The Sheep Annual Premium and Suckler Cow Premium Quotas (Amendment) Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations (“the Regulations”) amend the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 (S.I. 1993/1626) as already amended by the Sheep Annual Premium and Suckler Cow Premium Quotas (Amendment) Regulations 1993 (S.I. 1993/3036) (together referred to as “the 1993 Regulations”).

2.  The 1993 Regulations, which apply throughout the United Kingdom, make provision for the implementation in part of Articles 5a and 5b of Council Regulation (EEC) No. 3013/89, Articles 4d to 4h of Council Regulation (EEC) No. 80 5/68, Commission Regulation (EEC) No. 3567/92 and Articles 22 to 45 of Commission Regulation (EEC) No. 3886/92 (all defined in regulation 2(1) of the 1993 Regulations). Articles 5a and 5b of Council Regulation (EEC) No. 3013/89 and Commission Regulation (EEC) No. 3567/92 establish a system of quotas for sheep annual premium; Articles 4d to 4h of Council Regulation (EEC) No. 805/68 and Articles 22 to 45 of Commission Regulation (EEC) No. 3886/92 establish a system of quotas for suckler cow premium.

3.  The Regulations (which likewise apply throughout the United Kingdom) make further provision for the implementation of the Community instruments referred to above.

4.  The Regulations make a number of amendments to the 1993 Regulations in consequence of further implementation by the United Kingdom of environmental protection measures under the common agricultural policy (“CAP”) and of other changes made to the CAP.

5.  The amendments to regulation 5(2) and (3) follow the amendment of Article 7(2) of Commission Regulation (EEC) No. 3567/92 by Article 1(2) of Commission Regulation (EC) No. 2527/94 (OJ No. L 269, 20.10.94, p. 11) in respect of sheep annual premium and Article 34(2) of Commission Regulation (EEC) No. 3886/92 by Article 1(2) of Commission Regulation (EC) No. 2526/94 (OJ No. L 269, 20.10.94, p. 9) in respect of suckler cow premium. These amendments to the Commission Regulations (which apply to sheep annual premium applications submitted for the 1995 and subsequent marketing years and to suckler cow premium applications submitted for 1995 and subsequent calendar years) change the time limits which may be imposed for the notification of a transfer or lease of quota to the Minister.

6.  The amendments to regulation 5(5) follow the amendment of Article 7(2) of Commission Regulation (EEC) No. 3567/92 by Article 1(2) of Commission Regulation (EEC) No. 2869/93 (OJ No. L 262, 21.10.93, p. 28) in respect of sheep annual premium and Article 34(2) of Commission Regulation (EEC) No. 3886/92 by Article 1(1) of Commission Regulation (EC) No. 489/94 (OJ No. L 62, 5.3.94, p. 8) in respect of suckler cow premium. These amendments to the Commission Regulations (which apply to sheep annual premium applications submitted for the 1993 and 1994 marketing years and to suckler cow premium applications submitted for 1993 and 1994) allow a second period of notification for transfers or leases of quota to be opened for those years.

7.  The amendment to regulation 10 follows the amendment of Article 7(4) of Commission Regulation (EEC) No. 3567/92 by Article 1(3) of Commission Regulation (EC) No. 1720/94 (OJ No. L 181, 15.7.94, p. 6) in respect of sheep annual premium and Article 34(3) of Commission Regulation (EEC) No. 3886/92 by Article 1(3) of Commission Regulation (EC) No. 1719/94 (OJ No. L 181, 15.7.94, p. 4) in respect of suckler cow premium. These amendments (which came into force on 22nd July 1994) remove, for producers undertaking from that date or later to follow a recognised extensification programme, the derogation which had previously permitted producers to lease quota for the duration of the programme.

8.  The amendment to regulation 14(2) follows the abolition of headage limits from 1995 for sheep annual premium quota by Article 1 of Council Regulation (EC) No. 233/94 (OJ No. L 30, 3.2.94, p. 9) as implemented by Commission Regulation (EC) No. 826/94 (OJ No. L 95, 14.4.94, p. 8).

9.  The changes to the actions by which a producer may fall within Schedule 2, Part II, Category III, Group (a), of persons eligible to be allocated quota from the national reserve follow the introduction of a new Nitrate Sensitive Areas Scheme under the Nitrate Sensitive Area Regulations 1994 (S.I. 1994/1729) and the introduction of the Habitat Scheme for certain water fringes by the Habitat (Water Fringe) Regulations 1994 (S.I. 1994/1291).

10.  The amendment to Schedule 2, Part II, Category V follows the implementation of Council Regulation (EEC) No. 2078/92 in relation to Organic Aid Schemes by the Organic Farming (Aid) Regulations 1994 (S.I. 1994/1721, wrongly numbered 1994/1712 on the instrument).

11.  The Regulations also make minor and consequential amendments to the 1993 Regulations.