Free mobility of capital
The key piece of legislation behind Chapter 4 of the acquis is Council Directive 88/361/EEC of 24 June 1988, which provided for the full liberalization of capital movements between Member States from July 1990, with transition periods for Greece, Ireland, Portugal and Spain. Article 3 allows Member States to take actions authorized by the Commission on real estate transactions where “short-term capital movements of exceptional magnitude” lead to serious disturbances in the conduct of a Member States monetary and exchange rate policies. The transition arrangements under Chapter 4 for the new Member States are listed in the two accession treaties, Treaty of Accession, Brussels, 3 April 2003, AA2003/ ACT/en 1 and Treaty Concerning the Accession of Bulgaria and Romania to the European Union, Luxembourg, 25 April 2005, AA2005/ACT/en 1.
Farm Accountancy Data Network
The current legislation governing FADN is Commission Regulation (EC) No 660/2004 of 7 April 2004, which amended a series of regulations going back to Regulation No 79/65/EEC of the Council of 15 June 1965. This set up FADN and obliged the Member States to participate in it. Council Regulation (EC) No 1837/2001 of 10 September 2001 and Commission Regulation (EC) No 2253/2004 of 23 December 2004, which amend Council Regulation (EEC) No 2237/77 of 23 September 1977, set out the form of farm return to be used for the purpose of determining incomes of agricultural holdings. The way in which FADN operates is explained by European Commission Directorate-General for Agriculture and Rural Development (2005).
The agricultural census was established by Council Regulation (EEC) No 571/88 of 29 February 1988 on the organization of Community surveys on the structure of agricultural holdings. This has been amended by subsequent legislation, most recently by Commission Regulation (EC) No 143/2002 of 24 January 2002 and Regulation (EC) No 1882/2003 of the European Parliament and Council of 29 September 2003. The questionnaire for the 2005 and 2007 surveys is set out in Commission Regulation (EC) No 2139/2004 of 8 December 2004. The use of sample sources by particular Member States for certain parts of the 2005 survey is authorized by Commission Decision 2005/124/EC of 10 February 2005.
Integrated Administration and Control System
The rules for the operation of the IACS system are set out in Commission Regulation (EC) No 796/2004 of 21 April 2004, which has been amended by Commission Regulation (EC) No 239/2005 of 11 February 2005 and Commission Regulation (EC) No 436/2005 of 17 March 2005. IACS was established by Council Regulation (EEC) No 3508/92 of 27 November 1992. The creation of the present system, establishing common rules for direct support schemes under the Common Agricultural Policy, was provided for by Council Regulation (EC) No 1782/2003. The conditions under which the Central and Eastern European countries that joined the EU in 2004 can replace direct payments with a single area payment are set out in Council Decision 2004/281/EC of 22 March 2004.
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