The Organic Farming (England Rural Development Programme) Regulations 2003 (revoked)

Title, application and commencement U.K.

1.  These Regulations may be cited as the Organic Farming (England Rural Development Programme) Regulations 2003, shall apply in England and shall come into force on 30th May 2003.

Interpretation U.K.

2.—(1) In these Regulations—

“application”, unless the context otherwise requires, means an application for a conversion or maintenance grant and “applicant” shall be construed accordingly;

“beneficiary” means—

(a)

a person whose application for a conversion or maintenance grant in respect of any land has been approved by the Secretary of State, or

(b)

any other person who has an interest in that land and who has agreed with the Secretary of State to comply with the undertakings given in support of that application;

“certificate of registration” means a certificate issued by a private inspection body which specifies land which is comprised in an organic-production unit, holding or stockfarm or which is being converted to such a unit, holding or stockfarm;

“conversion grant” means a grant for converting land to an organic-production unit, holding or stockfarm;

“Council Regulation” means Council Regulation (EEC) No. 2092/91(1) of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as last amended by Commission Regulation (EC) No. 599/2003(2);

“date of registration” means the date on which an applicant for a conversion grant first registered with a private inspection body;

“first certificate of registration” means a certificate of registration issued for the period commencing with the date of registration in respect of land which is the subject of an application for a conversion grant;

“interest”, in relation to land, means a freehold or leasehold interest in it, or a contractual licence to occupy it;

“maintenance grant” means a grant for maintaining land as an organic-production unit, holding or stockfarm;

“organic farming methods” means the methods of farming which comply with the requirements of the Council Regulation;

“specified period” means the period of five years commencing—

(a)

in relation to an application for a conversion grant, with the date of registration; and

(b)

in relation to an application for a maintenance grant, with the date an application is made;

“top fruit” means apples (excluding cider apple varieties), cherries, pears and plums.

(2) Other expressions used in these Regulations have the same meaning as in the Council Regulation.

Applications for grant U.K.

3.  An application for a grant shall be made at such time and in such form and shall contain or be accompanied by such information as the Secretary of State may require.

Approval of application U.K.

4.  The Secretary of State may approve an application in respect of which the following conditions are satisfied in respect of all the land which is the subject of an application—

(a) the common conditions of eligibility specified in regulation 5; and

(b) the additional conditions of eligibility specified in regulation 6 in relation to, as the case may be, a conversion grant or a maintenance grant.

Common conditions of eligibility U.K.

5.  The common conditions of eligibility are—

(a) the application is made in respect of not less than one hectare of land;

(b) in relation to an application for grant for top fruit orchards, the land is planted with at least 80 top fruit trees per hectare;

(c) at the date of his application, the applicant has an interest in the land; and

(d) the applicant gives the undertakings specified in regulation 7 in support of his application.

Additional conditions of eligibility U.K.

6.—(1) The additional conditions of eligibility for a conversion grant are—

(a) the land has not been fully organic at any time during the period beginning on 10th August 1993 and ending with the date of registration; and

(b) the first certificate of registration is received by the Secretary of State within 12 months of the date of registration, or such longer period as the Secretary of State may determine if the Secretary of State is satisfied that any delay was caused by circumstances outside the control of the applicant.

(2) The additional conditions of eligibility for a maintenance grant are—

(a) at the date the application is made, the land has been fully converted to an organic-production unit, holding or stockfarm, as the case may be; and

(b) the applicant is not a beneficiary of a conversion grant in relation to the land.

Undertakings U.K.

7.  The undertakings referred to in regulation 5(d) are—

(a) to farm the land during the specified period by organic farming methods and in accordance with the obligations set out in Schedule 1;

(b) to comply during the specified period with any relevant requirements of Council Regulation (EC) 1257/99(3) or Commission Regulation (EC) 445/2002(4); and

(c) except in the case of the first certificate of registration, to send to the Secretary of State a certificate of registration for each year in respect of which grant is claimed so that it is received by the Secretary of State within 12 months of the date on which it was issued.

Amount of grant U.K.

8.—(1) The grant payable shall be determined as follows—

(a) in relation to a conversion grant, the total of—

(i) an amount calculated for each year of the specified period at the rates set out in Part 1 of Schedule 2; and

(ii) where paragraph (2) applies, an amount for each of the first three years of the specified period as set out in Part 2 of Schedule 2 (“the training sum”); and

(b) in relation to a maintenance grant, an amount calculated for each year of the specified period at the rates set out in Part 3 of Schedule 2.

(2) This paragraph applies where an applicant—

(a) is not receiving, and has not received, any other grant under these Regulations or aid under the Organic Farming (Aid) Regulations 1994(5), the Organic Farming Regulations 1999(6) or the Organic Farming (England Rural Development Programme) Regulations 2001(7); and

(b) undertakes to incur expenditure, during the specified period, of an amount equal to, or greater than, the training sum in obtaining advice or training in relation to organic farming methods.

Claims for grant U.K.

9.  Claims for payment of a grant shall be made at such time and in such manner as the Secretary of State may require.

Conditions of grant U.K.

10.  A beneficiary’s entitlement to receive payment of a grant in relation to any application which has been approved shall be subject to the following conditions—

(a) that he complies with the undertakings given in support of that application; and

(b) that he has an interest in the land which was the subject of that application.

Amendment of the England Rural Development Programme (Enforcement) Regulations2000/3044 U.K.

11.  The England Rural Development Programme (Enforcement) Regulations(8) shall be amended by inserting in Part II of the Schedule, “The Organic Farming (England Rural Development Programme) Regulations 2003”.

Revocation U.K.

12.—(1) Subject to paragraph (2), the Organic Farming (England Rural Development Programme) Regulations 2001(9) (“the 2001 Regulations”) are hereby revoked.

(2) With the exception of regulation 7(4), the 2001 Regulations shall continue to apply in relation to any applications for aid under the 2001 Regulations which were received before the date on which these Regulations come into force.

Michael Meacher

Minister of State

Department for Environment, Food and Rural Affairs

6th May 2003