Commission Implementing Regulation (EU) 2021/2289 of 21 December 2021 laying down rules for the application of Regulation (EU) 2021/2115 of the European Parliament and of the Council on the presentation of the content of the CAP Strategic Plans and on the electronic system for the secure exchange of information

Article 1

Content of the CAP Strategic Plan

Member States shall present the content of the CAP Strategic Plan provided for in Title V, Chapter II, of Regulation (EU) 2021/2115 as set out in Annex I to this Regulation.

Article 2

Additional annexes to the CAP Strategic Plan

Member States may submit additional information as separate annexes to their CAP Strategic Plan in addition to the ones set out in Article 115 of Regulation (EU) 2021/2115.

The approval of the CAP Strategic Plan in accordance with Article 118 of Regulation (EU) 2021/2115 and the approval of an amendment of the CAP Strategic Plan in accordance with Article 119(10) of that Regulation shall not apply to those additional annexes.

Article 3

Electronic system for the secure exchange of information

Member States shall carry out exchanges of information to be made in accordance with Regulation (EU) 2021/2115 or in accordance with the delegated or implementing acts adopted pursuant to that Regulation by means of the electronic system for the secure exchange of information called ‘SFC2021’, for which the responsibilities of the Commission and the Member States are set out in Annex II to this Regulation.

By way of derogation from paragraph 1, information related to Title III, Chapter III, of Regulation (EU) 2021/2115 to be sent by Member States pursuant to the implementing act to be adopted on the basis of Article 143(4) of that Regulation shall be transmitted in accordance with the rules laid down in Commission Implementing Regulation (EU) 2017/1185 (¹) and by means of the information-technology-based system made available by the Commission pursuant to that Implementing Regulation.

Article 4

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

1. Strategic statement

The overview of the CAP Strategic Plan shall outline what the CAP aims to achieve in the Member State’s territory. It shall focus on the main expected results and interventions, including relevant elements of the green architecture, in light of the identified needs, and summarise key choices on financial allocation. It shall demonstrate how these aspects relate to each other. Highlights may be provided as to how the main elements provided in the Commission Recommendations for the CAP Strategic Plan have been addressed.

2. Assessment of needs, intervention strategy, context indicators and target plan

2.1.   Assessment of needs

For each specific objective referred to in Article 6(1) and (2) of Regulation (EU) 2021/2115, this subsection of the CAP Strategic Plan shall contain:

(a) a summary of the analysis of the situation in terms of strengths, weaknesses, opportunities and threats (‘the SWOT analysis’) into four parts (strengths, weaknesses, opportunities and threats);

(b) an identification and description of each need regardless of whether they are addressed with CAP Strategic Plan interventions. This shall include: (i) a description of the need, including types of areas or territories concerned where relevant; (ii) the link of each need with one or more specific objectives referred to in Article 6(1) and (2) of Regulation (EU) 2021/2115; (iii) with regard to the specific objective referred to in Article 6(1), point (a), of Regulation (EU) 2021/2115, an assessment of those needs in relation to a fairer distribution and more effective and efficient targeting of direct payments, where relevant taking into account the farm structure, and an assessment of needs in relation to risk management; (iv) with regard to needs linked to the specific objectives referred to in Article 6(1), points (d), (e) and (f), of Regulation (EU) 2021/2115, how the relevant targets and other elements of the national environmental and climate plans emanating from the legislative acts referred to in Annex XIII to that Regulation have been taken into account. The description shall make clear which needs relate to which of the relevant targets or national environmental and climate plans.

This subsection shall define at the level of the CAP Strategic Plan:

(a) prioritisation of needs, including a sound justification of the choices made and the method and criteria used;

(b) where relevant, an explanation of the reasons why certain needs are not addressed or partially addressed in the CAP Strategic Plan;

(c) where relevant, an assessment of needs of specific geographical areas, such as the outermost regions, mountainous and island areas.

2.2.   Intervention strategy

This subsection shall contain for each specific objective referred to in Article 6(1) and (2) of Regulation (EU) 2021/2115:

(a) a description of the intervention strategy, explaining how the combination of interventions, and other relevant key elements of the CAP Strategic Plan are expected to work together in addressing the needs, including territorial aspects, how interventions contribute in a direct and significant way to the specific objective and how they combine with other relevant instruments outside the CAP Strategic Plan;

(b) a selection of the result indicator(s) on the basis of the assessment of needs, including a justification of the targets and related milestones relevant for the entire CAP Strategic Plan, based on the list in Annex I to Regulation (EU) 2021/2115. The links between result indicators and objectives shall be consistent with both the needs assessment and intervention logic, and shall take into account the links between interventions and result indicators. Member States shall set one target value per result indicator for the whole CAP Strategic Plan period. When the target is a ratio, Member States shall provide the numerator and the denominator. The values of targets and annual milestones shall be coherent and compatible with the needs and also with the values of planned outputs of the interventions linked to the corresponding result indicators and shall include, where relevant, the additional national financing referred to in Article 115(5) of Regulation (EU) 2021/2115;

(c) an explanation on how the interventions allow reaching the targets and how they are mutually coherent and compatible;

(d) a justification that the financial allocations to the interventions are adequate to achieve the targets set and are consistent with the financial plan;

(e) where relevant, a justification of the use of the InvestEU and its contribution to the achievement of one or more of the specific objectives set out in Article 6(1) and (2) of Regulation (EU) 2021/2115 and selected under the CAP Strategic Plan. This subsection shall also include an explanation of the national contribution to achieving the Union’s targets for 2030 set out in the Farm to Fork Strategy and the EU Biodiversity Strategy with a view to allowing the Commission to assess the consistency and contribution of the proposed CAP Strategic Plan to the Union’s environmental and climate legislation and commitments and, in particular, to the relevant Union targets. Member States may add further information in an additional annex to the CAP Strategic Plan as referred to in Article 2 of this Regulation.

2.3.   Context indicators

This subsection shall provide, for the context indicators listed in Annex I to Regulation (EU) 2021/2115 used as denominators of result indicators, the baseline value and year, using the latest available data.

2.4.   Target plan

This subsection shall display in a recapitulative table, for each result indicator selected for the intervention logic in accordance with subsection 2.2, point (b), the target value and annual milestones.

3. Consistency of the strategy

For each subsection, this section shall provide an overview of synergies and complementarities emerging from a combination of interventions and conditions set in the CAP Strategic Plan.

This section shall contain the following subsections:

3.1.   An overview of the environmental and climate architecture

This subsection shall include a description on:

(a) the overall contribution of conditionality to the specific environmental and climate-related objectives;

(b) the complementarity between the relevant baseline conditions, as referred to in Articles 31(5) and 70(3) of Regulation (EU) 2021/2115, conditionality and the different interventions addressing environmental and climate-related objectives set out in Article 6(1), points (d), (e), and (f), of that Regulation;

(c) the way the increased ambition with regard to environmental and climate-related objectives, as set out in Article 105 of Regulation (EU) 2021/2115 is expected to be achieved;

(d) an explanation of how the environmental and climate architecture contributes to, and is consistent with the long-term national targets set out or derived from the legislative acts referred to in Annex XIII to Regulation (EU) 2021/2115;

(e) for each GAEC, a description of the way the Union standard is implemented, including the following elements: a summary of the on-farm practice, territorial scope, type of farmers subject to the standard and, where necessary, a description of how the practice contributes to achieving the GAEC standard’s main objective. This description shall include the following information: (i) for GAEC 1: a summary of the on-farm obligations such as authorisation and reconversion and other rules in case that the ratio of permanent grassland in relation to total agricultural area falls below the reference ratio, the territorial level (national, regional, sub-regional, holding level) for the calculation of the reference ratio of permanent grassland in relation to total agricultural area, the value of the reference ratio at the applicable levels as well as an explanation of its calculation; (ii) for GAEC 2, an indication of: — the main types of agricultural areas present in the peatland and wetland areas identified and designated; — the requirements that will be applied to the different types of agricultural land to protect carbon-rich soils; — the starting year of the application of the GAEC; if the application is planned for claim year 2024 or 2025, a justification of this delay shall be provided based on the needs and planning as regards the management system referred to in footnote 1 to GAEC 2 in Annex III to Regulation (EU) 2021/2115; — if the application of this GAEC is planned for claim year 2024 or 2025, the description of the type of agricultural areas in the designated area and the summary of the on-farm practices shall be provided at the latest in the CAP Strategic Plan amendment as approved by the Commission in accordance with Article 119 of Regulation (EU) 2021/2115 prior to the first year of application of the GAEC; — the requirements of this GAEC standard for which payments are provided as part of interventions under Articles 31, 70 or 72 of Regulation (EU) 2021/2115; (iii) for GAEC 3: an indication of the conditions for the derogation for plant health reasons; (iv) for GAEC 4: — the minimal width of buffer strips and the definition of water courses to be protected by applying this standard, where relevant, to be provided in the territorial scope; — explanation of the specific local circumstances, if Member States adjust the minimum width of buffer strips in areas with significant dewatering and irrigation ditches; (v) for GAEC 5: a summary of the on-farm practice specifying the slope gradient and, identifying, where relevant, the areas at risk of erosion; (vi) for GAEC 6: — a summary of the on-farm practice specifying the most sensitive period(s) concerned and the type of soil cover; — if Member States apply footnote 1 to GAEC 6 of Annex III to Regulation (EU) 2021/2115, explanation of the specific conditions of the regions concerned; (vii) for GAEC 7: — a summary of the on-farm practice specifying the rotation practices and the definition of crop and secondary crop; — where applicable, from claim year 2025, a summary of the on-farm practice for crop diversification; — the type of farmers concerned including the exemptions applied referred to in Annex III to Regulation (EU) 2021/2115; — where Member State authorise practices related to enhanced crop rotation with leguminous crops and crop diversification in specific regions of their territory as referred to in footnote 3 to GAEC 7 in Annex III to Regulation (EU) 2021/2115, an explanation of the contribution of the practices to preserve the soil potential in line with the objectives of the GAEC on the basis of the diversity of farming methods and agro-climatic conditions in the regions concerned and a justification of the choice made; (viii) for GAEC 8, from claim year 2025: — the list of landscape features concerned by the standard on retention of landscape features; — the measures for avoiding invasive plant species where applicable; (ix) for GAEC 9: — elements to designate environmentally-sensitive permanent grassland and the corresponding indicative number of hectares; — the requirements of this GAEC standard for which payments are provided as part of interventions under Articles 31 or 70 of Regulation (EU) 2021/2115;

(f) when Member States set additional GAEC standards to those laid down in Annex III concerning the main objectives of that Annex, pursuant to Article 13(2) of Regulation (EU) 2021/2115, an explanation of the on-farm practice, territorial scope, type of farmers subject to the standard and description of how the standard contributes to achieving the objective;

(g) where relevant, an explanation of the CAP contribution to leverage support and upscale integrated Strategic Nature Projects benefiting farmers’ communities as provided for in Regulation (EU) 2021/783 of the European Parliament and of the Council (²).

3.2.   Overview of the relevant interventions and conditions for young farmers

This subsection shall provide the elements laid down in Article 109(2), point (b), of Regulation (EU) 2021/2115 and, where relevant, an explanation of the CAP contribution in respect of transnational learning mobility of people in the field of agricultural and rural development with a focus on young farmers and women in rural areas, in accordance with Regulation (EU) 2021/817 of the European Parliament and of the Council (³).

3.3.   Overview of relationship between coupled income support and Directive 2000/60/EC of the European Parliament and of the Council (⁴)

This subsection shall provide the elements laid down in Article 109(2), point (c), of Regulation (EU) 2021/2115.

3.4.   Overview as regards the aim of fairer distribution and more effective and efficient targeting of income support

This subsection shall provide the elements laid down in Article 109(2), point (d), of Regulation (EU) 2021/2115.

3.5.   Overview of the sector-related interventions

This subsection shall provide the elements laid down in Article 109(2), point (e), of Regulation (EU) 2021/2115. In addition, the overview per sector shall include where relevant, complementarity with the elements of conditionality.

3.6.   Overview of the interventions that contribute to ensure a coherent and integrated approach to risk management

This subsection shall explain the combination of interventions, including, where relevant, the option laid down in Article 19 of Regulation (EU) 2021/2115, intended to contribute to ensure a coherent and integrated approach to risk management.

3.7.   Interplay between national and regional interventions and elements

This subsection shall include:

(a) where relevant, a description of the interplay between national and regional interventions, including the distribution of financial allocations per intervention and per fund;

(b) where elements of the CAP Strategic Plan are established at regional level, an explanation on how the intervention strategy ensures the coherence and the consistency of these elements with the elements of the CAP Strategic Plan established at national level.

3.8.   Overview of contribution to the objective of improving animal welfare and combatting antimicrobial resistance, referred to in Article 6(1), point (i), of Regulation (EU) 2021/2115

This subsection shall provide the elements laid down in Article 109(2), point (h), of Regulation (EU) 2021/2115.

3.9.   An explanation of how the interventions and elements common to several interventions contribute to simplification for final beneficiaries and reducing the administrative burden

This explanation shall notably include measures taken in the implementation of the CAP through technology and data that help simplify management and administration of the CAP, and through the simplification of the design of interventions in the CAP Strategic Plan.

4. Elements common to several interventions

4.1.   Definitions and minimum requirements

This subsection shall include the following:

As regards the definition of agricultural production, Member States shall only provide information where they amend the definition compared to Article 4(1), point (c)(i), of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (⁵).

As regards the definition of maintenance of agricultural area, such definition shall be provided for all types of agricultural area (arable land, permanent crops and permanent grassland). Where Member States define separate requirements for land laying fallow, this shall be specified;

Complementary elements of the definition laid down in Regulation (EU) 2021/2115 shall be provided where relevant.

In particular information shall be provided on the following elements, where relevant:

(i) elements of agroforestry systems when it is established or maintained on the agricultural area, specifying these elements for each type of agricultural area (arable land, permanent crops and permanent grassland);

(ii) the definition of nurseries;

(iii) the definition of short rotation coppice, which shall include at least the harvest cycle, the list of species or categories of plants and the planting density;