Amendments to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015
3. In regulation 2(1) (interpretation), for the definition of “arable land” substitute—
““arable land” means land mentioned in Article 4(1)(h) of the Direct Payments Regulation and includes parcels of land which prior to 1st January 2018 were lying fallow(1) and, subject to regulation 5(2)(c), continue to lie fallow on or after that date;”.
Under the second sub-paragraph of Article 4(1) of Regulation (EU) 1307/2013 (OJ L 347, 20.12.13, p. 608) (as amended), where the Scottish Ministers have, prior to 1st January 2018, accepted parcels of land lying fallow as arable land, they may continue to do so after that date. In accordance with that provision, and as outlined in regulation 5(2)(c) of the 2015 Regulations (as substituted by regulation 4 of these Regulations), where such parcels have been so accepted as arable land they must constitute permanent grassland from 2023 where the conditions in Article 4(1)(h) of that Regulation are met.