Regulation 10 Requirements in relation to rapeseed

(1)

A farmer who sows farm-saved rapeseed on his holding shall not be entitled to receive compensatory payments in respect of the land sown with that seed unless that seed is qualifying seed and has been cleaned and dressed separately from any farm-saved rapeseed of a different variety produced on that holding and from seed not produced on that holding.

(2)

For the purposes of paragraph (1) above seed is qualifying seed if it was harvested—

(a)

during the pre-sowing harvest; or

(b)

subject to paragraph (3) below, during the harvest immediately preceding the pre-sowing harvest.

(3)

Seed harvested during the harvest immediately preceding the pre-sowing harvest is qualifying seed for the purposes of paragraph (1) above only if—

(a)

climatic conditions during the pre-sowing harvest were such that it was either not possible to harvest farm-saved rapeseed or not possible to clean and dress it as specified in paragraph (1) above or to obtain the results of the mandatory analysis, before the time at which it would be necessary to sow seed in order to obtain a successful crop; and

(b)

the farmer has informed the seed sampler, before sowing such seed, that he intended to sow it because the conditions of sub-paragraph (a) above were satisfied.

(4)

For the purposes of Article 2(1)(d) of Commission Regulation 2294/92 (which restricts eligibility for compensatory payments in respect of oil seed crops to areas sown in accordance with locally recognised standards)—

(a)

a farmer who sows—

(i)

a crop of winter high erucic acid rapeseed within 50 metres of a crop of previously sown winter OO rapeseed;

(ii)

a crop of spring high erucic acid rapeseed within 50 metres of a crop of previously sown spring OO rapeseed;

(iii)

a crop of winter OO rapeseed within 50 metres of a crop of previously sown winter high erucic acid rapeseed; or

(iv)

a crop of spring OO rapeseed within 50 metres of a crop of previously sown spring high erucic acid rapeseed,

shall not be regarded as having sown that crop in accordance with locally recognised standards; and

(b)

a farmer who in any case referred to in paragraphs (i) to (iv) of sub-paragraph (a) above, has also sown the previously sown crop, shall not be regarded as having sown that previously sown crop in accordance with locally recognised standards.

(5)

For the purposes of this regulation—

(a)

the “pre-sowing harvest” is the harvest immediately preceding the autumn or spring in which the seed is sown;

(b)

the “seed sampler” is an appointed agent of the Minister whom the Minister has authorised by letter to take the samples required for mandatory analyses;

(c)

a “mandatory analysis” is the analysis required by Annex III of Commission Regulation 2294/92 to ensure that farm-saved rapeseed to which Article 3(1)(b) of that Regulation applies conforms to the minimum quality criterion specified in that Annex;

(d)

“OO rapeseed” is any variety of oilseed rape listed in Annex II to Commission Regulation 2294/92;

(e)

“high erucic acid rapeseed” means rapeseed of any variety conforming to the requirements of Annex IV to Commission Regulation 2294/92, except OO rapeseed;

(f)

“winter OO rapeseed” and “winter high erucic acid rapeseed” means OO or high erucic acid (as the case may be) rapeseed sown in the year before the intended year of harvest of the crop; and

(g)

“spring OO rapeseed” and “spring high erucic acid rapeseed” means OO or high erucic acid (as the case may be) rapeseed sown in the same calendar year as it is intended to harvest the crop.