The Suckler Cow Premium (Amendment) (No. 2) Regulations 1995

Statutory Instruments

1995 No. 1446

AGRICULTURE

The Suckler Cow Premium (Amendment) (No. 2) Regulations 1995

Made

5th June 1995

Laid before Parliament

9th June 1995

Coming into force

1st July 1995

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred on them by that section and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title, extent and commencement

1.  These Regulations may be cited as the Suckler Cow Premium (Amendment) (No. 2) Regulations 1995, shall extend to Great Britain and shall come into force on 1st July 1995.

Amendments to the Suckler Cow Premium Regulations 1993

2.—(1) The Suckler Cow Premium Regulations 1993(3) shall be amended in accordance with the following paragraphs of this regulation.

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) for the definition of “overgrazing” there shall be substituted the following definition—

““overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;”;

(b) after the definition of “relevant date” there shall be inserted the following definitions—

““retention period” means the retention period for suckler cows referred to in Article 4d(5) or as the case may be (6) of Council Regulation 805/68 and starting as indicated in Article 23 of Commission Regulation 3886/92;

“Scheme year” means any calendar year in respect of which premium may be paid and includes any part of a retention period in relation to an application for premium in respect of a given calendar year which falls within the following calendar year;”;

(c) after the definition of “specified record” there shall be inserted the following definition—

““unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles.”.

(3) In paragraph (1) of regulation 3 (applications) for “9th December” there shall be substituted “8th December”.

(4) In paragraph (2) of regulation 3 there shall be inserted at the end the following—

• “provided that where in respect of any given calendar year a number of applications for premium are submitted by persons who have in respect of that year made more than one area aid application under Article 6 of Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes(4) as amended by Council Regulation (EC) No. 165/94(5), Council Regulation (EC) No. 3233/94(6) and Council Regulation (EC) No. 3235/94(7) but who are regarded as a single farmer within the meaning of Article 1(4) of that first-mentioned Council Regulation the applications concerned shall be deemed to be a single application made by one producer for the purposes of this paragraph”.

(5) For regulation 3A (overgrazing) there shall be substituted the following regulation—

“Overgrazing

3A.— (1) Subject to paragraph (2) below, where in the year preceding the opening date for submitting claims for premium in respect of any given Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of suckler cows which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification.

(2) The appropriate Minister may in the year preceding the opening date for submitting claims for premium in respect of any given Scheme year issue a notification under paragraph (1) above even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.

(3) Where the appropriate Minister has made a notification under paragraph (1) above no premium shall be paid in respect of the Scheme year for which it was issued on any number of suckler cows grazed and maintained in that Scheme year on the parcel of land to which it relates in excess of the maximum number of such animals specified in it.

(4) Where the appropriate Minister has made a notification under paragraph (1) above and is satisfied that—

(a) any condition specified in that notification has been breached; or

(b) more suckler cows than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the Scheme year for which it was issued,

he may withhold or recover on demand the whole or any part of the premium otherwise payable or as the case may be already paid to the recipient of the notification for the Scheme year to which it relates.”.

(6) After regulation 3A there shall be inserted the following regulation—

“Unsuitable supplementary feeding methods

3B.— (1) Where in any Scheme year the applicant uses unsuitable supplementary feeding methods the appropriate Minister may, subject to paragraph (3) below, reduce or withhold the amount of premium otherwise payable to him in respect of that Scheme year in accordance with paragraph (2) below.

(2) Where the applicant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the amount of premium otherwise payable to him may be reduced by 10%; where the applicant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the amount of premium otherwise payable to him may be reduced by 20%; and where the applicant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the amount of premium otherwise payable to him may be withheld.

(3) Nothing in this regulation shall permit the appropriate Minister to penalise an applicant for using unsuitable supplementary feeding methods in a given Scheme year where he has already penalised that applicant in accordance with this regulation for that use by virtue of the the fact that it occurred during any part of the previous Scheme year which fell within that given Scheme year.”.

(7) In paragraph (3) of regulation 5 (powers of authorised persons) for sub-paragraph (d) there shall be substituted the following sub-paragraph—

“(d) inspect that land for the purpose of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.”.

Michael Jack

Minister of State, Ministry of Agriculture, Fisheries and Food

25th May 1995

Hector Monro

Parliamentary Under Secretary of State,

Scottish Office

5th June 1995

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Suckler Cow Premium Regulations 1993 (S.I. 1993/1441, as already amended by S.I. 1994/1528 and 1995/15).

2.  The amendments made by these Regulations to S.I. 1993/1441 are as follows:

(a) there is substituted a revised definition of “overgrazing” for the existing one;

(b) there are inserted definitions of “retention period”, “Scheme year” and “unsuitable supplementary feeding methods”;

(c) there is substituted a revised closing date for premium applications (8th December) for the existing one (9th December);

(d) provision is now made for certain multiple applications to be treated as a single application made by one producer;

(e) there is substituted a revised regulation on overgrazing (regulation 3A) for the existing one (also numbered 3A);

(f) there is inserted a new regulation, 3B, permitting penalties to be applied where the producer uses unsuitable supplementary feeding methods;

(g) authorised persons are given the power to inspect land for the purpose of determining whether or not unsuitable supplementary feeding methods have been used on it.

3.  No compliance cost assessment has been prepared.

(1)

S.I. 1972/1811.

(2)

1972 c. 68.

(3)

S.I. 1993/1441, amended by S.I. 1994/1528 and 1995/15.

(4)

OJ No. L355, 5.12.92, p.1.

(5)

OJ No. L24, 29.1.94, p.6.

(6)

OJ No. L338, 28.12.94, p.13.

(7)

OJ No. L338, 28.12.94, p.16.