The Set-Aside (Amendment) Regulations 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Set-Aside Regulations 1988 consistently with the provisions in article 1a of Council Regulation (EEC) No. 797/85, (OJ No. L93, 30.3.85, p. 1) as amended by Council Regulation (EEC) No. 1760/87 (OJ No. L167, 26.6.87, p. 1) and Council Regulation (EEC) No. 1094/88 (OJ L106, 27.4.88, p. 28) and the detailed rules in Commission Regulation (EEC) No. 1272/88 OJ No. L121, 11.5.88, p. 36. They enable farmers who had livestock in the reference period (1st July 1987–30th June 1988) to graze on their holdings no more than the equivalent of that number of livestock units, and farmers who did not have livestock in the reference period to graze deer or goats up to one livestock unit per forage hectare (regulations 5 and 9 and Schedule 3). Farmers who make use of this optional use of fallow land are required to comply with certain conditions, including conditions as to the application of fertilisers (other than manure produced by the livestock), pesticides and herbicides, and as to maintenance of environmental features. Grass must be sown and may not be cut more than once in every year (regulation 8 and Schedule 2).

The Regulations also increase the payments made to farmers who use their set-aside land for permanent fallow or rotational fallow, and who, in addition to observing the current management conditions, agree to cut plant cover on that land twice a year, including once between 30th June and 1st September, and to maintain unimproved grassland, moorland and heath, vernacular buildings and stone walls on their holding (regulation 15 and Schedule 1). The increases will apply to all farmers who apply to set aside land with effect from 1st October 1990, who will automatically be bound, with lower increases to existing participants who elect to be bound and participants who, by changing their undertaking, are obliged to observe the new rules (regulation 8). The payment rates for these categories will be reduced for each hectare over 100 hectares where a farmer has undertaken to set aside for permanent fallow or rotational fallow more than 100 hectares, and more than 75 per cent, of the relevant arable land in the reference period (Schedule 1). Other minor amendments have been made.

The Regulations also implement Commission Regulation (EEC) No. 3981/89 (OJ No. L380, 29.12.89, p. 22) amending Commission Regulation (EEC) No. 1272/88, by allowing farmers who set aside land for rotational fallow to offset reductions in the area set aside in one year with increases in a previous year (regulation 8). Farmers must not increase or reduce the area of the land set aside for rotational fallow by more than 10 per cent; reduce that area below 20 per cent of the relevant arable land on the holding in the reference period; or increase it to more than the area of relevant arable land on the holding in the reference period.