Protected Crops and Intensive Agriculture under Plastic. Instant regulatory answers.

Article 18 of Royal Decree 1075/2014 on CAP implementation regulates direct payments to farmers. Covered crops (greenhouses, tunnels) are eligible for CAP direct payments provided agricultural activity is maintained and plots are registered in SIGPAC. The Strategic CAP Plan 2023-2027 (EU Regulation 2021/2115) includes specific eco-schemes for sustainable management practices applicable to covered-crop operations. In Catalonia, agro-rural subsidies are managed by DARP, which publishes annual calls for complementary grants. It is essential that the area declared in SIGPAC matches reality; any discrepancy may result in penalties or exclusion from payment.

Directive 91/676/EEC (Nitrates Directive) and its transposition into Catalan law via Decree 136/2009 establish vulnerable zones subject to mandatory action programmes. In vulnerable zones the limit for livestock-origin nitrogen is 170 kg N/ha per year under the general regime. For intensive horticultural crops under plastic, DARP may authorise up to 210 kg N/ha under specific documented conditions. Farms larger than 0.5 ha in a vulnerable zone must have a fertilisation plan, and all applications must be recorded in the farm notebook. Non-compliance can lead to fines and loss of CAP payments linked to enhanced conditionality (EU Regulation 2021/2115 Art. 12).

Installation of a greenhouse on agricultural land in Catalonia is regulated by Legislative Decree 1/2010 approving the consolidated Urban Planning Act. On non-developable land with special agricultural protection, greenhouses are treated as permitted agricultural installations, but they require a prior communication or minor works licence from the municipality depending on size and type of structure. Fixed structures larger than 500 m² generally require a technical project and full works licence. Additionally, if the operation exceeds certain production thresholds, an environmental authorisation may be required under Law 20/2009 on prevention and environmental control in Catalonia.

Regulation EC 1107/2009 establishes the EU authorisation framework for plant protection products. Each product must be listed in MAPA's Register of Plant Protection Products. For covered-crop uses, it must be verified that the product label explicitly states its use in covered cultivation or greenhouse conditions; many products are authorised for outdoor use only. Application of plant protection products requires the operator to hold a plant protection handler certificate (Royal Decree 1311/2012). Maximum residue limits (MRLs) set in Regulation EC 396/2005 and pre-harvest intervals must be respected — these are especially critical for export crops.

Regulation EC 178/2002, establishing general principles of food law, requires traceability at all stages of production, processing and distribution. For horticultural producers this means: (1) recording all inputs — seeds, fertilisers, pesticides with batch numbers and application dates; (2) maintaining an up-to-date farm notebook (mandatory for pesticide users under RD 1311/2012); (3) identifying production lots linked to specific plots; (4) keeping residue analysis records where produce is sold directly. Farms supplying supermarkets or cooperatives face additional traceability requirements under private standards (GlobalGAP, EurepGAP) that complement legal obligations.

Law 7/2022 on waste and contaminated soil for a circular economy transposes EU Directive 2018/851 and sets a strict framework for agricultural plastic waste. Farmers are waste producers and must manage their plastic waste through an authorised waste manager; abandonment and open-air burning are prohibited. In Catalonia, DARP coordinates collective collection systems for agricultural plastics (SIGFITO Agroambé for pesticide containers; specific agreements for mulch films and covering sheets). Delivery notes from the authorised waste manager must be kept on file. From 2025 onwards, Law 7/2022 strengthens extended producer responsibility, and new agricultural plastic recycling targets are expected that may affect operating costs for intensive growers.