
Article 1 
Delegated Regulation (EU) No 639/2014 is amended as follows:

((1)) in Article 43, paragraph 3 is replaced by the following:
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3. Member States shall adapt the reference ratio if they assess that there is a significant impact on the evolution of the ratio due to, in particular, a change in the area under organic production, a change in the population of participants in the small farmer scheme or when a Member State takes a decision in accordance with point (a), (b) or (c) of the third subparagraph of Article 4(2) of Regulation (EU) No 1307/2013. In such situations, Member States shall inform the Commission without delay of the adaptation made and the justification for that adaptation.';
((2)) in Article 44, paragraph 1 is replaced by the following:
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1. Member States may provide for the individual obligation of farmers not to convert, including, where they apply point (a) of the third subparagraph of Article 4(2) of Regulation (EU) No 1307/2013, not to plough, areas of permanent grassland without prior individual authorisation. The farmers shall be informed of that obligation without delay and in any case before 15 November of the year in which the Member State concerned so provides. That obligation shall only apply to farmers who are subject to the obligations under Chapter 3 of Title III of Regulation (EU) No 1307/2013 with respect to areas of permanent grassland that are not subject to Article 45(1) of Regulation (EU) No 1307/2013.The issuing of an authorisation may depend on the application of objective and non-discriminatory criteria, including environmental criteria. If the authorisation referred to in the first subparagraph is subject to the condition that another area of a corresponding number of hectares is to be established as permanent grassland or, where the Member State applies point (a) of the third subparagraph of Article 4(2) of Regulation (EU) No 1307/2013, to the condition that another or the same area is established as permanent grassland, that area shall, by way of derogation from Article 4(1)(h) of Regulation (EU) No 1307/2013, be considered as permanent grassland as of the first day after the conversion, including the ploughing. Such areas shall be used to grow grasses or other herbaceous forage at least for the five consecutive years following the date of conversion including the ploughing. However, if the Member State so decides, where farmers convert areas which were already used to grow grasses and other herbaceous forage into areas of permanent grassland, such areas shall be used to grow grasses or other herbaceous forage for the remaining number of years needed in order to reach the five consecutive years.';
((3)) Article 45 is amended as follows:

((a)) paragraph 2 is replaced by the following:
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2. On land lying fallow and land lying fallow for melliferous plants (pollen- and nectar-rich species) there shall be no agricultural production. Member States shall fix a period during which the land must be lying fallow in a given calendar year. That period shall not be shorter than six months. As regards areas under land lying fallow for melliferous plants, Member States shall 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 must not appear on the list. Such areas shall not include areas under crops normally sown for harvesting. Member States 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.';
((b)) the following paragraph 8a is inserted:
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8a. On areas with Miscanthus and Silphium perfoliatum Member States shall ban the use of plant protection products except in the first year in which the two species are established by a farmer. Member States 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.'.
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
It shall apply to aid applications relating to calendar years starting as from 1 January 2018.
Point 3 of Article 1 shall apply to aid applications relating to calendar years starting as from 1 January 2019.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 9 July 2018.
For the Commission
The President
Jean-Claude JUNCKER