Legal provisions of COM(2024)139 - Amendment of Regulations (EU) 2021/2115 and (EU) 2021/2116 as regards good agricultural and environmental condition standards, schemes for climate, environment and animal welfare, amendments to CAP Strategic Plans, review of CAP Strategic Plans and exemptions from controls and penalties

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dossier COM(2024)139 - Amendment of Regulations (EU) 2021/2115 and (EU) 2021/2116 as regards good agricultural and environmental condition ...
document COM(2024)139 EN
date May 14, 2024


Article 1

Amendments to Regulation (EU) 2021/2115

Regulation (EU) 2021/2115 is amended as follows:

(1)Article 4 is amended as follows:

(a)in paragraph 3, point (a) is replaced by the following:

‘(a)“arable land” shall be land cultivated for crop production or areas available for crop production but lying fallow; in addition, it shall, for the duration of the commitment, be land cultivated for crop production or areas available for crop production but lying fallow that have been set aside in accordance with Article 31 or Article 70 of this Regulation, or with Articles 22, 23 or 24 of Council Regulation (EC) No 1257/1999 (*1), or with Article 39 of Council Regulation (EC) No 1698/2005 (*2), or with Article 28 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council (*3);

(*1)  Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ L 160, 26.6.1999, p. 80, ELI: http://data.europa.eu/eli/reg/1999/1257/oj)."

(*2)  Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p. 1, ELI: http://data.europa.eu/eli/reg/2005/1698/oj)."

(*3)  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487, ELI: http://data.europa.eu/eli/reg/2013/1305/oj).’;"

(b)in paragraph 4, first subparagraph, point (b) is replaced by the following:

‘(b)any area of the holding which is:

(i)covered by landscape features subject to the retention obligation under GAEC standard 8 listed in Annex III; or

(ii)for the duration of the relevant commitment by the farmer, established or maintained as a result of an eco-scheme referred to in Article 31.

If Member States so decide, “eligible hectare” may contain other landscape features, provided they are not predominant and do not significantly hamper the performance of the agricultural activity due to the area they occupy on the agricultural parcel. In implementing that principle, Member States may set a maximum share of the agricultural parcel covered by those other landscape features.

As regards permanent grassland with scattered ineligible features, Member States may decide to apply fixed reduction coefficients to determine the area considered eligible;’;

(2)Article 13 is amended as follows:

(a)in paragraph 1,the following subparagraph is added:

‘In setting the GAEC standards 5, 6, 7 or 9 listed in Annex III, Member States may establish specific exemptions from the requirements of those standards. Those exemptions shall be based on objective and non-discriminatory criteria, such as crops, soil types and farming systems or damage to permanent grasslands due, inter alia, to wild animals or invasive species, and shall be limited in terms of their area coverage. Specific exemptions shall be established only in the event, and to the extent, that they are necessary to address specific problems in the application of those standards and shall not significantly hamper the contribution of each of those standards to their main objectives, as listed in Annex III.’;

(b)the following paragraph is inserted:

‘2a.   When implementing the minimum standards set in accordance with paragraphs 1 and 2, Member States may grant temporary derogations from requirements such as time limits and periods set in those standards where weather conditions prevent farmers and other beneficiaries from complying with those requirements in a given year. Such temporary derogations shall be limited in their scope to farmers and other beneficiaries or areas affected by such weather conditions and shall be applied only for as long as they are strictly necessary.’;

(3)in Article 31, the following paragraph is inserted:

‘1a.   As a part of the eco-schemes referred to in paragraph 1, Member States shall establish and provide support for one or more schemes covering, on arable land, practices for the maintenance of non-productive areas, such as land lying fallow, and for the establishment of new landscape features. Those schemes shall be voluntary for active farmers and groups of active farmers.’;

(4)in Article 119, paragraph 7, the first subparagraph is replaced by the following:

‘A request for amendment of the CAP Strategic Plan may be submitted twice per calendar year, subject to possible exceptions provided for in this Regulation or to be determined by the Commission in accordance with Article 122. In addition, three further requests for amendment of the CAP Strategic Plan may be submitted during the duration of the CAP Strategic Plan period. This paragraph shall not apply to requests for amendments to submit the missing elements in accordance with Article 118(5).’;

(5)in Article 120, the following paragraph is added:

‘The first paragraph of this Article shall not apply to amendments, entering into force after 31 December 2025, to legislative acts listed in Annex XIII.’;

(6)Annex III is amended in accordance with the Annex to this Regulation.

Article 2

Amendments to Regulation (EU) 2021/2116

Regulation (EU) 2021/2116 is amended as follows:

(1)Article 83 is amended as follows:

(a)paragraph 2 is replaced by the following:

‘2.   Farmers with a maximum size of holding not exceeding 10 ha of agricultural area declared in accordance with Article 69(1) shall be exempted from controls under a system set up in accordance with paragraph 1 of this Article.’;

(b)in paragraph 6, point (f) is deleted;

(2)in Article 84, the following paragraph is added:

‘4.   Farmers with a maximum size of holding not exceeding 10 ha of agricultural area declared in accordance with Article 69(1) shall be exempted from the penalties referred to in paragraphs 1, 2 and 3 of this Article and in Article 85;’;

(3)in Article 104(1), second subparagraph, point (a), point (iv) is replaced by the following:

‘(iv)as regards the EAFRD, in relation to expenditure incurred by the beneficiaries and payments made by the paying agency in the framework of the implementation of rural development programmes pursuant to Regulation (EU) No 1305/2013, with the exception of Articles 96 and 97 of Regulation (EU) No 1306/2013 as regards beneficiaries who are subject to the system of control referred to in Article 83 of this Regulation;’.

Article 3

Transitional provisions

1. By way of derogation from Article 119(8), third subparagraph, of Regulation (EU) 2021/2115, the date of effect of amendments of CAP Strategic Plans related to changes to GAEC standards 6, 7 or 8 laid down in the Annex to this Regulation, submitted by Member States to the Commission for approval pursuant to Article 119(2) of that Regulation with respect to claim year 2024 shall not be subject to Commission approval.

2. By way of derogation from Article 119(11) of Regulation (EU) 2021/2115, Member States may decide for claim year 2024 that amendments to CAP Strategic Plans related to the changes to GAEC standards 6, 7 or 8 laid down in the Annex to this Regulation have legal effect before their approval by the Commission. With respect to GAEC standard 8 , the Member States may take that decision only if they apply for the claim year 2024 a scheme covering, on arable land, practices for the maintenance of non-productive areas, such as land lying fallow, or for the establishment of new landscape features, as referred to in Article 31 of Regulation (EU) 2021/2115.

In taking the decision referred to in the first subparagraph, Member States shall ensure that the general principles of Union law, in particular the principles of legal certainty, of non-discrimination and of the protection of the legitimate expectations of farmers and other beneficiaries, are respected and that the need for farmers and other beneficiaries to have sufficient time to comply with the amendments is taken into account.

Article 4

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.

Article 2, points (2) and (3), and the Annex shall apply as from claim year 2024.

This Regulation shall be binding in its entirety and directly applicable in all Member States.