Extensification Payment Regulations (Northern Ireland) 2001

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations—

“authorised person” means a person who is authorised by the Department, either generally or specially, to act, subject to regulation 13, in matters arising under these Regulations;

“beef special premium” means the special premium for male bovine animals provided for in Article 4 of Council Regulation 1254/1999;

“bovine animal” means an animal of the domestic bovine species;

“cattle passport” means, in relation to a bovine animal—

(a)

to which the Cattle Passport Regulations (Northern Ireland) 1999(2) applies, a cattle passport as defined in regulation 2(2) of those Regulations;

(b)

to which Article 6(1) of Council Regulation 820/97 applied, a valid cattle passport issued pursuant to that Article; and

(c)

to which Article 6(1) of Regulation 1760/2000 applies, a valid cattle passport issued pursuant to that Article;

“census date” means a date determined by the Department pursuant to the first sub-paragraph of Article 32(3) of Commission Regulation 2342/1999, on which bovine animals on claimants' holdings are to be counted in accordance with the third sub-paragraph of the said Article 32(3);

“claim” means an indication, given in accordance with Article 32(1) of Commission Regulation 2342/1999, that a producer wishes to participate in the extensification payment scheme and “claimed”, in relation to an extensification payment, shall be interpreted accordingly;

“claimant” means a producer who submits a claim;

“claimant’s document” means any of the following documents or records, whether in writing or kept by means of a computer—

(a)

any cattle passport;

(b)

any register kept in compliance with Article 7(1) and (4) of Regulation 1760/2000;

(c)

any document completed in compliance with regulation 7(1) of the Cattle Identification (Notification of Births, Deaths and Movements) Regulations (Northern Ireland) 1999(3);

(d)

any record made under Article 3 of the Animals (Records) Order (Northern Ireland) 1997(4);

(e)

any book, register (other than a register referred to in paragraph (b), bill, invoice, account, receipt, certificate, voucher, correspondence or other document or record relating to a bovine animal;

“Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes(5);

“Commission Regulation 2342/1999” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes(6) (as amended by Commission Regulation (EC) No. 1042/2000(7), Commission Regulation (EC) No. 1900/2000(8), Commission Regulation (EC) No. 2733/2000(9) and Commission Regulation (EC) No. 192/2001(10);

“the Community rules” means the rules concerning the extensification payment laid down in Articles 12, 13, 21 and 23 of Council Regulation 1254/1999 and Chapter IV of Commission Regulation 2342/1999;

“Council Regulation 820/97” means Council Regulation (EC) No. 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products(11);

“Council Regulation 1254/1999” means Council Regulation (EC) No.1254/1999 on the common organisation of the market in beef and veal(12);

“Department” means the Department of Agriculture and Rural Development;

“extensification payment” means the extensification payment granted, for each beef special premium and suckler cow premium granted, to producers who comply with certain stocking density requirements, which is provided for in Article 13 of Council Regulation 1254/1999;

“holding” means all the production units managed by a producer situated within the United Kingdom;

“the IACS Regulations” means the Integrated Administration and Control System Regulations 1993(13);

“officer” means a director, manager, secretary or other similar officer of a claimant which is a body corporate, or any person who purports to act in any such capacity;

“producer” has the same meaning as in Chapter 1 of Title I of Council Regulation 1254/1999;

“Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef products and repealing Council Regulation (EC) No. 820/97(14);

“relevant competent authority” has the same meaning as in the IACS Regulations;

“the simplified scheme” means the system of checking compliance with the stocking density requirements laid down in Article 13(2) of Council Regulation 1254/1999 on the basis of a claimant’s declaration and undertaking, which is provided for in Article 32(4) of Commission Regulation 2342/1999;

“specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92;

“the standard scheme” means the system of checking compliance with the stocking density requirements laid down in Article 13(2) of Council Regulation 1254/1999 by counting bovine animals on census dates, which is provided for in Article 32(3) of Commission Regulation 2342/1999;

“suckler cow premium” means the premium for maintaining suckler cows provided for in Articles 6 to 10 of Council Regulation 1254/1999.

(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

(1)

1954 c. 33 (NI)

(2)

S.R. 1999 No. 324

(3)

S.R. 1999 No. 265

(4)

S.R. 1997 No. 172 amended by S.R. 1998 No. 27 and S.R. 2000 No. 344

(5)

O.J. No. L391, 31.12.92, p.36, as last amended by Commission Regulation (EC) No. 2721/2000 (O.J. No. L314, 14.12.2000, p. 8)

(6)

O.J. No. L281, 4.11.1999, p. 30

(7)

O.J. No. L118, 19.5.2000, p. 4

(8)

O.J. No. L228, 8.9.2000, p. 25

(9)

O.J. No. L316, 15.12.2000, p. 44

(10)

O.J. No. L29, 31.1.2001, p. 27

(11)

O.J. No. L117, 7.5.1997, p. 1 repealed by Regulation (EC) No. 1760/2000 of the European Parliament and of the Council (O.J. No. L204, 11.8.2000, p. 1)

(12)

O.J. No. L160, 26.6.1999, p. 21

(13)

S.I. 1993 No. 1317, amended by S.I. 1994/1134, 1997/1148, 1999/1820 and S.I. 2000/2573

(14)

O.J. No. L204, 11.8.2000, p. 1