L 34714 Official Journal of the European Union 24.12.2009 COMMISSION REGULATION (EU) No 1291/2009 of 18 December 2009 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Council Regulation (EC) No 1217/2009 of 30 November 2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Community ('), and in particular Articles 5(4), 6(5) and 7(2) thereof, Whereas: Commission Regulation (EEC) No 1859/82 of 12 July 1982 concerning the selection of returning holdings for the purpose of determining incomes of agricultural holdings (%) established the threshold for the economic size of holdings and the number of returning holdings for the implementation of Regulation (EC) No 1217/2009. Commission Regulation (EC) No 1242/2008 of 8 December 2008 establishing a Community typology for agricultural holdings (}) introduced a new concept of ‘economic size’, which is now expressed in euros, and amended some other criteria of the typology. As a consequence of the amendment made by Council Regulation (EC) No 1791/2006 (¥, the divisions of Bulgaria and Romania need to be taken into account. Some additional changes to Regulation (EEC) No 1859/82 need to be made for more precision. Therefore, in the interests of clarity, Regulation (EEC) No 1859/82 should be repealed and replaced by this Regulation. Returning holdings must be selected in a uniform manner in each division and to that end detailed rules should be laid down to implement the relevant provisions of Regulation (EC) No 1217/2009. 328, 15.12.2009, p. 27. 205, 13.7.1982, p. 5. () O] L () O] L () OJ L 335, 13.12.2008, p. 3. () O L 363, 20.12.2006, p. 1. ©) (10) The holdings to be studied in connection with the farm accountancy data network fall within the field of survey of the structure surveys and of Community or national censuses of agricultural holdings. The data available for the purposes of drawing up the plan for the selection of holdings (selection plan) for each accounting year and the difference in the agricultural situation as between the different Member States require that thresholds of economic size which vary by Member State, and even in some cases by division, be adopted. Experience shows that operation of the data network is facilitated if the number of returning holdings selected per division is allowed to differ by up to 20 % in either direction provided that this does not entail a reduction in the total number of returning holdings per Member State. As the financial management of such a measure is difficult, a limitation per Member State as to the total number of duly completed farm returns eligible for Community financing is introduced in Commission Regulation (EEC) No 1915/83 of 13 July 1983 on certain detailed implementing rules concerning the keeping of accounts for the purpose of determining the incomes of agricultural holdings (°). For reasons of clarity and coherence, this should be reflected in this Regulation. Flexibility in the number of returning holdings per division should be allowed, as long as the total number of the returning holdings of the Member State concerned is respected. The selection plan should include a minimum number of elements enabling its validity in relation to the objectives of the farm accountancy data network to be assessed. For the purpose of the selection plan, the field of survey should be stratified according to the divisions listed in the Annex to Regulation (EC) No 1217/2009 and according to the types of farming and economic size classes defined in Regulation (EC) No 1242/2008. (°) OJ L 190, 14.7.1983, p. 25.