Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (Text with EEA relevance. )
Commission Implementing Regulation (EU) 2017/1185of 20 April 2017laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations(Text with EEA relevance)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009OJ L 347, 20.12.2013, p. 608. and in particular Article 67(3) thereof,Having regard to 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 1234/2007OJ L 347, 20.12.2013, p. 671., and in particular Articles 126 and 151, and Article 223(3) thereof,Whereas:(1)Regulations (EU) No 1307/2013 and (EU) No 1308/2013 have repealed and replaced Council Regulations (EC) No 73/2009Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16). and (EC) No 1234/2007Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1). respectively. Regulations (EU) No 1307/2013 and (EU) No 1308/2013 and the acts adopted on the basis of those Regulations lay down a wide range of obligations to notify information and documents to the Commission. Those regulations also empower the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth notification of information and documents by Member States to the Commission, certain rules have to be adopted by means of such acts. Those acts should replace the rules laid down in Commission Regulation (EC) No 792/2009Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3)., which is repealed by Commission Delegated Regulation (EU) 2017/1183Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (see page 100 of this Official Journal)..(2)The method to be used to notify the information and documents required to meet the notification obligations laid down in Regulations (EU) No 1307/2013 and (EU) No 1308/2013 as supplemented by Delegated Regulation (EU) 2017/1183, should be laid down and exceptions to that notification method should be specified.(3)For documents to be recognised as valid for the Commission's purposes it should be possible to guarantee the authenticity, integrity and legibility of the documents and the associated metadata throughout the period for which they are required to be kept.(4)Documents must be managed in accordance with the personal data protection rules. To that end, the general rules laid down by Union legislation, notably Directive 95/46/EC of the European Parliament and of the CouncilDirective 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31)., Regulations (EC) No 45/2001Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1). and (EC) No 1049/2001Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). of the European Parliament and of the Council and Directive 2002/58/EC of the European Parliament and of the CouncilDirective 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). should apply, and further provisions should be laid down to guide Member States.(5)It is important that information notified is of relevance to the market concerned, accurate and complete and Member States should put in place arrangements to ensure this, including the necessary measures to ensure that economic operators provide them with the required information within appropriate time limits.(6)For the sake of simplification and reduction of administrative burden, when a Member State has not sent a notification, this should be interpreted by the Commission as a nil notification by the Member State.(7)Member States may notify additional information that is relevant to the market beyond what is required by this Regulation. The Commission shall make available, through the information system, the necessary form for the transmission of such information.(8)Information on product prices and production and market information is required for the purpose of monitoring, analysing and managing the market in agricultural products and for the purpose of applying Regulation (EU) No 1308/2013. It is accordingly appropriate that rules concerning the notification of this information are laid down.(9)In order to simplify and facilitate access to rules concerning notification obligations, it is appropriate to incorporate in this Regulation the provisions regarding notifications from Member States to the Commission on the data on agricultural markets, particularly prices, production and balance sheet data, currently laid down in Commission Regulations (EC) No 315/2002Commission Regulation (EC) No 315/2002 of 20 February 2002 on the survey of prices of fresh or chilled sheep carcasses on representative markets in the Community (OJ L 50, 21.2.2002, p. 47)., (EC) No 546/2003Commission Regulation (EC) No 546/2003 of 27 March 2003 on certain notifications regarding the application of Council Regulations (EEC) No 2771/75, (EEC) No 2777/75 and (EEC) No 2783/75 in the eggs and poultrymeat sectors (OJ L 81, 28.3.2003, p. 12)., (EC) No 1709/2003Commission Regulation (EC) No 1709/2003 of 26 September 2003 on crop and stock declarations for rice (OJ L 243, 27.9.2003, p. 92).; (EC) No 2336/2003Commission Regulation (EC) No 2336/2003 of 30 December 2003 introducing certain detailed rules for applying Council Regulation (EC) No 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (OJ L 346, 31.12.2003, p. 19)., (EC) No 2095/2005Commission Regulation (EC) No 2095/2005 of 20 December 2005 laying down detailed rules for the application of Council Regulation (EEC) No 2075/92 as regards communication of information on tobacco (OJ L 335, 21.12.2005, p. 6)., (EC) No 952/2006Commission Regulation (EC) No 952/2006 of 29 June 2006 laying down detailed rules for the application of Council Regulation (EC) No 318/2006 as regards the management of the Community market in sugar and the quota system (OJ L 178, 1.7.2006, p. 39)., (EC) No 1557/2006Commission Regulation (EC) No 1557/2006 of 18 October 2006 laying down detailed rules for implementing Council Regulation (EC) No 1952/2005 as regards registration of contracts and the communication of data concerning hops (OJ L 288, 19.10.2006, p. 18)., (EC) No 589/2008Commission Regulation (EC) No 589/2008 of 23 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs (OJ L 163, 24.6.2008, p. 6)., (EC) No 826/2008Commission Regulation (EC) No 826/2008 of 20 August 2008 laying down common rules for the granting of private storage aid for certain agricultural products (OJ L 223, 21.8.2008, p. 3)., (EC) No 1249/2008Commission Regulation (EC) No 1249/2008 of 10 December 2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof (OJ L 337, 16.12.2008, p. 3)., (EC) No 436/2009Commission Regulation (EC) No 436/2009 of 26 May 2009 laying down detailed rules for the application of Council Regulation (EC) No 479/2008 as regards the vineyard register, compulsory declarations and the gathering of information to monitor the wine market, the documents accompanying consignments of wine products and the wine sector registers to be kept (OJ L 128, 27.5.2009, p. 15)., (EU) No 1272/2009Commission Regulation (EU) No 1272/2009 of 11 December 2009 laying down common detailed rules for the implementation of Council Regulation (EC) No 1234/2007 as regards buying-in and selling of agricultural products under public intervention (OJ L 349, 29.12.2009, p. 1). and (EU) No 479/2010Commission Regulation (EU) No 479/2010 of 1 June 2010 laying down rules for the implementation of Council Regulation (EC) No 1234/2007 as regards Member States' notifications to the Commission in the milk and milk products sector (OJ L 135, 2.6.2010, p. 26). and Commission Implementing Regulations (EU) No 543/2011Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (OJ L 157, 15.6.2011, p. 1)., (EU) No 1288/2011Commission Implementing Regulation (EU) No 1288/2011 of 9 December 2011 on the notification of wholesale prices for bananas within the common organisation of agricultural markets (OJ L 328, 10.12.2011, p. 42)., (EU) No 1333/2011Commission Implementing Regulation (EU) No 1333/2011 of 19 December 2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector (OJ L 336, 20.12.2011, p. 23). and (EU) No 807/2013Commission Implementing Regulation (EU) No 807/2013 of 26 August 2013 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the survey of prices of certain bovine animals on representative Union markets (OJ L 228, 27.8.2013, p. 5).. Those notification obligations should be updated in the light of acquired experience and for a more effective management of the common agricultural policy.(10)In order to have a comprehensive picture of price data notified and to follow trends, it is appropriate to require that each price series is defined.(11)Member States that have not adopted the euro shall report price information in their official currency.(12)The Union is required to make certain notifications to the World Trade Organisation (WTO) in accordance with Article 18(2) of the WTO Agreement on AgricultureUruguay Round of Multilateral Trade Negotiations (1986- 1994) — Annex 1 — Annex 1A — Agreement on Agriculture (WTO-GATT 1994) WTO-"GATT 1994" (OJ L 336, 23.12.1994, p. 22)., as further detailed in paragraph 4 of WTO document G/AG/2 of 30 June 1995 and the Annex to the WTO Ministerial Decision of 19 December 2015 on export competition (WT/MIN(15)/45-WT/L/980). In order to comply with these requirements, the Union requires certain information from Member States, notably information relating to domestic support and export competition. Provisions concerning the notifications to be made by Member States to the Commission for these purposes should therefore be laid down.(13)The provisions on notifications in the sugar sector should apply from 1 October 2017 in order to provide for a smooth transition with the ending of the quota system.(14)Regulations (EC) No 315/2002, (EC) No 952/2006, (EC) No 589/2008, (EC) No 826/2008, (EC) No 1249/2008, (EC) No 436/2009, (EU) No 1272/2009, (EU) No 479/2010, and Implementing Regulations (EU) No 543/2011, (EU) No 1333/2011 and (EU) No 807/2013 should therefore be amended accordingly. Regulations (EC) No 546/2003, (EC) No 1709/2003, (EC) No 2336/2003, (EC) No 2095/2005 and (EC) No 1557/2006 and Implementing Regulation (EU) No 1288/2011 should be repealed.(15)The measures provided for in this Regulation are in accordance with the opinion of the Committee of Direct Payments and the Committee for the Common Organisation of Agricultural Markets,HAS ADOPTED THIS REGULATION: