(This note is not part of the Regulations)
These Regulations make provision in England for the administration of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (OJ No. L 347, 20.12.2013, p. 608) (“the Direct Payments Regulation”) and the three other associated EU Regulations referred to in regulation 2(1).
Regulation 3 provides that there are three regions of England for the purposes of the basic payment scheme: moorland, the severely disadvantaged area (excluding moorland) and all other land. Regulation 4 designates the short rotation coppice trees eligible under the basic payment scheme and sets the maximum harvest cycle. Regulation 5 specifies the minimum eligible area of a holding in respect of which direct payments may be granted to a farmer. Regulation 6 fixes the date on which parcels used as the basis for a claim under the basic payment scheme must be at the disposal of farmers. Regulation 7 provides for the reduction by 5% of the part (if any) of any basic payment granted to a farmer which exceeds €150,000.
Regulation 8 makes provision for the period within which a transferor must notify the Secretary of State of a transfer of payment entitlements and the deadline for submitting applications for the allocation of payment entitlements from the national reserve. Regulation 9 provides for the basis on which an increase in direct payments to qualifying farmers aged 40 or less and participating in the young farmers scheme must be calculated. Regulation 10 provides for an exemption from the exclusion from eligibility for direct payments of a farmer who received €5,000 or less of direct payments in the previous year.
Regulations 11 to 13 make provision relating to the “greening” component of direct payments, linking payments to agricultural practices beneficial for the climate and environment. Regulation 11 sets out the period to be taken into account for the purposes of determining whether crop diversification requirements have been met. Regulation 12 provides for the designation of permanent grasslands which are environmentally sensitive. Regulation 13 sets out the five areas which are to be ecological focus areas (“EFAs”) and details as to the scope of the EFAs relating to landscape features, buffer strips, areas with catch crops or green cover and areas with nitrogen-fixing crops.
Regulation 14 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after 1st January 2015 and within every five years after that. Regulation 15 revokes the Regulations which provide in England for the administration of the European Single Payment and Support Scheme but with a saving provision for the continued application of the Common Agricultural Policy Single Payment and Support Scheme Regulations 2010 (S.I. 2010/540) in respect of aid applications relating to claim years before 2015.
An evidence paper on the effect that this instrument will have on the costs of business is available on the following website, www.gov.uk/government/collections/common-agricultural-policy-reform, or from the common agricultural policy direct payments team at the Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR, and is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.