Title and commencement1

These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 31st May 2008.

Interpretation2

1

The Interpretation Act (Northern Ireland) 19543 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

2

In these Regulations, “the principal Regulations” means the Common Agricultural Policy Single Payment and Support Schemes Regulations (Northern Ireland) 20054.

Amendment to the principal Regulations

3

The principal Regulations shall be amended as provided in regulations 4 to 6.

4

In regulation 2 (Interpretation)—

a

for paragraphs (2) and (3) substitute—

2

In these Regulations—

  • “Commission Regulation 795/2004” means Commission Regulation (EC) No. 795/20045 laying down detailed rules for the implementation of the single payment scheme provided for in the Council Regulation;

  • “Commission Regulation 796/2004” means Commission Regulation (EC) No. 796/20046 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in the Council Regulation;

  • “Commission Regulation 1973/2004” means Commission Regulation (EC) No. 1973/20047 laying down detailed rules for the application of Council Regulation (EC) No. 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials;

  • “the Council Regulation” means Council Regulation (EC) No. 1782/20038 establishing common rules for direct support under the common agricultural policy and establishing certain support schemes for farmers;

  • “the Department” means the Department of Agriculture and Rural Development;

  • “direct payment” has the meaning given by Article 2(d) of the Council Regulation;

  • “farmer” has the meaning given by Article 2(a) of the Council Regulation;

  • “holding” has the meaning given by Article 2(b) of the Council Regulation;

  • “IACS Regulations” means the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 20059;

  • “reference period” has the meaning given to it in Article 38 of the Council Regulation;

  • “relevant competent authority” has the meaning given to it in regulation 5 of the IACS Regulations;

  • “single application” has the meaning given to it in Article 2(11) of Commission Regulation 796/2004;

  • “single payment scheme” means the support scheme established under Title III of the Council Regulation;

3

Other expressions used in these Regulations that are also used in the Council Regulation, Commission Regulation 795/2004, Commission Regulation 796/2004 or Commission Regulation 1973/2004 have the meaning they bear in those instruments.

b

after paragraph (3) insert—

4

Any reference in paragraph (2) to a Community instrument is a reference to that instrument as amended from time to time.

5

For Regulation 6 (10 month period), substitute—

Date on which eligible land must be at the farmer’s disposal6

In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 44(3) of the Council Regulation, the date on which those parcels must be at the farmer’s disposal is 15 May.

6

Regulation 9 (Horticulture) shall be revoked.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th April 2008

(L.S.)G. O’DohertyA senior officer of the Department of Agriculture and Rural Development