Explanatory Note
(This note is not part of the Regulations)
These Regulations implement Council Regulation (EC) No. 146/2008 which, among other things, amends Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy. They also implement Commission Regulation (EC) No. 319/2008, which amends Commission Regulation (EC) No. 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No. 1782/2003, and Commission Regulation (EC) No. 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No. 1782/2003.
These Regulations amend the following regulations (together, “the principal Regulations”)–
the Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2005;
the Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2005;
the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 2004; and
the Agricultural Subsidies (Appeals) (Scotland) Regulations 2004.
Both Council Regulation (EC) No. 146/2008 and Commission Regulation (EC) No. 319/2008 are directly applicable, so the amendments made to the principal Regulations by these Regulations are mainly technical changes to update the European legislative references in the interpretation sections of the principal Regulations.
The only substantive amendment made by these Regulations is in paragraph 2 of Schedule 1 to the Regulations, which amends regulation 6 of the Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2005 to fix the date of 15th May as the single date in the calendar year on which farmers must have land at their disposal to claim Single Farm Payment for that year.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.