Agriculture Citation and commencement 1 These Regulations may be cited as the Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2016 and come into force on 24th March 2016. Amendment to the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 2 The Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015 are amended in accordance with regulations 3 to 5. 3 After regulation 15 (national reserve), insert— Obligations to comply with agricultural practices beneficial for the climate and the environment 15A 1 For the purposes of Article 43(3) of, and the sixth sub-paragraph (fertiliser regime) of point II (1) of Annex IX to, the Direct Payments Regulation, a farmer must comply with the applicable obligations . 2 In paragraph (1), “the applicable obligations” means— a in relation to the cultivation of crops, the crop diversification obligation applicable under and in accordance with— i Article 44 of the Direct Payments Regulation and Article 40 of the Direct Payments Delegated Regulation; and ii regulation 16; b in relation to areas of permanent grassland, the obligation— i not to convert or plough areas of permanent grassland designated as environmentally sensitive for the purposes of the first sub-paragraph of Article 45(1) of the Direct Payments Regulation and regulation 17(1); and ii to prepare a plan in respect of the application of inorganic nitrogen fertiliser and lime in accordance with regulation 17A; and c in relation to arable land, the obligation to have ecological focus areas applicable under and in accordance with— i Article 46 of the Direct Payments Regulation and Article 45 of the Direct Payments Delegated Regulation; and ii regulation 18 and Schedule 2. . 4 After regulation 17 (permanent grassland), insert— Permanent grassland: obligation to prepare a plan in respect of the application of inorganic nitrogen fertiliser and lime 17A 1 A farmer must, in accordance with paragraph (2), no later than the date specified in regulation 6(1) prepare a plan in respect of the application of inorganic nitrogen fertiliser and lime to a relevant parcel of permanent grassland. 2 The plan under paragraph (1) must specify whether and to what extent it is anticipated that inorganic nitrogen fertiliser or lime is to be applied to a relevant parcel of permanent grassland. 3 The farmer must provide a copy of the plan under paragraph (1) to the Scottish Ministers on request. 4 In this regulation, “a relevant parcel of permanent grassland” means a parcel of land comprising areas of permanent grassland provided that the parcel does not also contain areas of either or both of— a arable land; and b rough grazing land. . 5 In Schedule 2 (ecological focus areas: further criteria)— a for Part 1 (crop species that may be used in a mixture of crop species for the purposes of Article 45(9) of the Direct Payments Delegated Regulation in relation to areas under green cover), substitute— PART 1 Crop species that may be used in a mixture of crop species for the purposes of Article 45(9) of the Direct Payments Delegated Regulation in relation to areas under green cover Rye (Secale cereale) Vetch (Vicia sativa) Phacelia (Phacelia) Barley (Hordeum vulgare) Mustard (Sinapsis alba) Oats (Avena sativa) Alfalfa (Medicago stiva) Clover (Trifolium) Radish (Raphanus) ; and b in Part 3 (additional conditions for the purposes of Article 45(10) of the Direct Payments Delegated Regulation)— i in paragraph 2, after “field margin” insert “, which is a landscape feature as referred to in point (e) of the first sub-paragraph of Article 45(4) of the Direct Payments Delegated Regulation,”; and ii after paragraph 2 insert— 3 1 Areas with nitrogen fixing crops must be established by sowing at least 2 of the crop species listed in Part 2 of this Schedule, provided that one of the crop species sown does not cover more than 75 per cent of the total of such areas. 2 Any area with nitrogen fixing crops established as mentioned in sub-paragraph (1) must not contain the same crop species as any other such area established. 3 In this paragraph, “crop species” includes a mixture of any of the crop species listed in Part 2 of this Schedule. 4 In this Part, “areas with nitrogen fixing crops” means areas as mentioned at point (j) of Article 46(2) of the Direct Payments Regulation and which form part of the arable land of the holding declared by a farmer in accordance with Article 46(1) of that Regulation. . RICHARD LOCHHEAD A member of the Scottish Government St Andrew’s House, Edinburgh 15th February 2016