The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015

Regulation 11(1) and (2)

SCHEDULE 1 Agricultural activity: further criteria

PART 1 Criteria established for the purposes of Article 4(1)(c)(ii) of the Direct Payments Regulation: maintaining an agricultural area in a state which makes it suitable for grazing or cultivation

1.  The criteria are—

(a) in respect of agricultural areas other than agricultural areas naturally kept in a state suitable for grazing or cultivation, a farmer must—

(i) take action to control injurious weeds to which the Weeds Act 1959(1) applies; and

(ii) maintain access to those areas for livestock or farm machinery and, where those areas include permanent grassland, maintain existing stock proof boundaries and water sources for livestock; and

(b) in respect of arable land, a farmer must take action to prevent the encroachment of scrub on that land.

PART 2 Minimum activity for the purposes of Article 4(1)(c)(iii) of the Direct Payments Regulation

2.—(1) A farmer must—

(a) stock the land for a period or periods totalling not less than 183 days in any calendar year, in accordance with the minimum stocking density; or

(b) carry out an environmental assessment of the land in each calendar year which comprises—

(i) a map and description of the farm environment;

(ii) surveys of breeding birds, mammals, butterflies and plant health; and

(iii) monitoring of habitats.

(2) In this Part—

“dairy ring fence area” has the meaning given in Part 3 of this Schedule;

“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitute one livestock unit—

(a)

one beef cow over 24 months of age;

(b)

1.66 beef cows over 20 months and up to and including 24 months of age;

(c)

within the dairy ring fence area, one dairy cow over 24 months of age;

(d)

within the dairy ring fence area, 1.66 dairy cows over 20 months and up to and including 24 months of age;

(e)

6.66 breeding ewes or gimmers;

(f)

6.66 breeding female goats kept as part of a regular breeding herd for fibre production;

(g)

3.33 breeding female farmed deer aged 27 months and over;

(h)

5 breeding female farmed deer aged over 6 months but less than 27 months of age; or

(i)

3.33 breeding female llamas kept as part of a regular breeding herd; and

“minimum stocking density” means—

(a)

a stocking density of 0.05 livestock units per hectare; or

(b)

a stocking density of less than 0.05 livestock units per hectare where the farmer can demonstrate that such a stocking density is appropriate for the land by reference to—

(i)

the historic records kept in respect of the carrying capacity of the holding; or

(ii)

an environmental management agreement which the farmer has entered into with Scottish Natural Heritage(2) or an agri-environment commitment to which the farmer is subject under Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) etc(3) or under Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005(4).

PART 3 Meaning of dairy ring fence area

In Part 2, “dairy ring fence area” means—

(a)

the islands of Shetland;

(b)

the islands of Orkney;

(c)

the islands of Islay, Jura, Arran, Bute, Great Cumbrae, Little Cumbrae and the Kintyre Peninsula south of Tarbert;

(d)

the islands of the Outer Hebrides and the Inner Hebrides; and

(e)

the areas of land within Argyll and Bute Council comprising those parts of the parishes of Dunoon and Kilmun and Inverchaolain bounded as follows—

Starting in the North on the shore of Loch Striven at point national grid reference NS/095708; then in an easterly direction along the Ministry of Defence boundary to point national grid reference NS/098708; then in a northerly direction along the Ministry of Defence boundary to point national grid reference NS/097711; then in a north-easterly direction along the Ministry of Defence boundary to point national grid reference NS/098711; then in a northerly direction along the Ministry of Defence boundary to point national grid reference NS/098712; then in a north north-easterly direction along the Ministry of Defence boundary to point national grid reference NS/099713; then in a north-easterly direction to point national grid reference NS/103714; then in a southeasterly direction to point national grid reference NS/107712; then in a easterly direction along the forestry fence to point national grid reference NS/111712; then in a southerly direction along the forestry fence to point national grid reference NS/110708; then in a south-easterly direction along the forestry fence to point national grid reference NS/112707; then in a south south-easterly direction along the forestry fence to point national grid reference NS/113704; then in a south-easterly direction to point national grid reference NS/114704; then in a southerly direction along the forestry fence to point national grid reference NS/114699; then in a south-westerly direction along the forestry fence to point national grid reference NS/112699; then in a south south-westerly direction along the forestry fence to point national grid reference NS/11163 where the forestry fence meets the A815; then in a southerly direction along the A815 to point national grid reference NS/112689; then in a north-easterly direction along the forestry fence to point national grid reference NS/114690; then in an east south-easterly direction along the forestry fence to point national grid reference NS/117688; then in a southerly direction along the forestry fence to point national grid reference NS/116685; then in a westerly direction to point national grid reference NS/114685 where the forestry fence meets a track; then in a southerly direction down the track to point national grid reference NS/114683; then in a westerly direction down a burn to point national grid reference NS/112682 where the burn meets the A815; then in a southerly direction down the A815 to point national grid reference NS/111679; then in a westerly direction to point national grid reference NS/110679 at the high water mark; then in a westerly direction for approximately 1200 metres which then turns in a northerly direction all along the shore back to the starting point of national grid reference NS/095708.

Regulation 18(5) and (6)

SCHEDULE 2 Ecological focus areas: further criteria

PART 1 Crop species that may be used in a mixture of crop species for the purposes of Article 45(9) of the Direct Payments Delegated Regulation in relation to areas under green cover

• Rye (Secale cereale)

• Vetch (Vicia sativa)

• Phacelia (Phacelia spp)

• Barley (Hordeum vulgare)

• Mustard (Sinapsis alba)

• Oats (Avena sativa)

• Alfalfa (Medicago stiva)

PART 2 Nitrogen-fixing crops for the purposes of Article 45(10) of the Direct Payments Delegated Regulation

• Alfalfa (Medicago stiva)

• Beans (Vicia)

• Birdsfoot trefoil (Lotus corniculatus)

• Chickpeas (Cicer)

• Clover (Trifolium)

• Faba bean (Vicia faba)

• Lentils (Culinaris)

• Lupins (Lupinus)

• Peas (Pisum)

• Vetch (Vicia sativa)

PART 3 Additional conditions for the purposes of Article 45(10) of the Direct Payments Delegated Regulation

1.  Nitrogen-fixing crops must not be harvested before 1st August in any calendar year.

2.  Areas with nitrogen-fixing crops must be surrounded by a field margin with a minimum width of 1 metre and a maximum width of 20 metres.

(1)

1959 c.54.

(2)

Scottish Natural Heritage was established under section 1 of the Natural Heritage (Scotland) Act 1991 (1991 c.28).

(3)

OJ L 277, 21.10.2005, p.1, as last amended by Regulation (EU) No 1312/2011 of the European Parliament and of the Council (OJ L 339, 21.12.2011, p.1). Regulation 1698/2005 was repealed subject to savings by Article 88 of Regulation (EU) No 1305/2013.

(4)

OJ L 347, 20.12.2013, p.487, as amended by Regulation (EU) No 1310/2013 (OJ L 347, 20.12.2013, p.865).