SCHEDULE 1The SCMO Regulations
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Commission Regulation (EEC) No. 1361/76 laying down certain detailed rules for applying the export refund on rice and on mixtures of rice M1
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Commission Regulation (EC) No. 1439/95 laying down detailed rules for the application of Council Regulation (EEC) No. 3013/89 as regards the import and export of products in the sheepmeat and goatmeat sector M2
Commission Regulation (EC) No. 1517/95 laying down detailed rules for the application of Regulation (EEC) No. 1766/92 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No. 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice M3
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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 Council Regulation (EC) No. 820/97 M4
Commission Regulation (EC) No. 1825/2000 laying down detailed rules for the application of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products M5
Commission Regulation (EC) No. 1488/2001 laying down rules for the application of Council Regulation (EC) No. 3448/93 as regards the placement of certain quantities of certain basic products listed in Annex I to the Treaty establishing the European Community under the inward processing arrangements without prior examination of the economic conditions M6
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Commission Regulation (EC) No. 2298/2001 laying down detailed rules for the export of products supplied as food aid M7
Commission Regulation (EC) No. 2535/2001 laying down detailed rules for applying Council Regulation (EC) No. 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas
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Commission Regulation (EC) No. 1082/2003 laying down detailed rules for the implementation of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals M8
Commission Regulation (EC) No. 1342/2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice M9
Commission Regulation (EC) No. 2305/2003 opening and providing for the administration of a Community tariff quota for imports of barley from third countries M10
Commission Regulation (EC) No. 2336/2003 introducing certain detailed rules for applying Council Regulation (EC) No. 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin M11
Commission Regulation (EC) No. 595/2004 laying down detailed rules for applying Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector M12
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Commission Regulation (EC) No. 1345/2005 laying down detailed rules for the application of the system of import licences for olive oil M13
Commission Regulation (EC) No. 1993/2005 on the adjustment of the export refunds on malt under Article 15(4) of Council Regulation (EC) No. 1784/2003 M14
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Commission Regulation (EC) No. 952/2006 laying down detailed rules for the application of Council Regulation (EC) No. 318/2006 as regards the management of the Community market in sugar and the quota system M15
Commission Regulation (EC) No. 967/2006 laying down detailed rules for the application of Council Regulation (EC) No. 318/2006 as regards sugar production in excess of the quota M16
Commission Regulation (EC) No. 969/2006 opening and providing for the administration of a Community tariff quota for imports of maize from third countries M17
Commission Regulation (EC) No. 972/2006 laying down special rules for imports of Basmati rice and a transitional control system for determining their origin M18
Commission Regulation (EC) No. 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences M19
Commission Regulation (EC) No. 1505/2006 implementing Council Regulation (EC) No. 21/2004 as regards the minimum level of checks to be carried out in relation to the identification and registration of ovine and caprine animals M20
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Commission Regulation (EC) No. 1643/2006 laying down detailed rules for the application of granting of assistance for the export of beef and veal products which may benefit from a special import treatment in a third country M21
Commission Regulation (EC) No. 1670/2006 laying down certain detailed rules for the application of Council Regulation (EC) No. 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks M22
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Commission Regulation (EC) No. 1850/2006 laying down detailed rules for the certification of hops and hop products M23
Commission Regulation (EC) No. 1918/2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia M24
Commission Regulation (EC) No. 1964/2006 laying down detailed rules for the opening and administration of an import quota for rice originating in Bangladesh, pursuant to Council Regulation (EEC) No. 3491/90 M25
Commission Regulation (EC) No. 1979/2006 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries M26
Commission Regulation (EC) No. 88/2007 laying down special detailed rules for the application of the system of export refunds on cereals exported in the form of pasta products falling within CN codes 19021100 and 190219 M27
Commission Regulation (EC) No. 341/2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries M28
Commission Regulation (EC) No. 433/2007 laying down the conditions for granting special export refunds for beef and veal M29
Commission Regulation (EC) No. 445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products M30
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Commission Regulation (EC) No. 533/2007 opening and providing for the administration of tariff quotas in the poultrymeat sector M31
Commission Regulation (EC) No. 536/2007 opening and providing for the administration of a tariff quota for poultrymeat allocated to the United States of America M32
Commission Regulation (EC) No. 539/2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin M33
Commission Regulation (EC) No. 616/2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries M34
Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products M35
Commission Regulation (EC) No. 1299/2007 on the recognition of producer groups for hops M36
Commission Regulation (EC) No. 1359/2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals M37
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Commission Regulation (EC) No. 1384/2007 laying down detailed rules for the application of Council Regulation (EC) No. 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel M38
Commission Regulation (EC) No. 1385/2007 laying down detailed rules for the application of Council Regulation (EC) No. 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat M39
Commission Regulation (EC) No. 1454/2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products M40
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Commission Regulation (EC) No. 273/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1255/1999 as regards methods for the analysis and quality evaluation of milk and milk products M41
Commission Regulation (EC) No. 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products M42
Commission Regulation (EC) No. 382/2008 on rules of application for import and export licences in the beef and veal sector M43
Commission Regulation (EC) No. 412/2008 opening and providing for the administration of an import tariff quota for frozen beef intended for processing M44
Commission Regulation (EC) No. 431/2008 opening and providing for the administration of an import tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 02062991 M45
Commission Regulation (EC) No. 507/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre M46
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Commission Regulation (EC) No. 543/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing standards for poultrymeat M47
Commission Regulation (EC) No. 566/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less M48
Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs M49
Commission Regulation (EC) No. 617/2008 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks M50
Commission Regulation (EC) No. 657/2008 laying down detailed rules for applying Council Regulation (EC) No. 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments M51
Commission Regulation (EC) No. 748/2008 on the opening and administration of an import tariff quota for frozen thin skirt of bovine animals falling within CN code 02062991 M52
Commission Regulation (EC) No. 826/2008 laying down common rules for the granting of private storage aid for certain agricultural products M53
Commission Regulation (EC) No. 903/2008 on special conditions for granting export refunds on certain pigmeat products M54
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Commission Regulation (EC) No. 1067/2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007 M55
F2Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals
Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcases and as regards the reporting of market prices of certain categories of carcases and live animals.
Commission Regulation (EC) No. 1276/2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts M56
Commission Regulation (EC) No. 1295/2008 on the importation of hops from third countries M57
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Commission Regulation (EC) No. 296/2009 on detailed rules for administrative assistance with the exportation of certain cheeses subject to quota restrictions that qualifies for special treatment on importation into the United States of America M58
Commission Regulation (EC) No. 388/2009 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the import and export system for products processed from cereals and rice M59
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Commission Regulation (EC) No. 442/2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector M60
Commission Regulation (EC) No. 610/2009 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile M61
Commission Regulation (EC) No. 612/2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products M62
Commission Regulation (EC) No. 828/2009 laying down detailed rules of application for the marketing years 2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements M63
Commission Regulation (EC) No. 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector M64
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Commission Regulation (EC) No. 1130/2009 laying down common detailed rules for verifying the use and/or destination of products from intervention M65
Commission Regulation (EC) No. 1187/2009 laying down special detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards export licences and export refunds for milk and milk products M66
Commission Regulation (EU) No. 1272/2009 laying down common detailed rules for the implementation of Council Regulation (EC) No. 1234/2007 as regards buying-in and selling of agricultural products under public intervention M67
Commission Regulation (EU) No. 234/2010 laying down certain detailed rules for the application of Council Regulation (EC) No. 1234/2007 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals M68
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Commission Regulation (EU) No. 578/2010 on the implementation of Council Regulation (EC) No. 1216/2009 as regards the system of granting export refunds for certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds M69
Commission Regulation (EU) No. 642/2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No. 1234/2007 M70
Commission Regulation (EU) No. 817/2010 laying down detailed rules pursuant to Council Regulation (EC) No. 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport M71
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Commission Regulation (EU) No. 1178/2010 laying down detailed rules for implementing the system of export licences in the egg sector M72
Commission Regulation (EU) No. 1255/2010 laying down detailed rules for the application of the import tariff quotas for ‘baby beef’ products originating in Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro and Serbia M73
Commission Regulation (EU) No. 90/2011 of 3 February 211 laying down detailed rules for implementing the system of export licences in the poultrymeat sector M74
Commission Implementing Regulation (EU) No. 543/2011 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors M75
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Commission Implementing Regulation (EU) No. 1273/2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice M76
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Commission Implementing Regulation (EU) No. 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector M77
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Commission Implementing Regulation (EU) No. 480/2012 opening and providing for the management of a tariff quota for broken rice of CN code 10064000 for production of food preparations of CN code 19011000 M78
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Commission Implementing Regulation (EU) No. 511/2012 on notifications concerning producer and interbranch organisations and contractual negotiations and relations provided for in Council Regulation (EC) No. 1234/2007 in the milk and milk products sector M79
Commission Delegated Regulation (EU) No. 880/2012 supplementing Council Regulation (EC) No. 1234/2007 as regards transnational cooperation and contractual negotiations of producer organisations in the milk and milk products sector M80
Commission Implementing Regulation (EU) No. 1223/2012 laying down detailed rules for the application of an import tariff quota for live bovine animals of a weight exceeding 160 kg and originating in Switzerland provided for in the Agreement between the European Community and the Swiss Confederation on trade in agricultural products M81
Commission Implementing Regulation (EU) No. 82/2013 laying down detailed rules for the application of an import tariff quota of dried boneless beef originating in Switzerland M82
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Commission Implementing Regulation (EU) No. 457/2013 derogating from Regulations (EC) No. 412/2008 and (EC) No. 431/2008 as regards beef import quotas for the period running from 1 July 2013 to 30 June 2014 M83
Commission Implementing Regulation (EU) No. 593/2013 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat M84
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Regulation (EU) No. 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products M85
Council Regulation (EU) No. 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products M86
Commission Implementing Regulation (EU) No. 1373/2013 laying down detailed rules for implementing the system of export licences in the pigmeat sector M87
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Commission Implementing Regulation (EU) No. 411/2014 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine M88
Commission Implementing Regulation (EU) No. 412/2014 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine M89
Commission Implementing Regulation (EU) No. 413/2014 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine M90
Commission Implementing Regulation (EU) No. 414/2014 opening and providing for the administration of Union import tariff quotas for fresh and frozen pigmeat originating in Ukraine M91
Commission Implementing Regulation (EU) No. 416/2014 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine M92
Regulation (EU) No. 510/2014 of the European Parliament and of the Council laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products etc M93
Commission Implementing Regulation (EU) No. 776/2014 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2014/2015 marketing year M94
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F3Commission Delegated Regulation (EU) No 932/2014 of 29 August 2014 laying down temporary exceptional support measures for producers of certain fruit and vegetables and amending Delegated Regulation (EU) No 913/2014
F3Commission Implementing Regulation (EU) No 947/2014 of 4 September 2014 opening private storage for butter and fixing in advance the amount of aid
F3Commission Implementing Regulation (EU) No. 948/2014 opening private storage for skimmed milk powder and fixing in advance the amount of aid
F3Commission Delegated Regulation (EU) No 1031/2014 of 29 September 2014 laying down further temporary exceptional support measures for producers of certain fruit and vegetables
F3Regulation (EU) No. 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries and repealing Council Regulation (EC) No. 3/2008
F3Commission Delegated Regulation (EU) No. 2015/1366 supplementing Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to aid in the apiculture sector
F3Commission Implementing Regulation (EU) No. 2015/1368 laying down rules for the application of Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to aid in the apiculture sector
F3Commission Delegated Regulation (EU) No. 2015/1538 supplementing Regulation (EU) No. 1308/2013 of the European Parliament and of the Council with regard to import licence applications, release for free circulation and proof of refining of sugar products of CN code 1701 under preferential agreements, for the marketing years 2015/16 and 2016/17 and amending Commission Regulations (EC) No. 376/2008 and (EC) No. 891/2009
F3Commission Implementing Regulation (EU) No. 2015/1550 laying down rules for the application of Regulation (EU) No. 1308/2013 of the European Parliament and of the Council as regards the import and refining of sugar products of CN code 1701 under preferential agreements, for the marketing years 2015/2016 and 2016/2017
F3Commission Delegated Regulation (EU) No. 2015/1829 supplementing Regulation (EU) No. 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in third countries
F3Commission Implementing Regulation (EU) No. 2015/1831 laying down rules for application of Regulation (EU) No. 1144/2014 of the European Parliament and of the Council on information provision and promotion measures concerning agricultural products implemented in the internal market and in the third countries
F3Commission Delegated Regulation (EU) No. 2015/1852 opening a temporary exceptional private storage aid scheme for certain cheeses and fixing in advance the amount of aid
F3Commission Implementing Regulation (EU) No. 2015/2076 opening and providing for the administration of Union import tariff quotas for fresh and frozen pigmeat originating in Ukraine
F3Commission Implementing Regulation (EU) No. 2015/2077 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine
F3Commission Implementing Regulation (EU) No. 2015/2078 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine
F3Commission Implementing Regulation (EU) No. 2015/2079 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine
F3Commission Implementing Regulation (EU) No. 2015/2080 amending Regulation (EC) No. 2535/2001 as regards the management of import tariff quotas for dairy products originating in Ukraine and the removal of an import tariff quota for dairy products originating in Moldova
F3Commission Implementing Regulation (EU) No. 2015/2081 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine
F4Commission Delegated Regulation (EU) 2016/1613 providing for exceptional adjustment aid to milk producers and farmers in other livestock sectors
F5Commission Implementing Regulation (EU) 2017/39 on rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments
F5Commission Delegated Regulation (EU) 2017/40 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to Union aid for the supply of fruit and vegetables, bananas and milk in educational establishments and amending Commission Delegated Regulation (EU) No 907/2014
SCHEDULE 2Standards for Good Agricultural and Environmental Condition
Interpretation
1.
In this Schedule—
“beneficiary” means a beneficiary to whom Article 91 of the Horizontal Regulation applies;
“earth bank” means a mound, without a hedgerow, which is distinct from the surrounding land form, is or was once used as a boundary and has—
(a)
a continuous length of at least 10 metres;
(b)
a continuous length of less than 10 metres which meets (whether by intersection or junction) another boundary at each end; or
(c)
a continuous length of less than 10 metres which forms an enclosure;
“hedgerow” means, except as otherwise provided in F6paragraph 5(1A), a hedgerow to which the Hedgerows Regulations 1997 M95 apply;
“holding” has the meaning given by Article 91(3)(a) of the Horizontal Regulation;
“land” means land on a holding;
“weed” means any of the following—
(a)
broad-leaved dock (Rumex obtusifolius);
(b)
creeping or field thistle (Cirsium arvense);
(c)
curled dock (Rumex crispus);
(d)
giant hogweed (Heracleum mantegazzianum);
(e)
Himalayan balsam (Impatiens glandulifera);
(f)
Japanese knotweed (Reynoutria japonica);
(g)
ragwort (Senecio jacobaea);
(h)
rhododendron (Rhododendron ponticum);
(i)
spear thistle (Cirsium vulgare).
Specified provisions
2.
Breach of any of the following provisions constitutes a non-compliance.
Provision | Subject | |
|---|---|---|
The Forestry Act 1967 M96 | ||
section 9 | Felling trees | |
section 24 | Failure to comply with a notice | |
The Ancient Monuments and Archaeological Areas Act 1979 M97 | ||
section 2 | Carrying out works on a scheduled monument | |
The Highways Act 1980 M98— | ||
section 131A | Disturbance of surface of a footpath or other specified highway1 | |
section 134(3) | Failing to restore a footpath or bridleway after ploughing, etc1 | |
section 137 | Obstructing a footpath or other specified highway1 | |
section 146 | Maintenance of stiles etc | |
The Wildlife and Countryside Act 1981 M99 | ||
section 28E(1) | Carrying out specified operation on a site of special scientific interest | |
section 28P(6A) | Destroying or damaging flora, fauna or features, or disturbing fauna, on a site of a special scientific interest | |
section 28P(8) | Failure to comply with a management notice | |
section 31(5) | Failure to comply with a restoration order | |
The Town and Country Planning Act 1990 M100 | ||
section 210(1) | Failure to comply with a tree preservation order | |
section 211 | Act which might be prohibited by tree preservation regulations | |
The Water Resources Act 1991 M101 | ||
section 24(1), so far as it relates to irrigation purposes | Abstracting water without, or in breach of, a licence | |
The Crop Residues (Burning) Regulations 1993 M102 | ||
regulation 4(b) | Crop burning | |
regulation 4(c) | Crop burning3 | |
regulation 5 | Crop burning | |
The Hedgerows Regulations 1997 | ||
regulation 5 | Removing a hedgerow | |
The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 M103 | ||
regulation 4(1) | Carrying out a relevant project | |
regulation 22 | Failure to comply with an enforcement notice | |
The Environmental Impact Assessment (Agriculture) (England) (No 2) Regulations 2006 M104 | ||
regulation 4, so far as it relates to an uncultivated land project | Carrying out an uncultivated land project, etc | |
regulation 9, so far as it relates to an uncultivated land project | Carrying out a significant project | |
regulation 26 | Breach of a stop notice | |
regulation 28 | Failure to comply with a remediation notice | |
The Heather and Grass etc Burning (England) Regulations 2007 M105 | ||
regulation 5(2) | Burning specified vegetation | |
regulation 6(1)(a) | Burning specified vegetation | |
F7The Nitrate Pollution Prevention Regulations 2015 2 | ||
F8regulation 16(4) | Spreading manufactured fertiliser near surface water | |
F9regulation 17 | Spreading organic manure near surface water, boreholes, springs or wells | |
F10the Environmental Permitting (England and Wales) Regulations 2016 | ||
regulation 12(1)(b), so far as it relates to groundwater activity | Causing or knowingly permitting a groundwater activity except under and to the extent authorised by an environmental permit | |
Failure to comply with requirements relating to groundwater activities | ||
1 This is restricted to visible footpaths and other highways to which this section applies. | ||
2 This must be complied with by all beneficiaries whether or not the holding is in a nitrate vulnerable zone in accordance with those Regulations. | ||
3 The exception in regulation 4(c) to the prohibition on burning crop residue of a kind specified in Schedule 1 to those Regulations applies only if the burning of straw stack remains or broken bales does not result in the burning of arable stubble. | ||
Soil protection
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.
Protection of watercourses
4.
(1)
A beneficiary must take all reasonable steps to maintain a green cover on, and must not cultivate, or apply fertilisers or pesticides to land—
(a)
within 2 metres of the centre of a watercourse or field ditch; or
(b)
from the edge of the watercourse or field ditch to 1 metre on the landward side of the top of the bank of the watercourse or field ditch.
(2)
Sub-paragraph (1) does not apply—
(a)
in relation to the use of pesticides, if the only application of pesticides is the spot-application of herbicides to control the spread of any weeds;
F12(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
to the extent that 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 to do so.
(3)
A beneficiary may cultivate the land referred to in sub-paragraph (1) in order to establish a green cover if that land does not already have a green cover, and is—
(a)
part of a field that has been created by the merger of two or more fields;
(b)
land created by the division of a field; or
(c)
land previously excluded from the provisions of cross-compliance.
(4)
A beneficiary F13who spreads organic manure must produce and keep a map (which may be the map produced for the purposes of F14regulation 15 of the Nitrate Pollution Prevention Regulations 2015) showing—
(a)
the holding,
(b)
all surface waters on the holding and land within 10 metres of them,
(c)
all boreholes, springs and wells on the holding or within 50 metres of the holding boundary and land within 50 metres of them,
and if circumstances change, the beneficiary must update the map within three months of the change.
F15(5)
In this paragraph, “organic manure” means a nitrogen fertiliser or phosphate fertiliser derived from animal, plant or human sources (and includes livestock manure).
Hedgerows and trees
5.
(1)
A beneficiary must take all reasonable steps to maintain a green cover on, and must not cultivate, or apply fertilisers or pesticides to land—
(a)
within 2 metres of the centre of a hedgerow; F16...
F16(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(1A)
For the purposes of the application of sub-paragraph (1) to land on the side of a hedgerow that is facing away from a dwelling, where the hedgerow marks a boundary of the curtilage of a dwelling, regulation 3(3) of the Hedgerows Regulations 1997 (exclusion from the definition of hedgerow any hedgerow within the curtilage of, or marking the boundary of the curtilage, of a dwelling) does not apply.
(2)
Sub-paragraph (1) does not apply—
(a)
to land on either side of a hedgerow mentioned in sub-paragraph (1)(a) or (b) that is less than 5 years old;
(b)
in relation to the use of pesticides, if the only application of pesticides is the spot-application of herbicides to control the spread of any weeds;
(c)
to cultivation for the purposes of casting up a traditional hedgebank between and including 1st September and the last day of February;
(d)
to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features;
(e)
to the extent that 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 to do so.
(3)
For the purposes of paragraph F18(2)(c), a traditional hedgebank is an earth bank faced with turf or stone and topped with hedge plants.
(4)
A beneficiary may cultivate the land referred to in sub-paragraph (1) in order to establish a green cover if that land does not already have a green cover, and is—
(a)
part of a field that has been created by the merger of two or more fields;
(b)
land created by the division of a field; or
(c)
land previously excluded from the provisions of cross-compliance.
(5)
Cutting or trimming a hedgerow or tree is not permitted in the cutting ban period except in accordance with sub-paragraph (6), (7), (8) or (9).
(6)
Cutting or trimming a hedgerow or tree in the cutting ban period is permitted if—
(a)
the hedgerow or tree—
(i)
overhangs a highway, other way to which the public have access, easement or surfaced track so as to endanger or obstruct the passage of vehicles, pedestrians or horse-riders;
(ii)
obstructs or interferes with the view of drivers of vehicles or the light from a public lamp; or
(iii)
is dead, diseased, damaged or insecurely rooted, and because of its condition it poses a risk to human safety;
F19(b)
the tree—
(i)
is a fruit or nut tree in an orchard; or
(ii)
forms part of a wind break in or adjacent to a hop garden, hop yard, orchard or vineyard; or
(c)
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 to do so.
(7)
Cutting or trimming a hedgerow, or a tree growing in a hedgerow, in August is permitted if—
(a)
the hedgerow is in a field which in that month is—
(i)
sown with a crop of oil seed rape; or
(ii)
re-seeded with temporary grass; and
(b)
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 to do so.
(8)
Hedgerow-laying and hedgerow and tree coppicing are permitted from 1st March to 30th April (both those dates included).
(9)
Trimming a hedgerow by hand is permitted for six months after the hedgerow is laid.
(10)
In this paragraph—
“the cutting ban period” means 1st March to 31st August (both those dates included);
F20“tree” means a tree with a diameter exceeding 8 centimetres or, in the case of coppice or underwood, with a diameter exceeding 15 centimetres, where the diameter is measured over the bark at a point 1.3 metres above the ground level;
F21“wind break” means a row of trees maintained for the purpose of protecting a hop garden, hop yard, orchard or vineyard from the wind.
Stone walls, stone banks and earth banks
6.
(1)
The following is prohibited—
(a)
removing a stone wall or stone from a stone wall;
(b)
removing a stone bank or any earth or stone from a stone bank;
(c)
removing an earth bank or any earth from an earth bank.
(2)
Sub-paragraph (1) does not apply—
(a)
to widening an existing gateway in a wall to no more than 10 metres in order to provide access to the land for machinery or livestock, and in that case the ends of the wall created by the widening operation must be finished with a vertical face;
(b)
to removing a stone wall or stone from a stone wall to use it to repair another stone wall on the holding which is in better condition than the stone wall which is removed or from which the stone is removed;
(c)
to removing stone or earth from a stone bank or earth bank to use it to repair another stone bank or earth bank on the holding which is in better condition than the stone bank or earth bank which is removed or from which the stone or earth is removed; or
(d)
if 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 to do so.
(3)
In this paragraph—
“stone bank” means an earth bank faced with natural stone;
“stone wall” means a stone wall that is or was once used as a boundary which has—
(a)
a continuous length of at least 10 metres;
(b)
a continuous length of less than 10 metres which meets (whether by intersection or junction) another boundary at each end; or
(c)
a continuous length of less than 10 metres which forms an enclosure.
SCHEDULE 3Circumstances where a breach of Schedule 2 is not a non-compliance
1.
Any obligation, restriction or action carried out under—
(a)
a management agreement entered into under—
(i)
section 16 of the National Parks and Access to the Countryside Act 1949 M106;
(ii)
section 15 of the Countryside Act 1968 M107;
(iii)
section 39 of the Wildlife and Countryside Act 1981 M108; or
(iv)
section 7 of the Natural Environment and Rural Communities Act 2006 M109;
(b)
a measure—
(i)
listed in Article 36 of Regulation 1698/2005;
(ii)
under Articles 28 to 31, 33 or 34 of the Rural Development Regulation; or
(iii)
relating to the annual premia under points (a) and (b) of Article 21(1) of the Rural Development Regulation.
2.
Any action carried out on the land—
(a)
by virtue of, or in connection with, any power or authorisation by or under any enactment, provided that following completion of the action the agricultural land will be in good agricultural and environmental condition for the purposes of Article 94 of the Horizontal Regulation;
(b)
in the interests of human or animal health or safety;
(c)
either to enable a serious cause of harm to plant health or serious infestation of any pest or weed to be treated, or to permit measures to be taken to prevent the development of any such cause of harm or infestation.
SCHEDULE 4Appeal fee for sum in dispute
Sum in dispute | Fee |
|---|---|
Less than £2,000 | £100 |
£2,000 or more up to and including £10,000 | £250 |
More than £10,000 | £450 |
SCHEDULE 5Revocations
(1) | (2) |
|---|---|
Regulations revoked | References |
The Set-Aside Regulations 1988 | S.I. 1988/1352 |
The Set-Aside (Amendment) Regulations 1989 | S.I. 1989/1042 |
The Set-Aside (Amendment) Regulations 1990 | S.I. 1990/1716 |
The Set-Aside (Amendment) Regulations 1991 | S.I. 1991/1993 |
The Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992 | S.I. 1992/314 |
The Energy Crops Regulations 2000 | S.I. 2000/3042 |
The Rural Enterprise Regulations 2000 | S.I. 2000/3043 |
The England Rural Development Programme (Enforcement) Regulations 2000 | S.I. 2000/3044 |
The Vocational Training Grants (Agriculture and Forestry) Regulations 2000 | S.I. 2000/3045 |
The Agricultural Processing and Marketing Grants Regulations 2000 | S.I. 2000/3046 |
The England Rural Development Programme (Enforcement) (Amendment) Regulations 2001 | S.I. 2001/431 |
The Organic Farming (England Rural Development Programme) (Amendment) Regulations 2001 | S.I. 2001/3139 |
The Common Agricultural Policy (Protection of Community Arrangements) (Amendment) Regulations 2001 | S.I. 2001/3198 |
The England Rural Development Programme (Project Variations) Regulations 2001 | S.I. 2001/3900 |
The Common Agricultural Policy Support Schemes (Appeals) Regulations 2002 | S.I. 2002/646 |
The Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003 | S.I. 2003/838 |
The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (England) Regulations 2004 | S.I. 2004/590 |
The England Rural Development Programme (Closure of Project-Based Schemes) Regulations 2006 | S.I. 2006/2298 |
The Rural Development (Enforcement) (England) Regulations 2007 | S.I. 2007/75 |
The Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009 | S.I. 2009/3263 |
The Agriculture (Cross compliance) (No. 2) Regulations 2009 | S.I 2009/3365 |
The Common Agricultural Policy Single Payment and Support Schemes (Appeals) Regulations 2010 | S.I. 2010/39 |
The Rural Development (Enforcement) (England) (Amendment) Regulations 2010 | S.I. 2010/2078 |
The Agriculture (Cross compliance) (No. 2) Regulations 2009 (Amendment) Regulations 2010 | S.I. 2010/2941 |
The Rural Development Programme (Transfer and Appeals) (England) Regulations 2011 | S.I. 2011/1433 |
The Agriculture (Miscellaneous Amendments) Regulations 2012 | S.I. 2012/66 |
The Agriculture (Cross compliance) (No. 2) (Amendment) Regulations 2013 | S.I. 2013/3231 |