The Beef Special Premium Regulations 1996

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires–

“additional amounts” means the additional amounts payable pursuant to Article 4h(1) of Council Regulation 805/68;

“animal” means a male bovine animal within the meaning of Article 1(2)(a) of Council Regulation 805/68;

“animal in the first age bracket” means a steer which on the date of the commencement of the retention period for it is not less than 8 months old and not more than 20 months old;

“animal in the second age bracket” means a steer which on the date of the commencement of the retention period for it is not less than 21 months old;

“applicant” means a producer who has applied for Community premium in respect of a given calendar year;

“appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales or Scotland, the Secretary of State;

“authorised person” means a person (whether or not an officer of the Minister concerned) who is authorised by the appropriate Minister, either generally or specifically, to act in matters arising under these Regulations;

“bull” means an uncastrated animal which on the date of the commencement of the retention period for it is not less than 8 months old and not more than 20 months old;

“bull premium” means the premium payable pursuant to Article 4b(2)(a) of Council Regulation 805/68;

“Commission Regulation 3886/92” means Commission Regulation (EEC) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and repealing Regulations (EEC) No. 1244/82 and (EEC) No. 714/89(1);

“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(2);

“Community premium” means one or more of the first premium, the second premium and the bull premium;

“Council Regulation 805/68” means Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and veal(3);

“ear-tag” means–

(a)

an ear-tag required to be attached to a bovine animal in accordance with article 8 of the Bovine Animals (Records, Identification and Movement) Order 1995(4); or

(b)

an ear-tag or mark such as is specified in paragraph (2) of that article;

“first premium” means the premium payable pursuant to the first indent of Article 4b(2)(b) of Council Regulation 805/68;

“forage area” has the same meaning as in Article 4g(3) of Council Regulation 805/68;

“holding” has the same meaning as in Article 4a of Council Regulation 805/68;

“imported” means imported into Great Britain;

“national administrative document” means a document issued in pursuance of Article 3 of Commission Regulation 3886/92, by the appropriate Minister or the competent authority in Northern Ireland;

“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;

“person who has applied for a national administrative document” means a person who has applied for a national administrative document under regulation 3, or a duplicate or replacement national administrative document under regulation 5 or 6, and shall include a person who has been issued with such a document under any such regulation;

“premium scheme” means the aid scheme referred to in Article 4b of Council Regulation 805/68;

“producer” has the same meaning as in Article 4a of Council Regulation 805/68;

“relevant date” means, in relation to an applicant, the date on which his application for Community premium in respect of a given scheme year is lodged with the appropriate Minister;

“retention period” means the period for which an animal has to be retained on an applicant’s holding if it is to qualify for Community premium and which is referred to in the first paragraph of Article 4 of Commission Regulation 3886/92;

“Scheme year” means any calendar year in respect of which Community premium may be paid, and includes any part of a retention period in relation to an application for that premium in respect of a given calendar year (whether or not the starting date for its commencement is set in accordance with regulation 10) which falls within the following calendar year;

“second premium” means the premium payable pursuant to the second indent of Article 4b(2)(b) of Council Regulation 805/68;

“sell” includes offer or expose for sale or have in possession for sale, and related expressions shall be construed accordingly;

“specified animal” means an animal which is over three months old;

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

“specified record” means any record which an applicant is required to retain by virtue of regulation 13;

“steer” means a castrated animal;

“third country” means any country or territory other than Northern Ireland or another member State;

“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by livestock or excessive rutting by vehicles.

(2) Any reference in these Regulations to–

(a) a numbered regulation is a reference to the regulaton in these Regulations so numbered; and

(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

(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)

OJ No. L391, 31.12.92, p. 20, as last amended by Commission Regulation (EC) No. 2311/96 (OJ No. L313, 3.12.96, p. 9).

(2)

OJ No. L391, 31.12.92, p. 36, as last amended by Commission Regulation (EC) No. 2015/95 (OJ No. L197, 22.8.95, p. 2).

(3)

OJ No. L148, 28.6.68, p. 24 (OJ/SE 1968, vol. I, p. 187), as last amended by Council Regulation (EC) No. 2222/96 (OJ No. L296, 21.11.96, p. 50).

(4)

S.I. 1995/12.