The Organic Aid (Scotland) Regulations 2004

Conditions of eligibility for maintenance grant

8.—(1) Subject to regulation 15(3) and (4), an applicant shall be eligible to make an application for a maintenance grant if at the date of application the applicant–

(a) is either–

(i) the owner of an organic production unit and in lawful actual occupation of that organic production unit;

(ii) the tenant of an organic production unit under a lease which will run at least until the end of the specified maintenance period or with security of tenure by virtue of any statutory provision until then and in either case is in lawful actual occupation of that organic production unit; or

(iii) subject to regulation 10, a grazings committee;

(b) is entering into the scheme a farm or part of a farm which is eligible for a maintenance grant in terms of paragraph (2);

(c) holds a current certificate of registration in respect of the relevant farm or part of a farm;

(d) is not prohibited from giving the undertaking set out in regulation 9 by application of a penalty pursuant to Article 64 (which requires Member States to determine a system of penalties for breaches of the obligations entered into under, and of regulatory provisions of, the Commission Regulation) of the Commission Regulation or by a decision of the Scottish Ministers under regulation 20(4); and

(e) is not excluded from all aid under Chapter VI of Title II of Regulation 1257/99 by virtue of Article 63 (which requires a person who, intentionally or by reason of serious negligence, makes a false declaration to be excluded from all rural development measures falling under the relevant chapter of Regulation 1257/99) or 64 of the Commission Regulation.

(2) Subject to regulation 15(3), for the purposes of paragraph (1)(b), a farm or part of a farm is eligible for a maintenance grant if–

(a) it is an organic production unit, or if the applicant is a grazings committee, a common grazing which is fully organic;

(b) it extends to not less than one hectare; and

(c) either–

(i) no conversion grant is payable in respect of that farm or part; or

(ii) conversion grant is payable in respect of that farm or part but the specified conversion period has ended or will have ended before the specified maintenance period starts.