The Hill Livestock (Compensatory Allowances) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Hill Livestock (Compensatory Allowances) Regulations 1993, as amended. The Regulations extend to Great Britain. They comply with Council Directive 75/268/EEC on mountain and hill farming and farming in certain less–favoured areas, as amended by Council Directive 80/666/EEC and Council Directive 82/786/EEC, and with Articles 17 to 19 of Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures, as amended by Council Regulation (EEC) No. 870/93, Council Regulation (EEC) No. 1992/93 and Council Regulation (EEC) No. 3669/93. The Regulations also make provision for the administration and enforcement of provisions for payment of compensatory allowances contained in Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes.

The Regulations continue to provide for the payment of an annual compensatory allowance for cattle and sheep which are maintained by the occupier of “eligible land”(regulation 3).“Eligible land” continues to be defined as land located in a less–favoured farming area which is shown on designated maps and which is “disadvantaged” or “severely disadvantaged”(regulation 2(1));the maps are available for inspection during normal office hours at the addresses specified in the definition of “designated maps” contained in regulation 2(1). The rates of payment of the allowance are as set out in regulation 3.

Apart from minor and drafting amendments, the following changes of substance are also made by these Regulations–

(a) there is substituted for the existing definition of “the qualifying day” a definition which relates to the day an application for an allowance is made in any given Scheme year(regulation 2(1));

(b) there is created a revised definition of “breeding cow”, which brings within its scope animals which are regarded as being in calf on the qualifying day(regulation 2(1));

(c) provision is made for compensatory allowances to be reduced or withheld if the claimant uses unsuitable supplementary feeding methods(regulations 4(3) and (4) and 5(3) and (4));

(d) the detailed conditions relating to the number of animals in respect of which an allowance may be paid now reflect the requirement (see Article 4 of Commission Regulation (EEC) No. 3887/92) to submit an area aid application containing details of the claimant’s forage area(regulations 4(1)(d) and 5(1)(d) and (e));

(e) there are removed from the detailed conditions referred to in sub–paragraph (d) of this paragraph those formerly contained in regulations 4(3)(b) and 5(2)(b) of the Hill Livestock (Compensatory Allowances) Regulations 1993 (maintenance of cattle and sheep for specified qualifying period);

(f) in the detailed conditions referred to in sub–paragraph(d) of this paragraph, the retention periods set out in these Regulations in regulation 4(1)(b) (for cattle) and regulation 5(1)(b) (for sheep) are extended to four months;

(g) the appropriate Minister is empowered to issue the occupier of land with a notification where he is satisfied that that land is being overgrazed and may do so in any event where the land has already been made subject to such a notification. The notification will specify the maximum number of animals which may be grazed and maintained on that land in the next Scheme year, and no allowances will be paid in respect of that Scheme year for any cattle or sheep grazed and maintained on the land in that year in excess of the maximum number specified in the notification(regulation 6);

(h) authorised persons are empowered to inspect land for the purposes of determining whether or not unsuitable supplementary feeding methods have been used on it(regulation 8(3)(d));and

(i) the appropriate Minister is empowered to withhold or recover allowances where he is satisfied that (despite the issue of a notification under regulation 6) the claimant has permitted overgrazing(regulation 11(4)).

A compliance cost assessment has been prepared and has been deposited in the Library of each House of Parliament.