Basic Payment Scheme Update August 2014 August 2014 | Page 9

Areas with catch crops or green cover
The delegated Act states that these areas must be established by sowing a mixture of crop species or by under
sowing grass. DEFRA is yet to finalise the list of species mixtures and the period for sowing. One possible approach
DEFRA may take is for the crop to be established by 31st August and retained until 1st October after which the
winter crop must then be established. Cover crops may have to be established by 1st October, retained until 15th
January in the following year and then destroyed by the 15th February for spring crop preparation.
Nitrogen fixing crops (NFCs)
Qualifying NFCs should be crops that contribute to the objective of improving biodiversity, DEFRA is currently
working on producing a definitive list of these. Examples of crops which are likely to be included in the list are
beans, peas, mangetout, pure strands of clover, vetches, Lucerne etc. NFCs are likely to be measured on the
basis of field area rather than the cropped area for the purpose of EFAs. NFCs can also be used to meet Crop
Diversification requirements.
Hedges
The specification of a compliant hedge is likely to be based on the definition already in place for cross compliance:
“a continuous length of at least 20 metres, or is part of any such length, or a continuous length of less than 20
metres where it meets (at an intersection or junction) another hedgerow at each end”
If a hedge adjoins two arable parcels in different land ownership or occupation double-counting must not occur,
therefore it needs to be established who has the hedge ‘at their disposal’ with disputes inevitably causing delays.
If using hedges for EFAs, all hedges on your holding must be mapped on the CAP Information Service maps, not
just the ones being used for EFA. DEFRA are suggesting that claimants using hedges for their EFA may face delays
in receiving their payment.

‘GREENING’ REDUCTIONS/PENALTIES
If a claimant does not deliver any EFAs they will lose 50% of their ‘Greening’ payment relating to their arable
land. This would increase to 100% should they not comply for 3 years. If they only meet part of the EFAs, a
proportionate reduction will be applied. The same approach applies to ‘Crop Diversification’.
In addition to the reduction in payment, penalties may also be applied based on the scale of non-compliance.
However it is understood these penalties are unlikely to apply to the 2015 and 2016 claim years.
Careful planning must be undertaken when looking at splitting out partnerships, selling / buying land, end of
tenancy matters and other business based decisions as this could change a compliant claimant into one who is
then in breach of ‘Greening’. Therefore careful consideration should be made as to the timing and consequences
of such transactions, with advice sought at an early stage.

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