1994 No. 2894
The Sheep Annual Premium and Suckler Cow Premium Quotas (Amendment) Regulations 1994
Made
Laid before Parliament
Coming into force
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred on them by that section, and of all other powers enabling them in that behalf, hereby make the following Regulations:
Title and commencement1
These Regulations may be cited as the Sheep Annual Premium and Suckler Cow Premium Quotas (Amendment) Regulations 1994 and shall come into force on 15th November 1994.
Amendments to the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 19932
1
The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 19933 shall be amended in accordance with the following paragraphs of this regulation.
2
The following definition shall be inserted after the definitions of “lease” and “lessor” in regulation 2(1)–
“marketing year” means a marketing year as defined in Article 3(3) of Council Regulation (EEC) No. 3013/894;
3
In regulation 5 (transfer or lease of quota: notification)–
a
delete the existing text of paragraph (2) and substitute instead–
For a transfer or lease of quota for sheep annual premium the deadline for notification shall be–
- a
if the producer receiving the quota under the transfer or lease lodges his premium application by the end of the period specified in regulation 3(2)(b) of the Sheep Annual Premium Regulations 19925 for delivering such applications in respect of any marketing year, the date of lodgement of that application; or
- b
if no such application is lodged by that time by such a producer, the end of the period so specified.
b
delete the existing text of paragraph (3) and substitute instead–
For a transfer or lease of quota for suckler cow premium the deadline for notification shall be–
- a
if the producer receiving the quota under the transfer or lease lodges his premium application by the end of the period specified in regulation 3(1) of the Suckler Cow Premium Regulations 19936 for submitting such applications in respect of any calendar year, the date of lodgement of that application; or
- b
if no such application is lodged by that time by such a producer, the end of the period so specified.
c
in paragraph (5)–
i
before “the Minister” insert “, 1994 or 1995”,
ii
before “marketing year” insert “or 1994”, and
iii
before “in the case of suckler cow premium” insert “or 1994”.
4
In regulation 7 (transfer of quota with holding)–
a
in paragraph (1) delete the phrase “, subject to paragraph (3) of this regulation,”;
b
in paragraph (2) delete the words following “before the” to the end and substitute instead “next deadline for notification”; and
c
delete paragraph (3).
5
In regulation 10 (leases in connection with environmental programmes), delete “shall not be subject to” and substitute instead “shall, to the extent which may be permitted under Article 7(4) of Commission Regulation 3567/92 as amended7 or, as the case may be, Article 34(3) of Commission Regulation 3886/92 as amended8, be exempted from”.
6
In regulation 14(2)(f) (quota register) before the words “broken down” insert “which for the marketing years 1993 and 1994 shall be”.
7
In Schedule 2, Part II, Category III, Group (a), paragraph (a) (reversion to livestock from arable farming) delete the words following “by virtue of his” to the end. Substitute instead
–
i
taking the action referred to in category 4,
ii
undertaking to comply with the requirements of a Nitrate Sensitive Area Scheme established under the Nitrate Sensitive Area Regulations 19949,
iii
undertaking to comply with the management obligations of a Habitat Scheme established under the Habitat (Water Fringe) Regulations 199410, or
iv
participating in a development project or scheme established under section 5 of the Natural Heritage (Scotland) Act 199111; or
8
In Schedule 2, Part II, Category V (organic farming)–
a
in paragraph (a) delete the words “taking the action referred to in category 5” and substitute instead “following a plan approved under the Community aid scheme for organic agriculture established by Council Regulation (EEC) No. 2078/9212 as implemented in the United Kingdom by the Organic Farming (Aid) Regulations 199413”, and
b
in paragraph (b) delete the words “taking the action referred to in category 5” and substitute instead “following a plan approved under the Community aid scheme for organic agriculture established by Council Regulation (EEC) No. 2078/92 as implemented in the United Kingdom by the Organic Farming (Aid) Regulations 1994”.
9
In Schedule 3, paragraph 9(a) (allocation of quota to successful category 4 or category III, group (a), applicants), before the words “by the Minister” insert “or has undertaken to comply with the requirements of a Nitrate Sensitive Area Scheme established under the Nitrate Sensitive Areas Regulations 1994, or has undertaken to comply with the management obligations of a Habitat Scheme established under the Habitat (Water Fringe) Regulations 1994,”.
(This note is not part of the Regulations)