Regulation 18 Ecological Focus Areas
Scotland
For the purposes of the first sub-paragraph of Article 46(2) of the Direct Payments Regulation, the areas mentioned in points (a) (land lying fallow), (d) (buffer strips), F1(e) (hectares of agro-forestry), (i) (areas with catch crops or green cover) F2, (j) (areas with nitrogen-fixing crops) F3(n) (low input grassland), (o) (herb and legume-rich pastures), (p) (unharvested crops), and (q) (low density woodland planting) and, subject to paragraph (2), point (c) (landscape features), are ecological focus areas.
For the purposes of the second sub-paragraph of Article 45(4) of the Direct Payments Delegated Regulation, landscape features are limited to F4hedges, wooded strips or trees in line as listed in point (a) of the first sub-paragraph of Article 45(4).
For the purposes of the third sub-paragraph of Article 45(5) of the Direct Payments Delegated Regulation, the minimum width of—
buffer strips, other than buffer strips along watercourses required under GAEC 1, SMR 1 or SMR 10, is 2 metres; and
field margins is F63 metres.
For the purposes of the second sub-paragraph of Article 45(10a) of the Direct Payments Delegated Regulation, cutting is permitted on buffer strips and field margins provided the buffer strip or field margin remains distinguishable from adjacent agricultural land.
In paragraph (3)(a), the reference to “GAEC 1” is to the relevant standard for good agricultural and environmental condition as specified in paragraph 1 of part 2 of Schedule 1 to the Common Agricultural Policy (Cross-compliance) (Scotland) Regulations 2014 M1, and the references to “SMR 1” and “SMR 10” are to the relevant statutory management requirements, as referred to in Annex II to the Horizontal Regulation.
For the purposes of the second sub-paragraph of Article 45(9) of the Direct Payments Delegated Regulation—
areas under catch crops must be established by under-sowing grass in the main crop provided that the grass and the main crop are sown during the period beginning on 15th February and ending on 15th June in any calendar year F8...; and
For the purposes of Article 45(10) of the Direct Payments Delegated Regulation, nitrogen-fixing crops are those listed in Part 2 of Schedule 2 and a farmer growing nitrogen fixing crops must comply with the conditions set out in Part 3 of Schedule 2.
For the purposes of the second sub-paragraph of Article 46(2) of the Direct Payments Regulation, the ecological focus areas referred to in points (c) (landscape features) and (d) (buffer strips) of the first sub-paragraph of Article 46(2) of that Regulation may be located adjacent to the arable land of the holding.
For the purposes of Article 46(3) of the Direct Payments Regulation—
the weighting factors set out in Annex X to that Regulation apply to the ecological focus areas mentioned in paragraph (1); and
the conversion factor set out in Annex X to that Regulation applies to the ecological focus area referred to in point (a) (hedges, wooded strips or trees in line) of the first sub-paragraph of Article 45(4) of the Direct Payments Delegated Regulation.
Annotations
Textual amendments
- F1
Words in reg. 18(1) inserted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 9(a)
- F2
Reg. 18(1): comma substituted for word (31.12.2025) by The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 3(3)(a)(i)
- F3
Words in reg. 18(1) inserted (31.12.2025) by The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 3(3)(a)(ii)
- F4
Words in reg. 18(2) substituted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 9(b)
- F5
Reg. 18(3)(3A) substituted for reg. 18(3) (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 9(c)
- F6
Words in reg. 18(3)(b) substituted (31.12.2025) by The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 3(3)(b)
- F7
Reg. 18(5) substituted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 9(d)
- F8
Words in reg. 18(5)(a) omitted (31.12.2025) by virtue of The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 3(3)(c)
- F9
Words in reg. 18(5)(b) substituted (31.12.2025) by The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 3(3)(d)(i)
- F10
Words in reg. 18(5)(b) omitted (31.12.2025) by virtue of The Rural Support (Improvement) (Miscellaneous Amendment) (Scotland) (No. 2) Regulations 2025 (S.S.I. 2025/397), regs. 1(1), 3(3)(d)(ii)
- F11
Reg. 18(7)(8) substituted for reg. 18(7) (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 9(e)
Marginal citations
- M1