Less Favoured Area Compensatory Allowances Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement Commission Regulation 817/2004 (O.J. No. L153, 30.04.2004, p. 30: Corrigendum O.J. No. L231, 30.06.2004, p. 24) (“the Commission Regulation”) laying down detailed rules for the application of Council Regulation 1257/1999 (O.J. No. L160, 26.06.1999, p. 80) as last amended by Council Regulation (EC) No. 583/2004 (O.J. No. L91, 30.03.2004, p. 1) (“the Rural Development Regulation”) on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF). They also implement Measure 2 of the Northern Ireland Rural Development Programme as amended. The Northern Ireland Rural Development Programme was originally approved by Commission Decision C(2000) 3638 under Article 44 of the Rural Development Regulation and the amendments of Measure 2 of the Programme were approved by Commission Decision C(2004) 4662 under Article 51(2) of the Commission Regulation.

In particular the Regulations implement Articles 13, 14 and 15 of the Rural Development Regulation (which deal with support for less favoured areas) by defining the conditions of eligibility for less favoured area compensatory allowance (regulations 3 to 6) and the rates at which it is to be paid (regulation 7 and the Schedule).

Regulation 8 provides for the exclusion of forage area in respect of claimants who held milk quota at 31st March 2004.

Regulation 9 confers powers of entry and inspection on persons authorised by the Department of Agriculture and Rural Development (“the Department”).

Regulations 10 and 11 implement Article 73 of the Commission Regulation by granting the Department powers to withhold or recover payments and take certain other action in the event of a breach of an undertaking given by a claimant under these Regulations and in certain other events.

Regulation 12 provides for the recovery of interest on sums recovered.

Regulation 14 creates offences of making false or misleading statements and of obstructing persons authorised by the Department.

Regulation 15 contains a consequential amendment.

The Northern Ireland Rural Development Programme and the amendments thereto, together with copies of Commission Decisions C(2000) 3638 and C(2004) 4662 are available for inspection at the offices of the Department of Agriculture and Rural Development, Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.