Aid for disadvantages related to Natura 2000 areas
1. Aid for disadvantages related to Natura 2000 agricultural areas shall be compatible with the internal market within the meaning of Article 107(3), point (c), of the Treaty and shall be exempted from the notification requirement of Article 108(3) thereof where it fulfils the conditions laid down in this Article and in Chapter I of this Regulation.
2. The aid shall be granted annually and per hectare of agricultural land in order to compensate beneficiaries for additional costs and income foregone, resulting from disadvantages in the agricultural areas directly impacted by the implementation of Directive 92/43/EEC and Directive 2009/147/EC.
3. Aid shall only be granted in relation to disadvantages resulting from requirements that go beyond the relevant Good Agricultural and Environmental Conditions (‘GAEC’) standards established under Title III, Chapter I, Section 2 of Regulation (EU) 2021/2115 as well as the conditions established for the maintenance of the agricultural area in accordance with Article 4(1), point (a) of Regulation (EU) 2021/2115.
4. Aid shall be paid only in relation to the following agricultural areas:
(a)
Natura 2000 agricultural areas;
(b)
other delimited nature protection areas with environmental restrictions applicable to farming, which contribute to the implementation of Article 10 of Directive 92/43/EEC; these areas shall not exceed 5 % of the designated Natura 2000 areas covered by the territorial scope of the relevant CAP Strategic Plan.
5. The aid intensity shall be limited to 100 % of the costs referred to in paragraph 2 and shall not exceed EUR 500 per hectare per year in the initial period of maximum five years and EUR 200 per hectare per year thereafter.
Aid for agri-environmental-climate commitments
1. Aid for agri-environmental-climate commitments shall be compatible with the internal market within the meaning of Article 107(3), point (c), of the Treaty and shall be exempted from the notification requirement of Article 108(3) thereof where it fulfils the conditions laid down in this Article and in Chapter I of this Regulation.
2. The aid may be granted to all undertakings and groups of such undertakings which undertake, on a voluntary basis, to carry out operations consisting of one or more of the commitments referred to in paragraph 1 with a view to preserving and promoting the necessary changes to agricultural practices that make a positive contribution to the environment and climate.
3. Member States shall provide aid only for commitments which go beyond:
(a)
the relevant statutory management requirements and GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115;
(b)
the relevant minimum requirements for the use of fertiliser and plant protection products as well as other relevant mandatory requirements established by national and Union law;
(c)
the conditions established for the maintenance of the agricultural area in accordance with Article 4(2), point (b) of Regulation (EU) 2021/2115.
4. All mandatory standards and requirements referred to in paragraph 3 shall be identified and described in the national legal basis.
5. For commitments referred to in paragraph 3, point (b), where national law imposes new requirements which go beyond the corresponding minimum requirements laid down in Union law, aid may be granted for commitments contributing to compliance with those requirements for a maximum of 24 months from the date on which they become mandatory for the holding.
6. Member States shall ensure that the undertakings receiving aid under this Article have access to the relevant knowledge and information required to implement such operations, and that appropriate training is made available for those who require it, as well as access to expertise in order to assist farmers who commit to change their production systems.
7. Commitments under this Article shall be undertaken for a period of five to seven years. However, where necessary in order to achieve or maintain the environmental benefits sought, Member States may determine a longer period for particular types of commitments, including by means of providing for their annual extension after the termination of the initial period. For commitments for the conservation, sustainable use and development of genetic resources, for new commitments directly following the commitment performed in the initial period or in other duly justified cases, Member States may determine a shorter period of at least one year.
8. Aid for agri-environmental-climate commitments to beneficiaries other than undertakings active in the agricultural sector may be granted under Section 7.
9. Commitments to extensify livestock farming shall comply with at least the following conditions:
(a)
the whole grazed area of the holding shall be managed and maintained to avoid over- and under-grazing;
(b)
livestock density shall be defined taking account of all grazing livestock kept on the farm or, in the case of a commitment to limit nutrient leaching, all animals kept on the farm which are relevant to the commitment in question.
10. Aid may cover collective schemes and result-based payments schemes, such as carbon farming schemes, to encourage farmers to deliver a significant enhancement of the quality of the environment at a larger scale or in a measurable way. Result-based carbon farming schemes shall ensure that quality criteria regarding quantification, additionality, long-term storage and sustainability are complied with, also taking into account the Communication on Sustainable Carbon Cycles ( 45 ) as regards the certification of carbon removals.
11. For commitments undertaken pursuant to this Article, the Member State shall provide a revision clause in order to ensure their adjustment in the case of amendments to the relevant mandatory requirements, standards and conditions referred to in paragraphs 3, 4 and 9.
12. The aid shall be granted annually in order to compensate for all or part of the additional costs and income foregone, resulting from the agri-environmental-climate commitments.
13. No aid under this Article shall be granted for commitments that fall within the scope of Article 35.
14. Aid shall be paid per hectare.
15. The aid shall be limited to 100 % of the eligible costs and shall not exceed EUR 600 per hectare per year for annual crops, EUR 900 per hectare per year for specialised perennial crops and EUR 450 per hectare per year for other land uses.
Aid for organic farming
1. Aid for organic farming shall be compatible with the internal market within the meaning of Article 107(3), point (c), of the Treaty and shall be exempted from the notification requirement of Article 108(3) thereof where it fulfils the conditions laid down in this Article and in Chapter I of this Regulation.
2. Aid may be granted to all undertakings or groups of undertakings which undertake on a voluntarily basis to convert to or maintain organic farming practices and methods as defined in Regulation (EU) 2018/848.
3. Member States shall provide aid only for commitments which go beyond:
(a)
the relevant statutory management requirements and GAEC standards established under Title III, Chapter I, Section 2, of Regulation (EU) 2021/2115;
(b)
the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, and other relevant mandatory requirements established by national and Union law;
(c)
the conditions established for the maintenance of the agricultural area in accordance with Article 4(2) of Regulation (EU) 2021/2115.
4. All such mandatory standards and requirements shall be identified and described in the national legal basis.
5. For commitments referred to in paragraph 3, point (b), where national law imposes new requirements which go beyond the corresponding minimum requirements laid down in Union law, aid may be granted for commitments contributing to compliance with those requirements for a maximum of 24 months from the date on which they become mandatory for the holding.
6. Commitments referred to in paragraph 3 shall be carried out over an initial period of five to seven years. In order to achieve or maintain certain environmental benefits sought, Member States may determine a longer period, including by providing for an annual extension after the termination of the initial period. Where aid is granted for conversion to organic farming Member States may determine a shorter period of at least one year. With regard to new commitments concerning maintenance directly following the commitment completed in the initial period, Member States may determine a shorter period of at least one year.
7. Member States shall ensure that the undertakings carrying out operations under this Article have access to the relevant knowledge and information required to implement such operations, and that appropriate training is made available for those who require it, as well as access to expertise in order to assist farmers who commit to change their production systems.
8. For commitments undertaken pursuant to this Article, the Member State shall provide a revision clause in order to ensure their adjustment in the case of amendments to the relevant mandatory requirements, standards and conditions referred to in paragraph 3.
9. The aid shall be granted annually in order to compensate for all or part of the additional costs and income foregone resulting from the commitments. Aid under this Article shall not be granted for commitments covered by Article 34, or for costs covered by Article 20.
10. Aid for investment in primary production and the processing and marketing of organic products shall be subject to the provisions of Articles 14 and 17.
11. The aid shall be limited to 100 % of the eligible costs and shall not exceed EUR 600 per hectare per year for annual crops, EUR 900 per hectare per year for specialised perennial crops and EUR 450 per hectare per year for other land uses.
