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The Arable Area Payments (Amendment) Regulations 1996

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Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Arable Area Payments Regulations 1995 (S.I. 1995/1738, as amended by S.I. 1995/2780) (“the Existing Regulations”). Like those Regulations, these Regulations apply throughout Great Britain. They make further provision for the implementation and supplementing of Council Regulation (EEC) No. 1765/92 which establishes a support system for producers of certain arable crops and the Commission Regulations made under it, namely Commission Regulation (EEC) 334/93 and Commission Regulations (EC) 762/94 and 658/96 (which repeals and replaces Commission Regulations (EEC) Nos. 2294/92, 2295/92 and 2780/92 with effect from 1st July 1996).

2.  Regulation 2(1) of the Existing Regulations defines these various Regulations and the definitions include amendments to them. These Regulations bring these references up to date by amending relevant definitions in the light of amendments to these EC Regulations and make consequential textual changes to the Existing Regulations.

3.  These regulations also make provision for the implementation of Articles 3 and 4 of Commission Regulation 658/96 (on certain conditions for granting compensatory payments under the support system for producers of certain arable crops) by the substitution of a new regulation 10 for regulation 10 of the Existing Regulations which deals with rapeseed. New provision is made in respect of local standards for sowing distance separation for the sowing of rapeseed; and a quality policy for rapeseed is implemented by setting out the restrictions on types of seeds eligible for compensatory payments.

4.  The new regulation 10 also provides for the application of Article 4 of Commission Regulation 334/93 (which lays down implementing rules for the use of land set aside for the provision of non-food crops). It specifies the standards for sowing distance in relation to rapeseed subject to which access to set-aside compensatory payments is permitted.

5.  Schedule 1, Part I of the Existing Regulation (derogations in England and Wales from the requirement to have farmed land for two years prior to setting in aside) is amended to take account of the changes made to agricultural tenancy legislation in England and Wales made by the Agricultural Tenancies Act 1995.

6.  Schedules 2 and 3 to the Existing Regulations (management requirements in relation to set-aside land and requirements in relation to land set aside for the provision of specified raw materials) are amended to vary the controls on cutting and spraying the green cover on set-aside land, to widen the range of crops which may be sown on set-aside land before the end of the set-aside period and to apply controls to the application of fertiliser, waste or lime to land set-aside to produce non-food crops.

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