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4. For regulation 9 substitute the following—
9.—(1) This regulation applies in relation to permanent fruit and vegetable crops and nurseries.
(2) Pursuant to the derogation in the second sub-paragraph of Article 51 of the Council Regulation, parcels declared in accordance with the first sub-paragraph of that Article may not be used for production of permanent fruit and vegetable crops or nurseries until 1st January 2009; and “eligible hectare” is to be construed accordingly for the purposes of applying the Community instruments referred to in these Regulations.”.
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