The EU Commission’s proposal on greening obliges farmers to comply with three greening criteria in order to attract the greening payment. These criteria are crop diversification, maintenance of permanent pasture and establishment of ecological focus areas. The criteria and conditions for receipt of the greening payment are still under active discussion between the EU Commission, Council of Agriculture Ministers and the European Parliament and there is no certainty as yet regarding the final outcome.
There is no reason to suppose that farmers in receipt of derogations under the nitrates directives would not be entitled to these payments, provided, of course, they met all of the conditions set. Ultimately, however, this cannot be confirmed until the negotiations are finalised.