CAP Reform Q&A Online Discussion

Woldat said:

I am in ELS post Jan 2012.
I have 6m buffer strips next to ditches with 1m cross compliance. Can the cross compliance strip be used as an EFA buffer strip or could another 1m margin be added?

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Hello
The 1m cross compliance strip alongside a watercourse in an arable field can be used to contribute to your EFA requirement as an EFA buffer strip. We will confirm in October if the remaining area can be counted as fallow land.

Pan mixer said:

I have taken on about 15 ha of extra land in the last year.
Currently this is registered as TG1 but the landlord and I will want it to be permanent pasture.
All my other land is permanent pasture and runs to about 35 ha

can I register this new land as PP next year?

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Thanks for your question
The definition of temporary grass and permanent grass is set out in the EU Regulations – as are all the land use definitions. If your land meets the criteria set for temporary grass then it should be considered to be temporary grass. Land can only be declared as permanent grassland if it meets the permanent grassland definition.
However, you will find that one of the exemptions for crop diversification and EFA does not differentiate between permanent grass and temporary grass – so, for this exemptions, the fact that you have grassland is the important thing. See Defra's August leaflet for more information https://www.gov.uk/government/publi...t-2014-update-including-greening-how-it-works.

Mad Farmer said:

You say that catch crops should not be grazed, but I am of the belief that that is what catch crops are for. Cover crops are not usually grazed. please verify.

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hi @Mad Farmer
In explaining the rules for catch and cover crops for the purposes of EFAs the EU guidance states that crops that are grazeable should not be counted towards EFA.

rob1 said:

If I wanted to sow down all my arable land to grass for two years would that break the three crop rule

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Hello
The exemptions for crop diversification are shown on page 18 of the August leaflet https://www.gov.uk/government/publi...t-2014-update-including-greening-how-it-works. Please note it is an annual calculation.
If all your arable land was temporary grass then you you would be exempt from the crop diversification rules in that year.

A O Consultancy Ltd said:

Can a farmer plough up arable (TG1) land on 16th May to plant maize and still qualify under the 3 crop rule for BPS?
Also will clover count as a nitrogen fixing crop?

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Thanks for your question, we have been working through responses
The crop diversification requirement is concerned with what happens on all of a farm's arable land not just on what happens on one piece of land. A farmer needs to consider what will be present on the land during the cropping period. We understand that some crops (e.g. maize) might not be sown on 15 May and page 23 of the August leaflet explains that we are working with the industry to devise special arrangements for these crops, and will tell you more in October.
Page 20 of the August leaflet explains that where pasture legumes such as clover are grown on their own then they may be considered as a “crop” and will be considered to be eligible as an EFA nitrogen fixing crop. Page 21 explains how you should consider clover when grown as part of a mixture - https://www.gov.uk/government/publi...t-2014-update-including-greening-how-it-works

Can any crop be planted on land destined for fallow, bearing in mind it can not be touched between Jan 1st and June 30th?

Am i then able to do what i want with it on the 1st of July?

DefraGov said:

Hello
The exemptions for crop diversification are shown on page 18 of the August leaflet https://www.gov.uk/government/publi...t-2014-update-including-greening-how-it-works. Please note it is an annual calculation.
If all your arable land was temporary grass then you you would be exempt from the crop diversification rules in that year.

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Thanks for the reply I had tracked it down now, good to know that there is a light touch on the regs this time, keep up the good work

David Brooks said:

In relation to buffer strips parallel to and on a slope leading to a watercourse:

Is there a maximum distance from the watercourse?
Can there be a hedge, track or fence or other division between the buffer strip and the watercourse?
Can there be a change of ownership between the buffer strip and the watercourse, with or without a dividing feature?
Bird cover and nectar mixes can be planted on "in field" buffer strips, but can this be done on those strips adjoining a watercourse?

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Hi - a few questions on this thread about buffer strips.
Where there is a hedge, track or fence between the proposed buffer strip area and the water course then there would be no buffering effect for the water course from the proposed buffer strip. Such a strip should not be used as an EFA buffer strip.
In practice this means that in-field buffer strips can only really be located within the field next to a water course – the buffer strip must be at your disposal in order to count towards your EFA requirement.
There is no maximum distance from the watercourse but an infield strip does need to be located on a slope, above the water course and run parallel to the water course.
Strips adjoining water courses can also be planted with bird cover and nectar mixes.

A O Consultancy Ltd said:

i have a list of queries that may have already been answered so apologies in advance, but can you answer the following points?

1. When will we know the management rules for greening EFA areas
2. When will we know what the minimum width the RPA will use to classify a hedge
3. Will clover count as a leguminous crop for dairy farmers
4. Will all farmers have to re-register with RPA
5. How long does fallow land have to be down for?
6. If you leave TG1 Crop until 15th May and then plant maize can you avoid the arable area calculation?
7. When will we know the format for the new BPS 2015 forms?
8. Will agents be able to access the online mapping system well in advance of the application window in order to become familiar with the new format?
9. Will the RPA really be lenient if a Farmer chooses to opt out? The guidance says its compulsory!!

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Hi
we've been working through your list and here are our answers:
1. The management rules are set out in the August leaflet on www.gov.uk/cap-reform – we do not anticipate defining further management rules, but we will provide further clarification if new issues emerge.

2. We are hoping to communicate this in defra's next information leaflet in October.

3. Page 20 of the August leaflet explains that where pasture legumes such as clover are grown on their own then they may be considered as a “crop” and will be considered to be eligible as an EFA nitrogen fixing crop. Page 21 explains how you should consider clover when grown as part of a mixture.

4. All farmers will need to use the new online application and payment service, called the CAP Information Service. You will be sent a Registration Pack when it is time to register.

5. Page 13 of the August leaflet explains that to count as a “crop” a fallow needs to present between 1 May and 30 June. On page 31 of the leaflet you will see that to count as an EFA fallow a fallow needs to be present between 1 January and 30 June. An EFA fallow may also be considered to be a fallow for the purposes of crop diversification.

6. A farmer needs to consider what will be present on the land during the cropping period. Page 23 of the leaflet explains that we are working with the industry to devise special arrangements for crops that are sown after 15 May.

7. We will provide more information later in the year. You will need to apply for the Basic Payment Scheme online. Your application will be based on your online account on the CAP Information Service.

8. We will invite agents to register on the online CAP Information Service as a priority this autumn.

9. Greening is compulsory. Reductions in the area subject to the greening payment can be made for non-compliance – so you could lose all of your greening payment. Additional administrative penalties will not be applied in 2015 or 2016 but can be applied thereafter.

Burnie Gunther said:

Can any crop be planted on land destined for fallow, bearing in mind it can not be touched between Jan 1st and June 30th?

Am i then able to do what i want with it on the 1st of July?

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hello, here's our answer:
Fallow cannot be used for production or for sowing of the next crop during the fallow period. However, bird seed mixtures and nectar sources may be sown (see page 31 of the August leaflet on www.gov.uk/cap-reform).

robski said:

If I have 100Ha of Arable land, I would need 5Ha of EFA`s, could I plant all the 100Ha with wheat, barley and oats this autumn and then plant a catch crop before 31st August 2015 ? would this satisfy my greening requirements ?

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Yes – however please note that, after applying the weighting factors, 1ha of catch crops/cover crops only counts as 0.3ha of EFA. Please see from page 9 of the august leaflet for more information.

doasyoulikey said:

On your video you posted on here the other day it looked really fiddle to add all the hedges and other features on the farm, will most of this information be prepopulated from previous records or will we have to add it all? By the looks of it it could take me weeks to do it if I have to start from scratch

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Hello
The new online CAP Information Service will require upfront work from customers and agents to ensure they have added all their land features and land uses (including EFAs) to the new online maps. Where possible and relevant, information will be prepopulated but this is a new CAP with new schemes and rules so we encourage all customers to register to use the service as soon as you receive your registration packs.

Stephen E said:

Could I crop my whole farm as normal this autumn and plant a cover crop in autumn 2015 to satisfy the greening rules for the May 2015 claim. Thanks.

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Hi there
The cropping proposal you give seems to meet the EFA requirement – but please note that 1ha of catch/cover crop equals 0.3ha of EFA. However, you will need to remember that greening is more than just EFA so you will need to consider the other two greening measures -permanent grassland and crop diversification. The rules for these two measures are also in the August leaflet on www.gov.uk/cap-reform.

DefraGov said:

Hi there
The cropping proposal you give seems to meet the EFA requirement – but please note that 1ha of catch/cover crop equals 0.3ha of EFA. However, you will need to remember that greening is more than just EFA so you will need to consider the other two greening measures -permanent grassland and crop diversification. The rules for these two measures are also in the August leaflet on www.gov.uk/cap-reform.

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Thanks for the reply.

DefraGov said:

Thanks for you question
After rounding to two decimal points 40 acres is 16.19ha. You have more than 15ha of arable land therefore you would be expected to provide 5% of 16.19ha as EFA. The EFA options available are listed in the August leaflet. Please note that areas/features counted towards EFA must be on or next to your arable land.

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Thank you for answering my question ( it was the answer I was expecting tbh )

Another question related to EFA : if a farmer grows 100% clover on part of his/ her arable area which I understand ( per the August leaflet ) will qualify as EFA can you cut it for silage at some point in the reference year it has been grown for??

Many thanks.

Hi if "defragov " are still answering questions?
Double funding .
Some ELS users were promised a letter detailing their options if they were caught under the double funding rules and this letter had to be replied to by very early november.
Time is getting tight for these decisions and so far no letters have been received for those who need to choose one of the options.When are these letters due to be sent, many thanks.

gloria1 said:

Hi if "defragov " are still answering questions?
Double funding .
Some ELS users were promised a letter detailing their options if they were caught under the double funding rules and this letter had to be replied to by very early november.
Time is getting tight for these decisions and so far no letters have been received for those who need to choose one of the options.When are these letters due to be sent, many thanks.

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Got mine Friday.

Thanks I will await mine!

Question Please:
i)If we purchase entitlements during the current window but then find we are not in a position to use them for 2015 BPS, can we re-sell them in the next window having not used them, or will we end up surrendering them to the national reserve and losing the money we have invested?

ii)Alternatively, can we apply for new BPS entitlements from the national reserve? If so, what are the criteria to qualify?

Define Fallow
Can stubble left untouched count as fallow?
I ask because the dictionary definition of fallow is cultivated land that doesn't have a crop sown/planted.
I have to keep 37 acres as EFA and I'm going to keep it simple this first year and leave 40 acres in stubble, thats leaving a little wriggle room, and that acreage fits the small whole fields im leaving, which should also count as my third crop too.
I rang the RPA and asked two different people, who both thought that it was okay.

Tsk