The Extensification Payment Regulations 2001 No. 864

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

• “the appropriate authority” means—

  (a)

  where the Minister is the relevant competent authority in relation to the holding in question, the Minister; and

  (b)

  where the National Assembly is the relevant competent authority in relation to the holding in question, the National Assembly;

• “authorised person” means a person who is authorised by an authorising body, either generally or specially, to act, subject to regulation 14, in matters arising under these Regulations, whether or not he is an officer of that authorising body;

• “authorising body”, in relation to an authorised person, means the appropriate authority;

• “beef special premium” means the special premium for male bovine animals provided for in Article 4 of Council Regulation 1254/1999;

• “bovine animal” means an animal of the domestic bovine species;

• “cattle passport” means, in relation to a bovine animal—

  (a)

  to which the Cattle Passports Order 1996(1) applied, a cattle passport as defined in article 2(2) of that Order;

  (b)

  to which Article 6(1) of Council Regulation 820/97 applied, a valid cattle passport issued pursuant to that Article; and

  (c)

  to which Article 6(1) of Regulation 1760/2000 applies, a valid cattle passport issued pursuant to that Article;

• “census date” means a date determined by the appropriate authority pursuant to the first sub-paragraph of Article 32(3) of Commission Regulation 2342/1999, as the date on which bovine animals on claimants' holdings are to be counted in accordance with the third sub-paragraph of the said Article 32(3);

• “census declaration” means a declaration of the number of bovine animals of six months of age or more on a claimant’s holding on a census date, made by that claimant pursuant to the first indent of the third sub-paragraph of Article 32(3) of Commission Regulation 2342/1999;

• “claim” means an indication, given in accordance with Article 32(1) of Commission Regulation 2342/1999, that a producer wishes to participate in the extensification payment scheme and “claimed”, in relation to an extensification payment, shall be interpreted accordingly;

• “claimant” means a producer who submits a claim;

• “claimant’s document” means any of the following documents or records, whether in writing or kept by means of a computer—

  (a)

  any cattle passport or other approved identification;

  (b)

  any national administrative document, as defined in regulation 2(1) of the Beef Special Premium Regulations 1996(2);

  (c)

  any register kept in compliance with Article 7(1) and (4) of Regulation 1760/2000;

  (d)

  any record made under article 5 of the Bovine Animals (Records, Identification and Movement) Order 1995(3);

  (e)

  any record made under article 9 of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990(4); and

  (f)

  any book, register (other than a register referred to in sub-paragraph (c) of this definition), bill, invoice, account, receipt, certificate, voucher, correspondence or other document or record relating to a bovine animal;

• “Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes(5);

• “Commission Regulation 2342/1999” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes(6) (as amended by Commission Regulation (EC) No. 1042/2000(7), Commission Regulation (EC) No. 1900/2000(8), Commission Regulation (EC) No. 2733/2000(9) and Commission Regulation (EC) No. 192/2001(10));

• “the Community rules” means the rules concerning the extensification payment laid down in Articles 12, 13, 21 and 23 of Council Regulation 1254/1999 and Chapter IV of Commission Regulation 2342/1999;

• “Council Regulation 820/97” means Council Regulation (EC) No. 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(11);

• “Council Regulation 1254/1999” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal(12);

• “extensification payment” means the extensification payment granted, for each beef special premium and suckler cow premium granted, to producers who comply with certain stocking density requirements, which is provided for in Article 13 of Council Regulation 1254/1999;

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

• “the IACS Regulations” means the Integrated Administration and Control System Regulations 1993(13);

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “the National Assembly” means the National Assembly for Wales;

• “officer” means a director, manager, secretary or other similar officer of a claimant which is a body corporate, or any person who purports to act in any such capacity;

• “other approved identification” means approved identification required by article 4(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990;

• “producer” has the same meaning as in Chapter 1 of Title I of Council Regulation 1254/1999;

• “Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and requiring the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97(14);

• “relevant competent authority” has the same meaning as in the IACS Regulations;

• “the simplified scheme” means the system of checking compliance with the stocking density requirements laid down in Article 13(2) of Council Regulation 1254/1999 on the basis of a claimant’s declaration and undertaking, which is provided for in Article 32(4) of Commission Regulation 2342/1999;

• “specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92;

• “the standard scheme” means the system of checking compliance with the stocking density requirements laid down in Article 13(2) of Council Regulation 1254/1999 by counting bovine animals on census dates, which is provided for in Article 32(3) of Commission Regulation 2342/1999; and

• “suckler cow premium” means the premium for maintaining suckler cows provided for in Articles 6 to 10 of Council Regulation 1254/1999.

(2) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

(3) Any reference in these Regulations to a numbered regulation (with no accompanying reference to a specific instrument) is a reference to the regulation so numbered in these Regulations.

(1)

S.I. 1996/1686, revoked by S.I. 1998/871.

(2)

S.I. 1996/3241, amended by S.I. 1999/1179.

(3)

S.I. 1995/12, partially revoked by S.I. 1998/871.

(4)

S.I. 1990/1867, revoked by S.I. 1995/12.

(5)

OJ No. L391, 31.12.92, p. 36, as last amended by Commission Regulation (EC) No. 2721/2000 (OJ No. L314, 14.12.2000, p. 8).

(6)

OJ No. L281, 4.11.1999, p. 30.

(7)

OJ No. L118, 19.5.2000, p. 4.

(8)

OJ No. L228, 8.9. 2000, p. 25.

(9)

OJ No. L316, 15.12.2000, p. 44.

(10)

OJ No. L29, 31.1.2001, p. 27.

(11)

OJ No. L117, 7.5.1997, p. 1, repealed by Regulation (EC) No. 1760/2000 of the European Parliament and of the Council (OJ No. L204, 11.8.2000, p. 1).

(12)

OJ No. L160, 26.6.1999, p. 21.

(13)

S.I. 1993/1317, amended by S.I. 1994/1134, 1997/1148, 1999/1820 and 2000/2573.

(14)

OJ No. L204, 11.8.2000, p. 1.