Commission Implementing Regulation (EU) 2024/2746 of 25 October 2024 laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up the Farm Sustainability Data Network and repealing Commission Implementing Regulation (EU) 2015/220
Commission Implementing Regulation (EU) 2024/2746of 25 October 2024laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up the Farm Sustainability Data Network and repealing Commission Implementing Regulation (EU) 2015/220THE 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 the Farm Sustainability Data NetworkOJ L 328, 15.12.2009, p. 27, ELI: http://data.europa.eu/eli/reg/2009/1217/oj., and in particular Article 4a(3), Article 5(1), third subparagraph, Article 5a(2) and (4), Article 5b(7), Article 7(2), Article 8(4), Article 8a(2) and Article 19(4) thereof,Whereas:(1)Regulation (EU) 2023/2674 of the European Parliament and of the CouncilRegulation (EU) 2023/2674 of the European Parliament and of the Council of 22 November 2023 amending Council Regulation (EC) No 1217/2009 as regards conversion of the Farm Accountancy Data Network into a Farm Sustainability Data Network (OJ L, 2023/2674, 29.11.2023, ELI: http://data.europa.eu/eli/reg/2023/2674/oj). amended Regulation (EC) No 1217/2009. With this amendment, the Farm Accountancy Data Network (FADN) is transformed into a Farm Sustainability Data Network (FSDN). To ensure the proper functioning of the new legal framework resulting from that amendment, certain rules should be adopted by means of implementing acts.(2)In accordance with Article 5(1), third paragraph, of Regulation (EC) No 1217/2009, it is necessary to fix thresholds for the economic size of holdings. Such thresholds need to vary according to the Member State and, in some cases, according to the FSDN division, to take account of their different farming structures.(3)Article 5a of Regulation (EC) No 1217/2009 provides that each Member State is to draw up a plan for the selection of returning holdings ("selection plan") that ensures a representative sample of the field of survey. For creating the selection plan, the field of survey should be stratified based on the FSDN divisions listed in Annex I to Regulation (EC) No 1217/2009, as well as based on types of farming and economic sizes. The selection plan should be drawn up before the beginning of the reporting year so that the Commission can review its content before it can be used to select returning holdings. To maintain the representativeness of the sample selected in relation to the economic variables, while incorporating other sustainability aspects, the models and methods relating to selection plan’s form and content should be updated. The selection of holdings operated by the Member States should take into account environmental and social topics introduced with the conversion to the FSDN.(4)To meet the objectives set out in Article 5b of Regulation (EC) No 1217/2009, which apply for the purposes of the FSDN, implementing rules for the Union typology should be established.(5)The type of farming and the economic size of the holding should be determined using an economic criterion. It is appropriate to use the standard output referred to in Article 5b(2) of Regulation (EC) No 1217/2009 for that purpose. These standard outputs need to be established by product and should align with the list of core structural data variables set out in Annex III to Regulation (EU) 2018/1091 of the European Parliament and of the CouncilRegulation (EU) 2018/1091 of the European Parliament and of the Council of 18 July 2018 on integrated farm statistics and repealing Regulations (EC) No 1166/2008 and (EU) No 1337/2011 (OJ L 200, 7.8.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1091/oj).. In this respect, a correspondence between the characteristics of the structure surveys and the headings of the farm return of the FSDN should be ensured.(6)As the non-agricultural activities of the holding become more important, a classification variable reflecting the importance of such gainful activities directly related to the holding should be included in the Union typology.(7)Since it is appropriate to use the standard output referred to in Article 5b(2) of Regulation (EC) No 1217/2009 as an economic criterion to determine the type of farming and the economic size of the holding, it is further necessary to lay down certain rules for the transmission to the Commission of the standard outputs and the data needed for their calculation.(8)To achieve the objectives of the FSDN, the characteristics of the farm return should be modified, including start and end of the reporting year, the form and layout of the farm return, the definition of variables and the frequency of data transmission. In particular, the new variables relating to the economic, environmental, and social sustainability dimensions of farming should cover the topics set out in Annex -I of Regulation (EC) No 1217/2009. General principles for compiling the farm returns, including the need to collect environmental and social variables and the new possibilities provided by data sharing with other data sources, should be established.(9)Variables and definition of variables linked to one or more of the topics set out in Annex -I of Regulation (EC) No 1217/2009 should be detailed, providing information necessary to carry out their specific analysis. The definition of new variables should be consistent with the existing accountancy data, which are included within FSDN data, based on similar form and layout.(10)Article 8(4), point (d), of Regulation (EC) No 1217/2009 lays down that methods and deadlines for data transmission to the Commission, including possible extensions of deadlines and exemptions for specific variables that may be granted to a Member State, should be established. It is appropriate, taking in account the different organisation and methods for data compilation across Member States, to establish relevant deadlines for certain variables within the period of reporting year 2025 to reporting year 2027. Such period should apply both for establishing the timetable for submitting the data and for the management of the annual budget.(11)Duly completed farm returns should be sent to the Commission in time by the liaison agency appointed by each Member State in accordance with Article 7 of Regulation (EC) No 1217/2009, to ensure the uniform and timely management of the delivered data. The delivery process of the data to the Commission should be made practical and secure. Therefore, provision should be made for the liaison agency to send the information concerned directly to the Commission via the computerised system set up by the Commission for the purposes of that Regulation as well as for further modalities in that regard. It is appropriate that the time limits for the submission of such data to the Commission take into account Member States' past record in delivering such data.(12)Every farm return delivered to the Commission should be duly completed in order to be considered as eligible for payment of the amount.(13)The limit on the total number of duly completed farm returns eligible for Union financing per Member State and per FSDN division is laid down in Regulation (EC) No 1217/2009. However, to take account of structural changes, flexibility in the maximum number of returning holdings eligible for Union financing per FSDN division should be allowed in order to compensate for under-deliveries in other FSDN divisions, provided that the maximum number of the returning holdings of the Member State concerned is respected, as laid down in Regulation (EC) No 1217/2009.(14)According to Article 19(1), point (a), of Regulation (EC) No 1217/2009, an amount should be payable to the Member States for the delivery of the duly completed farm returns within a set deadline. In order to ensure a smooth transition between the FADN and the FSDN, the rules governing the amount payable to Member States should be adapted for the payments within the period of reporting year 2025 to reporting year 2027 and take account of the extent to which the duly completed farm returns delivered provide all the information required to analyse the topics set out in Annex-I to Regulation (EC) No 1217/2009.(15)The Commission, the European Public Prosecutor’s Office (EPPO) in respect of those Member States participating in enhanced cooperation pursuant to Council Regulation (EU) 2017/1939Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office ("the EPPO") (OJ L 283, 31.10.2017, p. 1, ELI: http://data.europa.eu/eli/reg/2017/1939/oj)., the European Anti-Fraud Office (OLAF) and the Court of Auditors are to have the power to exert their respective competences, including to carry out audits, on-the-spot-checks and investigations on the expenditure financed by the Union under this Regulation.(16)In order to implement rules on data sharing included in Article 4a of Regulation (EC) No 1217/2009, it is necessary to set out provisions on the data to be extracted from the different datasets. Technical specifications and deadlines for data transmission should be set out with the aim to reduce administrative burden for the Member States’ authorities, taking into account the feasibility to extract data, other electronic systems already in place and the management of the FSDN computerised data system. To align with the implementation of the Strategic Plans under the Common Agricultural Policy (CAP) as laid down in Regulation (EU) 2021/2115 of the European Parliament and of the CouncilRegulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013 (OJ L 435, 6.12.2021, p. 1, ELI: http://data.europa.eu/eli/reg/2021/2115/oj). and Regulation (EU) 2021/2116 of the European Parliament and of the CouncilRegulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (OJ L 435, 6.12.2021, p. 187, ELI: http://data.europa.eu/eli/reg/2021/2116/oj)., in particular in Article 67(3) thereof, it is appropriate to set deadlines for data transmission that will allow to link FSDN data with the CAP aid applications submitted by the same holdings. Directive 2007/2/EC of the European Parliament and of the CouncilDirective 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1, ELI: http://data.europa.eu/eli/dir/2007/2/oj). and Commission Implementing Regulation (EU) 2023/138Commission Implementing Regulation (EU) 2023/138 of 21 December 2022 laying down a list of specific high-value datasets and the arrangements for their publication and re-use (OJ L 19, 20.1.2023, p. 43, ELI: http://data.europa.eu/eli/reg_impl/2023/138/oj). should also be taken into account with regards to sharing spatial data of agricultural parcels.(17)In order to implement rules on storage, processing, reuse and sharing of data included in Article 8a of Regulation (EC) No 1217/2009, it is necessary to set out provisions about the computerised data system to transmit and analyse data in accordance with Commission Decision (EU, Euratom) 2017/46Commission Decision (EU, Euratom) 2017/46 of 10 January 2017 on the security of communication and information systems in the European Commission (OJ L 6, 11.1.2017, p. 40, ELI: http://data.europa.eu/eli/dec/2017/46/oj)..(18)The number, relevance, and definition of variables, as well as financial provisions, including the definition of a duly completed farm return, and data sharing provisions should be subject to revision in 2027, taking into account the experience gained after the compilation of data for the first reporting year, and on the basis of a feasibility analysis taking into account, among others, input from Member States, including the availability and quality of new and existing data sources, possible implementation of new methods, and the financial burden on the Member States and returning holdings.(19)The new rules introduced by this Regulation replace the existing rules laid out in Commission Implementing Regulation (EU) 2015/220Commission Implementing Regulation (EU) 2015/220 of 3 February 2015 laying down rules for the application of Council Regulation (EC) No 1217/2009 setting up a network for the collection of accountancy data on the incomes and business operation of agricultural holdings in the European Union (OJ L 46, 19.2.2015, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2015/220/oj).. That Implementing Regulation should therefore be repealed. However, to ensure that data transmission, data verification and payments for all accounting years prior to 2025 can be finalised, that Implementing Regulation should continue to apply after 1 January 2025.(20)Considering the need for Member States to transition from the FADN to the FSDN this Regulation should apply as from reporting year 2025.(21)To allow Member States to start preparing the selection plan promptly, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.(22)The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the CouncilRegulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39, ELI: http://data.europa.eu/eli/reg/2018/1725/oj). and delivered formal comments on 13 September 2024.(23)The measures provided for in this Regulation are in accordance with the opinion of the Farm Sustainability Data Network Committee,HAS ADOPTED THIS REGULATION: