These FAQs represents RPA’s current understanding of the position and could be subject to change pending further clarification from the European Commission.
1. Will there be any set-aside obligation for the 2008 scheme year?
In response to the increasingly tight situation on the world cereals market with historically high prices, the Agriculture Council has agreed to set a 0% rate of compulsory set-aside for the 2008 scheme year. This means that farmers with set-aside entitlements will not have to manage any land as set-aside in 2008.
2. How does this affect me?
You may grow (non permanent) crops or keep livestock on eligible land that you use in support of claims for payment against your set-aside entitlements.
3. Are other rules relating to set-aside entitlements changing?
No. You will still be required to have a hectare of land for each set-aside entitlement that you hold and such land still needs to be eligible for set-aside (please see Section B of the 2006 Set-aside Handbook and Guidance for England for a full explanation of the set-aside eligibility criteria). Provided you meet the scheme rules you will be paid on your set-aside entitlements at the flat-rate as in previous years. You will still be required to activate your set-aside entitlements before any other entitlements, even if you are now cropping your former set-aside land.
4. Are the arrangements for growing non-food crops on set-aside changing?
Crops which are generally eligible under the SPS (on non set aside land), e.g. oilseed rape, can be grown without the need for a contract or having to meet any of the other normal non-food set aside (NFSA) scheme rules.
As in previous years, however, crops which are normally ineligible under the SPS (such as short-rotational coppice and miscanthus), except when grown on set aside land, may continue to be grown on land that is eligible to support set-aside entitlements in 2008. In these cases you will need to comply with the normal NFSA scheme rules in full.
5. Can I voluntarily leave land uncropped?
Yes. You can still choose on a voluntary basis to leave land uncropped and use that land to support claims for payment against your set-aside entitlements.
Uncropped land will be subject to the cross-compliance requirements, in particular GAEC 12. The set-aside management rules will not apply in 2008.
6. Won’t the environmental benefits of set-aside be lost because of this?
We recognise that set-aside has delivered some important environmental benefits and share the concerns of Natural England, the Environment Agency and others about the possible consequences if there is a substantial return to cropping of former set-aside land in the short and longer term. So, as Hilary Benn made clear in his statement we welcome the assurances from the NFU and CLA that the farming industry is committed to shouldering its full environmental responsibilities in relation to former set-aside land and look to them to deliver on that assurance. However, we will be monitoring this situation closely over the next few months and, if there is evidence of significant negative environmental impacts, we are ready to take action (for the 2008/9 cropping season).
Farmers are still obliged to meet the relevant cross compliance rules on their agricultural land including uncropped areas. These provide a greater degree of environmental protection for land not in agricultural production than the current set-aside rules. In particular, one of the standards (GAEC 12) prevents cutting of vegetation during the main bird breeding season and for a longer period than under set-side. “Spraying off” of green cover - a widespread practice on set-aside land – is also prohibited. Further details are provided in the Cross Compliance Handbook for 2006 (and supplements).
For the longer term, we will also be continuing with our review of Environmental Stewardship to consider the extent to which some of the environmental consequences of reduced set-aside might be mitigated by adjusting some of the options available under Entry Level Stewardship (ELS). This work was already underway in preparation of the CAP Healthcheck.
7. I cultivate small plots of my set aside land to provide lapwing or stone curlew nesting sites. Can I still do this?
Where farmers were enhancing set-aside by cultivating small plots to provide lapwing or stone curlew nesting sites, we will be arranging for these exemptions to continue under procedures as simple as we can make them under cross compliance.
8. Can I use land that is in Woodland schemes to activate my set- aside entitlements?
Land converted to woodland under the Farm Woodland Premium Scheme or English Woodland Grant Scheme may be used in support of claims for payment against your set-aside entitlements as currently. Please see paragraphs 32-33 of the 2006 Set-aside Handbook and Guidance for England for further details. However, your RDPE payment may be reduced to zero.
9. Can I claim Aid for Energy Crops on land that I use in support for of claims for payment against my set-aside entitlements?
No. As currently, Aid for Energy Crops cannot be claimed on land that is used to activate set-aside entitlements.
10. Does this change the way I fill out my SPS application form (SP5)?
Guidance on how to complete the SPS application form will be given in the SPS Handbook and Guidance for England 2008 when available.
11. Will the set-aside requirement remain at 0% for the 2009 scheme year?
The decision to set the set-aside rate at 0% has been taken for the 2008 scheme year only in view of the current very tight cereals market situation. No decisions have been made yet in respect of 2009 or subsequent years.
Contact information
If you cannot find the answer to your question here, then please ring
the Customer Service Centre on 0845 603 7777.
If your enquiry is not urgent please e-mail us at CSC@rpa.gsi.gov.uk or write to us at:
Rural Payments Agency
PO Box 1058
Newcastle-upon-Tyne
NE99 7YQ
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