Organic Farming (Aid) Regulations 1994
| Jurisdiction | UK Non-devolved |
1994 No. 1712
AGRICULTURE
The Organic Farming (Aid) Regulations 1994
Made 29th June 1994
Laid before Parliament 1st July 1994
Coming into force 22th July 1994
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated for the purposes of section 2(2) of the European Communities Act 1972 in 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:—
Title, extent and commencement
1. These Regulations may be cited as the Organic Farming (Aid) Regulations 1994, shall come into force on 22nd July 1994 and shall apply to England and Wales.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“aid” means the payments under the scheme for the granting of aid to farmers who undertake to introduce organic farming methods as specified in Article 2(1)(a) of Council Regulation 2078/92;
“application” means an application for aid made in accordance with regulation 5, and “applicant” and “apply” shall be construed accordingly; “authorised person” means a person (whether or not an officer of the Minister) who is authorised by the Minister, either generally or specially, to act in matters arising under these Regulations;
“beneficiary” in relation to a holding means—
(a) a person whose application in relation to that holding has been accepted by the Minister; or
(b) a person who occupies that holding following a change of occupation of that holding and who has given an undertaking to comply with the obligations relating to that holding assumed by its previous occupier in relation to an application;
“conversion period” means the period, determined in accordance with regulation 3(4), during which organic farming is being introduced on a holding which at the date of commencement of such period is not cultivated by organic farming methods;
“Council Regulation 2092/91” means Council Regulation (EEC) No. 2092/91on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs3as amended4;
“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 countryside5;
“fully organic” in relation to a holding means that—
(a) notification having been given under Article 8 of Council Regulation 2092/91, details of such holding appear in the list referred to in that Article and made available by the inspection authority, and
(b) the conversion period in respect of that holding has been completed;
“holding” means land which is occupied as a unit for agricultural purposes and, except in regulations 4, 5 and 8, includes a part of such land;
“inspection authority” means the authority designated by the Organic Products Regulations 19926for the purposes of Article 8 (reception of notifications and making available updated lists with details of persons undertaking organic farming) or Article 9 (inspection system to which organic farming is subject) of Council Regulation 2092/91, as appropriate, and which has responsibility for carrying out such functions in relation to the holding in respect of which an application has been made;
“landlord” means, in relation to the tenant of a holding, any person who either solely or jointly owns or has a superior tenancy of that holding;
“less-favoured land” means land which is situated—
(a) within the area included in the list of less-favoured farming areas established under Article 2(2) of Council Directive 75/268/EECon mountain and hill farming and farming in less-favoured areas7, as amended by Council Directive 80/6/EEC8, which list is contained in Council Directive 84/169/EEC9, as amended by Commission Decision 91/25/EEC10; and
(b) within the area shaded blue or shaded pink on the designated maps, as defined in regulation 2(a) of the Hill Livestock (Compensatory allowances) Regulations 199211.
“Minister” means in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales, the Secretary of State;
“organic farming” has the same meaning as in Article 2(1)(a) of Council Regulation 2078/92;
“specified period” means—
(a) the conversion period of the holding in respect of which an application is made, together with
(b) the period of three years immediately following such conversion period;
“tenant” means a person who occupies a holding either—
(a) under an agreement for the letting of land for a tenancy from year to year; or
(b) under an agreement which has effect by virtue of section 2(1) of the Agricultural Holdings Act 198612as an agreement for the letting of land for a tenancy from year to year; or
(c) under a contract of tenancy for a fixed term of years of which at least five years remain unexpired at the commencement of the specified period;
“UKROFS standards” means the production standards for organic farming prescribed by and published by the Ministry of Agriculture, Fisheries and Food and known as the United Kingdom Register of Organic Food Standards.
(2) Any reference in these Regulations to a numbered regulation or paragraph shall be construed as a reference to the regulation or paragraph so numbered in these Regulations.
Aid for Organic Farming
3.—(1) Subject to the provisions of these Regulations, the Minister may make payments of aid to an applicant who—
(a)
(a) satisfies the conditions of eligibility specified in regulation 4; and
(b)
(b) makes an application in accordance with regulation 5 and also complies with any requirements made by the Minister under that regulation.
(2) Payments of aid shall be restricted to—
(a)
(a) subject to paragraphs (4) to (7) below, the specified period; and
(b)
(b) 300 hectares per holding.
(3) Subject to paragraphs (4) to (7) below, the amount of aid payable to a beneficiary shall be calculated in accordance with the Schedule to these Regulations.
(4) For the purposes of these Regulations, the date of commencement and duration of the conversion period in relation to any holding in respect of which an application is made shall be determined by the inspection authority.
(5) Subject to paragraphs (6) and (7) below, aid shall be payable to an applicant from the date on which his application has been accepted by the Minister and notified to him in accordance with regulation 6.
(6) Subject to paragraph (7) below, where the conversion period of any holding has commenced on a date prior to the date on which the Minister has accepted an application in respect of such holding, the Minister may make payments of aid in respect of that holding from the date of commencement of the conversion period of that holding.
(7) Aid at the rate specified in the Schedule as payable for the conversion period shall not be payable in respect of any holding—
(a)
(a) from a date prior to the date on which the application relating to that holding was received by the Minister;
(b)
(b) for a period exceeding two years.
(8) Aid shall not be payable in respect of any holding which—
(a)
(a) at the date of the making of an application in respect thereof, is fully organic; or
(b)
(b) has been fully organic at any time after 9th August 1993 and before the date of the making of an application in respect thereof.
Conditions of eligibility
4.—(1) An applicant shall be eligible to make an application if—
(a)
(a) at the date of his application, he is the lawful occupier of a holding and intends to remain in such occupation for the specified period;
(b)
(b) at the date of his application, his holding is not less than one hectare; and
(c)
(c) he complies with the following paragraphs of this regulation.
(2) The applicant shall—
(a)
(a) give notification in accordance with Article 8(1)(a) of Council Regulation 2092/91 and submit his holding to inspection as required by Article 8(1)(b) of that Regulation; and
(b)
(b) ensure that the organic farming of his holding conforms to UKROFS standards.
(3) If, at the date of his application, the applicant has introduced organic farming on a part only of his holding, he shall undertake to continue with such farming on that part of his holding for the specified period.
(4) If, at the date of his application, the applicant has not introduced organic farming on any part of his holding, he shall undertake to introduce organic farming on that holding or part thereof in respect of which he has made that application and which shall not be less than one hectare in extent, within a period of twelve months from the date of such application, or such longer period as the Minister may agree with the applicant and confirm to him in writing, and to continue with such farming on that holding or part for the specified period.
(5) Where a beneficiary who proposes to undertake organic farming on a part of his holding in addition to that referred to in paragraphs (3) and (4) above makes an application in relation to such additional part of his holding, he shall undertake—
(a)
(a) to introduce organic farming on such additional part of his holding within a period of twelve months from the date of such application, or such longer...
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