Article 45 Further criteria for the types of ecological focus areaF1F2

For the qualification of the types of areas listed in the first subparagraph of Article 46(2) of Regulation (EU) No 1307/2013 as ecological focus areas, paragraphs 2 to F312 of this Article shall apply.

On land lying fallow and land lying fallow for melliferous plants (pollen- and nectar-rich species) there shall be no agricultural production F5during the period fixed by the relevant authority. F6... As regards areas under land lying fallow for melliferous plants, F7the relevant authority must set up a list of pollen- and nectar-rich species to be used. Invasive alien plant species within the meaning of Article 3(2) of Regulation (EU) No 1143/2014 of the European Parliament and of the Council^f1 must not appear on the list. Such areas shall not include areas under crops normally sown for harvesting. F8The relevant authority may establish further requirements. Such areas may include herbaceous species, provided that melliferous crops remain predominant. Without prejudice to the ‘no production’ requirement established in paragraph 10a, hives may be put on areas of land lying fallow for melliferous plants (pollen- and nectar-rich species).

By way of derogation from Article 4(1)(h) of Regulation (EU) No 1307/2013, land lying fallow and land lying fallow for melliferous plants (pollen- and nectar-rich species) for the purpose of fulfilling the ecological focus area for more than five years shall remain arable land.

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Landscape features shall be at the disposal of the farmer and may be those that are protected under GAEC 7, SMR 2 or SMR 3 as referred to in Annex II to Regulation (EU) No 1306/2013 and/or one or more of the following features:

1. (a)

   hedges, wooded strips or trees in line;

2. (b)

   isolated trees;

3. (c)

   field copses including trees, bushes or stones;

4. (d)

   ponds. Reservoirs made of concrete or plastic shall not be considered ecological focus areas;

5. (e)

   ditches, including open watercourses for the purpose of irrigation or drainage. Channels with walls of concrete shall not be considered ecological focus areas.

6. (f)

   traditional stone walls.

F11Where the legislation applying in the constituent nation so provides, the selection of landscape features F12shall be limited to those under GAEC 7, SMR 2 or SMR 3 as referred to in Annex II to Regulation (EU) No 1306/2013 and/or to one or more of points (a) to (f) of the first subparagraph.

For the hedges, wooded strips and trees in line as well as ditches referred to in points (a) and (e) of the first subparagraph, respectively, the area to be qualified as ecological focus area shall be calculated up to a maximum width of 10 metres.

For the field copses and ponds referred to in points (c) and (d) of the first subparagraph, respectively, the area to be qualified as ecological focus area shall be calculated up to a maximum size of 0,3 hectare.

For the purposes of point (d) of the first subparagraph, F13the minimum size for ponds F14is as set by the relevant authority prior to exit day. Where there is a strip with riparian vegetation along the water the corresponding area shall be included for the purpose of calculating the ecological focus area. F15The relevant authority may establish criteria to ensure that ponds are of natural value, taking into account the role that natural ponds play for the conservation of habitats and species.

For the purposes of point (f) of the first subparagraph, F16the minimum criteria based on national or regional specificities, including limits to the dimensions of height and width F17is as established by the relevant authority prior to exit day.

Buffer strips and field margins may be any buffer strips and field margins including those buffer strips along water courses required under GAEC 1, SMR 1 or SMR 10 as referred to in Annex II to Regulation (EU) No 1306/2013 or field margins protected under GAEC 7, SMR 2 or SMR 3 as referred to in that Annex.

F18The relevant authority shall not limit the selection of buffer strips and field margins to those required under the cross compliance rules referred to in the first subparagraph.

F19Nothing in this Article shall prevent the relevant authority from establishing, using any power the relevant authority has, the minimum width of buffer strips and field margins. Along water courses, riparian vegetation shall be included for the purpose of calculating the ecological focus area. There shall be no agricultural production on buffer strips and field margins.

For buffer strips and field margins other than those required or protected under GAEC 1, GAEC 7, SMR 1, SMR 2, SMR 3 or SMR 10 as referred to in Annex II to Regulation (EU) No 1306/2013, the area to be qualified as ecological focus area shall be calculated up to a maximum width of 20 metres.

For the purposes of the second sentence of the second subparagraph of Article 46(2) of Regulation (EU) No 1307/2013, areas referred to in paragraphs 4 and 5 of this Article shall be considered as adjacent areas or features where they are adjacent to an ecological focus area directly adjacent to the arable land of the holding.

Hectares of agro-forestry shall be arable land eligible for the basic payment scheme F21... referred to in Chapter 1 of Title III of Regulation (EU) No 1307/2013 and fulfilling the conditions for which support under Article 44 of Regulation (EC) No 1698/2005 or Article 23 of Regulation (EU) No 1305/2013 was or is granted.

F22...

The area to be qualified as ecological focus area shall be calculated up to a maximum width of 10 metres where F23the relevant authority decides to allow agricultural production and 20 metres where the relevant authority decides not to allow agricultural production.

F24The species that may be used for areas with short rotation coppice with no use of mineral fertiliser or plant protection products or both, are those species which have been selected by the relevant authority prior to exit day, from the list established pursuant to Article 4(2)(c) of Regulation (EU) No 1307/2013, as being the most suitable from an ecological perspective.F25The relevant authority must also apply any requirements established by them prior to exit day as regards the use of mineral fertilisers and/or plant protection products in case F26the relevant authority authorises their use, keeping in mind the objective of ecological focus areas in particular to safeguard and improve biodiversity.

On areas with Miscanthus and Silphium perfoliatum F28the relevant authority shall ban the use of plant protection products except in the first year in which the two species are established by a farmer. F29The relevant authority shall ban or establish requirements as regards the use of mineral fertilisers on these areas, taking into account the objective of the ecological focus areas in particular to safeguard and improve biodiversity.

Areas under catch crops or green cover shall include such areas established pursuant to the requirements under SMR 1 as referred to in Annex II to Regulation (EU) No 1306/2013 as well as other areas under catch crops or green cover, on the condition that they were established by sowing a mixture of crop species or by under-sowing grass or leguminous crops in the main crop.

F30... the list of mixtures of crop species to be used and F31... the period at national, regional, sub-regional or farm level during which areas under catch crops or green cover when established by sowing a mixture of crop species have to be in place F32is as fixed by the relevant authority prior to exit day. This period shall not be less than 8 weeks. F33Nothing in this Article prevents the relevant authority from establishing, using any power the relevant authority has, additional conditions notably with regard to production methods.

Areas under catch crops or green cover shall not include areas under winter crops which are sown in autumn normally for harvesting or for grazing. They shall also not include the areas covered with equivalent practices mentioned in points I.3 and 4 of Annex IX to Regulation (EU) No 1307/2013.

On areas with nitrogen-fixing crops, farmers shall grow those nitrogen-fixing crops which are included in a list established by the F34relevant authority prior to exit day. That list shall contain the nitrogen-fixing crops that the F35relevant authority considers as contributing to the objective of improving biodiversity and may include mixtures of nitrogen-fixing crops with other crops provided that nitrogen-fixing crop species are predominant. Those crops shall be present during the growing season. F36Nothing in this Article prevents the relevant authority from establishing, using any power the relevant authority has, additional conditions notably with regard to production method, in particular with a view to taking into account the need to meet the objectives of Directive 91/676/EEC and Directive 2000/60/EC, given the potential of nitrogen-fixing crops to increase the risk of nitrogen leaching in the autumn.

Areas with nitrogen-fixing crops shall not include the areas covered with equivalent practices mentioned in points I.3 and 4 of Annex IX to Regulation (EU) No 1307/2013.

For the purposes of paragraphs 2, 5 and 7, ‘no agricultural production’ means no agricultural activity as defined in Article 4(1)(c)(i) of Regulation (EU) No 1307/2013, without prejudice to the requirements defined under GAEC 4 as referred to in Annex II to Regulation (EU) No 1306/2013. Actions aiming at establishing a green soil cover for biodiversity purposes, including sowing mixtures of wild flower seeds, shall be allowed.

F37Nothing in this Article prevents the relevant authority, using any power the relevant authority has, from allowing cutting or grazing on buffer strips and field margins as well as on strips of eligible hectares along forest edges without production, provided that the strip remains distinguishable from adjacent agricultural land.

The use of plant protection products shall be prohibited on all areas referred to in paragraphs 2, 9 and 10 as well as on areas with agricultural production referred to in paragraph 7.

On areas referred to in paragraph 9 established by under-sowing grass or leguminous crops in the main crop, this prohibition shall apply from the moment of the harvesting of the main crop for at least 8 weeks or until the sowing of the next main crop.

A farmer can declare the same area or landscape feature only once in one claim year for the purpose of complying with the ecological focus area requirement.

The relevant authority shall specify the species that are to be used for afforested areas. Afforested areas shall be arable land eligible for the basic payment scheme referred to in Chapter 1 of Title III of Regulation (EU) No 1307/2013 and fulfilling the conditions under the small or farm woodland creation option of the forestry grant scheme applied to the species specified by the relevant authority. The forestry grant scheme agreement referred to in Article 46(2)(h) of Regulation (EU) No 1307/2013 must have been issued after 1 January 2015.