Cross Compliance Notes for Guidance - Update

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Set-aside - Update

Rural Payments and Inspections Directorate
Common Agricultural Policy Payments Division
T: 0131-244 - 4488
F: 0131-244 -8161
E: IACSmailbox@scotland.gsi.gov.uk

Set-aside - Update

The European Commission has announced that the compulsory set-aside rate for 2008 will be 0%. This is due not only to the low level of stocks of cereals (both at Community and world level) and the subsequent high prices during 2007, but also to concern over maintaining the level of future stocks of cereals.

The mechanism chosen by the Commission to facilitate this is a derogation to Article 54(3) of Regulation ( EC) No 1782/2003. The derogation allows the use of set-aside land for agricultural purposes during 2008.

This update seeks to answer some of the common questions over the use of set-aside land and set-aside entitlements in 2008.

Q1. Can I grow crops on land I am claiming for set-aside entitlements in 2008?

A. Yes. All crops eligible for Single Farm Payment can be grown on set-aside eligible land and claimed against set-aside entitlements in 2008. This includes forage crops (including grazing) as well as arable crops.

Q2. Can I claim set-aside entitlements against any land which I farm and still be paid?

A. No. To receive payments on land claimed against set-aside entitlements that land must be eligible for set-aside. If in any doubt about the eligibility of land parcels, please contact your Area Office.

Q3. Does this change the way I claim my set-aside entitlements?

A. No. As in previous years you must declare a hectare of set-aside eligible land for every set-aside entitlement you hold or your payments will be reduced. You will still indicate the land parcels against which you are claiming your set-aside entitlements on the Field Data Sheet(s) of your Single Application Form 2008 using the relevant codes. The only change will be that you will use different codes where agricultural production is taking place, these codes will be detailed on the guidance which issues with the SAF 2008 forms.

Q4. Can I still manage land as set-aside if I want to?

A. Yes. The European Commission has set the compulsory rate of set-aside to 0%, however you can still manage land as set-aside voluntarily and receive payment for the set-aside entitlements claimed against it. The management options which existed in previous years can still be used.

Q5. If I do manage land as set-aside, do the existing management rules still apply?

A. Yes. The set-aside period will be 15 January 2008 to 31 August 2008, and the previous management rules, for example compulsory cutting, will still apply if you set-aside land voluntarily.

Q6. Does the above mean I can still have Structural set-aside?

A. Yes. Structural set-aside can be claimed as before.

Q7. What about Non-Food set-aside?

A. As the answers to Q4, Q5 and Q6 indicate, set-aside continues for 2008 on a voluntary basis. If you wish to declare land as Non-Food set-aside you can do so. The rules and restrictions (including contracts) regarding non-food set-aside continue as before. Contact your area office if you wish more information.

Q8. Can I claim Energy Crops Scheme on land I will declare against my set-aside entitlements?

A. No. There is no derogation to the part of the Regulation which states that Energy Crop Scheme cannot be claimed on land that is used to claim set-aside entitlements.

Q9. Can I claim Protein Crop Premium on land I will declare against my set-aside entitlements?

A. Yes. As long as eligible protein crops are grown which are not intended for human consumption.

Q10. Does this mean set-aside is finished?

A. The derogation to allow agricultural production on set-aside land is only for 2008. The European Commission will be looking at the future of set-aside during the Common Agricultural Policy Health Check which takes place in 2008. As part of this review process the important environmental benefits which have resulted from managing land as set-aside in previous years will be considered. Scottish Government officials have already met with environmental and industry stake holders to ensure their views are represented.

Page updated: Tuesday, November 06, 2007