PART 3AMENDMENTS TO THE COMMON AGRICULTURAL POLICY SCHEMES (CROSS COMPLIANCE) (SCOTLAND) REGULATIONS 2004

Amendment to the Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 200415

The Common Agricultural Policy Schemes (Cross-Compliance) (Scotland) Regulations 200422 are amended in accordance with regulations 16 to 18.

Amendment to regulation 216

In regulation 2(1) (interpretation)—

a

in the definition “the Commission Regulation”, for “and 319/200823;” and substitute “ Commission Regulation (EC) Nos. 319/2008, 1124/200824, 1266/200825, and 380/200926;”

b

in the definition “the Council Regulation,” for “and 146/200827” substitute “Council Regulation (EC) Nos. 146/200828, 470/200829, 479/200830, 615/200831, 637/200832, 1009/200833 and Commission Regulations (EC) Nos. 293/200834 and 674/200835”;

c

insert the following definitions in the appropriate place—

  • “Council Regulation 73/2009” means Commission Regulation (EC) No. 73/2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, and amending Council Regulations (EC) Nos. 1290/200536, 247/200637, 378/200738 and repealing Council Regulation (EC) No. 1782/2003;

  • “Abstraction” has the meaning given to it in section 20(6) of the Water Environment and Water Services (Scotland) Act 200339 as amended by the Water Environment (Controlled Activities) (Scotland) Regulations 200540;

Amendment to the Schedule17

In the Schedule (good agricultural and environment condition), in Part IV (minimum level of maintenance and prevention of deterioration of habitats, minimum livestock stocking rates and/or appropriate regimes) in paragraph 18(2) after “apply” insert—

to land managed under an agri-environmental scheme funded under the Scotland Rural Development Programme 2007 to 2013

Insertion of new paragraph 1918

After paragraph 18 insert—

PART V

Protection and Management of Water: Protect water against pollution and run-off, and manage the use of water19

For the purposes of Article 6 and Annex III of Council Regulation 73/2009, with effect from 1st January 2010, a farmer abstracting water for irrigation must comply with the authorisation procedures set out in Part II of the Water Environment (Controlled Activities) (Scotland) Regulations 2005.