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2.—(1) The Hill Livestock (Compensatory Allowances) Regulations 1994(1) shall be amended in accordance with the following paragraphs of this regulation.
(2) In the definition of “ECU” in paragraph (1) of regulation 2 (interpretation) there shall be substituted for the phrase beginning with the reference to Council Regulation (EEC) No. 3180/78(2) and ending with the reference to Council Regulation (EEC) No. 1971/89(3) the phrase “Council Regulation (EC) No. 3320/94 on the consolidation of the existing Community legislation on the definition of the ecu following the entry into force of the Treaty on European Union(4)”.
(3) In the definition of “livestock unit” in paragraph (1) of regulation 2 there shall be substituted for the phrase beginning with “Council Regulation” where those words appear for the first time and ending at the end of the definition the phrase “Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures(5), as last amended by Commission Regulation (EC) No. 2387/95(6)”.
(4) The following paragraph shall be substituted for paragraph (3) of regulation 3 (compensatory allowances)—
“(3) Subject to the following provisions of these Regulations, a compensatory allowance for cattle shall be payable in respect of the number of breeding cows comprised in a herd on the qualifying day at the following rates—
(a)in the case of cows maintained by a person whose eligible land comprises solely severely disadvantaged land, £47.50 or 150 ECU per cow;
(b)in the case of cows maintained by a person whose eligible land comprises severely disadvantaged land and disadvantaged land—
(i)£47.50 or 150 ECU per cow up to an amount of money calculated by multiplying the total number of hectares of that severely disadvantaged land which was included in an area aid application made under Commission Regulation 3887/92 in the year preceding the Scheme year to which that qualifying day relates or which is relevant afforested land by £88.70 and deducting from the resulting figure any compensatory allowance for sheep maintained by that person payable under paragraph (4)(a), and
(ii)thereafter for additional cows £23.75 or 150 ECU per cow; or
(b)in the case of cows maintained by a person whose eligible land comprises solely disadvantaged land, £23.75 or 150 ECU per cow.”.
(5) The following paragraph shall be substituted for paragraph (4) of regulation 3—
“(4) Subject to the following provisions of these Regulations, a compensatory allowance for sheep shall be payable in respect of the number of ewes comprised in a qualified flock on the qualifying day at the following rates—
(a)in the case of ewes of a hardy breed or hardy cross-breed comprised in a qualified flock which is a specially qualified flock, £5.75 or 22.50 ECU per ewe; and
(b)in the case of any other ewes maintained by a person—
(i)whose eligible land comprises solely severely disadvantaged land, £3 or 22.50 ECU per ewe,
(ii)whose eligible land comprises severely disadvantaged land and disadvantaged land, £3 or 22.50 ECU per ewe, for a number of ewes calculated by multiplying the total number of hectares of that severely disadvantaged land which was included in an area aid application made under Commission Regulation 3887/92 in the year preceding the Scheme year to which that qualifying day relates and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land by 6 and deducting from the resulting figure the number of ewes, if any, falling within sub-paragraph (a) of this paragraph, up to an amount of money calculated by multiplying the said total number of hectares by £88.70 and deducting from the resulting figure any compensatory allowance for cattle maintained by that person payable under paragraph (3)(b)(i) and any compensatory allowance for sheep maintained by that person payable under sub-paragraph (a) of this paragraph, and thereafter for additional ewes £2.65 or 22.50 ECU per ewe, or
(iii)whose eligible land comprises solely disadvantaged land, £2.65 or 22.50 ECU per ewe.”.
(6) For the existing text of regulation 5(1)(d) there shall be substituted—
“a number calculated at the rate of—
(i)six ewes for each hectare of severely disadvantaged land, and
(ii)nine ewes for each hectare of disadvantaged land,
which land was included in an area aid application made under Commission Regulation 3887/92 in the year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land”.
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