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Statutory Instrument 2005 No. 3459The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005(The document as of February, 2008) STATUTORY INSTRUMENTS2005 No. 3459AGRICULTURE, ENGLANDThe Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005
The Secretary of State, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the Common Agricultural Policy of the European Community, in exercise of the powers conferred upon her by that section makes the following Regulations: Title, commencement and application 1.—(1) These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005 and come into force on 12th January 2006. (2) These Regulations apply in relation to England only. Interpretation 2.—(1) In these Regulations—
(b) a scheme established under Article 14, 22 to 24 or 31 of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)[5], as last amended by Council Regulation (EC) No 583/2004[6]; (c) the Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003[7]; (d) a management agreement entered into with English Nature, pursuant to section 15 of the Countryside Act 1968[8]; (e) a management agreement entered into with English Nature, pursuant to section 16 of the National Parks and Access to the Countryside Act 1949[9]; or (f) an approved project in respect of which financial assistance is paid under the Energy Crops Regulations 2000[10];
(2) Other expressions used in these Regulations, which are also used in either the Council Regulation or the Commission Regulation, shall be construed in accordance with the Council Regulation or the Commission Regulation.
(b) because, as a result of maintenance of a pipeline, cable or pylon being carried out or to be carried out under statutory authority on the land, he is unable to ensure that the standard is met; (c) in the interests of human or animal health or safety; or (d) because such an exemption is necessary, either to enable a serious cause of harm to plant health or serious infestation of any pest or specified weed to be treated, or to permit measures to be taken to prevent the development of any such cause of harm or infestation. (4) In relation to land set aside pursuant to Article 54 or 55(b) of the Council Regulation, a farmer shall be exempt from a standard in the Schedule if he satisfies the Secretary of State that he should be exempt from it on any of the grounds specified in sub-paragraphs (a) to (g) of regulation 4(5) of the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004[15].
(b) require a farmer to reconvert land where the farmer turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of the Commission Regulation and later converted it out of permanent pasture. Competent Control Authorities
(b) where, in the course of its other activities, it considers that there has been a non-compliance, notify the person or body responsible under paragraph (1) or (2) of this regulation for carrying out controls in relation to that non-compliance. (5) A function conferred on English Nature under paragraph (3) or (4) shall be treated for the purposes of section 132(2) and 133 of, and paragraphs 19 and 20 of Schedule 6 to, the Environmental Protection Act 1990[17] as though it were conferred on English Nature under section 132 of that Act.
(b) the Environment Agency as defined in section 1 of the Environment Act 1995[19]. Powers of authorised persons
(b) establishing whether there has been a non compliance; or (c) ascertaining whether an offence under these Regulations has been or is being committed. (2) An authorised person—
(b) may only do so if the land is a holding occupied by, or in the possession of, a farmer or employee, agent, contractor or tenant of a farmer, or if he has reasonable cause to believe that is so. (3) An authorised person may—
(b) take samples; (c) inspect all or any part of the land, whether it is farmed or is withdrawn from agricultural production, including land set aside pursuant to Article 54 or 55(b) of the Council Regulation; (d) inspect any crops growing on that land or kept on it; (e) mark any animal or other thing for identification purposes; (f) have access to, inspect and copy any records (in whatever form they are held) kept in relation to activities covered by these Regulations or remove such records to enable them to be copied; and (g) have access to, inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and for this purpose require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require and, where a record is kept by means of a computer, require the record to be produced in a form in which it can be taken away. (4) An authorised person entering any premises by virtue of this regulation may take with him—
(b) any representative of the European Commission acting for the purposes of the Council Regulation or the Commission Regulation. (5) If an authorised person enters any unoccupied premises he shall leave them as effectively secured against unauthorised entry as he found them.
(b) without reasonable cause, he fails to comply with a request made under regulation 8. (2) Nothing in paragraph (1)(b) is to be construed as requiring any person to answer any question if to do so might incriminate him.
(b) any person purporting to act in such capacity; he, as well as the body corporate, shall be guilty of an offence. Soil Protection Review 1.—(1) Subject to sub-paragraph (6), a farmer must—
(b) update the soil protection review at least once in 2007 and at least once in each subsequent year; and (c) from 1st January 2007, take all steps reasonably practicable to implement the measures identified in the soil protection review. (2) The Secretary of State must publish—
(b) revised guidance or supplementary guidance whenever she considers that it is expedient in the interests of good agricultural and environmental condition to do so; in such a way as she considers appropriate to bring it to the notice of those likely to be affected by it.
(b) prepare a soil protection review where his holding, excluding that part of his holding which is common land or in relation to which he has rights in common, is 0.3 hectares or less. (7) In this paragraph—
(ii) is land within one of the areas referred to in section 11(1) of that Act; where the rights are exercised by someone other than the farmer who owns or occupies the land;
(ii) is prepared and updated in accordance with the guidance published by the Secretary of State under sub-paragraph (2); and (iii) is set out in the same format as the template included in that guidance. Post-harvest management of land after combinable crops
(b) the land is left with a rough surface following ploughing, discing, tine cultivation or any other suitable agricultural method; (c) the land is prepared as a seedbed for a crop and the crop is sown within a period of 10 days beginning with the day after final seedbed preparation; (d) the land is under cultivation sequences used for the purpose of creating a stale seedbed; or (e) the land is sown with a temporary cover crop, so long as, if the cover crop becomes grazed out or cultivated out, the condition in paragraph (b) is then met as soon as is practicable without breaching the requirements in paragraph 3, and for the remainder of the period. (2) The period begins with the first day after harvest and ends with the last day of February in the following year.
(b) the soil forms part of a track to an area of soil which is not waterlogged; or (c) the mechanical field operation or the use of a motorised vehicle is necessary—
(ii) to incorporate gypsum into the soil following an intrusion of saltwater; (iii) for reasons of animal welfare or human safety; or (iv) in order to harvest a crop of fruit or vegetables (excluding all varieties of potato, sugar beet, mangel, swede, turnip and fodder beet) —
(bb) where the quality of the crop would deteriorate if it were not harvested. (2) The Secretary of State shall vary or suspend any of the requirements in sub-paragraph (1) in relation to an area and for a period of no more than two months, where, in her opinion—
(b) those weather conditions justify the variation or suspension of the requirement in this paragraph, taking into consideration the economic impact of the weather conditions and the environmental effects of any variation or suspension of the requirements. (3) Where the Secretary of State has varied or suspended the requirements she shall publish directions to the farmers in the area concerned stating, with reasons, the details and duration of the variation or suspension, and the farmers must comply with the requirement as varied in the directions, or in the case of a suspension of the requirement, need not comply with the requirement.
(b) disease control or the elimination of plant pests where a notice has been served under article 32 of the Plant Health (England) Order 2005[24]; or (c) the disposal of straw stack remains or broken bales. 5.A farmer must not, on agricultural land, burn—
(b) any linseed residues; otherwise than in accordance with the restrictions and requirements set out in Schedule 2 to those Regulations.
(b) use unsuitable supplementary feeding methods. (3) The Secretary of State may notify a farmer of measures she considers to be appropriate to prevent overgrazing and unsuitable supplementary feeding.
Management of land which is not in agricultural production
(ii) he must not cut down any vegetation in the period within any year beginning on 1st March and ending on 31st July, unless cutting down is necessary in order for the farmer to comply with paragraph 8; (b) must, on any land where crops have been harvested, establish a green cover (either through seeding or natural regeneration) as soon as is practicable on or after 1st March in the first year after the land has ceased to be used for agricultural production, unless he can prove that he intends to bring the land back into agricultural production before 15th May in that year;
(ii) it is to be used on an adjacent field where storage on that adjacent field carries a substantial risk of pollution of watercourses as a result of such storage; and the risk of pollution of watercourses through storage on the field on which the manure is stored is low. (2) However—
(b) the requirements in sub-paragraph (1)(a)(ii) and (1)(b) do not apply to land out of production for the first fifteen months from the date of harvest, where—
(ii) the farmer records this land as not being in agricultural production in the soil protection review referred to in paragraph 1 of this Schedule and takes soil protection measures which are appropriate considering the soil management guidance published under paragraph 1(2) of this Schedule; and (iii) the farmer establishes a green cover (either through seeding or natural regeneration) on that land within fifteen months of the date of harvest; (c) no requirement in sub-paragraph (1)(a) or (b) applies where it would conflict with the farmer's obligations under paragraph 25; (3) For the purposes of sub-paragraph (1)(a), the first year that land is not in agricultural production begins on the first day after the harvest or in the event that crops are not harvested on that land, the day after the land ceases to be in agricultural production.
(b) land which is within 1 metre of the top of the bank of a watercourse or field ditch. (2) The requirement in sub-paragraph (1) does not apply—
(b) to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features; (c) 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 of the weeds mentioned in paragraph 8 or 9; (d) to the extent that the Secretary of State has, for reasons relating to livestock production, crop production or the enhancement of the environment, given the farmer written permission to do otherwise; (e) to land referred to in sub-paragraph (1) which is set aside pursuant to Article 54 of the Council Regulation, in the calendar year that it is set aside [27]; and (f) to land referred to in sub-paragraph (1) which is set aside pursuant to Article 55(b) of the Council Regulation, in the calendar year that it is set aside[28]. (3) A farmer may cultivate the land referred to in sub-paragraph (1)—
(ii) was previously outside the scope of cross-compliance; or (iii) is no longer subject to the standards of good agricultural and environmental condition under regulation 4 of the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 as a result of the set-aside period coming to an end; and (b) where land is to be set aside from production pursuant to Article 54 of the Council Regulation, in so far as cultivation is necessary to establish a green cover as is required by the standards of good agricultural and environmental condition under regulation 4 of the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 (4) In this paragraph—
(b) "pest" means any organism harmful to plants or to wood or other plant products, any undesired plant and any harmful creature. Hedgerows
(b) it obstructs or interferes with the view of drivers of vehicles or the light from a public lamp; (c) it overhangs a highway so as to endanger or obstruct the passage of horse-riders; or (d) it is dead, diseased, damaged or insecurely rooted, and because of its condition it, or part of it, is likely to cause danger by falling on a highway, road or footpath. (3) A farmer may carry out hedge-laying and coppicing during the period beginning with 1st March and ending with 30th April.
(b) it has a continuous length of less than 20 metres and, at each end, meets (whether by intersection or junction) another hedgerow. (2) Subject to sub-paragraph (3), a hedgerow is also one to which these Regulations apply if it is a stretch of hedgerow forming part of a hedgerow such as is described in sub-paragraph (1).
(b) any gap not exceeding 20 metres, shall be treated as part of the hedgerow.
(b) if he uses the stone to repair another stone wall on his land which is in better condition than the stone wall which is removed or from which the stone is removed; (c) if he uses the stone to make minor repairs to a footpath on his land; 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 farmer written permission to do so. (3) In this paragraph—
(ii) a continuous length of less than 10 metres which meets (whether by intersection or junction) another field boundary at each end; or (iii) a continuous length of less than 10 metres which forms an enclosure; (b) "footpath" has the meaning given to it in section 329(1) of the Highways Act 1980[30]. Environmental impact assessment
(b) the project is carried out in accordance with the consent (including any conditions to which the consent is subject). (2) A farmer must not carry out work in relation to a relevant project in contravention of a requirement to discontinue that work in an enforcement notice served in accordance with regulation 20 of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999[32].
(b) he takes, before commencing burning and during the entire period of the operation, all reasonable precautions to prevent injury or damage to any adjacent land, or to any person or thing whatsoever on that land; and (c) he has, not less than 24 hours and not more than 7 days before commencing burning, given notice in writing of the date or dates, time and place at which, and the extent of the area on which, it is his intention to burn—
(ii) to any person whom he knows, or could with reasonable diligence have discovered, to be in charge of any land adjacent to that on which the burning is to take place. (3) A farmer must not burn heather, rough grass, bracken, gorse or vaccinium—
(b) on all other land, during the period within any year beginning with 1st April and ending with 31st October, except under, and in accordance with any conditions specified in, a licence issued by the Secretary of State[33] under regulation 7 of the Heather and Grass etc (Burning) Regulations 1986[34].
Tree preservation orders
(b) any works for the purpose of removing or repairing a scheduled monument or any part of it; (c) any works for the purpose of making any alteration or addition to a scheduled monument or any part of it; and (d) any flooding or tipping operation on land in, on or under which there is a scheduled monument. (2) Subject to sub-paragraph (3), if a farmer executes any works to which a scheduled monument consent relates, he must comply with all conditions attached to that consent.
(b) in relation to works prohibited by sub-paragraph (1)(a) or (c), he did not know and had no reason to believe that the monument was within the area affected by the works or, as the case may be, that it was a scheduled monument; and (c) in relation to works prohibited by sub-paragraph (1) or (2), the works were urgently necessary in the interests of safety or health and that notice in writing of the need for the works was given to the Secretary of State for Culture, Media and Sport as soon as reasonably practicable, the execution of the works in question shall not be treated as a failure to comply with this paragraph.
(b) without lawful authority or excuse, in any way wilfully obstruct the free passage along a visible highway. 28.A farmer must maintain any stile, gate or similar structure, other than a structure to which section 146(5) of the Highways Act 1980[44] applies, across a visible footpath or bridleway in a safe condition, and to the standard of repair required to prevent unreasonable interference with the rights of persons using the footpath or bridleway.
(b) so indicate the line of the path or bridleway on the ground to not less than its minimum width that it is apparent to members of the public wishing to use it. (2) In this paragraph, "minimum width", in relation to a highway, has the same meaning as in Schedule 12A to the Highways Act 1980.
(This note is not part of the Regulations) These Regulations replace and revoke the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 (S.I. 2004/3196) as amended by S.I. 2005/918. They consolidate those Regulations and also make changes to the provisions relating to the administration and enforcement of cross-compliance (regulation 6) and to the provisions providing for exemptions (regulation 4). They also update and make changes to the standards of good agricultural and environmental condition set out in the Schedule. These Regulations make provision in England for the administration and enforcement of cross-compliance under Regulation (EC) No 1782/2003 (OJ No L 270, 21.10.2003, p.1) ("the Council Regulation") and Commission Regulation (EC) No 796/2004 (OJ No L 141, 30.4.2004, p.18) ("the Commission Regulation") in relation to the system of income support schemes (including the Single Payment Scheme), which came into force on 1 January 2005, under the reformed Common Agricultural Policy. "Cross-compliance" links the payment of direct payments to farmers under the Common Agricultural Policy with compliance with a range of laws and standards (see Article 6 of the Council Regulation). Annex III to the Council Regulation contains a list of applicable "statutory management requirements" in areas of Community law on the environment, public and animal health and animal welfare. Under Article 5(1) of the Council Regulation, Member States must lay down standards of "good agricultural and environmental condition" which will apply to all farmers, within the framework in Annex IV to that Regulation. Under the Council and Commission Regulations, Member States must also take steps to prevent permanent pasture falling below certain levels. These Regulations provide as follows: Regulation 3 designates the Secretary of State as the competent national authority responsible for providing farmers with a list of the statutory management requirements and standards of good agricultural and environmental condition on their land. Regulation 4 and the Schedule set out the standards of good agricultural and environmental condition which will apply in England, as required by Article 5(1) of the Council Regulation. It also provides that farmers with agri-environment commitments, a term which has been broadened in scope through these Regulations, which directly and necessarily conflict with the standards will not be penalised for breaching the standards. Regulation 4 now also provides for farmers to seek an exemption from a standard in particular circumstances. The standards in the Schedule cover the areas listed below and alongside each of these areas is listed the key differences from the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004, as amended by S.I. 2005/918.
(b) Post-harvest management of land after combinable crops (paragraph 2). (c) Waterlogged soil (paragraph 3). (d) Burning of crop residues (paragraphs 4 and 5). (e) Overgrazing and unsuitable supplementary feeding (paragraph 6). This now includes a provision allowing the Secretary of State to notify individual farmers of measures which can be taken to prevent overgrazing and unsuitable supplementary feeding. (f) Management of land which is not in agricultural production (paragraph 7). This now includes a provision prohibiting the storage of manure and slurry on these fields, except in particular cases. It also makes an exception to the rules as to establishing a green cover and not cutting down vegetation to provide for a 15 month bare fallow period where this is required to control weed infestations and where appropriate soil protection measures are taken. (g) Control of weeds (paragraphs 8 and 9). (h) Protection of hedgerows and watercourses (paragraph 10). This now requires reasonable steps to be taken to maintain a green cover. It also deals with the position where this land is set aside from production under the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004. (i) Hedgerows (paragraphs 11 and 12). Paragraph 12 now allows farmers to seek permission to trim hedges in the prohibited period and clarifies the position as to when hedges can be cut without such permission. (j) Stone walls (paragraph 14). The provisions as to the widening of stone walls and the use of stone from these walls have been amended. (k) Environmental impact assessment (paragraphs 15 and 16). (l) Heather and grass burning (paragraph 17). (m) Sites of special scientific interest (paragraphs 18 to 23). The requirement that statutory bodies under section 28G of the Wildlife and Countryside Act 1981 comply with section 28H of that Act has been added to the Schedule (paragraph 22). (n) Tree preservation orders (paragraph 24). A reference to trees in conservation areas, protected by section 211 of the Town and Country Planning Act 1990, has been added. (o) Scheduled monuments (paragraph 25). (p) Felling of trees (paragraph 26). (q) Public rights of way (paragraphs 27 to 30). Regulation 5 requires the Secretary of State to prohibit farmers from converting land under permanent pasture, and to oblige farmers to reconvert land to permanent pasture, where the exercise of these powers is necessary in order for the United Kingdom to meet the requirements of Articles 3 and 4 of the Commission Regulation. Notes: [1]S.I. 1972/1811.back [2]1972 c. 68.back [3]O.J. L 215, 30.07.1992, p. 85. This Council Regulation has been repealed, but agri-environment commitments entered into under it remain extant.back [4]O.J. L 288, 01.12.1995, p. 35.back [5]O.J. L 160, 26.06.1999, p. 80. This Council Regulation has been repealed, with effect from 1st January 2007, by Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (O.J. No. L 277, 21.10.2005, p.1), except for certain provisions which continue in force beyond that date.back [6]O.J. L 91, 30.03.2004, p. 1.back [7]S.I. 2003/838.back [8]1968 c.41. Under this Act, the Natural Environment Research Council was given the powers, for conservation purposes, to enter into an agreement, with owners, lessees or occupiers of land within areas of special scientific interest, which imposes restrictions on the exercise of rights over that land by persons who can be bound by such an agreement. These powers were transferred to the Nature Conservancy Council under the Nature Conservancy Council Act 1973 (c.54). The Environmental Protection Act 1990 (c.43) provided for the winding up of that body and set up the Nature Conservancy Council for England to which the Nature Conservancy Council's functions were transferred. That body was renamed English Nature by section 73 of the Countryside and Rights of Way Act 2000 (c.37) ("the 2000 Act").back [9]1949 c.97. Under this Act, the Natural Environment Research Council was given the power to enter into an agreement with owners, lessees and occupiers of land, where their land appeared to it to be land which it was in the national interest to manage as a nature reserve, in order to ensure that land is managed as such. These powers were also transferred to the Nature Conservancy Council, and then to the National Conservancy Council for England, which was renamed English Nature, by virtue of the provisions specified in the previous footnote.back [10]S.I. 2000/3042, amended by S.I. 2001/3900.back [11]O.J. No. L 141, 30.04.2004, p.18.back [12]O.J. No. L 314, 29.11.2005, p.10.back [13]O.J. No. L 270, 21.10.2003, p.1, as corrected by corrigenda at O.J. No. L 94, 31.03.2004, p.70 and at O.J. No. L 206, 9.6.2004, p. 20.back [14]O.J. No. L 024, 27.01.2005, p.15.back [15]S.I. 2004/3385.back [16]The Rural Payments Agency is an Executive Agency of the Department for Environment, Food and Rural Affairs, for the time being accredited as the Paying Agency.back [17]1990 c 43.back [18]2000 c.37.back [19]1995 c.25.back [20]S.I. 2004/3196 as amended by S.I. 2005/918.back [21]S.I. 2005/918.back [22]1965 c.64.back [23]S.I. 1993/1366.back [24]S.I. 2005/2530.back [25]This term has the meaning given to it in Article 44(2) of the Council Regulation.back [26]1959 c. 54, as amended by the Ragwort Control Act 2003 (2003 c. 40). There are other amending instruments but none is relevant.back [27]In that case the farmer must comply with the provisions as to land set aside from production in regulation 4(1), (3) to (6) of, and Schedule 1 to, the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004 (S.I. 2004/3385).back [28]In that case the farmer must comply with the provisions as to land set aside from production, in regulation 4(2) to (6) of, and Schedule 2 to, the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004.back [29]S.I. 1997/1160, amended by S.I. 2003/2155.back [30]1980 c.66.back [31]S.I. 2001/3966, amended by S.I. 2005/1430.back [32]S.I. 1999/2228.back [33]See the definition of Minister in section 2(1) of the Heather and Grass etc (Burning) Regulations 1986 (S.I. 1987/1208). By virtue of regulation 2, the functions of the Minister were transferred to the Secretary of State for Environment, Food and Rural Affairs.back [34]S.I. 1986/428, amended by S.I. 1987/1208 and S.I. 2003/1615.back [35]1981 c. 69. Section 28(1)(b) was substituted by the 2000 Act, section 75(1) and Schedule 9, paragraph 1.back [36]Section 28E(1)(a) and (b) were inserted by the 2000 Act, section 75(1) and Schedule 9, paragraph 1.back [37]Section 28P(4) was inserted by the 2000 Act, section 75(1) and Schedule 9, paragraph 1.back [38]Section 28P(7) was inserted by the 2000 Act, section 75(1) and Schedule 9, paragraph 1.back [39]Section 28K(1) was inserted by the 2000 Act, section 75(1) and Schedule 9, paragraph 1.back [40]S.I. 1994/2716, amended by the Environment Act 1995 (1995 c.37) and S.I. 2000/192; there are other amending instruments but none are relevant.back [41]1990 c. 8. Section 211 was amended by the Planning and Compulsory Purchase Act 2004 (c. 5) section 86.back [42]1979 c. 46.back [43]1967 c. 10.back [44]1980 c. 66, as amended by the 2000 Act.back ISBN0 11 073824 1 -- Back --
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