8

For the purposes of this regulation and Part II of Schedule 4, “historic land area” means—

a

the area of eligible land declared by the applicant in a single application in 2009 or in the first year of application where the applicant did not submit a single application or claim less favoured area support in or prior to 2009; or

b

land comprising the number of hectares of forage in a less favoured area, as declared by the applicant in a single application in relation to 2009 and having one of the land use codes specified in column 2 of Schedule 2 corresponding to the entry in column 1 of Schedule 2 relating to the use of land, where no less favoured area grazing category was attributed for the purposes of the 2003 Regulations, the 2005 Regulations or the 2007 Regulations,

prior to deduction of either or both of—

i

any penalty area calculated in accordance with Commission Regulation 1975/2006 or Commission Regulation 65/2011; and

ii

any area deducted in accordance with regulation 6(5) of the 2007  Regulations.