Article 6 Afforestation and creation of woodland

The following minimum environmental requirements shall apply in the context of the afforestation and creation of woodland measure referred to in Article 22 of Regulation (EU) No 1305/2013:

1. (a)

   the selection of species to be planted, of areas and of methods to be used shall avoid the inappropriate afforestation of sensitive habitats such as peat lands and wetlands and negative effects on areas of high ecological value including areas under high natural value farming. On sites designated as Natura 2000 pursuant to Council Directive 92/43/EEC^f1 and Directive 2009/147/EC of the European Parliament and of the Council^f2 only afforestation consistent with the management objectives of the sites concerned and agreed with the F1relevant authority shall be allowed;

2. (b)

   the selection of species, varieties, ecotypes and provenances of trees shall take account of the need for resilience to climate change and to natural disasters and the biotic, pedologic and hydrologic condition of the area concerned, as well as of the potential invasive character of the species under local conditions as defined by F2the relevant authority. The beneficiary shall be required to protect and care for the forest at least during the period for which the premium for agricultural income foregone and maintenance is paid. This shall include tending, thinnings or grazing as appropriate, in the interest of the future development of the forest and regulating competition with herbaceous vegetation and avoiding the building up of fire-prone undergrowth material. As regards fast-growing species, the relevant authority shall define the minimum and maximum time before felling. The minimum time shall not be less than 8 years and the maximum shall not exceed 20 years;

3. (c)

   in cases where, due to difficult environmental or climatic conditions, including environmental degradation, the planting of perennial woody species cannot be expected to lead to the establishment of forest cover as defined under the F3law as it applies in the constituent nation, the F4relevant authority may allow the beneficiary to establish and maintain other woody vegetation cover. The beneficiary shall provide the same level of care and protection as applicable to forests;

4. (d)

   in the case of afforestation operations leading to the creation of forests of a size exceeding a certain threshold, to be defined by F5the relevant authority, the operation shall consist of either:

   1. (i)

      the exclusive planting of ecologically adapted species and/or species resilient to climate change in the bio-geographical area concerned, which have not been found, through an assessment of impacts, to threaten biodiversity and ecosystem services, or to have a negative impact on human health; or

   2. (ii)

      a mix of tree species which includes either:

      • at least 10 % of broadleaved trees by area, or

      • a minimum of three tree species or varieties, with the least abundant making up at least 10 % of the area.