More English Greening Detail August 14, 2014 12:00 am DEFRA has published further details on the implementation of CAP reform in England. The full guidance document can be found via https://www.gov.uk/government/publications/cap-reform-august-2014-update-including-greening-how-it-works. The main focus is on how Greening is to operate, although other BPS topics are covered. Whilst it answers some of the practical questions it is by no means the last word – some issues remain unresolved and further guidance is promised in October. Earlier announcements have set out many of the rules, so the sections below simply concentrate on where new information is available. Crop Diversification – Qualification Period Under the Crop Diversification rules, the crop in the ground during the period 1st May to 30th June will count. This is known as the ‘cropping period’. The RPA will inspect 5% of claimants during this time. For Crop Diversification, fallow land would just have to be out of production for this May to June period, but note that EFA fallow land has a longer period – see below. Where crops are harvested before the 30th June, stubble will be judged to be evidence of a crop having been grown. DEFRA is also looking at other sources of evidence for early-harvested crops such as photographs or cropping records. Discussions with the EU Commission are ongoing on how to treat other crops that do not fall neatly into the May to June cropping period. Crop Diversification – Winter v Spring Crops Winter and spring crops will count separately for Crop Diversification. There had been uncertainty whether the differentiation was to be done on planting date or varieties. It has been decided to base it on varieties. This means that if you plant a spring variety in the autumn, it would still be treated as a spring crop. The guidance refers to the ‘National List’ and gives a link to this website – http://www.fera.defra.gov.uk/plants/publications/gazette.cfm. This is the Plant Varieties and Seeds Gazette as published by FERA, but it isnot very clear how this should be used. To us, it appears that you need to click on the ‘Special Edition’ for 2014. Then look at the index on pages 3 to 4 to find the crop in question. Once on the relevant crop page, there is a small (s) or (w) for spring and winter varieties next to the variety name. Some crops on the FERA list do not have the winter/spring data (particularly pulses) so a further link to the PGRO is given – http://www.pgro.org/index.php/. The DEFRA Guidance states that any variety not specifically indicated as a winter crop should be treated as a spring variety. EFA – Buffer Strips These need to be next to a watercourse. They can also be ‘parallel with, and on a slope leading to, a watercourse’ – it is not clear to us what this means in practice. A watercourse is any lake, pond, stream, canal or ditch; temporarily dry ditches are allowed. The minimum width is 1m, measured from the top of the bank. This is the same as existing cross-compliance margins. Remember that 1m run of buffer strips generates 9m2 of EFA so this looks a generous way for claimants to meet their EFA requirement. Although no production is allowed on the strips, grazing and cutting is allowed. Due to cross-compliance rules these strips need to be unfertilised and unsprayed. Buffer strips have to be next to arable land, but temporary grass is ‘arable’, so the cross-compliance margins in these fields will count towards EFA too. It is not specifically outlined in the Guidance Booklet, but there have been questions about how existing field margins, whether under ELS or not, might be used for Greening. Say you have a 6m field margin, could you count the first 1m as buffer strip, and then use the remaining 5m as fallow. From our discussions, it seems that this will be possible – assuming the margin is arable land and therefore qualifies to have fallow on it. The Guidance is also silent on whether existing field margins and buffer strips will retain their arable status even if they have been in place for more than 5 years and have a grass cover. For the past few years these have simply been coded as per the main crop in the field, so there is no official record of their existence. A decision on this is still awaited. EFA – Nitrogen-Fixing Crops The Guidance restates the list of crops that count as nitrogen fixing – the important ones being beans, peas, lupins and soya. The following forage crops also count as nitrogen-fixing and can be set against the EFA requirement, but if they are grown as part of a mix with non-legumes then they will not count – clover, lucerne, sainfoin, trefoil. The minimum plot size for these crops is 0.01 Ha and they are required to be in place during the ‘cropping period’ of 1st May to 30th June. EFA – Hedges The situation on these is not very clear as DEFRA seeks further clarification from the Commission. There is no decision on how hedges that, on one side, border a neighbour, non-arable land or a road are to be treated. There is even uncertainty as to whether a feature (e.g. a ditch) between the hedge and a neighbouring arable field could render the hedge ineligible for EFA. The treatment of hedges with gaps is also undecided. More information is promised in October, which isn’t hugely helpful for those trying to work out their EFA compliance now. With payments possibly being delayed if hedges are used for EFA, it may just be better to avoid using them if there are workable alternatives. EFA – Catch Crops and Cover Crops The Guidance explains the difference between a catch crop and a cover crop!; a catch crop has to be in place by the 31st August in the scheme year and retained until at least the 1st October that year a cover crop has to be in place by the 1st October in the scheme year (not the October preceding the BPS year) and retained until 15th January the following year. The timing of the cover crop looks slightly odd. When a BPS claim is made in May, compliance with the EFA requirement could be based on a land use that doesn’t start for five months. The minimum area of such crops will be 0.01 Ha. Plantings must be a mixture of one cereal and one non-cereal that establish quickly, achieve ground cover and use available nutrients. Details of eligible mixes will be available in October. It will not be possible to use the same area of land to count towards more than one EFA use in a single scheme year. For example, claimants couldn’t grow a nitrogen fixing crop in the spring, harvest it, and then put in a cover crop before the 1st October and count the area twice for EFA. EFA – Fallow The fallow period for EFA purposes will be from the 1st January to the 30th June in the scheme year. No crop can be planted on the land during this period (i.e. you couldn’t start to establish the following crop, or put in a grass ley before the 30th June). However, wild bird seed mixes and nectar mixes will be allowed to be planted on fallow land. It is possible to use temporary grass as fallow land under EFA. However, in line with the overall fallow rules no grazing or crop production (including presumably hay and silage production) is allowed during the fallow period. There are no other specific management rules on fallow land, so the grass could be regularly trimmed for example, as long as the cuttings were left where they are. The minimum area of fallow will be 0.01 Ha and the minimum width 2m. Other Points Some other issues covered in the Guidance are; those that have agri-environmental agreements that face payment reductions due to Greening (see June article for details) will be written to shortly. They will have until the 15th November to decide whether to amend, rescind or continue with their agreements those with cross-border farms will have their Greening requirements calculated on the whole holding. Features to satisfy EFA can be sited in any of the countries the holding is in (it does not have to be pro-rata across countries). However, the options must be eligible in that particular country. an announcement on the future of dual use under the BPS is promised for October it has been decided that there is no land ‘naturally kept in a state suitable for grazing or cultivation’ in England. Therefore, rules on minimum activity levels are not required. It also means that only one part of the Active Farmer test, on business type will apply. the treatment of Common land will largely follow that previously seen under the SPS. Commons are being re-mapped however, which may see areas change. more details of the Active Farmer test will also be published in October the transfer deadline for entitlements has shifted from the 19th October to the 21st October further details on how farms with a mixture of organic and non-organic land will be treated are promised for October. Those that have read this far will have seen the phrase ‘…more information in October…‘ a number of times. As always seemed likely, the process of setting the rules of the BPS was always going to be incremental. The latest announcement helps somewhat, but more information would always be welcome. We will keep you informed of developments.
