Confusion still reigns over the eligibility of orchards under the new European Single Payment Scheme (SPS). Food and farming minister Larry Whitty announced this week that traditional orchards with the potential for dual use will be eligible under the SPS.

He said Defra had commissioned the Central Science Laboratory, in August, to research possible criteria for the inclusion of traditional orchards into the scheme and CSL is set to publish its report soon. Any criteria it recommends will then need to run by the European Commission. An age for traditional orchards has not yet been set, contrary to the Journal's reporting of Defra's information last week.

Land used for permanent crops cannot be used to support a claim, however existing guidance from the European Commission does allow land in dual use, such as traditional grazed orchards to claim subsidy. And grounds for claiming are only under certain circumstances, which, as yet, have still to be defined.

Whitty said the government's intention, subject to the final wording of the updated Commission guidance, is: "Traditional orchards with the potential for dual use will in future be eligible for payment, provided they have the potential to be grazed and meet the cross compliance standards."

He said the CSL report would provide the basis for simple guidelines to determine eligibility.

But the National Farmers' Union says a number of questions remain unanswered. "Defra's announcement is a good first step, but farmers still require further information on how SPS will apply to cross-border holdings and common land." Said Meurig Raymond, NFU vice-president.

Orchard growers will also be able to apply to the new Higher Level Stewardship scheme when it is launched next year, which will have options for traditional orchards covering environmental management and provision of public access where appropriate.

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