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The Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2017

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2017 and come into force on 15th May 2017.

(2) In these Regulations—

“area-determined” has the same meaning as in regulation 14(4) of the 2015 Regulations;

“single application” has the same meaning as in regulation 2(1) of the 2015 Regulations; and

“the 2015 Regulations” means the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015(1).

Amendment to the 2015 Regulations

2.  The 2015 Regulations are amended in accordance with regulations 3 to 5.

3.  In regulation 14 (windfall profit)—

(a)in paragraph (1), for “any increase” substitute “an above-threshold increase”; and

(b)in paragraph (4), before the definition of “area-determined”, insert—

“above-threshold increase” means an increase attributable to the portion of the reduction in the area-determined exceeding 40 per cent;.

4.  In part 1 of schedule 3 (voluntary coupled support – bovine animals), in paragraph 3 (eligible bovine animal)—

(a)after sub-paragraph (b) omit “and”;

(b)for sub-paragraph (c) substitute—

(c)which is reared for the production of beef as part of a suckler beef herd; and

(d)in respect of which the following requirements of the Cattle Identification Regulations have been complied with—

(i)regulation 5 and schedule 1 (ear tags);

(ii)regulation 6 and paragraph 2 of schedule 2 (notification of movement);

(iii)regulation 7 and schedule 3 (cattle passports etc.); and

(iv)regulation 8 and schedule 4 (records)..

5.  In schedule 4 (ineligible breeds – bovine animals), omit the following entries—

  • Blue Albion;

  • Blue Albion Cross;

  • Fleckvieh;

  • Fleckvieh Cross;

  • Swedish Red Polled; and

  • Water Buffalo.

Transitional Provision

6.  The amendments to regulation 14 of the 2015 Regulations made by regulation 3 have effect only where the Scottish Ministers have not made a final determination of the area-determined in respect of a single application before the day on which these Regulations come into force.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

28th March 2017

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