The European Commission has today (Tuesday, February 13), officially adopted a regulation which grants a partial exemption for European farmers from the conditionality rule on fallow land.

The regulation will enter into force tomorrow, Wednesday, February 14, and will apply retroactively as of January 1 for one year until December 31, 2024.

This follows the commission’s proposal for a one-year derogation for farmers from Common Agricultural Policy (CAP) rules on fallow land, and discussions with EU member states.

The partial exemption “accommodates” several requests for more flexibility, as requested by member states to better respond to challenges facing EU farmers, the commission said.

CAP rules on fallow land

In order to receive CAP supports, farmers must adhere to nine standards referred to as “good agricultural and environmental conditions” (GAECs).

This principle of conditionality applies to close to 90% of the utilised agricultural area in the EU and aims to mainstream sustainable farming practices.

The GAEC 8 standard requires, among other things, devoting a minimum share of arable land to non-productive areas or features.

The latter typically refers to land lying fallow but also features such as hedges or trees. Farms with fewer than 10ha of arable land are exempted from this obligation.

Instead of keeping land fallow or unproductive on 4% of their arable land, EU farmers growing nitrogen fixing crops (such as lentils, peas, or favas) and/or catch crops without plant protection products on 4% of their arable land will be considered as meeting the requirement.

Those farmers who so decide can, however, continue fulfilling the requirement with land lying fallow or non-productive features, according to the commission.

The final act adopted also enables member states to modify their eco-schemes that support non-productive areas to take into account the alternative baseline under GAEC 8.

Tractor ploughing field
David Power ploughing at Newtown in February 2024. Source: Liam Ryan

A notification to the commission will be enough to immediately update the concerned eco-schemes. 

Member states who wish to apply the derogation at national level need to notify the commission within 15 days of entry into force of the regulation so that farmers can be informed as soon as possible.

European Commission

The president of the European Commission, Ursula von der Leyen said the commission will “soon come forward with more proposals to help alleviate the pressure our farmers face”.

“Only if our farmers can live off their land will they invest in the future. And only if we achieve our climate and environmental goals together, will farmers be able to continue to make a living.

“Our farmers are well aware of this. This measure offers flexibility to farmers while continuing to reward them for their crucial work to drive EU food security and sustainability,” she said.

Commissioner for Agriculture, Janusz Wojciechowski welcomed the decision to grant a partial exemption from GAEC 8.

“It reflects the extraordinary circumstances faced by our farming community and demonstrates that the commission is listening, engaging, and responding to these needs in real time,” he said.