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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

CELEX
32024R2746
Document type
REG_IMPL
Sector
Legislation
Date of document
2024-10-25
In force since
2024-10-31
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Threshold of economic size

The thresholds of economic size, as referred to in Article 5(1), first subparagraph, of Regulation (EC) No 1217/2009, are set out in Annex I to this Regulation.

Article 2 Number of returning holdings

The number of returning holdings per Member State and per Farm Sustainability Data Network (FSDN) division, referred to in Article 5a(2) and (3) of Regulation (EC) No 1217/2009, is set out in Annex II to this Regulation.

Article 3 Selection plan

1 Models and methods relating to the form and content of the data referred to in Article 5a(4) of Regulation (EC) No 1217/2009 are set out in Annex III to this Regulation.

2 Member States shall notify the Commission, by electronic means, of the selection plan referred to in Article 5a(1) of Regulation (EC) No 1217/2009 and approved by the National Committee referred to in Article 6(2) of that Regulation, no later than two months before the beginning of the reporting year to which that selection plan relates.

Article 4 Particular types of farming specialisations

The methods for the calculation of particular types of farming specialisations, referred to in Article 5b(3) of Regulation (EC) No 1217/2009, and their correspondence with general and principal types of farming, referred to in that Article, are set out in Annex IV to this Regulation.

Article 5 Economic size of the holding

The method for the calculation of the economic size of the holding, referred to in Article 5b(4) of Regulation (EC) No 1217/2009, and the economic size classes, referred to in Article 5b(1) of that Regulation, are set out in Annex V to this Regulation.

Article 6 Standard output coefficient and total standard output of a holding

1 The method of calculation to determine the standard output coefficient of each characteristic, referred to in Article 5b(2) of Regulation (EC) No 1217/2009, and the procedure for collecting the corresponding data are set out in Annexes IV and VI to this Regulation. The standard output coefficient of the different characteristics of a holding, referred to in Article 5b(2) of Regulation (EC) No 1217/2009, shall be determined for the crop and livestock variables listed in Part 2.1. of Annex IV to this Regulation and for each geographical unit referred to in point 2(b) of Annex VI to this Regulation.

2 The total standard output of a holding shall be obtained by multiplying the standard output coefficient of each crop and livestock variable by the number of corresponding units.

Article 7 Other gainful activities directly related to the holding

The other gainful activities directly related to the holding, referred to in Article 5b(5) of Regulation (EC) No 1217/2009, are defined in Part 1 of Annex VII to this Regulation. Their economic importance to the holding shall be expressed as a percentage band of the holding turnover. The method to estimate the importance of the gainful activities referred to in the first paragraph is set out in Parts 2 and 3 of Annex VII to this Regulation. The percentage bands referred to in the first paragraph are set out in Part 3 of Annex VII to this Regulation.

Article 8 Notification of standard outputs and data for their determination

1 Member States shall submit to the Commission (Eurostat) the standard outputs, the data for their determination and corresponding metadata, as referred to in Article 5b(6) of Regulation (EC) No 1217/2009, for a reference period of year N before 31 December of the year N+3.

2 For the submission of the data and metadata referred to in paragraph 1, Member States shall use the computerised systems made available by the Commission (Eurostat) for that purpose.

Article 9 The start and the end of the reporting year

The reporting year of 12 consecutive months, referred to in Article 8(3) of Regulation (EC) No 1217/2009, shall end during the period from 31 December to 30 June inclusive.

Article 10 The definitions of variables, the form and layout of the farm return and the frequency of data transmission

The definitions of variables linked to one or more of the topics set out in Annex -I to Regulation (EC) No 1217/2009, the form and layout of presentation of the data, and the frequency of data transmission, referred to in Article 8(4) of Regulation (EC) No 1217/2009, are laid down in Annex VIII to this Regulation.

Article 11 The methods and deadlines for data transmission to the Commission

1 The farm returns shall be submitted to the Commission by the liaison agency referred to in Article 7 of Regulation (EC) No 1217/2009 via a computerised data system, in accordance with Article 8a of Regulation (EC) No 1217/2009. The required information shall be exchanged electronically on the basis of models made available to the liaison agency via that computerised data system.

2 Member States shall be informed of the general conditions for implementing the computerised system referred to in paragraph 1, at the Committee for the Farm Sustainability Data Network.

3 FSDN tables and variables are set out in Annex IX. Member States shall submit in the farm returns the data referred to in Article 10 from the reporting years 2025 and 2027 in accordance with the timetable set out in Annex IX. For the reporting year 2026, the variables to be submitted shall be the same as for reporting year 2025. With regards to the tables indicated in Annex IX, new FSDN variables laid down in Annex IX shall be submitted for the first time for the reporting year 2025 or 2027. After these reporting years, it shall continue to be submitted each year. However, data required to be submitted for the reporting year 2027 may also be submitted in an earlier year.

4 The farm returns shall be transmitted to the Commission by 15 December, after the end of the reporting year in question. However, Germany may transmit the farm returns to the Commission within 15 weeks after the deadline referred to in the first subparagraph.

5 Farm returns shall be deemed to be delivered to the Commission once the data referred to in Article 10 have been introduced in the computerised data system referred to in paragraph 1, the subsequent computer-based checks have been executed and the liaison agency has confirmed that the data are ready to be loaded into that computerised data system.

Article 12 Extensions of deadlines and exemptions for specific variables

1 For the reporting year 2025, the exemptions from submitting data relating to specific variables referred to in Annex VIII to this Regulation granted to certain Member States, as referred to in Article 8(4), point (d), of Regulation (EC) No 1217/2009, are set out in Annex IX to this Regulation.

2 For the reporting years 2026 and 2027, the Commission may extend the deadline for submitting data on specific variables referred to in Article 11(4), first subparagraph, if the Member State makes a justified request. This request shall be sent to the Commission by the Member State concerned no later than 31 May of the year preceding the reporting year in question.

3 For the reporting years 2026 and 2027, the Commission may exempt Member States from submitting data on specific variables referred to in Annex VIII for a given reporting year if the Member State makes a justified request. This request shall be sent to the Commission by the Member State concerned no later than 31 May of the year preceding the reporting year.

Article 13 Duly completed farm returns

1 For the purposes of Article 19(1), point (a), of Regulation (EC) No 1217/2009, a farm return is duly completed when its content is factually accurate, reliable and verifiable, and the data contained therein are recorded and presented in accordance with the form and layout set out in Annex VIII to this Regulation.

2 By way of derogation from paragraph 1, in order to be considered duly completed, farm returns data during the period for reporting years 2025, 2026 and 2027 shall contain the data of the tables set out in Annex VIII, taking into account the exemptions referred to in Annex IX.

Article 14 Eligible number of farm returns for the payment

1 The total number of duly completed and submitted farm returns per Member State, referred to in Article 5a(2) of Regulation (EC) No 1217/2009, that are eligible for the payment of the amount payable to each Member States shall not exceed the total number of returning holdings laid down for that Member State in Annex II to this Regulation.

2 Where Member States have more than one FSDN division, the number of duly completed and submitted farm returns per FSDN division that are eligible for payment may be up to 20 % higher than the number laid down for the FSDN division concerned in Annex II, provided that the total number of duly completed and submitted farm returns of the Member State concerned shall not be higher than the total number laid down for that Member State in Annex II. However, farm returns from an FSDN division with a higher number of submitted farm returns than laid down for that FSDN division in Annex II shall not be considered to be eligible for the payment in an FSDN division for which less than 80 % of the required number of returning holdings is submitted by the Member State.

Article 15 Payment of the amount

1 The amount payable to each Member State, referred to in Article 19(1), point (a), of Regulation (EC) No 1217/2009, shall be paid in two instalments: (a) a prefinancing payment corresponding to 50 % of the total amount established on the basis of Articles 16 and 17 of this Regulation that shall be made at the beginning of each reporting year; (b) the balance payment shall be paid after the delivered farm returns have been verified and deemed by the Commission to have been duly completed.

2 The amount paid to each Member State shall contribute to any of the following actions: due completion of the farm returns, improvements of data delivery timings, processes, systems, procedures and overall quality of the farm returns.

3 The Commission reserves the right to recover any amounts unduly paid.

Article 16 Amount payable to Member States

1 The amount payable to each Member State, referred to in Article 19(1), point (a), of Regulation (EC) No 1217/2009, shall be fixed at EUR 636 per farm return.

2 If the 80 % thresholds referred to in Article 19(1), point (a), of Regulation (EC) No 1217/2009 are neither met at the level of an FSDN division, nor at the level of the Member State concerned, the reduction referred to in that provision shall be applied only at the Member State level.

Article 17 Amount payable to Member States for reporting years 2025, 2026 and 2027

1 By way of derogation from Article 16(1) of this Regulation, for the reporting years 2025, 2026 and 2027, the amount payable to each Member State referred to in Article 19(1), point (a), of Regulation (EC) No 1217/2009 is the maximum amounts set out in Annex X to this Regulation. This amount consists of: (a) an amount established based on the need for the delivery of the data laid down in the tables A to M in Annex VIII to this Regulation (‘FADN data’) with the exception of the variables listed in Annex IX to this Regulation; (b) an amount established based on the need for improvements of data delivery timings, processes, systems, procedures and overall quality of the farm returns; (c) an amount established based on the need for the delivery of all FSDN data, with the exception of FADN data, in accordance with the exemptions set out in Annex IX to this Regulation.

2 If, for a Member State, the total number of duly completed farm returns delivered within the deadline laid down in Article 11 is lower than the maximum number of returning holdings laid down for that Member State in Annex II, the amounts referred to in paragraph 1, points (a) and (c), shall be reduced proportionately. However, in accordance with Article 19(1), point (a), of Regulation (EC) No 1217/2009, where the total number of duly completed and delivered farm returns in respect of an FSDN division or a Member State is less than 80 % on the returning holdings laid down in Annex II to this Regulation, a reduction shall be applied to the amounts referred to in paragraph 1, points (a) and (c), of this Article.

3 For FSDN data, with the exception of existing FADN data, as referred to in paragraph 1, point (c), if a Member State delivers, as a part of a farm return, a table where data is missing, such farm return shall, by derogation to Article 13(2), be considered as duly completed. However, the amount provided for in paragraph 1, point (c), shall be reduced by EUR 21 per incomplete table, taking into account the exemptions set out in Annex IX.

4 For FADN data referred to in paragraph 1, point (a), if a Member State delivers, as a part of a farm return, a table where data is missing, the amount payable for the farm return containing the incomplete table will not be allocated.

5 If a Member State delivers, for the reporting years 2025 or 2026, as a part of a farm return, a table with data that is only required for the reporting year 2027 in accordance with Annex IX, an additional amount of EUR 21 shall be paid to the Member State for each table delivered in advance. The maximum annual amounts for advance deliveries of data due according to Annex IX for reporting year 2027 are set out in Annex X under the heading ‘Reserve for advance deliveries’. If the total amount resulting from application of the first subparagraph of this paragraph is greater than the maximum amount of the reserve for advance deliveries laid down in Annex X, the amount per table shall be reduced proportionally to ensure that the total amount does not exceed the maximum annual amount laid down in Annex IX.

Article 18 The data to be extracted from the dataset

The data to be extracted from the dataset referred to in Article 4a(1), point (a), of Regulation (EC) No 1217/2009 are laid down in Annex XI to this Regulation.

Article 19 The technical specifications and deadlines for data transmission to the Commission

1 The data shall be submitted to the Commission by the liaison agency referred to in Article 7 of Regulation (EC) No 1217/2009 via a computerised data system, as laid down in Article 8a of Regulation (EC) No 1217/2009. The form and layout of the data are laid down in Annex XI to this Regulation.

2 The Commission shall inform the liaison agencies of the general conditions for implementing the computerised data system referred to in paragraph 1, at the Committee for the Farm Sustainability Data Network.

3 The data in relation to reporting year N shall be transmitted to the Commission by 15 December of the year N+2.

4 The first year of data transmission shall be 2027 in relation to reporting year 2025. However, liaison agencies may transmit data in relation to previous reporting years. The Commission may exempt liaison agencies from submitting data for a given reporting year upon a justified request submitted to the Commission by 31 October of reporting year N+1.

5 Data are deemed to have been delivered to the Commission once these conditions are met: (a) the data referred to in Article 18 have been introduced in the computerised data system referred to in paragraph 1 of this Article; (b) the subsequent computer-based checks have been executed; and (c) the liaison agency has confirmed that the data are ready to be loaded into that computerised data system.

6 The liaison agencies shall provide the data contained in the dataset referred to in Article 4 a(1), point (a), of Regulation (EC) No 1217/2009. The liaison agencies are not required to ensure complete consistency of that data set with the FSDN data submitted to the Commission.

Article 20 The data to be extracted from the dataset

The data to be extracted from the dataset referred to in Article 4a(1), point (b), of Regulation (EC) No 1217/2009 are laid down in Annex XII to this Regulation.

Article 21 The technical specifications and deadlines for data transmission to the Commission

1 The liaison agency referred to in Article 7 of Regulation (EC) No 1217/2009 shall submit the data to the Commission via a computerised data system, as referred to in Article 8a of Regulation (EC) No 1217/2009. The form and layout of the data are laid down in Annex XII to this Regulation.

2 The Commission shall inform the liaison agency of the general conditions for implementing the computerised data system referred to in paragraph 1, at the Committee for the Farm Sustainability Data Network.

3 The data in relation to reporting year N shall be transmitted to the Commission by 15 December of the year N+1.

4 The first year of data transmission shall be 2028 in relation to the reporting year 2027. However, the liaison agencies may transmit data in relation to previous reporting years. The Commission may exempt liaison agencies, as of reporting year 2027 onwards, from submitting data for a given reporting year upon a justified request to be sent by 31 October of reporting year N.

5 Data are deemed to have been delivered to the Commission once these conditions are met: (a) the data referred to in Article 20 have been introduced in the computerised data system referred to in paragraph 1 of this Article; (b) the subsequent computer-based checks have been executed; and (c) the liaison agency has confirmed that the data are ready to be loaded into that computerised data system.

6 The liaison agencies shall provide the data contained in the dataset referred to in Article 4a(1), point (b), of Regulation (EC) No 1217/2009. The liaison agencies are not required to ensure complete consistency of that data set with the FSDN data submitted to the Commission.

Article 22 Computerised data system

The computerised data system, referred to in Article 8a(1) of Regulation (EC) No 1217/2009, established by the Commission, shall ensure the secure exchange of information between the Member States and the Commission. The computerised data system referred to in the first subparagraph shall ensure an information technology security policy applicable to the personnel using the system in accordance with relevant Union rules, in particular Decision (EU, Euratom) 2017/46. Individual data obtained during the implementation of Regulation (EC) No 1217/2009 shall be used in accordance with Articles 16, 16a and 16b of that Regulation.

Article 23 Revision clause

1 Definitions of variables as set out in Annex VIII to this Regulation, financial rules set out in Section 4 of this Regulation, and delivery of data provisions set out in Section 5 of this Regulation shall be revised by the Commission at the latest by 30 September 2027, following the procedure laid down in Article 19b of Regulation (EC) No 1217/2009.

2 The revision referred to in paragraph 1 shall be preceded by the Commission’s analysis of the feasibility of the proposed amendments to this Regulation based, among others, on the input from Member States.

Article 24 Repeal

Commission Implementing Regulation (EU) 2015/220 is repealed with effect from 1 January 2025. However, that Regulation shall continue to apply in respect of the accounting years prior to 2025.

Article 25 Entry into force and application

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from the reporting year 2025.

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