The notes below are a summary of the guidance booklet issued by DEFRA in September 2004. They give a useful overview of the main points of the scheme.
Claimant must be
‘a farmer who exercises an 'agricultural activity' (the definition of which includes
maintaining land in Good Agricultural and Environmental Condition).
Land has to be at
‘the farmer’s disposal for a 10 month period’ .
The 10 month
occupation period can start anytime from 1st Oct to 30th April but
defaults to 1st Feb if no date declared.
There can only be
one start date per holding
Factors defining
‘at farmers disposal’
Is there less than
10 months use
Who is the main
user of the land
Does the claimant
carry out an AGRICULTURAL ACTIVITY (includes keeping in GAEC)?
Who takes the
profit
What are the terms
of the agreement
Who is taking the
risk
Who has the legal
rights including the right to terminate
Who has the right to carry out an agricultural activity
Who has control over the land and access to it to
ensure 'Good Agricultural and Environmental Condition'
State who is the
claimant
Show the
responsibility for cross compliance
You must also prove
that land is at your disposal not just through the agreement but by your practice on
the land.
Transfers
Only one start date
permitted per holding – implications for transfers between holdings as neither party
may be able to fulfill 10 month rule if transferred part way through the year.
Okay for transfers of whole holdings as new farmer will be able to continue
the period.
Cross
Compliance
Applies for the
full 12 month period
2005 is the only year that a farmer is able to establish
entitlements and if he wishes claim against them. (indicates entitlements can be
established but not claimed in first year).
To establish an entitlement you must:
Declare number and position of eligible ha to prove you are a farmer at the time of application
The land must
constitute all or part of your holding
Note: if claiming on part of ones entitlements cross compliance conditions must be met on all land entitlements are established against.
Let of grazing for
10 months. Eligibility to
claim demonstrated by the contract between the landowner and grazier and how this is
reflected in the practice on the land. Either party is possible claimant.
Farm Business
Tenancy. States clearly that
tenant eligible
Short-term
tenant or licensee wants to be the claimant. Must have land for 10 months and
demonstrate responsibility for cross compliance
Landowner
wishes to claim payment while third party conducts ag activity. Landowner decision
making control and third party for less than 10 months
You do not have to set aside if:
You farm in the
entirely in the moorland SDA
Your farm consists
of entirely ineligible land
You are a 'small
farmer'. Small farmers have less than 19.48ha eligible for set-aside.
Step One. DEFINE AREA OF
‘ARABLE’ LAND – calculate arable land (inc temp grass or maize). This
will give the total amount of land for which set-aside is required
Step Two. USE OF LAND AT 15 MAY 2003 – if any
of the ‘arable’ land defined at step one was under permanent crops (top-fruit,
nuts, grape vines) or permanent pasture then it is not eligible for
set-aside.
Step Three. DEDUCT ANY INELIGIBLE LAND - (defined at
step two) from the area of arable land identified at step one.
This will give total area
of land eligible for set-aside.
You must use your
set-aside entitlements before you can claim other set-side entitlements
You must not use
your set aside entitlement on land that was not arable in 2003.
(note set-aside entitlements do not have historic payment arrached to them).
Rules similar to
2004 AAPS rules
6 – 10 metre
strips if eligible for SA and next to hedges, woods, water or SSSI. (From Jan 06 these
will need to be sown with grass if insufficient cover).
Growing of non-food
crops similar to current arrangements.
Good Agricultural
and Environmental Condition (GAEC)
Protection of Hedges and watercourses
Must establish protective buffer strips two metres from CENTRE of hedge or ditch and one metre from top of a bank
Must not cultivate
or use inputs
Create from July
2005
Hedgerows - do not
cut between 1st March and 31st July
Protection of Soil
Follow guidance
From 2006 draw up a
soil management plan to carry out from 2007
Permanent Pasture
Can be
ploughed up (check whether an EIA is required first – unlikely if more than 30%
ryegrass) so long as national area of PP does no fall below 95%of 2003 levels.
If falls below 90%
of 2003 levels may be required to reseed land converted from PP in previous year.
Rules regarding ‘land not wholly in agricultural production.’
Must
be maintained so it could be returned to ag production in the following growing season
As a minimum to be
cut or grazed once every 5 years
If not cut for 3
yrs no more than 50% cut or grazed in a single year
No cutting between
1st March and 31st July.
Requirements from
19 EU directives – all but one of which are already in existence.
2004
1st October Start
of start date period for 10 month occupation rule
1st
December Deadline
for amending reference period
2005
1st
January
Scheme year starts, start of cross compliance period.
15th
January Start
of set aside period
30th
April
Last date for start of 10 month period.
16th May
Deadline for return of Single Payment Scheme application forms.
31st
August End
of Set Aside period
Source: DEFRA single Payment Scheme Booklet September 2004