HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 108/24
EN
Official Journal of the European Union
28.4.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 410/2011
of 27 April 2011
amending Regulation (EC) No 259/2008 laying down detailed rules for the application of Council
Regulation (EC) No 1290/2005 as regards the publication of information on the beneficiaries of
funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European
Agricultural Fund for Rural Development (EAFRD)
THE EUROPEAN COMMISSION,
HAS ADOPTED THIS REGULATION:
Having regard to the Treaty on the Functioning of the European
Article 1
Union,
Article 1 of Regulation (EC) No 259/2008 is hereby amended as
follows:
Having regard to Council Regulation (EC) No 1290/2005 of
21 June 2005 on the financing of the common agricultural
policy ( 1 ), and in particular point 8b of Article 42 thereof,
1. paragraph 1 is amended as follows:
Having consulted the European Data Protection Supervisor,
(a) the opening sentence is replaced by the following:
Whereas:
‘1. The
publication
referred
to
in
Article
44a
of
Regu
lation (EC) No 1290/2005 shall include the following
information on beneficiaries who are legal persons:’;
(1)
In its judgment in Joined Cases C-92/09 and 93/09 ( 2 )
concerning the obligation to publish information on the
beneficiaries of European agricultural funds, the Court of
Justice of the European Union concluded that publishing
(b) point (a) is deleted;
personal data relating to natural persons without drawing
a distinction based on relevant criteria such as the
periods during which those persons have received such
aid, or the frequency or nature and amount thereof, is
(c) points (b) and (c) are replaced by the following:
not proportionate. Consequently, the Court declared that
the relevant provisions are invalid. Since it is in the
interest of natural persons that their personal data
should be protected, and with a view to reconciling the
‘(b) the full legal name as registered where the bene
different objectives underlying the obligation to publish
ficiaries are legal persons with an autonomous legal
information on the beneficiaries of funds deriving from
personality pursuant to the legislation of the Member
the European Agricultural Guarantee Fund (EAGF) and
State concerned;
the European Agricultural Fund for Rural Development
(EAFRD), as provided for in Commission Regulation (EC)
No 259/2008 ( 3 ), it should be stipulated that this obli
gation does not apply to natural persons.
(c) the full name of the association as registered or

otherwise officially recognised where the beneficiaries
are associations of legal persons without an own
legal personality;’;
(2) For
reasons
of
transparency,
Regulation
(EC)
No
259/2008 should therefore be formally amended
accordingly pending the adoption by Parliament and
the Council of new rules taking account of the objections
2. paragraph 2 is replaced by the following:
expressed by the Court.
‘2. In
the
case
of
legal
persons,
Member
States
may
(3) The
measures
provided
for
in
this
Regulation
are
in
publish more detailed information than provided for in
accordance with the opinion of the Committee on Agri
paragraph 1.’.
cultural Funds,
( 1 ) OJ L 209, 11.8.2005, p. 1.
( 2 ) Judgment of 9 November 2010 in Joined Cases C-92/09 and
Article 2
C-93/09, Volker und Markus Schecke GbR and Hartmut Eifert v Land
Hessen, not yet published in the ECR.
This Regulation shall enter into force on the day following its
( 3 ) OJ L 76, 19.3.2008, p. 28.
publication in the Official Journal of the European Union.

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EN
28.4.2011 Official
Journal
of
the
European
Union L
108/25
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 27 April 2011.
For the Commission
The President
José Manuel BARROSO

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