The Sheep Annual Premium and Suckler Cow Premium Quotas (Re-assessment of Eligibility) Regulations 1996

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“Council Regulation 805/68” means Council Regulation (EEC) No. 805/68 on the common organisation of the market in beef and veal(1);

“Council Regulation 3013/89” means Council Regulation (EEC) No. 3013/89 on the common organisation of the market in sheepmeat and goatmeat(2);

“Council Regulation 3493/90” means Council Regulation (EEC) No. 3493/90 laying down general rules for the grant of premium to sheepmeat and goatmeat producers(3);

“holding” has the same meaning as in—

(a)

Article 1(3) of Council Regulation 3493/90 to the extent that these Regulations relate to sheep annual premium quota;

(b)

Article 4a of Council Regulation 805/68 to the extent that these Regulations relate to suckler cow premium quota;

“lease” means—

(a)

a temporary lease under Article 5a(4)(d) of Council Regulation 3013/89 insofar as these Regulations relate to sheep annual premium quota;

(b)

a temporary transfer under Article 4e(3) of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota,

and related expressions shall be construed accordingly;

“marketing year” shall be construed in accordance with Article 3(3) of Council Regulation 3013/89;

“the Minister” means—

(a)

in relation to England, the Minister of Agriculture, Fisheries and Food;

(b)

in relation to the rest of Great Britain, the Secretary of State; and

(c)

in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;

“the national reserve for 1993” has the same meaning as in regulation 2(1) of the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993(4) (referred to subsequently in these Regulations as “the 1993 Regulations”);

“the national reserve for 1994” shall be construed in accordance with the definition of the phrase “the national reserve for any given year later than 1993” in the said regulation 2(1);

“producer” has the same meaning as in—

(a)

Article 1(1) of Council Regulation 3493/90 insofar as these Regulations relate to sheep annual premium quota; and

(b)

Article 4a of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota;

“quota” means sheep annual premium quota or as the case may be suckler cow premium quota;

“sensitive zone” means any sensitive zone specified in Schedule 1 to the 1993 Regulations, and a reference in these Regulations to a numbered sensitive zone is a reference to the sensitive zone so numbered in that Schedule;

“sheep” means eligible ewes as defined, prior to the 1993 marketing year, by Article 1(2) of Council Regulation (EEC) No. 872/84 laying down general rules for the granting of premiums to sheepmeat producers and repealing Regulation (EEC) No. 2643/80(5) and, with effect from the 1993 marketing year, by Article 1(4) of Council Regulation 3493/90;

“sheep annual premium quota” means the right to sheep annual premium (as defined by regulation 2(1) of the 1993 Regulations) subject to the individual limit referred to in Article 5a of Council Regulation 3013/89;

“suckler cow” has the same meaning as in Article 4a of Council Regulation 805/68;

“suckler cow premium quota” means the right to suckler cow premium (as defined by regulation 2(1) of the 1993 Regulations) subject to the individual ceiling referred to in Article 4d of Council Regulation 805/68;

“transfer” means—

(a)

a transfer of quota under Article 5a(4)(b) of Council Regulation 3013/89 insofar as these Regulations relate to sheep annual premium quota; and

(b)

a transfer of quota under Article 4e(1) of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota,

(but does not include a lease); and related expressions shall be construed accordingly.

(2) Any reference in these Regulations to a division of the national reserve for 1993 or 1994 is a reference to one of the divisions into which that reserve is divided in accordance with regulation 12 of the 1993 Regulations.

(3) Any reference in these Regulations to a numbered category is a reference to the category so numbered in Part I or as the case may be Part II of Schedule 2 to the 1993 Regulations.

(4) The requirement to use whole numbers set out in Article 14 of Commission Regulation (EEC) No. 3567/92 laying down detailed rules for the application of individual limits, national reserves and transfer of rights provided for in Articles 5a to 5c of Council Regulation 3013/89(6) shall apply in respect of the calculation of actual awards of sheep annual premium quota made under regulation 5(4) and any re-distribution of such quota effected under regulation 6 in the same manner as that requirement applies to the calculations referred to in that Article.

(5) The requirements as to the determination of partial rights set out in Article 40 of Commission Regulation (EEC) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation 805/68(7) shall apply in respect of the calculation of actual awards of suckler cow premium quota made under regulation 5(4) and any re-distribution of such quota effected under regulation 6 in the same manner as those requirements apply to the calculations referred to in that Article.

(6) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations come into force.

(7) In these Regulations, any reference to—

(a) a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation in these Regulations so numbered; and

(b) a numbered paragraph (with no corresponding reference to a specific provision) is a reference to the paragraph so numbered in the regulation in which the reference appears.

(1)

OJ No. L148, 28.6.68, p.24 (OJ/SE 1968(I) p.187).

(2)

OJ No. L289, 7.10.89, p.1.

(3)

OJ No. L337, 4.12.90, p.7.

(4)

S.I. 1993/1626, amended by S.I. 1993/3036 and S.I. 1994/2894.

(5)

OJ No. L90, 1.4.84, p.40.

(6)

OJ No. L362, 11.12.92, p.41.

(7)

OJ No. L391, 31.12.92, p.20.