The Organic Aid (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations apply to Scotland. They introduce a new organic aid scheme for Scotland approved by Commission Decision C (2004) 153 of 21 January 2004 (unpublished) and close the present organic aid scheme provided by the Organic Aid (Scotland) Regulations 1994 (S.I. 1994/1701 as amended by S.I. 1996/3083 and 1999/107) (“the 1994 Regulations”). The Regulations continue to make provision for the payment of aid to farmers who undertake to introduce organic farming methods (“conversion grant”) and introduce new payments of aid to farmers–

(a) for capital items required to introduce organic farming methods (“capital grant”);

(b) to use organic farming methods once aid for introducing such methods ceases (“maintenance grant”); and

(c) to contribute to the cost of producing a conversion plan to apply for a conversion grant

pursuant to Articles 22 to 24 of Council Regulation (EC) No. 1257/99 (O.J. No. L 160, 26.6.99, p.80 as amended by Council Regulation (EC) No. 1783/2003 O.J. No. L 270, 21.10.03, p.70) (“the Council Regulation”).

The Regulations conform to the Commission Regulation (EC) No. 445/2002 (O.J. No. L 74, 15.3.02, p.1 as amended by Commission Regulation (EC) No. 567/2003 O.J. No. L 138, 5.6.03, p.32 and Commission Regulation (EC) No. 963/2003, O.J. No. L 82, 29.3.03, p.11) (“the Commission Regulation”) laying down detailed rules for the application of the Council Regulation and in particular Article 30 (transfer of holding), Article 33 (force majeure) Articles 35 and 36 (combination of aids) and Articles 62a, 63 and 64 (reimbursement of aid and penalties) of the Commission Regulation.

The Regulations–

(a) amend the payment rates for undertakings given under the 1994 Regulations (regulation 3);

(b) enable the Scottish Ministers to make payments of conversion grants, capital grants and maintenance grants as well as a contribution towards the cost of creating a plan to introduce organic farming methods on the relevant land to those satisfying the conditions of the Regulations (regulation 4);

(c) specify the conditions of eligibility to be satisfied by applicants for conversion grant (regulation 5);

(d) set out the undertakings to be given by applicants for conversion grants (regulation 6 and Schedule 4);

(e) set out the undertakings to be given by applicants for capital grant (regulation 7 and Schedule 1);

(f) specify the conditions of eligibility to be satisfied by applicants for maintenance grant (regulation 8);

(g) set out the undertakings to be given by applicants for maintenance grant (regulation 9 and Schedules 4 and 5);

(h) specify the conditions for the participation of common grazings committees (regulation 10);

(i) specify the requirements in relation to applications for aid and the documents to accompany such applications (regulation 11);

(j) specify restrictions on the acceptance of applications by the Scottish Ministers (regulation 12);

(k) set out how the Scottish Ministers will determine applications (regulation 13);

(l) specify the period, method of payment of aid and rates (regulation 14 and Schedules 3, 6 and 7);

(m) make provisions for phased conversions and phased entry into the maintenance part of the scheme (regulation 15 and Schedule 8);

(n) make provision for payment of aid to a new occupant where there has been a change in the occupation of a farm or part due to the death of the previous occupier or otherwise (regulation 16);

(o) confer on authorised persons powers of entry for the purposes of the Regulations and require that reasonable assistance be given to them for the exercise of these powers (regulation 17)

(p) specify circumstances when the Scottish Ministers may withhold aid or recover payments already made (regulations 18 to 20) and interest (regulation 21) and how the Scottish Ministers may do so (regulation 22);

(q) create offences and prescribe penalties (regulation 23);

(r) set out how notices shall be served (regulation 24);

(s) provide a right of appeal against withholding or recovery of aid (regulation 25); and

(t) close the 1994 Regulations to new applications (regulation 26).

Copies of the guidance from the Scottish Ministers–

(a) for these Regulations;

(b) on muirburn; and

(c) on avoiding damage to or destruction of historic or archaeological features or areas

may be obtained from local SEERAD offices.

No Regulatory Impact Assessment has been completed for this instrument.