2004 No. 398
AGRICULTURE

The Common Agricultural Policy Support Schemes (Modulation) (Scotland) Amendment Regulations 2004

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement1.

These Regulations may be cited as the Common Agricultural Policy Support Schemes (Modulation) (Scotland) Amendment Regulations 2004 and shall come into force on 16th October 2004.

Amendment of the Common Agricultural Policy Support Schemes (Modulation) (Scotland) Regulations 20002.

(1)

The Common Agricultural Policy Support Schemes (Modulation) (Scotland) Regulations 20002 are amended in accordance with this regulation.

(2)

In regulation 3–

(a)

before the definition of “the Agrimonetary Regulation”, insert–
““the Act of Accession” means 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 founded3;”;

(b)

at the end of the definition of “the Council Regulation”4 insert “, as amended by Commission Regulation (EC) 41/20045 and the Act of Accession6”;

(c)

in each of the definitions of “farmer” and “holding”, for “Article 10(a) of the Council Regulation” and “Article 10(b) of the Council Regulation” respectively substitute “Article 1(3) of Council Regulation (EEC) 3508/92 establishing common rules for direct support schemes under the common agricultural policy of the European Community, as amended7”; and

(d)

at the end of the definition of “the Rural Development Regulation” insert “, as amended by Commission Regulation (EC) 1783/20038, the Act of Accession9 and Council Regulation (EC) 583/200410.”.

(3)

In regulation 5(b), for “Articles 13 to 21” substitute “Articles 13 to 20”.

ROSS FINNIE
A member of the Scottish Executive

St Andrew’s House, Edinburgh

(This note is not part of the Regulations)

These Regulations, which come into force on 16th October 2004, amend the Common Agricultural Policy Support Schemes (Modulation) (Scotland) Regulations 2000 (“the principal 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 Scotland, the proportion for each year is set out in regulation 4(1) of the principal Regulations.

The amendments in these Regulations reflect the amendment of Council Regulation (EC) 1259/1999 (O.J. No. L 160, 26.6.1999, p.113) by Commission Regulation (EC) 41/2004 (O.J. No. L 006, 10.01.2004, p.19), which replaces 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 (O.J. No. L 270, 21.10.2003, p.1) (dairy premium and additional payments, durum wheat, protein crops, potato starch, nuts and energy crops) will be subject to modulation in Scotland, in addition to the direct support schemes that are already subject to modulation.

These Regulations also make amendments to update the principal Regulations to reflect recent minor and technical amendments to other Community instruments.

A full Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the cost of business.