1. The CAP reform and its implication for birds and the management of SPAs
Eric Mulleneers, European Commission - DG Environment ORNIS COMMITTEE October 4th, 2013

2. Content Biodiversity strategy and agricultural policy The CAP reform
Best practices contributing to the improvement of the conservation status of Birds and the management of SPAs

3. 1. Biodiversity strategy and agricultural policy

4. EU strategy and legal obligations for the protection of birds linked with CAP
EU Birds and Habitats Directives (BHD)
Favourable conservation status
EU Biodiversity Strategy, by 2020:
Halt biodiversity loss, restore ecosystem services
Target 1: full implementation of BHD, achieve measurable improvement of conservation status of species and habitat types
Target 3a: maximize areas covered under CAP biodiversity-related measures, 5 sub-targets were largely included in Comm CAP reform proposals
Target 1:
- full implementation of BHD means reaching favorable conservation status of all habitats and species of European importance and adequate populations of naturally occurring wild bird species.
- Measures should lead to a measurable improvement of conservation status of spcies and habitat types
Target 3a:
- maximise areas covered under CAP biodiversity related measures to ensure conservation of biodiversity and to bring about measureable improvement of the conservation status of species/habitats depending or affected by agriculture
- More or less similar target under 3b for publicly owned forests and forests under rural development

5. Sub targets of the Biodiversity Strategy
Ad 8a and 8b: we are going to see this in the next few slides
Ad 9a and 9b: we will see in the next slides to what extend the new RD-regulation gives the opportunity and instruments to do this, although in the end it is the responsibility of the MS and regions to actively use the possibilities created.
10encourage uptake of Agri-environmental measures to support genetic diversity in agriculture and explore the scope for developing a strategy for the conservation of genetic diversity.

6. 2. The CAP reform

7. The New Greening Architecture of the CAP
Agricultural Research
Implementation mechanism
European Innovation Partnership
Farm Advisory System
Rural
development
Voluntary
with premia covering cost incurred
and income forgone
Cumulative environmental benefits
Green direct payments
Mandatory
with direct support
(decoupled “green”
payment per ha)
Cross compliance
Statutory
Management
Requirements and
Good Agricultural and
Environmental
Conditions
Eligible area

8. Cross Compliance: relevant changes
SMR 1 and 5 (Birds and Habitats Directive), withdrawal of
article 5 of Birds Directive and article 13 of Habitats Directive (obligation for MS to establish measures for protection of birds and plants);
article 6(3) and (4) of Habitats Directive (obligation for authority to perform impact assessment of plans/projects and compensate for the implementation)
Reason: obligation not directed to farmers
Creation of a new GAEC: ban of cutting hedges and trees during the bird breeding and rearing season
Deletion of the GAEC on Protection of permanent pasture
Reason: present in the greening of direct payments
In this reform of the CAP, several changes have been made to cross compliance. The statutory management requirements and the GAEC's have been integrated in one list of requirements, some requirements have been dropped, others are added. Changes in cross compliance most relevant for birds and habitats are the following:
- Art 5 BD and art 13 HD: these articles oblige MS to establish measures for the protection of birds and plants. As these measures are not directed towards a farmer, thy should not be part of cross compliance, which comprises rules which are obligatory for farmers.
- same kind of argument was reason to withdraw art 6() and 6($) from cross compliance: these articles deal with impact assessment of plans or projects likely to have a significant effect on a site, and compensation for the implementation of such a project or plan. Also these articles are directed towards public authorities and not towards farmers, so also these reauirements did not fit well into cross compliance.
A GAEC added is the ban to cut hedges and trees during the bird breeding and rearing season.
A GAEC which has disappeared is the GAEC on the protection of permanent pasture. This has been done because permanent grassland is now part of the greening requirements for the direct payments.

9. Greening of Direct Payments
Green requirements are eligibility criteria for 30% of DP-envelope:
Crop diversification (arable land):
10-30 ha: 2 crops; main crop max 75%
>30 ha: 3 crops; 2 main crops together max 95%)
Ecological Focus Areas (if more than 15 ha arable land on farm):
5% (in 2017 COM and proposal to increase to 7%);
EFA can be e.g. landscape features (hedges, trees, walls), buffer strips, land lying fallow, catch crops, green cover
Maintaining permanent grassland:
flexibility within a 5% margin of the ratio grassland/total agric. area;
no ploughing or conversion of sensitive grassland in NATURA 2000 areas
Equivalence of certification systems and certain agri-environment measures

10. Rural Development (1) Specific environment priority and focus area:
restoring, preserving and enhancing biodiversity, incl. in Natura 2000 areas, areas facing natural or other specific constraints and high nature value farming, and the state of European landscapes - art 5 (4) (a);
Appropriate approach towards the environment including the specific needs of natura 2000 area - art 9 (1) (c).
EAFRD main EU source of Natura 2000 funding.
But: lower EAFRD-budget in new period
possibility of transfer of up to 15% fram pillar 1 to pillar 2;
possibility of up to 25% transfer from 2nd pillar to 1st pillar
Minimum of 30% of EARDF to be dedicated to environment
At least 30 % of given programme's EAFRD funding must be spent on the following measures:
Art. 18: Investments in physical assets ("environment- and climate-related investments" only)
Arts : (Investments in forestry)
Art. 29: Agri-environment-climate
Art. 30: Organic farming
Art. 31: Natura 2000 payments (not WFD payments)
Art. 32: Payments to areas facing natural constraints
Art. 35: Forest-environmental and climate services

11. Rural Development (2)
Number of measures has been decreased, by combining measures and increasing scope of remaining measures
Existing measures most relevant for environment and biodiversity remain:
Area based measures (compensating extra costs/income foregone):
Art. 29: Agri-environment-climate (for voluntary extra measures taken by (groups of) farmers and other land-managers)
Art. 35: Forestry-environmental and comate services and forest conservation
Art. 31: Natura2000 and Water Framework Directive payments (compensating for disadvantages incurred in particular areas as result of implementing Natura2000 /WFD
Art. 32: areas with natural constraints (compensation for disadvantages in these areas)
Art 29. Examples: Voluntary reduction in use of fertilisers, pesticides; Water-saving cropping patterns
Baseline: cross-compliance; relevant minimum requirements for fertiliser and plant protection prods.other relevant requirements from national legislation
"greening" provisions from Pillar I
No double-funding of "greening" practices of Pillar I – "deduct amount necesssary"

12. Rural Development (3)
Support for environmental friendly/'non-productive' investments:
Art. 18: Investments by farmers in physical assets
Art. 26: investments improving the resilience and environmental value of forest ecosystems
Art 21: investments associated with maintaining, restoring and upgrading natural heritage/HNV-sites
Support for training, advice, study, cooperation:
Art. 15: Knowledge transfer
Art. 16: Advisory services: including financing of FAS
Art. 21: studies associated with natural heritage/HNV-sites
Art. 36: Co-operation: joint approaches to delivering economic / environmental benefits
Art 42: LEADER-approach
Other relevant measures
Art. 30: Organic farming

13. 3. Best Practices

14. CAP best practices: Direct Payments
Ensure the economic viability of extensive farming systems (including HNV)
Do not exclude the extensive area from direct payment
Flexible eligibility rules to preserve natural features for wildlife (e.g. trees, field margins and hedges)
Greening:
ambitious implementation of Ecological Focus Area to ensure added value for wildlife : Landscape features, buffer strips and terraces to protect in priority
application of enlarged definition of permanent grassland (inclusion of plant which are grazable but not herbaceous)
Include ban of ploughing permanent grassland also in environmentally sensitive area outside Natura 2000 area (HNV). Ratio implemented at farm level.
On equivalence, consider only ambitious schemes

15. CAP best practices : Rural Development
Complete and comprehensive diagnostic of the situation of wildlife on agricultural land in the RDPs; consistency with the Prioritized Action Frameworks in the coming period.
Pressures on wildlife need to be adequately addressed by RD measures (e.g. agri-environment, N2000 payments, non-productive investments.
Ensure increased uptake (eg: fair compensation; linked with advice)
Ensure better efficiency (eg: specific to the region; specific to some species; result based)
Ensure continuity (eg: compatible with other measures; designed to encourage collective schemes; designed with long term commitments)
Use existing flexibility:
ambitious financial contribution to biodiversity, beyond the 30 % minimum
Eligibility of non-farmers
Longer-term contracts
Maximum payments
Look for win-win

16. CAP best practices: Capacity building
Importance of building the environmental capacity of the farmer, including wildlife aspects within the Farm Advisory System
Include capacity building support as a condition to access to investment and young farmers measures
Use of the range of capacity building support:
Farm advisory services
Knowledge transfer and innovation

17. Draft Guidance on Farming for Natura 2000
How to integrate Natura 2000 conservation objectives into farming practices
Based on Member States good practice experiences
Prepared through an active dialogue with relevant stakeholders (agricultural and environmental authorities, farmers’ organisations, environmental NGOs)
Guidance to design different packages of CAP and other measures to support the management of Natura 2000 in farmland
Includes good practice examples from EU-27
Draft available at

18. Thank you for your attention !