Title, commencement and application

1. These Regulations–

(a) may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Horticulture) Regulations 2009;

(b) come onto force on 31st July 2009; and

(c) apply in England.

Interpretation

2.–(1) In these Regulations–

"the 2005 Regulations" means the Common Agricultural Policy Single Payment and Support Schemes Regulations 2005(4);

"Commission Regulation 795/2004" means Commission Regulation (EC) No 795/2004(5) laying down detailed rules for the implementation of the single payment scheme provided for in Council Regulation (EC) No 1782/2003;

"Commission Regulation 796/2004" means Commission Regulation (EC) No 796/2004(6) laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003;

"the Council Regulation" means Council Regulation (EC) No 73/2009(7) establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003;

"farmer" has the meaning given by Article 2(a) of the Council Regulation;

"fruit and vegetables" has the meaning given by paragraph 1 of point A of Annex IX of the Council Regulation;

"holding" has the meaning given by Article 2(b) of the Council Regulation.

(2) Other expressions used in these Regulations that are also used in the Council Regulation, Commission Regulation 795/2004 or Commission Regulation 796/2004 have the meaning they bear in those instruments.

(3) Any reference in paragraph (1) to a Community instrument is a reference to that instrument as amended from time to time.

Horticulture

3.–(1) This regulation applies in relation to permanent fruit and vegetables, nurseries and vines.

(2) For the purposes of Articles 48h(1) and 48k(2) of Commission Regulation 795/2004 and Article 33(1)(b)(iii) and points A and C of Annex IX of the Council Regulation, a farmer may apply to establish a number of payment entitlements equal to the number of new eligible hectares that were, during the relevant period specified in paragraph (3), at that farmer´s disposal and used–

(a) to grow permanent fruit and vegetables;

(b) as a nursery; or

(c) to grow vines.

(3) The periods are–

(a) 1st January to 30th September 2008, in the case of permanent fruit and vegetables or nurseries; and

(b) 1st January to 31st July 2008, in the case of vines.

(4) In accordance with Article 21a(3) of Commission Regulation 796/2004, an application under paragraph (2) must be submitted on or before 13th August 2009.

(5) Where more than one farmer applies for a payment entitlement in relation to the same land, only the application of the farmer who last met the requirements of paragraph (2) during the relevant period specified in paragraph (3) will be considered.

Regions

4. The three regions specified in regulation 3 of the 2005 Regulations apply for the purposes of applications under regulation 3(2) of these Regulations.

Minimum size of holding

5. The minimum size of a holding specified in regulation 5 of the 2005 Regulations applies for the purposes of applications under regulation 3(2) of these Regulations.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in England for the administration of Commission Regulation (EC) No 795/2004 (OJ No L 141, 30.4.2004, p 1) and Commission Regulation (EC) No 796/2004 (OJ No L 141, 30.4.2004, p 18) in relation to the application, to farmers of permanent fruit and vegetables, nurseries and vines, of the Single Payment Scheme under the Common Agricultural Policy.

More specifically, these Regulations make provision for applications to establish payment entitlements, as provided for in Article 33(1)(b)(iii) and points A and C of Annex IX of Council Regulation (EC) No 73/2009 (OJ No L 30, 30.1.2009, p 16), in relation to permanent fruit and vegetables, nurseries and vines (regulation 3(1) and (2)). Regulation 3(3) specifies the relevant periods necessary to establish entitlement, and regulation 3(4) specifies that an application for entitlement must be submitted no later than 13th August 2009. Regulation 3(5) provides that in cases where more than one farmer applies to establish entitlement, only the application of the farmer who last met the requirements of paragraph (2) during the relevant period specified in paragraph (3) will be considered.

These Regulations also provide that regulations 3 and 5 of the Common Agricultural Policy Single Payment and Support Schemes Regulations 2005 (S.I. 2005/219) ("the 2005 Regulations") apply for the purposes of applications under regulation 3(2) of these Regulations. Regulation 3 of the 2005 Regulations specifies the three regions of England. The regions are moorland, the severely disadvantaged area (excluding moorland) and all other land (regulation 4). Regulation 5 of the 2005 Regulations specifies the minimum size of a holding for which the establishment of payment entitlements may be requested. The minimum size of holding is 0.3 hectares (regulation 5).

An impact assessment on the options for allocating Single Payment Scheme entitlements to farmers of permanent fruit and vegetables, nurseries and vines is available from the Defra Information Resource Centre, Lower Ground Floor, Ergon House, c/o Nobel House, 17 Smith Square, London SW1P 3JR.