# C_2018352EN.01001202.xml

| 1.10.2018 | EN | Official Journal of the European Union | C 352/12 |
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1.10.2018

EN

Official Journal of the European Union

C 352/12

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Judgment of the Court (Third Chamber) of 7 August 2018 (request for a preliminary ruling from the Tartu Halduskohus — Estonia) — Argo Kalda Mardi talu v Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

(Case C-435/17) (1)

((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))

(2018/C 352/16)

Language of the case: Estonian

Referring court

Tartu Halduskohus

Parties to the main proceedings

Applicant: Argo Kalda Mardi talu

Defendant: Põllumajanduse Registrite ja Informatsiooni Amet (PRIA)

Operative part of the judgment

| 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. |
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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.

| 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. |
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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.

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(1)  OJ C 338, 9.10.2017.

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