The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

Soil protection U.K.

3.—(1) A beneficiary must take all reasonable steps to ensure that land is covered by crops, stubbles, residues or other vegetation to protect the soil unless—

(a) the beneficiary has an agronomic justification for not taking such steps, or

(b) taking such steps would conflict with the requirements of sub-paragraph (3).

(2) A beneficiary has an agronomic justification for not taking such steps if and for as long as—

(a) the absence or removal of such cover is—

(i) permitted under the terms of any commitment,

(ii) permitted under Chapter 3 of Title III of the Direct Payments Regulation,

(iii) permitted under Chapter 3 of the Direct Payments Delegated Regulation;

(iv) for the purpose of establishing habitat conditions beneficial for biodiversity or wildlife;

(v) for the purpose of removing turf for use otherwise than as a fuel;

(b) the land is being prepared as a seedbed for sowing the subsequent crop and is sown with a crop within 14 days of having been so prepared or, if that is not reasonably practicable due to weather conditions, as soon as reasonably practicable thereafter;

(c) the land is being managed for the control of pests, diseases or weeds;

(d) the land is being used for the installation and maintenance of field drains;

(e) the land is heathland to which restoration techniques are being applied;

(f) the land is not so covered due to the burning of “specified vegetation” within the meaning of regulation 2 of the Heather and Grass etc Burning (England) Regulations 2007, in accordance with regulation 5(2) or 6(1)(a) of those Regulations;

(g) the land is used for outdoor pig or poultry production or out-wintered livestock where it is not reasonably practicable to maintain such cover due to the actions of the animals;

(h) the action of frost on the land over the winter is being used to break down the soil naturally to create a seedbed for spring cropping;

(i) the land is peat land, to the extent that the soil is already bare provided that the beneficiary did not cause it to be in that condition; or

(j) the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission not to take such steps.

(3) A beneficiary must take all reasonable steps to prevent excessive soil erosion on the land.

(4) In sub-paragraph (3), “excessive soil erosion” means soil loss or degradation—

(a) over a single area, crossing permanent boundary features (if any), of at least 1 hectare, or

(b) caused by livestock trampling alongside a watercourse over a single stretch, crossing permanent boundary features (if any), which is at least 2 metres wide for a continuous length of 20 metres.