The Arable Area Payments (Amendment) Regulations 1995

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Arable Area Payments Regulations 1995 (S.I. 1995/1738) (“the Existing Regulations”). Like those Regulations, these Regulations apply throughout Great Britain. They make further provision for the implementation and supplementing of Council Regulation (EEC) No. 1765/92 which establishes a support system for producers of certain arable crops and the Commission Regulations made under it, namely Commission Regulations (EEC) Nos. 2294/92, 2295/92, 2780/92 and 334/93 and Commission Regulation (EC) 762/94.

2.  Regulation 2(1) of the Existing Regulations defines these various Regulations and the definitions include amendments to them. These Regulations bring these references up to date by amending relevant definitions to cover a further derogation from Council Regulation 1765/92 and a further amendment to Commission Regulation 334/93 (which also revokes Commission Regulation (EEC) No. 2595/93).

3.  The changes of substance to the Existing Regulations effected by these Regulations are specified below.

4.  A new regulation 5A is inserted into the Existing Regulations, in implementation of Article 3(4) of Commission Regulation 2780/92. The regulation provides for a farmer to apply to the Minister for approval to the exchange of ineligible and eligible land for the purpose of receipt of compensatory payments, and sets out the conditions for approval.

5.  A new regulation 10A is inserted into the Existing Regulations. This provision sets a deadline for the notification in respect of the delivery of non-food raw materials by a farmer tok a collector or first processor as provided for in Articles 7(3) (for farmers) and 8(4)(a) (for collectors or first processors) of Commission Regulation 334/93 as mended. The deadline in each case is 15th November in the scheme year in respect of which set-aside compensatory payments have been claimed in respect of the land used to grow the raw materials. The regulation also provides for imposition of penalties for late notification by farmers. Penalties for late notifaction by collectors or first processors are dealt with in Commission Regulation (EEC) No. 2220/85 (OJ No. L 205, 3.8.85, p.5) as last amended by Commission Regulation (EC) No. 3403/93 (OJ No. L 310, 14.12.93, p.4).

6.  Amendments are made to Schedule I, Parts I and II (derogations from the requirement to have farmed land for two years in order to set it aside). The entitlement to set aside land forming part of any recently acquired unit of 60 hectares or more, land of which a specified minimum proportion is subject to sharefarming or similar agreements and land needed to satisfy regional requirements on setting land aside is replaced by an entitlement to set aside up to 10 per cent of any recently acquired land and to set aside land used or destined for organic farming. Regulation 3 of these Regulations specifies however that where a farmer occupied or contracted to occupy land before 28th July 1995 (the date at which a press notice was issued to inform farmers of the proposed changes to these derogations) the farmer may continue to rely on the derogations in the Existing Regulations as if the amendments made by these Regulations had not been made.