Arable Area Payments (Amendment) Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/1482 |
| Year | 1996 |
1996 No. 1482
AGRICULTURE
The Arable Area Payments (Amendment) Regulations 1996
Made 5th June 1996
Laid before Parliament 10th June 1996
Coming into force 1st July 1996
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the common agricultural policy of the European Community, acting jointly in the exercise of the powers conferred on them by that section, and of all other powers enabling them in that behalf, hereby make the following Regulations:—
Title, extent and commencement
1. These Regulations may be cited as the Arable Area Payments (Amendment) Regulations 1996, shall extend to Great Britain and shall come into force on 1st July 1996.
Amendments to the Arable Area Payments Regulations 1995
2.—(1) The Arable Area Payments Regulations 19953shall be amended in accordance with the following paragraphs of this regulation.
(2) In paragraph (1) of regulation 2 (interpretation)—
(a)
(a) in the definition of “agricultural plot” for the phrase which begins with “Article 2(1)(e)” and ends with “2780/92” there shall be substituted “Article 3(1)(d) of Commission Regulation 658/96”;
(b)
(b) the definitions of “Commission Regulation 2294/92”, “Commission Regulation 2295/92” and “Commission Regulation 2780/92” shall be deleted;
(c)
(c) in the definition of “Commission Regulation 3887/92” for “Commission Regulation (EC) No. 229/954” there shall be substituted “Commission Regulation (EC) No. 2015/955”;
(d)
(d) in the definition of “Commission Regulation 334/93” for “Commission Regulation (EC) No. 1870/956” there shall be substituted “Commission Regulation (EC) No. 2991/957”;
(e)
(e) in the definition of “Commission Regulation 762/94” for “Commission Regulation (EC) No. 229/95” there shall be substituted “Commission Regulation (EC) No. 2930/958”;
(f)
(f) after the definition of “Commission Regulation 762/94” there shall be inserted the following definition—
“‘Commission Regulation 658/96’ means Commission Regulation (EC) No. 658/96on certain conditions for granting compensatory payments under the support system for producers of certain arable crops9”;
(g)
(g) in the definition of “Council Regulation 2092/91” for “Commission Regulation (EC) No. 2381/9410” there shall be substituted “Commission Regulation (EC) No. 418/9611”;
(h)
(h) in the definition of “Council Regulation 1765/92” for “Council Regulation (EC) No. 1460/9512” there shall be substituted “Council Regulation (EC) No. 2989/9513”;
(i) in the definition of “Council Regulation 2078/92” after “countryside” there shall be added “as last amended by Commission Regulation (EC) No. 2772/9514”;
(j)
(j) in the definition of “eligible land”—
(i) in sub-paragraph (b) for “the Annex to Commission Regulation 2780/92” there shall be substituted “Annex I to Commission Regulation 658/96”,
(ii) in sub-paragraph (c) before the phrase “Article 3(3) of Commission Regulation 2780/92” there shall be added “with” and after that phrase there shall be added “or Article 2(4) of Commission Regulation 658/96”, and
(iii) in sub-paragraph (d) for “Article 3(4) of Commission Regulation 2780/92” there shall be substituted “Article 2(5) of Commission Regulation 658/96”; and
(k)
(k) for the definition of “farm-saved rapeseed” there shall be substituted the following definition—
“‘farm-saved rapeseed’ means seed which—
(a) is the product of a harvest obtained from the planting, on a particular holding, of certified seed of a variety listed in Annex II to Commission Regulation 658/96, and
(b) is, or is to be, sown on the same holding;”.
(3) In paragraph (1) of regulation 5 (minimum size of agricultural plot) for the phrase beginning with “Article 2(1)(e)” and ending with “2780/92,” there shall be substituted “Article 3(1)(d) of Commission Regulation 658/96”.
(4) In paragraph (1) of regulation 5A (exchanges of eligible and ineligible land) for “Article 3(4) of Commission Regulation 2780/92” there shall be substituted “Article 2(5) of Commission Regulation 658/96”.
(5) For regulation 10 (requirements in relation to rapeseed), there shall be substituted—
“Requirements in relation to rapeseed
10.—(1) Subject to paragraphs (2) to (5) inclusive of this regulation, access to the compensatory payments in respect of rapeseed and colzaseed referred to in paragraph (3) of Article 4 of Commission Regulation 658/96 shall be permitted for each of the seed categories listed at sub-paragraphs (a) to (e) inclusive of that paragraph.
(2) In respect of the seed category listed in Article 4(3)(b) of Commission Regulation 658/96—
(a)
(a) a farmer who sows any variety of seed of that category on his holding shall not be entitled to receive compensatory payments in respect of the land sown with that seed unless that seed is qualifying seed and has been cleaned and dressed separately from any farm-saved rapeseed of a different variety produced on that holding and from seed not produced on that holding;
(b)
(b) for the purposes of sub-paragraph (a) above, seed is qualifying seed if it was harvested—
(i) during the pre-sowing harvest; or
(ii) subject to sub-paragraph (c) below, during the harvest immediately preceding the pre-sowing harvest; and
(b)
(b) seed harvested during the harvest immediately preceding the pre-sowing harvest is qualifying seed for the purposes of sub-paragraph (a) above only if—
(i) climatic conditions during the pre-sowing harvest were such that it was either not possible to harvest farm-saved rapeseed or not possible to clean and dress it as specified in sub-paragraph (a) above or to obtain the results of the mandatory analysis before the time at which it would be necessary to sow seed in order to obtain a successful crop; and
(ii) the farmer has informed the seed sampler, before sowing such seed, that he intended to sow it because the conditions of paragraph (i) above were satisfied.
(3) In respect of the seed category listed in Article 4(3)(c) of Commission Regulation 658/96, seed sown or to be sown by a farmer shall be regarded as registered for inspection and control as required by that provision where—
(a)
(a) sufficient documentary evidence to show the intended use of the crop of that seed (as specified in that provision) comes into being before the sowing of that seed; and
(b)
(b) a copy of such evidence is lodged with the Minister not later than the application for the compensatory payment in respect of the land on which that seed is or is to be sown.
(4) In respect of the seed category listed in Article 4(3)(d) of Commission Regulation 658/96—
(a)
(a) a person who wishes to be specially approved as a buyer (as referred to in that provision) shall apply to the Minister for approval in such form as the Minister may reasonably require;
(b)
(b) subject to sub-paragraphs (c), (d) and (e) below, the Minister shall approve such an application;
(b)
(b) the Minister may refuse an application if he believes that such a refusal is necessary to ensure that seed is not diverted from an intended use referred to in that provision;
(d)
(d) the Minister may revoke such an approval at any time after it has been given if he believes that such a revocation is necessary to ensure that seed is not diverted from an intended use referred to in that provision; and
(e)
(e) such an approval, refusal or revocation shall be given in writing to the person concerned and in the case of a refusal or revocation shall state the reasons for the Minister’s belief.
(5) In respect of the seed category listed in Article 4(3)(e) of Commission Regulation 658/96—
(a)
(a) a person who wishes to be approved as a first buyer (as referred to in that provision) shall apply to the Minister for approval in such form as the Minister may reasonably require;
(b)
(b) subject to sub-paragraphs (c), (d) and (e) below, the Minister shall approve such an application;
(b)
(b) the Minister may refuse an application if he believes that such a refusal is necessary to ensure that seed is not diverted from an intended use referred to in that provision;
(d)
(d) the Minister may revoke such an approval at any time after it has been given if he believes that such a revocation is necessary to ensure that seed is not diverted from an intended use referred to in that provision; and
(e)
(e) such an approval, refusal or revocation shall be given in writing to the person concerned and in the case of a refusal or revocation shall state the reasons for the Minister’s belief.
(6) For the purposes of Article 3(1)(b) of Commission Regulation 658/96 (which restricts eligibility for compensatory payments in respect of arable crops to areas fully sown in accordance with local standards)—
(a)
(a) a farmer who sows—
(i) a crop of winter high erucic acid rapeseed within 50 metres of a crop of previously sown winter double zero rapeseed;
(ii) a crop of spring high erucic acid rapeseed within 50 metres of a crop of previously sown spring double zero rapeseed;
(iii) a crop of winter double zero rapeseed within 50 metres of a crop of previously sown winter high erucic acid rapeseed; or
(iv) a crop of spring double zero rapeseed within 50 metres of a crop of previously sown spring high erucic acid rapeseed,
shall not be recognised as having sown that crop in accordance with local standards; and
(b)
(b) a farmer who, in any case referred to in paragraphs (i) to (iv) of sub-paragraph (a) above, has also sown the previously sown crop, shall not be recognised as having sown that previously sown crop in accordance with local standards.
(7) As provided for in Article 4 of Commission Regulation 334/93 (which permits exclusion of particular raw materials from the scheme implemented by that Regulation if they raise difficulties as regards...
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