Act now to secure bad weather three-crop rule derogation

Growers in England who had crop drilling plans disrupted by bad weather must apply for a derogation to the three-crop rule before 30 June, warns the NFU .

Snow, ice and heavy rain across Europe in March and April prevented access to land for many growers and this meant they could not fulfil EU greening rules on crop diversification. 

See also: UK arable growers win three-crop rule exemption

The diversification regulation, or so-called three-crop rule, means at least three different crops must be grown on farms with more than 30ha of arable land.

On farms where the arable area exceeds 10ha, two or more different crops must be grown to qualify for greening payments.

Back in the spring it quickly became clear that low temperatures and soil conditions meant it was impossible to carry out the necessary fieldwork.

A number of EU member states applied for the rule to be suspended and Scotland, Northern Ireland and the rest of the UK followed suit.

To qualify Defra had to submit data on rainfall, rain days and temperatures to the EU Commission. While it was accepted the derogation could apply for the whole of Scotland and Northern Ireland, England’s farmers were required to submit an application based on their own location.

The derogation does not entirely suspend the diversification rule, warned NFU senior BPS adviser Richard Wordsworth.

“Where the requirement was three crops, the derogation will allow two without jeopardising payments, as long as the application is lodged by the 30 June deadline,” he said. 

Mr Wordsworth encouraged farmers who were prevented from drilling spring crops to act immediately.

“The application process is not at all onerous and does not require pages of form-filling,” he said.

To help growers understand the process, the NFU has drawn together a Q&A to provide advice to potential applicants.

What you need to know about the three-crop rule derogation

What parts of England does the wet weather derogation apply to? It applies across the whole of England. 

Does the derogation apply to all farmers who need to undertake greening? No, the derogation only applies to the rules for crop diversification and only to those farmers who would normally be required to have a minimum of three crops – in other words, those who have more than 30ha of arable land on their claim form. Farmers who have been affected by the wet weather can apply to the RPA for a derogation to allow them to have two crops instead of three.  

Does the derogation need to be applied for? Yes. Farmers affected must apply to the RPA to take advantage of this derogation. Derogation requests can either be made by email or by telephone, and must be received by the RPA by 30 June 2018. Send emails to ruralpayments@defra.gsi.gov.uk using the subject line “Wet weather derogation request”.

What information needs to be included? The following information should be provided in the body of the email:

• SBI and name of the business making the request
• A list of the affected land parcels
• What crops you intended to plant

If you are unable to email this information to the RPA, requests can be made by calling 03000 200301.

You will need to provide the RPA with all of the above information.

 Am I required to do anything else to take advantage of this derogation?It is important to keep evidence of your original cropping plans, as this may be required during an inspection.  

Why doesn’t this derogation apply to those farmers that are only required to have two crops (10-30ha of arable land)?The regulation does not allow for a derogation in this situation. However, there are force majeure and exceptional circumstances provisions that may also be applicable. Further information can be found on p109 of the 2018 BPS handbook.