31971L0286
Official Journal of the European Communities 667
9.8.71 Official Journal of the European Communities No L 179/21
COUNCIL DIRECTIVE of 26 July 1971 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain types of fruit trees
THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas, in theory, surveys should be limited to undertakings in which a minimum area of 1500 square metres is planted with apple, pear, peach or Having regard to the Treaty establishing the orange trees, with a view to fruit production for sale ; European Economic Community, and in particular whereas orchards less than 1500 square metres in Article 43 thereof; area may be disregarded because of their negligible influence on market supply; Having regard to the proposal from the Commission ;
Whereas uniform surveys should be carried out in Having regard to the Opinion of the European Parliament1 ; each Member State on the main varieties of each type of fruit endeavouring at the same time to establish subdivisions according to variety which are as Whereas the Commission, in order to perform the complete as necessary; task conferred upon it by the Treaty and by Community provisions governing the common organisation of the market in fruit and vegetables, Whereas, since the annual calculations of production needs to be kept well informed on the production potential should be based on the results of these potential of plantations of certain species of fruit surveys, indications as to the age of trees, the density trees within the Community and to have available of plantation and, where appropriate, irrigation medium-term estimates of production and supply on should also be obtained ; whereas these results should the markets ; be notified to the Commission as rapidly as possible ;
Whereas surveys of fruit tree plantations are Whereas a Member State which, immediately before currently carried out only by some Member States ; the entry into force of this Directive, carried out or whereas these surveys do not permit the precise, prepared surveys on orchards should be permitted to uniform and synchronised observation of the use the results of these surveys if the latter enable the production and supply of fruit on the markets ; objective of this Directive to be achieved and comply whereas a medium-term estimate of production and with essential Community criteria; supply on the markets is now being made only by some Member States; Whereas the preparation of medium-term estimates requires that each year Member States should Whereas it is therefore advisable to carry out surveys estimate and notify the Commission of the area of concurrently in all Member States on plantations of fruit trees which has been cleared ; whereas the fruit trees of the same type in accordance with the Commission should also be sent details every year of same criteria and with comparable accuracy; whereas new plantations of fruit trees of the above-mentioned new plantations attain their full yield only after a species ; certain number of years ; whereas these surveys should therefore be repeated every five years; whereas in this way reliable statistics may be Whereas, in any Member State where, since the last obtained on production potential taking account of survey on fruit tree plantations, exceptionally the fruit trees which are not yet productive; extensive clearing has been noted, special and more detailed surveys should be carried out on the volume of clearing and the results thereof notified to the 1 OJ No C 11, 5.2.1971 , p. 32. Commission ;
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Whereas consideration should also be given to 4. Any Member State which, during the two years statistics resulting from the application of Council preceding the entry into force of this Directive, Regulation (EEC) No 2517/69 of 9 December 1969 carried out surveys on its territory on orchards or laying down certain measures for reorganising which prepared the material for them, may use the Community fruit production,1 as last amended by results of these surveys, provided that they meet the Regulation (EEC) No 2476/702 ; objectives defined and the essential Community criteria fixed in this Directive. However, in Whereas the Commission must submit reports so that subsequent surveys, that Member State must observe the Council may examine to what extent the surveys the Community criteria and the timing of the survey and estimates carried out enable the objective of this fixed for the Community. Directive to be achieved and must suggest, where appropriate, that methods should, be aligned; Article 2 Whereas, in the interests of optimum co-ordination, all questions raised by the application of this 1 . In carrying out the surveys provided for in Directive must be dealt with by consultation and Article 1 , the following characteristics are to be noted standing collaboration between the Commission and in respect of the species of fruit referred to in Article Member States ; 1 ( 1 ).
Whereas the financial responsibility of the These surveys must be organised so that the results Community needs to be established with regard to may be presented in various combinations of these expenditure incurred by the Member States for the characteristics . first survey laid down by this Directive;
A. Variety of fruit HAS ADOPTED THIS DIRECTIVE : For each species of fruit, and in order of importance, Article 1 enough varieties must be shown to enable a separate assessment to be made for each Member State, by variety, of at least 80% of the total area planted with 1 . Member States shall carry out in 1972, and in fruit trees of the species in question and, in any case, the spring of each fifth year thereafter, surveys on all varieties representing 3% or more of the total area plantations of fruit trees existing on their territory for planted with fruit trees of the species in question. the production of dessert apples, dessert pears, peaches and oranges. Belgium, Germany, Luxembourg and the Netherlands do not need to distinguish between varieties of peach 2. The survey required under paragraph 1 shall trees. The survey relating to orange trees shall be apply to all undertakings having an area planted with carried out in France and Italy only, and in France no the species of fruit trees referred to in paragraph 1 , distinction between varieties shall be made . provided that the area covers at least 1500 square metres and that the fruit produced are entirely or mainly intended for sale . B. Age of trees
The survey shall cover pure and mixed crops, that is Age of trees must be calculated from the time of their to say plantations -of fruit trees of several of the planting in the orchard. The planting season species referred to in paragraph 1 or of one or more extending from the autumn to the spring shall be of them together with other species . considered as a single period. When there has been double grafting, the time when this was carried out The survey shall also cover areas cultivated not only shall be the determining factor. for fruit production but also for other kinds of agricultural production, provided fruit trees of the The following classes of age shall be laid down : species referred to in paragraph 1 are the main crop. Less than 3 . The survey may be either exhaustive or based on 1 year 5 — 9 years random sampling. 1 year 10 — 14 years 2 years 15 — 24 years
3 years 25 years and over 1 OJ No L 318, 18.12.1969, p. 15 . 2 OJ No L 266, 9.12.1970, p. 2. 4 years
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C. Net area planted, number of trees and. density of Article 4 plantation 1 . Member States shall notify the Commission of The surveyors or departments responsible for the results of the surveys established in accordance analysing the questionnaires shall determine the class with the provisions of Article 2, as rapidly as of the density of plantation by the net area planted possible, but at the latest eight months after carrying and the number of trees according to the following out the survey and in any case, in respect of the first table : survey, before 1 September 1973 .
(a) Apple, pear and peach trees : 2. The results referred to in paragraph 1 must be supplied for each production area. — less than 400 trees per hectare, — from 400 to 799 trees per hectare, If Member States cannot establish the data by production area, statistics must be given for each of — from 800 to 1599 trees per hectare, the areas mentioned in the Annex. — 1600 trees and over per hectare. 3 . Mistakes of reporting and sampling errors referred to in Article 3 must be notified at the latest (b) Orange trees : ten months after carrying out the survey. — less than 250 trees per hectare, — from 250 to 499 trees per hectare, Article 5 — from 500 to 999 trees per hectare, 1 . From 1973 the Member States shall make — 1000 trees and over per hectare. annual estimates of the areas of fruit trees of the species referred to in Article 1 ( 1 ) the clearing of The actual density of plantation may also be which has been carried out on their territory during surveyed and quoted directly. the previous year and shall notify the results of their estimates to the Commission by 31 July at the latest.
D. Irrigation If the survey applies to the extent of the clearing, results shall be notified to the Commission by 31 1 . Mention must be made of the area irrigated August at the latest. where irrigation is practised regularly; a distinction must be made between sprinkling and other methods 2. If, within a Member State, the clearing referred of irrigation. to in paragraph 1 has been particularly extensive and if precise details on that subject are lacking, the Member State concerned shall, at the request of and 2. If the Member States, in respect of the areas in co-operation with the Commission, carry out planted with fruit trees referred to in Article 1 ( 1 ), surveys in the spring of the following year on the take note of additional characteristics complying with the purpose of this Directive, bearing for example on extent of the clearing carried out on its territory since the last survey on the areas planted with fruit trees of stock, the shapes of trees and the height of the trunk, the species referred to in Article 1 ( 1 ). The Member the corresponding results must also be notified to the Commission . State concerned shall notify the results of the survey to the Commission within eight months after carrying it out. This provision shall not be applicable during the survey years fixed in Article 1 ( 1 ), nor in the year Article 3 preceding or following the survey year.
3 . Statistics obtained by applying measures relating 1 . Member States shall take appropriate measures to the clearing of apple, pear and peach trees taken in to limit mistakes of reporting and estimate their pursuance of Regulation (EEC) No 2517/69 must be effect on the whole of the area planted with fruit taken into consideration . trees of each species.
Article 6 2. So far as the result of the surveys carried out by random sampling are concerned, Member States shall take every measure to ensure that sampling error From 1973 the Member States shall supply the cannot be more than 3% for the whole of the area Commission every year, by 31 December at the latest, planted with fruit trees of each species. with details, gathered on their territory during the
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previous season, on new plantations of fruit trees of expenditure incurred by them on the first survey the species referred to in Article 1 ( 1 ). In so far as referred to in Article 1 , up to the following maximum possible these details must distinguish between amounts : varieties . Units of account
Article 7 Germany 42 000 Belgium 15 000 The Commission shall study the following in France 196 000 consultation and standing collaboration with Italy 420 000 Member States : Luxembourg 300 (a) the results supplied in accordance with this Netherlands 35 000 Directive ; (b) the technical problems raised, in particular by However, the Member States which, in accordance preparing and carrying out the surveys and the with Article 1 , (3 ), carry out the surveys by random notifications referred to in this Directive ; sampling shall be reimbursed for their expenditure up to the above-mentioned maximum amount at a flat ( c) the significance of the findings of the surveys and rate of 7 units of account per hectare of fruit notifications referred to in this Directive. plantation actually covered by the survey.
3 . The estimated total cost of the common action Article 8 to be borne by the Guidance Section of the European Agricultural Guidance and Guarantee Fund shall amount to 708 300 units of account. This amount The Commission shall submit to the Council, by 1 January 1975 , a report on experience acquired during shall be entered on the budget for the 1973 financial the first survey; the Commission shall also provide year . the Council, from 1 January 1976, with annual reports on the subject of Articles 5 and 6. The 4. Requests for reimbursement, drawn up by Commission shall, where appropriate, submit Member States, shall be submitted to the proposals to the Council with a view to the Commission before 1 September 1973 . harmonisation of the methods used by the Member States. The Council shall act on these proposals in 5 . Detailed rules for applying paragraph 2 shall be accordance with the voting procedure laid down in adopted in accordance with the procedure laid down Article 43 (2) of the Treaty. in Article 13 of Regulation (EEC ) No 729 /70.
Article10¶
This Directive is addressed to the Member States . 1 . The first survey referred to in Article 1 shall constitute joint action within the meaning of Article 6 ( 1 ) of Council Regulation (EEC) No 729/701 of 21 Done at Brussels, 26 July 1971 . April 1970 on the financing of the common agricultural policy. For the Council 2. The Guidance Section of the European The President Agricultural Guidance and - Guarantee fund shall reimburse to the Member States the eligible A. MORO
1 OJ No L 94, 28.4.1970, p. 13.
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ANNEX
List of areas referred to in Article 4 (2)
Germany: 1 . Schleswig-Holstein 2 . Niedersachsen 3 . Nordrhein-Westfalen 4. Hessen 5 . Rheinland-Pfalz 6. Baden-Wiirttemberg 7. Bayern 8 . Saarland 9. Hamburg 10 . Bremen 11 . Berlin
France : 1 . Nord, Picardie 2. Basse-Normandie, Haute-Normandie 3 . Bretagne, Pays de la Loire, Poitou-Charente 4. Centre, Région parisienne 5 . Franche-Comté, Champagne, Bourgogne 6. Lorraine, Alsace 7. Limousin, Auvergne 8 . Rhone-Alpes 9 . Aquitaine, Midi-Pyrenees 10. Languedoc, Provence-Cote d'Azur-Corse
Italy: 1. Piemonte, Valle d'Aosta 2 . Lombardia 3 . Veneto, Trentino-Alto Adige, Friuli-Venezia Giulia 4. Liguria 5 . Emilia-Romagna 6. Toscana , 7. Umbria, Marche 8 . Lazio, Abruzzi 9. Campania, Calabria, Molise 10. Puglia, Basilicata 11 . Sicilia 12. Sardegna
Belgium: Forms a single area
Luxembourg: Forms a single area
Netherlands: Forms a single area