The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016

Amendment to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015

3.  After regulation 15 (national reserve), insert—

“Obligations to comply with agricultural practices beneficial for the climate and the environment

15A.— (1) For the purposes of Article 43(3) of, and the sixth sub-paragraph (fertiliser regime) of point II(1) of Annex IX to, the Direct Payments Regulation, a farmer must comply with the applicable obligations(1).

(2) In paragraph (1), “the applicable obligations” means—

(a) in relation to the cultivation of crops, the crop diversification obligation applicable under and in accordance with—

(i) Article 44 of the Direct Payments Regulation and Article 40 of the Direct Payments Delegated Regulation; and

(ii) regulation 16;

(b) in relation to areas of permanent grassland, the obligation—

(i) not to convert or plough areas of permanent grassland designated as environmentally sensitive for the purposes of the first sub-paragraph of Article 45(1) of the Direct Payments Regulation and regulation 17(1); and

(ii) to prepare a plan in respect of the application of inorganic nitrogen fertiliser and lime in accordance with regulation 17A; and

(c) in relation to arable land, the obligation to have ecological focus areas applicable under and in accordance with—

(i) Article 46 of the Direct Payments Regulation and Article 45 of the Direct Payments Delegated Regulation; and

(ii) regulation 18 and Schedule 2.”.

(1)

In accordance with Article 43(3)(b) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (OJ L 347, 20.12.2013, p.608), the Scottish Ministers have established an environmental certification scheme in respect of compliance by farmers with the applicable obligations.