1. By way of derogation from Article 13(1) of Regulation (EU) 2021/2115, Member States may decide to derogate for claim year 2023 from the application of one or both of the following GAEC standards listed in Annex III to that Regulation as defined by the Member States in their CAP Strategic Plans:
(a)
GAEC 7 ‘Crop rotation in arable land, except for crops growing under water’;
(b)
GAEC 8, the first requirement ‘Minimum share of agricultural area devoted to non-productive areas or features:
—
Minimum share of at least 4 % of arable land at farm level devoted to non-productive areas and features, including land lying fallow.
—
Where a farmer commits to devote at least 7 % of his/her arable land to non-productive areas or features, including land lying fallow, under an enhanced eco-scheme in accordance with Article 31(6), the share to be attributed to compliance with this GAEC standard shall be limited to 3 %.
—
Minimum share of at least 7 % of arable land at farm level if this includes also catch crops or nitrogen fixing crops, cultivated without the use of plant protection products, of which 3 % shall be land lying fallow or non-productive features. Member States should use the weighting factor of 0,3 for catch crops’.
Member States making use of the derogation referred to in point (b) of the first subparagraph shall ensure that it applies exclusively to land lying fallow and does not apply to other non-productive features.
Member States shall ensure that the arable land which will not be devoted to non-productive areas as a result of the derogation referred to in the first subparagraph, in point (b) shall not be used to grow maize, soya beans, or short rotation coppice.
Member States making use of any of the derogations referred to in the first subparagraph shall promote the cultivation of crops for food production.
Member States making use of any of the derogations referred to in the first subparagraph shall promote the eco-schemes and agri-environment-climate measures programmed in their CAP Strategic Plans that have the objective of improving on-farm biodiversity and preserving the soil potential.
2. For the purpose of the eco-schemes referred to in Article 31 of Regulation (EU) 2021/2115 and of the agri-environmental, climate-related and other management commitments referred to in Article 70 of that Regulation, and established by Member States in their CAP Strategic Plans, for claim year 2023, the baselines referred to in Articles 31(5), first subparagraph, point (a), and 70(3), first subparagraph, point (a), of that Regulation with regard to GAEC 7 and the first requirement under GAEC 8, shall remain unchanged by the decisions of the Member State referred to in paragraph 1 of this Article.