GAEC 20 : Establishment of buffer strips along water courses in to GAEC from 1
January 2012.
Background
The CAP Health check introduced a requirement for Member states to introduce a Good
Agriculture and Environmental Condition (GAEC) measure to protect water against pollution
and run-off. Council Regulation 73/2009 specifies that the compulsory standard to be
introduced is the establishment of buffer zones along water courses. The standard to be
introduced by 1 January 2012.
In 73/2009 the Commission have established that –
“The GAEC buffer strips must respect, both within and outside vulnerable zones designated
pursuant to Article 3(2) of Directive 91/676/EEC, at least the requirements relating to the
conditions for land application of fertiliser near water courses, referred to in point A.4 of
Annex II to Directive 91/676/EEC to be applied in accordance with the action programmes of
Member States established under Article 5(4) of Directive 91/676/EEC”.
For Scotland this would require as a minimum; extending the rules pertaining to application
of fertiliser near water courses as set out in the Nitrate Vulnerable Zone (NVZ) action
programme to the remainder of the country.
Scotland does however have a degree of flexibility in setting the GAEC standard in order to
protect water courses.
At the stakeholder event in May an options paper was presented to stakeholders and views
were invited.
The purpose of this paper is to inform stakeholders on what the GAEC standard will
include having taken into account all submissions.
The options available ranged from requiring minimum standards as per the NVZ Action
Programme relating to land application of fertilisers near water courses, through to including
one or more elements of the GBRs or any other appropriate measures.
ANNEX 1 sets out the GAEC standard which it is proposed will be implemented from 1
January 2012..
Factors considered;
Certain elements of the NVZ Action Programme rules are more onerous than the GBRs.
Adopting the minimum standards as per The NVZ Action Programme will result in the 5m
minimum distance from surface water for application of Organic Fertiliser under GBR 18
being extended to 10m, and would also impact on the GBR relating to applying fertiliser on
sloping land.

It was considered that this additional requirement will have an impact within
catchments outwith the existing Nitrate Vulnerable Zones and that this may have a
significant impact in reducing risk of DP in many priority catchments particularly in
South West Scotland.
The proposal for introducing a Greening element to Pillar 1 in the post 2013 CAP
discussions may present an opportunity to strengthen GAEC standards relating to water
quality.

WFD may be included within Cross Compliance in future, however at this stage few
countries are as advanced as Scotland in implementing legislation on the lines of the
GBRs.
Diffuse Pollution awareness raising is a key component of River Basin Management
Planning and SEPA catchment walks and RPID GBR inspections contribute to this
awareness raising.

The approach taken by SEPA in implementing the Diffuse Pollution GBRs has been
supported by the industry and while catchment walking and awareness raising stage
continues there is a concern that including GBRs within the cross compliance regime
at this time could undermine some of the good work which has been taking place.
The Standards adopted must be ‘verifiable’ and sufficient to withstand audit scrutiny.

Inclusion of the requirement under GBR 20 for a 2m uncultivated zone was seriously
considered. However at this stage it was considered that we will continue to address
this issue through RPID’s inspection regime providing guidance where appropriate
and escalating serious issues to SEPA where necessary. A 2 metre uncultivated strip
would go further than England’s GAEC 14 which requires farmers to take all take all
reasonable steps to maintain a green cover on land within 2 metres of the centre of a
hedgerow, watercourse or field ditch; and to take all reasonable steps to maintain a
green cover on land between the edge of the watercourse or field ditch and 1 metre
on the landward side of the top of the bank.
NEXT STEPS
Changes intimated to stakeholders – August 2011
Farmers – guidance updated – December 2011
Common Agricultural Policy Schemes (Cross Compliance) (Scotland) Regulations 2004 to
be amended before 1 January 2012.
ANNEX 1
GAEC 20 Establishment of Buffer Zones along water courses
The aim of these rules is to protect water against pollution and run-off from agricultural
sources.
1. Organic manure must not be applied to any land which is situated within;
 -10 metres of any surface water;
 -50 metres of a spring, well or borehole.
2. Storage of solid manure2 in Temporary Field Heaps
Field heaps must not be located within 10m of any surface water or 50m of a well, borehole
or similar structure used as a water supply
3. Chemical (nitrogen) fertiliser must not be applied to any land in any case, location or
manner that makes it likely that the fertiliser will directly enter any surface water.
Nitrogen fertiliser must not be applied to any land if there is a significant risk of nitrogen
entering surface water, taking into account–
(a)
the slope of the land, particularly if greater than 12 degrees;
(b)
any ground cover;
(c)
proximity to any surface water;
(d)
weather conditions; and
(e)
the type of fertiliser being applied.
Further information
If your farm is in a Nitrate Vulnerable Zone and you are meeting the requirements under
Nitrate Vulnerable Zones (NVZs) SMR 4 you will also meet the requirements under this
GAEC.
In order to protect water quality SGRPID reminds farmers of the requirements of the Diffuse
Pollution General Binding Rules (GBRs) CAR Practical Guide . Although some elements of the
GBRs are subject to cross compliance under the NVZ regulations or Water Environment
(Controlled Activities)(Scotland) Regulations 2005, adherence to the GBRs themselves is
not currently a requirement of Cross Compliance nevertheless a breach of these regulations
could lead to enforcement action by SEPA.
1
Surface waters include lakes, rivers, streams and ditches which contain free water and also temporary dry
ditches and blind ditches.
2
Solid manure – means organic manure which can be stored or stacked in a freestanding heap without
slumping and does not produce free drainage of liquid from within the stacked material.