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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 (“the principal Regulations”), which make provision in Scotland for the administration of Regulation (EU) No 1307/2013 (OJ L 347, 20.12.2013, p.608) (“the Direct Payments Regulation”), and other associated EU regulations as referred to in regulation 2(1) of the principal Regulations.

The amendments made to the principal Regulations by regulations 2 and 3 make provision for the exercise of derogations in respect of deadlines for relevant applications applicable to calendar year 2015, in accordance with Articles 1 and 3 of Commission Implementing Regulation (EU) 2015/747 (OJ L 119, 12.5.2015, p.21).

Regulation 2 amends regulation 6 of the principal Regulations so that, in respect of calendar year 2015, the final date for submission of a single application, aid application or payment claim is 15th June 2015.

Regulation 3 substitutes regulation 9(3) of the principal Regulations to provide that, in respect of calendar year 2015, the final date for submission of an application for the allocation of, or an increase of the value of, payment entitlements is 15th June 2015. In the case of any other calendar year, the relevant date remains as 15th May or the next working day (in any year where that date falls on a Saturday, Sunday, Bank Holiday or other public holiday).

Regulation 6 amends regulation 18(5)(a) of the principal Regulations. Regulation 18 of the principal Regulations makes provision for Ecological Focus Areas (EFA), and paragraph (5) of that regulation makes particular provision in relation to areas under green cover or catch crops. Regulation 6 removes references to specific species of grass which are required where a farmer wishes to meet his EFA requirement by under-sowing grass.

Regulations 7 and 9 insert new Schedules 3 and 4 into the principal Regulations and give effect to them.

New Schedule 3 makes provision for a voluntary coupled support scheme in Scotland in favour of bovine and ovine animals that are born on the farmer’s holding and in respect of which the relevant eligibility criteria are met. Paragraph 2 sets out how a farmer may make an application for a payment under the scheme, and what information is to be included. Paragraph 3 sets out what animals will be eligible for support. In respect of support for bovine animals, new Schedule 4 lists which breeds of cattle are ineligible for support.

These Regulations also amend the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014 (“the Cross-Compliance Regulations”).

Regulation 12 amends the standards for good agricultural and environmental condition set out at paragraphs 1 (establishment of buffer strips along watercourses) and 7 (retention of landscape features) of Part 2 of the Schedule to the Cross-Compliance Regulations.

In respect of the cultivation of land and application of pesticides to land within 2 metres of the top of the bank of a watercourse, a beneficiary may cultivate that land in order to establish a green cover there (where one does not already exist) or for the purposes of establishing a hedge there during the relevant period (as defined in Part 1 of the Schedule).

In respect of the cultivation of land and the application of organic manure, chemical or nitrogen fertilisers or pesticides to land within 2 metres of the centre line of a hedge, a beneficiary may cultivate that land—

(a) in order to establish a green cover there (where one does not already exist);

(b) for the purposes of establishing a hedge there during the relevant period (as defined in Part 1 of the Schedule), and the application of organic manure, chemical or nitrogen fertilisers or pesticides may take place for that purpose;

(c) in calendar year 2015, for the purpose of harvesting any crop that has been established before 1st January 2015, and organic manure, chemical or nitrogen fertilisers or pesticides may be applied to that land up until the point the crop is harvested.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.