Provisions with respect to sheep
5.—(1) The number of ewes for which a compensatory allowance may be paid to a person who has made a valid application for compensatory allowances for ewes in respect of any given Scheme year shall be the least of—
(a)the number of such animals included in that claim;
(b)the number of such animals which were—
(i)owned, or
(ii)leased under a formal leasing arrangement,
by him throughout the retention period for the animals concerned applicable to that Scheme year;
(c)the number of such animals which in the opinion of the Department is reasonable, having regard to the number of lambs produced by the qualified flock of which they form part in the 12 months preceding the date of lodgement of that application in accordance with paragraph (2) of regulation 8 or, in the case of a qualified flock newly established or re-established in that Scheme year, in such shorter period as the Department may determine;
(d)a number calculated at the rate of—
(i)six ewes for each hectare of severely disadvantaged land, and
(ii)nine ewes for each hectare of disadvantaged land,
which land was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that Scheme year and was determined by the Department to be eligible forage area for the purposes of that Regulation or which is relevant afforested land; or
(e)the number of ewes which, when added to the number of breeding cows which are the subject of a claim for compensatory allowances made by that person in respect of that Scheme year, is equivalent to 1.4 livestock units per hectare of eligible land which was included in an area aid application made under Article 6 of Council Regulation 3508/92 in the calendar year preceding that Scheme year and was determined by the Department to be eligible forage area for the purposes of that Regulation or is relevant afforested land.
(2) A compensatory allowance shall not be paid for any ewe the use of which for breeding would not, in the opinion of the Department, be in accordance with sound husbandry practice.
(3) Where in any Scheme year an applicant uses unsuitable supplementary feeding methods the Department may reduce or withhold the compensatory allowance for ewes otherwise payable to him in respect of that Scheme year in accordance with paragraph (4).
(4) Where the applicant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the compensatory allowance for ewes otherwise payable to him may be reduced by 10%; where the applicant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the compensatory allowance for ewes otherwise payable to him may be reduced by 20%; and where the applicant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the compensatory allowance for ewes otherwise payable to him may be withheld.