Commission Delegated Regulation (EU) 2024/1417 of 13 March 2024 supplementing Council Regulation (EC) No 1217/2009 setting up the Farm Sustainability Data Network with rules for annual income determination, holding sustainability analysis and access to data for research purposes, and repealing Commission Delegated Regulation (EU) No 1198/2014
Subject matter
This Regulation lays down rules supplementing certain non-essential elements of Regulation (EC) No 1217/2009 for the purpose of an annual determination of incomes and the analysis of the sustainability of holdings by means of the Farm Sustainability Data Network (FSDN). Those rules relate to:
(a)
the threshold referred to in Article 5(1) of Regulation (EC) No 1217/2009;
(b)
the plan referred to in Article 5a(1) of Regulation (EC) No 1217/2009;
(c)
the reference period referred to in Article 5b(2) of Regulation (EC) No 1217/2009;
(d)
the types of farming referred to in Article 5b(3) of Regulation (EC) No 1217/2009;
(e)
the access to pseudonymised data referred to in Article 16(3) of Regulation (EC) No 1217/2009.
Threshold
The threshold referred to in Article 5(1) of Regulation (EC) No 1217/2009 shall ensure that the field of survey represents the largest possible share of agricultural output, agricultural area and farm labour, of holdings run with a market orientation.
Selection plan
The plan for the selection of returning holdings to be drawn up by each Member State as referred to in Article 5a(1) of Regulation (EC) No 1217/2009, shall include elements to ensure that a representative reporting sample of the field of survey is obtained. In particular, the plan shall, at least:
(a)
be based on the most recent statistical reference sources;
(b)
explain the procedure for stratifying the field of survey in accordance with the divisions listed in Annex I to Regulation (EC) No 1217/2009 as well as in accordance with the types of farming and economic size classes as referred to in Article 5b(1) of that Regulation;
(c)
provide a breakdown of holdings in the field of survey by types of farming and economic size classes as referred to in Article 5b(1) of Regulation (EC) No 1217/2009 which corresponds at least to the principal types;
(d)
indicate the statistical methods for determining the selection rate chosen for each stratum, the procedures for the selection of returning holdings, and the number of returning holdings to be selected for each of the strata adopted.
Reference period for the standard output
For the purposes of calculating standard outputs for the Union integrated farm statistics surveys for year N, as referred to in Article 5b(2) of Regulation (EC) No 1217/2009, the reference period consists of the five successive years from year N-5 to year N-1.
The standard outputs shall be determined using average basic data calculated over the reference period laid down in the first paragraph and commonly referred to as ‘N-3 standard outputs’. These N-3 standard outputs shall be updated to take account of economic trends at least each time a Union integrated farm statistics survey is carried out.
General and principal types of farming
The general and principal types of farming and the correspondence between them, referred to in Article 5b(3) of Regulation (EC) No 1217/2009, are specified in Annex I to this Regulation.
Granting access to pseudonymised data for research purposes
The rules and conditions for the Commission to grant access at Union level to pseudonymised data for research purposes referred to in Article 16(3) of Regulation (EC) No 1217/2009 are set out in Annex II to this Regulation.
Repeal
Delegated Regulation (EU) No 1198/2014 is repealed with effect from 1 January 2025.
However, the Regulation referred to in the first paragraph shall continue to apply, for the FSDN to reporting years preceding the reporting year 2025 and, for the Union integrated farm statistics surveys, until the 2023 survey.
Entry into force and application
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union .
It shall apply from the reporting year 2025 for the FSDN and for the Union integrated farm statistics surveys as of the 2026 survey.
Supplementary provisions
General and principal types of farming and correspondence between them referred to in Article 5
ANNEX ISupplementary provisions
ANNEX I
General and principal types of farming and correspondence between them referred to in Article 5
General type of farming
Description
Principal type of farming
Description
1
Specialist field crops
15
Specialist cereals, oilseeds and protein crops
16
General field cropping
2
Specialist horticulture
21
Specialist horticulture indoor
22
Specialist horticulture outdoor
23
Other horticulture
3
Specialist permanent crops
35
Specialist vineyards
36
Specialist fruit and citrus fruit
37
Specialist olives
38
Various permanent crops combined
4
Specialist grazing livestock
45
Specialist dairying
46
Specialist cattle – rearing and fattening
47
Cattle – dairying, rearing and fattening combined
48
Sheep, goats and other grazing livestock
5
Specialist granivores
51
Specialist pigs
52
Specialist poultry
53
Various granivores combined
6
Mixed cropping
61
Mixed cropping
7
Mixed livestock holdings
73
Mixed livestock, mainly grazing livestock
74
Mixed livestock, mainly granivores
8
Mixed crops – livestock
83
Field crops – grazing livestock combined
84
Various crops and livestock combined
9
Non-classified holdings
99
Non-classified holdings
Granting access to pseudonymised data for research purposes referred to in Article 6
ANNEX IISupplementary provisions
ANNEX II
Granting access to pseudonymised data for research purposes referred to in Article 6
1. General principles
The Commission may grant access for research purposes to pseudonymised data held by the Commission for the purposes referred to in Article 1 of Regulation (EC) No 1217/2009, provided that the following conditions are satisfied:
(a)
the research data use complies with the purposes referred to in Article 1 of Regulation (EC) No 1217/2009;
(b)
the research data access, use and handling respect the protection of the pseudonymised data and the individual data from which these were derived, as required by Articles 16 and 16a of Regulation (EC) No 1217/2009, and by the provisions of Regulations (EU) 2016/679 and (EU) 2018/1725;
(c)
access shall be given only to data that are strictly necessary for the purposes of the research in question;
(d)
the entity requesting access to the data is recognised in the field of research, studies or analysis;
(e)
the data are required for a project of public interest the results of which be made publicly available;
(f)
the physical, technical and administrative security measures to protect the pseudonymised data are adequate for the protection of the requested pseudonymised data. The proposed measures shall be specified by the requesting entity;
(g)
the pseudonymised data are only used for the authorised time period. Any extension of the use of the data shall require authorisation by the Commission;
(h)
a pseudonymised data access request is presented to the Commission, demonstrating the compliance of the proposed research data access and use with the conditions listed in points (a) to (g).
In granting access, the Commission shall respect the principles of subsidiarity, proportionality and precaution as relevant in this context, in accordance with Articles 16 and 16a of Regulation (EC) No 1217/2009 and the provisions of Regulations (EU) 2016/679 and (EU) 2018/1725:
—
Subsidiarity principle: the data use should be relevant for the Union dimension or for several Member States. In case a request is related to a single country, the request should be submitted to the relevant Member State,
—
Proportionality principle: access is granted only in time and scope strictly necessary for the analysis,
—
Precautionary principle: risks of data misuse are minimised.
2. Request for pseudonymised data access
The data access request for a research purpose shall indicate:
(a)
the individual or the entity requesting access;
(b)
the location of the requesting individual or entity, indicating if within or outside the territory of the Union;
(c)
the legitimate purpose of the research, its financing source and the ownership of the research results;
(d)
the explanation of why this purpose requires the use of the requested pseudonymised data and why this purpose cannot be achieved by using anonymous data;
(e)
how the data access, handling and use complies with the data purpose and with data safeguards required by Regulation (EC) No 1217/2009 as well as the general principles mentioned in point 1. The requesting individual or entity should indicate the risks they identify and the mitigating action that they plan to put in place;
(f)
the individuals who will have access to the data;
(g)
the access facilities to be used;
(h)
the data sets to be accessed, the methods of analysing them;
(i)
the period of data access;
(j)
the intended results of the research to be published or otherwise disseminated; and
(k)
any other information relevant for the request justification.
The access request shall be accompanied by individual confidentiality declarations signed by all individuals who will have access to the data.
The Commission shall assess whether the request complies with the general principles mentioned in point 1 and decide whether to approve or reject the request. If compliant with Regulation (EC) No 1217/2009, the requests may be approved. The request shall be rejected if the intended use of the pseudonymised data does not comply with Regulations (EU) 2016/679 and (EU) 2018/1725 or, in any case, does not guarantee equivalent protection in the event of international transfers.
In assessing the access request, the Commission shall also take into account the need for the protection of individual data and, in particular, the compliance with the rules for data transfers to recipients located outside the territory of the Union as set out in Chapter V of Regulation (EU) 2016/679 and Chapter V of Regulation (EU) 2018/1725.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
