The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015

Regulation 11(1) and (2)

SCHEDULE 1 S Agricultural activity: further criteria

PART 1 S Criteria established for the purposes of Article 4(1)(c)(ii) of the Direct Payments Regulation: maintaining an agricultural area in a state which makes it suitable for grazing or cultivation

1.  The criteria are— S

(a) in respect of agricultural areas other than agricultural areas naturally kept in a state suitable for grazing or cultivation, a farmer must—

(i) take action to control injurious weeds to which the Weeds Act 1959 M1 applies; and

(ii) maintain access to those areas for livestock or farm machinery and, where those areas include permanent grassland, maintain existing stock proof boundaries and water sources for livestock; and

(b) in respect of arable land, a farmer must take action to prevent the encroachment of scrub on that land.

Marginal Citations

M1 1959 c.54.

PART 2 S Minimum activity for the purposes of Article 4(1)(c)(iii) of the Direct Payments Regulation

2.—(1) A farmer must— S

(a) stock the land for a period or periods totalling not less than 183 days in any calendar year, in accordance with the minimum stocking density; or

(b) carry out an environmental assessment of the land in each calendar year which comprises—

(i) a map and description of the farm environment;

(ii) surveys of breeding birds, mammals, butterflies and plant health; and

(iii) monitoring of habitats.

(2) In this Part—

“dairy ring fence area” has the meaning given in Part 3 of this Schedule;

“livestock unit” means a unit of measurement of livestock numbers, and each of the following constitute one livestock unit—

(a)

one beef cow over 24 months of age;

(b)

1.66 beef cows over 20 months and up to and including 24 months of age;

(c)

within the dairy ring fence area, one dairy cow over 24 months of age;

(d)

within the dairy ring fence area, 1.66 dairy cows over 20 months and up to and including 24 months of age;

(e)

6.66 breeding ewes [F1 , ewe hoggs] or gimmers;

(f)

6.66 breeding female goats kept as part of a regular breeding herd for fibre production;

(g)

3.33 breeding female farmed deer aged 27 months and over;

(h)

5 breeding female farmed deer aged over 6 months but less than 27 months of age; F2 ...

(ha)

[F3 2.5 farmed stags aged 27 months and over; or]

(i)

3.33 breeding female llamas kept as part of a regular breeding herd; and

“minimum stocking density” means—

(a)

a stocking density of 0.05 livestock units per hectare; or

(b)

a stocking density of less than 0.05 livestock units per hectare where the farmer can demonstrate that such a stocking density is appropriate for the land by reference to—

(i)

the historic records kept in respect of the carrying capacity of the holding; or

(ii)

an environmental management agreement which the farmer has entered into with Scottish Natural Heritage M2 or an agri-environment commitment to which the farmer is subject under Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) etc M3 or under Regulation (EU) No 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 M4 .

Textual Amendments

F1 Words in sch. 1 Pt. 2 inserted (27.6.2015) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/215), regs. 1(3), 8

F2 Word in sch. 1 para. 2(2)(h) omitted (15.5.2018) by virtue of The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 10(a)

F3 sch. 1 para. 2(2)(ha) inserted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 10(b)

Marginal Citations

M2 Scottish Natural Heritage was established under section 1 of the Natural Heritage (Scotland) Act 1991 (1991 c.28).

M3 OJ L 277, 21.10.2005, p.1, as last amended by Regulation (EU) No 1312/2011 of the European Parliament and of the Council (OJ L 339, 21.12.2011, p.1). Regulation 1698/2005 was repealed subject to savings by Article 88 of Regulation (EU) No 1305/2013.

M4 OJ L 347, 20.12.2013, p.487, as amended by Regulation (EU) No 1310/2013 (OJ L 347, 20.12.2013, p.865).

PART 3 S Meaning of dairy ring fence area

• In Part 2, “dairy ring fence area” means—

  (a)

  the islands of Shetland;

  (b)

  the islands of Orkney;

  (c)

  the islands of Islay, Jura, Arran, Bute, Great Cumbrae, Little Cumbrae and the Kintyre Peninsula south of Tarbert;

  (d)

  the islands of the Outer Hebrides and the Inner Hebrides; and

  (e)

  the areas of land within Argyll and Bute Council comprising those parts of the parishes of Dunoon and Kilmun and Inverchaolain bounded as follows—

  Starting in the North on the shore of Loch Striven at point national grid reference NS/095708; then in an easterly direction along the Ministry of Defence boundary to point national grid reference NS/098708; then in a northerly direction along the Ministry of Defence boundary to point national grid reference NS/097711; then in a north-easterly direction along the Ministry of Defence boundary to point national grid reference NS/098711; then in a northerly direction along the Ministry of Defence boundary to point national grid reference NS/098712; then in a north north-easterly direction along the Ministry of Defence boundary to point national grid reference NS/099713; then in a north-easterly direction to point national grid reference NS/103714; then in a southeasterly direction to point national grid reference NS/107712; then in a easterly direction along the forestry fence to point national grid reference NS/111712; then in a southerly direction along the forestry fence to point national grid reference NS/110708; then in a south-easterly direction along the forestry fence to point national grid reference NS/112707; then in a south south-easterly direction along the forestry fence to point national grid reference NS/113704; then in a south-easterly direction to point national grid reference NS/114704; then in a southerly direction along the forestry fence to point national grid reference NS/114699; then in a south-westerly direction along the forestry fence to point national grid reference NS/112699; then in a south south-westerly direction along the forestry fence to point national grid reference NS/11163 where the forestry fence meets the A815; then in a southerly direction along the A815 to point national grid reference NS/112689; then in a north-easterly direction along the forestry fence to point national grid reference NS/114690; then in an east south-easterly direction along the forestry fence to point national grid reference NS/117688; then in a southerly direction along the forestry fence to point national grid reference NS/116685; then in a westerly direction to point national grid reference NS/114685 where the forestry fence meets a track; then in a southerly direction down the track to point national grid reference NS/114683; then in a westerly direction down a burn to point national grid reference NS/112682 where the burn meets the A815; then in a southerly direction down the A815 to point national grid reference NS/111679; then in a westerly direction to point national grid reference NS/110679 at the high water mark; then in a westerly direction for approximately 1200 metres which then turns in a northerly direction all along the shore back to the starting point of national grid reference NS/095708.

Regulation 18(5) and (6)

SCHEDULE 2 S Ecological focus areas: further criteria

[F4 PART 1 S 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

Textual Amendments

F4 sch. 2 pt. 1 substituted (24.3.2016) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/104), regs. 1, 5(a)

• Rye (Secale cereale)

• Vetch (Vicia sativa)

• Phacelia (Phacelia)

• Barley (Hordeum vulgare)

• Mustard (Sinapsis alba)

• Oats (Avena sativa)

• Alfalfa (Medicago stiva)

• [F5 Red clover (Trifolium pratense)

• White clover (Trifolium repens)]

• Radish (Raphanus)]

Textual Amendments

F5 Words in sch. 2 pt. 1 substituted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 11(a)

PART 2 S Nitrogen-fixing crops for the purposes of Article 45(10) of the Direct Payments Delegated Regulation

• Alfalfa (Medicago stiva)

• Beans (Vicia)

• Birdsfoot trefoil (Lotus corniculatus)

• Chickpeas (Cicer)

• [F6 Red clover (Trifolium pratense)

• White clover (Trifolium repens)]

• Faba bean (Vicia faba)

• Lentils (Culinaris)

• Lupins (Lupinus) Peas (Pisum)

• Vetch (Vicia sativa)

Textual Amendments

F6 Words in sch. 2 pt. 2 substituted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 11(b)

PART 3 S Additional conditions for the purposes of Article 45(10) of the Direct Payments Delegated Regulation

1.  Nitrogen-fixing crops must not be harvested before 1st August in any calendar year. S

[F7 2.   Areas with nitrogen-fixing crops must be surrounded by a buffer strip or field margin, which is an ecological focus area as referred to in point (d) of the first sub-paragraph of Article 46(2) of the Direct Payments Regulation as construed with Article 45(5) of the Direct Payments Delegated Regulation, with a minimum width of 1 metre and a maximum width of 20 metres.] S

Textual Amendments

F7 sch. 2 pt. 3 para. 2 substituted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 11(c)(i)

[F8 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. S

(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.

[F9 (3) In sub-paragraphs (1) and (2), “crop species” includes a mixture of any of the crop species listed in Part 2 of this schedule.

(4) Despite sub-paragraphs (1) and (2), areas with nitrogen fixing crops may also be established by sowing at least 1 of the crop species listed in Part 2 of this schedule with any other crop species, provided that the crop species listed in Part 2 of this schedule is predominant by weight of seed.

(5) In sub-paragraph (4)—

“crop species listed in Part 2 of this schedule” includes a mixture of any of the crop species listed in Part 2 of this schedule; and

“other crop species” includes-

(a)

a mixture of any of the crop species listed in Part 2 of this schedule and any other crop species; and

(b)

a mixture of any crop species not listed in Part 2 of this schedule.]]

Textual Amendments

F8 sch. 2 pt. 3 paras. 3, 4 inserted (24.3.2016) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/104), regs. 1, 5(b)(ii)

F9 sch. 2 para. 3(3)-(5) substituted for sch. 2 para. 3(3) (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 11(c)(ii)

[F8 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.] S

Textual Amendments

F8 sch. 2 pt. 3 paras. 3, 4 inserted (24.3.2016) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/104), regs. 1, 5(b)(ii)

Regulation 18A

[F10 SCHEDULE 3 S Voluntary coupled support

Textual Amendments

F10 schs. 3, 4 inserted (27.6.2015) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/215), reg. 1(3), sch.

PART 1 S Voluntary coupled support – bovine animals

Interpretation S

1.   In this Part—

“applicant” means a farmer whose holding is wholly or partly situated in Scotland and who, at the time of submitting an application, is producing beef or veal in any part of the holding situated in Scotland;

“application” means an application for a Scheme payment under paragraph 2;

“bovine animal” means an animal of the bovine species;

“Cattle Identification Regulations” means the Cattle Identification (Scotland) Regulations 2007;

“cattle passport” has the same meaning as in the Cattle Identification Regulations;

“eartag identification code” means the unique identification code for the purposes of Article 4(1) of Regulation 1760/2000 and regulation 5 of and Schedule 1 (ear tags) to the Cattle Identification Regulations;

“eligible bovine animal” has the meaning given in paragraph 3;

“holding”, for the purposes of paragraph 3, means a holding defined in Article 2 of Regulation 1760/2000;

“identification document” has the same meaning as in regulation 2(1) of the Cattle Identification Regulations;

“Regulation 1760/2000” means Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Regulation (EC) No 820/97;

“Scheme payment” means a payment by way of coupled support under and in accordance with Chapter 1 of Title IV (voluntary coupled support) of the Direct Payments Regulation; and

“Scheme year” means the calendar year in which a particular application for a Scheme payment is made under paragraph 2.

Application for a Scheme payment S

2.— (1) An applicant may, during a calendar year, submit an application to the Scottish Ministers in respect of any eligible bovine animal.

(2) A Scheme payment for a particular Scheme year is to be made in respect of an application made during that Scheme year.

(3) An application is to be made in such form and include such information as may be specified by the Scottish Ministers.

(4) In accordance with Article 3 of the Horizontal Implementing Regulation, an application may be withdrawn in writing in respect of any bovine animal included in that application.

(5) In respect of any bovine animal for which an application is made, that application must include—

(a) the eartag identification code;

(b) details concerning the identification document which has been issued in respect of that animal; and

(c) such other information as the Scottish Ministers may require.

(6) For the purposes of this paragraph, an applicant must have submitted a single application in accordance with these Regulations in the Scheme year.

Eligible bovine animal S

3.   For the purposes of Article 53 of the Direct Payments Delegated Regulation and this Schedule, an eligible bovine animal means a bovine animal—

(a) which genetically is at least 75 per cent of a breed of bovine animal other than a breed listed in Schedule 4;

(b) which was born on the applicant’s holding on or after 2nd December 2014 and kept on that holding from birth for a continuous period of at least 30 days; F11 ...

[F12 (c) which is reared for the production of beef as part of a suckler beef herd; and

(d) in respect of which the following requirements of the Cattle Identification Regulations have been complied with—

(i) regulation 5 and schedule 1 (ear tags);

(ii) regulation 6 and paragraph 2 of schedule 2 (notification of movement);

(iii) regulation 7 and schedule 3 (cattle passports etc.); and

(iv) regulation 8 and schedule 4 (records).]

Textual Amendments

F11 Word in sch. 3 para. 3(b) omitted (15.3.2017) by virtue of The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/98), regs. 1, 4(a)

F12 Sch. 3 para. 3(c)(d) substituted for sch. 3 para. 3(c) (15.3.2017) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/98), regs. 1, 4(b)

Scheme payments S

4.   A Scheme payment to be made in respect of an eligible bovine animal must be determined by the Scottish Ministers in accordance with—

(a) Article 52(3) of the Direct Payments Regulation;

(b) Article 52(6) of the Direct Payments Regulation; and

(c) Article 53(2) of the Direct Payments Delegated Regulation.

PART 2 S Voluntary coupled support – ovine animals

Interpretation S

5.   In this Part—

“applicable requirements” means the requirements in relation to—

(a)

means of identification;

(b)

replacement means of identification; and

(c)

holding register and movement requirements;

“applicant” means a farmer—

(a)

whose holding is wholly or partly situated in Scotland and who, at the time of submitting an application, is producing sheepmeat on any agricultural areas of any part of the holding situated in Scotland comprising parcels of land in region 3; and

(b)

in respect of any part of whose holding is situated in Scotland—

(i)

at least 80 per cent of the total agricultural area declared for the purposes of a payment under Chapter 1 of Title III (basic payment scheme) of the Direct Payments Regulation on that farmer’s single application in the Scheme year comprises parcels of land in region 3; and

(ii)

no more than 200 hectares of that area declared comprises parcels of land in region 1;

“application” means an application for a Scheme payment under paragraph 6;

“eligible ovine animal” has the meaning given in paragraph 7;

“holding”, for the purposes of paragraph 7, means a holding defined in Article 2 of Regulation 21/2004;

“holding register and movement requirements” means the requirements under—

(a)

Articles 5(1), (3) and (5), 6(1) and (3) and 8(2) of Regulation 21/2004; and

(b)

articles 22, 23 and 25 of the Sheep and Goats Order;

“means of identification” means the requirements on the first and second means of identification under—

(a)

Articles 4(1) and (2)(a) and (b) and 9 of, and Sections A.1 to A.4 and A.6 of the Annex to, Regulation 21/2004; and

(b)

articles 5, 30 and 37 of the Sheep and Goats Order,

as read with Article 30(5) of the Horizontal Delegated Regulation;

“ovine animal” means an animal of the ovine species;

“region 1” means the region applied by the Scottish Ministers under and in accordance with Article 23(1) of the Direct Payments Regulation as region 1 of Scotland and comprising parcels of land that are arable land, permanent grassland or temporary grassland other than rough grazing land;

“Regulation 21/2004” means Council Regulation (EC) No 21/2004 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC;

“replacement means of identification” means the requirements on removal and replacement of the means of identification under Article 4(6) of Regulation 21/2004 and articles 14, 15, 18 and 19 of the Sheep and Goats Order;

“Scheme payment” means a payment by way of coupled support under and in accordance with Chapter 1 of Title IV (voluntary coupled support) of the Direct Payments Regulation;

“Scheme year” means the calendar year in which a particular application is made under paragraph 6; and

“Sheep and Goats Order” means the Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009.

Application for a Scheme payment S

6.— (1) [F13 Subject to [F14 sub-paragraphs (1A) and (1B)], an applicant] may, during the period beginning 1st September and ending on 16th October in any calendar year, submit an application to the Scottish Ministers for a Scheme payment in respect of any eligible ovine animal.

[F15 (1A) In respect of calendar year 2017, the final date for submitting an application to the Scottish Ministers for a scheme payment in respect of any eligible ovine animal is 30th November 2017.]

[F16 (1B) In respect of calendar year 2018 and any subsequent calendar year, the final date for submitting an application to the Scottish Ministers for a scheme payment in respect of any eligible ovine animal is 30th November.]

(2) A Scheme payment for a particular Scheme year is to be made in respect of an application for a Scheme payment made during that Scheme year.

(3) An application is to be made in such form and include such information as may be specified by the Scottish Ministers.

(4) In accordance with Article 3 of the Horizontal Implementing Regulation, an application may be withdrawn in writing in respect of any ovine animal included in that application.

(5) In respect of any ovine animal for which an application is made, that application must include—

(a) details concerning the means of identification in respect of that animal; and

(b) such other information as the Scottish Ministers may require.

(6) For the purposes of this paragraph, an applicant must have submitted a single application in accordance with these Regulations in the Scheme year.

Textual Amendments

F13 Words in sch. 3 para. 6(1) substituted (9.10.2017) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment (No. 2) Regulations 2017 (S.S.I. 2017/317), regs. 1, 2(a)

F14 Words in sch. 3 para. 6(1) substituted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 12(a)(i)

F15 sch. 3 para. 6(1A) inserted (9.10.2017) by The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment (No. 2) Regulations 2017 (S.S.I. 2017/317), regs. 1, 2(b)

F16 sch. 3 para. 6(1B) inserted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 12(a)(ii)

Eligible ovine animal S

7.   For the purposes of Article 53 of the Direct Payments Delegated Regulation and this Schedule, an eligible ovine animal means an ovine animal—

(a) which was born on the applicant’s holding;

(b) which has been kept on that holding from birth and will be kept on that holding during the period beginning on [F17 1st December] of the Scheme year and ending on 31st March of the following calendar year;

(c) which is less than 12 months old on [F18 1st December] of the Scheme year; and

(d) in respect of which the applicable requirements have been complied with.

Textual Amendments

F17 Words in sch. 3 para. 7(b) substituted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 12(b)(i)

F18 Words in sch. 3 para. 7(c) substituted (15.5.2018) by The Common Agricultural Policy (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/122), regs. 1, 12(b)(ii)

Scheme payments S

8.— (1) Subject to sub-paragraph (2), a Scheme payment to be made in respect of an eligible ovine animal must be determined by the Scottish Ministers in accordance with—

(a) Article 52(3) of the Direct Payments Regulation;

(b) Article 52(6) of the Direct Payments Regulation; and

(c) Article 53(2) of the Direct Payments Delegated Regulation.

(2) A Scheme payment may be made in respect of an eligible ovine animal up to a maximum of one animal for every 4 hectares of agricultural area declared by the applicant for the purposes of a payment under Chapter 1 of Title III (basic payment scheme) of the Direct Payments Regulation on a single application in the relevant Scheme year and comprising parcels of land in region 3.]

Regulation 18A and Schedule 3, paragraph 3(a)

[F10 SCHEDULE 4 S Ineligible breeds – bovine animals

• Armoricaine;

• Australian Lowline;

• Ayrshire;

• Ayrshire Cross;

• Belted Dutch;

• Belted Dutch Cross;

• Black and White Friesian;

• F19 ...

• F19 ...

• Bretonne Pie-Noire;

• British Friesian;

• British Friesian Cross;

• British Holstein;

• British Holstein Cross;

• Brown Swiss;

• Brown Swiss Cross;

• Cross breed Dairy;

• Dairy Shorthorn;

• Dairy Shorthorn Cross;

• Deutsche Schwartzbunte;

• Estonian Red;

• Estonian Red Cross;

• F19 ...

• F19 ...

• Française Frisonne Pie-Noire;

• Fries Holland;

• Friesian;

• Friesian Cross;

• Frisona Espagñola;

• Frisona Espagñola Cross;

• Frisona Italiana;

• Groninger Blaarkop;

• Guernsey;

• Guernsey Cross;

• Holstein;

• Holstein Cross;

• Holstein Friesian;

• Holstein Friesian Cross;

• Jersey;

• Jersey Cross;

• Kerry;

• Kerry Cross;

• Northern Dairy Shorthorn;

• Pie-Noire de Belgique;

• Red and White Freisian;

• Reggiana;

• Sortbroget Dansk Malkerace;

• Swartzbunte Milchrasse;

• Swiss Gray;

• Swedish Red;

• Swedish Red Cross;

• F19 ...

• Swedish Red and White;

• F19 ...

• Yak;

• Zwartbonten van Belge; or

• any other dairy breed.]

Textual Amendments

F19 Words in sch. 4 omitted (15.3.2017) by virtue of The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/98), regs. 1, 5