The Beef Special Premium Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which come into force on 15th August 2001, replace the provisions of the Beef Special Premium Regulations 1996 (S.I. 1996/3241) and the Beef Special Premium (Amendment) Regulations 1999 (S.I. 1999/1179).

The Regulations lay down implementing measures for the beef special premium scheme provided for in Article 4 of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal (OJ No. L160, 26.6.1999, p.21). They provide for the administration of the scheme in relation to—

(a) holdings situated wholly in England, and also holdings situated partly in England and partly elsewhere in the United Kingdom, where the Minister of Agriculture, Fisheries and Food (“the Minister”) is responsible for processing the farmer’s application for beef special premium; and

(b) holdings situated wholly in Wales, and also holdings situated partly in Wales and partly elsewhere in the United Kingdom, where the National Assembly for Wales (“the National Assembly”) is responsible for processing such an application,

(regulations 10 to 14). They also lay down enforcement provisions (regulations 15 to 22).

The rules relating to administration provide for the submission of applications for beef special premium (regulations 10 and 11), including the requirement that the application is accompanied by the cattle passports or national administrative documents for the animals included in the application, and for the animals to be accompanied by the latter (where these exist) when the animals are moved (regulations 5(1) and 6). This is in implementation of Article 4(3)(a) of Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 (OJ L281, 4.11.1999, p.30) which enables Member States to provide that a national administrative document shall take the form of a document accompanying each individual animal; a corresponding provision requiring that each animal be accompanied by a passport is contained in Article 6(2) of Regulation 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ L204, 11.8.2000, p.1). The Regulations also provide for the acquisition and use of such national administrative documents (regulations 5 to 9).

Further rules on administration require the retention of records by applicants (regulation 14), impose sanctions for overgrazing and the use of unsuitable supplementary feeding methods (which are included as a condition of the scheme by virtue of Article 3 of Council Regulation (EC) No. 1259/1999 establishing common rules for direct support schemes under the common agricultural policy (OJ No. L160, 26.6.1999, p.113)) (regulations 12 and 13), and provide for withholding or recovery of beef special premium where there is a breach of the rules of the scheme (regulations 17 and 18).

The enforcement provisions confer powers of entry, inspection and collection of evidence on authorised persons (regulations 15 and 16). These include the powers required under Article 6 of Commission Regulation (EC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes (OJ No. L391, 31.12.92, p.36, as last amended by Commission Regulation (EC) No. 882/2001 (OJ No. L123, 4.5.2001, p.20)). Regulations 19 to 22 deal with offences and penalties.

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