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

Update of the progress under the CAP- delegated acts, implementing rules, RDPs

Claudia OLAZABALHead of Unit Unit Agriculture, Forest and SoilDG ENV – European Commission

Legal structure of the new CAP

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Less relevant for environment

Contains Cross Compliance and Farm advisory services +LPIS/IACS

DELEGATED ACTS• DIRECT PAYMENTS REGULATION• http://ec.europa.eu/transparency/regdoc/rep/

3/2014/EN/3-2014-1476-EN-F1-1.Pdf

GREENING MEASURESECOLOGICAL 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 10-30 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 AREASWHAT 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 AREASCOMMISSION 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 betweenthe crowns shall not exceed 5 meters;(d) trees in group, where trees are connected by overlapping crown cover, and fieldcopses of maximum 0.3 ha in both cases;(e) field margins with a width between 1 and 20 meters, on which there shall be noagricultural production;(f) ponds of up to a maximum of 0.1 ha. Reservoirs made of concrete or plasticshall 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 AREASCOMMISSION 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 AREASCOMMISSION DELEGATED REGULATION

Conversion and weighting factors referred to in Article 46(3)*

Features Conversion factor (m/tree to m2)

Weighting factor

Ecological focus area (if both factors are applied)

Land lying fallow (per 1m2) n.a. 1 1 m2

Terraces ( per 1m) 2 1 2 m2

Landscape features:

Hedges/wooded strips (per 1m) 5 2 10 m2

Isolated tree (per tree) 20 1.5 30 m2

Trees in line (per 1m) 5 2 10 m2

Group of trees/Field copses (per 1m2) n.a. 1.5 1.5 m2

Field margin (per 1m) 6 1.5 9 m2

Ponds (per 1m2) n.a. 1.5 1.5 m2

Ditches (per 1m) 3 2 6 m2

Traditional stone walls (per 1m) 1 1 1 m2

Other features not listed above but protected under GAEC7, SMR 2 or SMR 3 (per 1m2)

n.a. 1 1 m2

Buffer strips (per 1m) 6 1.5 9 m2

Hectares of agro-forestry (per 1m2) n.a. 1 1 m2

Strips of eligible hectares along forest edges (per 1m) Without production

With production

6 6

1.5 0.3

9 m2

1.8 m2

Areas with short rotation coppice (per1m2) n.a. 0.3 0.3 m2

Afforested areas as referred to in Article 32(2)(b)(ii) (per m2)

n.a. 1 1 m2

Areas with catch crops or green cover (per 1m2) n.a. 0.3 0.3m2

Areas with nitrogen fixing crops (per 1m2) n.a. 0.3 0.3 m2

• 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 areaBy 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

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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