OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations make modifications to improve the operation of the provisions of Regulation (EU) No1307/2013 (the “Direct Payments Regulation”) and the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 (the “2015 Regulations”) in relation to the requirements for ecological focus areas and the terms of the Scottish Suckler Beef Support Scheme.

Regulation 2 makes a number of amendments to the requirements for ecological focus areas in the Direct Payments Regulation:

  • Regulation 2(2)(a) increases, from 1 January 2027, the percentage of a holding that is to be maintained as an ecological focus area from 5% to 7%.

  • Regulation 2(2)(b) adds four new options for ecological focus areas to the list at Article 46(2) of the Direct Payments Regulation.

  • Regulation 2(2)(c) removes the exemption from the requirement to maintain ecological focus areas for holdings with more than 75% arable land used for the production of grasses, land lying fallow or the cultivation of leguminous crops or where more than 75% of the eligible agricultural area is permanent grassland, is used for the production of grasses, or for the cultivation of crops under water.

  • Regulation 2(2)(d) introduces a requirement to prepare and maintain an EFA map.

  • Regulation 2(3) sets out the conversion and weighting factors which apply to the new EFA options.

Regulation 3 modifies the 2015 Regulations in relation to ecological focus areas to reflect the changes made by regulation 2 and make further amendments to the conditions for ecological focus areas. It also makes changes to the Scottish Suckler Beef Support Scheme:

  • Regulation 3(2) removes the requirement to have a fertiliser and lime management plan.

  • Regulation 3(3)(b) increases the field margins from 1 metre to 3 metres.

  • Regulation 3(3)(c) removes the restriction on harvesting areas under catch crops prior to 31 December.

  • Regulation 3(3)(d)(i) makes a minor change to the date by which green cover crops must be sown.

  • Regulation 3(3)(d)(ii) removes the restriction on harvesting areas under green cover prior to 31 December.

  • Regulation 3(4) adds additional crop species to the lists of green cover and nitrogen-fixing crops.

  • Regulation 3(5)(a), (b) and (c) extend the application window for Scottish Suckler Beef Support Scheme payments, permitting submissions up to and including 14 January following the end of the relevant calendar year.

  • Regulation 3(5)(d) provides a derogation from the eligibility conditions set out in paragraph 3(ba) of schedule 3 for applicants claiming ten or fewer calves in a Scheme year. Where the derogation applies, the claimed calves are not required to be either the first born of their mother or born within 410 days of the mother’s previous qualifying calf. All other eligibility criteria in paragraph 3 continue to apply.