1 Title, commencement and application

These Regulations may be cited as the Common Agricultural Policy Single Payment Scheme (Set-aside) (England) Regulations 2004, shall come into force on 15th January 2005 and shall apply in relation to England only.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2005: see above.

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2 Interpretation

2Interpretation

(1)    In these Regulations—

“collector” has the meaning given by Article 144(b) of Commission Regulation 1973/2004;

“Commission Regulation 795/2004” means Commission Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers;

“Commission Regulation 1973/2004” means Commission Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials;

“the Council Regulation” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001;

“Council Regulation 1251/1999” means Council Regulation (EC) No 1251/1999 establishing a support system for producers of certain arable crops;

“the Cross Compliance Regulations 2004” mean the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004;

“farmer” has the meaning given by Article 2(a) of the Council Regulation;

“green cover” means a green cover established or, as the case may be, falling to be established in accordance with Schedule 1;

“green cover season” means the period from 15th January to 14th July (inclusive) in any given year;

“holding” has the meaning given by Article 2(b) of the Council Regulation;

“land set aside for non-food purposes” means land set aside pursuant to Article 55(b) of the Council Regulation under the conditions laid down in Chapter 16 of Commission Regulation 1973/2004 for the provision of materials for the manufacture within the European Community of products not primarily intended for human or animal consumption, and any reference to a farmer setting aside land for that purpose shall be construed accordingly;

“land set aside from production” means land set aside pursuant to Article 54(3) of the Council Regulation (other than land set aside for non-food purposes), and any reference to a farmer setting aside land from production shall be construed accordingly;

“organic waste” means waste material produced by or from animals or plants as a by-product of agricultural production, including animal bedding;

“processor” has the same meaning as in Commission Regulation 1973/2004;

“set-aside period” means the period from 15th January to 31st August (inclusive) in any given year; and

“watercourse” includes a canal and field ditch.

(2)    Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

(3)    Other expressions used in these Regulations and in the Council Regulation, Commission Regulation 795/2004 or Commission Regulation 1973/2004 have the same meanings in these Regulations as in the Council Regulation, Commission Regulation 795/2004 or Commission Regulation 1973/2004 as the case may be.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2005: see reg 1.

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3 Minimum area and dimensions of set aside parcels

3Minimum area and dimensions of set aside parcels

For the purposes of the second sentence of Article 54(4) of the Council Regulation, land may be set aside from production if—

(a)    it is eligible for set-aside entitlement pursuant to Article 54(2) of the Council Regulation or counted as eligible for set-aside entitlement as a result of an application granted under regulation 5;

(b)    it is at least 6 metres (but less than 10 metres) wide;

(c)    it is at least 0.05 hectares in size; and

(d)    it borders—

(i)    a hedgerow;

(ii)    woodland;

(iii)    watercourse; or

(iv)    an area of land that has been notified under section 28(1)(b) of the Wildlife and Countryside Act 1981 as a site of special scientific interest.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2005: see reg 1.

4 Additional standards of good agricultural and environmental condition in relation to set-aside land

4Additional standards of good agricultural and environmental condition in relation to set-aside land

(1)    Subject to paragraphs (3) to (6), the standards of good agricultural and environmental condition referred to in Article 32(2) of Commission Regulation 795/2004 that apply in relation to land set aside from production are set out in Schedule 1.

(2)    Subject to paragraphs (3) to (6), the standards of good agricultural and environmental condition referred to in Article 32(2) of Commission Regulation 795/2004 that apply in relation to land set aside for non-food purposes are set out in Schedule 2.

(3)    The standards of good agricultural and environmental condition referred to in paragraphs (1) and (2) shall apply to land set aside from production and land set aside for non-food purposes respectively in addition to the standards of good agricultural and environmental condition that apply to the land by virtue of regulation 4 of the Cross Compliance Regulations 2004.

(4)    The provisions of paragraphs (1) and (2) shall not apply to land—

(a)    set aside or afforested pursuant to Articles 22 to 24 or Article 31 of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations, and

(b)    counting as set-aside for the purposes of Article 54 of the Council Regulation,

to the extent that the requirements of Schedule 1 or 2 are incompatible with the environmental or afforestation requirements laid down pursuant to those Articles.

(5)    A farmer shall be exempt from any given requirement of Schedule 1 or 2 in relation to particular set-aside land if, on an application being made to the Secretary of State regarding that requirement, he satisfies the Secretary of State that he should be exempted from it—

(a)    to facilitate research into the effect of employing particular methods of managing set-aside land;

(b)    in the interests of environmental protection;

(c)    where the farmer is an educational establishment, to facilitate the fulfilment of its educational purpose;

(d)    because during the set-aside period—

(i)    by virtue of any power or authorisation conferred by or under any enactment, a pipeline, cable or pylon is being or will be laid through, or constructed on or across, the land, the laying or construction of which was not a proposal of which the farmer had been notified more than 5 months before the date on which the land was set aside;

(ii)    maintenance of a pipeline, cable or pylon is being or will be carried out under statutory authority on the particular set-aside land; or

(iii)    an archaeological excavation is being or will be carried out on the land;

(e)    in the interests of human or animal health or safety;

(f)    because such 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; or

(g)    in order to benefit a charity (as defined in section 96(1) of the Charities Act 1993).

(6)    The Secretary of State may specify that any exemption granted pursuant to paragraph (5) shall be effective only until a date, or the occurrence of a particular event, specified in the exemption.

(7)    For the purposes of this regulation, a “specified weed” means any of the injurious weeds listed in section 1(2) of the Weeds Act 1959, Rhododendron ponticum, Japanese knotweed (Reynoutria japonica), giant hogweed (Heracleum mantegazzianum) or Himalayan balsam (Impatiens glandulifera).

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2005: see reg 1.

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5 Exchange of eligible and ineligible land

5Exchange of eligible and ineligible land

(1)    In a situation specified in sub-paragraph (a), (b) or (c) of the first paragraph of Article 33 of Commission Regulation 795/2004, a farmer may apply to the Secretary of State for land not otherwise eligible for set-aside entitlement to be counted as eligible for set-aside entitlement.

(2)    Subject to paragraph (3), the application shall be in such form as the Secretary of State may reasonably require, and, where the farmer intends to exchange the land in respect of which the application is made for other land which is eligible for set-aside entitlement (including land counted as eligible for set-aside entitlement as a result of an application granted under this regulation), he shall give particulars of that land, as well as the land in respect of which the application is made, in his application.

(3)    Where a farmer holds any of the land in respect of which his application is made, or any land that he intends to exchange for that land, as a tenant, he shall obtain the written consent of his landlord to the exchange, and the application shall include a declaration by the applicant that such consent has been obtained.

(4)    The Secretary of State may approve the application made under paragraph (1) if she is satisfied—

(a)    that the relevant sub-paragraph of the first paragraph of Article 33 of Commission Regulation 795/2004 specified in the farmer's application applies in relation to the land in respect of which the application has been made;

(b)    where the application has been made on the basis of sub-paragraph (c) of the first paragraph of Article 33 of Commission Regulation, with the reasons given by the farmer for wanting to exchange ineligible land for eligible land on his holding; and

(c)    that—

(i)    where the land in respect of which the application is made is to be exchanged for other eligible land, the area of land in respect of which the application is made does not exceed the area of the land which is to be exchanged by more than 5%; or

(ii)    where there is to be no exchange of land, the approval of the application will not result in a significant increase in the total area of land eligible for set-aside entitlements.

(5)    Where approval is given under paragraph (4) but any declaration included in, or information given by the farmer in connection with the application was false in any material particular, the Secretary of State may revoke such approval.

(6)    In this regulation “eligible for set-aside entitlement”, in relation to land, has the meaning given by the first paragraph of Article 54(2) of the Council Regulation.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2005: see reg 1.

6 Provisions relating to raw materials produced for non-food purposes

6Provisions relating to raw materials produced for non-food purposes

(1)    The Secretary of State is designated as the competent authority for the purposes of Chapter 16 of Commission Regulation 1973/2004 (use of land set aside for the production of raw materials for non-food purposes).

(2)    Raw materials to which Article 146(2)(b) of Commission Regulation 1973/2004 applies shall be weighed by an operator of public weighing equipment holding a certificate issued under section 18 of the Weights and Measures Act 1985.

(3)    For the purposes of Article 146(4) of Commission Regulation 1973/2004, cereals and oilseeds to which that paragraph applies shall be denatured by dyeing them with a brightly coloured dye.

(4)    For the purposes of Article 157(1) of Commission Regulation 1973/2004, the last day on which a contract to which that paragraph applies may be deposited with the Secretary of State shall be 15th May of the year in which the relevant claim for the associated set-aside entitlement is made.

(5)    For the purposes of Article 157(3) of Commission Regulation 1973/2004, the last day on which a collector or first processor to whom that paragraph applies may provide the Secretary of State with the information specified in that paragraph shall be 31st January of the year following the year in which the relevant claim for the associated set-aside entitlement is made.

(6)    In this regulation—

“the associated set-aside entitlement” means the set-aside entitlement which is being claimed on the land which has been set aside to produce the raw materials to which the contract referred to in paragraph (4), and the information referred to in paragraph (5), relates; and

“first processor” has the meaning given by Article 144(c) of Commission Regulation 1973/2004.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2005: see reg 1.

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7 Keeping and retention of records by a collector and by a processor

7Keeping and retention of records by a collector and by a processor

(1)    This regulation applies where a farmer sets aside land for non-food purposes, and in paragraphs (2) to (5) references to “raw materials” are to raw materials produced on that land.

(2)    During any month when a collector purchases or sells any raw materials, he shall make a record of the quantity of all raw materials which he has purchased or sold during that month, and the names and addresses of the subsequent buyers or processors to whom he has sold those raw materials.

(3)    A collector shall retain the records referred to in paragraph (2) until the earlier of—

(a)    the end of the third calendar year following the calendar year in which he delivers to a processor the raw materials to which those records relate; or

(b)    the seventh anniversary of the date of their creation.

(4)    On any day during which a processor purchases, processes, destroys, sells or otherwise disposes of any raw materials, or sells or otherwise disposes of any products obtained from the processing of such raw materials, he shall make a record showing—

(a)    the quantities of the different raw materials purchased by him for processing;

(b)    the quantity of the raw materials processed by him together with the quantity and type of end products, co-products and by-products obtained from the processing;

(c)    the wastage of the raw materials during the processing;

(d)    the quantity of the raw materials destroyed, if any, together with the reason for such destruction;

(e)    the quantity and type of products sold or otherwise disposed of by him and the price obtained; and

(f)    the names and addresses of any subsequent buyers or processors to whom he sells such raw materials or products of processing.

(5)    A processor shall retain the records referred to in paragraph (4) for two years from—

(a)    where the records relate to the purchasing, processing, wastage, destruction, sale or other disposal of the raw materials, the date on which he purchases, processes, wastes, destroys, sells or otherwise disposes of the raw materials, as the case may be; and

(b)    where the records relate to the sale or other disposal of products obtained from the processing of such raw materials, the date on which such products were sold or otherwise disposed of, as the case may be.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2005: see reg 1.

Signature

Whitty

Parliamentary Under Secretary of State,

Department for Environment, Food and Rural Affairs

20th December 2004

SCHEDULE 2 Additional Standards of Good Agricultural and Environmental Condition that Apply in Relation to Land Set Aside for the Provision of Non-Food Crops

SCHEDULE 2Additional Standards of Good Agricultural and Environmental Condition that Apply in Relation to Land Set Aside for the Provision of Non-Food Crops Regulation 4(2) and (4)

Application of fertilisers and waste to land set aside for the provision of non-food crops

A farmer may only apply fertiliser or waste to land set aside for the provision of non-food crops so far as—

(a)    it is necessary to do so in order to ensure the proper growth of the crops;

(b)    the manner of application is consistent with the Code of Good Agricultural Practice for the Protection of Water approved by the Water (Prevention of Pollution) (Code of Practice) Order 1998; and

(c)    the application would not be inconsistent with the provisions of paragraph 10 of Schedule 1 to the Cross Compliance Regulations 2004.

NOTES
Initial Commencement
Specified date

Specified date: 15 January 2005: see reg 1.

EXPLANATORY NOTE

EXPLANATORY NOTE (This Note is not part of the Regulations)

These Regulations come into force on 15th January 2005. They make provision in England for the administration of Council Regulation (EC) No 1782/2003 (OJ No L 270, 21.10.2003, p 1) (“the Council Regulation”), Commission Regulation (EC) No 795/2004 (OJ No L 141, 30.4.2004, p 1) and Commission Regulation (EC) No 1973/2004 (OJ No L 345, 20.11.2004, p 1) (“Commission Regulation 1973/2004”) in relation to the obligation to set aside land under the new Single Payment Scheme for farmers (“the Scheme”). The Scheme itself comes into force on 1st January 2005.

Regulation 3 lays down the minimum size and width of land that may be set aside in specific situations as permitted by Article 54(4) of the Council Regulation. In doing so, it derogates from the provision of Article 54(4) that otherwise lays down the minimum size and width of an land that may be set aside.

Regulation 4, as read with Schedules 1 and 2, lays down the good agricultural and environmental conditions that apply to land set aside under the Scheme. These apply in addition to the good agricultural and environmental conditions that apply by virtue of the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (England) Regulations 2004 (SI 2004/3196).

Regulation 5 allows farmers to apply for land that cannot be set aside under the Scheme to be counted as land that may be set aside under the Scheme. Article 33 of Commission Regulation 795/2004 lays down the cases in which this may be permitted. In some cases, this may involve an exchange of land.

Regulation 6 lays down provisions relating to raw materials grown on land which is set aside for the provision of materials for the manufacture within the European Community of products not primarily intended for human or animal consumption (“raw materials produced for non-food purposes”) as follows—

(a)    it designates the Secretary of State as the competent authority for the purposes of Chapter 16 of Commission Regulation 1973/2004 (use of land set aside for the production of raw materials for non-food purposes) (paragraph (1));

(b)    it lays down provisions relating to the weighing of certain raw materials produced for non-food purposes where they are to be used for any of the purposes specified in Article 146(1) of Commission Regulation 1973/2004 (paragraph (2));

(c)    it lays down the method of denaturing to be applied to cereals and oilseeds where they are to be used for any of the purposes specified in Article 146(1)(a) of Commission Regulation 1973/2004 (paragraph (3)); and

(d)    it lays down the date of 15th May of the year of application as the last day by which contracts made between farmer and collectors or processors in respect of raw materials produced for non-food purposes must be deposited with the Secretary of State (paragraph (4)) and the date of 31st January of the following year as the last day by which certain information relating to those materials must be deposited with the Secretary of State (paragraph (5)).

Regulation 7 lays down the records that must be kept by collectors and first processors in respect of any raw materials produced for non-food purposes purchased by them and the period for which such records should be kept.

A full regulatory impact assessment on the effect that these Regulations will have on the costs of business is available from Defra Information Resource Centre, Lower Ground Floor, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR, or at www.defra.gov.uk/corporate/consult/capsingle-payment/index.htm.

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