Article 1
For the purposes of Article 7b(3)(c) of Directive 98/70/EC and Article 17(3)(c) of Directive 2009/28/EC the following criteria and definitions shall apply: (1) ‘grassland’ means terrestrial ecosystems dominated by herbaceous or shrub vegetation for at least 5 years continuously. It includes meadows or pasture that is cropped for hay but excludes land cultivated for other crop production and cropland lying temporarily fallow. It further excludes continuously forested areas as defined in Article 17(4)(b) of Directive 2009/28/EC unless these are agroforestry systems which include land-use systems where trees are managed together with crops or animal production systems in agricultural settings. The dominance of herbaceous or shrub vegetation means that their combined ground cover is larger than the canopy cover of trees; (2) ‘human intervention’ means managed grazing, mowing, cutting, harvesting or burning; (3) ‘natural highly biodiverse grassland’ means grassland that: (a) would remain grassland in the absence of human intervention; and (b) maintains the natural species composition and ecological characteristics and processes; (4) ‘non-natural highly biodiverse grassland’ means grassland that: (a) would cease to be grassland in the absence of human intervention; and (b) is not degraded, that is to say it is not characterised by long-term loss of biodiversity due to for instance overgrazing, mechanical damage to the vegetation, soil erosion or loss of soil quality; and (c) is species-rich, that is to say it is: (i) a habitat of significant importance to critically endangered, endangered or vulnerable species as classified by the International Union for the Conservation of Nature Red List of Threatened Species or other lists with a similar purpose for species or habitats laid down in national legislation or recognised by a competent national authority in the country of origin of the raw material; or (ii) a habitat of significant importance to endemic or restricted-range species; or (iii) a habitat of significant importance to intra-species genetic diversity; or (iv) a habitat of significant importance to globally significant concentrations of migratory species or congregatory species; or (v) a regionally or nationally significant or highly threatened or unique ecosystem.