Eligibility of claimants for less favoured area compensatory allowance
4.—(1) Subject to Article 14.2 of Council Regulation 1257/1999 (third indent), and to regulation 5, a claimant shall be eligible for less favoured area compensatory allowance if, and only if –
(a)his claim is made in an area aid application submitted in the year 2004;
(b)the claimed forage area entered in that area aid application complies with one of the conditions specified in paragraph (3); and
(c)subject to paragraph (4), the notional livestock density is not less than 0.2.
(2) Article 13 of Commission Regulation 2419/2001 (late submission) shall apply to a claim made in an area aid application submitted after 17th May 2004.
(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 other than relevant 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.