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The Organic Farming (Aid) Regulations 1994

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Conditions of eligibility

4.—(1) An applicant shall be eligible to make an application if—

(a)at the date of his application, he is the lawful occupier of a holding and intends to remain in such occupation for the specified period;

(b)at the date of his application, his holding is not less than one hectare; and

(c)he complies with the following paragraphs of this regulation.

(2) The applicant shall—

(a)give notification in accordance with Article 8(1)(a) of Council Regulation 2092/91 and submit his holding to inspection as required by Article 8(1)(b) of that Regulation; and

(b)ensure that the organic farming of his holding conforms to UKROFS standards.

(3) If, at the date of his application, the applicant has introduced organic farming on a part only of his holding, he shall undertake to continue with such farming on that part of his holding for the specified period.

(4) If, at the date of his application, the applicant has not introduced organic farming on any part of his holding, he shall undertake to introduce organic farming on that holding or part thereof in respect of which he has made that application and which shall not be less than one hectare in extent, within a period of twelve months from the date of such application, or such longer period as the Minister may agree with the applicant and confirm to him in writing, and to continue with such farming on that holding or part for the specified period.

(5) Where a beneficiary who proposes to undertake organic farming on a part of his holding in addition to that referred to in paragraphs (3) and (4) above makes an application in relation to such additional part of his holding, he shall undertake—

(a)to introduce organic farming on such additional part of his holding within a period of twelve months from the date of such application, or such longer period as the Minister may agree with that beneficiary and confirm to him in writing, and

(b)to continue with organic farming on that part of the holding as well as any other part or parts of the same holding on which organic farming has been carried on a the date of such application, whether or not aid under the scheme has been or is being paid in respect of such other part or parts, for the specified period.

(6) Where an applicant proposes to introduce organic farming on his holding or part of such holding gradually over a period of time, he shall undertake—

(a)to carry out such farming in accordance with a plan which has been approved by the inspection authority;

(b)not to deviate from such plan without first obtaining the approval of the inspection authority to such deviation; and

(c)to notify the Minister without delay of any approvals referred to in sub-paragraphs (a) and (b) above together with details of such plans and variations.

(7) The undertakings referred to in paragraphs (3), (4), (5) and (6) above shall be in writing and in such form as the Minister may prescribe.

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