The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2015

JurisdictionScotland
CitationSSI 2015/185

2015No. 185

AGRICULTURE

The Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2015

29thApril2015

1stMay2015

9thJune2015

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972( 1) and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Scottish Ministers that it is expedient for references to the Direct Payments Regulation, the Horizontal Delegated Regulation, the Horizontal Implementing Regulation and the Horizontal Regulation (as defined by virtue of regulation 3) to be construed as references to those instruments as amended from time to time.

Citation and commencement

1. These Regulations may be cited as the Less Favoured Area Support Scheme (Scotland) Amendment Regulations 2015 and come into force on 9th June 2015.

Amendment of the Less Favoured Area Support Scheme (Scotland) Regulations 2010

2. The Less Favoured Area Support Scheme (Scotland) Regulations 2010( 2) are amended in accordance with regulations 3 to 19.

3. In regulation 2(1) (interpretation)-

(a) after the definition of "alpaca" insert-

""applicable year" is to be construed in accordance with regulation 9(8);";

(b) the definition of "area aid application" is omitted;(c) for the definition of "competent authority" substitute-

""competent authority"-

(a) in relation to a Scheme Year commencing before 1st January 2015, has the same meaning as in regulation 3 of the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009( 3); and(b) in relation to a Scheme Year commencing on or after 1st January 2015, has the same meaning as it has in regulations 2(1) and 3 of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014( 4);";(d) for the definition of "cross compliance" substitute-

""cross-compliance"-

(a) in relation to a Scheme Year commencing before 1st January 2015, has the same meaning as it has for the purposes of Article 5 and Annex II and Article 6 and Annex III of Council Regulation 73/2009( 5); and(b) in relation to a Scheme Year commencing on or after 1st January 2015, has the same meaning as it has for the purposes of Articles 93 and 94 and Annex II of the Horizontal Regulation( 6);";(e) after the definition of "designated maps" insert-

""Direct Payments Regulation" means Regulation (EU) No 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008and Council Regulation (EC) No 73/2009, as amended from time to time( 7);";

(f) after the definition of "forage area" insert-

""force majeure or exceptional circumstances" is to be construed in accordance with Article 2(2) of the Horizontal Regulation;";

(g) for the definition of "holding" substitute-

""holding"-

(a) in relation to a Scheme Year commencing before 1st January 2015, has the same meaning as it has for the purposes of Article 2(b) of Council Regulation 73/2009; and(b) in relation to a Scheme Year commencing on or after 1st January 2015, has the same meaning as it has in Article 4(1)(b) of the Direct Payments Regulation;";(h) after the definition of "holding" insert-

""Horizontal Delegated Regulation" means Commission Delegated Regulation (EU) No 640/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance( 8), as amended from time to time;

"Horizontal Implementing Regulation" means Commission Implementing Regulation (EU) No 809/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance( 9), as amended from time to time;

"Horizontal Regulation" means Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005and (EC) No 485/2008( 10), as amended from time to time;";

(i) after the definition of "Scheme 2014 payment"( 11) insert-

""Scheme 2015 payment" means the sum to which the applicant is entitled in respect of the period 1st January 2015 to 31st December 2015;

"Scheme 2016 payment" means the sum to which the applicant is entitled in respect of the period 1st January 2016 to 31st December 2016;

"Scheme 2017 payment" means the sum to which the applicant is entitled in respect of the period 1st January 2017 to 31st December 2017;"; and

(j) for the definition of "single application" substitute-

""single application" -

(a) in relation to a calendar year prior to 2015, has meaning given in Article 2(11) of Commission Regulation 1122/2009( 12); and(b) in relation to the calendar year 2015 or a later year, means an application for direct payments (within the meaning of Article 1 of the Direct Payments Regulation) in relation to any of the area-related aid schemes (as defined in point (20) of Article 2(1) of the Horizontal Delegated Regulation);".

4. In regulation 3 (eligibility for payment of less favoured area support)-

(a) in paragraph (1), for "the Scheme Year commencing on 1st January 2014," substitute "a Scheme Year commencing on or after 1st January 2014"; and(b) in paragraph (1A)( 13), for "the Scheme Year commencing on 1st January 2014" substitute "a Scheme Year commencing on or after 1st January 2014".

5. For regulation 4 (payment of less favoured area support)( 14) substitute-

"Payment of less favoured area support

4. The Scottish Ministers may, in respect of a Scheme Year, pay less favoured area support to an applicant who in their opinion-

(a) actively farms eligible land-(i) which is not less than 3 hectares; and(ii) for a period or periods totalling not less than 183 days during the Scheme Year; and(b) is an active farmer within the meaning of Article 9 of the Direct Payments Regulation.".

6. For regulation 5(3) (eligible land) substitute-

"(3) If an application for less favoured area support relates to land situated outwith the dairy ring fence area and all or part of the land was used for dairy activity in the applicable year, the Scottish Ministers shall determine the area of ineligible land attributable to dairy activity.".

7. For regulation 6 (transfer of a holding) substitute-

"Transfer of a holding

6.

-(1) A decision by the Scottish Ministers to make a payment under regulation 4-(a) in relation to a Scheme Year commencing before 1st January 2015, must be in accordance with Article 82 of...

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