42. SMRs 6, 7, 8 and 8a relate to the identification, registration and traceability of sheep, goats, pigs, cattle and beef products. You must comply with the domestic legislation including where appropriate:
43. If you are already following the animal identification, registration and traceability legislation then you are already complying with these SMRs.
44. For Cattle
The British Cattle Movement Service ( BCMS) operates the Cattle Tracing System ( CTS) on behalf of SEERAD. Requirements on the identification and traceability of cattle are set out in the BCMS guidance leaflets issued to all keepers.
45. For Sheep and Goats
Guidance on the requirements you must meet for sheep and goat identification and traceability are contained in the 'Dear Keeper' letters of 29 July 2004 and 14 July 2003. These letters are available on the SEERAD website at: www.scotland.gov.uk/library5/agri/sgtagg-00.asp
The domestic legislation is currently being updated and we are sending new information to keepers as part of this process. You will need to follow this information in order to comply with SMR 8a.
Alternatively, information can be obtained by contacting the Scottish Animal Movement Unit ( SAMU) 0131 244 4202.
46. For Pigs
Guidance concerning the identification and traceability of pigs can be found in the 1995 pig keeper guidance and subsequent 'Dear Keeper' letters including the letter dated 10 December 2002.
You can also contact the Scottish Animal Movement Unit ( SAMU) on 0131 244 4202 for further information.
SMR 9 Restrictions on the use of plant protection products
47. These requirements apply if you use Plant Protection Products on your holding.
48. You must not use any plant protection product unless:
- it has been approved under the Plant Protection Products (Scotland) Regulations 2005 (" PPPR") or the Control of Pesticides Regulations 1986;
- it is used in accordance with any requirement or condition which is:
i) specified in the approval or in any extension of use; or
ii) required by the approval or extension of use to be on the labelling.
- it is used in accordance with the principles of good plant protection practice; and
- whenever possible, it is used in accordance with the principles of integrated control.
49. Note: In complying with this SMR you should note the following:
"Plant protection product" means an active substance or a preparation containing one or more active substances, put up in the form in which it is supplied to the user, intended to -
- protect plants or plant products against all harmful organisms or prevent the action of such organisms;
- influence (for example, as a growth regulator) the life processes of plants, other than as a nutrient;
- preserve plant products, in so far as such active substances or preparations are not subject to provisions of Community law on preservatives;
- destroy undesired plants; or
- destroy parts of plants or check or prevent the undesired growth of plants.
"Active substance" means any substance or micro-organism, including a virus, having general or specific action against harmful organisms or on plants, parts of plants or plant products.
Details of approved products are all recorded under the pesticide product names at https://secure.pesticides.gov.uk/pestreg/Prodsearch.asp .
"Good plant protection practice" is the practice whereby the treatments with plant protection products applied to a given crop, in conformity with the conditions of their approved uses, are selected, dosed and timed to ensure optimum efficacy, taking due account of local conditions and of the possibilities for cultural and biological control.
Good plant protection practice is explained in the Code of Practice for the safe use of pesticides on farms and holdings (" Green Code") (Statutory Code of Practice made under section 17 of Food and Environment Protection Act 1985 (" FEPA")) a copy of which can be found at www.pesticides.gov.uk/safe_use.asp?id=64 . (See sections 1, 2 and 6).
The Green Code is currently being revised. The new code, " Pesticides code of practice for using plant protection products in Scotland", is expected to be published around Spring 2006.
" Integrated Control" means the rational application of a combination of biological, biotechnological, chemical, cultural or plant-breeding measures whereby the use of chemical plant protection products is limited to the minimum strictly necessary to maintain harmful organisms below levels above which economically unacceptable damage or loss would occur.
50. For further information on integrated control, see the " Pesticides and Integrated Control" publication available at www.pesticides.gov.uk
51. There are record keeping requirements for pesticides which are included under SMR 11.
52. Further advice on pesticides and their regulation can be obtained from the Pesticides Safety Directorate Information Section -
PSD Mallard House
Kings Pool
3 Peaseholme Green
York, YO1 7PX
Telephone: 01904 455775
FAX: 01904 455733
Website: www.pesticides.gov.uk
Email: information@psd.defra.gsi.gov.uk
SMR 10 Restrictions on the use of substances having hormonal or thyrostatic action and beta-agonists in farm animals
53. Domestic legislation prohibits most uses of such substances in all species of farm animals. However, administration of some of these substances is permitted under veterinary control for a very limited range of uses. SEERAD's evidence is that nearly all farmers in Scotland are already in complying with SMR 10.
54. You must not:
- store substances related to oestradiol 17ß, beta-agonists that are for induction purposes in the treatment of tocolysis, or products containing these substances on the farm
- use hormonal substances for growth promotion
- use substances containing or related to oestradiol for oestrus induction in farm animals after October 2006. (You should note that UK law allows the use of oestradiol 17-ß or its ester-like derivatives only for oestrus induction in cattle, horses, sheep or goats or for treating cattle for foetus maceration, mummification or pyometra. However, its use for oestrus induction in cattle, horses, sheep or goats is prohibited from 14 October 2006.)
55. You must:
- use only UK authorised veterinary medicinal products for their authorised purposes
- obtain 'Prescription Only Medicines - Veterinarian' ( POM-V) through a veterinary surgeon or UK registered pharmacy
- follow the instructions for use
- update medicines records whenever these substances are used on the farm
- follow the withdrawal periods as laid out in the product's instructions for use or veterinary prescription
56. The types of substances whose uses are limited by SMR 10 include:
- oestrogens, such as oestradiol and zeranol
- androgens, such as testosterone
- gestagens, such as melengestrol acetate
- thyrostats, such as methylthiouracil
- stilbenes, such as diethyl stilboestrol and
- beta-agonists, such as salbutamol and clenbuterol
57. Examples of products that might contain these substances include - PRID, Planipart and Ventipulmin. Your veterinarian will be able to advise you on where use of these might be allowed.
58. Examples of products whose use is illegal are:
- Component T-H, 20 Dose Strip, This product is a slow release anabolic agent containing trenbolone acetate, a growth-promoting steroid;
- Compudose, an injectable form of zeranol, which promotes growth;
- Finaplix, an implant for feedlot heifers containing trenbolone acetate, a growth-promoting steroid.
- MGA® 200 or MGA® 500, products containing melengestrol acetate. It can be used to improve rate of weight gain and feed efficiency in confined feeding heifers or for oestrus suppression in breeding heifers
- Ralgro, an implant containing zeranol for growth promotion
- Synovex, a range of growth promoting products that may contain testosterone and estradiol benzoate, or progesterone and estradiol.
59. You should note the meaning of the following terms:
Beta-agonists - A group of veterinary medicines that, as muscle relaxants, can be used in animals to aid calving and in humans to treat asthma. Some beta-agonists, such as clenbuterol and salbutamol, have been used illegally in animals at much higher concentrations as growth promoters, where they result in a higher proportion of lean meat. Effects noted in some consumers of meat from such animals are increased pulse rate, palpitations or flu-like symptoms.
Hormonal substances including thyrostats - include both naturally occurring and synthetic substances. Natural hormones are produced by endocrine glands such as the ovaries, testes, thyroid, adrenal or pituitary and released into the blood stream to be carried to a particular organ or tissue, where they produce a specific response. Synthetic substances that have hormonal action include, stilbenes gestagens and thyrostats.
Useful Publications: The Compendium of Data Sheets for Animal Medicines 2005, lists nearly all UK authorised veterinary medicinal products. It is published by the National Office of Animal Health, ISBN 0 9548037-0-1. (The 2006 Version is due to be published in October/November 2005).
SMR 11 Food Law
60. For the purposes of Cross Compliance you must, from 1 January 2006, comply with Articles 14, 15, 17(1), 18, 19 and 20 of Regulation ( EC) No 178/2002 (which lays down the requirements of food law) as far as they relate to an agricultural activity which you carry out, or to agricultural land on your holding.
The main requirements:
61. You should follow the main requirements of the relevant Articles of 178/2002 as summarised in the bullet points below. We will be issuing detailed requirements to supplement these in the early part of 2006.
- You must not place food 3 on the market if it is unsafe 4.
- You must not place unsafe 5 feed 6 on the market or feed it to food producing animals.
- You must have in place, and maintain, traceability systems and procedures in the form of adequate records and documentation of both inputs to and outputs from your business. In summary you will need to be able to supply evidence of:
ÿ any person or business from whom you have been supplied with a food, a feed, a food-producing animal or any substance that will be incorporated into a food or feed; and
ÿ any businesses that you have supplied with any of your products.
- If you consider or have reason to believe that a food that you have produced does not satisfy food safety requirements and it has left your control, you shall immediately initiate procedures to withdraw that food from the market and inform the competent authorities of your actions.
- If you consider or have reason to believe that a feed that you have produced does not satisfy the feed safety requirements you shall immediately initiate procedures to withdraw that feed from the market and inform the competent authorities of your actions. In addition, where any such feed is part of a batch, lot or consignment of feed of the same class or description, you must destroy the batch, lot or consignment unless the competent authority is satisfied otherwise.
- You must inform the competent authorities immediately if you consider or have reason to believe that a food, which you have placed on the market, may be injurious to human health or if a feed, which you have placed on the market, may not satisfy the feed safety requirements. You must also inform the competent authorities of the action you have taken to prevent risks to the final consumer or risks arising from the use of that feed. You must not prevent or discourage any person from cooperating with the competent authorities where this may prevent, reduce or eliminate a risk arising from a food or feed.
- As a food or feed business operator you must ensure that you comply with all Food Law 7 as it relates to your agricultural land or agricultural activities.
Food law and the Food and Feed Hygiene Regulations:
Food hygiene:
62. The new Food Hygiene laws apply from 1 January 2006 ( EC Regulations 852/2004 and 853/2004). From 1 January 2006, the general principles of food hygiene legislation will extend to all farms engaged in the production of food and feed. The new Food Hygiene regulations include obligations covered by Cross Compliance which mean that you will need to take steps to prevent contamination arising from water, soil, feed, veterinary products, pesticides, waste etc. You will need to prevent animals and pests from causing contamination and you will need to take account of results from tests relevant to animal and human health.
Feed Hygiene:
63. The Feed Hygiene regulation 8 will apply to all feed businesses that make, use or market animal feed, which amount, in the main, to fairly basic hygiene procedures. The Feed Hygiene regulation includes obligations which are covered by Cross Compliance, for example controlling hazards relating to contamination and keeping appropriate records in relation to feed e.g. nature and origin of your animal feed etc.
Further information:
Any queries on SMR 11 and the information contained should be directed to your local SEERAD Area Office.
Any queries on the Food and Feed Hygiene Regulations and the information contained should be directed to the Food Standards Agency Scotland at the address below:
Food Standards Agency Scotland
6th Floor, St Magnus House
25 Guild Street, Aberdeen
Tel: 01224 285142 (for food);
01224 285138 (for feed)
Fax: 01224 285168
Email: strategic@foodstandards.gsi.gov.uk
SMRs 12-15 WILL APPLY IF YOU KEEP LIVESTOCK ON YOUR FARM.
64. These SMRs include a requirement for you to notify the Divisional Veterinary Manager if you know or suspect that your livestock is infected with one of the listed notifiable disease. The Divisional Veterinary Manager can be contacted at your local Animal Health Divisional Office - details are listed at Annex 15.
SMR 12 Prevention and Control of Transmissible Spongiform Encephalopathies ( TSE)
65. The relevant domestic legislation relating to this SMR is currently being amended. You will be informed should there be any changes to the requirements listed below in the light of the new legislation. In the meantime, however, all the requirements listed below apply.
66. You must:
- immediately notify the Divisional Veterinary Manager of any animal suspected of being infected by a TSE e.g.BSE or scrapie
- on notification of a TSE suspect or confirmed case, fully comply with movement restrictions, including any order to slaughter and destroy the animal(s), or any other notices served by an inspector imposing measures concerning that animal or animals under the TSE Regulations 2002.
- not feed to ruminants, any animal protein or any feedingstuff, which contains animal protein, except (subject to required processing)
- - milk, milk-based products and colostrum,
- - eggs & egg products,
- - gelatine from non-ruminants,
- - hydrolysed proteins derived from non-ruminants or from ruminant hides and skins
- not feed products containing the following to farmed animals (ruminants or non-ruminants), directly or in feedingstuffs:
- - processed animal protein (includes mammalian meat and bonemeal, poultry meal, feather meal etc);
- - gelatine from ruminants
- use the following proteins for non-ruminant use only for feed production, or use or store complete feed containing them:
- - fishmeal;
- - blood products;
- - blood meal, only where fed to farmed fish;
- - dicalcium phosphate and tricalcium phosphate of animal origin, (mineral-derived versions are permitted for all livestock and are most commonly used - feed labels not specifying 'animal origin' can be taken to be mineral);
and only use them where: - - authorised by SEERAD to use derogated proteins to produce non-ruminant feed ( e.g. on-farm mixers - authorisation is always required where ruminants are present);
- - registered by SEERAD to use derogated proteins to produce non-ruminant feed where no ruminants are present ( e.g. on-farm mixers).
- - registered by SEERAD to use feed products containing derogated proteins on premises where ruminants are present.
67. The registration referred to in the final bullet will require farmers to confirm adequate on-farm measures, including storage and feeding arrangements, to ensure that feed containing derogated proteins are not fed to ruminants and kept adequately separated from ruminant feed. Following registration SVS inspection will confirm permission to use such products on the premises in line with EU requirements.
SMR 13 Control of Foot and Mouth Disease
68. You must:
- notify the Divisional Veterinary Manager if you know or suspect that an animal or carcass in your possession or under your charge is infected with foot and mouth disease; and
- keep animals infected with foot-and-mouth disease or animals suspected of being infected, away from places where other animals of susceptible species are at risk of infection or contamination.
SMR 14 Control of Certain Animal Diseases
69. This relates to the following diseases: rinderpest, peste des petits ruminants, swine vesicular disease, epizootic haemorrhagic disease of deer, sheep and goat pox (capripox), vesicular stomatitis, lumpy skin disease and rift valley fever.
70. You must notify the Divisional Veterinary Manager if you know or suspect that an animal or carcass is infected with any of these diseases.
SMR 15 Control of Bluetongue
71. You must notify the authorities if you know or suspect that an animal or carcass is infected with Bluetongue.
Good Agricultural and Environmental Condition ( GAEC)
72. Good Agricultural and Environmental Condition ( GAEC) for Scotland has been developed to address the following four issues. It is based on a framework established in the European Legislation.
- soil erosion
- soil organic matter
- soil structure
- minimum level of maintenance
73. The GAEC measures for Scotland have been developed to reflect Scottish conditions and the wide variability of soils, habitats and farming systems found throughout Scotland. The following sections cover the measures that have been developed as a direct result of working closely with stakeholders from the environmental and land management sectors and the responses to the Consultation Exercise carried out in 2004.
74. These GAEC measures are mandatory and must be followed in order to comply with Cross Compliance.
75. Guidance which includes examples of good practice, has been developed to help you comply with these measures.
76. In all cases land subject to GAEC measures must be in a condition that will allow an inspector/auditor to undertake normal control activity ( e.g. measure the area and walk the land to identify features that should not be included).
77. It is still important to consult regulatory bodies, such as Scottish Natural Heritage ( SNH) Scottish Environment Protection Agency ( SEPA) or Historic Scotland where proposed operations or changes in your management regime are likely to have an impact on conservation, environmental or historical interests.
SOIL EROSIONGAEC 1 Post-harvest management of land
Measure
78. All cropped land over the following winter must, where soil conditions after harvest allow, have either crop cover, grass cover, stubble cover, ploughed surface or a roughly cultivated surface. Fine seedbeds must only be created very close to sowing.
Guidance
79. Crop cover, retention of stubbles or a roughly cultivated surface can significantly reduce the risk of erosion, siltation of drains and nutrient loss to burns and ditches.
80. A roughly cultivated surface is a surface created by the use of discs or tines (or equivalent machinery).
81. Winter is the period that begins on the day after harvest and ends on the last day of February in the following year.
82. Cultivating land and planting crops before the end of the winter period e.g. early potatoes is allowed under this measure, provided the prevailing agronomic or weather conditions and the condition of the soil are favourable.
GAEC 2 Wind erosion
Measure
83. In areas prone to wind erosion you must take steps to reduce the risk of soil loss in the spring by maintaining a crop cover, using coarse seedbeds, shelter belts, nurse crops, or take other appropriate measures that have an equivalent effect.
Guidance
84. You should apply all or some of these measures if there is a risk of soil erosion by the wind.
85. You should consider using minimum cultivation techniques and mulches. In addition, using a Cambridge roller instead of a flat roller could help to reduce windblow.
GAEC 3 Soil capping
Measure
86. On sites where capping is a problem you must form a coarse seedbed or break any cap that forms to avoid erosion.
Guidance
87. A capped surface is the result of soil particles running together when wet and drying out to form a crust. This is more likely in fine sandy and silty soils and results in water infiltration being reduced to the extent where there is an observable run-off, the formation of rills and gullies and/or soil deposition at the sides of fields, on roads or in watercourses and ditches.
88. As well as increasing the risk of erosion, capping can lead to poor crop establishment and reduced yields.
89. When the soil dries out the cap can be broken by light harrowing or the use of a Cambridge roller.
GAEC 4 Erosion caused by livestock
Measure
90. You should prevent the erosion of land and in particular banks of watercourses, at watering points and feeding areas from overgrazing, heavy trampling or heavy poaching by livestock.
91. Where erosion occurs, action should be taken to rectify the problem by anytime during the growing season in the calendar year that follows the date that the problem has occurred. This may involve, for example, reducing stock numbers or removing stock altogether for a period of time.
92. Where erosion is identified, a management regime to deal with the erosion must be approved by SEERAD and observed on the site in question.
93. This measure does not apply to areas that are within 10 metres of a gateway and 3 metres of farm tracks necessarily used during wet-periods.
Guidance
94. Areas of conservation interest should not be used for feeding sites.
95. Sacrificial feeding areas may be more desirable on improved grassland/arable land provided that the risk of soil erosion is very low.
96. When supplementary feeding outdoors, it is often preferable to rotate feeding sites and make sure feed rings are suitably positioned, in other words well away from water courses and not on ground sloping towards a watercourse.
97. Heavy poaching is the cutting up of turf to a significant degree from trampling by livestock.
98. Grazed forage cropped fields, e.g. stubble turnips or kale, that have been poached should be ploughed or sown as ground conditions allow.
99. On peaty soils this action will need to be taken earlier than on other soils due to the fragile nature and increased susceptibility of the soil to erosion.
100. Whilst the measure does not apply to areas within 10m of a gateway and 3m of farm tracks every effort should be made to minimise any effect of soil erosion. For example, in severe weather conditions, consideration should be given to the use of an alternative gateway.
GAEC 5 Maintenance of functional field drainage systems
Measure
101. You should maintain functional field drainage systems, including clearing ditches, unless environmental gain can be achieved by not maintaining field drainage systems.
102. Where environmental gain can be achieved this must be declared on the IACS return using the Field Data Sheet code PEM which stands for Positive Environmental Management.
Guidance
103. An example of environmental gain is the creation of wetland grazing areas.
104. The timing of maintenance should be considered so that you can minimise the impact on flora and fauna i.e. during late summer or early autumn.
105. Neglected ditches and ineffective drains can increase costs and lead to a greater risk of erosion and flooding.
106. Consideration should be given to clearing just one side of the ditch in any one growing season or leaving vegetation breaks within the ditch in order to maintain wildlife corridors.
107. The clearing of ditches will be subject to the Controlled Activities (Scotland) Regulations 2006. This provision on the desilting, dredging or clearing of watercourses is due to come into force in April 2006. Further details can be obtained from SEPA for which contact details are provided in paragraph 23 of this booklet.
GAEC 6 Muirburn Code
Measure
108. You need to follow the latest edition of the Muirburn Code.
Guidance
109. Compliance with the Muirburn Code including guidance on the statutory controls on Muirburn will help to avoid extensive erosion on steep sites through burning.
110. Periodic burning of heather and grass can be advantageous for agriculture and wildlife conservation but it can be dangerous to those involved and to others if it is not carried out correctly and responsibly. Protected species and habitats can be harmed significantly by improperly controlled muirburn. This may constitute a criminal offence.
111. Before burning we advise land managers to identify areas that are exempt from burning such as sites used for nesting by legally protected birds of prey; produce a plan of where and how burning will be carried out; and ensure that staff are adequately trained and that emergency plans are in place.
112. Some of the key points to help prevent erosion are listed below, however, you should consult the most recent edition of the Muirburn Code for the complete legal requirements and guidance. Copies of the Code are available from SEERAD and SNH local offices or from the Scottish Executive website at: www.scotland.gov.uk/library3/environment/mbcd-00.asp
113. Once all preparatory work has been completed, land mangers should:
- Avoid burning when it is too dry - when the moss and plant litter on the ground surface has completely dried out;
- Avoid burning uphill on steep slopes;
- Avoid burning on blanket bogs, in exposed areas or in areas with thin soils;
- Consult with SNH as necessary if protected species are present, if the land involved forms part of an SSSI, SPA or SAC or is close to a protected site.
SOIL ORGANIC MATTERGAEC 7 Arable crop rotation standards
Measure
114. On arable land:
- Use suitable break crops in an arable rotation; or
- Optimise the use of organic materials by basing the rate of application on soil and crop needs. Where you do not use break crops a record should be kept for 5 years of organic materials and the quantities applied to arable land.
Guidance
115. Maintaining soil organic matter in the topsoil influences its physical, chemical and biological properties, its ease of cultivation, its water retention capacity and the nutrients available to plants. If the levels of organic matter fall it can restrict the soil's ability to support plant growth. Land that is continually cropped may be at risk from the loss of soil organic matter. Adding animal manures, incorporating crop residues or sowing out in grass can increase the levels of organic matter.
116. Where organic manure is applied, the spreading rate should be matched to the nutrient requirement of the crop and the needs of the planned crop rotation.
117. Where straw is to be incorporated, it should be done evenly, and it should be chopped straw.
118. The PEPFAA code of good practice gives additional guidance on this measure.
GAEC 8 Arable stubble management
Measure
119. Incorporate livestock manures within 2 weeks after spreading on stubbles.
120. In areas prone to wind erosion, incorporation of livestock manures can be delayed.
Guidance
121. Well timed incorporation of livestock manures can help to maintain soil organic matter and guard against nutrient loss.
122. The PEPFAA code of good practice gives more guidance on the use of livestock manures.
SOIL STRUCTUREGAEC 9 Appropriate machinery use
Measure
123. Do not carry out any cultivations if water is standing on the surface or the soil is saturated.
Guidance
124. Cultivations in relation to this measure is defined as the preparation for planting or sowing.
125. This measure does not apply to the harvesting of crops in order to meet contractual deadlines, or where the quality of the produce would deteriorate if not lifted.
126. Saturation is indicated by the appearance of water from the soil when pressure is applied e.g. from the equivalent of a footprint.
127. By avoiding field cultivations in wet conditions erosion, compaction and rutting of the soil will be avoided. Minimise frequent vehicle movements over the same area of land, especially when soil conditions are wet. Consider the use of low ground pressure tyres, dual wheels or tracked vehicles to minimise soil compaction.
128. The PEPFAA code of good practice gives further guidance on protecting soil structure.
MINIMUM LEVEL OF MAINTENANCEGAEC 10 Undergrazing
Measure
129. Avoid undergrazing at a level where the growth of scrub or coarse vegetation is detrimental to the environmental or agricultural interest in the field.
130. Land will not be considered to be undergrazed provided it is capable of recovering by anytime during the growing season in the calendar year that follows the date that the problem first occurred.
131. Where undergrazing is identified, a management regime to be observed on that site must be approved by SEERAD.
Guidance
132. Undergrazing may be identified as allowing the growth, structure or species composition of grazed vegetation to significantly deteriorate through insufficient management.
133. Often the first sign of undergrazing on a pasture is the build up of dead plant litter. Later stages include the gradual appearance of shrubs and trees.
134. Land abandonment is not allowed under Cross Compliance. Many of the wildlife areas, birds and other animals in Scotland are dependent on grazing livestock, particularly cattle. Therefore you should continue to graze and/or cut your grass to avoid land being infested by weeds, scrub etc. to such an extent that it could be no longer be used for agricultural production.
135. If your stocking density decreases significantly then the land will be at a greater risk of under grazing. In this circumstance you should take remedial action or seek professional advice.
136. Biodiversity or other environmental gain may be achieved through the planned and managed encroachment of scrub and coarse vegetation.
137. It is important to consult SNH where any land affected by undergrazing forms part of an SSSI, SPA or SAC. Changes in stocking density in such areas may require SNH agreement and may affect payments due under management agreements. Support may be available for certain grazing regimes which are of conservation benefit.
GAEC 11 Overgrazing
Measure
138. Avoid overgrazing with livestock and other species in such numbers as to adversely affect the growth; structure; or species composition of vegetation on the land. The only exception to this is where vegetation is normally grazed to destruction to a significant degree ( i.e. land that is to be cultivated immediately after grazing by livestock, which remove the entire crop).
139. Land will not be considered to be overgrazed provided it is capable of recovering by anytime during the growing season in the following calendar year.
140. Where overgrazing is as a result of an unexpected and unpredictable incursion of wild deer or geese and it can be shown that appropriate action had been taken to deal with the problem (including for deer, taking advice from the Deer Commission for Scotland ( DCS)), then you will not be held accountable for overgrazing caused as a result of this infringement.
141. Where overgrazing is attributable to rabbits you will be expected to provide evidence of the use of available control methods.
142. Where overgrazing is identified, a management regime to be observed on that site must be approved by SEERAD.
Guidance
143. The common conditions indicating overgrazing are:
- Clear evidence due to grazing pressure that the growth, quality or species composition of the vegetation is deteriorating to a measurable extent e.g. signs of overgrazing include: vegetation chewed back to the previous year's growth or heavily trampled, absence of flowering, large bare patches of poached soil, a lack of regeneration or visible damage to trees and saplings in woods;
- Evidence of poor condition of the vegetation combined with evidence of poor animal condition;
- Over-reliance on supplementary feed.
144. Under Sections 10 and 11 of the Deer (Scotland) Act 1996 the Deer Commission for Scotland can issue an authorisation for the control of deer on hill land to prevent serious overgrazing, where DCS is satisfied that overgrazing is being caused by deer. Initially DCS can make a request in writing to the person(s) with the shooting rights on the land concerned. If that person is unable or unwilling to kill the deer, DCS can then authorise any competent person to do so.
145. Further information can be obtained from:
Deer Commission for Scotland
Knowsley
82 Fairfield Road
Inverness
IV3 5LH.Tel. 01463 231751
e-mail: enquiries@deercom.com
www.dcs.gov.uk
146. Overburning should be avoided by following the Muirburn Code.
147. It is important to consult SNH where any land affected by overgrazing forms part of an SSSI, SPA or SAC. Changes in stocking density in such areas may require SNH agreement and may affect payments due under management agreements. Support may be available for certain grazing regimes which are of conservation benefit.
148. Goose management schemes exist in a number of areas which are heavily used by geese. You should note that certain goose species are specially protected and must not be shot. All shooting is illegal out of season except under a licence granted by SEERAD.
GAEC 12 Ploughing pasture of a high environmental or archaeological value
Measure
149. Any proposal to plough up pasture of high environmental or archaeological value e.g. species-rich grassland, Machair habitats, pastoral woodland and heather moorland will require the consent of the relevant authority ( e.g.SNH for land in SSSIs, SPAs or SACs; SEERAD for land in an agri-environment agreement) or approval under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 ( SSI 2002/6).
Guidance
150. The Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 came into force on 4 February 2002. The aim of the regulations is to protect uncultivated or semi-natural areas where they are likely to be of particular environmental or cultural importance.
151. Further information and guidance on Environmental Impact Assessments can be obtained from your local SEERAD Area office or from the Scottish Executive website - www.scotland.gov.uk/about/ERADRA/LURP3/00016808/page835780516.aspx
152. It is a criminal offence to damage any natural feature designated as a SSSI, SPA or SAC. Unauthorised ploughing of a designated site may attract significant penalties over and above any Cross Compliance sanctions.
GAEC 13 Protection of rough grazings/semi natural areas
Measure
153. To ensure the protection of rough grazings and other semi-natural areas you must not undertake new drainage works, ploughing, clearing, levelling, re-seeding or cultivating unless approved under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 ( SSI 2002/6).
Guidance
154. Rough grazings and other semi-natural areas means land containing semi-natural vegetation, including heathland, heather moorland, bog, unimproved and rough grassland which is used or is suitable for grazing.
155. Ploughing, cultivating and re-seeding results in the natural vegetation being destroyed and replaced with sown grasses.
156. New drainage works and modification of existing drains cause lowering of the water table which results in the loss of wetland plant communities and their associated fauna.
157. In nearly all areas of deep peat, re-cutting moorland grips beyond what is needed for routine maintenance is also considered damaging and should not be carried out.
158. Further information and guidance on Environmental Impact Assessments can be obtained from your local SEERAD Area office or from the Scottish Executive website - www.scotland.gov.uk/about/ERADRA/LURP3/00016808/page835780516.aspx
159. It is important to consult SNH where the land in question forms part of an SSSI, SPA or SAC. SNH consent for certain operations may be required and it is a criminal offence to damage such sites without authorisation. Payments due under management agreements may also be affected.
GAEC 14 Application of lime and fertiliser on rough grazings/semi natural areas
Measure
160. To ensure the protection of rough grazings and other semi-natural areas, pesticides, lime or fertiliser must not be applied except in the situations specified below or as approved under the Environmental Impact Assessment (Uncultivated Land and Semi-Natural Areas) (Scotland) Regulations 2002 ( SSI 2002/6).
161. Exceptions are allowed in the following circumstances:
- Herbicides may be applied to control injurious weeds as defined in the Weeds Act 1959, and with the prior written approval of SEERAD for the control of other plants e.g. Japanese Knotweed and Giant Hogweed.
- For the control of bracken with Asulam or other approved herbicides; or
- The application of lime or fertiliser where no conservation damage will result e.g. holding fields adjacent to hill livestock pens.
Guidance
162. The Weeds Act 1959 applies to the following injurious weeds: spear thistle, creeping or field thistle, curled dock, broadleaved dock and ragwort.
163. SEPA should be consulted if it is intended to use a pesticide in or near a watercourse.
164. The PEPFAA code of good practice gives guidance on pesticide and fertiliser use.
165. Further information and guidance on Environmental Impact Assessments can be obtained from your local SEERAD Area office or from the Scottish Executive website -www.scotland.gov.uk/about/ERADRA/LURP3/00016808/page83580516.aspx
GAEC 15 Field boundaries
Measure
166. You must not damage, nor without the prior written agreement of SEERAD and/or other statutory bodies remove or destroy any of the following boundary features: drystane or flagstone dykes, turf and stone-faced banks, walls, hedges and hedgerow trees, boundary trees and watercourses.
167. No hedge trimming is permitted between 1 March and 31 July except for roadside hedge trimming required in the interest of road safety.
168. Written approval is not required where you propose to widen field entrances to enable access for livestock or farm machinery.
Guidelines
169. Traditional field boundaries provide valuable shelter for stock, nesting cover for birds and a variety of habitats and food for wildlife. They are significant features in the landscape and the older boundaries may form part of ancient enclosure patterns of archaeological or historical interest.
170. Examples of potentially damaging activities are:
- The use of machinery, including cultivations, the application of fertilisers or pesticides, or the storage of materials including livestock manures or straw or silage bales, on or within 2 metres of field margins or the base of hedges or dykes or the banks of watercourses.
- The canalisation or culverting of watercourses. This type of activity will be regulated by SEPA under the Controlled Activities (Scotland) Regulations 2006, this provision is due to come into force in April 2006.
- The cutting of bankside vegetation between 1 March and 31 July except to control injurious weeds (as defined in the Weeds Act 1959) as well as Bracken, Japanese Knotweed and Giant Hogweed.
- The use of trees as straining posts.
GAEC 16 Non-productive landscape features
Measure
171. You must avoid the deterioration of non-productive landscape features which are part of the agricultural unit, such as shelter belts, copses and ponds.
172. Deterioration is defined as:
- Not maintaining functional stockproof fences around shelter belts and copses.
- Severe poaching where feeding and/or other husbandry practices of livestock occur in copses and shelterbelts. Land will not be considered to be severely poached if it can recover to the extent that there is no longer a predominately muddy surface by anytime during the growing season in the following calendar year.
- Failure to maintain ponds on the holding e.g. eutrophication, drainage.
Guidelines
173. These features should be protected from damaging activities such as drainage or felling (except where this is the subject of specific consent by SEERAD or the appropriate regulatory authority, in particular the Forestry Commission for felling licences). Land managers should take reasonable positive action to prevent these features from deteriorating.
174. Severe poaching is defined as the cutting up of turf by the trampling of livestock to the destruction of the underlying vegetation leading to a predominantly muddy surface.
GAEC 17 Historic features
Measure
175. You must avoid altering, damaging or destroying protected elements of the historic environment. These elements are scheduled monuments, listed buildings and sites included in the Inventory of Historic Gardens and Designed Landscapes.
176. Monuments of national importance are scheduled under the Ancient Monuments and Archaeological Areas Act 1979. No works affecting such monuments may be carried out or permitted without the prior written consent of the Scottish Ministers (known as Scheduled Monument Consent ( SMC)).
177. Building of special architectural or historic interest are listed under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997. The alteration or demolition of such buildings requires Listed Building Consent ( LBC) from the local planning authority.
Guidance
178. Information regarding protected elements of the historic environment is available from several sources:
179. Pastmap provides online data on the location of scheduled monuments, listed buildings and Inventory sites. For detailed information about specific monuments, buildings and sites, owners should contact their local authority in the first instance. Your local authority will be able to put you in touch with their conservation and archaeology services.
180. Historic Scotland can be contacted at:
Historic Scotland
Longmore House
Salisbury Place
Edinburgh, EH9 1SHTel: 0131 668 8777
e-mail: hs.farming@scotland.gsi.gov.uk
www.historic-scotland.gov.uk
181. Sites included in the Inventory of Historic Gardens and Designed Landscapes are also protected. Developments affecting such sites may require special consideration in the planning process. Copies of the Inventory can be consulted at main public libraries, local SNH offices or SEERAD offices.
GAEC 18 Encroachment of unwanted vegetation
Measure
182. You must avoid the encroachment of unwanted vegetation which degrades the agricultural and environmental value of the land to the extent that the land is not capable of returning to agricultural production by any time during the growing season in the following calendar year.
183. Taking the above into account, the encroachment of native species is allowed in the following instances:
- recolonisation of trees across the boundary line from native woodland.
- recolonisation of scrub species such as gorse, birch and juniper as part of a mosaic of habitats.
- reversion of land to wet grassland or wetland.
184. Where environmental gain is to be achieved this must be declared on the IACS return using the data sheet code for Positive Environmental Management ( PEM).
Guidance
185. Through appropriate grazing, topping or other permissible methods of control land managers can prevent the severe encroachment of unwanted vegetation which is both agriculturally and environmentally degrading including rhododendron, bracken, weeds covered by the Weeds Act 1959, Japanese Knotweed, Giant Hogweed and Himalayan Balsam.
186. Patterns of ecological succession will be regarded as consistent with Good Agricultural and Environmental Condition provided that:
- They are consistent with maintaining the ecological status of protected areas ( e.g.SSSIs, SPAs and SACs).
- The growth of scrub is easily reversible through regular cutting, use of approved herbicides or grazing.
Non-compliance
187. If the Statutory Management Requirements or Good Agricultural and Environmental Conditions are not complied with your Single Farm Payment and other direct payments can be reduced.
188. Any reduction will be applied to the overall amount of direct payments that have been or will be granted following the submission of an aid application in the calendar year that the non-compliance was found.
189. If you negligently fail to comply with a Cross Compliance requirement, your overall direct payments will generally be reduced by 3%, but this reduction can be reduced to 1% or increased to 5% depending on the seriousness of the breach.
190. In cases of intentional non-compliance, your overall direct payments will generally be reduced by 20% but this reduction can be reduced to 15% or increased to 100%. Intentional non-compliance may even result in exclusion from that scheme in the following calendar year.
191. In some circumstances, farmers may not be penalised for very minor or technical infringements of Cross Compliance rules.
192. Detailed guidance on penalties can be found in Part B.
Inspections and Enforcement
193. Many Cross Compliance requirements are based on existing legislation and practices for which inspection arrangements are already in place. Where possible, SEERAD will co-ordinate inspections with other enforcement bodies such as the Scottish Environment Protection Agency ( SEPA), Scottish Natural Heritage ( SNH) and the State Veterinary Service ( SVS).
194. In some circumstances administrative checks may be used to identify non-compliance. An example of the type of check that may be undertaken would involve the cross-checking of information held by the British Cattle Movement Service ( BCMS) to identify breaches of the Animal Identification and Registration requirements.
195. If you don't make claims under any of the direct payment schemes, although you are not required to comply with GAEC, you are still obliged to meet the existing EU requirements under the SMRs.
196. You should note that you are still bound by all other environmental and animal health and welfare laws. You may still be prosecuted in the criminal courts for breaching the SMRs, if the breach would be a criminal offence. In addition, if you have an Agri-Environment Agreement, you are still obliged to meet all the standards of Good Farming Practice and the General Environmental Conditions. The explanatory booklets for these schemes contain full details of these requirements.
197. The inspection types that can be carried out at farm level are:
Inspection
Type | Minimum sample requirement | What will be checked? | What if I don't claim under a direct payment scheme? | If I claim can it affect my payments? |
|---|
Cross
Compliance | 1% | Cross Compliance standards check; SMR + GAEC (will include a cattle, sheep and pig identification inspection) | This does not remove the obligation to meet the existing EU requirements under the SMR's | Yes |
Single Farm Payment | 5% | SFP eligibility check | You will not be inspected | Yes |
Cattle Identification Inspection | 10% | Check of all cattle and records against CTS | All cattle keepers can be inspected | Yes, SMR requirement |
Sheep Identification Inspection | 5% provisional | Count of all sheep, check of tags and records | All sheep keepers can be inspected | Yes, SMR requirement |
LFASS and Agri- environment schemes | 5% | Land and Good Farming Practice and General Environmental Conditions | You must submit an LFASS claim on your SAF or hold an agri-environment agreement | Yes, if you breach SMRs |
Further information
198. Your SEERAD area office is the first point of contact for guidance on Cross Compliance rules. Contact details are listed at Annex 14. For general information you can access the SEERAD website at www.scotland.gov.uk/Topics/Agriculture
199. Guidance on some of the SMRs is produced by the enforcement agencies including SNH and SEPA. Information on Cross Compliance and SNH management agreements is available at: http://www.scotland.gov.uk/library5/environment/fgsssi-00.asp
200. The relevant EC regulations can be obtained from the European Union website at www.europa.eu.int/eur-lex/en/index.html . The relevant domestic law provisions can be obtained from Her Majesty's Stationery Office website www.hmso.gov.uk or by telephone 0870 600 5522.