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

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1.—(1) These Regulations may be cited as the Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2015.

(2) This regulation and regulations 2 and 3 come into force on 1st June 2015.

(3) Regulations 4 to 12 and the Schedule come into force on 27th June 2015.

Amendment to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 – amendments coming into force on 1st June 2015

2.  Regulation 6 (applications and date on which land must be at farmer’s disposal) of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015(1) is amended as follows—

(a)in paragraph (1), for “For” substitute “Subject to paragraph (1A), for”; and

(b)after paragraph (1) insert—

(1A) For the purposes of Article 13(1) of the Horizontal Implementing Regulation and Article 1 of Commission Implementing Regulation (EU) 2015/747 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015(2), the final date on which a single application, aid application or payment claim may be submitted to the Scottish Ministers in respect of calendar year 2015, is 15th June 2015..

3.  For regulation 9(3) (transfer of payment entitlements) of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 substitute—

(3) For the purposes of Article 22(1) of the Horizontal Implementing Regulation and Article 3 of Commission Implementing Regulation (EU) 2015/747 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015, applications for the allocation of, or the increase of the value of, payment entitlements must be submitted—

(a)in respect of calendar year 2015, on or before 15th June 2015; or

(b)in any other calendar year, on or before 15th May, or if that date is a Saturday, Sunday, Bank Holiday or other public holiday, the next working day..

Amendment to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 – amendments coming into force on 27th June 2015

4.  The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 are further amended in accordance with regulations 5 to 9.

5.  In regulation 15(1) (national reserve), after “For the purposes” insert “of”.

6.  In regulation 18(5)(a) (ecological focus areas), for “under sowing perennial rye grass (Lolium perenne) or Italian rye grass (Lolium multiflorum)” substitute “under-sowing grass”.

7.  After regulation 18, insert—

Voluntary coupled support

18A.  Schedules 3 (voluntary coupled support) and 4 (ineligible breeds – bovine animals) have effect..

8.  In Schedule 1 (agricultural activity: further criteria), in Part 2 (minimum activity for the purposes of Article 4(1)(c)(iii) of the Direct Payments Regulation), in head (e) of the definition of “livestock unit” in paragraph 2(2), after “ewes” insert “, ewe hoggs”.

9.  After Schedule 2 (ecological focus areas: further criteria), insert Schedules 3 (voluntary coupled support) and 4 (ineligible breeds – bovine animals) as set out in the Schedule to these Regulations.

Amendment to the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014

10.  The Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014(3) are amended in accordance with regulations 11 and 12.

11.  In the Schedule (standards for good agricultural and environmental condition), in Part 1 (general interpretation), after the definition of “pesticides” insert—

“relevant period” means the period beginning on the day the land is prepared for planting a hedge and terminating at the end of the third growing season following the planting of that hedge;.

12.  In the Schedule, in Part 2 (standards for good agricultural and environmental condition)—

(a)in paragraph 1 (establishment of buffer strips along water courses)—

(i)in sub-paragraph (5), after “sub-paragraph (6)” insert “or (7)”;

(ii)for sub-paragraph (6) substitute—

(6) This sub-paragraph applies where pesticides are applied to land to control—

(a)injurious weeds to which the Weeds Act 1959 applies;

(b)invasive species; or

(c)if the prior written consent of the Scottish Ministers has been given, other plant species.; and

(iii)after sub-paragraph (6), insert—

(7) This sub-paragraph applies where the cultivation of land takes place for the purpose of establishing—

(a)a green cover on that land, where it does not already have a green cover; or

(b)a hedge (as defined in paragraph 7(7)(a)) during the relevant period.; and

(b)in paragraph 7 (retention of landscape features), for sub-paragraph (6), substitute—

(6) This sub-paragraph applies where—

(a)the cultivation of land takes place for the purpose of—

(i)establishing a green cover on that land, where it does not already have a green cover;

(ii)establishing a hedge during the relevant period and, for that purpose, organic manure, chemical or nitrogen fertilisers or pesticides may be applied to the land; or

(iii)in calendar year 2015, harvesting any crop that has been established before 1st January 2015;

(b)organic manure, chemical or nitrogen fertilisers or pesticides are applied to land prior to the harvesting of a crop as mentioned in head (a)(iii); or

(c)pesticides are applied to land to control—

(i)injurious weeds to which the Weeds Act 1959 applies;

(ii)invasive species; or

(iii)if the prior written consent of the Scottish Ministers has been given, other plant species..

RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew’s House,

Edinburgh

26th May 2015

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