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The Agriculture (Cross compliance) (No. 2) Regulations 2009

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This is the original version (as it was originally made).

Permanent pasture

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4.—(1) If it is established that the ratio in Article 3(1) of Commission Regulation (EC) No 1122/2009 (laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector(1)) is decreasing, the Secretary of State must prohibit a claimant from converting land under permanent pasture, in accordance with Article 4(1) of that Regulation.

(2) If it is established that the obligation in Article 3(2) of that Regulation cannot otherwise be met, the Secretary of State must oblige a claimant to reconvert land to permanent pasture in accordance with Article 4(2) of that Regulation.

(3) But the Secretary of State must not—

(a)prohibit a claimant from converting land under permanent pasture where the claimant turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of that Regulation, or

(b)require a claimant to reconvert land where the claimant turned that land into permanent pasture in the circumstance mentioned in Article 4(3) of that Regulation and later converted it out of permanent pasture.

(1)

OJ No L 316, 2.12.2009, p. 65.

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