CAP Reform Q&A Online Discussion

[Tarw Coch]

Any questions that were asked and not answered, @DefraGov have said they would answer in the next week.

Still waiting.

 

[Fuzzy]

Still waiting.

@DefraGov do you realise we are still waiting for answers ????

 

[solo]

Went to defra stand at tillage today. Asked if arable field with hedge and then ditch or stream would qualify for buffer strips. Answer. Don't know but hopefully will be answered in third week of october with next info release. Brilliant for drilling decisions!

 

[Chris F]

@Fuzzy @solo There are only a very small pool of people at Defra who are able to answer these questions at the moment. We had them all available for our Q and A session here. However, at the moment don't expect all Defra employees to be able to answer technical questions (but you may get lucky).

I spoke to the Defra Cap Reform team yesterday and they are aware their are questions outstanding and are working on the answers.

@solo - have you read though this thread in full as I believe someone asked a similar question in the session. Sorry if you already have.

 

[solo]

@Fuzzy @solo There are only a very small pool of people at Defra who are able to answer these questions at the moment. We had them all available for our Q and A session here. However, at the moment don't expect all Defra employees to be able to answer technical questions (but you may get lucky).

I spoke to the Defra Cap Reform team yesterday and they are aware their are questions outstanding and are working on the answers.

@solo - have you read though this thread in full as I believe someone asked a similar question in the session. Sorry if you already have.

Yes, read through, and the same question has been asked but not answered. More patience required. Thanks anyway.

 

[DefraGov]

can I have a buffer strip running along the side of a hedge next to a water course ? and if the buffer only has to be 1 metre wide can I have a 5 metre fallow strip next to it ?

Hi @parker
We've been considering your query and our advice is a buffer strip has to be located next to a watercourse to count as an EFA (or be located on a slope parallel to the watercourse). We will confirm in October if the remaining area can be counted as fallow land and endeavour to include further clarity in the next CAP reform leaflet for all customers.

 

[DefraGov]

I am in ELS post jan 2012.
managing options EE4,EE5,EE6,EK2,EK1,EA1. none of which appear in "double funding environmental stewardship agreements Q and A" Defra briefing note.
Is it therefore correct that I will have no ELS payment reduction.

Hi
Only the ELS options listed in the ‘Double funding FAQs’ on GOV.UK at www.gov.uk/cap-reform will be reduced on the post 1 January 2012 agreements.

 

[DefraGov]

Can a 6m grass margin next to a water course that's not under any HLS or ELS scheme be used as a 1m buffer strip and 5m wide fallow area for my EFA obligations?

Hi there
We've been considering your question and our response is the calculation of the buffer strip area for EFA is counted on linear length. i.e. 1m length would count as 9sq m. There is no maximum width, but the attributed width would always be the same. We will confirm in October if the remaining area of the strip, which would have to be arable land, can be counted as fallow land.

 

[DefraGov]

I understand that Temporary Grass may be used as fallow land for EFA's (provided that it is not sown with grass during the fallow period 1 Jan -30 June). Under Set-Aside you would have to destroy the crop/grass which grew on this land. As EFA's do not seek to limit production will it be possible to silage this ground on the 1st July and thus simply not cut the area of TG1 between 1st Jan - 30th June. Will it be possible to still apply fertilisers or manure to this area which is managed as'Fallow'

Hi Andy
Thanks for your query, we've been waiting to bring you the most up to date guidance from the Commisison. Temporary grass could count as fallow land for EFA provided that you follow the relevant rules, as outlined on page 9 of our August leaflet https://www.gov.uk/government/uploa...file/345073/cap-reform-august-2014-update.pdf.
In doing so you will appreciate that where there is no production, there is no requirement for fertiliser or manure. Outside of the EFA fallow period (1st January to 30th June) we do not expect there to be any specific EFA management requirements and a return to production is possible – including a return to crop specific fertiliser and manure applications. We will provide more information in October.

 

[DefraGov]

Sorry if this has already been answered somewhere. If we grow peas/beans as part of our EFA, can we grow them normally, like we have before? Or will there be any restrictions on growing them? Chemicals, Timings etc.

Thanks for you question
There are no EFA specific restrictions on inputs and location for EFA nitrogen fixing crops. However, they must be present during the period 1st May to 30th June.

 

[DefraGov]

Echoing some of the above questions, can you confirm that grassland which has been put down in whole land parcels for over 5 years as part of the ELS scheme can be classified as 'Fallow' in the new BPS application?
These parcels are currently classified in SPS as PP4 - Permanent pasture on EU agri-environment scheme land, and The Guide to Cross Compliance in England 2014 - complete edition, p9 says "Permanent Pasture is land that has not been taken out of production under certain environmental schemes.". I take this to mean that PP4 parcels will not automatically be classified as Permanent pasture under BPS, but the Cross Compliance guidelines do not state the 'certain schemes' which it refers to, leaving an element of ambiguity.
Secondly, the 'Buffer Strips' available as an EFA option, state that they can be "parallel with, and on a slope leading to, a watercourse", but does not specify whether there can be more than one 'Buffer Strip' relating to each watercourse. Can each watercourse have more than one Buffer Strip, as long as each is a minimum width of 1m? Could these strips then be directly adjacent to one another or have few metres of fallow inbetween?

Thanks @Godber for your queries here.

There are a few questions in there for us to un-pick and we're still considering these so as to give you the most accurate answers we can.

 

[DefraGov]

I have bird cover crop areas, that are currently planted with Chicory, artichokes and canary reed grass (in blocks not mixed, ie an single block of cover may have a strip of canary grass and two strips of artichokes for example). These are not used for agricultural production and used as shooting cover. Some have been ploughed within the last 3 years, some are longer term. Do these areas count as arable for EFA calculations, and will they themselves qualify as EFA area for 2015?

With regards to buffer strips how wide do they have to be to qualify, and is there a maximum? And is the nine times factor applied to the area one leaves as a buffer, or some standard width time the length? Ie if one had a buffer strip of that was 100m long by 6m wide (ie 600m2 of actual buffer) would that count as 9x600=5400m2 for EFA purposes, or would some other value apply?

Can fallow be used in strips along hedges where buffers are not applicable? If so what is the minimum amount and does the land have to have been cropped the season before it is termed fallow, or can an existing grass field margin be termed fallow for EFA purposes?

Can you put a buffer strip next to a water course that doesn't belong to you? Agricultural boundaries are often the lip of the ditch on the far side of the hedge from the owner. Thus your neighbour actually has land that borders the ditch not you. Can he claim a buffer strip in those circumstances?

Hi
thanks for your questions here which we've been working through. In order:
a) We will provide more information to customers about wild bird cover and fallow land in October.

b) For a buffer strip, the calculation of area for EFA is counted on linear length. i.e. 1m length would count as 9sq m. There is no maximum width, but the attributed width would always be the same. We will confirm in October if the remaining area can be counted as fallow land.

c) If the strips referred to are arable, and are managed to meet the fallow land rules, which includes the minimum sizes, then they can be counted as fallow land. This land would then count as fallow land to meet both the EFA and crop diversification requirements.
It would have to have a minimum width of 2m and a minimum area of 0.01 ha.
d) The buffer strip land must be at your disposal (and meet all other EFA rules) if you are to count it towards your EFA, but the watercourse it buffers does not have to be at your disposal.

 

[DefraGov]

if I grew a cover crop sown in august 2015 using a mix of barley and say mustard and then planned to either graze or destroy in early oct15 and then sow with autumn cereals how do I report this so as it would be acceptable as efa as I would have filled a declaration form in presumably before 15 may when the land parcel was in cereals and not in the inspection period

Hi
We will be providing further guidance on the new online CAP Information Service that will explain how you will declare this land in addition to the land use you declare on 15 May. You will have to declare it when you make your application before 15 May and this information will be used for possible inspections.
Please remember that to count a cover crop as an EFA you are not allowed to sow mixtures that are grazeable or to graze the areas.

 

[DefraGov]

what has to be done with land and what cannot be done on land used as fallow for efa between before and after the set period and how does the use of temp grass work as fallow and if a parcel of temp grass is used as efa fallow does it remain temp grass in the following years or could it be used as fallow again and if I use fallow in 2 or 3 metre strips to split a field are we going to run into the same problems re mapping as has been suggested with hedges ie late payment

Hi
There are quite a few questions about fallow land for EFAs on this feed.

The August leaflet [https://www.gov.uk/government/publi...t-2014-update-including-greening-how-it-works] sets out what is expected during the fallow period – i.e. don’t use it for production or grazing and don’t establish another crop, although you may plant a wild bird seed mix or nectar source. Outside of this period we expect that you will be able to resume normal farming activities.
If you have an area of temporary grass that you wish to use as fallow (to meet your crop diversification requirement or EFA) then you need to follow the fallow rules throughout the period, you can’t cut it for hay or silage and you can’t graze it – but be aware that if you declare the land for EFA fallow then the period when these rules apply is longer than for fallow used to meet your crop diversification requirement alone. The same area of fallow land can be used to count towards EFA in consecutive years, as long as it meets the relevant rules during the fallow period (1 Jan to 30 Jun).

 

[Hampton]

Hi
Apologies if this has been already answered.
I have heard that grass drilled on arable land this autumn, provided it is not sprayed, fertilised, grazed or cut before July 1st 2015 can count towards EFA. Is this true?

Very sorry, it appears we posted at the same time!

 

[DefraGov]

I am a livestock keeper and have been converting arable land to pasture over the last few years. Can I convert TG1 to permenant pasture before it has been grass for 5 years to aviod the three crop rule?

Hello @Enfoff
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 classed as permanent grassland if it meets the definition of permanent grassland.

 

[DefraGov]

If I had 40 acres of arable crops ( say winter Wheat / Spring Barley ) and 100 acres of Permanent grassland adjacent to the arable land will I need to set some of the 40 acres of arable land aside to use as an EFA as well??

Thanks, for any help/advice.

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.

 

[DefraGov]

Is there a threshhold for the levels of volunteer plants in a crop? For example if a legume crop follows barley and their was high levels of barley volunteers would this still count as a nitrogen fixing crop? As the idea of this is for the environment surely it wouldn't make sense to use lots of damaging herbicides?

Hello @Waltz
We recognise that volunteers and weeds are part of normal farming. In most cases the level of volunteers would not alter the crop status of a field because it is not in the interest of farming to allow high levels to persist. However, if the level of volunteers is such that the result appears to be a mixed crop then the farmer should consider whether “mixed crop” would be a more appropriate land use code for the field.

 

[DefraGov]

Thanks, so we don't need to plant anything for greening until after January 2015 is this correct?

Hi, we spotted your second question
EFA catch crops and cover crops used towards EFA for 2015 should be planted in 2015. See from page 28 of the leaflet for more details.
Crops used to comply with the crop diversification rules should be present for inspection, in the correct proportions, between 1 May and 30 June 2015. Farmers will need to consider when to plant their crops to comply with this requirement.

 

[DefraGov]

I am a dairy farmer farming in a NVZ. I have a derrogation allowing the use of up to 250kgN/ha but as part of this derrogation i have to have at least 80% grassland. However i am allowed to grow more than 20% of my land as crops such as spring barley or maize provided they are undersown with grass so it is still classed as grassland.
How will this fit in with the BPS, will undersown crops be able to be classed as grassland?

Hi @Tarw Coch
We've been working through outstanding questions on the thread.

For BPS you will have to follow the rules listed in the August leaflet https://www.gov.uk/government/publi...t-2014-update-including-greening-how-it-works. The crop (i.e. maize) that has been undersown with grass is the crop that should be recorded on your BPS application.

We recognise these requirements may be different to the requirements under the NVZ rules.