Statutory Management Requirements (SMR)

The Statutory Management Requirements require compliance with a small number of articles from 19 EC Directives/Regulations which address environmental, public, animal and plant health and animal welfare. 9 of these will apply for cross compliance purposes in 2005, (a further 7 from 2006, with the remaining 3 being applied from 2007).

Farmers/land managers will need to meet the requirements in the specified articles of the Regulations and Directives as transposed into English law. Virtually all of these Directives and Regulations are existing requirements.

Good agricultural and environmental condition (GAEC)

Protection and maintenance of soil

Practical illustrated guidance on soils will be published shortly on the management of agricultural soils in order to protect them from soil erosion, and to maintain soil organic matter and soil structure.

In accordance with new guidance, farmers/land managers will have to draw up a simple risk-based simple soil management plan in 2006.

Plans to be implemented on farms from 2007.

Overgrazing

The current controls on overgrazing semi natural vegetation, which require an assessment of the condition of vegetation, will be retained. Where there is evidence of current damage, limits on stocking rates will be advised, and if necessary imposed, to prevent further damage. The existing supplementary feeding rules will also be re-enacted.

Stone walls

Farmers will not be permitted to remove or damage stonewalls, without consent from the relevant authority—which may be granted where there are particular extenuating circumstances.

Hedgerows

Trimming of farm hedgerows must not be carried out during the period 1 March to 31 July. A derogation will be possible for health and safety aspects, particularly for hedges next to roadsides and access ways.

Permanent pasture

Permanent pasture is defined by the Commission as land that has been under grass for at least 5 years and has not been ploughed for other crops in that time. A control mechanism has to be put in place to ensure that the national area of permanent pasture is not reduced by more than 5% of the total area of agricultural land—to meet the EU Regulations. Afforestation of permanent pasture that is "compatible with the environment" is exempt from this requirement providing it has been assessed under the existing Forestry EIA Regulations.

Setaside

The existing set aside rules will largely be re-enacted with a few additional flexibilities for farmers. For example we will permit a small percentage of clover to be included in seed mixes to encourage biodiversity, and we will be encouraging the use of narrower set aside strips in particular locations to provide targeted environmental protection (see below).

6-10m setaside strips

Farmers have the option to put all or part of their setaside land into these narrow strips, subject to certain restrictions, and only next to controlled water, wet ditches, Sites of Special Scientific Interest, woodland and hedges.

Land not wholly in agricultural production

Farmers are required to ensure that land no longer in production remains classed as agricultural land under the SP. This means for example that scrub invasion must be easily removed and notifiable weeds controlled, so that the land would be capable of being returned to production by the next growing season at the latest. The land must also be in a condition where an inspector could easily identify the eligible land and undertake normal control activity.

Protection of landscape features—supporting existing legislation

Farmers will be required to comply with existing legislation that protects a diverse range of habitats and landscape features, including Tree Preservation Orders, Hedgerows Regulations, Environmental Impact Assessment, Scheduled Monuments Legislation, SSSI legislation under Wildlife and Countryside Act, Heather and Grass Burning Regulations and the Forestry Act.

Hedge and watercourse protection measures

Farmers are required to establish a protection zone in fields along hedges and water courses. This must not be cultivated or have fertilisers, herbicides or pesticides applied. It must measure 2 metres from centre of a hedge or ditch, with a minimum of 1m from the top of the ditch bank.

This measure will only target key habitats (watercourses and hedges)

The introduction of this measure will be delayed until the beginning of the next planting season (July 15th 2005).

The measure will not apply to small fields (2 hectares or less) or to newly planted hedgerows (up to 5 years old).

Rights of way

Farmers must not obstruct or disturb the surface of the path of a public right of way which runs across their land (however farmers may plough the path of a right of way so long as the path is reinstated within any prescribed time limit); and must maintain any stile or gate for which they are responsible that is on the path of a public Right of Way.

Moorland measures

Farmers must comply with the Heather and Grass (Burning) Regulations.

Source: Defra website

Summary of Cross-compliance Measures