The Organic Aid (Scotland) Amendment Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Organic Aid (Scotland) Regulations 2004 (“the principal Regulations”), and extend to Scotland only. The principal Regulations make provision for the payment of aid to farmers who undertake to introduce organic farming methods (“conversion grant”) and introduces new payments of aid to farmers: for capital items required to introduce organic farming methods (“capital grant”); to use organic farming methods once aid for introducing such methods ceases (“maintenance grant”); and to contribute to the cost of producing a conversion plan to apply for a conversion grant. This is pursuant to Articles 22 to 24 of Council Regulation (EC) No. 1257/1999 (O.J. No. L 160 26.6.1999 p.80) as amended.

These Regulations amend the principal Regulations as follows–

(a) in regulation 2 (interpretation)–

(i) to insert definitions of land formally in conversion and permanent pasture and to update the reference to an EC Commission Regulation (regulation 3(1)(b), (c), and (f));

(ii) to amend the definitions of arable land, improved grassland, landlord, rough grazings, tenant and the Organic Standards Compendium (regulation 3(1)(a), (d), (e), (g), (h), and (i));

(iii) to insert an Electronic Communications Act 2000 provision enabling things done in writing in the principal Regulations to include a reference to an electronic communication (regulation 3(2));

(b) in regulation 3 (application) to provide for two categories of undertaking under the principal Regulations, each of which has its own set of payment rates for conversion grants, under Schedule 3 and the new Schedule 3A (regulation 4);

(c) in regulation 5 (conditions of eligibility for conversion grant) to amend these conditions to provide for the joint assumption of obligations by an owner and a tenant (regulation 5);

(d) in regulation 6 (undertakings by applicants for conversion grants) to add another obligation to the conversion grant undertaking concerning land declared as vegetable and fruit land (regulation 6);

(e) in regulation 8 (conditions of eligibility for maintenance grant) to amend these conditions to provide for the joint assumption of obligations by an owner and a tenant (regulation 7);

(f) in regulation 9 (undertakings by applicants for maintenance grants) to add another obligation to the maintenance grant undertaking concerning land declared as fruit and vegetable (regulation 8);

(g) in regulation 14 (amounts of payments and claims) to make amendments to provide for the two payment rates for conversion grants under Schedule 3 and the new Schedule 3A (regulation 9(1)) and to provide for the new definition of arable land (regulation 9(2));

(h) in Schedule 3 (payments of conversion grants) to make amendments to provide for the new definition of arable land (regulation 10);

(i) after Schedule 3 to insert a new Schedule 3A to specify payment rates for conversion grants for any undertakings given: under the principal Regulations; or under the 1994 Regulations and given after 31st December 2002 (regulation 11);

(j) in Schedule 6 (payments of capital grant) to amend some of the payment rates for certain capital activities (regulation 12); and

(k) in Schedule 7 (payments of maintenance grant) to amend some of the payment rates for certain maintenance activities (regulation 13).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.