Derogations from Articles 86(2) and 119 of Regulation (EU) 2021/2115 for claim year 2024
Article 3
1. By way of derogation from Article 119 of Regulation (EU) 2021/2115, and without prejudice to Article 1(2), Member States, which decide to make use of the derogation referred to in Article 1(1), may, without prior approval of the Commission, make and apply modifications to eco-schemes referred to in Article 31 of Regulation (EU) 2021/2115, set in the CAP Strategic Plans, which are based on the first requirement of GAEC standard 8, as a baseline, in respect to claim year 2024. These modifications shall be limited to those elements of the eco-schemes referred to in the first subparagraph, which are strictly necessary to ensure that farmers taking up commitments under those eco-schemes may combine those commitments with the options for fulfilling the first requirement of GAEC standard 8 laid down in Article 1(1). 2. Member States shall set the starting date for the application of the modifications referred to in paragraph 1 so as to give farmers sufficient time to take those modifications into account. 3. Member States shall notify the Commission of the modifications referred to in paragraph 1 by the time they start applying them. The notification shall be submitted by means of the electronic data exchange system ‘SFC2021’. The notification shall contain a description of the modifications made to the eco-schemes referred to in the first paragraph and an explanation of the reasons why those modifications are strictly necessary as required by paragraph 1. 4. Member States may make use of the derogation referred to in paragraph 1 only once. 5. Member States shall include the modifications referred to in paragraph 1 in the next request for amendment of the CAP Strategic Plan in accordance with Article 119(1) of Regulation (EU) 2021/2115. 6. By way of derogation from Article 86(2) of Regulation (EU) 2021/2115, expenditure that becomes eligible as a result of the modifications to the CAP Strategic Plans referred to in the first paragraph shall be eligible for contribution from the EAGF from the date of the notification referred to in paragraph 3.