Arable Area Payments Regulations 1996
| Jurisdiction | UK Non-devolved |
| Citation | SI 1996/3142 |
1996 No. 3142
AGRICULTURE
The Arable Area Payments Regulations 1996
Made 10th December 1996
Laid before Parliament 18th December 1996
Coming into force 15th January 1997
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of subsection (2) of section 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 subsection, 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 Regulations 1996, shall extend to Great Britain and shall come into force on 15th January 1997.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires–
“accepted organic farmer” means a farmer who–
(a) satisfies the Minister that he farms the land by organic means or is converting to so farming the land; and
(b) has pursuant to Article 8(1) of Council Regulation 2092/91 notified the appropriate Minister (as defined by regulation 2(1) of the Organic Products Regulations 19923) that by so farming the land or converting it as aforesaid he produces products of a kind specified in Article 1 of that Regulation and has submitted to the inspection system referred to in its Article 9;
“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 19864; and
(b) in relation to land in Scotland, the same meaning as in section 1(2) of the Agricultural Holdings (Scotland) Act 19915;
“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;
“Annex I raw materials” means specified raw materials other than the raw materials listed in Annex II to Commission Regulation 334/93;
“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 specifically, 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 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 crops6;
“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 schemes7;
“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 consumption8;
“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 scheme9;
“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 crops10;
“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 foodstuffs11;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92establishing a support system for producers of certain arable crops12as read with Commission Regulation (EEC) No. 3738/9213and Council Regulation (EC) No. 1598/9614;
“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 countryside15;
“Council Regulation 2080/92” means Council Regulation (EEC) No. 2080/92instituting a Community aid scheme for forestry measures in agricultre16;
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92establishing an integrated administration and control system for certain Community aid scheme17;
“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 structures18or in respect of which an application for direct payments has been accepted under Council Regulation (EEC) No. 3766/91establising a support system for producers of soya beans, rapeseed, colza seed and sunflower seed19;
(b) not under permanent pasture (as defined in Annex I to Commission Regulation 658/96), 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 with either Article 3(3) of Commission Regulation 2780/92 or Article 2(4) of Commission Regulation 658/96; or
(d) which falls to be treated as eligible land in accordance with the fourth paragraph of Article 9 of Council Regulation 1765/92, Article 2(5) of Commission Regulation 658/96 and regulation 6,
except land which–
(a) the Minister has declared, in accordance with the third paragraph of Article 9 of Council Regulation 1765/92 and with either Article 3(3) of Commission Regulation 2780/92 or Article 2(4) of Commission Regulation 658/96, no longer to be eligible land; or
(b) which no longer falls to be treated as eligible land, in accordance with the fourth paragraph of Article 9 of Council Regulation 1765/92, Article 2(5) of Commission Regulation 658/96 and regulation 6;
“environmental transferred set-aside land” means all land set aside by a farmer to satisfy the set-aside requirement of another farmer, except land in respect of which evidence showing that it falls within a location such as if specified in regulation 10(3)(a) has been provided by a transferee (as defined by regulation 10(2));
“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 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 that holding;
“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 in a given year and ending on 30th June in the same year;
“guaranteed set-aside land” means 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 (in accordance with Commission Regulation 334/93) for the provision of raw materials for the manufacture within the European Community of products not primarily intended for human or animal consumption;
“legal requirement”, in relation to a farmer, means an obligation which the Minister is satisfied on reasonable grounds 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 the rest of Great Britain, the Secretary of State;
“the option to set aside” means the option (under Article 7(6) of Council Regulation 1765/92) for a farmer to set aside more land than is 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, and includes 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, during the period commencing on 1st September in any given year and ending on the following 14th January, the use of set-aside land for the keeping and feeding of animals or for the harvesting of crops from it, in circumstances where–
(a) no payment or benefit in kind is received by the farmer in respect of such use or harvesting; and
(b) 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;
“scheme year” means a year beginning on 15th January and ending on the following 14th January;
“seed crop” means a crop grown so that the seed of the crop may be harvested and sown to establish a further crop;
“set aside” means withdraw, or as the case may be withdrawn, from agricultural production other than permitted agricultural production or (in accordance with Commission Regulation 334/93) the provision of raw materials for the manufacture within the European Community of products not primarily intended for human or animal consumption;
“set-aside compensatory payment” means a compensatory payment made in respect of set-aside land, as...
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