Article 44 Crop diversificationF1F2C1C2C3C4F3
United Kingdom
Where the arable land of the farmer covers between 10 and 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least two different crops on that arable land. The main crop shall not cover more than 75 % of that arable land.
Where the arable land of the farmer covers more than 30 hectares and is not entirely cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle, there shall be at least three different crops on that arable land. The main crop shall not cover more than 75 % of that arable land and the two main crops together shall not cover more than 95 % of that arable land.
Without prejudice to the number of crops required pursuant to paragraph 1, the maximum thresholds set out therein shall not apply to holdings where grasses or other herbaceous forage or land lying fallow or cultivated with crops under water for a significant part of the year or for a significant part of the crop cycle cover more than 75 % of the arable land. In such cases, the main crop on the remaining arable area shall not cover more than 75 % of that remaining arable land, except where this remaining area is covered by grasses or other herbaceous forage or land lying fallow.
Paragraphs 1 and 2 shall not apply to holdings:
where more than 75 % of the arable land is used for the production of grasses or other herbaceous forage, is used for cultivation of leguminous crops, is land lying fallow or is subject to a combination of those uses;
where more than 75 % of the eligible agricultural area is permanent grassland, is used for the production of grasses or other herbaceous forage or for the cultivation of crops under water for a significant part of the year or for a significant part of the crop cycle, or is subject to a combination of those uses;
where more than 50 % of the areas of arable land declared were not declared by the farmer in his aid application of the previous year and, where based on a comparison of the geo-spatial aid applications, all arable land is being cultivated with a different crop compared to that of the previous calendar year;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of this Article, a "crop" means any of the following:
a culture of any of the different genera defined in the botanical classification of crops;
a culture of any of the species in the case of Brassicaceae, Solanaceae, and Cucurbitaceae;
land lying fallow;
grasses or other herbaceous forage.
Winter crop and spring crop shall be considered to be distinct crops even if they belong to the same genus. Triticum spelta shall be considered to be a distinct crop from crops belonging to the same genus.
The F6appropriate authority may make regulations:
recognising other types of genera and species than those referred to in paragraph 4 of this Article; and
laying down the rules concerning the application of the precise calculation of shares of different crops.
Annotations
Textual amendments
- F1
Regulation revoked (E.) (1.1.2024) by The Agriculture (Delinked Payments and Consequential Provisions) (England) Regulations 2023 (S.I. 2023/1430), reg. 1(2)(a), Sch. 3 para. 1 Table 1 (with Sch. 3 Pt. 2)
- F2
Title 3 Ch. 3 omitted (W.) (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), 7(19); Title 3 Ch. 3 omitted (E.) (1.1.2021 in relation to an application for direct payments made in 2021 or in any subsequent year) by virtue of The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 5(6) (with reg. 1(2)); and Title 3 Ch. 3 omitted (N.I.) (25.2.2021) by virtue of The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 4(5)
- F3
Art. 44 omitted (S.) (1.1.2021) by virtue of The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 2(4)
- F4
- F5
Art. 44(3)(d) omitted (31.1.2020) by virtue of The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(16)(a)
- F6
Words in Art. 44(5) substituted (31.1.2020) by The Rules for Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/91), regs. 1(2), 5(16)(b)
Modifications
- C1
Art. 44 excluded (N.I.) (30.4.2020) by The Direct Payments to Farmers (Crop Diversification Derogation) Regulations (Northern Ireland) 2020 (S.R. 2020/75), regs. 1, 2
- C2
Art. 44 excluded (W.) (30.4.2020) by The Direct Payments to Farmers (Crop Diversification Derogation) (Wales) Regulations 2020 (S.I. 2020/470), regs. 1(2), 2(a)(ii) (with reg. 3)
- C3
Art. 44 excluded (E.) (1.5.2020) by The Direct Payments to Farmers (Crop Diversification Derogation) (England) Regulations 2020 (S.I. 2020/475), regs. 1(1), 2
- C4
Art. 44 excluded (S.) (1.5.2020) by The Direct Payments (Crop Diversification Derogation) (Scotland) Regulations 2020 (S.S.I. 2020/135), regs. 1(1), 2
Notes on Title III
Textual amendments
- F2
Words in Title 3 heading substituted (N.I.) (1.1.2026 in relation to the 2026 scheme year and subsequent years) by The Farm Sustainability (Transitional Provisions) Regulations (Northern Ireland) 2025 (S.R. 2025/33), Sch. 2 para. 2(5)