The Suckler Cow Premium (Scotland) Regulations 2001

Interpretation

2.—(1) In these Regulations–

“applicant” means a producer who has applied for premium;

“authorised person” means a person (whether or not an officer of the Scottish Ministers) who is authorised by the Scottish Ministers, either generally or specifically, to act in matters arising under these Regulations;

“Commission Regulation 3887/92” means Commission Regulation (EEC) No 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes(1) (as amended by Commission Regulation (EC) No. 229/95(2) Commission Regulation (EC) No. 1648/95(3), Commission Regulation (EC) No. 2015/95(4), Commission Regulation (EC) No. 1678/98(5), Commission Regulation (EC) No. 2801/99(6), Commission Regulation (EC) No. 2721/2000(7) and Commission Regulation (EC) No. 882/2001(8));

“Commission Regulation 2342/1999” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes(9) (as amended by Commission Regulation (EC) No. 1042/2000(10), Commission Regulation (EC) No. 1900/2000(11), Commission Regulation (EC) No. 2733/2000(12) and Commission Regulation (EC) No. 192/2001(13));

“Council Regulation 3508/92” means Council Regulation (EEC) No 3508/92 establishing an integrated administration and control system for certain Community aid schemes (as amended)(14);

“Council Regulation 820/97” means Council Regulation (EC) No 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(15);

“Council Regulation 1254/1999” means Council Regulation (EC) No 1254/1999 on the common organisation of the market in beef and veal(16);

“electronic communication” has the same meaning as in the Electronic Communications Act 2000(17);

“forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999;

“holding” has the same meaning as in Article 3(b) of Council Regulation 1254/1999;

“the IACS Regulations” means the Integrated Administration and Control System Regulations 1993(18);

“livestock unit” means the unit of measurement used to establish the stocking density of a holding, and calculated in accordance with Article 12 of, and Annex III to, Council Regulation 1254/1999;

“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and "overgrazed" shall be construed accordingly;

“premium” means the premium for maintaining suckler cows and heifers which is payable under Article 6 of Council Regulation 1254/1999;

“premium animal” means, in respect of a particular scheme year, a suckler cow or heifer in respect of which an application for premium has been or will be made;

“producer” has the same meaning as in Article 3(a) of Council Regulation 1254/1999;

“Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and requiring the labelling of beef and beef products and repealing Council Regulation (EC) No, 820/97(19);

“relevant competent authority” has the same meaning as in regulation 2A of the IACS Regulations(20);

“retention period” means the retention period for premium animals referred to in Article 6(2) of Council Regulation 1254/1999 and starting as indicated in Article 16 of Commission Regulation 2342/1999;

“scheme year” means any calendar year in respect of which premium may be paid and includes any part of a retention period in relation to an application for premium in respect of a particular calendar year which falls within the following calendar year;

“specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92;

“specified record” means any record which an applicant is required (or has been required) to retain by virtue of–

(a)

regulation 7(1);

(b)

Article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990(21);

(c)

Article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995(22);

(d)

Articles 7(1) and 7(4 ) of Council Regulation (EC) No 820/97 and the Cattle Identification (Enforcement) Regulations 1997(23);

(e)

Articles 7(1) and 7(4) of Council Regulation (EC) No 820/97 and the Cattle Identification Regulations 1998(24);

(f)

Articles 7(1) and 7(4) of Regulation (EC) No 1760/2000 and the Cattle Identification Regulations 1998; or

(g)

regulation 5 of the Cattle (Identification of Older Animals) (Scotland) Regulations 2001(25); and

“unsuitable supplementary feeding methods” means provision of supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of land by animals or excessive rutting by vehicles.

(2) Other expressions used in these Regulations have, in so far as the context allows the same meanings as in Council Regulation 1254/1999, Commission Regulation 2342/1999 and Commission Regulation 3887/92.

(3) In these Regulations any reference to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.

(4) Any reference in these Regulations to a numbered regulation or paragraph is a reference to the regulation or paragraph of the regulation so numbered in these Regulations .

(1)

O.J. No. L 391, 31.12.92, p.36.

(2)

O.J. No. L 27, 4.2.95, p.3.

(3)

O.J. No. L 156, 7.7.95, p.27.

(4)

O.J. No. L 197, 22.8.95, p.2.

(5)

O.J. No. L 212, 30.7.98, p.23.

(6)

O.J. No. L 340, 31.12.99, p.29.

(7)

O.J. No. L 314, 14.12.00, p.8

(8)

O.J. No. L 123, 4.5.01, p.20.

(9)

O.J. No. L 281, 4.11.99, p.30.

(10)

O.J. No. L 118, 19.5.00, p.4.

(11)

O.J. No. L 228, 8.9.00, p.25.

(12)

O.J. No. L 316, 15.12.00, p.44.

(13)

O.J. No. L 29, 31.1.01, p.27.

(14)

O.J. No. L 355, 5.12.92, p.1, as last amended by Commission Regulation (EC) No. 1593/2000 (O.J. No. L 182, 21.7.00, p.4).

(15)

O.J. No. L 117, 7.5.97, p.1, repealed by Regulation (EC) No. 1760/2000 of the European Parliament and of the Council (O.J. No. L.204, 11.8.00, p.1).

(16)

O.J. No. L 160, 26.6.99, p. 21.

(17)

2000 c. 7.

(18)

S.I. 1993/1317 as amended by S.I. 1994/1134, 1997/1148, 1999/1820 and 2000/2573.

(19)

O.J. No. L 204, 11.8.00, p.1.

(20)

Regulation 2A was inserted by S.I. 2000/2573.

(21)

S.I. 1990/1867, as amended by S.I. 1993/503 and revoked by S.I. 1995/12.

(22)

S.I. 1995/12, partially revoked by S.I.1998/871.

(23)

S.I. 1997/1901, revoked by S.I. 1998/871.

(24)

S.I. 1998/871, as amended by S.I. 1998/1796, 1998/2969 and 1999/1339.

(25)

S.S.I 2001/1.