The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993
© Crown Copyright 1993 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Arms and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993, ISBN 0110346262. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. | ||||||||
AGRICULTURE The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993
1. These Regulations may be cited as the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993 and shall come into force on 1st July 1993.
2.—(1) In these Regulations, unless the context otherwise requires—
(2) In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.
3.—(1) Where a producer's holding is not situated entirely in a single sensitive zone, then—
(2) Where a producer's holding is situated in sensitive zone 5, or is to be treated by virtue of paragraph (1) of this regulation as so situated, and the parts of the holding in sensitive zone 5 are not situated entirely within England, Wales or Scotland, the holding shall be treated for the purposes of these Regulations as being situated in whichever of those countries contains the greatest part of the agricultural area utilised for farming on the holding that is within sensitive zone 5. (3) In this Regulation "agricultural area utilised for farming" has the same meaning as in Article 5(b) of Council Regulation (EEC) No 571/88 on the organisation of Community surveys on the structure of agricultural holdings between 1988 and 1997[13].
4.—(1) The marketing year used under Article 5a(5)(a) of Council Regulation 3013/89 in establishing a coefficient for the purpose of determining quotas for sheep annual premium under Article 5a(1) of that Regulation shall be the 1990 marketing year. (2) The reference year used for determining quotas for suckler cow premium under Article 4d(2) of Council Regulation 805/68 shall be 1992.
5.—(1) The notification of a transfer or lease of quota specified in Article 7(2) of Commission Regulation 3567/92 and Article 34(2) of Commission Regulation 3886/92 shall be made to the Minister with responsibility for the part of the United Kingdom in which the transferor's holding is situated in such form as the Minister may from time to time determine. (2) For a transfer or lease of quota for sheep annual premium the deadline for notification under Article 7(2) of Commission Regulation 3567/92 shall be the latest date that leaves 2 clear months before the first day of the first period for submitting applications for premium in respect of the next marketing year. (3) For a transfer or lease of quota for suckler cow premium the deadline for notification shall be the latest date that leaves 2 clear months before the first day of the next period for submitting applications for premium. (4) Notification of a transfer or lease of quota may be made at any time from the first day of a period for submitting applications for premium until the deadline for notification. (5) In 1993 the Minister may determine additional deadlines for notification for transfers to be effective for the 1993 marketing year in the case of sheep annual premium or for 1993 in the case of suckler cow premium. (6) Any additional deadlines for notification determined under paragraph (5) of this regulation shall be published by such means as the Minister considers likely to come to the attention of producers.
6.—(1) Where a producer transfers quota without transferring his holding, the part of the quota surrendered to the national reserve under Article 5a(4)(b) of Council Regulation 3013/89 or Article 4e(1) of Council Regulation 805/68 shall be 15%. (2) A producer with a suckler cow premium quota for less than 10 animals shall not—
7.—(1) Where a producer transfers quota to a person taking over his holding, the notification of transfer shall, subject to paragraph (3) of this regulation, be made no later than the next deadline for notification and shall be accompanied by evidence satisfactory to the Minister of the taking over of the holding. (2) The evidence shall demonstrate either that the transferee of the quota has already taken over the holding or that he is under an obligation to take it over before the first day of the period for submitting applications for premium next following the deadline for notification. (3) Where a producer transfers quota during the last 4 weeks before a notification deadline to a person taking over his holding, the notification of transfer shall be made no later than the second deadline for notification following the transfer. (4) If the requirements of this regulation are not met in respect of a transfer of quota, or if the Minister is not satisfied that a transferee of quota has taken over or is under an obligation to take over the transferor's holding, the Minister shall treat the transfer of quota as having been made without a transfer of a holding.
8.—(1) Quota that is allocated to a producer under Article 2(1) of Commission Regulation 3567/92 for sheep annual premium quota or Article 27(1) of Commission Regulation 3886/92 for suckler cow premium quota and quota that is allocated to a producer from the national reserve shall be regarded as belonging to the sensitive zone in which the producer's holding is situated. (2) A producer shall not transfer or lease quota to a producer whose holding is not situated in the sensitive zone to which the quota belongs, except in accordance with regulation 9. (3) A producer shall not use quota that does not belong to the sensitive zone in which his holding is situated. (4) Where a producer has, on or before the date on which these Regulations come into force, incurred an obligation whose fulfilment has the effect that his holding is situated in a different sensitive zone from that in which it is situated on the date on which these Regulations come into force, his quota shall be treated for the purposes of this regulation as if the obligation had been fulfilled before that date.
9.—(1) A producer whose holding is situated in one of sensitive zones 1 to 4 may transfer or lease quota to a producer whose holding is situated in sensitive zone 5, and a producer whose holding is situated in sensitive zone 6 may transfer or lease quota to a producer whose holding is situated in sensitive zone 7, if—
(2) Quota that is transferred to a producer by virtue of paragraph (1) of this regulation shall thereafter be regarded as belonging to the sensitive zone in which the transferee's holding is situated. (3) In paragraph (1) of this regulation "qualifying environmental scheme"means—
10. A producer participating in a programme recognised by the Commission for the purpose of Article 7(4) of Commission Regulation 3567/92 or Article 34(3) of Commission Regulation 3886/92 shall not be subject to the time restrictions on leasing imposed by those provisions in respect of any quota that he leases to another producer if he could not use that quota without exceeding the maximum stocking level permitted under the programme.
11.—(1) The initial national reserve of sheep annual premium quota established under Article 5b(1) of Council Regulation 3013/89 shall be equal to at least 1% of the sum of quotas allocated to producers and shall be stocked from the excess of quota over the number of animals for which premium was paid for the 1991 marketing year that results from the application of the coefficient established under Article 5a(5) of Council Regulation 3013/89. (2) The initial national reserve of suckler cow premium quota established under Article 4f(1) of Council Regulation 805/68 shall be equal to at least 1% of the total number of animals for which premium was granted for 1992 and shall be created by reducing producers' quotas under Article 4d(2) of that Regulation by such a proportion as the Minister may determine.
12. Each national reserve shall be divided into 7 divisions, consisting of a division for each sensitive zone.
13.—(1) The quota that forms the initial national reserve for sheep annual premium by virtue of regulation 11(1) shall be distributed among the divisions of the national reserve in proportion to the total number of animals for which premium was claimed for the 1992 marketing year by producers whose holdings are in the sensitive zones to which the divisions relate. (2) The quota that forms the initial national reserve for suckler cow premium by virtue of Article 4d(2) of Council Regulation 805/68 (as read with regulation 11(2)) shall be distributed among the divisions of the national reserve by reference to the sensitive zones in which the holdings of the producers from the reduction of whose quotas the quota is derived are situated. (3) The additional reserves created under Article 5b(3) of Council Regulation 3013/89 and Article 4f(3) of Council Regulation 805/68 shall be established separately for each of sensitive zones 1, 2, 3, 4 and 6, and they shall be added to the divisions of the national reserve relating to those sensitive zones. (4) The quota that is added to the national reserve for suckler cow premium under Article 4d(6) of Council Regulation 805/68 shall be distributed among the divisions of the national reserve in proportion to the size of those divisions when the additional reserve created under Article 4f(3) of that Regulation (as read with paragraph (3) of this regulation) is added to the initial national reserve established under Article 4f(1) of that Regulation by virtue of Article 4d(2) of that Regulation (as read with regulation 11(2) and paragraph (2) of this regulation). (5) Quota that is surrendered to the national reserve under Article 5a(4)(b) of Council Regulation 3013/89 or Article 4e(1) of Council Regulation 805/68 (as read with regulation 6(1)) on a transfer of quota shall be added to the division of the national reserve relating to the sensitive zone in which the transferor's holding is situated immediately before the transfer.
14.—(1) The Minister shall prepare and maintain a register containing an entry relating to each producer who has quota. (2) The entry for each producer shall include—
15.—(1) Any person who has entered into a financial arrangement with a producer in reliance on an expectation of the producer's continuing right to receive sheep annual premium or suckler cow premium may make a request to the Minister in such form as the Minister may from time to time determine for a copy of the entry in the quota register relating to that producer. (2) The Minister shall inform the producer of the request. (3) After taking into account any representations made by the person making the request or by the producer the Minister shall decide whether to meet the request. (4) The Minister shall supply a copy of an entry in the quota register on request to the producer to whom the entry relates or any person who has the producer's written consent. (5) The Minister may make a reasonable charge for supplying a copy of an entry in the quota register to anyone other than the producer to whom the entry relates.
16.—(1) Any person who fails without reasonable excuse to comply with a requirement imposed on him by regulation 5(1), 6(2) or 8(2) or (3) or by or under the Community legislation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine. (2) Any person who, in connection with these Regulations or the Community legislation, makes a statement or uses a document which he knows to be false in a material particular, or recklessly makes a statement or uses a document which is false in a material particular, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Notes: [3] OJ No. L362, 11.12.92, p.41, as read with the corrigenda at OJ No. L6, 12.1.93, p.16. back [4] OJ No. L122, 18.5.93, p.26. back [5] OJ No. L391, 31.12.92, p.20. back [6] OJ No. L57, 10.3.93, p.19. back [7] OJ No. L148, 28.6.68, p.24 (OJ/SE 1968(I) p.187). back [8] OJ No. L215, 30.7.92, p.49. back [9] OJ No. L18, 27.1.93, p.1. back [10] OJ No. L289, 7.10.89, p.1. back [11] OJ No. L215, 30.7.92, p.59. back [12] OJ No. L337, 4.12.90, p.7, to which there are amendments not relevant to these Regulations. back [13] OJ No. L56, 2.3.88, p.1, to which there are amendments not relevant to these Regulations. back [14] OJ No. L218, 6.8.91, p.1. back [15] OJ No. L215, 30.7.92, p.85. back [16] 1968 c. 41; section 4(1) was inserted by section 40 of the Wildlife and Countryside Act 1981 (c. 69). back |
|
||
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
|
|
||
| We welcome your comments on this site | © Crown copyright 1993 | Prepared 20th September 2000 |