Regulation 5 Grubbing up on a holding
This regulation applies where—
an undertaking has been given for the purposes of Article 3.2 of the Commission Regulation in relation to an application for premium by an owner or occupier of a holding the effect of which is an undertaking to refrain during the restriction period—
from planting or having planted any apple, pear, peach, or nectarine trees on the area of his holding affected by the grubbing up operation in respect of which the undertaking was given; and
from extending any other area of his holding planted with apple, pear, peach, or nectarine trees;
that owner or occupier intends, at any time after these Regulations come into force and before the end of the restriction period—
to grub up apple or pear trees on any part of his holding which is a retained orchard; and
to plant or have planted apple, pear, peach or nectarine trees on that or any other part of his holding which is not a former orchard or a non-eligible orchard; and
the planting mentioned in sub-paragraph (b)(ii) above takes place before the end of the restriction period but after the grubbing up operation described in sub-paragraph (b)(i) above.
The undertaking referred to in paragraph (1)(a) above shall not be treated for the purposes of these Regulations as being fulfilled during the period between the completion of the intended grubbing up and planting referred to in paragraph (1)(b) above and the end of the restriction period unless the conditions specified in paragraph (3) below have been satisfied.
The conditions are that the owner or occupier by whom or on whose behalf the intended grubbing up and planting is to be carried out—
notifies the appropriate Minister, in writing, of his intention to grub up and plant prior to starting the grubbing up and of the areas and locations of land which he intends to grub up and to plant or have planted with apple, pear, peach or nectarine trees;
refrains from planting or having planted any apple, pear, peach or nectarine trees on the holding concerned other than in any non-eligible orchard until after the grubbing up is completed; and
refrains at any time after the last grubbing up has started until the end of the restriction period from extending the area of his holding planted with apple, pear, peach or nectarine trees beyond the area so planted immediately after the grubbing up in respect of which an application for premium has been made.