Annex III of the CAP Strategic Plans Regulation (EU) 2021/2115 sets out the conditionality rules that farmers seeking CAP payments should follow. Under the climate and environment heading, and with the intention to protect the quantity and quality of biodiversity, GAEC standard 8 required a minimum share of the agricultural area devoted to non-productive areas and features, with a derogation for holdings where more than 75% of the area is used for permanent grassland or for the production of grasses or other herbaceous forage, or for the cultivation of crops under water. Holdings with an arable area less than 10 hectares were also exempt, as were certain holdings in areas of natural constraints in Member States with more than 50% of their total land surface area covered by forests.
Specifically, this obligation could be fulfilled in several ways:
- Minimum share of at least 4% of arable land at farm level devoted to non-productive areas and features, including land lying fallow.

