Amendments to Delegated Regulation (EU) 2022/126
Article 1
Open ↗Article 48 of Delegated Regulation (EU) 2022/126 is amended as follows: (1) after paragraph 1, the following paragraph is inserted: ‘1a. Where the area of permanent grassland referred to in paragraph 1, second subparagraph, point (a), has decreased due to structural changes in the farming systems of a Member State caused by a significant reduction in the production of livestock resulting in a significant reduction in the need for feed and grazing of livestock in that Member State, the Member State concerned may, once in the programming period 2023-2027, adjust the reference ratio established pursuant to paragraph 1 to take into account the decrease in the size of the area of permanent grassland. The adjustment of the area of permanent grassland referred to in the first subparagraph, shall correspond to the decrease of the area of permanent grassland which is attributable to the structural changes in the farming systems at the level at which the GAEC standard 1 is implemented in the Member State concerned. A Member State shall assess the decrease in the size of the area of permanent grassland and the structural changes in the farming systems on the basis of a period of 5 consecutive years starting no earlier than in 2019.’ ; (2) in paragraph 3, the following third subparagraph is added: ‘By way of derogation from the first subparagraph, Member States may decide to impose the obligations at the holding level to reconvert land to permanent grassland or to establish an area of permanent grassland only in the following cases: (a) where, and to the extent that, the area to be reconverted into areas of permanent grassland or on which permanent grassland is to be established in a given year exceeds the area of permanent grassland registered as agricultural area in the identification system for agricultural parcels referred to in Article 68 of Regulation (EU) 2021/2116 and not declared for the purpose of receiving support in accordance with a type of intervention provided for in Chapter II of Title III of Regulation (EU) 2021/2115 in that year by beneficiaries; (b) where, and to the extent that, the decrease of the ratio of permanent grassland in a given year by more than 5 %, at the level at which GAEC standard 1 is implemented, is not caused by an increase in the total agricultural area declared in that same year.’; (3) paragraph 4 is replaced by the following: ‘4. Paragraph 3, first subparagraph shall not apply where the decrease below the threshold of 5 % is the result of: (a) commitments undertaken or obligations, as referred to in Article 4(4), points (b) and (c), of Regulation (EU) 2021/2115 due to which an agricultural activity is no longer performed on the areas in question, and which do not include plantations of Christmas trees or cultivation of crops or trees for energy production; or (b) conversion of an area of permanent grassland to other uses than agricultural activity, as defined in the CAP Strategic Plans, and the area concerned no longer constitutes agricultural area as defined in the CAP Strategic Plans.’ .