Organic Farming Regulations (Northern Ireland) 2001

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and replace the Organic Farming Regulations (Northern Ireland) 1999 (S.R. 1999 No. 237). The Regulations provide for the payment of aid to farmers who undertake to introduce organic farming methods and comply with certain environmental management conditions, pursuant to Article 22 of Council Regulation (EC) No. 1257/1999 (O.J. No. L160, 26.6.1999, p. 80) (“the Rural Development Regulation”). Such aid is part of the rural development plan relating to Northern Ireland submitted by the United Kingdom to the European Commission pursuant to Article 41 of the Rural Development Regulation and which was approved by the Commission on 4th December 2000.

These Regulations implement certain provisions of Commission Regulation (EC) No. 1750/1999 (O.J. No. L214, 13.8.1999, p. 31) (“the Commission Regulation”) laying down detailed rules for the application of the Rural Development Regulation, in particular Article 29.2 (which concerns the extension, during the currency of an undertaking, of the area subject to that undertaking) and Article 48 (which provides for a penalty system and exclusion for false declarations).

The powers which are conferred by these Regulations are exercisable subject to the terms of Article 38 of the Rural Development Regulation (which restricts duplication of aid payments) and of certain provisions of the Commission Regulation, in particular, Article 29 (which governs transfers of holdings which are subject to agreements or undertakings under the Rural Development Regulation) and Article 30 (force majeure).

The Regulations—

(a) enable the Department of Agriculture and Rural Development (“the Department”) to make payments of aid, subject to specified conditions, and specify the rate of aid (regulations 3 and 4);

(b) specify the conditions of eligibility to be satisfied by applicants for aid (regulation 5), certain procedural and formal preconditions for the acceptance of applications for aid (regulations 6 and 9), and certain restrictions on the payment of aid (regulation 7); and permit the Department to refuse applications for aid in the event that financial resources available for aid under the Regulations are insufficient (regulation 8);

(c) provide for variations of undertakings given by applicants for aid and amendments to conversion plans (regulations 10 and 11);

(d) provide for the payment of aid to a new occupant where there has been a change in the occupation of an organic unit or part of an organic unit due to the death of a beneficiary or otherwise (regulation 12);

(e) impose obligations in respect of the keeping of records and confer powers of entry and inspection (regulations 13 and 14);

(f) provide for the withholding or recovery of aid and the recovery of interest (regulations 15, 16 and 17);

(g) provide for an offence of making a false statement, and make provision in relation to any such offence committed by a body corporate (regulations 18 and 19); and

(h) revoke, with a saving and transitional provisions, the Organic Farming Regulations (Northern Ireland) 1999 (regulation 20).

The Regulations make the following changes of substance:—

(a) the period for which an applicant must undertake to ensure that no livestock other than organic livestock or livestock undergoing organic conversion are grazed on his organic unit without the prior written agreement of the Department is extended from 62 days to 120 days in each grazing year as defined in regulation 2(2) (regulation 5(2)(b)(iii));

(b) an arbitration procedure is introduced (regulation 15(5)); and

(c) a beneficiary must undertake to abide by the Code of Good Farming Practice for the Environment published by the Department (paragraph 10 of Schedule 2).

The UKROFS standards are published by and copies are available from the Office of the Secretary to UKROFS, Room G47, Nobel House, 17 Smith Square, London SW1P 3JR.

Copies of the Codes of Good Agricultural Practice for the protection of Soil, Air and Water and Good Farming Practice (referred to in paragraph 10 of Schedule 2) are available free of charge from the Department of Agriculture, Annex D, Dundonald House, Upper Newtownards Road, Belfast BT4 3SB.