Commission Implementing Regulation (EU) 2024/2499 of 26 September 2024 laying down rules for the application of Council Regulation (EC) No 1217/2009 as regards the financial contributions to Member States’ implementation costs when setting up the Farm Sustainability Data Network

• CELEX: Implementing Regulation (EU) 2024/2499
• Articles: 8

Article 1 Available budget and maximum financial allocation per Member State

1.   The total available amount provided by the European Agricultural Guarantee Fund (EAGF), under direct management expenditure as referred to in Article 5(3), point (c), of Regulation (EU) 2021/2116 of the European Parliament and the Council  ( 4 ) , to finance in 2024 the financial contributions referred to in Article 19(2) of Regulation (EC) No 1217/2009 shall be EUR 50 million.

2.   The Union financial contributions referred to in Article 19(2) of Regulation (EC) No 1217/2009 are allocated to Member States as set out in the Annex to this Regulation and shall be limited to the amounts provided therein.

Article 2 Single lump sums

The Union financial contributions referred to in Article 19(2) of Regulation (EC) No 1217/2009 shall take the form of single lump sum contributions covering eligible costs associated with the setting up of the Farm Sustainability Data Network (FSDN) in the Member States, as referred to in Article 3 of this Regulation, and shall not exceed the maximum amount per Member State referred to in Article 1(2) of this Regulation.

Article 3 Eligible activities and costs

1.   The lump sum contributions referred to in Article 2 of this Regulation may cover eligible costs linked to one or more of the following categories of activity:

(a)

developing the Member States’ computerised data collection, data checking, data processing and data reporting system to meet the requirements of Regulation (EC) No 1217/2009 and which shall be operational by 31 December 2027;

(b)

building Member States’ capacity for using the data sources and for linking the data sets referred to in Article 4(2) and in Article 4a(1) of Regulation (EC) No 1217/2009 respectively, including costs related to cooperation between liaison agencies;

(c)

developing methodologies and innovative approaches, including digitally-based solutions, to adapt the Member States’ computerised data collection, data checking, data processing and data reporting system providing feedback reports and benchmark services for farmers to the requirements of Regulation (EC) No 1217/2009;

(d)

recruiting and training experts, in particular in the liaison agencies, to align the human resource capacity to the increased demands of the FSDN, including travel and subsistence allowances;

(e)

incentivising farmers to participate in the FSDN, including by raising their awareness to the benefits of participating in the data network.

2.   The Union financial contribution per Member State shall not exceed 95 % of the eligible costs estimated by the Member State.

3.   Eligible costs may include both direct and indirect costs.

4.   Indirect costs shall be calculated by applying a maximum flat rate of 7 % of the total eligible direct costs, excluding subcontracting costs.

5.   Salary costs of the personnel of national administrations are eligible, to the extent that they relate to the cost of activities referred to in paragraph 1 which the relevant public authority would not carry out if the setting up of the FSDN was not undertaken.

6.   Costs funded under other Union actions are not eligible.

Article 4 Procedure for establishing the lump sum contributions

1.   Each Member State shall submit a proposal to the Commission setting out the amount of the requested lump sum contribution based on their estimated budget necessary for setting up the FSDN. The proposal shall include a breakdown of the estimated costs showing the share per category of activity referred to in Article 3(1). The proposal shall also describe the activities covered by each category and the related resources.

2.   The detailed cost estimation per category referred to in paragraph 1 of this Article shall include only costs that are:

(a)

incurred between 1 January 2024 and 31 December 2027;

(b)

necessary for the activities referred to in Article 3(1);

(c)

in line with the Member State’s usual cost practices;

(d)

compliant with the applicable national law on taxes, labour and social security;

(e)

compliant with the principle of sound financial management, in particular regarding economy and efficiency.

3.   The estimated eligible costs shall be broken down by the following budget categories:

(a)

personnel costs;

(b)

subcontracting costs;

(c)

purchase costs;

(d)

other cost categories;

(e)

indirect costs.

4.   Member States shall draft their proposal using the relevant template provided by the Commission and submit it within one month after the entry into force of this Regulation and in any case no later than 4 November 2024, whichever occurs first.

5.   The Commission shall assess the estimated budget proposed by the Member States against the activities proposed by them. Ineligible costs will be removed and the Union contribution may be adjusted by the Commission as deemed appropriate.

Article 5 Implementation reports

1.   Member States shall provide the Commission with the following implementation reports:

(a)

an interim report submitted no later than 31 March 2026;

(b)

a final report submitted no later than 31 March 2028.

By way of derogation from the first subparagraph, Germany may submit the implementation reports to the Commission within 15 weeks after the respective deadlines referred to in the first subparagraph.

2.   The implementation reports shall contain a description of the activities, as referred to in Article 3(1), carried out:

(a)

from 1 January 2024 to 31 December 2025, for the interim report referred to in paragraph 1, point (a);

(b)

from 1 January 2024 to 31 December 2027, for the final report referred to in paragraph 1, point (b).

The final report mentioned in paragraph (1), point (b), shall demonstrate the operational setting up of the FSDN, addressing how the activities described in the proposal, referred to in Article 4(1), or any relevant alternative activities, contributed to the setting up of the FSDN.

3.   Member States shall submit their implementation reports by using the relevant template provided by the Commission.

Article 6 Payments

1.   Upon approval of the Member State’s proposal by the Commission, a pre-financing payment of 100 % of the approved single lump sum contribution shall be paid to the Member State.

2.   The pre-financing payment shall be cleared at the moment of the final payment only if the Commission is satisfied with the operational setting up of the FSDN by the Member State and approves the final implementation report demonstrating the operational setting up of the FSDN.

3.   The Commission may, at the moment of the final payment or afterwards, reduce the financial contribution for a Member State if the Member State has breached its obligations under this Regulation, including improper implementation, non-compliance with eligibility conditions, submission of false information, failure to provide required information, substantial errors, irregularities or fraud.

4.   The amount of the reduction shall be proportionate to the seriousness and duration of the errors, irregularities or fraud or breach of obligations, by applying an individual reduction rate to the approved Union financial contribution. The Commission reserves the right to recover any amounts unduly paid.

Article 7 Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

Member States’ maximum allocations for setting up the Farm Sustainability Data Network as referred to in Article 1

EUR (current prices)

Belgium

1 056 000

Bulgaria

1 092 568

Czechia

1 033 904

Denmark

1 196 202

Germany

4 513 608

Estonia

655 304

Ireland

1 143 549

Greece

2 188 568

Spain

4 979 273

France

5 963 231

Croatia

995 604

Italy

5 034 307

Cyprus

663 014

Latvia

786 887

Lithuania

951 572

Luxembourg

611 660

Hungary

1 436 663

Malta

607 896

Netherlands

2 178 215

Austria

1 138 913

Poland

4 269 601

Portugal

1 567 936

Romania

2 577 741

Slovenia

801 960

Slovakia

762 344

Finland

854 106

Sweden

939 374