24 Amendments of Dan-Ştefan MOTREANU related to 2022/0192(COD)
Amendment 34 #
Proposal for a regulation
Recital 4
Recital 4
(4) Agricultural holdings sustainability is assessed in the framework of the United Nations Sustainable Development Goals, along three main aspects: economic, environmental and social. Data are currently collected mainly to assess economic aspects of agricultural holdings, while there is a need that an overall sustainability of the holding is assessed including environmental data linked to soil, air, water and biodiversity, as well as data covering the social dimension of farming. The conversion to FSDN will enable the benchmarking of farm performance against regional, national and sectorial averages. Regarding accountancy data, accounts of agricultural holdings constitute the basic source for any assessment of incomes on agricultural holdings or study of their business operation. The information collected may also be used to provide personalised advisory services and feedback to farmers with the aim to improve farm management and the agricultural holdings’ sustainability.
Amendment 36 #
Proposal for a regulation
Recital 5
Recital 5
(5) Those objectives can be attained only by means of a Union network for the collection of farm sustainability data (hereinafter referred to as ‘data network’), based on data collectors existing in each Member State, enjoying the confidence of the parties concerned. Member States or responsible national authorities should endeavour to modernise data collection modes as far as possible. In order to reduce the burden for farmers and data collectors, with the aim to avoid the duplication of data requests and to enrich the FSDN data set, the principle of collect data once and re-use it multiple times should be applied. The Open Data Directive27 will be considered. The use of digital solutions should be prioritised and promoted, including re-use of data and data sharing with other sources. For this purpose, developing or optimizing available digital tools for data collection such as the Farm Sustainability Tool (FaST) instrument should be explored. It should be provided for that the system based exclusively on farm accountancy offices may be extended in view of collecting environmental and social variables and that the data collection may be based both on regular and special surveys depending on the informative needs. _________________ 27 Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information. PE/28/2019/REV/1.
Amendment 44 #
Proposal for a regulation
Recital 9
Recital 9
(9) The data should be collected at the level of the Member State and should be pseudonymised with the identification numbera farm ID to allow for farm level identification as well as subsequent interlinkage with other data networks. Only pseudonymised data should be transmitted to the Commission. It should be provided for that access to this data may be provided only to the competent authorities in specific cases and in accordance with international, Union and national law. The procedures to be followed and the conditions to be fulfilled in order to gain access to data in accordance with necessity and proportionality requirements should be defined by international, Union and national law, and in particular with the Charter of Fundamental Rights of the European Union.
Amendment 50 #
Proposal for a regulation
Recital 10
Recital 10
(10) All necessary measures should be taken to avoid de-anonymisation and de- pseudonymisation but it may occur that data could be disclosed due to additional research and data disclosure outside the control of the Commission. In such cases, data should be considered as personal data and Regulations (EU) 2016/67928 and (EU) 2018/172529 of the European Parliament and of the Council should apply. Data are collected concerning agricultural holdings, without regard to ownership of natural or legal persons. Therefore, data protection guarantees should be extended to legal persons. Further, as the development, production and dissemination of European statistics is concerned, principles of Regulation (EC) 223/200930 should be complied with. _________________ 28 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). 29 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). 30 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).
Amendment 57 #
Proposal for a regulation
Recital 14
Recital 14
(14) Considering that somemany Member States do not face problems with farmers’ participation in the data network, some of them already includedthe nature of the farmers' contributions to the FASDN system under national statistics which provide an obligation for farmers to provide the requested information. When selected as returning holding, farmers should provide the data; it should be possible for the Member States to adopt national rules to address cases of returning holdings not complying with such an obligationhould remain voluntary. When selected as returning holding, farmers should to do their best to provide the requested information; the farmers may be incentivised for this purpose. It should be possible for the Member States to adopt national rules to improve data collection and ensure a better quality of the collected data.
Amendment 58 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) Personalised advisory services provided to returning holdings based on FSDN data can be a valuable stimulent for FSDN participation as long as the advice is based on relevant and recent data, taking into account science-based developments and the latest available knowledge on best practices.
Amendment 61 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1217/2009
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A Union farm sustainability data network (‘FSDN’ or ‘data network’) is set up to collect farm level economic, environmental and social data as laid down in Annex-II.
Amendment 63 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1217/2009
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. The Commission is empowered to adopt delegated acts, in accordance with Article 19a, amending this Regulation by amending Annex-II in order to expand or introduce new data categories, in accordance with the objectives of this Regulation.
Amendment 66 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 1217/2009
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The data obtained pursuant to this Regulation shall contribute to the assessment of EU agriculture’s sustainability. In addition, such data may be used to provide advisory services and feedback to farmers with the aim of improving the management and sustainablility of agricultural holdings.
Amendment 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 1217/2009
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘FSDN data’ means economic, environmental and social farm level data referred to in Article 1(1) relating to agricultural holdings derived from accounts, and/or from other data sources collected systematically and regularly;
Amendment 80 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 1217/2009
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The competent authority for FSDN may use other data sources (e.g. SAIO, IACS, agricultural census etc) in order to collect and re-use aggregated data to feed the FSDN surveys, while ensuring data protection. This is necessary to avoid additional administrative burden on respondents. If secondary data sources (registers, farm administrative records) are used, this should be conditional on farmer’s agreement on the use of data.
Amendment 89 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9 Regulation (EC) No 1217/2009
Article 1 – paragraph 1 – point 9 Regulation (EC) No 1217/2009
3. An agricultural holding qualifying as returning holding in the plan for the selection of returning holdings shall provide the requested datado its best to facilitate the collection of the FSDN data in accordance with the applicable law.
Amendment 94 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EC) No 1217/2009
Article 7 – paragraph 1 – point h
Article 7 – paragraph 1 – point h
(h) to make available, within two years after the collection of data, the obtained results for providing updated advice and feedback to farmers on their sustainability performance.;
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 1217/2009
Article 8 – paragraph 4
Article 8 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 19a, supplementing this Regulation with the rules to determine the main groups of data to be collected and the general rules for data collection. The general rules for data collection should take into consideration relevant technology advancements and the possibility of collecting data through remote sensing.
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1217/2009
Article 19 – paragraph 1 – point a
Article 19 – paragraph 1 – point a
(a) for regular surveys: a standard fee 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 a FSDN division or a Member State is less than 8075 % of the number of returning holdings laid down for that FSDN division or for the Member State concerned, a fee equal to 50 % of the standard fee shall be applied for each farm return from that FSDN division or from the Member State concerned;
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1217/2009
Article 19 – paragraph 1 – point b
Article 19 – paragraph 1 – point b
(b) for special surveys: a standard fee 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 a FSDN division or a Member State is less than 8075 % of the number of returning holdings laid down for that FSDN division or for the Member State concerned, a fee equal to 50 % of the standard fee shall be applied for each farm return from that FSDN division or from the Member State concerned;
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 1 – point 17
Article 1 – paragraph 1 – point 17
Regulation (EC) No 1217/2009
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Union mayshall also provide financial contributions from the general budget of the Union to Member States, in order to cover the implementation costs of this Regulation when the setting up of the system for collecting the additional environmental and social variables, including training and interoperability between data collection systems, necessitates significant adaptations in the national FADN data collection system of a Member State.
Amendment 116 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point a
Article 1 – paragraph 1 – point 18 – point a
Regulation (EC) No 1217/2009
Article 19a – paragraph 2
Article 19a – paragraph 2
2. The power to adopt delegated acts referred to in Article 31(1a) and Articles 3, 4(3), 5(1), 5a(1), 5b(2) and (3) and 8(3) shall be conferred on the Commission for a period of 5 years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.;
Amendment 118 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Regulation (EC) No 1217/2009
Article 19a – paragraph 3
Article 19a – paragraph 3
3. The delegation of power referred to in Article 31(1a) and Articles 3, 4(3), 5(1), 5a(1), 5b(2) and (3) and Article 8(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.;
Amendment 120 #
Proposal for a regulation
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Regulation (EC) No 1217/2009
Article 19a – paragraph 5
Article 19a – paragraph 5
5. A delegated act adopted pursuant to Article 31(1a) and Articles 3, 4(3), 5(1), 5a(1), 5b(2) and (3) and Article 8(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. ;
Amendment 123 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20
Article 1 – paragraph 1 – point 20
(20) Annex I is replaced by the text in the Annex I to this Regulation.
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 20 a (new)
Article 1 – paragraph 1 – point 20 a (new)
(20 a) The text set out in Annex-II to this Regulation is inserted as Annex-II.
Amendment 128 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Annex-II List of data categories referred to in Article 1(1) that may be included in the FSDN data 1.Economic variables should cover the following topics: (1) general data about the farm (ownership, legal status); (2) assets (land, buildings, equipment); (3) land use (including areas facing natural and other specific constraints); (4) debts (5) inputs (costs); (6) products (plant production, livestock and animal products, other gainful activities); (7) quality products – designation of origin; (8) membership of producer organisations; (9) subsidies; (10) production quotas and rights; (11) Value Added Tax. 2.Environmental variables should cover the following topics: (1) soil management; (2) biodiversity and High-diversity landscape features; (3) GHG emissions and removals; (4) nutrients and pesticides use and management; (5) organic farming; (6) animal welfare; (7) waste management; (8) water management; (9) energy use and production; (10) circular and bio-economy. 3.Social variables should cover the following topics: (1) holding and partnership description; (2) labour description; (3) social security; (4) attractiveness of the farming sector (working conditions for farmers and agricultural workers); (5) education; (6) social inclusion (well-being, living conditions for farmers and agricultural workers).