The Ministry of Agriculture and Rural Development (MADR) specifies that, according to Article 48 of Regulation (EU) No. 1305/2013, "for operations carried out under Articles 28, 29, 33, and 34, a revision clause is provided to allow adjustments in case of changes to the relevant mandatory standards, requirements, or obligations specified in the respective articles that commitments must exceed."

Paragraph 2 states that "operations carried out under Articles 28, 29, 33, and 34 that exceed the current programming period contain a revision clause to allow adjustments to the legal framework of the next programming period."

The same article, in the third paragraph, states that "if the adjustment is not accepted by the beneficiary, the commitment ceases, and reimbursement is not requested for the period during which the commitment has produced effects." These provisions are also included in the National Rural Development Program (PNDR) 2014-2020.

In the fact sheet for Measure 10 - agri-environment and climate in PNDR 2014-2020, the relevant mandatory standards established under Article 28 of Regulation (EU) No. 1305/2013, the relevant criteria and minimum activities as set out under Article 4(1)(c)(ii) and (iii) of Regulation (EU) No. 1307/2013, and the relevant minimum requirements for the use of fertilizers and plant protection products, as well as other relevant mandatory requirements provided in domestic law, are identified.

Based on Article 155(3) of Regulation (EU) 2021/2115, starting from 2024, expenses for ongoing commitments under Measure 10 - agri-environment and climate in PNDR 2014-2020 are included in the budget of the Strategic Plan (SP) CAP 2023-2027.

Therefore, in accordance with Article 6 of Regulation 2020/2220, starting from the application year 2024, these commitments must comply with the conditions specified in Regulation (EU) 2021/2115 and SP CAP 2023-2027.

The Common Agricultural Policy (CAP) for the period 2023-2027 has revised the system of eco-conditionality, replacing it with the new system of conditionality that contributes more to environmental and biodiversity conservation, adaptation to the effects of climate change, public health, plant health, and animal welfare.

Thus, the conditionality rules address multiple main objectives and are stricter than those for eco-conditionality in terms of obligations for farmers.

In these conditions, for ongoing commitments from PNDR 2014-2020, starting from 2024, the eco-conditionality rules established by Order MADR/MMAP/ANSVSA No. 352/636/54/2015, with subsequent modifications, implicitly basic requirements (relevant mandatory standards, requirements, or relevant obligations specified in the respective articles that commitments must exceed) will be replaced with conditionality rules, specifically Article 155(3) of Regulation (EU) 2021/2115:

"Expenditures related to legal commitments to beneficiaries under the multiannual measures mentioned in Articles 22, 28, 29, 33, and 34 of Regulation (EU) No. 1305/2013 may be eligible for an FEAD contribution during the programming period of the CAP." Article 6 of Regulation (EU) 2020/2220:

"Expenditures related to legal commitments to beneficiaries made under Regulation (EU) No. 1305/2013 and certain types of expenditures made under Council Regulations (EC) No. 1698/2005 and (EC) No. 1257/1999 may be eligible for an FEAD contribution during the period 2023-2027, starting from January 1, 2023, subject to conditions to be established in accordance with the legal framework of the CAP applicable during the period 2023-2027."

Therefore, considering that some of the basic requirements that commitments from PNDR 2014-2020 must exceed consist of eco-conditionality requirements (GAEC/SMR) relevance, applying conditionality to these commitments starting from 2024 leads to their modification by replacing them with relevant GAEC/SMR requirements from conditionality.

Hence, based on Article 48 of Regulation (EU) No. 1305/2013, changes to the basic requirements may allow beneficiaries of Measure 10 - agri-environment and climate with ongoing commitments from PNDR 2014-2020 to access a revision clause.

Considering that most commitments ongoing in 2024 for Measure 10 were opened before the approval of the Strategic Plan CAP 2023-2027 (in 2020 for P1-P6, P9, and P11, or in the period 2020-2023 for P7, P8, and P10), which provides new conditionality rules that led to modifications of basic requirements applicable to multiannual commitments, beneficiaries could not anticipate the changes in conditions applied to these commitments.

In this context, taking into account the changes made to the standards provided by Article 48 of Regulation (EU) No. 1305/2013, a revision clause should be activated for Measure 10 in 2024, so that beneficiaries of Measure 10 can access it during the payment application period for the 2024 campaign.

Thus, the legislative and procedural framework that will be applied to payment applications submitted by farmers in 2024 must provide for the possibility of accessing this revision clause by Measure 10 beneficiaries, and the information and promotion materials must ensure wide-scale information to farmers about this option for early closure of ongoing commitments.