The Apple and Pear Orchard Grubbing Up Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke the Apple Orchard Grubbing Up Regulations 1991 (S.I. 1991/3), the Apple Orchard Grubbing Up (Amendment) Regulations 1994 (S.I. 1994/2731) and the Apple Orchard Grubbing Up (Amendment) Regulations 1995 (S.I. 1995/40)—see regulation 3. Those Grubbing Up Regulations provided for the administration and enforcement of a scheme for the payment of a premium to growers of apples who grubbed up their apple trees. The scheme was established for three separate periods between 1991 and 1995. Restrictions apply in relation to the grubbed land and areas of retained orchards and their occupiers and owners for the time being for fifteen years after recipients of premium had grubbed up apple trees under the scheme, and are preserved by regulation 4(2).

A new Community scheme was established by Council Regulation (EC) No. 2200/97 (OJ No. L 303, 6.11.97, p. 3). The detailed rules for the scheme are laid down in Commission Regulation (EC) No. 2467/97 (OJ No. L 341, 12.12.97, p. 3).

These Regulations provide for the administration and enforcement of the restrictions and other rules of the new scheme for the remainder of the fifteen year periods in which they will apply. Undertakings already given in relation to the rules of the new scheme that are being fulfilled when these Regulations come into force are treated for the purposes of these Regulations as continuing to be fulfilled on the date they come into force. Those undertakings which are not being fulfilled on that date are not so treated (regulation 4(1)).

Regulation 5 of these Regulations provides for circumstances in which the grubbing up of apple and pear trees and replanting of apple, pear, peach or nectarine trees on the holding of the recipient of premium under the scheme may be permitted. In accordance with Article 3 of the Commission Regulation subsequent grubbing up of apple and pear trees and replanting of apple, pear, peach or nectarine trees is permitted providing the replanting does not extend the area of the holding planted with apple or pear trees. Prior notice of the intended grubbing up and replanting must be given to the appropriate Minister and no replanting may be carried out before the intended grubbing up has been completed.

Regulation 6 makes provision for the administration of the scheme rule that on a transfer of a holding affected by the grubbing up of apple or pear trees under the scheme the new owner must give an undertaking to comply with the rules of the scheme. Notice of the transfer and new undertaking must be given to the appropriate Minister. Regulation 7 provides for recovery of premium and a fixed penalty, in accordance with Article 7(3) of the Commission Regulation, where the required undertakings have not been fulfilled during the fifteen year period of the scheme after the grubbing up concerned.

Regulation 8 applies those sanctions where a required undertaking or notice has not been given. Regulation 9 provides for recovery of interest on premium repayable under the scheme rules. Regulation 10 confers powers of entry and inspection on persons authorised by the appropriate Minister. Regulation 11 provides for offences and penalties for obstruction of authorised persons. Regulation 12 specifies that an amount recoverable or payable on demand under the Regulations is recoverable as a debt.