The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016

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 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 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.

From 1st January 2016, farmers’ obligations in return for any payment for agricultural practices beneficial for the climate and the environment (also known as “greening” obligations) under Chapter 3 of Title III to the Direct Payments Regulation, will be delivered through a national environmental certification scheme in accordance with Article 43(3)(b) of the Direct Payments Regulation. That certification scheme comprises the standard greening obligations as set out in Articles 44 to 46 of the Direct Payments Regulation, plus an additional obligation. The amendments made to the principal Regulations by regulations 3 to 5 make provision for these obligations.

For the purposes of the certification scheme, regulation 3 specifies the applicable obligations on the farmer by inserting a new regulation 15A into the principal Regulations. These obligations are in respect of crop diversification, areas of permanent grassland and ecological focus areas. Regulation 4 inserts a new regulation 17A into the principal Regulations requiring farmers to prepare an annual plan in respect of the application of inorganic nitrogen fertiliser and lime to certain areas of permanent grassland.

Regulation 5 substitutes a new Part 1 of Schedule 2 (ecological focus areas: crop species that may be used in a mixture of crop species in relation to areas under green cover) to the principal Regulations. It substitutes a new and longer list of crop species that may be used in a mixture of crop species in relation areas under green cover (regulation 5(a)). It also amends Part 3 of that Schedule (ecological focus areas: additional conditions) to provide for an additional management condition in respect of areas with nitrogen fixing crops (regulation 5(b)).

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