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Regulation 16 Ecological focus areasF1

England and Wales

(1)

For the purposes of Article 46(2) of the Direct Payments Regulation, the areas mentioned in points (a) (land lying fallow), (g) (areas of short rotation coppice), (h) (afforested areas) and (j) (areas with nitrogen-fixing crops) and, subject to paragraph (3), point (c) (landscape features), are considered to be Ecological Focus Areas.

(2)

In accordance with Article 45(2) of the Direct Payments Delegated Regulation, there shall be no agricultural production on land lying fallow in any year between 1 February and 31 July (both dates included).

(3)

For the purposes of the second sub-paragraph of Article 45(4) of the Direct Payments Delegated Regulation, landscape features are limited to—

(a)

hedges F2and wooded strips up to 10 metres wide; and

(b)

traditional stone walls at least 1 metre high and no more than 4 metres wide.

(4)

For the purposes of Article 45(8) of the Direct Payments Delegated Regulation—

(a)

the list of planted tree species that can be used for short rotation coppice is—

  • Alder (Alnus spp),

  • Silver Birch (Betula pendula),

  • Hazel (Corylus avellana),

  • European Ash (Fraxinus excelsior),

  • Lime (Tilia cordata),

  • Sweet chestnut (Castanea sativa),

  • Sycamore (Acer pseudoplatanus),

  • Willow (Salix spp),

  • Poplar (Populus spp); and

(b)

within the first 2 years of planting any of the species in paragraph (4)(a)—

(i)

no mineral fertiliser may be used on those species, and

(ii)

plant protection products can only be used for the treatment of non-native invasive weeds; and

(c)

the maximum harvest cycle is 20 years.

(5)

For the purposes of Article 45(10) of the Direct Payments Delegated Regulation—

(a)

the list of nitrogen fixing crops is—

  • Alfalfa (Medicago sativa),

  • Bean (Phaseolus spp),

  • Bean (Vigna spp),

  • Birdsfoot trefoil (Lotus corniculatus),

  • Chickpea (Cicer spp),

  • Clover (Trifolium spp),

  • Faba bean (Vicia faba),

  • Lentil (Lens culinaris),

  • Lupin (Luninus spp),

  • Pea (Pisum spp),

  • Vetch (Vicia spp except Vicia faba),

  • Medick (Medicago lupulina),

  • Soybean (Glycine max),

  • Sweet clover (Melilotus albus),

  • Sainfoin (Onobrychus viciifolia); and

(b)

in any year, any nitrogen fixing crop must be sown by 15 May and be present for 14 weeks from the date that it was sown, or until 1 August at the latest.

(6)

When calculating the total hectares represented by the Ecological Focus Area of a holding, the Welsh Ministers will make use of the conversion and weighting factors set out in Annex X to the Direct Payments Regulation.

Annotations

Textual amendments

F1

Regs. 14-16 omitted for specified purposes (31.12.2020) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 12(6)

F2

Words in reg. 16(3)(a) inserted (18.3.2016) by The Common Agricultural Policy (Amendment) (No. 2) (Wales) Regulations 2016 (S.I. 2016/217), regs. 1(3), 2(2)