This is a judgment by the Court of Justice of the European Union (CJEU) regarding the validity of Commission Implementing Decision (EU) 2022/484. The case was brought to the CJEU by the Conseil d’État (Council of State, Belgium) in a dispute between Ligue royale belge pour la protection des oiseaux ASBL (a Belgian bird protection association) and the Région wallonne (Walloon Region, Belgium). The core issue is whether the Implementing Decision 2022/484, which allows temporary derogations from certain greening payment conditions under the Common Agricultural Policy (CAP) due to the invasion of Ukraine by Russia, is valid.
The judgment examines the validity of Implementing Decision 2022/484, which provides derogations from Regulation (EU) No 1307/2013 and Delegated Regulation (EU) No 639/2014 concerning greening payments for the claim year 2022. These derogations allowed Member States to consider land lying fallow as a distinct crop and ecological focus area, even if it was grazed, harvested, or cultivated, and to permit the use of plant protection products on such land. The Court assesses whether the decision complies with Article 69 of Regulation No 1307/2013 and Article 45 of Delegated Regulation No 639/2014, focusing on the obligation to state reasons and the necessary and justifiable nature of the measures.
The Court concludes that Implementing Decision 2022/484 is valid. It finds that the decision adequately states the reasons for its adoption, particularly concerning the emergency caused by the Russian invasion of Ukraine and the need to increase agricultural production potential. The Court also determines that the derogations are proportionate, as they are limited in scope and duration, and Member States are required to consider environmental objectives when implementing them.
**** This act is related to the consequences of the invasion of Ukraine by Russia, which led to the adoption of Implementing Decision 2022/484 to mitigate the impact on agricultural production within the EU.
