European Council Regulation 73/2009 states that support under the Single Payment Scheme shall be granted to farmers upon activation of a payment entitlement per eligible hectare. An eligible hectare is defined as any agricultural area of the holding that is used for an agricultural activity. An agricultural activity is defined as "the production, rearing or growing of agricultural products including harvesting, milking, breeding animals and keeping animals for farming purposes, or maintaining the land in good agricultural and environmental condition as established in Article 6". Grassland could be maintained in GAEC by conducting an agricultural activity on it, such as grazing, harvesting forage crops, or by topping.
My Department in determining the eligibility of land for aid under the Single Payment Scheme was required to ensure that the above EU regulatory requirements were complied with.
Following the reform of the Common Agricultural Policy, the requirements in relation to land eligibility under the Basic Payment Scheme and other Direct Payment Schemes, contained in the Regulation (EU) No. 1307/2013 of the European Parliament and the Council and Commission Delegated Regulation (EU) No. 639/2014, differ from the requirements under the Single Payment Scheme. The new requirements implemented in Ireland provide that agricultural land must be maintained in a state suitable for grazing or cultivation without preparatory action going beyond usual agricultural methods and machineries.