Annex IV - Good Farming Practice
Introduction
1. Regulation 1257/1999, and its implementing regulation, 1750/1999, together require that farmers entering into agri-environment commitments and/or in receipt of compensatory allowances in Less Favoured Areas under the Programme respect Good Farming Practice across the whole of their farm. For agri-environment schemes, Good Farming Practice will act as a baseline for which no payments are made. Agri-environment payments are intended to compensate or provide an incentive for farmers to undertake measures which go beyond Good Farming Practice.
2. The relevant legal provisions are as follows:
(i) Under Section 9 of Regulation 1750/1999, which sets out the rules for several measures including agri-environment and Less Favoured Areas, Article 28 states that:
"Usual good farming practice is the standard of farming which a reasonable farmer would follow in the region concerned.
Member states shall set out verifiable standards in their rural development plans. In any case, these standards shall entail compliance with general mandatory environmental requirements."
(ii) Article 19 of Regulation 1750/1999 states that:
"Where a farmer enters into an agri-environmental commitment in relation to part of the farm, he shall adhere to at least the standard of good farming practice in relation to the whole of the farm."
(iii) Article 14(2) of Regulation 1257/1999 states that:
"Compensatory allowances (in Less Favoured Areas) shall be granted per hectare of areas used for agriculture to farmers who apply usual good farming practices compatible with the need to safeguard the environment and maintain the countryside, in particular by sustainable farming."
The approach
3. The approach to Good Farming Practice in the Programme will be based on two elements. First, compliance with existing environmental legislation; second, a list of ‘verifiable standards’ which will be included as conditions for all new agri-environment agreements or LFA compensatory allowance payments. In addition, all farmers joining agri-environment schemes will be given copies of the MAFF Codes of Good Agricultural Practice for Air, Soil and Water (which are substantial documents and contain a mixture of advice, recommendations and obligations) and encouraged to comply with the recommendations in them.
4. The UK has wide-ranging environmental protection legislation, of which the main items are set out below. These items make up the minimum environmental standards for the purpose of other articles of the Regulation 1257/1999. This legislation is enforced by other Government Agencies or local authorities and the body responsible for each item is indicated below. Although MAFF staff do not have the expertise to enforce this legislation in detail, when conducting their regular on-the-spot inspections of compliance with the schemes (minimum level 5%) they will carry out a basic check on these items and if they suspect any clear breaches of the legislation they will inform the relevant authority and ask them to carry out an inspection. Also, arrangements will be made for the authorities which enforce this legislation to notify MAFF of any cases where farmers are convicted of offences under relevant provisions of this legislation or, in appropriate cases, against whom a statutory enforcement notice has been raised. Where such notification is received in relation to farmers participating in agri-environment schemes and/or in receipt of LFA payments, consideration will be given to whether penalties for breach of agreement should be effected, in relation to the objectives of the agreement, or in extreme cases, for exclusion from the scheme. Any penalty would be proportionate to the offence (see Section 12 of this Programme for details of implementation and penalty application).
5. The verifiable standards of Good Farming Practice are ones which are complementary to existing legislative requirements and are capable of verification by MAFF staff to EU audit standards as part of its existing checks on 5% of agri-environment scheme participants and farmers eligible for LFA payments. These standards have been chosen so that they are agriculturally practicable and otherwise beneficial throughout England (e.g. by preventing environmental damage). If these conditions are breached, proportionate penalties will be applied.
6. While all farmers joining agri-environment schemes will also be given copies of the MAFF Codes of Good Agricultural Practice on Water, Soil and Air, compliance with the provisions of these Codes will not be subject to 5% checks, as the standards are not all verifiable and penalties will not be applied. Farmers will, however, be required to retain copies of the Codes throughout the life of their agreement and will be encouraged to follow the recommendations and advice they contain.
7. For each of the following elements of Good Farming Practice, a short description of the relevant legislation (the minimum standard) is shown, together with the ‘verifiable standard’ and reference to the relevant MAFF Code(s) of Good Agricultural Practice.
8. No payments will be made under the Schemes for complying with the legislative requirements or with the verifiable standards.
Water Pollution
a) Legislation
Water Resources Act 1991 - Part III deals with the control of pollution of water resources and Section 85 of Chapter II sets out the general offence of polluting controlled waters. It is an offence under this section if a person ‘causes or knowingly permits any poisonous, noxious or polluting matter or any solid waste to enter any controlled waters’. ‘Controlled waters’ include the territorial sea, coastal waters, all inland freshwaters and groundwaters. This offence applies to any person and therefore is not specific to agriculture. Enforcement Agency: Environment Agency
Control of Pollution (Silage, Slurry and Agricultural Fuel Oil) Regulations 1991 as amended 1997 - these regulations were made under Section 92 of the Water Resources Act 1991 and apply specifically to the agricultural sector. They require that where a farmer stores silage, slurry or fuel oil, any structure built or substantially altered since 1991 must comply with criteria specified in the regulation.
Enforcement Agency: Environment Agency
The Groundwater Regulations 1998 - these regulations complete the implementation of Council Directive 80/68/EEC on the protection of groundwater. They require that the disposal of prescribed substances, which are potentially hazardous in the environment (List I and List II substances), if not controlled under other relevant legislation, must be authorised under the regulations. Authorisations may only be granted after prior investigation. Lists I and II are set out in the Schedule to the regulations and are based on the requirements of the lists included in Council Directive 80/68/EEC.
Enforcement Agency: Environment Agency
b) Verifiable Standards
- silage and slurry stores: any farmer who constructs a new silage or slurry storage facility must notify the Environment Agency before starting to use it. Checks will be carried out to see that this notification has been given for any new stores.
- sheep dip: any farmer proposing to dispose of sheep dip on his land must obtain prior authorisation from the Environment Agency. Checks will be made to see that either an authorisation has been obtained or that there is a reason why no authorisation is needed in that individual case.
Codes of Good Agricultural Practice
- MAFF Code of Good Agricultural Practice for the Protection of Water
Air Pollution
a) Legislation
Clean Air Act 1993 - under this Act it is an offence to burn waste materials in the open on trade premises if the burning produces dark smoke. Land being used for commercial agricultural or horticultural purposes constitutes a trade premises under this Act.
Enforcement Agency: Local Authorities
Crops Residues (Burning) Regulations 1993 - the regulations make it illegal to burn the following crop residues: cereals (straw and stubble); dry harvested field beans and peas; and oil seed rape, remaining in the field after harvest. An exception is made in certain circumstances (e.g. where a Plant Health Order has been served).
Enforcement Agency: Environmental Health Officers of Local District Councils
Heather and Grass etc. (Burning) Regulations 1986 - the regulations forbid the burning of heather, grass, gorse, bracken and vaccinium in most areas after 31 March, and in upland areas after 15 April. No burning is permitted without a licence after those dates, until 1 October in upland areas and 1 November elsewhere. Local authorities can permit burning after these dates under certain circumstances.
Enforcement Agency: Local authorities
b) Verifiable Standard
None
Codes of Good Agricultural Practice
- Code of Good Agricultural Practice for the Protection of Air
Fertilisers and Pesticides
a) Legislation
The Action Programme for Nitrate Vulnerable Zones (England and Wales) Regulations 1998 - specific to the agricultural sector, the regulations bring into effect the requirement for an action programme under Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources. The regulations apply within areas designated as ‘Nitrate Vulnerable Zones’(NVZs) and impose a number of conditions relating to the application of organic manures and nitrogen fertiliser to the land including maximum application rates, periods when application is not allowed and other controls in spreading required to protect the environment.
Enforcement Agency: Environment Agency
Part III of the Food and Environment Protection Act 1985 and the Control of Pesticides Regulations 1986 - provides for the continuous development of means to protect the health of human beings, creatures and plants; to safeguard the environment; to secure safe, efficient and humane methods of controlling pests; and with a view to making information about pesticides available to the public. The Act provides Ministers with powers to regulate the import, sale, supply, advertisement and use of pesticides, both generally and in relation to specific products. Ministers are also empowered to set maximum residue limits, to require information from dealers in, and manufacturers and users of, pesticides and to issue codes of practice for the safe use of pesticides on farms and elsewhere.
Enforcement Agency: Health and Safety Executive; MAFF; Environment Agency
Plant Protection Products Regulations 1995 - the regulations implement Council Directive 91/414/EEC. The Regulations provide for a Community-wide system controlling the sale and supply of plant protection products (mainly agricultural pesticides) in the UK. They also set out conditions to be satisfied for approvals based on mutual recognition, which allows approval to be granted for a use already approved in another Member State provided that the agricultural, climatic and plant health conditions can be shown to be comparable and the active substance(s) have been authorised by the Commission.
Enforcement Agency: Health and Safety Executive; MAFF; Environment Agency
b) Verifiable Standards
None
Codes of Good Agricultural Practice
- MAFF Code of Good Agricultural Practice for the Protection of Soil;
- MAFF Code of Good Agricultural Practice for the Protection of Water;
- MAFF Code of Good Agricultural Practice for the Protection of Air.
In addition, there is a Code of Good Agricultural Practice for the safe use of pesticides on farms and holdings.
Linear Features
a) Legislation
Hedgerow Regulations 1997 - the regulations make it illegal to remove most countryside hedgerows without first obtaining permission from the local planning authority. The authority can refuse permission for the hedgerow to be removed if, according to a set of statutory criteria, the hedgerow is considered to be important.
Enforcement Agency: Local Authorities
b)Verifiable Standards
- field boundaries: removal or destruction of any hedges or stone walls on the farm will not be permitted except by special derogation and subject to any necessary consent under the Hedgerow Regulations 1997. Enforcement will be through visual assessment of any recent damage during field checks.
- hedgerows: trimming of hedgerows on the farm must not be carried out between 1 March and 31 July. Enforcement will be through visual evidence of recent damage during any checks carried out in these months.
Codes of Good Agricultural Practice
- MAFF Code of Good Agricultural Practice for the Protection of Soil.
Designate Sites
a) Legislation
Wildlife and Countryside Act 1981 - provides a measure of protection for all wild birds, wild plants and certain wild animals. The protection afforded to wild birds reflects that required under Articles 5 and 6 of the Birds Directive (79/409). The Act also provides protection for designated sites (Sites of Special Scientific Interest). Over 4000 SSSIs have been designated in England, covering circa 6% of the total land area. Owners, including farmers, are required to give written notice to English Nature before carrying out any operation which could damage the special conservation interests of a SSSI.
Enforcement Agency: English Nature
The Conservation (Natural Habitats etc) Regulations 1994 provide additional protection for certain plants and animals, which reflect the requirement of Articles 12 and 13 of the Habitats Directive (92/43). The regulations also provide additional protection for SSSIs which are within Special Protected Areas (SPAs) and Special Areas of Conservation (SACs).
Enforcement Agency: English Nature
Countryside and Rights of Way Bill
The Countryside and Rights of Way Bill is expected to be passed in late 2000. It will give greater protection to Sites of Special Scientific Interest (SSSIs) and strengthen wildlife enforcement legislation. The SSSI provisions are targeted at improving the protection and management of SSSIs through a number of means, combining strong protection with building a productive partnership with land managers.
Enforcement Agency: English Nature
Ancient Monuments and Archaeological Areas Act 1979 (AMAA)
Ancient Monuments (Class consents) Order 1994 (AMCC)
Section 1 of the AMAA Act empowers the Secretary of State to designate monuments by placing them on a Schedule. Section 2 of the Act stipulates that works affecting these scheduled monuments require a consent from the Secretary of State. The definition of works is broad and encompasses works which do not require planning permission including works which qualify as permitted development. In the context of farming, consent is required for change of land use (e.g. ploughing of pasture) within the scheduled area, and for works such as tree or hedge planting or removal, stone clearance, track construction, and agricultural developments otherwise permitted under development control regulations.
Class Consent 1 of the AMCC Order 1994 pertains to arable or horticultural cultivation, permitting the continuance of cultivation practices which have previously been undertaken within a specified prior period, but excluding tree or hedge planting, subsoiling and drainage. However, the class consent expires where cultivation is suspended for a period of six years and subsequent cultivation requires consent from the Secretary of State.
Enforcement Agency: English Heritage
b) Verifiable Standards
- Sites of Special Scientific Interest: farmers are required to notify English Nature of any intended operations that are likely to damage statutorily designated SSSIs. It will be a condition of the schemes that participants will not proceed with any such operations without having obtained prior approval from English Nature. Checks will be made to see that any damaging operations that appear to have been carried out have had approval from English Nature.
Codes of Good Agricultural Practice
- MAFF Code of Good Agricultural Practice for the Protection of Soil
Agricultural/Forestry Management
a) Legislation
Forestry Act 1967 - a Felling Licence or approval under a Forestry Commission endorsed Grant Scheme is required by anyone involved in the felling of trees. All work must be undertaken in accordance with the terms of the permission granted by the Forestry Commission.
Enforcement Agency:Forestry Commission
b) Verifiable Standards
- overgrazing: this is defined as ‘grazing land with livestock in such numbers as to adversely affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree’. Because of the enormous variation in conditions that can arise, a single maximum stocking density as a determinant of GFP for the whole of England would not be appropriate. Instead, all farms eligible under the Hill Farm Allowance Scheme with a stocking density of 1.4 Livestock Units(LU)/ha. or above will be subject to physical inspection in 2001, or in the year in which this threshold is first exceeded, and at least once every three years thereafter. Furthermore in areas where experience shows that overgrazing can occur at a lower stocking density, MAFF will ensure that the risk analysis used in determining the selection of farms for physical inspections will be weighted towards those farms with the highest stocking densities even if below 1.4 LU/ha. Where the physical inspection finds evidence of overgrazing, a professional site-specific appraisal will be made of whether overgrazing is occurring and will ascertain the causes. If overgrazing is occurring, a management regime including a maximum (and, where appropriate, a minimum) stocking rate to be observed on that site, will be prescribed. A follow-up visit will be undertaken no later than twelve months after the initial inspection to ensure compliance with the prescribed management regime and stocking limits. Failure to observe the stocking limits would be a breach of Good Farming Practice requirements and would lead to a loss of all entitlement to LFA payments.
- supplementary feeding: in some cases no supplementary feeding is permitted under the terms of the agreement. Where it is permitted, the feed must be provided in such a way that the vegetation is not excessively trampled or poached by animals or rutted by vehicles used to transport feed. Cases of suspected unsuitable supplementary feeding will be investigated and failure to follow advice thereafter would be a breach of this condition.
- undergrazing: in relation to participants in agri-environment schemes which involve livestock farming, there will be provisions to implement Article 12 of Regulation 1750/1999, ie to ensure that livestock are distributed across the farm in such a way that both overgrazing and under utilisation are avoided (see Annex (i) to Section 9.4 of the Programme for details of implementation). Under-utilisation is defined as "Land where there is evidence of the annual growth not being fully utilised, or scrub or coarse vegetation is becoming evident, and such changes are detrimental to the environmental interest of the site". In addition, a minimum stocking density of 0.15 LU/ha. will apply as a condition of receiving Hill Farm Allowance Scheme payments under the Programme unless otherwise required by agri-environment measures or other recognised environmental prescriptions e.g. on designated sites.
Codes of Good Agricultural Practice
- MAFF Code of Good Agricultural Practice for the Protection of Soil;
- MAFF Code of Good Agricultural Practice for the Protection of Air;
- MAFF Code of Good Agricultural Practice for the Protection of Water.
Page last modified:
17 August, 2005
Page published: 10 December, 2002