Navarra adapts CAP conditionality with new agricultural exemptions

The Counselor of Rural Development and Environment, José María Aierdi Fernández de Barrena, has signed Foral Order 8/2026, of September 2, which modifies Foral Order 7/2024, of January 17, regulating the enhanced and social conditionality of the CAP in Navarra. The provision is published in the Official Gazette of Navarra number 186, corresponding to Friday, September 18, 2026, on pages 33742 to 33753, with reference F2612065. The regulation enters into force the day following its publication, but its effects are retroactive to January 1, 2026.

An adjustment derived from the new European regulation

The modification responds to Regulation (EU) 2025/2649, of December 19, 2025, which reformed Regulations (EU) 2021/2115 and 2021/2116 to introduce flexibilities in the SMR rules and in the penalty system. At the state level, the order is based on Royal Decree 1049/2022, of December 27, and Delegated Regulation (EU) 2022/1172, of May 4, 2022.

The Government of Navarra justifies the change based on the need to adapt the assessment and calculation of penalties to regional particularities, given that the national control plan lacks sufficient legal-regulatory foundation. The processing included the prior public consultation procedure, in accordance with Foral Law 11/2019, of March 11.

Exemptions by farm size

• Farms with up to 10 hectares of eligible agricultural area: exempt from enhanced conditionality controls and the penalty system.
• Farms with up to 30 hectares of declared agricultural area: exempt from controls and penalties regarding SMR 7 (crop rotation and diversification).
• Areas certified or in conversion to organic production according to Regulation (EU) 2018/848: considered compliant with SMR 1, 3, 4, 5, 6, and 7.
• Temporary exceptions due to adverse weather conditions, plant diseases, or pest infestations, limited to the affected areas and persons.

Flexibilities in good agricultural conditions

The order rewrites several SMRs in Annex I. In SMR 5, plowing in the direction of maximum slope is prohibited when the slope is equal to or greater than 10%, with an exemption for plots of up to 1 hectare and no need for prior authorization in vineyards. In SMR 6, fallow plots must maintain a minimum vegetation cover of 30% of the area, and prior technical reports are accepted to advance tasks or apply exceptional treatments, sent to inspecciones@navarra.es.

BCAM 7 allows for two paths: rotation —at least 33% of the surface with a different main crop each year and a change of crop every three years— or diversification —two crops between 10 and 30 hectares and three above 30—. BCAM 10.3 prohibits the application of slurry using plate, fan, and cannon systems and requires manure to be buried within the following 24 hours.

Penalties: from 1% to 100%

The new Annex V establishes the evaluation of non-compliance based on severity (slight, serious, very serious), scope (only the holding or with external repercussions), and persistence. The general reduction is 3% of the payment amount, with the following brackets:

• 1% for unintentional non-compliance, with a minimum of 0.5% if detected by the area monitoring system.
• 5% for the most serious cases and up to 10% if an unintentional non-compliance has serious consequences or poses a risk to public or animal health.
• 10% when the non-compliance persists or is repeated for three consecutive calendar years.
• At least 15%, extendable up to 100%, for intentional non-compliance.
• Global limits: 5% (non-recurring unintentional), 10% with serious consequences, 20% with recurrence, and 100% if there is intentionality.

Social conditionality and authorizations

Annex VI regulates social conditionality, with the Directorate General for Social Economy and Labor as the sanctioning authority on labor matters and the Directorate General for Rural Development as the entity responsible for applying the penalties. The percentages range from 1% (slight) to 3% (serious), 5% (very serious), 7% if it affects the health of the workers, 10% for recurrence, 15% for intentionality, and total exclusion from payments in very serious cases repeated for three years with damage to occupational health.

The authorizations for the BCAMs correspond to the Inspections Section (BCAM 5 and 6), the Plant Production and Health Section (BCAM 4), the Directorate General for the Environment (BCAM 8), and the Forestry and Hunting Service (BCAM 3).

The order affects the entire Navarrese agricultural sector receiving direct payments and certain annual rural development payments, which must adjust its crop planning and practices to the new exemption thresholds and the penalty brackets already in effect for the current campaign.

Source: Official Gazette of Navarra, no. 186, September 18, 2026, section I.1.3 Foral Orders, pp. 33742-33753 (official reference: F2612065).