Arable Area Payments Regulations 1995

JurisdictionUK Non-devolved
CitationSI 1995/1738
Year1995

1995 No. 1738

AGRICULTURE

The Arable Area Payments Regulations 1995

Made 5th July 1995

Laid before Parliament 10th July 1995

Coming into force 31th July 1995

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 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:—

S-1 Title, extent and commencement

Title, extent and commencement

1. These Regulations may be cited as The Arable Area Payments Regulations 1995, shall apply to Great Britain and shall come into force on 31st July 1995.

S-2 Interpretation

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

“agricultural land” has—

(a) in relation to land in England or Wales, the same meaning as in section 1(4) of the Agricultural Holdings Act 19863; and

(b) in relation to land in Scotland, the same meaning as in section 1(2) of the Agricultural Holdings (Scotland) Act 19914;

“agricultural parcel” has the same meaning as in Article 1(4) of Council Regulation 3508/92 as read with the first indent of Article 6(1) of that Regulation;

“agricultural plot” means a cultivated plot as referred to in Article 2(1)(e) of Commission Regulation 2294/92 or in Article 2(e) of Commission Regulation 2295/92 or a separate piece of an area as referred to in Article 4(3) of Commission Regulation 2780/92;

“arable compensatory payment” means a compensatory payment other than a compensa tory payment made in respect of set-aside land;

“arable crop” has the same meaning as in Article 1(2) of Council Regulation 1765/92;

“authorised person” means any person who is authorised by the Minister, either generally or specially, to act in matters arising under these Regulations;

“collector” has the same meaning as in Article 1 of Commission Regulation 334/93;

“combinable crop” means any crop commonly harvested using a combine harvester;

“Commission Regulation 2294/92” means Commission Regulation (EEC) No. 2294/92on detailed rules for the application of the support system for producers of the oilseeds referred to in Council Regulation 1765/925, as last amended by Commission Regulation (EC) No. 762/956;

“Commission Regulation 2295/92” means Commission Regulation (EEC) No. 2295/92on detailed rules for the application of the support system for producers of the protein crops referred to in Article 6 of Council Regulation 1765/927, as last amended by Commission Regulation (EC) No. 3347/938;

“Commission Regulation 2780/92” means Commission Regulation (EEC) No. 2780/92on the conditions for the grant of compensatory payments under the support system for producers of certain arable crops9, as last amended by Commission Regulation (EC) No. 868/9510;

“Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes11as last amended by Commission Regulation (EC) No. 229/9512;

“Commission Regulation 334/93” means Commission Regulation (EEC) No. 334/93laying down detailed implementing rules for the use of land set aside for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption13, as amended by Commission Regulation (EC) No. 608/9414;

“Commission Regulation 2595/93” means Commission Regulation (EEC) No. 2595/93laying down detailed rules as regards the use of land set aside for the production of multiannual raw materials for the manufacture within the Community of products not intended for human or animal consumption15;

“Commission Regulation 762/94” means Commission Regulation (EC) No. 762/94laying down detailed rules for the application of Council Regulation 1765/92 with regard to the set-aside scheme16as last amended by Commission Regulation (EC) No. 229/95;

“compensatory payment” means a compensatory payment under Article 2(2) of Council Regulation 1765/92;

“Council Regulation 2092/91” means Council Regulation (EEC) No. 2092/91on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs17as last amended by Commission Regulation (EC) No. 2381/9418;

“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92establishing a support system for producers of certain arable crops19(as last amended by Council Regulation (EC) No. 1460/9520) as read with Commission Regulation (EEC) No. 3738/9221and Council Regulation (EC) No. 2990/9422;

“Council Regulation 2078/92” means Council Regulation (EEC) No. 2078/92on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside23;

“Council Regulation 2080/92” means Council Regulation (EEC) No. 2080/92instituting a Community aid scheme for forestry measures in agriculture24;

“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92establishing an integrated administration and control system for certain Community aid schemes25as last amended by Council Regulation (EC) No. 3233/9426;

“eligible land” means land—

(a) for which aid has been granted under Title I of Council Regulation (EEC) No. 2328/91on improving the efficiency of agricultural structures27or in respect of which an application for direct payments has been accepted under Council Regulation (EEC) No. 3766/91establishing a support system for producers of soya beans, rape seed, colza seed and sunflower seed28;

(b) not under permanent pasture (as defined in the Annex to Commission Regulation 2780/92), permanent crops (as defined in the same Annex), forest or non-agricultural uses on 31 December 1991;

(c) which the Minister has declared to be eligible land in accordance with the third paragraph of Article 9 of Council Regulation 1765/92 and Article 3(3) of Commission Regulation 2780/92; or

(d) which falls to be treated as eligible land in accordance with the fourth paragraph of Article 9 of Council Regulation 1765/92 and Article 3(4) of Commission Regulation 2780/92,

except for land which the Minister has declared, in accordance with the second, third or fourth paragraph of Article 9 of Council Regulation 1765/92, no longer to be eligible land.

“environmental transferred set-aside land” means all land set aside by a farmer to satisfy the set-aside requirement of another farmer, except for land in respect of which evidence showing that it falls within the location specified in regulation 9(3)(a) has been provided by the transferee (as therein defined);

“farmer” means a farmer within the meaning of Article 1(4) of Council Regulation 3508/92 who applies to the Minister for a compensatory payment;

“farm-saved rapeseed” means seed conforming to the provisions of Article 3(1)(b) of Commission Regulation 2294/92;

“flexible set-aside land” means land set aside pursuant to the set-aside requirement or the option to set aside, except for rotational set-aside land;

“green cover” means a green cover established or, as the case may be, falling to be established in accordance with Schedule 2;

“green cover season” means the period commencing on 15th January and ending on 30th April in the same year;

“guaranteed set-aside land” means flexible set-aside land which a farmer has undertaken to keep set aside for five successive marketing years pursuant to Article 5(1) of Commission Regulation 762/94;

“holding” has the same meaning as in Article 1(4) of Council Regulation 3508/92;

“land set aside for non-food purposes” means land set aside for the provision of raw materials for the manufacture within the European Community of products not primarily intended for human or animal consumption, in accordance with either Commission Regulation 334/93 or Commission Regulation 2595/93;

“legal requirement” , in relation to a farmer, means an obligation which the Minister is satisfied is legally binding on the farmer;

“the Minister” means—

(a) in relation to England, the Minister of Agriculture, Fisheries and Food; and

(b) in relation to Wales or Scotland, the Secretary of State;

“the option to set aside” means the option (under Article 7(6) Council Regulation 1765/92 and subject to the requirements thereof) for a farmer to set aside more land than would be required to satisfy his set-aside requirement;

“organic waste” means any waste material produced by or from animals or plants as a by-product of agricultural production, including animal bedding;

“penalty set-aside land” means land set aside to satisfy the penalty set-aside requirement;

“penalty set-aside requirement” means the requirement referred to in the second indent of the first sub-paragraph of Article 2(6) of Council Regulation 1765/92;

“permitted agricultural production” means—

(a) the production of products for non-food purposes in accordance with Commission Regulation 334/93 or Commission Regulation 2595/93; and

(b) during the period commencing on 1st September and ending on the following 14th January the use of set-aside land for keeping and feeding animals and the harvesting of crops from that land in circumstances where—

(i) no payment or benefit in kind is received by the farmer in respect of such use or harvesting; and

(ii) such use or harvesting is not required to be prohibited by Article 3(3) of Commission Regulation 762/94;

“processor” means a processor referred to in Article 11 of Commission Regulation 334/93;

“production region” has the same meaning as in Article 3 of Council Regulation 1765/92;

“rotational set-aside land” means land set aside (pursuant to the set-aside requirement or the option to set aside) in accordance with Article 4(1) of Commission Regulation 762/94;

“scheme year” means a year beginning on 15th January and ending...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT