The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016
| Jurisdiction | Scotland |
| Citation | SSI 2016/104 |
2016 No. 104
Agriculture
The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016
Made 15th February 2016
Laid before the Scottish Parliament 17th February 2016
Coming into force 24th March 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016 and come into force on 24th March 2016.
Amendment to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015
2. The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 20152are amended in accordance with regulations 3 to 5.
3. After regulation 15 (national reserve), insert—
“Obligations to comply with agricultural practices beneficial for the climate and the environment
15A.—(1) For the purposes of Article 43(3) of, and the sixth sub-paragraph (fertiliser regime) of point II(1) of Annex IX to, the Direct Payments Regulation, a farmer must comply with the applicable obligations3.
(2) In paragraph (1), “the applicable obligations” means—
(a)
(a) in relation to the cultivation of crops, the crop diversification obligation applicable under and in accordance with—
(i) Article 44 of the Direct Payments Regulation and Article 40 of the Direct Payments Delegated Regulation; and
(ii) regulation 16;
(b)
(b) in relation to areas of permanent grassland, the obligation—
(i) not to convert or plough areas of permanent grassland designated as environmentally sensitive for the purposes of the first sub-paragraph of Article 45(1) of the Direct Payments Regulation and regulation 17(1); and
(ii) to prepare a plan in respect of the application of inorganic nitrogen fertiliser and lime in accordance with regulation 17A; and
(c)
(c) in relation to arable land, the obligation to have ecological focus areas applicable under and in accordance with—
(i) Article 46 of the Direct Payments Regulation and Article 45 of the Direct Payments Delegated Regulation; and
(ii) regulation 18 and Schedule 2.”.
4. After regulation 17 (permanent grassland), insert—
“Permanent grassland: obligation to prepare a plan in respect of the application of inorganic nitrogen fertiliser and lime
17A.—(1) A farmer must, in accordance with paragraph (2), no later than the date specified in regulation 6(1) prepare a plan in respect of the application of inorganic nitrogen fertiliser and lime to a relevant parcel of permanent grassland.
(2) The plan under paragraph (1) must specify whether and to what extent it is anticipated that inorganic nitrogen fertiliser or lime is to be applied to a relevant parcel of permanent grassland.
(3) The farmer must provide a copy of the plan under paragraph (1) to the Scottish Ministers on request.
(4) In this regulation, “a relevant parcel of permanent grassland” means a parcel of land comprising areas of permanent grassland provided that the parcel does not also contain areas of either or both of—
(a)
(a) arable land; and
(b)
(b) rough grazing land.”.
5. In Schedule 2 (ecological focus areas: further criteria)—
(a) for Part 1 (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), substitute—
...
To continue reading
Request your trial