Rural Payments and Services

Now that SAF 2018 is open, we wanted to remind customers how we define minimum agricultural activity.

The level of minimum agricultural activity you must undertake to become eligible for the Basic Payment Scheme depends on the payment region of the land you want to claim for.

As per the guidance published on Rural Payments and Services, “undertaking production activities” means where the land parcel is being used to support livestock rearing by grazing and/or taking crops.

This is applicable in all Payment Regions but specifically for Payment Regions two and three the minimum agricultural activity requirement is to maintain an average level of stocking of 0.05 livestock units per hectare on all hectares for 183 days in each scheme year.

A lower stocking density may be acceptable if this can be justified by either having access to records showing the carrying capacity of the land for an extended period or if this lower limit has been arranged as part of an environmental management agreement with Scottish Natural Heritage or as an agri-environment commitment as part of the Scottish Rural Development Plan.

The guidance further defines the livestock which can be used when calculating the stocking density:

“For the purposes of the stocking density calculation, a livestock unit means a unit of measurement of livestock numbers, and each of the following constitute one livestock unit:

• one beef cow over 24 months of age
• 1.66 beef cows over 20 months and up to and including 24 months of age
• one dairy cow over 24 months of age
• 1.66 dairy cows over 20 months and up to and including 24 months of age
• 6.66 breeding ewes, ewe hoggs or gimmers
• 6.66 breeding goats kept as part of a regular breeding herd for fibre production
• 3.33 breeding llamas kept as part of a regular breeding herd
• 2.5 farmed deer: adult stags (27 months and over)
• 3.33 farmed deer: hinds, including suckling calves (27 months and over)
• five farmed deer: juveniles (six to 27 months)”

Please note that a business should only declare that they are undertaking production activities if they have been carrying out an agricultural activity on the land themselves. Production activity undertaken by another business on the claimant’s land is not eligible under this activity declaration.

However, if a business is not undertaking production activities they may still be eligible under the Basic Payment Scheme. If claimed land has been used by another business for agricultural production or if no production is taking place but the business can provide evidence that they are undertaking alternative practices then activity code ‘Undertaking Alternative Practices’ should be declared.

“Undertaking alternative practices” means “for Payment Region one this means controlling weeds to which the Weeds Act 1959 applies and maintaining access to those areas for livestock and /or farm machinery.”

In addition, for those areas designated as Payment Region one where the use can be described as permanent grassland, maintaining existing stock proof boundaries and water sources for livestock; as applicable, for those areas designated as Payment Region one where the use can be described as arable, taking action to prevent encroachment of scrub.

For Payment Regions two and three this means carrying out an environmental assessment. Further guidance on assessments can be found on Rural Payments and Services.

Active Farmer

Further to the above, the guidance also specifies that an important part of being eligible to apply for the Basic Payment Scheme is being able to meet the requirement of being an active farmer.

“An active farmer is a farmer who produces, rears or grows agricultural products, including through harvesting, milking, breeding animals, and keeping animals for farming purposes.

In order for land to be eligible for claiming under the Basic Payment Scheme, you must undertake the minimum activity for the payment region your land is in.

In addition to this if more than 50 per cent of your business' holding is land naturally kept in a state suitable for grazing or cultivation (this is all land designated as Payment Region two or three), you must undertake the production, rearing or growing of agricultural products on some of the Payment Region two and/or three land to be classed as an active farmer”

Verification

Where the information provided within the Single Application Form does not support the declaration of activity being undertaken RPID will require the claimant to provide written confirmation and evidence of the activity taking place. For example, if a production activity is being undertaken, the evidence required will be herd or flock records, invoices for sales or costs incurred.

For alternative practices, evidence will include photographs of the land parcels in question to show that the following activities are being undertaken:

• controlling injurious weeds as defined by Weeds Act 1959
• maintaining access to the land parcel and also maintaining existing stock proof boundaries and water sources for livestock
• taking action to prevent encroachment of scrub

Failure to supply evidence to verify that at least the minimum activity requirements are being met will result in the land being deemed ineligible for Basic Payment Scheme.

Regulatory Base

Regulation (EU) No 1307/2013 of the European Parliament and the Council
• Article 4 (1) (c) (i), (ii) and (iii)
• Article 4 (2) (b)
• Article 9 (1)

Commission Delegated Regulation (EU) No 639/2014
• Article 5
• Article 10 (1) and (2).

Scottish Statutory Instrument 2015 No 58 – The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015
• Section 11 (Agricultural activity)
• Schedule 1 – Part 2 and Part 3

Scottish Statutory Instrument 2015 No 215 – The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2015
• Section 8