The Arable Area Payments Regulations 1995

A farmer may apply organic waste to the set-aside land if that organic waste was produced on land which he farms as a single unit with the set-aside land and he satisfies the Minister, before applying the waste to the land, that he would not otherwise be able to dispose of it satisfactorily.

21

A farmer may apply feritliser with a total nitrogen content of not more than 30 kilograms per hectare to any agricultural parcel of land managed in accordance with paragraph 7(1) above, in any calendar year in which a new green cover is being established in accordance with paragraph 7(1)(b) or (c) above.

22

A farmer shall not store, dump or othewise dispose of any waste on the set-aside land except that he may store organic waste in a field which forms all or part of the set-aside land where that organic waste is to be applied by him to that field in accordance with paragraph 20 above.

Application of fungicides, insecticides and herbicides to the set-aside land

23

A farmer shall not apply fungicides or insecticides to the set-aside land unless he satisfies the Minister that he should be exempted from this requirement because the application is necessary in order to control plant health problems which cannot be remedied by any other reasonable means.

24

Subject to paragraph 25 below, a farmer shall not apply herbicide to the set-aside land unless—

• (a) it is of a type which either—

• (i) is absorbed into a plant primarily through the leaves and stem; or

• (ii) has been approved by the Ministers under regulation 5 of the Control of Pesticides Regulations 1986[^f00047] or under regulations 5, 7, 8 or 11 of the Plant Protection Products Regulations 1995[^f00048] and its application is not outside the coverage of the uses for which it has been approved,

• and

• (b) such application, if undertaken on guaranteed set-aside land or prior to 15th April in any calendar year on any other form of set-aside land—

• (i) is not likely significantly to damage green cover on the land;

• (ii) is made prior to replacing green cover on the land in accordance with paragraph 16 above;

• (iii) is undertaken using herbicide applied either as a spot treatment or with a wick applicator; or

• (iv) is undertaken in order to create or maintain a strip permitted by paragraph 4 above.

25

The Minister shall on application from a farmer exempt him from the restriction imposed by paragraph 24 above so as to permit him to apply any herbicide to set-aside land—

• (a) where the Minister is satisfied that such application is necessary to control a serious infestation of weeds or pests or the spread of any disease in which case the farmer shall replace any green cover following the application in accordance with paragraph 16(1)(a) and (c) above or in accordance with such other conditions of the exemption as the Minister includes; or

• (b) in order to create or maintain a bare fallow strip permitted under paragraph 4 above, where the Minister is satisfied that the application of herbicides in accordance with paragraph 24(b)(iv) above has not been effective to prevent the growth of vegetation on that strip.

Retention of features on the set-aside land

26

A farmer shall not damage, destroy or remove—

• (a) any existing hedge or row of trees (including hedgerow trees),

• (b) any tree (not forming part of a hedge or row of trees) whose largest trunk, when measured 1.3 metres above the average ground level of the base of the tree, exceeds 25 centimetres in circumference,

• (c) any existing lake, loch, ditch, watercourse, pond or pool,

• (d) any existing vernacular building or stone wall, or

• (e) any archaeological feature or feature of historical importance,

which is situated on or adjacent to the set-aside land unless he satisfies the Minister either that it should be so damaged, destroyed or removed for environmental or for safety reasons or that he is obliged to do so to comply with a legal requirement.

C. SPECIAL CONDITIONS APPLYING TO GUARANTEED SET-ASIDE LAND

Application of conditions to guaranteed set-aside land

27

The provisions of paragraphs 28 to 31 below apply to guaranteed set-aside land.

The application of fertilisers

28

Where guaranteed set-aside land is managed in accordance with paragraph 7 above, fertiliser may be applied to that land at any time between 1st March and 30th May inclusive in any year in which a green cover is to be established in accordance with that paragraph, provided that the total nitrogen content of all fertiliser applied to any agricultural parcel of the land during that period is no more than 30 kilogrammes per hectare and that any fertiliser so applied contains no potassium or phosphorus in any form.

29

A farmer may apply fertiliser to guaranteed set-aside land if he satisfies the Minister that the land is situated in an area known to be used as a feeding area by geese in winter and is to be managed as a feeding area for such geese.

30

• (1) A farmer may (subject to sub-paragraph (2) below) apply organic waste to guaranteed set-aside land if that organic waste was produced on land which he farms as a single unit with the set-aside land and he satisfies the Minister before applying the waste to the land that were he prevented from so applying it—

• (a) he could not reasonably otherwise deal with it except by applying it to the remainder of his holding; and

• (b) such application to the remainder of his holding would result in an application of a greater concentration of nitrogen than is compatible with good agronomic or environmental practice.

and observes such conditions or limitations (if any) as are imposed by the Minister in relation to any application so permitted.

• (2) The application to any agricultural parcel in any 12 month period of organic waste with a nitrogen content greater than 250 kilogrammes per hectare shall not be permitted.

Permitted agricultural production

31

• (1) A farmer may undertake permitted agricultural production on guaranteed set-aside land only to such extent as does not result in overgrazing of that land.

• (2) For the purposes of sub-paragraph (1) above, “overgrazing” means grazing or otherwise stocking land with livestock in such numbers as adversely to affect the growth, quality or species composition on that land with livestock in such numbers as adversely to affect the growth, quality or species composition on that land to a significant degree.

D. EXCEPTION RELATING TO ENVIRONMENTAL TRANSFERRED SET-ASIDE LAND

The application of organic waste

32

A farmer may apply organic waste to an agricultural parcel of environmental set-aside land where that waste was created as a result of the maintenance of a tree, hedge, stream or ditch on or immediately adjoining that agricultural parcel.

SCHEDULE 3 — REQUIREMENTS IN RELATION TO LAND SET ASIDE FOR THE PROVISION OF SPECIFIED RAW MATERIALS

1

A farmer shall not damage, destroy or remove—

• (a) any existing hedge or row of trees (including hedgerow trees),

• (b) any tree (not forming part of a hedge or row of trees) whose largest trunk, when measured 1.3 metres above the average ground level of the base of the tree, exceeds 25 centimetres in circumference,

• (c) any existing lake, loch, ditch, watercourse, pond or pool,

• (d) any existing vernacular building or stone wall, or

• (e) any archaeological feature or feature of historical importance,

which is situated on or adjacent to the set-aside land unless he satisfies the Minister either that it should be so damaged, destroyed or removed for environmental or for safety reasons or that he is obliged to do so to comply with a legal requirement.

2

A farmer shall not adjust or annul any contract relating to that land, submitted to the Minister in accordance with Article 6(1) of Commission Regulation 334/93, pursuant to Article 7(2) of that Regulation, unless he has notified the Minister of the proposed adjustment or annulment, and the collector or processor with whom the contract was made has similarly notified the Intervention Board for Agricultural Produce, at least 10 working days before such adjustment or annulment takes effect.

3

Where as a result of such adjustment or annulment any land set aside for the provision of specified raw materials is no longer to be used for such provision, the farmer shall—

• (a) dispose of any crop remaining on the land by a method which the Minister is satisfied will result in its destruction; and

• (b) subject to paragraph 4 below, establish a green cover on the land in accordance with Schedule 2 to these Regulations.

4

The Minister may grant the farmer an exemption from the requirement to establish a green cover pursuant to paragraph 3(b) above where he considers that to require the establishment of a green cover would be unreasonable having regard to the date on which the contract was adjusted or annulled in accordance with paragraph 2 above.

Signed

Michael Jack — Minister of State, Ministry of Agriculture, Fisheries and Food — 5th July 1995

Hector Monro — Parliamentary Under Secretary of State, — 5th July 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations apply throughout Great Britain. As specified below, they implement and supplement provisions of Council Regulation (EEC) No. 1765/92 (“the Council Regulation” ), which establishes a support system for producers of certain arable crops, and of the Commission Regulations made under it, namely Commission Regulations (EEC) Nos. 2294/92, 2295/92, 2780/92, 334/93 and 2595/93 and Commission Regulation (EC) No. 762/94. Regulation 2(1) defines these various Regulations, and the definitions include amendments to them.

Under the support system established under the Council Regulation, producers of particular arable crops are entitled to receive a compensatory payment calculated according to the area which they have sown with such crops.

The level of compensatory payment per hectare in a particular locality is determined (in accordance with Articles 4 and 5 of the Council Regulation) by multiplying an amount per tonne by the average yield per hectare for the production region in which the land lies. Member States are required to define production regions for the purposes of this calculation in accordance with the criteria set out in Article 3 of the Council Regulation, which permits the yields so calculated to be adjusted in order to take account of structural differences between production regions. The production regions in the Great Britain are defined in regulation 3(1), while regulation 3(2) sets out the method by which the yield calculated for each region should be adjusted. Regulation 4 provides for yield calculation in relation to oilseed rape.

Article 7 of the Council Regulation requires all producers claiming compensatory payments to set aside part of their arable land, unless they come within the exception for small producers, as defined in Article 8(2) of the Council Regulation. Except in circumstances justified by objective criteria laid down by Member States, land qualifying to be set aside must have been previously farmed by the producer setting it aside for at least 2 years (Article 3(4) of Commission Regulation 762/94) and the minimum area of land which he sets aside in each production region must be in a specified ratio to the cropped land in that region for which he claims payment (Article 9(2) of the same Regulation). The circumstances in which producers are exempted from the first requirement are set out in regulation 6 and Schedule 1, and those in which producers are exempted from the second requirement are set out in regulation 7.

To ensure protection of the environment, Member States are required to take appropriate measures relating to set-aside land (Article 3(3) of Commission Regulation (762/94). Regulation 8 and Schedules 2 and 3 specify the requirements to be met in relation to land set aside and set out how a green cover is to be established on land set aside.

Article 7 (7) of Council Regulation 1765/92 permits a producer to transfer his set-aside requirement to another producer, in accordance with a plan presented in advance to the Commission. Regulation 9 requires producers transferring their set-aside requirement in reliance on Article 7(7) to provide evidence to the Minister that that transfer is undertaken in accordance with the plan submitted by the UK to the European Commission.

Land sown with specified categories of oilseed only qualifies for compensatory payment when seed is sown in accordance with locally recognised standards (Article 2(1)(d) of Commission Regulation (2294/92) and conforms to a quality policy established by the Member State in accordance with Article 3(1) of that Regulation. Regulation 10 sets out the qualifying requirements for cleaning, dressing and harvesting farm-saved rapeseed and the qualifying planting distances for particular types of rapeseed.

The Regulations also—

• (a) prescribe the minimum size of an agricultural plot for which certain compensatory payments may be claimed (regulation 5);

• (b) require farmers, collectors and processors to keep, retain and produce records (regulations 11 and 12);

• (c) specify the reductions in compensatory payments applicable to breaches of requirements relating to land set aside (regulation 13);

• (d) prescribe the rate of interest payable where a compensatory payment is recovered by the appropriate authority in cases where recovery does not result from an error by that authority (regulation 14);

• (e) confer on authorised persons powers of entry for the purposes of the Regulations and require that such assistance be given to them for the exercise of their powers as they may reasonably request (regulations 15 and 16); and

• (f) create offences and penalties (regulation 17).

The Regulations revoke and replace the Arable Area Payments Regulations 1994, and the Arable Area Payments (Amendment) Regulations 1994.

A compliance cost assessment has been prepared and has been deposited in the Libraries of both Houses of Parliament.

Footnotes

[^f00001]: S.I. 1972/1811.

[^f00002]: 1972 c. 68.

[^f00003]: 1986 c. 5.

[^f00004]: 1991 c. 55.

[^f00005]: OJ No. L 221, 6.8.92, p.22.

[^f00006]: OJ No. L 76, 5.4.95, p.1.

[^f00007]: OJ No. L 221, 6.8.92, p.28.

[^f00008]: OJ No. L 300, 7.12.93, p.5.

[^f00009]: OJ No. L 281, 25.9.92, p.5.

[^f00010]: OJ No. L 89, 21.4.95, p.5.

[^f00011]: OJ No. L 391, 31.12.92, p.36.

[^f00012]: OJ No. L 27, 4.2.95, p.3.

[^f00013]: OJ No. L 38, 16.2.93, p.12.

[^f00014]: OJ No. L 77, 19.3.94, p.7.

[^f00015]: OJ No. L 238, 23.9.93, p.21.

[^f00016]: OJ No. L 90, 7.4.94, p.9.

[^f00017]: OJ No. L 198, 22.7.91, p.1.

[^f00018]: OJ No. L 255, 1.10.94, p.84.

[^f00019]: OJ No. L 181, 1.7.92, p.12.

[^f00020]: OJ No. L 144, 28.6.95, p.1.

[^f00021]: OJ No. L 380, 24.12.92, p. 24.

[^f00022]: OJ No. L 316, 9.12.94, p.1.

[^f00023]: OJ No. L 215, 30.7.92, p.85.

[^f00024]: OJ No. L 215, 30.7.92, p.96.

[^f00025]: OJ No. L 355, 5.12.92, p.1.

[^f00026]: OJ No. L 338, 28.12.94, p.13.

[^f00027]: OJ No. L 218, 6.8.91, p.1.

[^f00028]: OJ No. L 356, 24.12.91, p.17.

[^f00029]: OJ No. L 128, 19.5.75, p.1.

[^f00030]: OJ No. L 93, 30.3.85, p.1.

[^f00031]: OJ No. L 82, 26.3.84, p.67.

[^f00032]: OJ No. L 16, 22.1.91, p.25.

[^f00033]: OJ No. L 180, 14.7.80, p.34.

[^f00034]: S.I. 1990/1013.

[^f00035]: 1974 c. 40; section 31B as it applies to Scotland was inserted by the Water Act 1989 (c. 15), section 169 and Schedule 23.

[^f00036]: 1979 c. 46.

[^f00037]: 1981 c. 69.

[^f00038]: S.I. 1993/1317, amended by S.I. 1994/1134.

[^f00039]: 1975 c. 21.

[^f00040]: S.I. 1994/947, amended by S.I. 1994/2287.

[^f00041]: S.I. 1994/2287.

[^f00042]: 1964 c. 41.

[^f00043]: 1993 c. 44.

[^f00044]: 1911 c. 49.

[^f00045]: S.I. 1992/2111, amended by S.I. 1994/2286.

[^f00046]: 1964 c. 14.

[^f00047]: S.I. 1986/1510.

[^f00048]: S.I. 1995/887.