Enhanced conditionality

Similar to the cross compliance system of the preceding period, farmers, within the framework of conditionality, have to meet certain basic requirements to be fully eligible for area-based and animal-based CAP payments. The requirements relate to different areas, among them climate protection and the adaptation to climate change, the protection of the natural resources of water, soil and biodiversity, food and feed safety, and the sustainable use of pesticides. Conditionality comprises two elements, each of which includes several requirements.

One of these components are the standards for a “Good Agricultural and Environmental Condition” (GAEC) of the areas. They include certain minimum requirements for agricultural management that are to maintain the land, but also the natural resources in good condition. A total of ten GAEC standards have to be complied with:

• GAEC 1: Maintenance of the permanent grassland ratio on national level
• GAEC 2: On designated, carbon-rich wetland and peatland areas, specific management requirements have to be met.
• GAEC 3: Ban on burning arable stubble
• GAEC 4: Establishment of buffer strips along water courses
• GAEC 5: Erosion-reducing measures from a gradient of 10 % on arable land and permanent grassland
• GAEC 6: Minimum soil cover on arable land and permanent grassland between January 1 and February 15.
• GAEC 7: Requirements concerning crop diversification (main crops must not cover more than 75 % of the land) and crop rotation
• GAEC 8: 4 % minimum share of fallow land, protection of landscape elements and ban on cutting hedges and trees between February 20 and August 31.
• GAEC 9: Ban on converting or ploughing environmentally sensitive permanent grassland designated in Natura 2000 sites
• GAEC 10: Compliance with the recommendations for appropriate fertilisation in respect of phosphorus fertilisation

More detailed information about the implementation of the GAEC standards can be found in the overview. Crop rotation under GAEC 7 and the minimum percentage for fallow land under GAEC 8 are subject to certain derogations for 2023 due to the impact of the war in Ukraine on agricultural markets.

In addition to the GAEC standards, the Enhanced Conditionality also includes the element of the “statutory management requirements” (SMR). They tie the granting of CAP payments to compliance with certain requirements of selected EU regulations according to their national implementation. The following eleven EU regulations and directives are concerned:

• SMR 1: Water Framework Directive (Directive 2000/60/EC)
• SMR 2: Nitrates Directive (Directive 91/676/EEC)
• SMR 3: Birds Directive (Directive 2009/147/EC)
• SMR 4: Fauna, Flora, Habitats Directive (Directive 92/43/EEC)
• SMR 5: Food Safety Regulation (Regulation (EC) No 178/2002)
• SMR 6: Directive 96/22/EC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of ß-agonists
• SMR 7: Regulation (EC) No 1107/2009) concerning the placing of plant protection products on the market
• SMR 8: Directive 2009/128/EC) establishing a framework for Community action to achieve the sustainable use of pesticides
• SMR 9: (Directive 2008/119/EC) laying down minimum standards for the protection of calves
• SMR 10: (Directive 2008/120/EC) laying down minimum standards for the protection of pigs
• SMR 11: (Directive 98/58/EC) laying down minimum standards for the protection of animals kept for farming purposes

Social conditionality

In the wake of the Covid-19 pandemic, the sometimes problematic working conditions in agriculture have come under greater scrutiny at EU level. In response to this, a so-called “social conditionality” was introduced, which makes the receipt of area-based and animal-based CAP payments also subject to compliance with certain labour-law provisions. Sanctions for non-compliance are based exclusively on judgements or official notices of the competent labour courts and authorities. There will be no additional controls by AMA. In addition, greater attention will be paid to labour law issues in agricultural extension services.