The compatibility of the new CAP legislative proposal with existing EU law requirements

ClientEarth argues that the European Commission's proposal to revise CAP regulations breaches several EU legal requirements, including the CAP Strategic Plans Regulation, the Treaty on European Union, and the European Climate Law, primarily due to the removal of environmental standards and the absence of required impact and climate consistency assessments.

• The legislative proposal to revise CAP regulations would breach Articles 5, 6, and 105 of the CAP Strategic Plans Regulation (CAP SPR) if adopted without substantial changes. ClientEarth argues that the proposal's focus on flexibility and reducing administrative burdens undermines the mandatory environmental objectives that Member States must effectively contribute to through their strategic plans.
• The proposal specifically risks breaching Article 105 of the CAP SPR by backtracking on environmental ambition. This is evidenced by the deletion of the GAEC standard 8 requirement to devote a minimum share of agricultural area to non-productive features (generally 4%) and the introduction of exemptions for GAEC standards 5, 6, 7, and 9.
• The European Commission failed to conduct a required impact assessment, which ClientEarth asserts is a breach of the Treaty on European Union and Court of Justice of the EU (CJEU) case-law. The document argues that 'political urgency' resulting from farmers' protests does not justify the removal of environmental requirements without sufficient scientific data or stakeholder consultation.
• The legislative proposal is in breach of Article 6(4) of the European Climate Law because the Commission did not perform or publish a climate consistency assessment. This assessment is a legally binding requirement to ensure draft measures align with the Union's 2030 and 2040 climate targets.

APA

ClientEarth (2024). The compatibility of the new CAP legislative proposal with existing EU law requirements. https://www.clientearth.org/media/yaakzmx2/clientearth-answer-to-ep-legal-opinion-of-15-april-2024.pdf

Chicago

ClientEarth. The compatibility of the new CAP legislative proposal with existing EU law requirements. 2024. https://www.clientearth.org/media/yaakzmx2/clientearth-answer-to-ep-legal-opinion-of-15-april-2024.pdf.

Wikipedia

{{cite press release |author=ClientEarth |title=The compatibility of the new CAP legislative proposal with existing EU law requirements |date=24 April 2024 |url=https://www.clientearth.org/media/yaakzmx2/clientearth-answer-to-ep-legal-opinion-of-15-april-2024.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{clientearth2024compatibility, author = {{ClientEarth}}, title = {{The compatibility of the new CAP legislative proposal with existing EU law requirements}}, publisher = {ClientEarth}, year = {2024}, month = apr, url = {https://www.clientearth.org/media/yaakzmx2/clientearth-answer-to-ep-legal-opinion-of-15-april-2024.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }