The Common Agricultural Policy Single Payment and Support Schemes (Set-aside) Regulations (Northern Ireland) 2005

Interpretation

2.—(1) In these Regulations –

“collector” has the meaning given by Article 144(b) of Commission Regulation 1973/2004;

“Commission Regulation 795/2004” means Commission Regulation (EC) No. 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(1);

“Commission Regulation 1973/2004” means Commission Regulation (EC) No. 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No. 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials(2);

“the Council Regulation” means Council Regulation (EC) No. 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No. 2019/93, (EC) No. 1452/2001, (EC) No. 1453/2001, (EC) No. 1454/2001, (EC) No. 1868/94, (EC) No. 1251/1999, (EC) No. 1254/1999, (EC) No. 1673/2000, (EEC) No. 2358/71 and (EC) No. 2529/2001(3);

“Council Regulation 1251/1999” means Council Regulation (EC) No. 1251/1999 establishing a support system for producers of certain arable crops(4);

“the Cross Compliance Regulations 2005” means the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) Regulations (Northern Ireland) 2005(5);

“the Department” means the Department of Agriculture and Rural Development;

“farmer” has the meaning given by Article 2(a) of the Council Regulation;

“green cover” means a green cover established or, as the case may be, falling to be established in accordance with Schedule 1;

“green cover season” means the period from 15th January to 14th July in any given year;

“holding” has the meaning given by Article 2(b) of the Council Regulation;

“land set aside for non-food purposes” means land set aside pursuant to Article 55(b) of the Council Regulation under the conditions laid down in Chapter 16 of Commission Regulation 1973/2004 for the provision of materials for the manufacture within the European Community of products not primarily intended for human or animal consumption, and any reference to a farmer setting aside land for that purpose shall be construed accordingly;

“land set aside from production” means land set aside pursuant to Article 54(3) of the Council Regulation (other than land set aside for non-food purposes), and any reference to a farmer setting aside land from production shall be construed accordingly;

“organic waste” means waste material produced by or from animals or plants as a by-product of agricultural production, including animal bedding;

“processor” has the same meaning as in Commission Regulation 1973/2004;

“set-aside period” means the period from 15th January to 31st August in any given year; and

“watercourse” includes a canal and field ditch.

(2) 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.

(3) Other expressions used in these Regulations and in the Council Regulation, Commission Regulation 795/2004 or Commission Regulation 1973/2004 have the same meanings in these Regulations as in the Council Regulation, Commission Regulation 795/2004 or Commission Regulation 1973/2004 as the case may be.

(4) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(1)

O.J. No. L141, 30.4.2004, p. 1, as last amended by Commission Regulation (EC) No. 606/2005 (O.J. No. L100, 20.4.2005, p. 15)

(2)

O.J. No. L345, 20.11.2004, p. 1. Commission Regulation (EC) No. 1973/2004 was corrected by a corrigendum at O.J. No. L61, 8.3.2005, p. 51 and was last amended by Commission Regulation (EC) No. 681/2005 (O.J. No. L110, 30.4.2005, p. 21)

(3)

O.J. No. L270, 21.10.2003, p. 1, as last amended by Commission Regulation (EC) No. 570/2005 (O.J. No. L97, 15.4.2005, p. 13)

(4)

O.J. No. L160, 26.6.1999, p. 1, as last amended by the Council Regulation

(5)

S.R. 2005 No. 6

(6)

1954 c. 33 (N.I.)