The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011

JurisdictionScotland
CitationSSI 2011/106

2011No. 106

AGRICULTURE

The Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011

14thFebruary2011

17thFebruary2011

15thMarch2011

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

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Rural Development Contracts (Rural Priorities) (Scotland) Amendment Regulations 2011 and come into force on 15th March 2011.

(2) In these Regulations "the principal Regulations" means the Rural Development Contracts (Rural Priorities) (Scotland) Regulations 2008( 2).

Amendment to the principal Regulations

2. The principal Regulations are amended in accordance with regulations 3to 58.

Amendment to regulation 2

3. In regulation 2 (interpretation)-

(a) for the definition of "area related options" substitute-

""area related options" means those rural priorities options numbered 15 to 57, 60, 61 and 78 to 80 in Part 1 of Schedule 2;";

(b) omit the definition of "Commission Regulation 796/2004";

(c) for the definition of "Commission Regulation 1975/2006" substitute-

""Commission Regulation 1122/2009" means Commission Regulation (EC) No 1122/2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007as regards cross-compliance under the support scheme provided for the wine sector( 3);

"Commission Regulation 65/2011" means Commission Regulation (EU) No 65/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures( 4);";

(d) for the definition of "IACS Regulations" substitute-

""IACS Regulations" means the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009( 5)";

(e) omit the definition of "IACS year"; and

(f) in the definition of "single application", for "Commission Regulation 796/2004" substitute "Commission Regulation 1122/2009".

Amendment to regulation 7

4. In regulation 7 (eligible land), in paragraph (1)(a)(i) and in paragraph (2) for "Commission Regulation 796/2004" substitute "Commission Regulation 1122/2009".

Amendment to regulation 9

5. In regulation 9 (undertakings)-

(a) in paragraphs (5) and (6), for "and 74 to 77" substitute ", 79 and 80"; and

(b) in paragraph (6), after "an activity or activities under any of the" insert "following three".

Amendment to regulation 10

6. In regulation 10 (restrictions on approval of applications and payment of aid), in paragraph (2)(c) for "Articles 18, 23 or 31 of Commission Regulation 1975/2006" substitute "Article 18, 21 or 30 of Commission Regulation 65/2011".

Amendment to regulation 12

7. In regulation 12 (claims and payment)-

(a) in paragraph (3)(a), omit "except those area related options numbered 74 to 77";

(b) in paragraph (3)(a), for head (i) substitute-

"(i) be submitted in accordance with the deadline for single applications as specified in regulation 5 of the IACS Regulations in the calendar year in which the particular undertaking commences;"; and

(c) in paragraph (3)(a)(ii) and (iii), for "Commission Regulation 796/2004" substitute "Commission Regulation 1122/2009".

Amendment to regulation 14

8. In regulation 14 (powers of authorised persons) in paragraph (2)(d) for "Commission Regulation 1975/2996" substitute "Commission Regulation 65/2011".

Amendment to regulation 15

9. In regulation 15 (breaches of undertakings etc.), in paragraph (1)(c) for "Commission Regulation 1975/2006" substitute "Commission Regulation 65/2011".

Amendment to regulation 16

10. In regulation 16 (other cases in which recovery etc. powers apply), in sub-paragraph (e) for "Commission Regulation 1975/2006" substitute "Commission Regulation 65/2011".

Amendment to regulation 17

11. In regulation 17 (powers of recovery etc. of the Scottish Ministers), in paragraph 4 for "Council Regulation 1975/2006" substitute "Commission Regulation 65/2011".

Amendment to Schedule 1

12. In Schedule 1 (interpretation of schedules)-

(a) for the definition of "coastal heath" substitute-

""coastal heath" means land bordering the sea and containing heath or species-rich grassland, where salt spray and exposure affect the composition of species and the structure of vegetation;";

(b) in the definition of "fully organic" omit "and the Organic Standards Compendium";

(c) for the definition of "Less Favoured Area" substitute-

""Less Favoured Area" has the meaning as in regulation 2(1) of the Less Favoured Area Support Scheme (Scotland) Regulations 2010( 6);";

(d) for the definition of "Nitrates Action Programme" substitute-

""Nitrates Action Programme" means the action programme set out in the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008( 7);";

(e) in the definition of "organic production" omit "as read with any additional provisions as set out in the Organic Standards Compendium";

(f) omit the definition of "Organic Standards Compendium";

(g) for the definition of "rural settlement" substitute-

""rural settlement" means a settlement which has a population of less than 3000 according to the Scottish Executive Urban Rural Classifications 2003-2004, 2005-2006 or Scottish Government Urban Rural Classifications 2007-2008 or 2009-2010;";

(h) after the definition of "SEPA" insert-

""serpentine vegetation" means unimproved grassland with serpentine or other ultra-basic rocks, containing species which can tolerate the unusual soils derived from these rocks;";

(i) after the definition of "SPA" insert-

""special interest heath" means land containing heath in an SSSI Site or in a SAC or SPA or on a site which SNH has confirmed to be of particular local importance in accordance with programme guidance;"; and

(j) after the definition of "wetland", insert-

""winter keep" means the production of oats, barley, rye, bere, turnips, kale and hay;".

Amendment to Part 1 of Schedule 2

13. Part 1 (option, activities and eligibility conditions and rates of payment) of Schedule 2 (rural priorities options) is amended in accordance with regulations 14to 54.

Amendment to option 10 (improving the economic value of forests)

14. In option 10 (improving the economic value of forests), in column 2-

(a) in paragraph (1) for sub-paragraph (a) substitute-

"(a) has a forest holding of at least one hectare, which is managed in accordance with a forest management plan which is in compliance with the UK Forestry Standard and approved by the Forestry Commission Scotland;" and

(b) in paragraph (1)(c) for head (iii) substitute-

"(iii) thinning to improve average stem quality;".

Amendment to option 15 (conversion to and maintenance of organic farming)

15. In option 15 (conversion to and maintenance of organic farming)-

(a) under heading A (conversion of land to organic production) in paragraph 2(d) omit "and the Organic Standards Compendium";

(b) under heading C (maintenance of organic production) in paragraph 2(b) omit "and the Organic Standards Compendium"; and

(c) for the entry in column 3 substitute-

"As set out in Table A in Part 2 of this Schedule".

Amendment to option 16 (wild bird seed mix/unharvested crop)

16. In option 16 (wild bird seed mix/unharvested crop), in column 2 for paragraph (3) substitute-

"(3) For both options (a) and (b) in paragraph (2) above-

(a) plots must be on arable or improved grassland and maximum of 2 hectares in size;

(b) pesticides must not be applied except where the application is necessary to aid the establishment of the crop or with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species; and

(c) beneficiaries need not manage the same field each year, but must give details of the different fields and their locations and their areas in the application for aid. If, during the relevant period, a different rotation to that originally approved is agreed with the Scottish Ministers, the area upon which the annual management payment is calculated will be restricted to either the originally approved area or the revised area, whichever is smaller.".

Amendment to option 17 (management of mown grassland for wildlife)

17. In option 17 (management of mown grassland for wildlife), in column 2-

(a) at the end of paragraph (2)(a), insert "; for beneficiaries in Shetland the exclusion period may start any time between 1st and 30th April and last for three months from the start date";

(b) in paragraph (2)(e) omit "and herbicides may be applied to this strip only with the prior written agreement of the Scottish Ministers";

(c) in paragraph (2)(f), after "strip" insert "except with the prior written agreement of the Scottish Ministers for activities such as spot treatment of injurious weeds or control of invasive non-native species";

(d) at the end of paragraph (2)(f) omit "and" ; and

(e) in paragraph (2), after sub-paragraph (g), insert-

"; and

(h) does not apply slurry or farmyard manure to the field from 1st March until 15th May, or until 1st June where later ground-nesting birds and young may be found.".

Amendment to option 18 (management of mown grassland for corn buntings)

18. In option 18 (management of mown grassland for corn buntings)-

(a) in column 2, in paragraph (2) for sub-paragraph (c) substitute-

"(c) mows fields but mowing must be delayed until after-

(i) 24th July; in which case the rate of payment for Option 1 applies, or

(ii) 1st August where corncrakes are also present; in which case the rate of payment...

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