(This note is not part of the Regulations)
These Regulations amend the Less Favoured Area Support Scheme (Scotland) Regulations 2010 (“the 2010 Regulations”). The 2010 Regulations make provision for the purposes of the implementation of Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (OJ L 277, 21.10.2005, p.1), Commission Regulation (EC) No 1974/2006 (OJ L 368, 23.12.2006, p.15) and Commission Regulation (EU) No 65/2011 (OJ L 25, 28.1.2011, p.8), both laying down detailed rules for the application of Council Regulation 1698/2005.
Regulation 4 amends the definition of “historic land area” in regulation 9(8) of the 2010 Regulations. That definition relates to the calculation of stocking density based on the applicant’s livestock units and area of land during a historical reference period. This is relevant to the calculation of the amount of less favoured area support in accordance with regulations 7, 8 and 10 of the 2010 Regulations.
In determining the historic land area for the purposes of the 2010 Regulations, the amendment made by regulation 4 enables account to be taken of—
forage land declared by the applicant in relation to a single application in 2009 where no grazing category has been attributed for the purpose of previous less favoured area support schemes; and
penalties imposed under Commission Regulation (EC) No 1975/2006 (OJ L 368, 23.12.2006, p.74) as well as Commission Regulation (EU) No 65/2011. Although Commission Regulation (EC) No 1975/2006 was repealed by Article 34(1) of Commission Regulation (EU) No 65/2011, it continues to apply in respect of payment claims submitted before 1st January 2011.
Regulation 3 amends regulation 2(1) of the 2010 Regulations to insert a definition of Commission Regulation (EC) No 1975/2006.
No Business and Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the cost of business.