Ecological Focus Areas
18.—(1) For the purposes of the first sub-paragraph of Article 46(2) of the Direct Payments Regulation, the areas mentioned in points (a) (land lying fallow), (d) (buffer strips), (i) (areas with catch crops or green cover) and (j) (areas with nitrogen-fixing crops) and, subject to paragraph (2), point (c) (landscape features), are ecological focus areas.
(2) For the purposes of the second sub-paragraph of Article 45(4) of the Direct Payments Delegated Regulation, landscape features are limited to field margins as listed in point (e) of the first sub-paragraph of Article 45(4).
(3) For the purposes of Article 45(5) of the Direct Payments Delegated Regulation—
(a)the minimum width of buffer strips, other than buffer strips along water courses required under GAEC 1, SMR 1 or SMR 10, is 2 metres; and
(b)cutting is permitted on buffer strips provided the buffer strip remains distinguishable from adjacent agricultural land.
(4) In paragraph (3)(a), the reference to “GAEC 1” is to the relevant standard for good agricultural and environmental condition as specified in paragraph 1 of part 2 of Schedule 1 to the Common Agricultural Policy (Cross-compliance) (Scotland) Regulations 2014(1), and the references to “SMR 1” and “SMR 10” are to the relevant statutory management requirements, as referred to in Annex II to the Horizontal Regulation.
(5) For the purposes of Article 45(9) of the Direct Payments Delegated Regulation—
(a)areas under catch crops may be established by under sowing perennial rye grass (Lolium perenne) or Italian rye grass (Lolium multiflorum) in the main crop provided that the grass and the main crop are sown during the period beginning on 1st March and ending on 1st August in any calendar year; and
(b)areas under green cover may be established by sowing a mixture of at least 2 of the crop species listed in Part 1 of Schedule 2, provided that the mixture of crop species is sown during the period beginning on 1st March and ending on 1st October in any calendar year.
(6) For the purposes of Article 45(10) of the Direct Payments Delegated Regulation, nitrogen-fixing crops are those listed in Part 2 of Schedule 2 and a farmer growing nitrogen fixing crops must comply with the conditions set out in Part 3 of Schedule 2.
(7) For the purposes of Article 46(3) of the Direct Payments Regulation, the weighting factors set out in Annex X to that Regulation apply to the ecological focus areas mentioned in paragraph (1).