Decisions derogating from certain conditions relating to the greening payment for claim year 2022
Article 1
1. By way of derogation from Article 44(4) of Regulation (EU) No 1307/2013, for claim year 2022, Member States may decide that land lying fallow is considered as a distinct crop even though such land has been grazed or harvested for production purpose or has been cultivated. 2. By way of derogation from Article 45(2) of Delegated Regulation (EU) No 639/2014, for claim year 2022, Member States may decide that land lying fallow is considered as ecological focus area pursuant to Article 46(2), first subparagrah, point (a), of Regulation (EU) No 1307/2013 even though such land has been grazed or harvested for production purpose or has been cultivated. The weighting factor set out for land lying fallow in Annex X to Regulation (EU) No 1307/2013 shall apply. By way of derogation from Article 45(10b) of Delegated Regulation (EU) No 639/2014, where Member States make use of the derogation referred to in the first subparagraph of this paragraph, they may also decide to allow for the use of plant protection products on those areas where grazed or harvested for production purpose or where cultivated.