Legislation & Regulation

Three crop rule to be relaxed

The Environment Secretary has confirmed today (20 March) that the government intends to relax the crop diversification requirements known as the “three crop rule” for farmers for 2020, as farmers in flooded areas have suggested they will have difficulty complying with the rule this year.  With large swathes of farmland in England under floodwater for most of February, the government is pursuing plans through Parliament to relax this rule for all farmers for 2020 so those who are unable to access their flooded land to plant spring crops over the coming weeks and months will not be unfairly penalised. The amendment will be made for Parliament’s approval as soon as possible. When the amendment to the three-crop rule has been made and approved by Parliament, all farmers will be notified of this.

Stepped approach for new plant health regulations

Following extensive engagement from across industry Defra has confirmed that they will be taking a ‘stepped approach’ towards implementation of the new Plant Health Regulation, including the requirements around plant passports. In implementing the regulation Defra and APHA will focus their efforts on supporting growers to ensure that they are fully compliant with the regulation. More information is available on NFU Online.

No change to greening requirements in 2020

There will be no changes to the greening requirements during 2020. Updated 2020 Basic Payment Scheme (BPS) guidance will be issued later in the year. Until then, you can refer to the ‘Basic Payment Scheme: rules for 2019’ for details of the greening requirements.  Further information is here.  

No changes for cross compliance in 2020

There are no changes to the cross compliance rules in 2020.  The rules set out in the guidance apply for the whole of 2020. Therefore, you must meet the rules throughout the year.  The EU regulations will continue to apply directly in the UK until we exit the EU or until the end of any implementation period. After this time, the EU regulations will be brought into UK law by The European Union (withdrawal) Act 2018.  To view the key dates for 2020 please visit this page.

Farming Rules for Water

The new Farming Rules for Water will be enforceable from 2 April 2019.  The rules standardise good farming practices that many farmers are already demonstrating following on from the Codes of Good Agricultural Practice. The rules are separate from cross-compliance. Full details of the new rules are available here.

Updated information on riparian rights

Updated information on your responsibilities and rules to follow for watercourses on or near your property, and permissions you need to do work around them, have been placed on the Gov.uk website. Visit the link below to view the information.

New rules for fertilizer management to protect water quality

From April 2018 all farmers in England will need to follow a new set of farming rules for water. New regulations will now be made which will give these rules legal force from then. The rules will:
• promote good practice in managing fertilisers and manures through eight rules covering planning and use, storage and application of fertilisers and manures and soil erosion measures
• encourage land managers to take reasonable precautions to prevent diffuse pollution from runoff or soil erosion
• require soil tests at least every 5 years on cultivated land
• protect land within 5 metres of watercourses from significant soil erosion by preventing poaching by livestock.
Further details can be found on the website below.

Enhanced TB control measures

From November 2017 enhanced TB control measures will be introduced to reduce the risk posed by inconclusive skin test reactors. This follows on from a consultation held in 2016.
All inconclusive reactors (IRs) in the High Risk Area (HRA) and Edge Area (and in TB breakdown herds in the Low Risk Area) that have a negative result on re-testing will remain restricted for the rest of their life to the holding in which they were found. The only permitted off movements for such animals will be to slaughter (either directly or via an Approved Finishing Unit).

Warwickshire re-classified as fully in the Edge Area for TB

Following a public Defra TB consultation held in 2016, and an informal consultation held in October 2017, Defra has announced enhanced cattle measures in the Edge Area; which will take effect from January 2018.
The changes from January 2018 include re-classification of Edge Area counties. The following part Edge, part High Risk Area split counties will be re-classified as fully in the Edge Area
Warwickshire and Oxfordshire
East Sussex, Derbyshire and Cheshire

Government announces plans to introduce trickle irrigation licensing

Defra has announced plans to end water abstraction licensing exemptions in England and Wales. It is expected that these changes will be made shortly, opening a two year abstraction licence application window on 1 January 2018.
It is estimated that 5,000 existing operations will require an abstraction licence for the first time and expected that most applicants will successfully secure abstraction licences that meet their historic needs. Exempt operators such as trickle irrigators will have two years to submit their licence application with effect from 1 January 2018. The licence determination process must be completed within five years of the application window opening.

Reminder on water abstraction licences

If your current water abstraction licence is due to expire, and you want to continue to abstract, you need to apply for a new licence at least 3 months before the existing licence expires.
For more information on applying for a water abstraction licence, please visit the website below.

EU vote not to block changes to greening rules

The EU Parliament has voted not to block proposed changes to greening and other elements of BPS rules. The ban on the use of plant protection products on field-based Ecological Focus Area options will therefore come into force. No timescale has been given.

Dewlap tags

Please be reminded that Dewlap tags, which are inserted through the dewlap of cattle, are legally classed as a mutilation (Animal Welfare Act 2006). Using the dewlap tag is therefore illegal and if farms are found to be using these tags at an RPA or APHA inspection it will be considered a rectifiable breach and will incur a penalty.