Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/2844 |
| Year | 1997 |
1997 No. 2844
AGRICULTURE
The Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997
Made 26th November 1997
Laid before Parliament 3rd December 1997
Coming into force 31th December 1997
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated1for the purposes of subsection (2) of section 2 of the European Communities Act 19722in relation to the common agricultural policy of the European Community, acting jointly in exercise of the powers conferred on them by that subsection and of all other powers enabling them in that behalf, hereby make the following Regulations:
Title and commencement
1. These Regulations may be cited as the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1997 and shall come into force on 31st December 1997.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires—
“Commission Regulation 3567/92” means Commission Regulation (EEC) No. 3567/92laying down detailed rules for the application of the individual limits, national reserves and transfer of rights provided for in Articles 5a to 5c of Council Regulation (EEC) No. 3013/89on the common organization of the market in sheepmeat and goatmeat3;
“Commission Regulation 3886/92” means Commission Regulation (EEC) No. 3886/92laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68on the common organization of the market in beef4;
“the Community legislation” means Articles 5a and 5b of Council Regulation 3013/89, Commission Regulation 3567/92, Articles 4d to 4h of Council Regulation 805/68, and Articles 22 to 40 and, so far as they relate to suckler cow premium, 41 to 45 of Commission Regulation 3886/92;
“Council Regulation 805/68” means Council Regulation (EEC) No. 805/68on the common organization of the market in beef and veal5;
“Council Regulation 3013/89” means Council Regulation (EEC) No. 3013/89on the common organization of the market in sheepmeat and goatmeat6;
“holding” has the same meaning as in—
(a) Article 1(3) of Council Regulation (EEC) No. 3493/90laying down general rules for the grant of premiums to sheepmeat and goatmeat producers7insofar as these Regulations relate to sheep annual premium quota; and
(b) Article 4a of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota;
“lease” means—
(a) a temporary lease under Article 5a(4)(d) of Council Regulation 3013/89 insofar as these Regulations relate to sheep annual premium quota; and
(b) a temporary transfer under Article 4e(3) of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota,
and “lessor” shall be construed accordingly;
“marketing year” means a marketing year as defined in Article 3(3) of Council Regulation 3013/89;
“the Minister” means—
(a) in relation to England, the Ministry of Agriculture, Fisheries and Food;
(b) in relation to Wales or Scotland, the Secretary of State; and
(c) in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“producer” has the same meaning as the expression—
(a) “sheepmeat and/or goatmeat producer” (insofar as it relates to ewes) in Article 1(1) of Council Regulation (EEC) No. 3493/90laying down general rules for the grant of premiums to sheepmeat and goatmeat producers insofar as these Regulations relate to sheep annual premium quota; and
(b) “producer” in Article 4a of Council Regulation 805/68 insofar as these Regulations relate to suckler cow premium quota;
“quota” means sheep annual premium quota or as the case may be suckler cow premium quota;
“quota register” means the register prepared and maintained under regulation 12;
“relevant year” means, in the case of a sheep producer, the 1991 marketing year and, in the case of a suckler cow producer, the 1992 calendar year;
“sensitive zones” means the sensitive zones specified in Schedule 1 and a reference to a numbered sensitive zone is a reference to the sensitive zone so numbered in that Schedule;
“sharefarming agreement” means a farming contract made between the owner of land (including a person entitled for a term of years certain or other limited estate) and a farmer with no legal interest or charge in or over the land concerned which does not constitute the parties partners or employer and employee but merely contracting parties whose liabilities remain separate, whose contributions are defined by the agreement between them, whose responsibility for planning and managing the farming enterprise is joint and whose rewards are an agreed share of the revenue of that enterprise; and any reference in these Regulations to a “sharefarmer” is a reference to any farmer such as is specified above;
“sheep annual premium” means the premium granted under Article 5 of Council Regulation 3013/89 and any reference in these Regulations to the Sheep Annual Premium Scheme for a given year is a reference to the arrangements adopted by the Minister for enabling sheep annual premium to be granted in respect of that year;
“sheep annual premium quota” means the right to sheep annual premium subject to the individual limit referred to in Article 5a of Council Regulation 3013/89;
“the sheep annual premium quota national reserve” means the national reserve of sheep annual premium quota established under Article 5b of Council Regulation 3013/89;
“suckler cow premium” means the premium granted under Article 4d of Council Regulation 805/68 and any reference in these Regulations to the Suckler Cow Premium Scheme for a given year is a reference to the arrangements adopted by the Minister for enabling suckler cow premium to be granted in respect of that year;
“suckler cow premium quota” means the right to suckler cow premium subject to the individual ceiling referred to in Article 4d of Council Regulation 805/68;
“the suckler cow premium quota national reserve” means the national reserve of suckler cow premium quota established under Article 4f of Council Regulation 805/68;
“transfer”, in relation to quota, means—
(a) a transfer of sheep annual premium quota under Article 5a(4)(b) of Council Regulation 3013/89 insofar as these Regulations relate to such quota; and
(b) a transfer of suckler cow premium quota under Article 4e(1) of Council Regulation 805/68 insofar as these Regulations relate to such quota,
but does not include a lease, and “transferor” shall be construed accordingly.
(2) In these Regulations, unless the context otherwise requires, any reference to—
(a)
(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; or
(b)
(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
(3) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
(4) Insofar as these Regulations relate to sheep annual premium quota, any reference in them to—
(a)
(a) the national reserve is a reference to the sheep annual premium quota national reserve;
(b)
(b) the national reserve for a given year is a reference to the sheep annual premium quota national reserve for any particular marketing year later than 1998, insofar as it comprises—
(i) any sheep annual premium quota which has been added to that or any previous national reserve in accordance with regulation 10(1),
(ii) any sheep annual premium quota which has been added to that or any previous national reserve in accordance with regulation 10(2),
(iii) any sheep annual premium quota carried forward from the national reserve for the previous year in accordance with regulation 11(5) or paragraph 2(1) of Schedule 3, and
(iv) (in the case of the national reserve for 1999 only) any sheep annual premium quota which the Minister had by the time these Regulations were made directed should be carried forward into the national reserve for 1999 (within the meaning of the expression “the national reserve for any given year later than 1993” as defined in regulation 2(1) of the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 19938, as read with regulation 2(4) thereof) under the provisions of paragraph (5) of regulation 13A of or paragraph 6(1) of Schedule 3 to those Regulations; or
(c)
(c) a particular, but unspecified national reserve is a reference to the national reserve for a given year.
(5) Insofar as these Regulations relate to suckler cow premium quota, any reference in them to—
(a)
(a) the national reserve is a reference to the suckler cow premium quota national reserve;
(b)
(b) the national reserve for a given year is a reference to the suckler cow premium quota national reserve for any given calendar year later than 1997 insofar as it comprises—
(i) any suckler cow premium quota which has been added to that or any previous national reserve in accordance with regulation 10(1),
(ii) any suckler cow premium quota which has been added to that or any previous national reserve in accordance with regulation 10(2),
(iii) any suckler cow premium quota carried forward from the national reserve for the previous year in accordance with regulation 11(5) or paragraph 2(1) of Schedule 3, and
(iv) (in the case of the national reserve for 1998 only) any suckler cow premium quota which the Minister had by the time these Regulations were made directed should be carried forward into the national reserve for 1998 (within the meaning of the expression “the national reserve for any given year later than 1993” as defined in regulation 2(1) of the Sheep Annual Premium and Suckler Cow Premium Quotas Regulations 1993, as read with regulation 2(4) thereof) under the provisions of paragraph (5) of regulation 13A of or paragraph 6(1) of Schedule 3 to those Regulations; or
(c)
(c) a particular, but unspecified national reserve is a reference...
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