Update of the progress under the CAP- delegated acts, implementing rules, RDPs Claudia OLAZABAL Head of Unit Unit Agriculture, Forest and Soil DG ENV – European Commission

Legal structure of the new CAP 2 Less relevant for environment Contains Cross Compliance and Farm advisory services +LPIS/IACS

DELEGATED ACTS DIRECT PAYMENTS REGULATION 014/EN/ EN-F1-1.Pdf

GREENING MEASURES ECOLOGICAL FOCUS AREAS Where the arable land is more than 15 ha- at least 5% of the arable land of the holding is ecological focus area - EXCEPTIONS PERMANENT GRASSLANDS MS MUST designate environmetally sensitive grasslands in Natura 2000 areas MS CAN designate environmetally sensitive grasslands outside of Natura 2000 areas Ratio of permanent grasslands does not decrease by more than 5% CROP DIVERSIFICATION For arable land between hectares there shall be at least 2 different crops. The main crop shall not cover more than 75% of that arable land- EXCEPTIONS 30%

ECOLOGICAL FOCUS AREAS WHAT ARE THOSE? BASIC LEGAL TEXT- REGULATION ON DIRECT PAYMENTS 1307/2013 (a) land lying fallow; (b) terraces; (c) landscape features, including such features adjacent to the arable land of the holding which may include landscape features that are not included in the eligible area; (d) buffer strips, including buffer strips covered by permanent grassland, provided that these are distinct from adjacent eligible agricultural area; (e) hectares of agro-forestry that receive, or have received, support (g) areas with short rotation coppice with no use of mineral fertiliser and/or plant protection products; (h) afforested areas referred to in point (b)(ii) of Article 32(2) of this Regulation; (i) areas with catch crops, or green cover established by the planting and germination of seeds; (j) areas with nitrogen-fixing crops

ECOLOGICAL FOCUS AREAS COMMISSION DELEGATED REGULATION (a) land lying fallow- no production (b) terraces- under GAEC or other terraces (c) landscape features- shall be those protected under GAEC 7, SMR 2 or SMR 3 : (a) hedges or wooded strips with a width of up to 10 meters; (b) isolated trees with a crown diameter of minimum 4 meters; (c) trees in line with a crown diameter of minimum 4 meters. The space between the crowns shall not exceed 5 meters; (d) trees in group, where trees are connected by overlapping crown cover, and field copses of maximum 0.3 ha in both cases; (e) field margins with a width between 1 and 20 meters, on which there shall be no agricultural production; (f) ponds of up to a maximum of 0.1 ha. Reservoirs made of concrete or plastic shall not be considered ecological focus area; (g) ditches with a maximum width of 6 meters, including open watercourses for the purpose of irrigation or drainage. Channels with walls of concrete shall not be considered ecological focus area. (h) traditional stone walls. MS decide additional criteria

ECOLOGICAL FOCUS AREAS COMMISSION DELEGATED REGULATION (d) buffer strips, shall include the buffer strips required under law as well as other buffer strips. The minimum width shall be established by MS, but it shall not be below 1 meter, located on or adjacent to an arable field parallel to the edge of a water, may include riparian vegetation, no agricultural production but MS may allow grazing or cutting (e) hectares of agro-forestry that receive, or have received, support – for strips of eligible hectares along forest edges MS decide if agricultural production or NOT. (g) areas with short rotation coppice with no use of mineral fertiliser and/or plant protection products; MS shall establish a list of species that can be used, most suitable from an ecological perspective, no species that are clearly not indigenous. MS decide as regards the use of mineral fertilisers and pesticides keeping in mind the objective of ecological focus areas in particular to safeguard and improve biodiversity. (h) afforested areas referred to in point (b)(ii) of Article 32(2) of this Regulation; (i) areas with catch crops, or green cover such areas required under the law as well as other but must be a mixture of crop species or by under-sowing grass in the main crop. MS shall set up the list of mixtures of crop species to be used and the period and may establish additional conditions notably with regard to production methods. (j) areas with nitrogen-fixing crops only those in a list established by MS, consider to contributing to the objective of improving biodiversity. MS establish rules on where to grow and establish additional conditions notably with regard to production methods

ECOLOGICAL FOCUS AREAS COMMISSION DELEGATED REGULATION

Criteria designation of environmentally sensitive permanent grassland outside Natura 2000 (a) covering organic soils with a high percentage of organic carbon, eg peatland or wetlands; (b) hosting habitats -Annex I HB or protected under national legislation; (c) hosting plant species - Annex II to HB or protected under national legislation; (d) being of significant importance for wild bird species listed in Annex I BD; (e) being of significant importance for wild animal species protected under HB or protected under national legislation; (f) covering permanent grassland of high nature value as defined by objective criteria by MS; (g) covering soils with a high risk of erosion; (h) being located in a sensitive area designated within the RBMP pursuant to WFD. Member States may decide every year to add new designated areas and shall inform the farmers concerned of that decision in due time. PERMANENT GRASSLANDS MS MUST designate environmetally sensitive grasslands in Natura 2000 areas MS CAN designate environmetally sensitive grasslands outside of Natura 2000 areas Ratio of permanent grasslands does not decrease by more than 5%

COMMISSION DELEGATED REGULATIONArticle 44 Maintenance of the ratio of permanent grassland 1. Member States may provide for the individual obligation of farmers not to convert areas of permanent grassland without prior individual authorisation. PERMANENT GRASSLANDS MS MUST designate environmetally sensitive grasslands in Natura 2000 areas MS CAN designate environmetally sensitive grasslands outside of Natura 2000 areas Ratio of permanent grasslands does not decrease by more than 5%

MANY CHOICES TO BE MADE BY MS  Whether to include in the EFA landscape features and buffer strips which are not obligatory  criteria to include other terraces  whether the MS allows agricultural production or has opted for the requirement of no agricultural production on strips of eligible hectare along forest hedges  the list of species that can be used for short rotation coppice as well as the species and the requirements as regards the use of mineral fertilisers and pesticides  the list of mixture crops species and the period for the sowing and the condition notably as regards production methods  the list of nitrogen fixing crops considered as contributing of improving biodiversity and the condition notably as regards production methods  Whether a permit is required to plough permanent grasslands when there is a negative trend

By 1 August 2014: -Decision on types of EFA selected -Information on the use of weighting factors By 1 October 2014: -Detailed information on EFA decision including the conditions applying on those area By 1 august of 2014 or following years(2015, 2016,…): -detailed information on implementation of regional and collective EFA By 15 december of each year: -number of ha/farmers subject to EFA, broken down by EFA type -number of ha/farmers implementing EFA at regional or collective level Timing for the notification of EFA BY WHEN THESE CHOICES AND RESULTS NEED TO NOTIFIED

13 Timing for the notification of Environmentaly Sensitive Grassland - No formal notification requirement on the condition of designation of the compulsory ESG in Natura 2000 By 15 december 2014 : -Decision to extent designation of environmentally sensitive grassland outside Natura 2000 By 15 december of one of the following years (2015, 2016,…): -Addition of environmentally sensitive grassland outside Natura 2000 By 15 december of each year: -Number of ha/farmers designated as environmentally sensitive grassland BY WHEN THESE CHOICES AND RESULTS NEED TO NOTIFIED