The Common Agricultural Policy Single Payment Scheme (Set-aside) (England) (Amendment) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply in England and amend the Common Agricultural Policy Single Payment Scheme (Set-aside) Regulations 2004 (S.I. 2004/3385) (“the principal Regulations”).

The principal Regulations make provision in England for the administration of Council Regulation (EC) No 1782/2003 (OJ No L 270, 21.10.2003, p1) (“the Council Regulation”), Commission Regulation (EC) No 795/2004 (OJ No L 141, 30.4.2004, p1) and Commission Regulation (EC) No 1973/2004 (OJ No L 345, 20.11.2004, p1) in relation to the obligation to set aside land under the Single Payment Scheme for farmers (“the Scheme”). The Scheme came into force on 1st January 2005.

In particular these Regulations amend Schedule 1 to the principal Regulations in relation to the good agricultural and environmental conditions that apply to land set aside under the Scheme as follows—

(i) they add further exemptions from the requirement to establish a green cover by the commencement of the current green cover season (regulation 5(5)(b));

(ii) they remove the exemption from the requirement to establish and destroy a green cover in relation to the protection of hedgerows and watercourses (regulation 5(6));

(iii) they add a provision allowing farmers to cultivate land set aside from production on or after 1st May which is organic land, for the purposes of controlling weeds (regulation 5(9));

(iv) they remove the restriction on grazing after the set-aside period where the green cover has been replaced (regulation 5(10));

(v) they add two new paragraphs prohibiting the use of pesticides on land set aside from production except in the circumstances set out (regulation 5(13));

These Regulations also make some minor and technical amendments to the principal Regulations.