Castilla-La Mancha sets the CAP enhanced conditionality and its penalties

The Regional Ministry of Agriculture, Livestock and Rural Development of Castilla-La Mancha has approved Order 135/2026, of September 23, which establishes the enhanced and social conditionality requirements applicable to recipients of direct payments and certain annual rural development payments. The provision is published in the Official Gazette of Castilla-La Mancha (DOCM) no. 189, of October 1, 2026, under reference 2026/6959, and enters into force the day following its publication, October 2. Failure to comply with these requirements implies a reduction in payments or the exclusion of the producer from the aid scheme.

Conditionality is the set of statutory management requirements (SMR) and good agricultural and environmental conditions (GAEC) that the beneficiary must respect to receive the aid in full. The order develops Royal Decree 1049/2022, of December 27, at the regional level and replaces Order 143/2023, of July 5, which is repealed along with its modifications, Order 151/2024 and Order 200/2024.

The text arrives after three years of application of the CAP Strategic Plan (Pepac) 2023-27 and responds to the changes introduced by Regulation (EU) 2025/2649, of December 19, 2025, and Regulation (EU) 2024/1468, of May 14, 2024, as well as by Royal Decree 567/2024, of June 18, and Decree 80/2025, of October 14, regarding areas vulnerable to nitrate pollution. The signature corresponds to the regional minister Julián Martínez Lizán, in Toledo, on September 23, 2026.

Who it binds and what areas it covers

Enhanced conditionality applies to holdings with more than 10 hectares of declared agricultural area. It covers three areas of control: Climate and Environment (climate change, water, soil, biodiversity and landscape), Public Health and Phytosanitary (food safety and phytosanitary products) and Animal Welfare. Social conditionality focuses on employment—transparent and predictable working conditions—and on the health and safety of workers.

Decoupled and coupled direct payments, annual payments for areas and animals, and beneficiaries of the wine sector are covered. Holdings of up to 30 hectares of declared agricultural area are exempt from controls and penalties of GAEC-7, and no penalties will be applied to holdings of 10 hectares or less.

Controls, deadlines and electronic processing

The Paying Agency and a specialized control body integrated into the General Secretariat—independent of the payer—share the functions. A regional control plan will be drawn up each year, communicated to the Spanish Agricultural Guarantee Fund (FEGA) within one month of its approval, featuring administrative, on-the-spot, and monitoring controls.

• 100% administrative controls for the obligated beneficiaries in BCAM 1, BCAM 2, BCAM 7, and BCAM 9.
• Control report to the beneficiary within a maximum of three months from the end of the control.
• 15-day hearing process in the contradictory procedure.
• Resolution notified within a maximum of three months from the preparation of the report.
• Administrative appeal (recurso de alzada) before the counselor within one month, via electronic means.

The processing and resolution of the files will be electronic, in accordance with Law 39/2015, of October 1.

Penalties: from 3% to total exclusion

Annex IV details the calculation of reductions and exclusions, which considers the severity, scope, persistence, recurrence, and intentionality of the non-compliance.

• Negligence: general reduction of 3% of the total amount.
• Recurrence, understood as the same non-compliance in three consecutive calendar years: 10% of the total amount.
• Multiple areas of non-compliance: up to a maximum of 5% if there is no recurrence; between 10% and 20% if they are recurrent.
• Intentional non-compliance: reduction of no less than 15%, with possible total exclusion from one or several aid schemes for one or several years.

Obligations with serious consequences or direct risk to human or animal health receive at least a letter C in their classification and a reduction greater than 3%.

Simplification and adjustments for the sector

The regulation introduces flexibilities to lighten the administrative burden: exemption for holdings from 10 to 30 hectares in BCAM-7, exemptions for organic farming areas in BCAM 1, 3 to 7, adaptation of RLG-2 to the nitrate vulnerable zones program, and a global redefinition of BCAM-7. Temporary exceptions justified by adverse weather conditions, plant diseases, or pests are also contemplated.

The paper farm record book is mandatory from January 1, 2026, unless the digital record book, which is voluntary, is chosen.

The order affects the entire regional agricultural sector receiving CAP aid: it precisely defines what is controlled, within what timeframes, and with what discounts, and reinforces the legal certainty of the recipients by unifying environmental, health, animal welfare, and labor requirements in a single text. For larger holdings, the margin of error translates directly into euros: negligence costs 3% of the payment, and intentional non-compliance can leave the beneficiary out of the aid scheme.

Source: Official Gazette of Castilla-La Mancha (DOCM), no. 189, of October 1, 2026, section I (General Provisions), page 33463 (official reference: 2026/6959).