Paragraph 4 The wild bird cover option

(1)

In each field or part of a field to be managed in accordance with the wild bird cover option, a farmer must —

(a)

subject to sub-paragraph (2) and paragraph 7, either —

(i)

establish a green cover by the start of the current green cover season by allowing natural regeneration following the last crop produced in that field or part of a field in the previous year; or

(ii)

establish a green cover by the start of the current green cover season by sowing a relevant mixture of seed.

(b)

where a green cover was established by the start of the current green cover season in accordance with sub-paragraph (a)(i) —

(i)

maintain that green cover until it is replaced in accordance with sub-paragraph (ii); and

(ii)

replace that green cover by sowing a new green cover comprising a relevant mixture of seed as early as is practicable after the start of the current green cover season and the destruction of the green cover that is to be replaced;

(c)

subject to paragraph 8, 12 and 13, maintain the green cover established under paragraph (a)(ii) or (b)(ii) until the end of the relevant period; and

(d)

cut or destroy the cover in accordance with paragraph 6, unless —

(i)

the field is to be set aside from production in the following year; and

(ii)

the farmer has not harvested any of the green cover, or permitted any of it to be harvested or grazed, in the current year.

(2)

The requirement to establish a green cover in accordance with sub-paragraph (1)(a) does not apply —

(a)

in 2005, where —

(i)

the field or part of a field was set aside in 2004 pursuant to Article 6 of Council Regulation 1251/1999 and was managed during that year in accordance with the wild bird cover option set out in paragraph 4 of Schedule 2 to the Arable Area Payments Regulations 1996; and

(ii)

the green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover season; and

(b)

in 2006 and in each year thereafter, where —

(i)

the field or part of a field was set aside in the previous year;

(ii)

the field or part of a field was managed during that year in accordance with the wild bird cover option; and

(iii)

the green cover established in accordance with the requirements of that option has been maintained until the beginning of the current green cover season in the year in question.