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

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The wild bird cover option

4.—(1) In each field or part of a field to be managed in accordance with the wild bird cover option, a farmer must —

(a) subject to sub-paragraph (2) and paragraph 7, either —

(i)establish a green cover by the start of the current green cover season by allowing natural regeneration following the last crop produced in that field or part of a field in the previous year; or

(ii)establish a green cover by the start of the current green cover season by sowing a relevant mixture of seed.

(b)where a green cover was established by the start of the current green cover season in accordance with sub-paragraph (a)(i) —

(i)maintain that green cover until it is replaced in accordance with sub-paragraph (ii); and

(ii)replace that green cover by sowing a new green cover comprising a relevant mixture of seed as early as is practicable after the start of the current green cover season and the destruction of the green cover that is to be replaced;

(c)subject to paragraph 8, 12 and 13, maintain the green cover established under paragraph (a)(ii) or (b)(ii) until the end of the relevant period; and

(d)cut or destroy the cover in accordance with paragraph 6, unless —

(i)the field is to be set aside from production in the following year; and

(ii)the farmer has not harvested any of the green cover, or permitted any of it to be harvested or grazed, in the current year.

(2) The requirement to establish a green cover in accordance with sub-paragraph (1)(a) does not apply —

(a)in 2005, where —

(i)the field or part of a field was set aside in 2004 pursuant to Article 6 of Council Regulation 1251/1999 and was managed during that year in accordance with the wild bird cover option set out in paragraph 4 of Schedule 2 to the Arable Area Payments Regulations 1996; and

(ii)the green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover season; and

(b)in 2006 and in each year thereafter, where —

(i)the field or part of a field was set aside in the previous year;

(ii)the field or part of a field was managed during that year in accordance with the wild bird cover option; and

(iii)the green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover season in the year in question.

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