2004 No. 151
Non-IACS Farm Support (Review of Decisions) Regulations (Northern Ireland) 2004
Made
Coming into operation
The Department of Agriculture and Rural Development, being a Department designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy of the European Community in exercise of the powers conferred on it by the said section 2(2) and every other power enabling it in that behalf, hereby makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Non-IACS Farm Support (Review of Decisions) Regulations (Northern Ireland) 2004 and shall come into operation on 1st April 2004.
Interpretation2
1
The Interpretation Act (Northern Ireland) 19543 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
2
In these Regulations –
“application” means an application for a review of a relevant determination made under regulation 4(2) and “applicant” shall be construed accordingly;
“Department” means the Department of Agriculture and Rural Development; and
“relevant determination” means a determination to which these Regulations apply.
Application3
These Regulations shall apply in relation to any initial determination made by or on behalf of the Department –
a
in connection with the administration of any Scheme listed in the Schedule;
b
relating to any person whose trading address or, where there is more than one such address, whose principal trading address was in Northern Ireland at the date of the determination.
Review of Determinations4
1
The Department may establish such procedure as it thinks appropriate for the review by it or on its behalf of a relevant determination.
2
The procedures established under paragraph (1) shall –
a
provide for a review of a relevant determination to be carried out on the application of the person to whom it was directed; and
b
provide for the manner of making any such application.
3
Any such procedure so established may, in particular, provide for consideration of the initial determination by such persons (not exceeding three) as the Department may appoint for that purpose, with a view to their making a report of their conclusions in relation to the initial determination and a recommendation as to the manner in which the matter should be finally determined.
4
Where the Department establishes any such procedure as is mentioned in paragraph (3), it may –
a
pay to the persons so appointed such reasonable remuneration in respect of their functions under that procedure, and such travelling and other allowances, as it may determine; and
b
charge any applicant whose application is considered under the procedure so established such fee (not exceeding £100) as the Department may determine in respect of the costs incurred by it by virtue of the operation of that procedure in relation to the review in question.
5
Any procedure such as is mentioned in paragraph (3) may provide that, where the Department decides to charge fees under paragraph (4)(b), a review in respect of which a fee is payable shall not proceed unless the application for that review is accompanied by the fee.
6
Where, in pursuance of any such procedure as is mentioned in paragraph (3), a relevant decision is –
a
amended, altered or modified; or
b
revoked or substituted by another decision,
any fee payable by a person under paragraph (4)(b) in respect of the review shall be refunded to that person.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on 30th March 2004.
SCHEDULESCHEMES IN RESPECT OF WHICH THE SECRETARY OF STATE MAY ESTABLISH AN APPEALS PROCEDURE
Scheme | Council Regulation establishing the Scheme |
|---|---|
GENERAL | |
Aid for Concentrated Grape Must | (EC) No. 1493/19994 on the common organisation of the market in wine (Article 34) |
Aid for Dehydrated Fodder | (EC) No. 1786/20035 on the common organisation of the market in dried fodder |
Apple Consumption Aid | (EC) No. 2826/20006 on information and promotion actions for agricultural products on the internal market |
Beef Information Programme | (EC) No. 2826/20007 on information and promotion actions for agricultural products on the internal market (Articles 1 and 2) |
Butter for Manufacture | (EC) No. 1255/19998 on the common organisation of the market in milk and milk products (Article 13(1)(c) – (d)) |
Butter for Non-Profit Making Organisations | (EC) No. 1255/19999 on the common organisation of the market in milk andmilk products (Article 13(1)(a)) |
Control of Casein in Cheese Making | (EC) No. 1255/199910 on the common organisation of the market in milk andmilk products (Article 12) (EEC) No. 2204/9011 laying down additional general rules on the common organisation of the market in milk and milk products as regards cheese as last amended by (EC) No. 2583/200112 |
Casein Production Subsidy | (EC) No. 1255/199913 on the common organisation of the market in milk and milk products (Article 12) |
Citrus Processing Aid | (EC) No. 2202/9614 introducing a Community aid scheme for producers of certain citrus fruits (Article 1) |
Concentrated Butter for Direct Consumption | (EC) No. 1255/199915 on the common organisation of the market in milk and milk products (Article 13(1)(e)) |
End Use Control of Certain Fruit and Vegetables | (EC) No. 2202/9616 introducing a Community aid scheme for producers ofcertain citrus fruits (Article 30) |
Fibres Processing Aid | (EC) No. 1673/200017 on the common organisation of the markets in flax and hemp grown for fibre as last amended by (EC) No. 1782/200318 |
Fish Carry-Over Aid | (EC) No. 104/200019 on the common organisation of the markets in fishery and aquaculture products (Article 23) |
Fish Flat-Rate Aid | (EC) No. 104/200020 on the common organisation of the markets in fishery and aquaculture products (Article 24) |
Fish Flat-Rate Premium | (EC) No. 104/200021 on the common organisation of the markets in fishery and aquaculture products (Article 24) |
Fish Private Storage Aid | (EC) No. 104/200022 on the common organisation of the markets in fishery and aquaculture products (Article 25) |
Fish Withdrawals Compensation | (EC) No. 104/200023 on the common organisation of the markets in fishery and aquaculture products (Article 21) |
Fresh Fruit and Vegetables Withdrawals | (EC) No. 2200/9624 on the common organisation of the market in fruit and vegetables (Articles 23 and 24) as last amended by (EC) No. 2699/200025 |
Fruit and Vegetable Operational Programme | (EC) No. 2200/9626 on the common organisation of the market in fruit and vegetables (Articles 15 and 16) as last amended by (EC) No. 2699/200027 |
Fruit and Vegetable Producer Organisation Recognition | (EC) No. 2200/9628 on the common organisation of the market in fruit and vegetables (Articles 11 – 14) as last amended by (EC) No. 1881/200229 |
Grape Juice Aid | (EC) No. 1493/199930 on the common organisation of the market in wine (Article 35) as last amended by (EC) No. 2826/200031 |
Herbage Seed Production Aid | (EEC) No. 2358/7132 of the Council on the common organisation of the market in seeds (Article 1) as last amended by (EEC) No. 3695/9233 (EEC) No. 1674/7234 of the Council laying down general rules for granting and financing aid for seed (Article 1) as last amended by (EEC) No. 3795/8535 |
Milk Quotas | (EC) No. 1788/200336 establishing a levy in the milk and milk products sector Scheme |
Over Thirty Month Scheme | (EC) No. 1254/199937 on the common organisation of the market in beef and veal (Article 39) |
Promotions to Internal Market | (EC) No. 2826/200038 on information and promotion actions for agricultural products on the internal market (Article 1) |
Promotions to Third Countries | (EC) No. 2702/199939 on measures to provide information on, and to promote, agricultural products in third countries |
School Milk Scheme | (EC) No. 1255/199940 on the common organisation of the market in milk and milk products (Article 14) as last amended by (EC) No. 1787/200341 |
Selective Cull Scheme | (EC) No. 1254/199942 on the common organisation of the market in beef and veal (Article 39) |
Skimmed Milk Powder for Animal Feed | (EC) No. 1255/199943 on the common organisation of the market in milk and milk products (Article 11) |
Starch for Prescribed End Users | EEC) No. 1766/9244 on the common organisation of the market in cereals (Articles 7 and 8) as last amended by (EC) No. 1253/199945 |
INTERVENTION SCHEMES | |
Beef | (EC) No. 1254/199946 on the common organisation of the market in beef and veal (Title I) as last amended by (EC) No. 1782/200347 |
Cereals | (EEC) No. 1766/9248 on the common organisation of the market in cereals (Chapter 1 of Title I) as last amended by (EC) No. 1253/199949 |
Dairy | (EC) No. 1255/199950 on the common organisation of the market in milk and milk products (Chapter II) as last amended by (EC) No. 1787/200351 |
PRIVATE STORAGE AID SCHEMES | |
Beef | (EC) No. 1254/199952 on the common organisation of the market in beef and veal as last amended by (EC) No. 1782/200353 |
Dairy | (EC) No. 1255/199954 on the common organisation of the market in milk and milk products (Articles 9 and 10(b)) |
Pigmeat | (EEC) No. 2759/7555 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/200056 |
Sheepmeat and Goatmeat | (EC) No. 2529/200157 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/200358 |
SUGAR, OILS and STARCH | |
Cane Sugar Refining | (EC) No. 1260/200159 on the common organisation of the markets in the sugar sector (Articles 35 and 38) |
End Use Control of Certain Vegetable Oils | Regulation No. 136/66/EEC60 of the Council on the establishment of a common organisation of the market in oils and fats (Title I) as last amended by (EC) No. 3290/9461 |
Isoglucose Quotas and Production Levies | (EC) No. 1260/200162 on the common organisation of the markets in the sugar sector (Title I) |
Olive Oil Production Aid | Regulation No. 136/66/EEC63 of the Council on the establishment of a common organisation of the market in oils and fats (Title II) as last amended by (EC) No. 1513/200164 |
Production Refund on sugar used in the Chemical Industry | (EC) No. 1260/200165 on the common organisation of the markets in the sugar sector (Title I) |
Starch Refunds – Cereals– | (EEC) No. 1766/9266 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/200267 |
Starch Refunds – Rice | (EC) No. 3072/9568 on the common organisation of the market in rice (Article 7) |
Sugar Quotas and Production Levies | (EC) No. 1260/200169 on the common organisation of the markets in the sugar sector (Title I) |
EXTERNAL TRADE | |
Bananas | (EEC) No. 404/9370 on the common organisation of the market in bananas as last amended by (EC) No. 2587/200171 |
Beef and Veal | (EC) No. 1254/199972 on the common organisation of the market in beef and veal (Article 1 and Title II) |
Beef Import Tariff Quota | (EC) No. 1254/199973 on the common organisation of the market in beef andveal (Article 1 and Title II) |
Cereals | (EEC) No. 1766/9274 on the common organisation of the market in cereals (Title II) as last amended by (EC) No. 2377/2002 |
Eggs | (EEC) No. 2771/7575 on the common organisation of the market in eggs as last amended by (EC) No. 806/200376 |
Ethyl Alcohol | (EC) No. 670/200377 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (Article 4) |
Fish | (EC) No. 104/200078 on the common organisation of the markets in fishery and aquaculture products (Title V) |
Floriculture (live plants and flowers) | (EEC) No. 234/6879 on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage as last amended by (EC) No. 806/200380 |
Fruit and Vegetables | (EC) No. 2200/9681 on the common organisation of the market in fruit and vegetables (Title V) as last amended by (EC) No. 2699/200082 |
Milk/Milk Products | (EC) No. 1255/199983 on the common organisation of the market in milk and milk products (Title II) as last amended by (EC) No. 1040/200084 |
Oils/Fats | Regulation No. 136/66/EEC85 of the Council on the establishment of a common organisation of the market in oils and fats (Articles 13 to 20, 28 and 29) as last amended by (EC) No. 1513/200186 |
Oilseeds/Seeds | (EEC) No. 2358/7187 on the common organisation of the market in seeds (Articles 4, 5 and 7) as last amended by (EC) No. 3290/9488 |
Pigmeat | (EEC) No. 2759/7589 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/200090 |
Poultrymeat | (EEC) No. 2777/7591 on the common organisation of the market in poultrymeat as last amended by (EC) No. 806/200392 |
Processed Goods | (EC) No. 3448/9393 laying down the trader arrangements applicable to certain goods resulting from the processing of agricultural products as last amended by (EC) No. 2580/200094 |
Rice | (EC) No. 3072/9595 on the common organisation of the market in rice (Title II) as last amended by (EC) No. 192/9896 |
Sheepmeat and Goatmeat | (EC) No. 2529/200197 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/200398 |
Sugar, Isoglucose and Insulin Syrup | (EC) No. 1260/200199 on the common organisation of the markets in the sugar sector (Title II) |
Tobacco | (EEC) No. 2075/92100 on the common organisation of the market in raw tobacco as last amended by (EC) No. 806/2003101 |
Whisky refunds | (EEC) No. 1766/92102 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002103 |
Wine | (EC) No. 1493/1999104 on the common organisation of the market in wine (Title VII) |
(This note is not part of the Regulations.)