He writes:
I am not in the business of speculation when it comes to the rules that surround BPS and greening, but given the recent decision to change some of the rules I have set out where we are below. As always the headlines and the detail are often very different beasts.
While the headline captures the ban on plant protection products (PPPs) on Environmental Focus Areas, the changes go further that just that element and so understanding what is happening is key.
What do we know?
The EU decision-makers have brought in a series of changes to BPS and greening, which were badged as ‘a greening simplification initiative’. But as you read on, you will not see much simplification!
The key changes or clarification of current rules are set out below.
While most of the 14 changes relate to greening, not all are relevant in England as we do not have available to us all 18 EFA options; we currently only have five (hedges / nitrogen fixing crops / buffers strips / fallow / catch & cover crops).
Also some of the changes to the rules cover non-greening elements, such as changes to hemp, entitlements, small arable cropped areas and the Young Farmer Scheme. How these changes will impact on English farmers will be worked on in the coming months.
At this point it is worth remembering this blog is not the new scheme rules, so please read the RPA guidance when it is issued on the changes. The information here is just a guide to what has happened and what will, or may, change.
EFA fallow usage and period
Confirmation was given that there should be no production on such land (this has always been the way the rules have been interpreted in England). Also that the period for EFA fallow land is no less than six months long (the original proposal was for it be a minimum of nine, but the NFU lobbied this back down to the status quo of a six month period in England, although it still needs to be reaffirmed going forward).
EFA catch / cover crop minimum period extended
The catch / cover crops minimum period will now be a minimum period of eight weeks (from 2018 onwards, not for 2017 crops still to go in the ground this year). We will have a problem with this change as currently in England our EFA catch crop option period is only c4 weeks (established by 31 August and retained until at least 1 October). The original proposal was for a ten-week minimum period.
Ban of PPPs on productive land used to count for EFA (catch / cover crops, fallow or nitrogen-fixing crops
Details of what this actually means on the ground have yet to be clarified by either the EU Commission or Defra. The NFU has been lobbying on this element intensely for many months (alongside the desire to remove this element from the proposed changes).
We did not want this restriction imposed in the rules, but need to see it implemented in such a way that it does not hinder members any more than necessary. The key is to having a workable set of rules that clearly set out what a ban looks like and that minimises the administrative burden on all concerned – just how to does one prove no PPPs have been applied to an area of land?
Merging EFA buffer strips and field margins options
This is a tweak to the exisiting rules in England. Currently we have EFA buffer strips next to watercourses, but not the ability to count all field margins as EFA. The only option at present we have is that EFA fallow land can be used on the margins of fields. We see this potential change as a way of helping the industry, but need this to be approved by government first, in order to be brought in
When do these changes come in?
This is the key question! The regulatory changes proposed stated they would come into force from 1 January 2018. This is yet to be fully confirmed, but I suggest it would be unwise not to plan for the changes to come in for BPS 2018 (the merging of buffer strips / field margins has to be approved by government first, and there is no guarantee it will come in). It is worth pointing out that the proposed changes have already been delayed as they were expected to come into force on 1 January 2017, but had to be deferred due to the protracted EU decision-making process.
Clarification and communication now needed
There are a number of key questions we have already raised with Defra / the RPA around these changes, in particular as to how the PPPs ban will be applied. Key points are:
- When should a PPPs ban be in place for the catch / cover crops, fallow or nitrogen-fixing crops EFA options?
- Will there be any exceptions to allow the application of PPPs within the EFA period – such as the 1959 Weeds Act / helping to establish wild flower mixes etc?
- When can PPPs be applied when an area of land is designated for EFA?
- How will inspection of EFAs be affected by the PPPs ban?
Practical issues
Our continuing concern is when a decision will be known on these changes - and will there be enough time to safely implement any changes (including the PPPs ban) by 1 January 2018?
Cropping plans and the approach to greening for 2018 will already be well advanced by many and sowing gets closer by the week. We have already warned members of the situation and to plan accordingly – ‘plan for the ban’.
In terms of guidance, we would also like to see RPA update and issue in advance the greening rules for 2018 (that will at a later point be incorporated in the 2018 BPS Handbook).