The Common Agricultural Policy Single Payment and Support Schemes (Cross-compliance) (England) Regulations 2005

Interpretation

2.—(1) In these Regulations—

“agri-environment commitment” means a commitment under—

(a)

a scheme established under Council Regulation (EC) No 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside(1), as last amended by Commission Regulation (EC) No 2772/95(2);

(b)

a scheme established under Article 14, 22 to 24 or 31 of Council Regulation (EC) No 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)(3), as last amended by Council Regulation (EC) No 583/2004(4);

(c)

the Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003(5);

(d)

a management agreement entered into with English Nature, pursuant to section 15 of the Countryside Act 1968(6);

(e)

a management agreement entered into with English Nature, pursuant to section 16 of the National Parks and Access to the Countryside Act 1949(7); or

(f)

an approved project in respect of which financial assistance is paid under the Energy Crops Regulations 2000(8);

“authorised person” means any person authorised by the Secretary of State to act in matters relating to these Regulations, the Council Regulation or the Commission Regulation;

“the Commission Regulation” means Commission Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in the Council Regulation(9), as last amended by Commission Regulation (EC) No 1954/2005(10);

“the Council Regulation” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers(11), as last amended by Commission Regulation (EC) No 118/2005(12);

“farmer” has the meaning given by Article 2(a) of the Council Regulation;

“holding” has the meaning given by Article 2(b) of the Council Regulation; and

“permanent pasture” has the meaning given by Article 2(2) of the Commission Regulation.

(2) Other expressions used in these Regulations, which are also used in either the Council Regulation or the Commission Regulation, shall be construed in accordance with the Council Regulation or the Commission Regulation.

(1)

O.J. L 215, 30.07.1992, p. 85. This Council Regulation has been repealed, but agri-environment commitments entered into under it remain extant.

(2)

O.J. L 288, 01.12.1995, p. 35.

(3)

O.J. L 160, 26.06.1999, p. 80. This Council Regulation has been repealed, with effect from 1st January 2007, by Council Regulation (EC) No 1698/2005 on support for rural development by the European Agricultural Fund for Rural Development (O.J. No. L 277, 21.10.2005, p.1), except for certain provisions which continue in force beyond that date.

(4)

O.J. L 91, 30.03.2004, p. 1.

(5)

S.I. 2003/838.

(6)

1968 c. 41. Under this Act, the Natural Environment Research Council was given the powers, for conservation purposes, to enter into an agreement, with owners, lessees or occupiers of land within areas of special scientific interest, which imposes restrictions on the exercise of rights over that land by persons who can be bound by such an agreement. These powers were transferred to the Nature Conservancy Council under the Nature Conservancy Council Act 1973 (c. 54). The Environmental Protection Act 1990 (c. 43) provided for the winding up of that body and set up the Nature Conservancy Council for England to which the Nature Conservancy Council’s functions were transferred. That body was renamed English Nature by section 73 of the Countryside and Rights of Way Act 2000 (c. 37) (“the 2000 Act”).

(7)

1949 c. 97. Under this Act, the Natural Environment Research Council was given the power to enter into an agreement with owners, lessees and occupiers of land, where their land appeared to it to be land which it was in the national interest to manage as a nature reserve, in order to ensure that land is managed as such. These powers were also transferred to the Nature Conservancy Council, and then to the National Conservancy Council for England, which was renamed English Nature, by virtue of the provisions specified in the previous footnote.

(8)

S.I. 2000/3042, amended by S.I. 2001/3900.

(9)

O.J. No. L 141, 30.04.2004, p.18.

(10)

O.J. No. L 314, 29.11.2005, p.10.

(11)

O.J. No. L 270, 21.10.2003, p.1, as corrected by corrigenda at O.J. No. L 94, 31.03.2004, p.70 and at O.J. No. L 206, 9.6.2004, p. 20.

(12)

O.J. No. L 024, 27.01.2005, p.15.