THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy, and in particular point 8b of Article 42 thereof,
Having consulted the European Data Protection Supervisor,
Whereas:
(1)
In its judgment in Joined Cases C-92/09 and 93/09 concerning the obligation to publish information on the beneficiaries of European agricultural funds, the Court of Justice of the European Union concluded that publishing 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 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 different objectives underlying the obligation to publish information on the beneficiaries of funds deriving from the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD), as provided for in Commission Regulation (EC) No 259/2008, it should be stipulated that this obligation does not apply to natural persons.
(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 expressed by the Court.
(3)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on Agricultural Funds,
HAS ADOPTED THIS REGULATION: