EUU, Alm.del - 2021-22 - Endeligt svar på spørgsmål 8: Spm. om drøftelser mellem EU-Kommissionen og Landbrugsstyrelsen, til ministeren for fødevarer, landbrug og fiskeri, kopi til udenrigsministeren

Europaudvalget 2021-22
EUU Alm.del
Offentligt

Director Michael Niejahr

European Commission - Directorate-General for Agriculture and

Rural Development - Deputy Director-General, in charge of

Directorates G, H, I - Legal, institutional and procedural matters

(AGRI.DDG3.I)

J.nr. 21-210-000008

Ref. MICB

21. June 2021

Publication of information relating to beneficiaries

Dear Mr. Niejahr

It has been proposed to the Danish Minister of Food, Agriculture and Fisheries that information

relating to beneficiaries mentioned in Article 111 of EU Regulation (1306/2013) should be

published for more than two years.

The Danish Agricultural Agency has scrutinized the Judgement of the European Court (Grand

Chamber) from 9 November 2010 in the Joined Cases C-92/09 and C-93/09 and the preambles

(especially No. 78 and 83) of Regulation 1306/2013.

We have also scrutinizedthe Directive on open data and the re-use of public sector information,

also known as the ‘Open Data Directive’ (Directive (EU) 2019/1024), and the Charter of

fundamental rights of the European Union. The Danish Agricultural Agency has reached the

conclusion that it would be a violation of the present EU legislation and the principle of

proportionality, if Denmark as the only Member State decides to implement national rules with

a publication period longer than two years.

We have based our conclusion on the following elements and would appreciate if the

Commission could give us its view on this matter:

Publication for two years

It is our understanding that the Commission has carefully considered certain elements of the

Judgement from the European Court in the Joined Cases C-92/09 and C-93/09. The

Commission has aimed to strike a balance between protecting beneficiaries in relation to

publication on the one hand and on the other hand secure the public’s right to know how EAGF

and EAFRD funds are spent. The Commission has considered it proportionate to publish the

information in Article 111 in Regulation No. 1306/2013 up to two years provided that a

threshold rule was introduced so that only amounts above this threshold should be published.

As the structures of the member States’ agricultural economies vary considerable and may differ

significantly from the average Union farm structure, the application of different minimum

thresholds that reflect the particular situation of the Member States should be allowed, as

mentioned in preamble No. 83 in Regulation 1306/2013. However, the option concerning

having special national rules does not include the length of the publication period.

Landbrugsstyrelsen • Nyropsgade 30 • 1780 København V

Tlf. 33 95 80 00 • CVR 20814616 • EAN 5798000877955 • [email protected] • www.lbst.dk

EUU, Alm.del - 2021-22 - Endeligt svar på spørgsmål 8: Spm. om drøftelser mellem EU-Kommissionen og Landbrugsstyrelsen, til ministeren for fødevarer, landbrug og fiskeri, kopi til udenrigsministeren

As far as the Danish Agricultural Agency has been able to understand, the legislative preparatory

text to regulation No. 1306/2013 does not indicate that the Member States can establish an

individual publication period going further than two years. It is also our understanding that

because the funds that we pay out under EAGF and EAFRD are EU funds and not national

funds, it is EU legislation, which should apply.

Furthermore, The Commission carried out a proper investigation among the Member States

before it established the two-year publication period. This was done in order to fulfill a principle

that also the European Court stressed in relation to its judgement in C-92/09 and C-93/09: that

economic conditions of individual persons should be respected and only published on the basis

of careful consideration whether it is necessary and proportionate to publish the information. A

principle that is also stressed in the Charter of fundamental rights of the European Union.

Our basic question is therefore if a publication period longer than two years could be seen as a

violation of the proportionality principle of the European Charter?

Should you have any questions in relation to the above, please do not hesitate to contact us at

[email protected]

Best regards

Jesper Loldrup

Head of Division

Agricultural Support & Geodata

EUROPEAN COMMISSION

DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT

Deputy Director-General, in charge of Directorates D, E and F

Brussels

AGRI.DDG2.D.1/CP/DVC(2021)5323005

Dear Mr Loldrup

Thank you for your letter of 21 June 2021 in which you ask whether it would be possible

to publish the information relating to beneficiaries for more than two years.

For dissemination of beneficiaries’ data, Article 111

of Regulation (EU) No 1306/2013

applies. In accordance with this Article,

the information “shall

remain available for two

years from the date of the initial publication”.

Therefore, you came to the conclusion that

a publication maintained for a longer period

would be a violation of the EU legislation

and of the proportionality principle of the European Charter.

We can confirm that indeed the publication period is restricted to two years; after these

two years, there is no EU justification for publishing the data. Therefore the full access to

information on agricultural subvention payments for a longer period would clearly not be

covered by Article 111 of Regulation (EU) No 1306/2013.

The EU rules on processing and protection of personal data for the CAP are determined

by Article 117 of Regulation (EU) No 1306/2013, while Article 86 of the General Data

Protection Regulation (EU) 679/2016 (GDPR) allows access to official documents

according to the laws of the respective Member State. Thus, it has to be decided by the

Danish Authorities how this access might be granted respecting the GDPR.

The present opinion is provided on the basis of the facts as set out in your letter of 21

June 2021, expresses the view of the Commission services and does not commit the

European Commission. In the event of a dispute involving Union law it is, under the

Treaty on the Functioning of the European Union, ultimately for the Court of Justice of

the European Union to provide a definitive interpretation of the applicable Union law.

Yours faithfully,

Mihail DUMITRU

Jesper Loldrup

Head of Division

Agricultural Support & Geodata

Landbrugsstyrelsen • Nyropsgade 30 • 1780

København V

[email protected]

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

Office: L130 09/056 - Tel. direct line +32 229-72458

[email protected]

Director Mihail Dumitru

European Commission - Directorate-General for Agriculture and Rural

Development - Deputy Director-General, in charge of Directorates D, E and F

(AGRI.DDG2.D.1/CP/DVC (2021) 5323005)

Ref. IPH

7. September 2021

Regarding publication of information relating to beneficiaries

Thank you for your answer of 30 July 2021 to our question regarding the

possibility for Member States to publish information relating to beneficiaries for

more than two years.

You confirm that the publication period is restricted to two years and therefore the

full access to information on agricultural subvention payments for a longer period

is not covered by article 111 of Regulation (EU) No. 1306/2013.

As mentioned in our letter of 21 June 2021, in Denmark there is political interest

in publishing the information relating to beneficiaries for more than two years

under national rules.

Will it, in your opinion, be in contravention of article 111 of Regulation (EU) No.

1306/2013 to introduce under national rules a publication period for more than

two years? It would of course have to be the responsibility of the Danish

authorities to ensure that publication is carried out in accordance with the GDPR,

the Charter and other relevant legal requirements.

Yours faithfully

Jesper Loldrup

Head of Division, Agricultural Support & Geodata,

The Danish Agricultural Agency

Landbrugsstyrelsen • Nyropsgade 30 • 1780 København V

Tlf. 33 95 80 00 • CVR 20814616 • EAN 5798000877955 • [email protected] • www.lbst.dk

EUROPEAN COMMISSION

DIRECTORATE-GENERAL FOR AGRICULTURE AND RURAL DEVELOPMENT

Deputy Director-General, in charge of Directorates D, E and F

Brussels

AGRI.DDG2.D.1/CP/RD D(2021) 6358575

Dear Mr Loldrup,

Thank you for your letter of 7 September 2021 in which you declare your interest in

publishing the information relating to beneficiaries for more than two years and you ask

whether it would be possible to introduce, under national rules, a publication period for

more than two years.

As mentioned in my previous letter in reply to your letter of 21 June 2021, any

publication after these two years would clearly not be covered by Article 111 of

Regulation (EU) No 1306/2013.

The present opinion is provided on the basis of the facts as set out in your letter of 7

September 2021, expresses the view of the Commission services and does not commit

the European Commission. In the event of a dispute involving Union law it is, under the

Treaty on the Functioning of the European Union, ultimately for the Court of Justice of

the European Union to provide a definitive interpretation of the applicable Union law.

Yours faithfully,

Mihail DUMITRU

Mr Jesper LOLDRUP

Head of Division

Agricultural Support & Geodata

Landbrugsstyrelsen • Nyropsgade 30 • 1780 København V

[email protected]

Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111

Office: L130 09/056 - Tel. direct line +32 229-72458

[email protected]