Acts
of Parliament
Agriculture
The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) (Amendment) Regulations 2008
Crown Copyright Acknowledged
STATUTORY
INSTRUMENTS
The
Common Agricultural Policy Single Payment and Support Schemes
(Cross-compliance) (England) (Amendment) Regulations 2008
Made
Laid before Parliament
Coming into force
15th January 2008
18th January 2008
8th February 2008
The Secretary of State is
designated for the purposes of section 2(2) of the European
Communities Act 1972(1) in relation to the common agricultural
policy of the European Community(2) and makes these Regulations
under the powers conferred by that section.
These Regulations may be cited
as the Common Agricultural Policy Single Payment and Support
Schemes (Cross-compliance) (England) (Amendment) Regulations
2008 and come into force on 8th February 2008.
Paragraph 7 of the Schedule
to the Common Agricultural Policy Single Payment and Support
Schemes (Cross-compliance) (England) Regulations 2005(3)
is amended as follows.
(2)
In sub-paragraph (1), for
“eligible hectare”, substitute “agricultural
land”.
(3)
For sub-paragraph (1)(b),
substitute—
“(b)
must—
(i)
establish a green cover through
seeding or natural regeneration as soon as practicable
on or after 1st March following the date the land ceased
to be in agricultural production, unless he can prove
that he intends to bring the land back into agricultural
production before the following 15th May; and
(ii)
maintain that green cover
until the land is brought back into agricultural production;.”
(4)
After sub-paragraph (2)(c),
insert—
“(cc)
Sub-paragraph (1)(b) does
not apply to any area of the land on which soil dredged
from a watercourse or field ditch on the land has been
spread unless that area is subject to the requirements
of paragraph 10(1);”.
(5)
For sub-paragraph (3), substitute—
“(3)
For the purposes of this regulation,
land ceases to be used for agricultural production from
the day after the day—
(a)
harvest on the land was completed;
(b)
the land otherwise ceased
to be used for agricultural production; or
(c)
the land ceased to be set
aside pursuant to Article 54 of the Council Regulation.”.
Jeff
Rooker
Department for Environment, Food and Rural Affairs
15th January 2008
These Regulations amend paragraph
7 of the Schedule to the Common Agricultural Policy Single
Payment and Support Schemes (Cross-compliance) (England)
Regulations 2005 (S.I. 2005/3459).
The following are the main
changes to paragraph 7, which sets out farmers’
obligations relating to the management of land not in
agricultural production:
(a)
an
extension of the obligations to cut down scrub and rank
vegetation and to establish and maintain green cover on
land out of production to land coming out of set aside
(amended sub-paragraphs 1(b) and (3));
(b)
clarification
that the obligation to establish green cover on land includes
maintaining that green cover but does not apply to areas
on which soil dredged from watercourses and field ditches
on that land has been spread (amended sub-paragraphs (1)(b)
and new sub-paragraph (2)(cc));
Guidance
to farmers on the management of land not in agricultural
production is available at www.rpa.gov.uk.
An
impact assessment has not been produced for these Regulations
because of the need to introduce them as quickly as possible
to regulate land coming out of the set aside scheme.
(1)
1972
c. 68. Back [1]
(2)
S.I.
1972/1811. Back [2]
(3)
S.I.
2005/3459, as amended by SIs. 2006/3254, 2007/2003 and
2007/2500. Back [3]
