The Suckler Cow Premium (Amendment) Regulations 1997

Statutory Instruments

1997 No. 249

AGRICULTURE

The Suckler Cow Premium (Amendment) Regulations 1997

Made

6th February 1997

Laid before Parliament

7th February 1997

Coming into force

28th February 1997

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(1) for the purposes of subsection (2) of section 2 of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred on them by that subsection and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title, extent and commencement

1.  These Regulations may be cited as the Suckler Cow Premium (Amendment) Regulations 1997, shall extend to Great Britain and shall come into force on 28th February 1997.

Amendment to the Suckler Cow Premium Regulations 1993

2.  The Suckler Cow Premium Regulations 1993(3) shall be amended by the insertion of the following paragraph after paragraph (2) of regulation 3—

“(3) Where any additional payment provided for by Article 1 of Council Regulation (EC) No. 2443/96 providing for additional measures for direct support of producers' incomes or for the beef and veal sector(4) is made to a successful applicant, then—

(a) he shall be deemed to have applied for that payment under this regulation in the like manner that he applied for the premium concerned;

(b) the application he is deemed to have made as aforesaid shall for the purposes of paragraph (2) of this regulation be regarded as one and the same as the application he did make and which attracted that additional payment; and

(c) that additional payment shall for the purposes of regulations 3A to 12 (other than regulation 9(d)(ii)) be regarded as a payment of that premium.”.

Tony Baldry

Minister of State, Ministry of Agriculture, Fisheries and Food

5th February 1997

Lindsay

Parliamentary Under Secretary of State, Scottish Office

6th February 1997

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations make an amendment to the Suckler Cow Premium Regulations 1993 (S.I. 1993/1441, as already amended by S.I. 1994/1528, S.I. 1995/15, S.I. 1995/1446 and S.I. 1996/1488). Like S.I. 1993/1441, these Regulations extend to Great Britain only.

2.  The amendment is that, where the additional payments provided for by Council Regulation (EC) No. 2443/96 (OJ No. L333, 21.12.96, p. 2) are made to successful applicants for suckler cow premium, those payments are treated for the purposes of the bulk of those provisions of S.I. 1993/1441, as amended, which relate to financial control and enforcement as being suckler cow premium payments.

3.  The legal base for the payment of suckler cow premium continues to be Article 4d of Council Regulation (EEC) No. 805/68 (OJ No. L148, 28.6.68, p. 24 (OJ/SE 1968, vol. I, p. 187)). Article 4d was inserted by Council Regulation (EEC) No. 2066/92 (OJ No. L215, 30.7.92, p. 49).

4.  No compliance cost assessment has been prepared in respect of these Regulations.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

S.I. 1993/1441, amended by S.I. 1994/1528, S.I. 1995/15, S.I. 1995/1446 and S.I. 1996/1488.

(4)

OJ No. L333, 21.12.96, p.2.