Commission Implementing Decision (EU) 2022/484 of 23 March 2022 providing for derogations from Regulation (EU) No 1307/2013 of the European Parliament and of the Council and from Commission Delegated Regulation (EU) No 639/2014 as regards the implementation of certain conditions relating to the greening payment for claim year 2022 (notified under document C(2022) 1875)

1 By way of derogation from Article 44(4) of Regulation (EU) No 1307/2013, for claim year 2022, Member States may decide that land lying fallow is considered as a distinct crop even though such land has been grazed or harvested for production purpose or has been cultivated.

2 By way of derogation from Article 45(2) of Delegated Regulation (EU) No 639/2014, for claim year 2022, Member States may decide that land lying fallow is considered as ecological focus area pursuant to Article 46(2), first subparagrah, point (a), of Regulation (EU) No 1307/2013 even though such land has been grazed or harvested for production purpose or has been cultivated. The weighting factor set out for land lying fallow in Annex X to Regulation (EU) No 1307/2013 shall apply. By way of derogation from Article 45(10b) of Delegated Regulation (EU) No 639/2014, where Member States make use of the derogation referred to in the first subparagraph of this paragraph, they may also decide to allow for the use of plant protection products on those areas where grazed or harvested for production purpose or where cultivated.

The decisions referred to in Article 1 shall be taken within 21 days from the date of notification of this Decision.

1 Member States shall notify the Commission of the decisions taken pursuant to Article 1 within 7 days after the date on which the decisions were taken.

2 By 15 December 2022, Member States shall notify the Commission of the number of holdings which used the derogations provided for in Article 1 and the number of hectares where those derogations have been applied.

This Decision is addressed to the Member States.