The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018

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

11.  In schedule 2 (ecological focus areas: further criteria)—

(a) in 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)(1) for “Clover (Trifolium)” substitute—

“Red clover (Trifolium pratense)

White clover (Trifolium repens)”;

(b) in Part 2 (nitrogen-fixing crops for the purposes of Article 45(10) of the Direct Payments Delegated Regulation) for “Clover (Trifolium)” substitute—

“Red clover (Trifolium pratense)

White clover (Trifolium repens)”; and

(c) in Part 3 (additional conditions for the purposes of Article 45(10) of the Direct Payments Delegated Regulation)—

(i) for paragraph 2 substitute—

“2.   Areas with nitrogen-fixing crops must be surrounded by a buffer strip or field margin, which is an ecological focus area as referred to in point (d) of the first sub-paragraph of Article 46(2) of the Direct Payments Regulation as construed with Article 45(5) of the Direct Payments Delegated Regulation, with a minimum width of 1 metre and a maximum width of 20 metres.”; and

(ii) for paragraph 3(3)(2), substitute—

“(3) In sub-paragraphs (1) and (2), “crop species” includes a mixture of any of the crop species listed in Part 2 of this schedule.

(4) Despite sub-paragraphs (1) and (2), areas with nitrogen fixing crops may also be established by sowing at least 1 of the crop species listed in Part 2 of this schedule with any other crop species, provided that the crop species listed in Part 2 of this schedule is predominant by weight of seed.

(5) In sub-paragraph (4)—

“crop species listed in Part 2 of this schedule” includes a mixture of any of the crop species listed in Part 2 of this schedule; and

“other crop species” includes-

(a)

a mixture of any of the crop species listed in Part 2 of this schedule and any other crop species; and

(b)

a mixture of any crop species not listed in Part 2 of this schedule.”.

(1)

Part 1 of schedule 2 was substituted by S.S.I. 2016/104.

(2)

Paragraph 3 of Part 3 of schedule 2 was inserted by S.S.I. 2016/104.