The Nitrate Sensitive Areas (Amendment) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Nitrate Sensitive Areas Regulations 1994 (as amended by S.I. 1995/1708 and S.I. 1995/2095) (“the principal Regulations”) 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, primarily Article 11 (which governs transfers of holdings entered into agreements or undertakings under the Agri-environment Regulation), Article 12 (force majeure), Article 13 (which authorises replacement of an agri-environment programme undertaking or agreement by another such undertaking or agreement) and Article 20 (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations).

The Regulations—

(a) restrict eligibility to persons who are not barred from giving an undertaking by virtue of the application of a penalty under Article 20(2) or by Article 20(3) of the Commission Regulation,

(b) amend regulation 12 of the principal Regulations to clarify that the Minister may only accept an upgrading of a scheme for the payment of aid under the principal Regulations where the conditions set out in Article 13 of the Commission Regulation are fulfilled (the primary conditions being that the transfer is of unquestionable benefit to the environment and that the existing undertaking is significantly reinforced),

(c) specify that entitlement to payment under the principal Regulations is subject to the provisions of Article 20(3) of the Commission Regulation,

(d) make provision to enable the Minister to recover grant and impose penalties in accordance with Articles 11, 12 and 20 of the Commission Regulation, and

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

The 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.