The Common Agricultural Policy Support Schemes (Modulation) Regulations (Northern Ireland) 2000

Statutory Rules of Northern Ireland

2000 No. 346

AGRICULTURE

The Common Agricultural Policy Support Schemes (Modulation) Regulations (Northern Ireland) 2000

Made

16th November 2000

Coming into operation

1st January 2001

The Department of Agriculture and Rural Development being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement N.I.

1.  These Regulations may be cited as the Common Agricultural Policy Support Schemes (Modulation) Regulations (Northern Ireland) 2000 and shall come into operation on 1st January 2001.

Commencement Information

I1 Reg. 1 in operation at 1.1.2001, see reg. 1

Application N.I.

2.  In relation to payments to a farmer under any F1 ... support scheme, these Regulations shall apply, and shall apply only, in so far as the Department is the relevant competent authority in relation to the farmer’s holding.

Textual Amendments

F1 Word in reg. 2 deleted (16.10.2004) by The Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/405), regs. 1, 3(a)

Commencement Information

I2 Reg. 2 in operation at 1.1.2001, see reg. 1

Interpretation N.I.

3.—(1) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations—

“agrimonetary compensation” means a payment made pursuant to Articles 4 or 5 of the Agrimonetary Regulation by way of supplement to a payment (“the principal payment”) made pursuant to a support scheme;

“the Agrimonetary Regulation” means Council Regulation (EC) No. 2799/98 establishing agrimonetary arrangements for the euro(4);

F2 ...

“the Council Regulation” means Council Regulation (EC) No. 1259/1999(5) establishing common rules for direct support schemes under the common agricultural policy of the European Community [F3 , as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded];

“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes(6) [F4 , as last amended by Commission Regulation (EC) No. 495/2001];

“farmer” has the meaning given to it by [F5 Article 1(3)] of Council Regulation 3508/92;

“holding” has the meaning given to it by [F5 Article 1(3)] of Council Regulation 3508/92;

F6 ...

F2 ...

F6 ...

“the Department” means the Department of Agriculture and Rural Development;

“the relevant amount” means any amount which, if regulation 4 did not apply, would be payable by the Department F7 ... pursuant to the support scheme in question;

“relevant competent authority” means the authority which is the relevant competent authority within the meaning of the Integrated Administration and Control System Regulations 1993(7);

“relevant purposes” means the purposes of any payment made pursuant to any measure which implements any provision of [F8 Articles 13 to 20, Articles 22 to 24] or Article 31 of the Rural Development Regulation;

“relevant scheme year” means the scheme year beginning in 2001 or in any subsequent year up to and including 2006;

“the Rural Development Regulation” means Council Regulation (EC) No. 1257/1999(8) on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations [F9 , as last amended by Council Regulation (EC) No. 583/2004];

“scheme year” means the twelve months in respect of which payments are made pursuant to the support scheme in question; and

[F10 “support scheme” means any support scheme falling within Annex I to the Council Regulation.]

(3) For the purposes of these Regulations, a payment is made pursuant to a support scheme if—

(a) it is made pursuant to that scheme; or

(b) in so far as it is financed by the Guarantee section of the European Guidance and Guarantee Fund, it is made pursuant to any determination made by the Department in implementation of that scheme.

Textual Amendments

F2 Words in reg. 3(2) deleted (15.11.2001) by The Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686), regs. 1(1), 7(17)(a)(i) (with reg. 8)

F3 Words in reg. 3(2) inserted (16.10.2004) by The Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/405), regs. 1, 3(b)(ii)

F4 Words in reg. 3(2) inserted (16.10.2004) by The Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/405), regs. 1, 3(b)(iii)

F5 Words in reg. 3(2) substituted (16.10.2004) by The Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/405), regs. 1, 3(b)(iv)

F6 Words in reg. 3(2) deleted (16.10.2004) by The Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/405), regs. 1, 3(b)(i)

F7 Words in reg. 3(2) deleted (15.11.2001) by The Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686), regs. 1(1), 7(17)(a)(ii) (with reg. 8)

F8 Words in reg. 3(2) substituted (16.10.2004) by The Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/405), regs. 1, 3(b)(v)

F9 Words in reg. 3(2) inserted (16.10.2004) by The Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/405), regs. 1, 3(b)(vi)

F10 Words in reg. 3(2) substituted (16.10.2004) by The Common Agricultural Policy Support Schemes (Modulation) (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004/405), regs. 1, 3(b)(vii)

Commencement Information

I3 Reg. 3 in operation at 1.1.2001, see reg. 1

Modulation of support scheme payments N.I.

4.—(1) For the purposes of calculating the amount of any payment to which any person is entitled pursuant to any support scheme in respect of a relevant scheme year, the Department F11 ... shall deduct from the relevant amount the specified proportion of that amount, and shall apply the sum so deducted by way of funds for one or more of the relevant purposes.

(2) For the purposes of paragraph (1), a payment of agrimonetary compensation shall be treated as made in respect of the scheme year in respect of which the principal payment which it supplements was made.

(3) In this Regulation, “the specified proportion” means—

(a) in respect of the scheme year which begins in 2001, 2.5%;

(b) in respect of the scheme year which begins in 2002, 3.0%;

(c) in respect of the scheme year which begins in 2003 and that which begins in 2004, 3.5%; and

(d) in respect of the scheme year which begins in 2005 and that which begins in 2006, 4.5%

Textual Amendments

F11 Words in reg. 4(1) deleted (15.11.2001) by virtue of The Intervention Board for Agricultural Produce (Abolition) Regulations 2001 (S.I. 2001/3686), regs. 1(1), 7(17)(b) (with reg. 8)

Commencement Information

I4 Reg. 4 in operation at 1.1.2001, see reg. 1

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 16th November 2000.

L.S.

R. Jordan

Senior Officer of the

Department of Agriculture and Rural Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations, which come into force on 1st January 2001, implement as respects Northern Ireland Articles 4 and 5 of Council Regulation (EC) No. 1259/1999 establishing common rules for direct support schemes under the common agricultural policy of the European Community (O.J. No. L160, 26.6.1999, p. 113), (“the Council Regulation”). Article 4 of the Council Regulation permits Member States to reduce the amounts of payments under the support schemes listed in the Annex to that Regulation where (inter alia) the total amounts of payments granted under such support schemes in respect of a calendar year exceed limits to be decided by the Member State in question. In the United Kingdom that limit has been set at nil and the reduction is therefore applicable in relation to all payments under the specified support schemes. The amounts by which such payments are reduced are required to be made available as additional Community support for any of the rural development measures specified in Article 5(2) of the Council Regulation, in so far as they apply in the Member State concerned.

These Regulations accordingly require the Department of Agriculture and Rural Development or, as the case may be, the Intervention Board to deduct a specified proportion (2.5% in the year 2001, 3.0% in the year 2002, 3.5% in the years 2003 and 2004, and 4.5% in the years 2005 and 2006) from any payment they make pursuant to any of the said support schemes, the amounts thus deducted to be applied in accordance with the said Article 5(2) (regulation 4).

No Regulatory Impact Assessment has been prepared in respect of these Regulations.

(1)

S.I. 1972/1811

(2)

1972 c. 68

(3)

1954 c. 33 (N.I.)

(4)

O.J. No. L349, 24.12.98, p. 1

(5)

O.J. No. L160, 26.6.99, p. 113

(6)

O.J. No. L355, 5.12.92, p. 1, last amended by Council Regulation (EC) No. 1593/2000 (O.J. No. L182, 21.7.2000, p. 4)

(7)

S.I. 1993/1317, amended by S.I. 1994/1134, 1997/1148 and 2000/2573

(8)

O.J. No. L160, 26.6.99, p. 80