Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision in Scotland for the administration of Council Regulation (EC) No 73/2009 (OJ No L 30, 31.1.2009, p.16) (“the Council Regulation”) and other EU instruments in relation to direct support schemes (including the Single Farm Payment Scheme) under the Common Agricultural Policy.
The Regulations also establish the Scottish Beef Scheme (“the Scottish Beef Scheme”) which is an additional payment under Article 68 of the Council Regulation and which is funded from a retention of Single Farm Payment Scheme entitlements in Scotland's beef sector.
In relation to the Single Farm Payment Scheme, these Regulations—
define Scotland as a region for the purposes of Article 46(2) of the Council Regulation (regulation 3);
prescribe the minimum size of a holding in respect of which a direct payment may be made (regulation 4);
provide that the transferor of a payment entitlement must communicate the transfer no later than 6 weeks before the transfer is to take place and no later than 6 weeks before the last day for submission of the single application (regulation 5).
Regulation 6 requires the Scottish Ministers to deduct a specified proportion, as calculated in accordance with that regulation, from the total amount of direct payments which would otherwise have been granted to the farmer. This implements Articles 1 and 3 (1) of Council Regulation (EC) No 378/2007 (OJ L 95, 5.4.2007, p.1). The regulation also provides that Ministers must apply the sums deducted as additional support for rural development measures under Council Regulation (EC) No 1698/2005 (OJ No L 277, 21.10.2005, p.1).
Part 4 (regulations 7-13) and Schedule 2 establish the Scottish Beef Scheme. They provide for the conditions for payment under the Scheme, and for the administration of that Scheme, including submission of applications for Scheme payments (regulation 8). They set out the conditions of eligibility for an animal in respect of which an application for a Scheme payment may be made (regulation 9 and Schedule 1) and the basis on which the Scottish Ministers may determine payments (regulation 10).
The Common Agricultural Policy Single Payment and Support Schemes (Integrated Administration and Control System) Regulations 2009 (S.I. 2009/32630) do not apply to the Scottish Beef Scheme. Accordingly, in relation to the Scottish Beef Scheme, the Regulations provide for scheme penalties (regulation 11), exceptions from those penalties (regulation 12) and administration and enforcement provisions (Schedule 2).
Regulation 14(1) revokes the regulations specified in Schedule 3, subject to the savings in regulation 14(2).