Regulation 2 Interpretation

In these Regulations, unless the context otherwise requires–

• “area aid application” has the same meaning as in Article 6 of Council Regulation 3508/92;

• “authorised person” means a person who is authorised by the competent authority, either generally or specially, to act in matters arising under these Regulations, whether or not he is an officer of that competent authority;

• “breeding cow” means a female bovine animal comprised in a regular breeding herd which is not maintained primarily for the production of milk, which–

  1. (a)

     has borne a calf on or before the day on which a claim for a compensatory allowance for it is received by a competent authority or, in the case of a claim received before these Regulations come into force, had borne a calf on or before the day on which a claim was so received, and is, or was, capable of lactation on that day; or

  2. (b)

     has not yet borne a calf but–

     1. (i)

        has been added to the herd to replace, for the purposes of an application for the premium for maintaining suckler cows made in 1999 pursuant to regulation 3 of the 1993 Suckler Cow Regulations, an animal included in that application, and

     2. (ii)

        was in calf when it was so added to the herd, and

     3. (iii)

        is otherwise eligible for the said premium;

• “the 1998 Cattle Regulations” means the Cattle Identification Regulations 1998^f1;

• “claimant” means a person who has made a claim for a compensatory allowance;

• “Commission Regulation 1750/1999” means Commission Regulation (EC) No. 1750/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF)^f2;

• “Commission Regulation 2603/1999” means Commission Regulation (EC) No. 2603/1999 laying down rules for the transition to the rural development support provided for by Council Regulation (EC) No. 1257/1999^f3;

• “compensatory allowance” means a compensatory allowance payable in respect of the Scheme Year on the basis of livestock numbers for breeding cows or ewes in accordance with Article 7 of Commission Regulation 2603/1999;

• “competent authority” means–

  1. (a)

     in relation to England, the Minister of Agriculture, Fisheries and Food;

  2. (b)

     in relation to Northern Ireland, the Department of Agriculture and Rural Development;

  3. (c)

     in relation to Scotland, the Scottish Ministers;

  4. (d)

     in relation to Wales, the National Assembly for Wales;

• “Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes^f4;

• “Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations^f5;

• “ewe” means a female sheep which is at least one year old on 1st January 2000 and is comprised in a qualified flock;

• “forage area” means land used to graze or feed livestock which was included as such in a valid area aid application submitted in 1999;

• “holding” means all the production units managed by a claimant situated within the United Kingdom;

• “husbandry practice” includes practice in relation to the grazing and feeding of livestock;

• “the 1996 Order” means the Sheep and Goats (Records, Identification and Movement) Order 1996^f6;

• “overgrazed” means grazed with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) to a significant degree;

• “production unit” has the same meaning as in Council Regulation 3508/92;

• “regular breeding herd” means a herd of cattle which is usually kept on a production unit which includes land in a less-favoured area referred to in Article 14(1) of Council Regulation 1257/1999 and which is, in the opinion of the competent authority–

  1. (a)

     maintained primarily for the purpose of breeding and rearing calves; and

  2. (b)

     maintained and managed in accordance with sound husbandry practice;

• “Scheme Year” means the calendar year 2000;

• “the 1992 Sheep Regulations” means the Sheep Annual Premium Regulations 1992^f7;

• “specified control measure” means any check which a member State is required to carry out under Article 47 of Commission Regulation 1750/1999;

• “the 1993 Suckler Cow Regulations” means the Suckler Cow Premium Regulations 1993^f8;

• “unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles;

• “usual good farming practices” means the farming practices described in Article 14(2) of Council Regulation 1257/1999 and defined in Article 28 of Commission Regulation 1750/1999.

Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.

Any reference in these Regulations to a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation so numbered in these Regulations.