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

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Explanatory Note

(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.

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