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

Made: 26th May 2015

Laid before the Scottish Parliament: 28th May 2015

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

• (1) These Regulations may be cited as the Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2015.

• (2) This regulation and regulations 2 and 3 come into force on 1st June 2015.

• (3) Regulations 4 to 12 and the Schedule come into force on 27th June 2015.

Amendment to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 – amendments coming into force on 1st June 2015

2

Regulation 6 (applications and date on which land must be at farmer’s disposal) of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015[^f00002] is amended as follows—

• (a) in paragraph (1), for “For” substitute “Subject to paragraph (1A), for”; and

• (b) after paragraph (1) insert—

(1A) For the purposes of Article 13(1) of the Horizontal Implementing Regulation and Article 1 of Commission Implementing Regulation (EU) 2015/747 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015[^f00003], the final date on which a single application, aid application or payment claim may be submitted to the Scottish Ministers in respect of calendar year 2015, is 15th June 2015.

3

For regulation 9(3) (transfer of payment entitlements) of the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 substitute—

(3) For the purposes of Article 22(1) of the Horizontal Implementing Regulation and Article 3 of Commission Implementing Regulation (EU) 2015/747 derogating from Implementing Regulation (EU) No 809/2014 as regards the final date of submission of the single application, aid applications or payment claims, the final date for notification of amendments to the single application or payment claim and the final date for applications for allocation of payment entitlements or the increase of the value of payment entitlements under the basic payment scheme for the year 2015, applications for the allocation of, or the increase of the value of, payment entitlements must be submitted— (a) in respect of calendar year 2015, on or before 15th June 2015; or (b) in any other calendar year, on or before 15th May, or if that date is a Saturday, Sunday, Bank Holiday or other public holiday, the next working day.

Amendment to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 – amendments coming into force on 27th June 2015

4

The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 are further amended in accordance with regulations 5 to 9.

5

In regulation 15(1) (national reserve), after “For the purposes” insert “of”.

6

In regulation 18(5)(a) (ecological focus areas), for “under sowing perennial rye grass (Lolium perenne) or Italian rye grass (Lolium multiflorum)” substitute “under-sowing grass”.

7

After regulation 18, insert—

(18A) Schedules 3 (voluntary coupled support) and 4 (ineligible breeds – bovine animals) have effect.

8

In Schedule 1 (agricultural activity: further criteria), in Part 2 (minimum activity for the purposes of Article 4(1)(c)(iii) of the Direct Payments Regulation), in head (e) of the definition of “livestock unit” in paragraph 2(2), after “ewes” insert “, ewe hoggs”.

9

After Schedule 2 (ecological focus areas: further criteria), insert Schedules 3 (voluntary coupled support) and 4 (ineligible breeds – bovine animals) as set out in the Schedule to these Regulations.

Amendment to the Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014

10

The Common Agricultural Policy (Cross-Compliance) (Scotland) Regulations 2014[^f00004] are amended in accordance with regulations 11 and 12.

11

In the Schedule (standards for good agricultural and environmental condition), in Part 1 (general interpretation), after the definition of “pesticides” insert—

• “relevant period” means the period beginning on the day the land is prepared for planting a hedge and terminating at the end of the third growing season following the planting of that hedge;

12

In the Schedule, in Part 2 (standards for good agricultural and environmental condition)—

• (a) in paragraph 1 (establishment of buffer strips along water courses)—

• (i) in sub-paragraph (5), after “sub-paragraph (6)” insert “or (7)”;

• (ii) for sub-paragraph (6) substitute—

(6) This sub-paragraph applies where pesticides are applied to land to control— (a) injurious weeds to which the Weeds Act 1959 applies; (b) invasive species; or (c) if the prior written consent of the Scottish Ministers has been given, other plant species.

; and

• (iii) after sub-paragraph (6), insert—

(7) This sub-paragraph applies where the cultivation of land takes place for the purpose of establishing— (a) a green cover on that land, where it does not already have a green cover; or (b) a hedge (as defined in paragraph 7(7)(a)) during the relevant period.

; and

• (b) in paragraph 7 (retention of landscape features), for sub-paragraph (6), substitute—

(6) This sub-paragraph applies where— (a) the cultivation of land takes place for the purpose of— (i) establishing a green cover on that land, where it does not already have a green cover; (ii) establishing a hedge during the relevant period and, for that purpose, organic manure, chemical or nitrogen fertilisers or pesticides may be applied to the land; or (iii) in calendar year 2015, harvesting any crop that has been established before 1st January 2015; (b) organic manure, chemical or nitrogen fertilisers or pesticides are applied to land prior to the harvesting of a crop as mentioned in head (a)(iii); or (c) pesticides are applied to land to control— (i) injurious weeds to which the Weeds Act 1959 applies; (ii) invasive species; or (iii) if the prior written consent of the Scottish Ministers has been given, other plant species.

SCHEDULE — New Schedules 3 and 4 to be inserted into the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015

Signed

RICHARD LOCHHEAD — A member of the Scottish Government — 26th May 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

[^f00002]: S.S.I. 2015/58, as amended by S.S.I. 2015/194.

[^f00003]: OJ L 119, 12.5.2015, p.21.

[^f00004]: S.S.I. 2014/325, as amended by S.S.I. 2015/58.

[^f00005]: S.S.I. 2007/174, as amended by S.S.I. 2007/312, S.S.I. 2011/412 and S.I. 2011/1043.

[^f00006]: OJ L 204, 11.8.2000, p.1, as last amended by Regulation (EU) No 653/2014 (OJ L 189, 27.6.2014, p.33).

[^f00007]: OJ L 5, 9.1.2004, p.8, as last amended by Regulation (EU) No 517/2013 (OJ L 158, 10.6.2013, p.1).

[^f00008]: S.S.I. 2009/414.