The Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2011

PART 4 The Scottish Beef Scheme

Interpretation of Part 4

7.  In this Part of, and Schedule 2 to, these Regulations—

“animal” means, in respect of a particular Scheme year, a bovine animal in respect of which an application for a Scheme payment has been or will be made;

“applicant” means a farmer producing beef or veal at the time of lodging an application for a Scheme payment under regulation 8 whose IACS holding is wholly or partly in Scotland;

“the Cattle Identification Regulations” means the Cattle Identification (Scotland) Regulations 2007(1);

“cattle passport” has the same meaning as in the Cattle Identification Regulations;

“eartag identification code” means the unique identification code for the purposes of Article 4(1) of Regulation 1760/2000 and regulation 5 of, and Schedule 1 (ear tags) to, the Cattle Identification Regulations;

“eligible animal” has the meaning given in regulation 9;

“keeper’s holding” means a holding as defined in Article 2 of Regulation 1760/2000;

“IACS holding” means a holding as defined in Article 2(b) of Council Regulation 73/2009;

“identification document” has the same meaning as in the Cattle Identification Regulations;

“keeper” means any person responsible for an animal in respect of which an application for a Scheme payment is made or will be made, whether on a permanent or a temporary basis, including during transportation or at a market;

“the Scheme” means the Scottish Beef Scheme established by this Part of, and Schedule 2 to, these Regulations;

“Scheme payment” means an annual additional payment under Article 68(1)(b) and (4)(b) of Council Regulation 73/2009; and

“Scheme year” means the calendar year in which a particular application under regulation 8 for a Scheme payment is made.

Application for a Scheme payment

8.—(1) An applicant is entitled, during a calendar year, to submit an application to the Scottish Ministers for a Scheme payment in respect of any eligible animal.

(2) A Scheme payment for a particular Scheme year is to be made in respect of an application for Scheme payment made during that Scheme year.

(3) An application must include the following information for any animal in respect of which the application is made—

(a) the eartag identification code;

(b) details concerning the identification document which has been issued in respect of that animal; and

(c) such other information as the Scottish Ministers may reasonably require.

(4) An application for a Scheme payment must be in writing in such a form and containing such particulars as may be specified by the Scottish Ministers.

(5) An application for a Scheme payment may be withdrawn in writing in respect of any animal included in that application unless the applicant or keeper has been notified by the Scottish Ministers of—

(a) an inspection under—

(i) the Common Agricultural Policy Single Payment and Support Schemes (Cross-Compliance) (Scotland) Regulations 2011(2);

(ii) the Cattle Identification Regulations; or

(iii) these Regulations; or

(b) any errors in the application.

(6) For the purposes of Article 11(1) of Commission Regulation 1122/2009, an applicant must have submitted a single application in accordance with the IACS Regulations in the same year of application for a Scheme payment.

Eligible animal

9.  For the purpose of this Part and Schedule 2, an eligible animal means an animal—

(a) which genetically is at least 75% of a breed of cattle other than a breed listed in Schedule 1;

(b) which was born on the applicant’s IACS holding on or after 2nd December 2009 and was kept on that holding from birth for a continuous period of at least 30 days;

(c) in respect of which the requirements of regulation 7 of, and Schedule 3 (cattle passports etc) to, the Cattle Identification Regulations have been met;

(d) in respect of which information has been accurately recorded in the register of cattle kept on the keeper’s holding in accordance with regulation 8 of, and Schedule 4 (records) to, the Cattle Identification Regulations;

(e) in respect of which the keeper has notified the Scottish Ministers about the animal’s movements in accordance with regulation 6 of, and paragraph 2 of Schedule 2 (notification) to, the Cattle Identification Regulations; and

(f) in respect of which no payment has previously been made following an application made under regulation 20 (the Scottish Beef Calf Scheme) of the Common Agricultural Policy Single Farm Payment and Support Schemes (Scotland) Regulations 2005(3).

Scheme Payments

10.—(1) Subject to regulation 11, the Scheme payment to be made in respect of each eligible animal must be determined by the Scottish Ministers and funded from any retention in accordance with Article 69 of Council Regulation 73/2009.

(2) A higher payment may be determined by the Scottish Ministers in respect of the first 10 eligible animals claimed by each applicant than the remainder of the eligible animals claimed.

Scheme penalties

11.—(1) Subject to regulation 12, where in respect of an application for a Scheme payment, a difference is found between the number of animals claimed as eligible by the applicant and the number of eligible animals, the total amount of the Scheme payment to which the applicant is entitled in respect of the Scheme year concerned must be reduced in accordance with this regulation.

(2) Where 3 or fewer animals are not eligible, the total amount of the Scheme payment is reduced by the percentage (in this regulation “the relevant percentage”) calculated in accordance with the following formula—

Where—

• RP % is the relevant percentage reduction;

• I is the number of ineligible animals; and

• E is the number of eligible animals.

(3) Where more than 3 animals are not eligible, the total amount of the Scheme payment is reduced by—

(a) the relevant percentage, if the relevant percentage is not more than 10%;

(b) twice the relevant percentage, if the relevant percentage is more than 10% but not more than 20%; or

(c) 100%, if the relevant percentage is more than 20%.

(4) Where the relevant percentage is more than 50%, an amount equal to the amount by which a Scheme payment is reduced in application of paragraph (3)(c) must also be applied to reduce any other Scheme payment to which the applicant would otherwise be entitled; provided that amount is offset against any such payment made within the following three Scheme years.

(5) Where an applicant knowingly makes a statement or supplies to the Scottish Ministers any information in respect of an application which is false or misleading—

(a) a Scheme payment to which the applicant would otherwise be entitled must be reduced by 100%; and

(b) an amount equal to the amount by which a Scheme payment is reduced in application of sub-paragraph (a) must also be applied to reduce any other Scheme payment to which the applicant would otherwise be entitled; provided that amount is offset against any such payment made within the following three Scheme years.

Exceptions from scheme penalties

12.—(1) Subject to paragraph (2), the penalties in regulation 11 do not apply—

(a) where the applicant submitted factually accurate information or can otherwise show that he or she is not at fault;

(b) to those parts of an application for a Scheme payment in relation to which—

(i) the applicant has informed the Scottish Ministers in writing that the application is incorrect or has become incorrect since it was submitted; or

(ii) the keeper has notified the Scottish Ministers about an animal’s movements in accordance with regulation 6 of, and paragraph 2 of Schedule 2 (notification) to, the Cattle Identification Regulations; or

(iii) the applicant or the keeper has supplied information in writing to the Scottish Ministers about the animals or the IACS holding or keeper’s holding which are the subject of that application which would have the effect described in head (i).

(2) Paragraph (1)(b) does not apply if the Scottish Ministers have already informed the applicant that—

(a) they intend to inspect the applicant’s animals or IACS holding or keeper’s holding; or

(b) an animal or the application is not eligible.

(3) Where an applicant has informed the Scottish Ministers or supplied them with information under paragraph (1)(b), the application is deemed to be adjusted so as to incorporate that information.

Administration and enforcement of the Scottish Beef Scheme

13.  Schedule 2 (the Scottish Beef Scheme administration and enforcement) has effect.

(1)

S.S.I. 2007/174, amended by S.S.I. 2007/312, S.I. 2011/1043 and S.S.I. 2011/    .

(2)

S.S.I. 2011/      .

(3)

S.S.I. 2005/143, amended by S.S.I. 2005/257, S.S.I. 2007/414, S.S.I. 2008/184 and S.S.I. 2009/391 and revoked by these Regulations.