CHAPTER IIIRural development measures
Section 1Rural development measures per axis
Sub-section 2Axis 2
Article 27
1
For the purpose of Article 39(1) to (4) and Article 40 of Regulation (EC) No 1698/2005, paragraphs 2 to 13 of this Article shall apply as relevant.
2
Any commitment to extensify livestock farming or manage livestock farming differently shall comply with at least the following conditions:
a
grassland management shall continue;
b
the whole of the grazed area per livestock unit shall be maintained, avoiding both over-grazing and under-utilisation;
c
livestock density shall be defined taking into account 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.
3
Commitments to limit the use of fertilisers, plant protection products or other inputs shall be accepted only if such limitations can be assessed in a way that provides reasonable assurance about compliance with those commitments.
4
Support may relate to the following commitments:
a
to rear farm animals of local breeds indigenous to the area and in danger of being lost to farming;
b
to preserve plant genetic resources naturally adapted to the local and regional conditions and under threat of genetic erosion.
The eligible species of farm animals and the criteria for determining the threshold of loss to farming of local breeds are defined in Annex IV.
5
Agri-environment and/or animal welfare support for the same production shall not be precluded by environmental measures implemented under common market organisations or direct support schemes listed in Annex I, animal and plant health measures or rural development measures other than agri-environment and animal welfare support, provided that such support is additional and consistent with the measures concerned.
Various agri-environment and/or animal welfare commitments may be combined provided that they are complementary and compatible.
Where measures or commitments referred to in the first and second subparagraph are combined, the level of support shall take account of the specific income foregone and additional costs resulting from the combination.
6
F2Agri-environment measures on land set aside under Article 54 or Article 107 of Regulation (EC) No 1782/2003 shall qualify for support only if the agri-environment commitments go beyond the main requirements laid down in Article 3(1) of that Regulation.
In the case of support for mountain areas, areas with other handicaps, Natura 2000 agricultural areas and agricultural areas included in river basin management plans pursuant to Directive 2000/60/EC of the European Parliament and of the Council17, agri-environment commitments shall, as appropriate, take account of the conditions laid down for support in the areas concerned.
7
Any animal welfare commitment as referred to in Article 40 of Regulation (EC) No 1698/2005 shall provide upgraded standards in at least one of the following areas:
a
water and feed closer to their natural needs;
b
housing conditions, such as space allowances, bedding, natural light;
c
outdoor access;
d
absence of systematic mutilations, isolation or permanent tethering;
e
prevention of pathologies mainly determined by farming practices or/and keeping conditions.
8
The reference level for calculating income foregone and additional costs resulting from the commitments given shall be the relevant standards and requirements referred to in Article 39(3) and Article 40(2) of Regulation (EC) No 1698/2005.
9
Where commitments are normally expressed in units other than those used in the Annex to Regulation (EC) No 1698/2005, Member States may calculate payments on the basis of those other units. In such cases, the Member States shall ensure that the maximum amounts per year eligible for Community support set out in that Annex are complied with. To this end the Member State may:
a
set a limit on the number of units per hectare of the farm to which the agri-environment commitments applies, or
b
determine the overall maximum amount for each participating farm and ensure that the payments for each farm are compatible with that limit.
10
Member States shall determine the need to provide compensation for transaction cost as provided for in Article 39(4) and Article 40(3) of Regulation (EC) No 1698/2005 on the basis of objective criteria.
For the purpose of Article 39(4) and Article 40(3) of Regulation (EC) No 1698/2005, ‘transaction cost’ shall mean cost related to letting the transaction take place and not directly attributable to the implementation cost of the commitment it relates to.
The transaction cost element shall be calculated over the length of the commitment period and shall not exceed 20 % of the income foregone and additional costs due to the commitment given.
11
Member States may authorise one commitment to be converted into another during the period of its operation, provided that all the following conditions are fulfilled:
a
any such conversion is of significant benefit to the environment or to animal welfare or to both;
b
the existing commitment is substantially reinforced;
c
the approved rural development programme includes the commitments concerned.
An agri-environment commitment may be converted into a commitment for first afforestation of agricultural land under Article 43 of Regulation (EC) No 1698/2005 subject to the conditions set out in points (a) and (b) of the first subparagraph of this paragraph. The agri-environment commitment shall cease without reimbursement being required.
12
Member States may allow agri-environment or animal welfare commitments to be adjusted during the period for which they apply, provided that the approved rural development programme includes scope for such adjustment and that the adjustment is duly justified having regard to the objectives of the commitment.
F3Such adjustments may also take the form of an extension of the duration of the commitment. The extension may not go beyond the end of the period to which the F12014 payment claim refers.
13
The conversion rates of animals to livestock units (LU) are set out in Annex V. Member States may differentiate those rates within the limits set in that Annex for the relevant categories, according to objective criteria.