Further Greening Points

Following DEFRA’s announcement on the implementation of CAP reform (see June 10^th article), more information has started to trickle-out in various areas.  Readers should note that almost all of this is unconfirmed, and is the result of conversations and discussions that we’ve had.  Therefore, the final rules may be different from what is set out below.  However, it shows the direction of travel of policy-making, and may be useful for those trying to plan;

• it seems likely that the management rules on EFA fallow land will be pretty minimal (or perhaps non-existent), other than the requirement not to produce a crop on the land.  This fits in with the removal of management rules on un-cropped land under cross-compliance.  The possibility is therefore opened-up for cultivations and sprays on such land to, among other things, control black-grass
• the fallow period will have to cover the 15^th May.  It has been suggested that the only other requirement may be for a 6-month fallow period – therefore fairly flexible timings
• the list of ‘nitrogen-fixing crops’ eligible for EFA is awaited.  For simplicity, this seems likely to be the same list as that of ‘leguminous crops’ as set out on page 10 of DEFRA’s greening Guidance (see https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/318457/CAP_leaflet_-_greening.pdf).  Therefore vining peas, for example, would be an eligible EFA crop
• it is probably that fallow margins / buffer strips will be allowed to include cross-compliance 2m margins
• there have been questions raised about hedges next to roads and those between permanent pasture and arable fields.  Will they have to be treated as ‘half hedges’ in terms of their EFA contribution?  The answer is probably that they will not – because the rules only require the hedge to ‘adjoin’ arable land, what is happening on the other side of the boundary seems irrelevant.

In terms of interaction of the ELS and EFA, those with post 1^st January 2012 agreements are faced with reductions in their ELS payments if they have double-funded options.  The good news is that hedges are not one of the 18 ELS options that require payment reductions (as is widely thought).  The bad news is that the options that do require deductions (including most margins) could face quite large reductions.  This is because the elements of the payment that relate to income foregone and establishment have to be removed – only leaving a small ‘management payment’.

All the answers are not yet available – it would be good to know what the criteria for defining a winter or spring crop is going to be for example.  However, it is now possible to work out in most farm situations what the effects of greening are, and what measures (if any) are required.