Explanatory Memorandum to COM(2007)129 - Meat and livestock statistics

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dossier COM(2007)129 - Meat and livestock statistics.
source COM(2007)129 EN
date 22-03-2007
CONTEXT OF THE PROPOSAL

Grounds for and objectives of the proposal Statistics on meat and livestock are essential for the management of the EU markets. The current legislation had become so complex that both vertical and horizontal codification was envisaged, but this did not appear to be the most efficient way towards better legislation. It was also considered essential for poultry meat statistics to be covered in addition to pig, bovine, sheep and goat meat statistics. General context The present proposal is in line with the objectives of better legislation, simplification, and reduction of the burden on respondents.

Existing provisions The current proposal is designed to simplify the current provisions and adapt them to the new needs of the European Union. The existing legislation, Council Directive 93/23/EEC of 1 June 1993 on the statistical surveys to be carried out on pig production, Council Directive 93/24/EEC of 1 June 1993 on the statistical surveys to be carried out on bovine animal production and Council Directive 93/25/EEC of 1 June 1993 on the statistical surveys to be carried out on sheep and goat stocks, should therefore be repealed.

Consistency with the other policies and objectives of the Union The statistics concerned by this proposal are essential for the management and evaluation of the common agricultural policy. The proposed Regulation is according to the Commission's new political approach to the simplification of legislation and better regulation as referred to in the Communications of 14 November 2006 on 'a strategic review of Better Regulation in the European Union' i and on 'reduction of the response burden, simplification and priority-setting in the field of Community statistics' i. It is one of the fast track actions identified in Annex III of the Communication of 24 January 2007 on an 'action programme for reducing administrative burdens in the European Union' i.

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CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT


Consultation of interested parties

Consultation methods, main sectors targeted and general profile of respondents The proposal has been discussed with data producers (representatives of the National Statistical Institutes) and Commission services (DG AGRI) through Working Groups and the Standing Committee for Agricultural Statistics (SCAS).

Summary of responses and how they have been taken into account The current proposal is the result of quite intensive negotiations between all interested parties.

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Collection and use of expertise


Expertise concerned The national representatives in the meetings of DG Eurostat's Working Group 'Animal Product Statistics' were experts with knowledge of the existing legislation and the national systems for collecting and compiling animal product statistics. The Commission officials included experts on policy analysis.

Main organisations/experts consulted The experts were from the National Statistical Institutes and DG AGRI. The Standing Committee for Agriculture Statistics and its working group 'Animal Statistics' were heavily involved and consulted.

Summary of advice received and used A very positive and supportive response was noted. The existence of potentially serious risks with irreversible consequences was not mentioned.

Since the current proposal represents a major simplification of the existing legislation, no risks were identified.

Means used to make the expert advice publicly available The working documents and minutes of the meetings of the SCAS and the working group are available through CIRCA.

Impact assessment The current proposal is a simplification of existing legislation. No information campaign and no financial incentives were considered appropriate.

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LEGAL ELEMENTS OF THE PROPOSAL



Summary of the proposed action The objective of this regulation is the provision by the EU Member States of statistics on livestock (twice a year on pigs and bovine animals and every year on sheep and goats), monthly statistics on slaughterings (heads and carcass weights of pigs, bovine animals, sheep, goats and poultry), and forecasts of meat production (pig meat, bovine meat, sheep and goat meat). Legal basis Article 285 of the Treaty establishing the European Community provides the legal basis for Community statistics. The Council, acting in accordance with the codecision procedure, adopts measures for the production of statistics where necessary for the performance of the activities of the Community. This Article sets out the requirements relating to the production of Community statistics, stating that they must conform to standards of impartiality, reliability, objectivity, scientific independence, cost-effectiveness and statistical confidentiality.

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Subsidiarity principle


The objectives of this proposal, namely the establishment of a common framework for the systematic production of Community statistics on livestock and meat production, cannot be sufficiently achieved by the Member States. They can be better achieved at Community level on the basis of a Community legal act, because only the Commission can coordinate the necessary harmonisation of statistical information at Community level, whereas the collection of data and compilation of comparable statistics on livestock and meat production can be organised by the Member States. The Community may therefore take action to this end in accordance with the principle of subsidiary as set out in Article 5 of the Treaty.

Proportionality principle The proposal complies with the proportionality principle for the following reasons. In accordance with the principle of proportionality, this Regulation confines itself to the minimum required to achieve its objective and does not go beyond what is necessary for that purpose. This Regulation does not specify the data collection mechanisms for each Member State, but merely defines the data to be supplied so as to ensure a harmonised structure and timing. There is no obligation for the Member States to make any changes in their administrative systems relating to the production of meat and livestock statistics. The only new item proposed for data collection in this Regulation is for poultry, which is already being implemented at EU level under a gentleman’s agreement.

The requirement for statistics instead of survey results, the reduced frequency of some data submissions and the possibility to make greater use of sources other than surveys (e.g. administrative sources) should reduce the financial and administrative burden on national authorities.

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Choice of instruments


Proposed instrument: Regulation. Other means would not be adequate for the following reasons. The selection of the appropriate instrument depends on the legislative goal. Given the information needs at European level, the trend for Community statistics has been to use regulations rather than directives for basic acts. A regulation is preferable because it lays down the same law throughout the Community, leaving the Member States with no leeway to apply it incompletely or selectively. It is directly applicable, which means that it does not need to be transposed into national law. In contrast, directives, which aim to harmonise national laws, are binding on Member States as regards their objectives, but leave the national authorities the choice of form and methods used to achieve these objectives. They also have to be transposed into national law. The use of a regulation is in line with other statistical legal acts adopted since 1997.

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BUDGETARY IMPLICATIONS



The proposal has no implications for the Community budget.

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ADDITIONAL INFORMATION


Simplification

The proposal provides for the simplification of legislation, the simplification of administrative procedures for public authorities (EU or national), and the simplification of administrative procedures for private parties.

The reduced breakdown of data by regions and by herd size, the reduced frequency of pig surveys, the exemptions granted to the Member States with animal populations under certain thresholds, and the harmonised transmission deadlines will simplify the work for the EU and national administrations.

The use of administrative sources instead of surveys will reduce the burden on respondents.

The proposal is included in the Commission's Work and Legislative Programme under the reference ESTAT/2007/002.

Repeal of existing legislation The adoption of the proposal will lead to the repeal of existing legislation.

European Economic Area The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.

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