Case C‑435/17

Argo Kalda Mardi talu

v

Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

(Request for a preliminary ruling from the Tartu Halduskohus)

(Reference for a preliminary ruling — Common agricultural policy — Direct payments — Regulation (EU) No 1306/2013 — Articles 93 and 94 — Annex II — Cross-compliance — Agricultural and environmental conditions — Minimum requirements — Implementation by a Member State — Obligation to conserve ‘burial grounds’ — Scope)

Summary — Judgment of the Court (Third Chamber), 7 August 2018

1. Agriculture — Common agricultural policy — Direct support schemes — Common rules — Minimum requirements for good agricultural and environmental conditions — Obligation to retain landscape features — National legislation imposing the obligation to maintain cairns marked by stones — Lawfulness

   (European Parliament and Council Directive 1306/2013, Arts 93(1) and 94 and Annex II; Council Regulation No 1782/2003, Annex IV)

2. Agriculture — Common agricultural policy — Direct support schemes — Common rules — Statutory management requirements — Good agricultural and environmental conditions — Obligation to comply with those requirements — Scope — Applicability to all agricultural holdings

   (European Parliament and Council Regulations No 1306/2013, Arts 72(1)(a), 91(1) and (2), 93(1) and 94 No 1307/2013, Art. 4(1)(b), (c) and (e))

1.  Article 93(1), Article 94 and Annex II to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 must be interpreted as not precluding a Member State from requiring, as a standard for good agricultural and environmental conditions referred to in that Annex II, the preservation, on an agricultural area, of cairns marked by stones, the removal of which breaches such a requirement and, consequently, the reduction of payments owed to the farmer concerned.

   As was provided for in Annex IV to Regulation No 1782/2003, the GAEC 7 standard, included in Annex II to Regulation No 1306/2013 and whose main topic is entitled ‘Landscape, minimum level of maintenance’, includes the retention of landscape features amongst the requirements and standards to be complied with in that regard. Among the landscape features referred to in Annex II to that regulation are hedges, ponds, ditches, trees in line, in group or isolated, field margins and terraces. Since the concept of ‘landscape features’ is not defined by Regulation No 1306/2013, it is necessary to interpret it, as was noted by the Advocate General in point 26 of her Opinion, taking into account its usual meaning and the context in which it is generally used (see, to that effect, judgment of 16 July 2009, Horvath, C‑428/07, EU:C:2009:458, paragraph 34).

   In that regard, it should be noted that a restrictive interpretation of the concept of ‘landscape features’, which, in particular, would exclude features resulting from human intervention — would be inconsistent with the discretion which Member States enjoy, in accordance with Article 94 of that regulation, in order to define the minimum requirements relating to good agricultural and environmental conditions (see, to that effect, judgment of 16 July 2009, Horvath, C‑428/07, EU:C:2009:458, paragraph 37). In that regard, the Court has held that landscape features are physical elements of the environment and that the requirements relating to the retention of those features must contribute to their preservation as such (judgment of 16 July 2009, Horvath, C‑428/07, EU:C:2009:458, paragraph 41). The conservation of cairns marked by stones contributes to the safeguard of the cultural and historical heritage of Member States as physical elements of the environment.

   (voir points 41, 43-47, operative part 1)

2.  Article 72(1)(a), Article 91(1) and (2), Article 93(1) and Article 94 of Regulation No 1306/2013 and Article 4(1)(b), (c) and (e) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 must be interpreted as meaning that the requirements relating to good agricultural and environmental conditions, provided for by Regulation No 1306/2013 must be complied with on the whole of the agricultural holding and not solely on the agricultural area in respect of which the payment is specifically requested.

   First, the requirements derived from those rules must, in accordance with recital 54 of that regulation, be connected with agricultural activity or farming land, which translates into a requirement to comply with those rules also with regard to land which is no longer used for farming, as is provided for by Article 94 of that regulation. Secondly, if non-compliance with those rules were penalised only where it concerned an agricultural area in respect of which aid was requested, there would exist a risk of circumvention of the rules on cross-compliance by farmers. As the Advocate General stated in point 58 of her Opinion, it suffices for those purposes that, for one year, a farmer does not include in his request for aid a parcel of land containing a landscape feature which is inconvenient for his activity, which he could move or dismantle before, the following year, including that area in his request for aid, without risking any administrative penalties.

   (see paras 53-55, operative part 2)