The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

Regulation 2(1)

SCHEDULE 1The SCMO Regulations

• Regulation (EEC) No. 100/72 of the Commission laying down detailed rules on the denaturing of sugar for animal feed(1)

• Commission Regulation (EEC) No. 1361/76 laying down certain detailed rules for applying the export refund on rice and on mixtures of rice(2)

• Commission Regulation (EEC) No. 189/77 laying down detailed rules for the application of the system of minimum stocks in the sugar sector(3)

• Commission Regulation (EEC) No. 1842/81 laying down detailed rules for implementing Regulation (EEC) No. 1188/81 relating to general rules for granting refunds adjusted in the case of cereals exported in the form of certain spirituous beverages(4)

• Commission Regulation (EEC) No. 2180/81 laying down rules implementing restrictions on investment aids for pig production(5)

• Commission Regulation (EEC) No. 3423/81 on communication by the Member States of data concerning exports of cereal and rice products as food aid(6)

• Commission Regulation (EEC) No. 3556/87 laying down additional detailed rules for the application of the system of advance-fixing certificates in the case of certain cereal sector products exported in the form of pasta falling within subheadings 19021100 and 190219 of the combined nomenclature(7)

• Commission Regulation (EEC) No. 3164/89 laying down detailed rules for the application of special measures in respect of hemp seed(8)

• Commission Regulation (EC) No. 3330/94 on the tariff classification of certain poultry cuts and amending Regulation (EEC) No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff(9)

• Commission Regulation (EC) No. 1439/95 laying down detailed rules for the application of Council Regulation (EEC) No. 3013/89 as regards the import and export of products in the sheepmeat and goatmeat sector(10)

• Commission Regulation (EC) No. 1517/95 laying down detailed rules for the application of Regulation (EEC) No. 1766/92 as regards the arrangements for the export and import of compound feedingstuffs based on cereals and amending Regulation (EC) No. 1162/95 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(11)

• Commission Regulation (EC) No. 2810/95 on the tariff classification of pig carcases and half-carcases and amending Council Regulation (EEC) No. 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff(12)

• Commission Regulation (EC) No. 440/96 opening and providing for the administration of Community tariff quotas for certain mixtures of malt sprouts and barley screenings(13)

• Commission Regulation (EC) No. 1831/96 opening and providing for the administration of Community tariff quotas bound under GATT for certain fruit and vegetables and processed fruit and vegetable products from 1996(14)

• Commission Regulation (EC) No. 2390/98 laying down detailed rules for the application of Council Regulation (EC) No. 1706/98 as regards the arrangements for importing certain cereal substitute products and processed cereal and rice products originating in the African, Caribbean and Pacific States or in the overseas countries and territories and repealing Regulation (EEC) No. 2245/90(15)

• Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97(16)

• Commission Regulation (EC) No. 1825/2000 laying down detailed rules for the application of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products(17)

• Commission Regulation (EC) No. 1488/2001 laying down rules for the application of Council Regulation (EC) No. 3448/93 as regards the placement of certain quantities of certain basic products listed in Annex I to the Treaty establishing the European Community under the inward processing arrangements without prior examination of the economic conditions(18)

• Commission Regulation (EC) No. 2133/2001 opening and providing for the administration of certain Community tariff quotas and tariff ceilings in the cereals sector etc(19)

• Commission Regulation (EC) No. 2298/2001 laying down detailed rules for the export of products supplied as food aid(20)

• Commission Regulation (EC) No. 2535/2001 laying down detailed rules for applying Council Regulation (EC) No. 1255/1999 as regards the import arrangements for milk and milk products and opening tariff quotas(21)

• Commission Regulation (EC) No. 315/2002 on the survey of prices of fresh or chilled sheep carcasses on representative markets in the Community(22)

• Commission Regulation (EC) No. 2004/2002 relating to the procedure for determining the meat and fat content of certain pigmeat products(23)

• Commission Regulation (EC) No. 546/2003 on certain notifications regarding the application of Council Regulations (EEC) No. 2771/75, (EEC) No. 2777/75 and (EEC) No. 2783/75 in the eggs and poultrymeat sectors(24)

• Commission Regulation (EC) No. 1082/2003 laying down detailed rules for the implementation of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards the minimum level of controls to be carried out in the framework of the system for the identification and registration of bovine animals(25)

• Commission Regulation (EC) No. 1342/2003 laying down special detailed rules for the application of the system of import and export licences for cereals and rice(26)

• Commission Regulation (EC) No. 2305/2003 opening and providing for the administration of a Community tariff quota for imports of barley from third countries(27)

• Commission Regulation (EC) No. 2336/2003 introducing certain detailed rules for applying Council Regulation (EC) No. 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin(28)

• Commission Regulation (EC) No. 595/2004 laying down detailed rules for applying Council Regulation (EC) No. 1788/2003 establishing a levy in the milk and milk products sector(29)

• Commission Regulation (EC) No. 917/2004 on detailed rules to implement Council Regulation (EC) No. 797/2004 on measures improving general conditions for the production and marketing of apiculture products(30)

• Commission Regulation (EC) No. 1345/2005 laying down detailed rules for the application of the system of import licences for olive oil(31)

• Commission Regulation (EC) No. 1993/2005 on the adjustment of the export refunds on malt under Article 15(4) of Council Regulation (EC) No. 1784/2003(32)

• Commission Regulation (EC) No. 937/2006 opening and providing for the administration of a Community tariff quota of corn gluten originating in the United States of America(33)

• Commission Regulation (EC) No. 952/2006 laying down detailed rules for the application of Council Regulation (EC) No. 318/2006 as regards the management of the Community market in sugar and the quota system(34)

• Commission Regulation (EC) No. 967/2006 laying down detailed rules for the application of Council Regulation (EC) No. 318/2006 as regards sugar production in excess of the quota(35)

• Commission Regulation (EC) No. 969/2006 opening and providing for the administration of a Community tariff quota for imports of maize from third countries(36)

• Commission Regulation (EC) No. 972/2006 laying down special rules for imports of Basmati rice and a transitional control system for determining their origin(37)

• Commission Regulation (EC) No. 1301/2006 of 31 August 2006 laying down common rules for the administration of import tariff quotas for agricultural products managed by a system of import licences(38)

• Commission Regulation (EC) No. 1505/2006 implementing Council Regulation (EC) No. 21/2004 as regards the minimum level of checks to be carried out in relation to the identification and registration of ovine and caprine animals(39)

• Commission Regulation (EC) No. 1557/2006 laying down detailed rules for implementing Council Regulation (EC) No. 1952/2005 as regards registration of contracts and the communicaiton of data concerning hops(40)

• Commission Regulation (EC) No. 1643/2006 laying down detailed rules for the application of granting of assistance for the export of beef and veal products which may benefit from a special import treatment in a third country(41)

• Commission Regulation (EC) No. 1670/2006 laying down certain detailed rules for the application of Council Regulation (EC) No. 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks(42)

• Commission Regulation (EC) No. 1731/2006 on special detailed rules for the application of export refunds in the case of certain preserved beef and veal products(43)

• Commission Regulation (EC) No. 1741/2006 laying down the conditions for granting the special export refund on boned meat of adult male bovine animals placed under the customs warehousing procedure prior to export(44)

• Commission Regulation (EC) No. 1850/2006 laying down detailed rules for the certification of hops and hop products(45)

• Commission Regulation (EC) No. 1918/2006 opening and providing for the administration of tariff quota for olive oil originating in Tunisia(46)

• Commission Regulation (EC) No. 1964/2006 laying down detailed rules for the opening and administration of an import quota for rice originating in Bangladesh, pursuant to Council Regulation (EEC) No. 3491/90(47)

• Commission Regulation (EC) No. 1979/2006 opening and providing for the administration of tariff quotas for preserved mushrooms imported from third countries(48)

• Commission Regulation (EC) No. 88/2007 laying down special detailed rules for the application of the system of export refunds on cereals exported in the form of pasta products falling within CN codes 19021100 and 190219(49)

• Commission Regulation (EC) No. 341/2007 opening and providing for the administration of tariff quotas and introducing a system of import licences and certificates of origin for garlic and certain other agricultural products imported from third countries(50)

• Commission Regulation (EC) No. 433/2007 laying down the conditions for granting special export refunds for beef and veal(51)

• Commission Regulation (EC) No. 445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products(52)

• Commission Regulation (EC) No. 504/2007 laying down detailed rules for the application of the arrangements for additional import duties in the milk and milk products sector(53)

• Commission Regulation (EC) No. 533/2007 opening and providing for the administration of tariff quotas in the poultrymeat sector(54)

• Commission Regulation (EC) No. 536/2007 opening and providing for the administration of a tariff quota for poultrymeat allocated to the United States of America(55)

• Commission Regulation (EC) No. 539/2007 opening and providing for the administration of tariff quotas in the egg sector and for egg albumin(56)

• Commission Regulation (EC) No. 616/2007 opening and providing for the administration of Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries(57)

• Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products(58)

• Commission Regulation (EC) No. 1299/2007 on the recognition of producer groups for hops(59)

• Commission Regulation (EC) No. 1359/2007 laying down the conditions for granting special export refunds on certain cuts of boned meat of bovine animals(60)

• Commission Regulation (EC) No. 1375/2007 on imports of residues from the manufacture of starch from maize from the United States of America(61)

• Commission Regulation (EC) No. 1384/2007 laying down detailed rules for the application of Council Regulation (EC) No. 2398/96 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Israel(62)

• Commission Regulation (EC) No. 1385/2007 laying down detailed rules for the application of Council Regulation (EC) No. 774/94 as regards opening and providing for the administration of certain Community tariff quotas for poultrymeat(63)

• Commission Regulation (EC) No. 1454/2007 laying down common rules for establishing a tender procedure for fixing export refunds for certain agricultural products(64)

• Council Regulation (EC) No 3/2008 on information provision and promotion measures for agricultural products on the internal market and in third countries(65)

• Commission Regulation (EC) No. 133/2008 on imports of pure-bred breeding animals of the bovine species from the third countries and the granting of export refunds thereon(66)

• Commission Regulation (EC) No. 273/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1255/1999 as regards methods for the analysis and quality evaluation of milk and milk products(67)

• Commission Regulation (EC) No. 376/2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products(68)

• Commission Regulation (EC) No. 382/2008 on rules of application for import and export licences in the beef and veal sector(69)

• Commission Regulation (EC) No. 412/2008 opening and providing for the administration of an import tariff quota for frozen beef intended for processing(70)

• Commission Regulation (EC) No. 431/2008 opening and providing for the administration of an import tariff quota for frozen meat of bovine animals covered by CN code 0202 and products covered by CN code 02062991(71)

• Commission Regulation (EC) No. 507/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre(72)

• Commission Regulation (EC) No. 508/2008 on the definition, applicable to the granting of export refunds, of hulled grains and pearled grains of cereals(73)

• Commission Regulation (EC) No. 543/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing standards for poultrymeat(74)

• Commission Regulation (EC) No. 566/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less(75)

• Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs(76)

• Commission Regulation (EC) No. 617/2008 laying down detailed rules for implementing Regulation (EC) No. 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks(77)

• Commission Regulation (EC) No. 657/2008 laying down detailed rules for applying Council Regulation (EC) No. 1234/2007 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments(78)

• Commission Regulation (EC) No. 748/2008 on the opening and administration of an import tariff quota for frozen thin skirt of bovine animals falling within CN code 02062991(79)

• Commission Regulation (EC) No. 826/2008 laying down common rules for the granting of private storage aid for certain agricultural products(80)

• Commission Regulation (EC) No. 903/2008 on special conditions for granting export refunds on certain pigmeat products(81)

• Commission Regulation (EC) No. 951/2008 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty(82)

• Commission Regulation (EC) No. 1041/2008 laying down certain detailed rules for granting of assistance for the export of beef and veal which may benefit from a special import treatment in Canada(83)

• Commission Regulation (EC) No. 1067/2008 opening and providing for the administration of Community tariff quotas for common wheat of a quality other than high quality from third countries and derogating from Council Regulation (EC) No 1234/2007(84)

• Commission Regulation (EC) No. 1249/2008 laying down detailed rules on the implementation of the Community scales for the classification of beef, pig and sheep carcases and the reporting of prices thereof(85)

• Commission Regulation (EC) No. 1276/2008 on the monitoring by physical checks of exports of agricultural products receiving refunds or other amounts(86)

• Commission Regulation (EC) No. 1295/2008 on the importation of hops from third countries(87)

• Commission Regulation (EC) No. 1312/2008 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing(88)

• Commission Regulation (EC) No. 147/2009 of 20 February 2009 on defining the destination zones for exports refunds, export levies and certain export licences for cereals and rice(89)

• Commission Regulation (EC) No. 296/2009 on detailed rules for administrative assistance with the exportation of certain cheeses subject to quota restrictions that qualifies for special treatment on importation into the United States of America(90)

• Commission Regulation (EC) No. 388/2009 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the import and export system for products processed from cereals and rice(91)

• Commission Regulation (EC) No. 437/2009 opening and providing for the administration of a Community import tariff quota for young male bovine animals for fattening(92)

• Commission Regulation (EC) No. 438/2009 opening and providing for the administration of Community tariff quotas for bulls, cows and heifers other than for slaughter of certain Alpine and mountain breeds(93)

• Commission Regulation (EC) No. 442/2009 opening and providing for the administration of Community tariff quotas in the pigmeat sector(94)

• Commission Regulation (EC) No. 610/2009 laying down detailed rules for the application of the tariff quota for beef and veal originating in Chile(95)

• Commission Regulation (EC) No. 612/2009 on laying down common detailed rules for the application of the system of export refunds on agricultural products(96)

• Commission Regulation (EC) No. 828/2009 laying down detailed rules of application for the marketing years 2009/2010 to 2014/2015 for the import and refining of sugar products of tariff heading 1701 under preferential agreements(97)

• Commission Regulation (EC) No. 891/2009 opening and providing for the administration of certain Community tariff quotas in the sugar sector(98)

• Commission Regulation (EC) No. 933/2009 laying down detailed rules for the application of Council Regulation (EC) No 779/98 as regards opening and providing for the administration of certain quotas for imports into the Community of poultrymeat products originating in Turkey(99)

• Commission Regulation (EC) No. 1064/2009 opening and providing for the administration of a Community import tariff quota for malting barley from third countries(100)

• Commission Regulation (EC) No. 1130/2009 laying down common detailed rules for verifying the use and/or destination of products from intervention(101)

• Commission Regulation (EC) No. 1187/2009 laying down special detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards export licences and export refunds for milk and milk products(102)

• Commission Regulation (EU) No. 1272/2009 laying down common detailed rules for the implementation of Council Regulation (EC) No. 1234/2007 as regards buying-in and selling of agricultural products under public intervention(103)

• Commission Regulation (EU) No. 234/2010 laying down certain detailed rules for the application of Council Regulation (EC) No. 1234/2007 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals(104)

• Commission Regulation (EU) No. 479/2010 laying down rules for the implementation of Council Regulation (EC) No 1234/2007 as regards Member States’ notifications to the Commission in the milk and milk products sector(105)

• Commission Regulation (EU) No. 578/2010 on the implementation of Council Regulation (EC) No. 1216/2009 as regards the system of granting export refunds for certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds(106)

• Commission Regulation (EU) No. 642/2010 on rules of application (cereal sector import duties) for Council Regulation (EC) No. 1234/2007(107)

• Commission Regulation (EU) No. 817/2010 laying down detailed rules pursuant to Council Regulation (EC) No. 1234/2007 as regards requirements for the granting of export refunds related to the welfare of live bovine animals during transport(108)

• Commission Regulation (EU) No. 1085/2010 opening and providing for the administration of certain annual tariff quotas for importing sweet potatoes, manioc, manioc starch and other products falling within CN codes 0714 90 11 and 0714 90 19 and amending Regulation (EU) No. 1000/2010(109)

• Commission Regulation (EU) No. 1178/2010 laying down detailed rules for implementing the system of export licences in the egg sector(110)

• Commission Regulation (EU) No. 1255/2010 laying down detailed rules for the application of the import tariff quotas for ‘baby beef’ products originating in Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Montenegro and Serbia(111)

• Commission Regulation (EU) No. 90/2011 of 3 February 211 laying down detailed rules for implementing the system of export licences in the poultrymeat sector(112)

• Commission Implementing Regulation (EU) No. 543/2011 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(113)

• Commission Implementing Regulation (EU) No. 789/2011 opening the procedure for the allocation of export licences for cheese to be exported to the United States of America in 2012 under certain GATT quotas(114)

• Commission Implementing Regulation (EU) No. 1273/2011 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice(115)

• Commission Implementing Regulation (EU) No. 1288/2011 on the notification of wholesale prices for bananas within the common organisation of agricultural markets(116)

• Commission Implementing Regulation (EU) No. 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector(117)

• Commission Implementing Regulation (EU) No. 1354/2011 opening annual Union tariff quotas for sheep, goats, sheepmeat and goatmeat(118)

• Commission Implementing Regulation (EU) No. 480/2012 opening and providing for the management of a tariff quota for broken rice of CN code 10064000 for production of food preparations of CN code 19011000(119)

• Commission Implementing Regulation (EU) No. 481/2012 laying down rules for the management of a tariff quota for high-quality beef(120)

• Commission Implementing Regulation (EU) No. 511/2012 on notifications concerning producer and interbranch organisations and contractual negotiations and relations provided for in Council Regulation (EC) No. 1234/2007 in the milk and milk products sector(121)

• Commission Delegated Regulation (EU) No. 880/2012 supplementing Council Regulation (EC) No. 1234/2007 as regards transnational cooperation and contractual negotiations of producer organisations in the milk and milk products sector(122)

• Commission Implementing Regulation (EU) No. 1223/2012 laying down detailed rules for the application of an import tariff quota for live bovine animals of a weight exceeding 160 kg and originating in Switzerland provided for in the Agreement between the European Community and the Swiss Confederation on trade in agricultural products (123)

• Commission Implementing Regulation (EU) No. 82/2013 laying down detailed rules for the application of an import tariff quota of dried boneless beef originating in Switzerland(124)

• Commission Implementing Regulation (EU) No. 456/2013 laying down transitional measures as regards milk import quotas under Regulation (EC) No. 2535/2001, and beef import quotas under Regulations (EC) No. 412/2008 and (EC) No. 431/2008, by reason of the accession of Croatia to the European Union(125)

• Commission Implementing Regulation (EU) No. 457/2013 derogating from Regulations (EC) No. 412/2008 and (EC) No. 431/2008 as regards beef import quotas for the period running from 1 July 2013 to 30 June 2014(126)

• Commission Implementing Regulation (EU) No. 593/2013 opening and providing for the administration of tariff quotas for high-quality fresh, chilled and frozen beef and for frozen buffalo meat(127)

• Commission Implementing Regulation (EU) No. 807/2013 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the survey of prices of certain bovine animals on representative Union markets(128)

• Regulation (EU) No. 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products(129)

• Council Regulation (EU) No. 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products(130)

• Commission Implementing Regulation (EU) No. 1373/2013 laying down detailed rules for implementing the system of export licences in the pigmeat sector(131)

• Commission Implementing Regulation (EU) No. 266/2014 on the division between deliveries and direct sales of national milk quotas fixed for 2013/2014 in Annex IX to Council Regulation (EC) No. 1234/2007(132)

• Commission Implementing Regulation (EU) No. 411/2014 opening and providing for the administration of a Union import tariff quota for fresh and frozen beef and veal originating in Ukraine(133)

• Commission Implementing Regulation (EU) No. 412/2014 opening and providing for the administration of Union import tariff quotas for eggs, egg products and albumins originating in Ukraine(134)

• Commission Implementing Regulation (EU) No. 413/2014 opening and providing for the administration of Union import tariff quotas for poultrymeat originating in Ukraine(135)

• Commission Implementing Regulation (EU) No. 414/2014 opening and providing for the administration of Union import tariff quotas for fresh and frozen pigmeat originating in Ukraine(136)

• Commission Implementing Regulation (EU) No. 416/2014 opening and providing for the administration of import tariff quotas for certain cereals originating in Ukraine(137)

• Regulation (EU) No. 510/2014 of the European Parliament and of the Council laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products etc(138)

• Commission Implementing Regulation (EU) No. 776/2014 fixing the quantitative limit for exports of out-of-quota sugar and isoglucose until the end of the 2014/2015 marketing year(139)

• Commission Implementing Regulation (EU) No. 1033/2014 fixing the representative prices and additional import duties applicable to molasses in the sugar sector from 1 October 2014(140)

Regulation 18(1)

SCHEDULE 2Standards for Good Agricultural and Environmental Condition

Interpretation

1.  In this Schedule—

“beneficiary” means a beneficiary to whom Article 91 of the Horizontal Regulation applies;

“earth bank” means a mound, without a hedgerow, which is distinct from the surrounding land form, is or was once used as a boundary and has—

“hedgerow” means, except as otherwise provided in paragraph 5(1)(b), a hedgerow to which the Hedgerows Regulations 1997(141) apply;

“holding” has the meaning given by Article 91(3)(a) of the Horizontal Regulation;

“land” means land on a holding;

“weed” means any of the following—

Specified provisions

2.  Breach of any of the following provisions constitutes a non-compliance.

Soil protection

3.—(1) A beneficiary must take all reasonable steps to ensure that land is covered by crops, stubbles, residues or other vegetation to protect the soil unless—

(a)the beneficiary has an agronomic justification for not taking such steps, or

(b)taking such steps would conflict with the requirements of sub-paragraph (3).

(2) A beneficiary has an agronomic justification for not taking such steps if and for as long as—

(a)the absence or removal of such cover is—

(i)permitted under the terms of any commitment,

(ii)permitted under Chapter 3 of Title III of the Direct Payments Regulation,

(iii)permitted under Chapter 3 of the Direct Payments Delegated Regulation;

(iv)for the purpose of establishing habitat conditions beneficial for biodiversity or wildlife;

(v)for the purpose of removing turf for use otherwise than as a fuel;

(b)the land is being prepared as a seedbed for sowing the subsequent crop and is sown with a crop within 14 days of having been so prepared or, if that is not reasonably practicable due to weather conditions, as soon as reasonably practicable thereafter;

(c)the land is being managed for the control of pests, diseases or weeds;

(d)the land is being used for the installation and maintenance of field drains;

(e)the land is heathland to which restoration techniques are being applied;

(f)the land is not so covered due to the burning of “specified vegetation” within the meaning of regulation 2 of the Heather and Grass etc Burning (England) Regulations 2007, in accordance with regulation 5(2) or 6(1)(a) of those Regulations;

(g)the land is used for outdoor pig or poultry production or out-wintered livestock where it is not reasonably practicable to maintain such cover due to the actions of the animals;

(h)the action of frost on the land over the winter is being used to break down the soil naturally to create a seedbed for spring cropping;

(i)the land is peat land, to the extent that the soil is already bare provided that the beneficiary did not cause it to be in that condition; or

(j)the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission not to take such steps.

(3) A beneficiary must take all reasonable steps to prevent excessive soil erosion on the land.

(4) In sub-paragraph (3), “excessive soil erosion” means soil loss or degradation—

(a)over a single area, crossing permanent boundary features (if any), of at least 1 hectare, or

(b)caused by livestock trampling alongside a watercourse over a single stretch, crossing permanent boundary features (if any), which is at least 2 metres wide for a continuous length of 20 metres.

Protection of watercourses

4.—(1) A beneficiary must take all reasonable steps to maintain a green cover on, and must not cultivate, or apply fertilisers or pesticides to land—

(a)within 2 metres of the centre of a watercourse or field ditch; or

(b)from the edge of the watercourse or field ditch to 1 metre on the landward side of the top of the bank of the watercourse or field ditch.

(2) Sub-paragraph (1) does not apply—

(a)in relation to the use of pesticides, if the only application of pesticides is the spot-application of herbicides to control the spread of any weeds;

(b)to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features;

(c)to the extent that the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(3) A beneficiary may cultivate the land referred to in sub-paragraph (1) in order to establish a green cover if that land does not already have a green cover, and is—

(a)part of a field that has been created by the merger of two or more fields;

(b)land created by the division of a field; or

(c)land previously excluded from the provisions of cross-compliance.

(4) A beneficiary must produce and keep a map (which may be the map produced for the purposes of regulation 18 of the Nitrate Pollution Prevention Regulations 2008) showing—

(a)the holding,

(b)all surface waters on the holding and land within 10 metres of them,

(c)all boreholes, springs and wells on the holding or within 50 metres of the holding boundary and land within 50 metres of them,

and if circumstances change, the beneficiary must update the map within three months of the change.

Hedgerows and trees

5.—(1) A beneficiary must take all reasonable steps to maintain a green cover on, and must not cultivate, or apply fertilisers or pesticides to land—

(a)within 2 metres of the centre of a hedgerow; or

(b)on the side of any hedgerow, whether or not a hedgerow to which the Hedgerows Regulations 1997 apply, which is facing away from a dwelling where the hedgerow marks a boundary of the curtilage of the dwelling.

(2) Sub-paragraph (1) does not apply—

(a)to land on either side of a hedgerow mentioned in sub-paragraph (1)(a) or (b) that is less than 5 years old;

(b)in relation to the use of pesticides, if the only application of pesticides is the spot-application of herbicides to control the spread of any weeds;

(c)to cultivation for the purposes of casting up a traditional hedgebank between and including 1st September and the last day of February;

(d)to land forming part of a parcel of 2 hectares or less, as measured within permanent boundary features;

(e)to the extent that the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(3) For the purposes of paragraph (2)(d), a traditional hedgebank is an earth bank faced with turf or stone and topped with hedge plants.

(4) A beneficiary may cultivate the land referred to in sub-paragraph (1) in order to establish a green cover if that land does not already have a green cover, and is—

(a)part of a field that has been created by the merger of two or more fields;

(b)land created by the division of a field; or

(c)land previously excluded from the provisions of cross-compliance.

(5) Cutting or trimming a hedgerow or tree is not permitted in the cutting ban period except in accordance with sub-paragraph (6), (7), (8) or (9).

(6) Cutting or trimming a hedgerow or tree in the cutting ban period is permitted if—

(a)the hedgerow or tree—

(i)overhangs a highway, other way to which the public have access, easement or surfaced track so as to endanger or obstruct the passage of vehicles, pedestrians or horse-riders;

(ii)obstructs or interferes with the view of drivers of vehicles or the light from a public lamp; or

(iii)is dead, diseased, damaged or insecurely rooted, and because of its condition it poses a risk to human safety;

(b)the tree is in an orchard; or

(c)the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(7) Cutting or trimming a hedgerow, or a tree growing in a hedgerow, in August is permitted if—

(a)the hedgerow is in a field which in that month is—

(i)sown with a crop of oil seed rape; or

(ii)re-seeded with temporary grass; and

(b)the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(8) Hedgerow-laying and hedgerow and tree coppicing are permitted from 1st March to 30th April (both those dates included).

(9) Trimming a hedgerow by hand is permitted for six months after the hedgerow is laid.

(10) In this paragraph—

“the cutting ban period” means 1st March to 31st August (both those dates included);

“tree” means a tree with a diameter exceeding 8 centimetres or, in the case of coppice or underwood, with a diameter exceeding 15 centimetres.

Stone walls, stone banks and earth banks

6.—(1) The following is prohibited—

(a)removing a stone wall or stone from a stone wall;

(b)removing a stone bank or any earth or stone from a stone bank;

(c)removing an earth bank or any earth from an earth bank.

(2) Sub-paragraph (1) does not apply—

(a)to widening an existing gateway in a wall to no more than 10 metres in order to provide access to the land for machinery or livestock, and in that case the ends of the wall created by the widening operation must be finished with a vertical face;

(b)to removing a stone wall or stone from a stone wall to use it to repair another stone wall on the holding which is in better condition than the stone wall which is removed or from which the stone is removed;

(c)to removing stone or earth from a stone bank or earth bank to use it to repair another stone bank or earth bank on the holding which is in better condition than the stone bank or earth bank which is removed or from which the stone or earth is removed; or

(d)if the Secretary of State has, in order to enhance the environment, improve public or agricultural access, or for reasons relating to livestock or crop production, given the beneficiary written permission to do so.

(3) In this paragraph—

“stone bank” means an earth bank faced with natural stone;

“stone wall” means a stone wall that is or was once used as a boundary which has—

Regulation 18(2)

SCHEDULE 3Circumstances where a breach of Schedule 2 is not a non-compliance

1.  Any obligation, restriction or action carried out under—

(a)a management agreement entered into under—

(i)section 16 of the National Parks and Access to the Countryside Act 1949(154);

(ii)section 15 of the Countryside Act 1968(155);

(iii)section 39 of the Wildlife and Countryside Act 1981(156); or

(iv)section 7 of the Natural Environment and Rural Communities Act 2006(157);

(b)a measure—

(i)listed in Article 36 of Regulation 1698/2005;

(ii)under Articles 28 to 31, 33 or 34 of the Rural Development Regulation; or

(iii)relating to the annual premia under points (a) and (b) of Article 21(1) of the Rural Development Regulation.

2.  Any action carried out on the land—

(a)by virtue of, or in connection with, any power or authorisation by or under any enactment, provided that following completion of the action the agricultural land will be in good agricultural and environmental condition for the purposes of Article 94 of the Horizontal Regulation;

(b)in the interests of human or animal health or safety;

(c)either to enable a serious cause of harm to plant health or serious infestation of any pest or weed to be treated, or to permit measures to be taken to prevent the development of any such cause of harm or infestation.

Regulation 32(5)

SCHEDULE 4Appeal fee for sum in dispute

Regulation 35

SCHEDULE 5Revocations