Cross Compliance 2015

DEFRA has published its new guidance on Cross Compliance.  This can be found online at https://www.gov.uk/government/publications/cross-compliance-guidance-for-2015 and claimants will also receive a copy through the post.  The new rules come into force on 1^st January 2015, when the new Basic Payment Scheme (BPS) commences. 

Cross Compliance rules must be adhered to for the whole calendar and on all land on a holding even if it is not being used to activate entitlements.  Care needs to be taken where land included on a BPS application is transferred.  If the person receiving the land is also a BPS claimant in that year, they will become responsible for making sure the cross compliance rules are met for the remainder of the calendar year.  But where the person receiving the land is not a BPS claimant, the person transferring the land remains responsible for ensuring the land meets the cross compliance rules for the whole of the calendar year.

As we have previously reported, some of the rules have remained the same, but all of the GAECs and most of the SMRs have been renumbered.  To recap some of the main changes include;

• The new GAEC 7 contains the rules for landscape features and some of these have changed;
  • The ‘no trimming’ window for hedges and trees (not orchards) now runs from 1^st March to 31^st August inclusive (previously 31^st July).  There may be a derogation available for those wishing to drill OSR or sow temporary grass during August
  • There will be new rules to protect stone and earth banks, the exemption which allowed stone to be removed from stone walls to repair footpaths has been removed
  • The rules to protect trees, including felling licences and tree preservation orders are now included in GAEC 7 (7c)
  • The rules for Scheduled Monuments are now included in GAEC 7 (7e) and has been renamed Ancient Monuments.
• There is no requirement anymore to keep a Soil Protection Review (SPR).  But there are new rules contained in GAECs 4, 5 and 6 for the protection of soils.  DEFRA has also produced another booklet, Cross Compliance in England: Soil Protection Standards which provides further guidance on how to adhere to the rules which in brief include;
  • GAEC 4 – have a minimum soil cover unless there is an agronomic justification not to, or where establishing a cover would conflict with GAEC 5
  • GAEC 5 – manage the land to minimise soil erosion
  • GAEC 6 – maintain the levels of organic matter in the soil

Other changes include;

• The old SMR 3 (sewage sludge) and SMRs 13, 14 and 15 (rules surrounding Foot and Mouth, Bluetongue and certain other animal diseases) have been removed.
• Some rules have been removed from the SMRs which relate to Wild Birds (new SMR 2) and Plant Protection Products (new SMR 10)
• The old GAEC 11 (control of weeds) and 12 (agricultural land which is not in agricultural production) have both been removed.  But this land, under the new BPS eligibility rules, will be required to be maintained so that it is kept clear from dense scrub