Made | 4th April 2001 | ||
Laid before Parliament | 5th April 2001 | ||
Coming into force | 4th May 2001 |
and
(2) Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation 1254/1999, Commission Regulation 2342/1999 and Commission Regulation 3887/92.
(3) In these Regulations any reference to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
(4) In these Regulations any reference to -
Application
3.
- (1) These Regulations shall apply to applicants, and in relation to the holdings of such applicants, to the specified extent.
(2) For the purposes of paragraph (1), "the specified extent", in relation to an applicant, is the extent to which the appropriate authority is the relevant competent authority in relation to his holding for the purposes of the IACS Regulations.
Applications for premium etc.
4.
- (1) For the purposes of Article 6(2)(b) of Council Regulation 1254/1999, the total individual reference quantity which must not be exceeded shall be 180,000 kilograms of milk or milk products.
(2) For the purposes of Article 30(2) of Commission Regulation 2342/1999, the period in each calendar year during which an application for premium may be submitted shall be the period from and including 1st July to and including 6th December in that calendar year.
(3) A producer shall not be entitled to submit more than one application for premium during any one calendar year.
(4) Where in respect of any given calendar year a number of applications for premium are submitted by persons who have in respect of that year made more than one area aid application under Article 6 of Council Regulation 3508/92 but who are regarded as a single farmer within the meaning of Article 1(4) of that Regulation, the applications concerned shall be deemed to be a single application made by one producer for the purposes of paragraph (3).
(5) Where any additional payment provided for by -
is made to a successful applicant, then -
Overgrazing
5.
- (1) Subject to paragraph (2) below, where, in the year preceding the opening date for submitting claims for premium in respect of any given scheme year, the appropriate authority forms the opinion that any parcel of land is being overgrazed, that authority may notify the occupier of the maximum number of premium animals which may be grazed and maintained on that parcel in that scheme year, which number shall be determined by taking account of the number of other animals (expressed in terms of livestock units) likely to be grazed and maintained on the parcel concerned in the scheme year in question and having regard to such conditions as may be specified in the notification.
(2) The appropriate authority may in the year preceding the opening date for submitting claims for premium in respect of any given scheme year issue a notification under paragraph (1) above even where there is no evidence that the parcel of land to which it relates is being overgrazed if that authority has previously made such a notification under paragraph (1) or any of the provisions specified in paragraph (5) in respect of that parcel having formed the opinion that it was being overgrazed.
(3) Where the appropriate authority has made a notification under paragraph (1) or any of the provisions specified in paragraph (5), no premium shall be paid in respect of the scheme year for which it was issued on any number of premium animals grazed and maintained in that scheme year on the parcel of land to which it relates in excess of the maximum number of such animals specified in it.
(4) Where the appropriate authority has made a notification under paragraph (1) above and is satisfied that -
(5) The provisions referred to in paragraphs (2) and (3) are -
Unsuitable supplementary feeding methods
6.
- (1) Where, in any scheme year, the applicant uses unsuitable supplementary feeding methods, the appropriate authority may -
(2) Where the applicant was not penalised for using unsuitable supplementary feeding methods under paragraph (1) nor under any of the provisions specified in paragraph (3) in the preceding scheme year, the amount of premium referred to in paragraph (1) may be reduced by ten per cent; where the applicant was so penalised in the preceding scheme year, but not in the scheme year before that, that amount may be reduced by twenty per cent; and where the applicant was so penalised in each of the two preceding scheme years that amount may be withheld.
(3) The provisions referred to in paragraph (2) are -
Retention of records
7.
- (1) An applicant shall retain for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to -
(2) For the purpose of this regulation "relevant date" means, in relation to an applicant, the date on which his application was submitted to the appropriate authority.
Powers of authorised persons
8.
- (1) An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of -
(2) An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, a holding occupied by, or in the possession of, an applicant.
(3) An authorised person who has entered any land by virtue of this regulation may -
(4) An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
(5) An authorised person may -
Assistance to authorised persons
9.
An applicant or any employee, servant or agent of an applicant shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 8 and in particular, in relation to any cattle, shall arrange for the collection, penning and securing of such cattle, if so requested.
Withholding and recovery of premium
10.
- (1) Where at any time during a scheme year an applicant fails to -
the appropriate authority may withhold or recover on demand the whole or any part of any premium payable or, as the case may be, paid to the producer in respect of that scheme year.
(2) Where an applicant intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising a power conferred by regulation 8, or fails without reasonable excuse to comply with a request made by an authorised person when exercising such a power, the appropriate authority shall be entitled to recover on demand from that applicant the whole or any part of any premium paid to him.
(3) Where a person (other than an applicant) intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising a power conferred by regulation 8, or fails without reasonable excuse to comply with a request made by an authorised person for the purpose of exercising such a power, the appropriate authority shall be entitled, where such person was at the time of such obstruction or failure an employee, servant or agent of an applicant, to recover on demand from that applicant the whole or any part of any premium paid to that applicant.
Rate of interest
11.
Except where the appropriate authority recovers from any applicant any premium or part of any premium paid to that applicant as a result of an error of that authority, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Offences
12.
It shall be an offence for a person -
Punishment of offences
13.
- (1) A person guilty of an offence under regulation 12(a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) A person guilty of an offence under regulation 12(d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
14.
- (1) Proceedings for an offence under regulation 12 may, subject to paragraph (2) below, in England and Wales be brought, and in Scotland be commenced, within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
(2) No such proceedings shall be brought by virtue of this regulation more than twelve months after the commission of the offence.
(3) For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
(4) A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Offences by bodies corporate
15.
- (1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of -
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
(2) For the purposes of paragraph (1) above, "director", in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
(3) Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Revocations and saving
16.
- (1) Subject to paragraph (2), the Regulations specified in the Schedule are hereby revoked in so far as they apply to the same extent as these Regulations apply pursuant to regulation 3.
(2) Paragraph (1) shall not affect the continued operation of regulations 4 to 12 of the Suckler Cow Premium Regulations 1993[26] in respect of premium paid under those Regulations.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
4th April 2001
Signed on behalf of the National Assembly for Wales
John Marek
The Deputy Presiding Officer of the National Assembly
3rd April 2001
Title | Reference |
The Suckler Cow Premium Regulations 1993 | S.I. 1993/1441 |
The Suckler Cow Premium (Amendment) Regulations 1994 | S.I. 1994/1528 |
The Suckler Cow Premium (Amendment) Regulations 1995 | S.I. 1995/15 |
The Suckler Cow Premium (Amendment) (No. 2) Regulations 1995 | S.I. 1995/1446 |
The Suckler Cow Premium (Amendment) Regulations 1996 | S.I. 1996/1488 |
The Suckler Cow Premium (Amendment) Regulations 1997 | S.I. 1997/249 |
The rules relating to administration provide for the submission of applications for suckler cow premium (regulation 4) and the retention of records by applicants (regulation 7), impose sanctions for overgrazing and the use of unsuitable supplementary feeding methods (which are included as a condition of the scheme by virtue of Article 3 of Council Regulation (EC) No. 1259/1999 establishing common rules for direct support schemes under the common agricultural policy (OJ No. L160, 26.6.1999, p.113)) (regulations 5 and 6), and provide for withholding or recovery of suckler cow premium where there is a breach of the rules of the scheme (regulations 10 and 11).
The enforcement provisions confer powers of entry, inspection and collection of evidence on authorised persons (regulations 8 and 9). These include the powers required under Article 6 of Commission Regulation (EC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes (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)). Regulations 12 to 15 deal with offences and penalties.
No Regulatory Impact Assessment has been prepared in respect of these Regulations.
[3] 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).back
[4] OJ No. L281, 4.11.1999, p.30.back
[5] OJ No. L118, 19.5.2000, p.4.back
[6] OJ No. L228, 8.9.2000, p.25.back
[7] OJ No. L316, 15.12.2000, p.44.back
[8] OJ No. L29, 31.1.2001, p.27.back
[9] OJ No. L355, 5.12.92, p.1, as last amended by Commission Regulation (EC) No. 1593/2000 (OJ No. L182, 21.7.2000, p.4).back
[10] OJ No. L117, 7.5.97, 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).back
[11] OJ No. L160, 26.6.1999, p.21.back
[13] S.I. 1993/1317, as amended by S.I. 1994/1134, 1997/1148, 1999/1820 and 2000/2573.back
[14] OJ No. L204, 11.8.2000, p.1.back
[15] S.I. 1990/1867, as amended by S.I. 1993/503 and revoked by S.I. 1995/12.back
[16] S.I. 1995/12, partially revoked by S.I. 1998/871.back
[17] S.I. 1997/1901, revoked by S.I. 1998/871.back
[18] S.I. 1998/871, as amended by S.I. 1998/1796, 1998/2969 and 1999/1339.back
[19] OJ No. L333, 21.12.96, p.2.back
[20] S.I. 1993/1441, as amended by S.I. 1994/1528, 1995/15, 1995/1446, 1996/1488, 1997/249 and 2000/2573.back
[21] S.I. 1996/3241, as amended by S.I. 1999/1179 and 2000/2573.back
[23] S.I. 2001/1332 (W. 82).back
[24] S.I. 1992/2677, as amended by 1994/2741, 1995/2779, 1996/49, 1997/2500, 2000/2573 and 2001/281.back
[26] S.I. 1993/1441, as amended by S.I. 1994/1528, 1995/15, 1995/1446, 1996/1488, 1997/249 and 2000/2573.back