The Nitrate Sensitive Areas (Amendment) (No. 2) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend only to England and come into force on 30th September 1998, modify and amend the Nitrate Sensitive Areas Regulations 1994 (S.I. 1994/1729) (“the principal Regulations”) which allow the Minister of Agriculture, Fisheries and Food (“the Minister”) to make payments of aid to farmers in nitrate sensitive areas who give undertakings to manage their land in accordance with a scheme as described therein.

The effect of these Regulations is to limit the application of the principal Regulations to applications made under them and already accepted by the Minister (and any participation in and entitlement under a scheme pursuant to any such application), and to applications (“new applications”) made prior to 30th September 1998 by applicants who are already participating in a scheme by virtue of an earlier, accepted, application but who wish to transfer such participation, and the right to receive payments, to another scheme (regulations 2 and 3).

The acceptance of new applications is limited to those meeting the requirements of Article 13 of Commission Regulation (EC) No. 746/96 (OJ No. L102, 25.4.96, p. 19) (“the Commission Regulation”) laying down detailed rules for the application of Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p. 85) on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside. Article 13 authorises replacement of an agri-environment programme, undertaking or agreement by another such undertaking or agreement, where the Minister is satisfied that the conditions set out in Article 13 are fulfilled (the primary conditions being that the transfer is of unquestionable benefit to the environment and that the existing undertaking is significantly reinforced) (regulation 4(1)). This complements the existing power of the Minister, under regulation 12 of the principal Regulations and again pursuant to Article 13 of the Commission Regulation, to accept an application from a farmer to transfer from his participation in one scheme to participation in a more environmentally beneficial scheme for the remainder of the original five-year period.

In addition, these Regulations introduce amendments to the principal Regulations clarifying, within the premium arable scheme, for how long certain areas of grassland are required to be kept as grassland (regulation 12), reducing the amount of the annual payment for the set-aside option (regulation 14) and making some minor drafting amendments.

No Regulatory Impact Assessment has been prepared in respect of these Regulations.