
1 
These Regulations may be cited as the Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 3) Regulations 2009 and come into force on 7th November 2009.
2 
The Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008 are amended in accordance with regulations 3 to 9.
3 
In regulation 2 (interpretation)—
(a) in the definition of “Commission Regulation 796/2004”, omit “Council Regulation (EC) No. 1782/2003” and insert “Council Regulation 73/2009”; and
(b) omit the definition of “Council Regulation 1782/2003”; and at the appropriate place insert—“
 “Council Regulation 73/2009” means Council Regulation (EC) 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No. 1290/2005, (EC) No. 247/2006, (EC) No. 378/2007 and repealing Regulation (EC) No. 1782/2003”.
4 
In regulation 7 (eligible land)—
(a) in paragraph 7—(1)(a)(i) for “Article 22 of Council Regulation 1782/2003” insert “Article 19 of Council Regulation 73/2009”; and
(b) in paragraph 7—(1)(a)(i) and (ii) and in paragraph (2) for “Article 20 of Council Regulation 1782/2003” substitute in each case “Article 17 of Council Regulation 73/2009”.
5 
In regulation 9 (undertakings) in paragraph (5)(a) for “Article 4 of and Annex III to Council Regulation 1782/2003” substitute “Article 5 of and Annex II to Council Regulation 73/2009”.
6 
In regulation 12 (claims and payment) in paragraph (3)(a)(iii) for “Article 20 of Council Regulation 1782/2003” substitute “Article 17 of Council Regulation 73/2009”.
7 
In Schedule 1 (interpretation of schedules)—
(a) after the definition of “coastal heath” insert—“
 “community woodland” means woodland where at least 50% of the planting is located within 1 kilometre of the homes of 2000 or more people following liaison and consultation with the community and designed to provide opportunities for public access and recreation;
 “control body” means an independent private third party organisation carrying out inspection and certification in organic production as in Article 2 of Council Regulation 834/2007;”;
(b) for the definition of “Council Regulation 2092/91” substitute—“
 “Council Regulation 834/2007” means Council Regulation (EC) No. 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No. 2092/91 as amended by Commission Regulation (EC) No. 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 834/2007 on organic production and labelling of organic products with regard to organic production, labelling and control and Commission Regulation (EC) No. 1235/2008 laying down detailed rules for implementation of Council Regulation (EC) No. 834/2007 as regards the arrangements for imports of organic products from third countries;”;
(c) in the definition “fully organic”, for “Council Regulation 2092/91” substitute “Council Regulation 834/2007”;
(d) omit the definition “organic certification body”; and
(e) for “an organic certification body” where this appears in the definitions “formally in conversion”, “full organic certification”, “fully organic” and “organic viability proposal”, substitute in each case “a control body”.
8 
In Schedule 2 (rural priorities options)—
(a) in part 1 (option activities and eligibility conditions and rates of payment), omit the preamble;
(b) in option 15 (conversion to and maintenance of organic farming) in column 2;
(i) in element A (conversion of land to organic production) in paragraph (2) sub-paragraphs (c) and (h) for “an organic certification body” in each case substitute “a control body”;
(ii) in sub-paragraph (d) for “2092/91” substitute “834/2007”;
(iii) in sub-paragraph (i) for “organic certification body” in each case substitute “control body”;
(iv) in element B (conversion of land to organic production in phases), in paragraph (3)(a)(i) for “an organic certification body” substitute “a control body”;
(v) in element C (maintenance of organic production), in paragraph (2) in sub‑paragraph (b) for “2092/91” substitute “834/2007” and in sub-paragraph (c) for “organic certification body” substitute in each case “control body”;
(c) in option 35 (creation and management of water margins and enhanced riparian buffer areas), in column 2, omit paragraph (2);
(d) in option 60 (woodland creation), in column 3, for “Supplementary payments of additional standard costs may be made” substitute “A supplementary payment of £1,500 per hectare may be made for a community woodland”;
(e) in option 62 (Woodland improvement grants) in column 3 after the paragraph “up to 100% of the standard costs for each item listed in Table D in Part 2” insert “Approved operations must be carried out and paid once during the 5 year contract period”;
(f) in Part 2, in table B, in the first column (woodland type), for “Native woodland” substitute “Native and riparian woodland (planting)” and for “Naturally regenerated native woodland” substitute “Native and riparian woodland (natural regeneration)” and in the fourth column (Minimum stocking density per hectare at year 5 or when considered to be ‘established’) for “1600” substitute “1100”;
(g) in Part 2 for Table C substitute—“

Woodland Type Establishment £/ha  Maintenance Standard Cost Rate £/ha/year 
Productive conifer woodland (low cost) 1724 161.39
Productive conifer woodland (high cost) 2064 186.40
Productive broadleaved woodland 3317 229.79
Native and riparian (planting model) 2802 218.20
Native and riparian (natural regeneration model) 905 101.60
Mixed conifer/broadleaf woodland 3063 222.40

The term ‘established’ means that trees must be present to the minimum stocking densities specified, healthy, and in a condition capable of continued growth given no further weeding but subject to normal ongoing maintenance operations such as protection from inappropriate grazing by wild or domestic animals.
An additional establishment premium for using genetically improved planting material is available as follows:
Categories of genetically improved planting material £ per hectare 
Sitka spruce seed orchard material that falls within the tested category in terms of regulation 4 of the Forest Reproductive Material (Great Britain) Regulations 2002 50 
Sitka spruce vegetatively propagated tested ‘family mixture’ material derived from controlled cross-pollination. 150 
”;
(h) in part 2 in table D (standard costs for forestry operations/capital items) at the item “Respace natural regeneration” in column 2 (standard cost) for “£500” substitute “£600”;
(i) in part 2 in table D at the item “restructuring with Caledonian Scots pine” and “restructuring with diverse conifers” in column 2 for “£448” substitute “£411.64”;
(j) in part 2 in table D at the item “Restructuring with mixed broadleaves”, in column 2 for “£1,002” substitute “£1,030.14”;
(k) in part 2 in table D at the item “Restructuring with native broadleaves”, in column 2 for “£1,099” substitute “£1,100”;
(l) in part 2 in table D in column 1 (item) before “Upgrading stock to deer fence” insert “New deer fence” and insert as the corresponding entry in column 2 “£7.25 per metre”.
9 
In Schedule 3 (standard payment rates for capital items)—
(a) in the preamble, for “an area related option” substitute “any of the rural priorities options numbered 15 to 57”;
(b) at the item “Manual eradication of rhododendron”, in column 2 (rate of payment), for “£3500” substitute “£3700”;
(c) in column 1 (capital item) for “Mechanised eradication of rhododendron with or without chemical follow up eradication” substitute “Mechanised (and/or chemical) eradication of rhododendron” and in the corresponding entry column 2 for “£850” substitute “£1750”;
(d) in column 1 omit the item “Chemical eradication of rhododendron” and in column 2 for this item omit “£850 per hectare of infested land”;
(e) at the item “Deer fence”, in column 2 for “£6.90” substitute “£7.25”.
10 
Regulation 3(b) of The Rural Development Contracts (Rural Priorities) (Scotland) Amendment (No. 2) Regulations 2009 is revoked.
RICHARD LOCHHEAD
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
30th September 2009