The Temporary Set-Aside Regulations 1991

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Regulation (EEC) No. 1703/91 (OJ L162, 26.6.91, p. 1) insofar as it concerns the introduction of a temporary set-aside scheme for arable land for the 1991/92 marketing year (“the scheme”), and Commission Regulation (EEC) No. 2069/91 (OJ L191, 16.7.91, p. 19) laying down detailed rules for the application of the scheme. The Regulations apply to Great Britain.

The Regulations provide for applications to enter the scheme. Farmers wishing to join must have registered their land by 31st July and must apply by 31st August 1991 (regulation 3). They must also undertake for the one-year duration of the scheme to set aside a minimum percentage of land which has been in production of eligible arable crops during 1990/91, to reduce the area which is given over to the production of those crops for 1991/92, to establish a plant cover on the area set aside and to follow provisions for the management of the land (regulation 4). The Regulations also impose requirements in relation to the land area which is eligible for inclusion in the scheme (regulation 5) and impose restrictions on the acceptance of applications (regulation 6).

Claims for aid under the scheme must be made on or before 31st August 1992 (regulation 7). Aid (defined in article 2 of the Council Regulation) comprises both reimbursement of cereals coresponsibility levy and payment of a premium in relation to the land set aside. The rates of the premium are set out in the Regulations (regulation 8) and are calculated per hectare depending on the extent and location of the land set aside.

The Regulations also–

(a) provide for change of occupation of holdings (regulations 9 and 10);

(b) provide for the withholding and recovery of aid in certain circumstances (regulation 11);

(c) provide an obligation to permit entry and inspection (regulation 12);

(d) create an offence of knowingly or recklessly making a false statement in order to obtain aid (regulation 13).