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These Regulations, which come into force on 16th October 2004, amend the Common Agricultural Policy Support Schemes (Modulation) Regulations 2000 (S.I. 2000/3127, as amended by S.I. 2001/3686) (“the 2000 Regulations”).
“Modulation” involves the making of a deduction from payments due under Common Agricultural Policy direct support schemes (also known as ‘Pillar I schemes’), and the reallocation of the amount so deducted to agri-environment, afforestation and less-favoured areas support schemes (which are rural development measures, also known as ‘Pillar II schemes’). The proportion which is to be deducted is fixed by Member States; in England, the proportion for each year is set out in regulation 4(3) of the 2000 Regulations.
The amendments in these Regulations reflect the amendment of Council Regulation (EC) 1259/1999 (OJ No. L 160, 26.6.1999, p. 113) by Commission Regulation (EC) 41/2004 (OJ No. L 006, 10.01.2004, p. 19), which replaced the Annex to that Council Regulation.
The effect is that payments under the direct support schemes introduced by Title IV of Council Regulation (EC) 1782/2003 (OJ No. L 270, 21.10.2003, p. 1) (dairy premium and additional payments, durum wheat, protein crops, potato starch, nuts and energy crops), and under certain other direct payment schemes, will be subject to modulation in England, in addition to the direct support schemes that are already subject to modulation.
Payments under the Sheep and Wildlife Enhancement Scheme, a scheme (pursuant to Article 11(1) and (2), first indent, of Council Regulation (EC) No 2529/2001 (O.J. No. L 341, 22.12.2001, p.3)) under which payments are made to farmers to introduce and maintain sustainable levels of grazing on sites of special scientific interest, are excluded from modulation.
These Regulations also make amendments to update the 2000 Regulations to reflect recent minor and technical amendments to other Community instruments, and the dissolution of the Ministry of Agriculture, Fisheries and Food.
A full regulatory impact assessment has not been prepared for this instrument as it has no impact on the cost of business.
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