Regulation 5 Amendment to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015
In Schedule 2 (ecological focus areas: further criteria)—
for Part 1 (crop species that may be used in a mixture of crop species for the purposes of Article 45(9) of the Direct Payments Delegated Regulation in relation to areas under green cover), substitute—
“PART 1
Crop species that may be used in a mixture of crop species for the purposes of Article 45(9) of the Direct Payments Delegated Regulation in relation to areas under green cover
Rye (Secale cereale)
Vetch (Vicia sativa)
Phacelia (Phacelia)
Barley (Hordeum vulgare)
Mustard (Sinapsis alba)
Oats (Avena sativa)
Alfalfa (Medicago stiva)
Clover (Trifolium)
Radish (Raphanus)”; and
in Part 3 (additional conditions for the purposes of Article 45(10) of the Direct Payments Delegated Regulation)—
in paragraph 2, after “field margin” insert “, which is a landscape feature as referred to in point (e) of the first sub-paragraph of Article 45(4) of the Direct Payments Delegated Regulation,”; and
after paragraph 2 insert—
“3.(1)Areas with nitrogen fixing crops must be established by sowing at least 2 of the crop species listed in Part 2 of this Schedule, provided that one of the crop species sown does not cover more than 75 per cent of the total of such areas.
(2)Any area with nitrogen fixing crops established as mentioned in sub-paragraph (1) must not contain the same crop species as any other such area established.
(3)In this paragraph, “crop species” includes a mixture of any of the crop species listed in Part 2 of this Schedule.
4.In this Part, “areas with nitrogen fixing crops” means areas as mentioned at point (j) of Article 46(2) of the Direct Payments Regulation and which form part of the arable land of the holding declared by a farmer in accordance with Article 46(1) of that Regulation.”.