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The Environmentally Sensitive Areas (England) Designation Orders (Amendment) Regulations 1996

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This is the original version (as it was originally made).

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the environmentally sensitive areas designation orders made under section 18 of the Agriculture Act 1986 designating areas in England as environmentally sensitive areas, which implement in part a zonal programme approved by the European Commission (“the Commission”) under Article 7 of Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p. 85) (“the Agri-environment Regulation”) on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside.

These Regulations make provision to implement Commission Regulation (EC) No. 746/96 (OJ No. L102, 25.4.96, p. 19) (“the Commission Regulation”) laying down detailed rules for the application of the Agri-environment Regulation, in particular Article 3 (which sets a stocking restriction on conversion of arable land to pasture), Article 10 (which prevents duplication of aid under Community schemes in respect of an undertaking), Article 12 (force majeure), and Article 20 (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations).

The Regulations—

(a)clarify the entitlement to payment under the principal Regulations is subject to the provisions of Article 10 and Article 20(3) of the Commission Regulation,

(b)make provision to enable the Minister to recover grant and impose penalties in accordance with Articles 12 and 20 of the Commission Regulation,

(c)set a rate of interest where recovery of money is to include interest in accordance with Article 20(1) of the Commission Regulation, and

(d)impose stocking restrictions in those environmentally sensitive areas which provide for payments for conversion of arable land to pasture.

These Regulations form part of a package submitted to the Commission under Article 23 of the Commission Regulation.

No Compliance Cost Assessment in relation to these Regulations has been prepared.

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