Single Payment Scheme (Amendment) Regulations, 2010

L.N. 510 of 2010.

AGRICULTURAL AND FISHING INDUSTRIES

(FINANCIAL ASSISTANCE)ACT

(CAP. 146)

Single Payment Scheme (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 7 of the

Agricultural and Fishing Industries (Financial Assistance) Act, the

Minister for Resources and Rural Affairs, in concurrence with the

Minister of Finance, the Economy and Investment has made the

following regulations:-

The title of these regulations is the Single Payment

Scheme (Amendment) Regulations, 2010 and they shall be read

and construed as one with the Single Payment Scheme Regulations,

hereinafter referred to as “the principal regulations”.

Regulation 2 of the principal regulations shall be

amended as follows

(a) immediately before the definition “agricultural

activity” there shall be added the following new definition

“active herd book” or “flock register” means a

register of live bovines or ovines of a particular holding

registered with the Veterinary Services Department;” ;

(b) for the definition agricultural parcel” there shall be

substituted the following

“ “agricultural parcel” means a continuous area of

land declared by one farmer, which does not cover more

than one single crop group;” ;

(c) in the definition “animal keeper” immediately after

the words “person responsible for” there shall be added the

word “rearing”;

(d)

the definition “arable land” shall be deleted;

(e) for the definition “eligible hectare” there shall be

substituted the following

“ “eligible land” means any agricultural area of the

holding taken up by arable land, permanent pasture and

areas under permanent crops, except forests, or used for

non-agricultural activities”;

(f) in the definition “Geographical information System

(GIS)” for the words “Article 20 of Regulation (EC) No.

1782/2003” there shall be substituted the words “Article 17 of

Regulation (EC) No. 73/2009”;”

(g) for the definition “Integrated Administration and

Control System” or “IACS” there shall be substituted the

following

“ “Integrated Administration and Control System”

or “IACS” shall have the same meaning as that assigned

to it in the Paying Agency Regulations (L.N. 126 of

2004) ;” ;

(h) the definition “livestock” shall be deleted;

(i) for the definition “livestock breeder” there shall be

substituted the following

“ “livestock breeder” means a farmer who breeds

bovines or ovines and has an active herd book or flock

register;” ;

(j) immediately after the definition “the Minister” there

shall be added the following new definitions

“ “National Reserve” means a fund set up in terms

of Article 41 of Regulation (EC) No. 73 of 2009;” ;

“Paying Agency” means the body established in

terms of the Paying Agency Regulations, 2004;”;

“payment claim” means an application for direct

payment in respect of entitlements submitted in terms of

regulation 26 of these regulations;

“payment entitlement” means a right for payment

related to the Single Payment Scheme in terms of these

regulations;” ;

(k) for the definition “Single Application” there shall

be substituted the following

“ “Single Application” means an application

for direct payments in respect of the Single Payment

Scheme; ” ;

(l) in the definition “transfer or sale or lease of

payment entitlement with land” for the words “Regulation

1782/2003” there shall be substituted the words “Regulation

(EC) No. 73/2009”; and

(m) in the definition “used entitlements” the words

“and for the year 2007 only, about which the ten-month rule

has been met” shall be deleted.

In regulation 3 of the principal regulations, for the words

“Dairy Premium.” there shall be substituted the words “Dairy

Premium, and shall also include fruit and vegetable reform in terms

of EC Regulation No. 1182/2007 and wine reform in terms of EC

Regulation No. 479/2008.”.

In regulation 4 of the principal regulations the words

“, vine restructuring,” shall be deleted and immediately after the

words “prior to 2007” there shall be added the words “and also

national schemes”.

Regulation 5 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the word

“applications” there shall be substituted the words “payment

claims”;

(b) for sub-regulation (2) thereof, there shall be

substituted the following

“(2) A farmer shall submit a payment claim for

the Single Payment Scheme, on a form provided by the

Paying Agency, in terms of Regulation (EC) 73/2009 in

a year of allocation.” ; and

(c) immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

“(3) In order for a farmer to be eligible for an

allocation of entitlements he shall possess

(a) at least 0.1 ha of eligible land registered

on the LPIS; or

(b) an active herd book or flock register.”.

Regulation 6 of the principal regulations shall be Amends regulation

amended as follows

(a)

sub-regulation (1) thereof shall be amended as

follows

(i) for the word “three” there shall be substituted

the word “five”;

(ii) in paragraph (b) the word “and” shall be

deleted; and

(iii) immediately after paragraph (c) there shall

be added the following new paragraphs

“(d)

normal tomato entitlements; and

(e) normal wine entitlements.” ;

(b) for sub-regulation (2) thereof, there shall be

substituted the following

“(2) Normal entitlements shall be allocated

to farmers who declared their parcels as arable land

or olives in 2007. New entitlements allocated from

the National Reserve shall be recognised as normal

entitlements.” ;

(c) subregulation (4) shall be renumbered as

subregulation (6) thereof;

(d) immediately after sub-regulation (3) there shall

be added the following new subregulations

“(4) Normal tomato entitlements shall apply

to farmers who expressed interest to receive tomato

entitlements during the applications campaign of 2008

and who produced tomatoes for processing during the

years 2006 and 2007.

(5) Normal wine entitlements shall apply

to farmers who expressed interest to receive wine

entitlements during the applications campaign of 2009

and who cultivated vines for the production of wine

during the year 2008.” ; and

(e) immediately after sub-regulation (6) as renumbered,

there shall be added the following new sub-regulation

“(7) Authorised entitlements, special

entitlements, normal tomato entitlements, and normal

wine entitlements shall not be re-allocated from the

National Reserve after their first year of allocation.” .

Regulations, 7, 8, 9, 10 and 11 of the principal regulations

shall be deleted.

For regulation 12 of the principal regulations there shall

be substituted the following

Entitlements shall be allocated in terms of the

following procedure

(a) any farmer who applies for aid in that

year of allocation shall receive a notification by the

Paying Agency indicating the entitlements which

he has been allocated;

(b) a farmer who receives a notification

in terms of paragraph (a) hereof shall be required

to reply, within 15 working days from the date

of such notification, by making a declaration in

writing stating his approval or disapproval of the

area assigned to him;

(c) if a reply is received in terms of

paragraph (b) hereof stating approval by the farmer,

a definitive entitlement shall be allocated;

(d) if no reply is received in terms of

paragraph (b) hereof within the stipulated

period, such application for entitlements shall be

cancelled;

(e) if a reply is received in terms of

paragraph (b) hereof stating the disapproval

by the farmer of the area assigned to him, such

dispute shall be referred to arbitration in terms of

regulation 13 of the Paying Agency Regulations,

2004.”

8. Regulation 13 of the principal regulations shall be Deletes regulations

deleted.

9. Regulation 14 of the principal regulations shall be Amends regulation

amended as follows

(a) in subregulation (1) thereof, for the words “Dispute

Resolution Board” there shall be substituted the words

“Paying Agency”, and for the words “the Board” there shall

be substituted the words “the Paying Agency”; and

(b) in subregulation (2) thereof, for the words “Dispute

Resolution Board” there shall be substituted the words

“Paying Agency”.

10. Regulations 15, 16 and 17 of the principal regulations Deletes regulations 15

shall be deleted.

11. For the regulation 18 of the principal regulations, there Substitutes regulation

shall be substituted the following

“18. (1) Unutilised entitlements shall revert to the

National reserve in terms of Regulation (EC) 73/ 2009.

(2) Available amounts in the National Reserve

shall be utilised according to decisions taken in terms of

Article 57 of Regulation (EC) No. 73/2009.” .

12. Regulation 19 of the principal regulations shall be Amends regulation

amended as follows

(a) the whole regulation shall be renumbered as

subregulation (1) thereof;

(b) in sub-regulation (1) as renumbered, for the

words “Entitlements can be traded by using” there shall

be substituted the words “Entitlements may only be traded

between farmers, by”;

(c) immediately after sub-regulation (1) as renumbered

there shall be added the following new sub-regulation (2)

“(2) Entitlements may only be traded in terms of

the provisions of Regulation (EC) No 73/2009.” .

In regulation 20 of the principal regulations, for the

words “Article 46(2) of Regulation 1782/2003” there shall be

substituted the words “Article 43 of Regulation (EC) 73/2009”.

(1) Regulation 21 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words “for the

2007 scheme year” there shall be substituted the words “in

the year of allocation”; and

(2) in sub-regulation (2) thereof, for the words

“in 2007” there shall be substituted the words “in the year of

allocation”.

For regulation 23 of the principal regulations there shall

be substituted the following regulation

(1) A request for land or entitlements to

be transferred by inheritance may be made at any time

during the year and submitted to the Paying Agency by

the designated heir.

(2) The designated heir shall assume all rights

and obligations in respect of such transferred land or

entitlements.

(3) Any relevant evidence in connection with

such transfer by inheritance shall be provided to the

Paying Agency upon request.”.

16. Immediately after regulation 24 of the principal

regulations there shall be added the following new regulations

When a dairy breeder transfers his quota or

a part thereof to another farmer for a period exceeding

12 months, he shall transfer the equivalent amount of

Special Dairy entitlements to the transferee

Provided that if the transferor owns more

quota than Special Dairy Entitlements he may keep those

Special Dairy Entitlements as long as, after the transfer

has taken place, the Special Dairy Entitlements do not

exceed the amount of quota owned.

(1) A farmer shall submit a payment claim

in respect of allocated entitlements during the application

period as indicated by the Paying Agency.

(2) A payment claim submitted in terms

of sub-regulation (1) shall activate the entitlement in

respect of which such claim was submitted. Farmers

shall activate their entitlements in order to be eligible for

payment under the SPS.

(3) In order for such entitlements to be

activated, farmers shall meet all the requirements in

terms of Regulation (EC) 73/2009, and the following

conditions shall be satisfied

(a) in the case of area related entitlements

a farmer is also bound to employ an equivalent

amount of eligible land;

(b) in the case of special entitlements

farmers shall be in possession of an active herd

book.

A direct payment shall not be granted to

farmers if

(a) in the case of land entitlements, the total

amount of entitlements owned is less than 0.1ha or

the total area declared under SPS is less than 0.1ha;

or

(b) in the case of special entitlements, the

total amount of special entitlement activated is less

than €100.

As from claim year 2011 payments shall only

conditions for

be effected to a farmer if

(a) in the case of activating special dairy

entitlements the farmer produces at least 50% of

milk equivalent to entitlements activated for that

year. If the farmer fails to produce the required

amount of milk, payment under these regulations

shall not be effected;

(b) In the case of activating special livestock

entitlements a farmer shall have at least 50%

of livestock units equivalent to the entitlements

activated registered on his holding throughout

the claim year. If such minimum amount is not

registered, payment under these regulations shall

not be effected.

The direct payment calculated in respect

Reductions in

of payment claims submitted correctly in terms of

regulation 26 and duly accepted, shall be reduced, in the

event of any irregularities, in terms of the provisions of

Regulation (EC) No. 1122/2009.

Any dispute arising from claims to the Paying

Agency made under these regulations shall be referred

to arbitration in terms of regulation 13 of the Paying

Agency Regulations, 2004.” .

€0.84