15.—(1) For the purposes Article 30(7)(b) of the Direct Payments Regulation, the Scottish Ministers must use the national reserve to compensate a farmer for a specific disadvantage arising from any of the circumstances mentioned in paragraph (2).
(2) The circumstances are that—
(a)the farmer—
(i)did not receive payment entitlements in the first year of application of the single payment scheme under Title III of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(1); and
(ii)commenced agricultural activity on or after 16th May 2005; or
(b)the farmer only received such payment entitlements as a result of the application of—
(i)Article 42(3) of that Regulation; or
(ii)Article 21(1) of 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 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(2).
OJ L 270, 21.10.2003, p.1, as last amended by Council Regulation (EC) No 1009/2008 (O.J. L 276, 17.10.2008, p.1).
OJ L 141, 30.4.2004, p.1, as last amended by Commission Regulation (EC) No 370/2009 (O.J. L 114, 7.5.2009, p.3).