Eligibility of claimants for less favoured area compensatory allowance
4.—(1) Subject to regulation 5 a claimant shall be eligible for less favoured area compensatory allowance if, and only if,—
(a)his application is made in such form and contains such particulars relating to that application as the Department requires;
(b)his application is submitted no later than the 19th January 2007;
(c)the claimed forage area entered in that application complies with one of the conditions specified in paragraph (3); and
(d)subject to paragraph (4), the notional livestock density is not less than 0.2.
(2) Article 21 of Commission Regulation 796/2004 (late submission) shall apply to a claim made in an application submitted after 19th January 2007.
(3) The conditions are—
(a)that the claimed forage area lying within the less favoured area is not less than three hectares; or
(b)where the claimed forage area lying within the less favoured area is not less than one hectare but less than three hectares, the total claimed forage area includes land situated in a related less favoured area which is eligible for related less favoured area allowance.
(4) The Department may determine that a notional livestock density of less than 0.2 is sufficient for the purposes of paragraph (1)(c) if it is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, having regard, in particular, to the number of animals kept on the eligible forage area and any obligation of the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.
(5) In order to enable it to consider whether to exercise its discretion under paragraph (4), the claimant shall provide the Department with such information as it reasonably may require.
(6) The following Articles of Commission Regulation 769/2004 shall apply to a claim for less favoured compensatory allowance—
(a)Article 19 (Obvious error);
(b)Article 22 (Withdrawal);
(c)Article 51(Over declaration);
(d)Article 53 (Intentional over declaration);
(e)Article 66 (Cross-Compliance — reductions in the case of negligence);
(f)Article 67 (Cross-Compliance — reductions in the case of intentional non-compliance); and
(g)Article 68 (Exceptions from the application of reductions).