The Arable Area Payments Regulations 1996

Requirements in relation to rapeseed

11.—(1) Subject to paragraphs (2) to (5) of this regulation, access to the compensatory payments in respect of rapeseed and colzaseed referred to in paragraph (3) of Article 4 of Commission Regulation 658/96 shall be permitted for each of the seed categories listed at sub-paragraphs (a) to (e) of that paragraph.

(2) In respect of the seed category listed in Article 4(3)(b) of Commission Regulation 658/96–

(a) a farmer who sows any variety of seed of that category on his holding shall not be entitled to receive compensatory payments in respect of the land sown with that seed unless that seed is qualifying seed and has been cleaned and dressed separately from any farm-saved rapeseed of a different variety produced on that holding and from seed not produced on that holding;

(b) for the purposes of sub-paragraph (a) above, seed is qualifying seed if it was harvested–

(i) during the pre-sowing harvest, or

(ii) subject to sub-paragraph (c) below, during the harvest immediately preceding the pre-sowing harvest; and

(c) seed harvested during the harvest immediately preceding the pre-sowing harvest is qualifying seed for the purposes of sub-paragraph (a) above only if–

(i) climatic conditions during the pre-sowing harvest were such that it was either not possible to harvest farm-saved rapeseed or not possible to clean and dress it as specified in sub-paragraph (a) above or to obtain the results of the mandatory analysis before the time at which it would be necessary to sow seed in order to obtain a successful crop, and

(ii) the farmer informed the seed sampler, before sowing such seed, that he intended to sow it because the conditions of paragraph (i) above were satisfied.

(3) In respect of the seed category listed in Article 4(3)(c) of Commission Regulation 658/96, seed sown or to be sown by a farmer shall be regarded as registered for inspection and control as required by that provision where–

(a) sufficient documentary evidence to show the intended use of the crop of that seed (as specified in that provision) comes into being before the sowing of that seed; and

(b) a copy of such evidence is lodged with the Minister not later than the application for the compensatory payment in respect of the land on which that seed is or is to be sown.

(4) In respect of the seed category listed in Article 4(3)(d) of Commission Regulation 658/96–

(a) a person who wishes to be specially approved as a buyer (as referred to in that provision) shall apply to the Minister for such approval in such form as the Minister may reasonably require;

(b) subject to sub-paragraphs (c), (d) and (e) below, the Minister shall approve such an application;

(c) the Minister may refuse an application for an approval if he believes on reasonable grounds that such a refusal is necessary to ensure that seed is not diverted from an intended use referred to in that provision;

(d) the Minister may revoke such an approval at any time after it has been given if he believes on reasonable grounds that such a revocation is necessary to ensure that seed is not diverted from an intended use referred to in that provision; and

(e) any such approval, refusal or revocation shall be given in writing to the person concerned and in the case of a refusal or revocation shall state the reasons for the Minister’s belief.

(5) In respect of the seed category listed in Article 4(3)(e) of Commission Regulation 658/96–

(a) a person who wishes to be approved as a first buyer (as referred to in that provision) shall apply to the Minister for such approval in such form as the Minister may reasonably require;

(b) subject to sub-paragraphs (c), (d) and (e) below, the Minister shall approve such an application;

(c) the Minister may refuse an application for an approval if he believes on reasonable grounds that such a refusal is necessary to ensure that seed is not diverted from an intended use referred to in that provision;

(d) the Minister may revoke such an approval at any time after it has been given if he believes on reasonable grounds that such a revocation is necessary to ensure that seed is not diverted from an intended use referred to in that provision; and

(e) such an approval, refusal or revocation shall be given in writing to the person concerned and in the case of a refusal or revocation shall state the reasons for the Minister’s belief.

(6) For the purposes of Article 3(1)(b) of Commission Regulation 658/96 (which restricts eligibility for compensatory payments in respect of arable crops to areas fully sown in accordance with local standards)–

(a) a farmer who sows–

(i) a crop of winter high erucic acid rapeseed within 50 metres of a crop of previously sown winter double zero rapeseed,

(ii) a crop of spring high erucic acid rapeseed within 50 metres of a crop of previously sown spring double zero rapeseed,

(iii) a crop of winter double zero rapeseed within 50 metres of a crop of previously sown winter high erucic acid rapeseed, or

(iv) a crop of spring double zero rapeseed within 50 metres of a crop of previously sown spring high erucic acid rapeseed, shall not be recognised as having sown that crop in accordance with local standards; and

(b) a farmer who, in any case referred to in paragraphs (i) to (iv) of sub-paragraph (a) above, has also sown the previously sown crop, shall not be recognised as having sown that previously sown crop in accordance with local standards.

(7) As provided for in Article 4 of Commission Regulation 334/93 (which permits exclusion of particular raw materials from the scheme implemented by that Regulation if they raise difficulties as regards agricultural practice, control, public health or the environment or in terms of criminal law)–

(a) where–

(i) a crop of winter high erucic acid rapeseed is sown within 50 metres of a crop of previously sown winter double zero rapeseed,

(ii) a crop of spring high erucic acid rapeseed is sown within 50 metres of a crop of previously sown spring double zero rapeseed,

(iii) a crop of winter double zero rapeseed is sown within 50 metres of a crop of previously sown winter high erucic acid rapeseed, or

(iv) a crop of spring double zero rapeseed is sown within 50 metres of a crop of previously sown spring high erucic acid rapeseed,

the crop sown later shall be excluded from that scheme; and

(b) where–

(i) any crop sown later which is referred to in one of paragraphs (i) to (iv) of sub-paragraph (a) above is sown in the location referred to in the paragraph concerned; and

(ii) the farmer who sowed that crop is also the farmer who sowed the previously sown crop referred to in that paragraph,

the previously sown crop shall be excluded from that scheme.

(8) For the purposes of this regulation–

(a) the “pre-sowing harvest”, in relation to the sowing of any seed, is the harvest immediately preceding the autumn or as the case may be spring in which the seed is sown;

(b) the “seed sampler” is an appointed agent of the Minister whom the Minister has authorised by letter to take the samples required for mandatory analysis;

(c) a “mandatory analysis” is the analysis required by sub-paragraph (b) of Article 4(3) of Commission Regulation 658/96 to ensure that farm-saved rapeseed conforms to the minimum quality criterion specified in that sub-paragraph;

(d) “double zero rapeseed” is any variety of rapeseed or colzaseed conforming to the glucosinolate and erucic acid requirements of Article 4(2) of Commission Regulation 658/96 and listed in Annex II to that Regulation;

(e) “high erucic acid rapeseed” means rapeseed or colzaseed of any variety conforming to the erucic acid requirement of Article 4(3)(e) of Commission Regulation 658/96;

(f) “winter double zero rapeseed” and “winter high erucic acid rapeseed” mean respectively double zero rapeseed and high erucic acid rapeseed sown in the year before the intended year of harvest of the crop derived from it;

(g) “spring double zero rapeseed” and “spring high erucic acid rapeseed” mean respectively double zero rapeseed and high erucic acid rapeseed sown in the calendar year in which it is intended to harvest the crop derived from it; and

(h) where a farmer, or a servant or agent of a farmer, is a seed sampler, the authorisation concerned shall not be taken to include authorisation to take seed samples in respect of seed which is to be sown by that farmer.