Judgment_paragraph 53 · Asociación Española de Productores de Vacuno de Carne (Asoprovac) v Administración General del Estado (C-708/22)

53Delegated Regulation No 639/2014, which was adopted for that purpose, while stating, in recital 4 thereof, that Member States, when adopting measures to implement EU law, should exercise their discretion in compliance, inter alia, with the principle of non-discrimination, is limited in providing, in Article 4(1) thereof, that Member States are to establish the criteria that farmers are to meet in order to fulfil the obligation to maintain the agricultural area in a state suitable for grazing or cultivation, without preparatory action going beyond usual agricultural practices or machineries, in either or both of the following ways: namely, in essence, by requiring the farmer to carry out at least one annual activity and/or by setting out the characteristics to be met by an agricultural area in order to be deemed maintained in a state suitable for grazing or cultivation. Paragraph 2 of that article provides that, when defining those criteria, Member States may distinguish between different types of agricultural areas.

Asociación Española de Productores de Vacuno de Carne (Asoprovac) v Administración General del Estado (C-708/22)

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