29.8.1994, p. 117) |
|
Council Regulation (EC) No 2801/95 (OJ L 291, 6.12.1995, p. 3) |
|
Council Regulation (EC) No 1256/97 (OJ L 174, 2.7.1997, p. 7) |
|
Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1) |
only point (1) of Annex II |
2003 Act of Accession, Annex II, Point 6.A.1 (OJ L 236, 23.9.2003, p. 346) |
|
Council Regulation (EC) No 2059/2003 (OJ L 308, 25.11.2003, p. 1) |
|
Commission Regulation (EC) No 660/2004 (OJ L 104, 8.4.2004, p. 97) |
|
Commission Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1) |
only point 1 of Section A of Chapter 5 of the Annex |
Commission Regulation (EC) No 1469/2007 (OJ L 329, 14.12.2007, p. 5) |
|
ANNEX III
CORRELATION TABLE
Regulation No 79/65/EEC |
This Regulation |
Articles 1 and 2 |
Articles 1 and 2 |
Article 2a |
Article 3 |
Article 3 |
Article 4 |
Article 4 |
Article 5 |
Article 5 |
Article 6 |
Article 6(1)(a) |
Article 7(1)(a) |
Article 6(1)(b), first indent |
Article 7(1)(b)(i) |
Article 6(1)(b), second indent |
Article 7(1)(b)(ii) |
Article 6(1)(c), first indent |
Article 7(1)(c)(i) |
Article 6(1)(c), second indent |
Article 7(1)(c)(ii) |
Article 6(1)(e), (f) and (g) |
Article 7(1)(e), (f) and (g) |
Article 6(2) |
Article 7(2) |
Article 7 |
Article 8 |
Article 8 |
Article 9 |
Article 9 |
Article 10 |
Article 10 |
Article 11 |
Article 11 |
Article 12 |
Article 12 |
Article 13 |
Article 13 |
Article 14 |
Article 14 |
Article 15 |
Article 15 |
Article 16 |
Article 16 |
Article 17 |
Article 17 |
— |
Article 18 |
— |
Article 19 |
Article 18(1), (2) and (3) |
Article 20(1) and (2) |
Article 18(4) and (5) |
Article 21, first and second paragraphs |
Article 18(6) |
Article 21, third paragraph |
— |
Article 22 |
Article 19 |
Article 23 |
— |
— |
Article 20 |
— |
Article 21 |
Annex |
Annex I |
— |
Annex II |
— |
Annex III |
( 1 ) Regulation (EU) 2022/2379 of the European Parliament and of the Council of 23 November 2022 on statistics on agricultural input and output, amending Commission Regulation (EC) No 617/2008 and repealing Regulations (EC) No 1165/2008, (EC) No 543/2009 and (EC) No 1185/2009 of the European Parliament and of the Council and Council Directive 96/16/EC (OJ L 315, 7.12.2022, p. 1).
( 2 ) 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).
( 3 ) Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community (OJ L 33, 5.2.2004, p. 1).
( 4 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
( 5 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
( 6 ) Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (OJ L 435, 6.12.2021, p. 187).
( 7 ) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (“Animal Health Law”) (OJ L 84, 31.3.2016, p. 1).
( 8 ) Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
( 9 ) Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).
( 10 ) Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1).
( 11 ) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, p. 1).
( 12 ) 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 (OJ L 55, 28.2.2011, p. 13).