Environment Secretary Hilary Benn has extended the suspension until the end of August of the cross compliance standard to enable farmers to use mechanical equipment and vehicles on waterlogged soil and access their crops.

Mr. Benn continues to listen to the concerns raised by farmers affected by the recent weather affecting many regions in England. These concerns have centered around the difficulties posed by GAEC 3, which the Environment Secretary instructed the department to temporarily suspend the restrictions previously and has issued additional guidance.
He also authorised the Rural Payments Agency to allow farmers to use set aside land for grazing of animal and harvesting of hay and silage.
Set-aside – Derogation to allow grazing on set-aside land due to flooding The Rural Payments Agency has already announced that they have made derogation available to allow land set-aside in 2007 to be grazed or harvested for animal feed. This derogation allows farmers to graze set-aside land with their own animals or harvest hay or silage for their own use. Farmers wishing to make use of this derogation should telephone, e-mail or write to the RPA Customer Service Centre providing the reference numbers for the fields which they wish to graze or harvest.

Additional Information
Land not in Agricultural Production (GAEC 12 land) can be used for grazing if farms are affected by the wet conditions and this is necessary for animal’s health or welfare. In this case the RPA would not want claimants to notify the change of field codings. Farmers also have the option at any time to put this land into ‘production’ and can then notify RPA at the time of their next SPS claim in the spring.

The situation is similar in relation to GAEC 9 (overgrazing and unsuitable supplementary feeding on natural and semi-natural grassland), where exceptional conditions exist and this is necessary for animal’s health or welfare, these activities are permissible, but should be recorded on the claimant’s Soil Protection Review.

During this period it is likely that Statutory Authorities or those acting on their behalf may need access to claimant’s land following the flooding for such activities as watercourse clearance and emergency or remedial works, this situation is covered in the Cross Compliance Handbook 2006 (paragraph 206) which confirms that third parties coming onto farmland under their statutory authority such as for carrying out emergency works will not effect farmers cross compliance. It would be best if farmers notify RPA and record any soil damage on their Soil Protection Review.