The Arable Area Payments Regulations 1996

The Wild Bird Cover Option

4.—(1) In each field or part field to be managed in accordance with the Wild Bird Cover Option (referred to in paragraph 1(1)(c) above), a farmer–

(a) shall, subject to paragraph 8 below either–

(i) where practicable, establish a green cover by the start of the current green cover season by allowing natural regeneration of the herbage seed crop or combinable crop (other than a crop including maize or legumes) produced in that field or part field in the calendar year immediately preceding the calendar year during which the current scheme year commenced, or

(ii) where that is not practicable, establish a green cover by the start of the current green cover season by sowing a cover comprising a mixture of crops of different types which–

(aa) produces a mixture of crops which it would not be practicable to harvest separately,

(bb) is not a mixture only of different types of cereal or of different types of brassica,

(cc) is not a mixture only of one type of crop and legumes, a mixture only of cereals and legumes, or a mixture only of brassicas and legumes, and

(dd) unless the farmer is an accepted organic farmer, does not contain more than 5 per cent by weight of legumes,

unless the field or part field was set aside in the previous scheme year, was managed during that scheme year in accordance with the Wild Bird Cover Option, and the green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover season;

(b) shall, where a green cover was established by the start of the current green cover season in accordance with paragraph (a)(i) above–

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

(ii) replace that green cover by sowing a new green cover in accordance with paragraph (a)(ii) above as early as is practicable after the start of the current green cover season;

(c) shall, subject to sub-paragraphs (d) and (e) below and paragraphs 9, 14 and 15 below, maintain the green cover established under paragraph (a)(ii) or (b)(ii) above thereafter–

(i) where the field or part field is not to be set aside in the following scheme year or is to be used as land set aside for non-food purposes in the following scheme year, until the end of the current green cover season, or

(ii) where the field or part field is to be set aside in the following scheme year (but is not to be used as land set aside for non-food purposes), to the end of the current scheme year;

(d) may, where the field or part field was set aside in the previous scheme year, was managed during that scheme year in accordance with the Wild Bird Cover Option, and the green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover period, replace the existing green cover by sowing a new green cover in accordance with paragraph (a)(ii) above as early as is practicable in the current green cover season;

(e) shall, where the field or part field was set aside in the previous two scheme years, was managed during each of those scheme years in accordance with the Wild Bird Cover Option, a green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover season and the green cover was not replaced in the previous scheme year (whether in accordance with paragraph (d) above or otherwise), replace the existing green cover by sowing a new green cover in accordance with paragraph (a)(ii) as early as is practicable in the current green cover season; and

(f) shall cut or destroy the cover in accordance with paragraph 7 below, unless–

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

(ii) the farmer does not, in the current scheme year, harvest any of the green cover or permit any of it to be harvested or grazed.

(2) A farmer shall ensure, when replacing the green cover pursuant to sub-paragraph (1)(c), (d) or (e) above, that the requirements of paragraph 15(1)(a) to (c) below are satisfied.