The Sheep Annual Premium (Amendment) Regulations 1996

Statutory Instruments

1996 No. 49

AGRICULTURE

The Sheep Annual Premium (Amendment) Regulations 1996

Made

11th January 1996

Laid before Parliament

11th January 1996

Coming into force

1st February 1996

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(1) for the purposes of section 2(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 the said section 2(2), 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 Sheep Annual Premium (Amendment) Regulations 1996, shall extend to Great Britain and shall come into force on 1st February 1996.

Amendments to the Sheep Annual Premium Regulations 1992

2.—(1) The Sheep Annual Premium Regulations 1992(3) shall be amended in accordance with the following paragraphs of this regulation.

(2) Regulation 4 (keeping and retention of a register) is revoked, except insofar as the obligation to retain a register required to be kept under that regulation is concerned.

(3) In paragraph (1)(a) of regulation 5 (powers of authorised officers), for the existing text substitute “carrying out any check which a member State is required to carry out by Article 6 of the Commission Regulation”.

(4) In paragraph (5)(a) of regulation 5, after “record” insert “the producer is required to keep by article 5 of the Sheep and Goats (Records, Identification and Movement) Order 1996(4) (“the 1996 Order”)”.

(5) Insert the following regulation after regulation 8 (recovery of payments)—

“Failure to comply with the 1996 Order

8A.   Where at any time during a marketing year a producer fails to comply with article 5 of the 1996 Order, the competent authority may withhold or recover on demand the whole or any part of any premium payable or as the case may be paid to the producer in respect of that marketing year.”.

Tony Baldry

Minister of State, Ministry of Agriculture, Fisheries and Food

10th January 1996

Lindsay

Parliamentary Under Secretary of State, Scottish Office

11th January 1996

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Sheep Annual Premium Regulations 1992 (S.I. 1992/2677, as already amended by S.I. 1994/2741 and S.I. 1995/2779). Like S.I. 1992/2677, these Regulations extend to Great Britain only.

2.  The amendments made by these Regulations are principally in consequence of the implementation of Council Directive 92/102/EEC on the identification and registration of animals (OJ No. L355, 5.12.92, p.32) so far as it relates to sheep and goats by the Sheep and Goats (Records, Identification and Movement) Order 1996 (S.I. 1996/28).

3.  The amendments made to S.I. 1992/2677 by these Regulations in consequence of the above implementation are as follows—

(a) regulation 4 (keeping and retention of a register) is revoked, save for the purpose specified in regulation 2(2) of these Regulations;

(b) paragraph (5)(a) of regulation 5 (powers of authorised officers) is amended to reflect the records a producer is required to keep by virtue of article 5 of S.I. 1996/28;

(c) a new regulation is inserted, regulation 8A, providing that where a producer fails to comply with article 5 of S.I. 1996/28 he is exposed to the risk of having premium payments withheld or as the case may be recovered.

4.  Paragraph (1)(a) of regulation 5 is amended to reflect the control measures applicable to the sheep annual premium scheme which are set out in Article 6 of Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes (OJ No. L391, 31.12.92, p.36).

5.  Article 5 of Council Regulation (EEC) No. 3013/89 on the common organisation of the market in sheepmeat and goatmeat (OJ No. L289, 7.10.89, p.1) continues to provide the legal base for the making of sheep annual premium payments.

6.  No compliance cost assessment has been prepared.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

S.I. 1992/2677, amended by S.I. 1994/2741 and S.I. 1995/2779.

(4)

S.I. 1996/28.