Active Farmer
In order to claim BPS, claimants must be an ‘Active Farmer’. This means that they must be carrying out an agricultural activity, and must not be operating one of the following non-agricultural activities:
· Airports
· Railway services
· Waterworks
· Real Estate Services
· Permanent sports or recreational facilities
Note that the active farmer rule only applies to the farm business making the BPS application, not any other businesses connected with it, or with any individual members of the business.
Operators of any of the above activities may still be eligible to receive BPS, but will have to prove they carry out significant agricultural activities, by meeting one of the three following criteria:
1. Annual payments for SPS or BPS are at least 5% of total non-agricultural receipts in the most recent financial year.
2. Total agricultural receipts are at least 40% of total receipts in the most recent financial year
3. Farmer has at least 36 hectares of eligible land
The majority of existing SPS claimants will be eligible, but if you think you may be affected by these new regulations, it is important to declare this, so please contact us to discuss further.
Registration for BPS
Applications for the Basic Payment Scheme (BPS) will have to be made online.
The current ‘SPS-online’ system has changed, and all farmers will therefore need to re-register with the new system, called the ‘CAP Information Service’.
The RPA will be sending invitation packs to all existing claimants to register in January; however, you can register now by phoning the RPA on 03000 200301, answering the security questions, and then registering online using the reference numbers given over the phone and by email.
The following can then be carried out in preparation for making the 2105 claim:
· Pass eligibility checks – i.e. confirm the claimant is an active farmer
· View and update personal/business details
· Give permission to an agent to use the service
· Confirm land parcels and entitlements held
· Add land features to land parcels using the online maps
Although the initial registration will have to be carried out by the individual claimant, we can provide further guidance on this process, and will be issuing a briefing note with full instructions to all existing clients and contacts who request more information in the next few weeks. Agents will be able to continue to submit claims on behalf of clients once the registration process has been completed.
Young Farmers
Subject to certain criteria, Young Farmers will be able to claim up to 25% additional payment on up to 90 hectares. To qualify, the claimant must be an active farmer, aged between 18 and 40 years, and have taken control of the holding within the 5 years before their first BPS application. ‘Control’ means that they must be directly exposed to financial benefits and risks resulting from the success or failure of the business. Holding a majority of shares/votes also gives control over the business.
Entitlement Transfers
The deadline for transferring entitlements under the current SPS system using an RLE1 form has now passed (21st October 2014). A new transfer window will open in January/February 2015, when transfers of BPS entitlements can be made using the new online CAP Information Service (CAPIS) system.
Please note the following:
· Claimants with less than 5 hectares of land and/or entitlements will not be eligible to claim BPS. Therefore they should consider purchasing extra entitlements to make up any shortfall, or purchasing/renting additional land.
· Any surplus entitlements not claimed in 2015 will be absorbed into the National Reserve. Therefore claimants should consider selling any surplus entitlements when the new transfer window opens in January 2015.
Ecological Focus Areas
Hedgerows
A hedge will qualify towards Ecological Focus Area (EFA) if it is grown on or adjacent to arable land and is either a continuous length of 20 metres, part of such a length, or a continuous hedge joining other hedges at each end.
Although DEFRA have previously issued warnings about delays to receipts if hedges are used for EFA, they are now suggesting that there should not be any delays.
Fallow
As previously noted, temporary grass can be used as fallow land. No agricultural production must be carried out between 1 January and 30 June, but herbicides and cultivation can be used to control weeds.
For more information on the Greening requirements, or to check you are compliant, please see our previous CAP Reform updates, or contact the Farms Team.
Dual Use
The RPA have confirmed that Dual Use will be allowed again for the 2015 claim year. However, note that if the landowner claims ELS/Organic ELS (OELS) that is affected by double funding, and the occupier claims the Basic Payment Scheme, payment reductions will apply to the landowner’s agreement.
ES payment dates
From 2015 onwards, all new stewardship agreements will have a start date of 1st January. Additionally, claim periods for all existing stewardship agreements (i.e. ELS, OELS, Upland ELS and HLS) will be aligned to the calendar year, therefore the timing of payment receipts will change to December and June, and the amount received during 2015 may be affected.
To check when payments will be received for your agreement, click on the following: http://ow.ly/uMUfs
ELS payments for existing and new schemes will also now not be automatically sent out, but will have to be claimed for prior to 15th May 2015. Late applications will suffer payment reductions.
Changes to Cross-compliance rules
Hedge-cutting
As of 2015, the date from which hedge-cutting can commence each year will change from 31 July to 31 August. However, DEFRA are looking into a derogation to allow hedge-cutting in August for farmers intending to sow OSR or temporary grass during that month.
Soil Protection Review
From 2015 there will be no Soil Protection Review booklet, but instead a practical requirement to maintain a minimum level of soil cover unless there are valid agronomic reasons not to do so, and undertake land management practices to minimise soil erosion and maintain soil organic matter.
New grants available
The new Rural Development Programme for England commenced in January 2015.
Countryside Stewardship Scheme – This replaces the current environmental stewardship schemes and English Woodland Grant Schemes. We have previously confirmed that the first environmental stewardship agreements will commence in January 2016, with applications submitted from July 2015, and will comprise ‘multi-year’ management agreements and ‘Capital-only’ agreements. Management agreements will be either higher- or mid-tier, but will be more targeted than under previous schemes, with particular focus on biodiversity and water quality. Capital agreements will provide funding for items such as hedges and boundaries, woodland management plans, scrub control and water troughs.
There are also capital grants available for infrastructure works to help reduce water pollution from agriculture in Catchment Sensitive Farming target areas, such as re-surfacing gateways, biobeds and rainwater goods, which will be available in spring 2015.
A full collection of woodland schemes will be available from 2016, but in the meantime, there are Woodland Creation Grants available in 2015, with applications in February 2015 for planting late in the year; and grants for preparing Woodland Management Plans.
We are also expecting a new round of capital grant schemes for projects to improve farm and forestry productivity, and local support for rural businesses.
We are able to help with the application process and will provide further updates on these schemes once more information is released, but in the meantime if you think you have a project or investment that may qualify for funding please do contact us.
For further information contact : Charlotte Gore - 01858 411218