Amendment of the principal Regulations

3.—(1) In so far as they relate to a producer to a relevant extent, the principal Regulations shall be amended in accordance with the provisions of paragraphs (3) to (8) of this regulation.

(2) In paragraph (1) above, “to a relevant extent” means to the extent that the Minister is the relevant competent authority for the purposes of the IACS Regulations in relation to the holding of the producer in question.

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

(a)in the definition of “the Commission Regulation”, the words “as last amended by Commission Regulation (EC) No. 2721/2000(1)” shall be substituted for the words “as last amended by Commission Regulation (EC) No. 1648/95”;

(b)the following definition shall be substituted for the definition of “ the Council Regulation”—

“the Council Regulation” means Council Regulation (EC) No. 2467/98 on the common organisation of the market in sheepmeat and goatmeat(2), as amended by Council Regulation (EC) No. 1669/2000(3);;

(c)the following definition shall be inserted after the definition of “ the Council Regulation”—

“holding” means all the production units managed by a producer situated within the United Kingdom;; and

(d)in the definition of “marketing year”, the words “Article 3” shall be substituted for the words “Article 3(3)”.

(4) In paragraph (3) of regulation 3 (application for premium), the words “ the Commission Regulation” shall be substituted for the words “Commission Regulation 3887/92”.

(5) In paragraph (4) of regulation 3—

(a)sub-paragraph (a) shall be deleted;

(b)in sub-paragraph (b), the words “as last amended by Commission Regulation (EC) No. 1410/1999(4)” shall be substituted for the words “ as last amended by Commission Regulation (EC) No. 1526/96”;

(c)in sub-paragraph (c), the words “as last amended by Council Regulation (EC) No. 193/98(5)” shall be substituted for the words “ as last amended by Commission Regulation (EC) No. 40/96”; and

(d)in sub-paragraph (d), the words “as last amended by Council Regulation (EC) No. 1593/2000(6)” shall be substituted for the words “ as last amended by Council Regulation (EC) No. 2466/96”.

(6) In regulation 5 (powers of authorised officers), the following paragraph shall be substituted for the existing paragraph (5)(a)—

(a)require any producer or any employee, servant or agent of a producer to produce any record that producer is required to keep pursuant to regulation 8 and to supply such additional information in that person’s possession or under his control relating to an application for premium as the authorised officer may reasonably request;.

(7) After regulation 7, the following regulation shall be inserted—

Record keeping

8.(1) Where at any time during a marketing year a producer fails to comply with the record keeping requirements of paragraphs (2) to (4) of this regulation, the Minister of Agriculture, Fisheries and Food may withhold or recover on demand the whole or any part of any premium payable or paid to the producer in respect of that marketing year.

(2) On or before 31st January each year, the producer shall record the total number of female sheep on the holding on 1st January of that year which either were over 12 months old or had given birth, and the date the entry was made.

(3) Without prejudice to the requirements of paragraph (2), within 14 days of any of the following events—

(a)the intentional movement on or off the holding of female sheep which either were over 12 months old or had given birth;

(b)a female sheep which has not given birth reaching the age of 12 months;

(c)a sheep under 12 months old giving birth;

(d)the discovery that a female sheep which either was over 12 months old or had given birth has been lost from the holding, either because it has died or because it is missing from the holding,

(4) All records under this regulation shall be retained by the producer for a period of four years..

(8) Regulation 8A shall be deleted.

(1)

OJ No. L314, 14.12.2000, p.8.

(2)

OJ No. L312, 20.11.98, p.1.

(3)

OJ No. L193, 29.7.2000, p.8.

(4)

OJ No. L164, 30.6.1999, p.53.

(5)

OJ No. L20, 27.1.98, p.18.

(6)

OJ No. L182, 21.7.2000, p.4.