Explanatory note

These Regulations amend the Nitrate Sensitive Areas Regulations 1994 (“the 1994 Regulations”). In addition to minor and drafting amendments, they enable rights to be enjoyed by virtue of Council Regulation (EC) No. 1460/95 (OJ No. L144, 28.6.95, p.1) amending Regulation (EEC) 1765/92 establishing a support system for producers of certain arable crops (OJ No. L181, 1.7.92, p.12; Regulation as last amended by the 1994 Act of Accession and Regulation (EC) 3290/94–OJ No. L349, 31.12.94, p.105). Article 1(2) of Council Regulation 1460/95 makes provision whereby land subject to schemes made pursuant to Council Regulation (EEC) 2078/92 (OJ No. L215, 30.7.92, p.85) may be counted as being set aside for the purposes of the set-aside requirement of Article 7(1) of Council Regulation (EEC) 1765/92. The schemes established by the 1994 Regulations have effect pursuant to Council Regulation 2078/92 but the existing options of the “premium arable scheme” do not satisfy the conditions of Council Regulation 1460/95.

Regulation 2 of these Regulations amends the 1994 Regulations so as to add a further option— “the set-aside Option”—to the “premium arable scheme” established by the 1994 Regulations. It provides conditions for eligibility for the set-aside Option, undertakings to be given by applicants for aid under that option, grounds on which the Minister may refuse applications, payment rates, and possibilities of upgrading to other options of the premium arable scheme.