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The Secretary of State for Environment, Food and Rural Affairs, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on her by that section, and of all other powers enabling her in that behalf, hereby makes the following Regulations: Title and commencement 1. These Regulations may be cited as the Organic Farming (England Rural Development Programme) (Amendment) Regulations 2001 and shall come into force on 10th October 2001. Interpretation 2. In these Regulations "the principal Regulations" means the Organic Farming (England Rural Development Programme) Regulations 2001[3]. Amendment to the principal Regulations 3. - (1) In regulation 4 of the principal Regulations, paragraph (2)(a) shall be deleted. (2) After regulation 9 of the principal Regulations, there shall be inserted the following regulation -
9A. - (1) Regulations 4, 5 and 9 shall have effect subject to this regulation. (2) This regulation applies in relation to an applicant affected by FMD. (3) The undertaking specified in regulation 4(2)(b)(i) shall apply only to that part of the specified period beginning with the date on which a certificate of registration is issued to the applicant in respect of the first organic parcel. (4) The Minister may accept an application notwithstanding that the condition in regulation 5(1)(a) is not satisfied, provided that -
(b) where -
(ii) the request for a certificate of registration has been received by the inspection authority before 14th August 2001, but the organic parcel in question became subject to FMD restrictions after 13th August 2001;
the conditions in paragraph (6) are satisfied.
(5) The conditions referred to in paragraph (4)(a) are that -
(b) the Minister has received an FMD certification in respect of the organic parcel in question.
(6) The conditions referred to in paragraph (4)(b) are that the application was received by the Minister by the requisite time and was accompanied by an FMD certification in respect of the organic parcel in question.
(9) For the purposes of this regulation -
(b) "FMD" means foot-and-mouth disease; (c) "FMD certification" means a certificate given by an inspection authority in relation to an organic parcel to the effect that, at the date of certification, the organic parcel is subject to FMD restrictions as a consequence of which inspection of the land comprised in that organic parcel is impracticable; (d) "FMD restrictions" means restrictions imposed by or as a consequence of the following -
(ii) a notice served under article 13(1) of the 1983 Order; (iii) an order made under article 17(1) of the 1983 Order; (iv) an order made under article 29C(1) of the 1983 Order; or (v) a notice served under article 38 of the 1983 Order which prohibits the movement of any person into, within or out of the organic parcel to which the application relates;
(e) "the 1983 Order" means the Foot-and-Mouth Disease Order 1983[4];
(ii) 29th March 2002.".
(This note is not part of the Regulations) These Regulations amend the Organic Farming (England Rural Development Programme) Regulations 2001 (the "principal Regulations") which provide for the payment of aid to farmers who undertake to introduce organic farming methods. They implement an amendment to the England Rural Development Programme which was notified to the Commission on 31st July 2001 under sub-paragraph 3 of Article 35.2 of Council Regulation 1750/1999 (EC) No. 1750/1999 (OJ No.L214, 13.8.99, p.31). The Regulations amend the principal Regulations by inserting a new regulation 9A to enable applications to be accepted from farmers who have been unable, as a direct result of the outbreak of foot-and-mouth disease in England, to meet the normal criteria for acceptance of applications because (i) their land has not been inspected by an inspection authority; and (ii) they are consequently unable to provide a declaration that the inspection authority has approved a plan relating to the whole organic unit ("plan") (regulation 3). The dispensation from that requirement is temporary, since the effect of new regulation 9A(8) is that, notwithstanding the acceptance by the Minister of such applications, no payment of aid will be made until the Minister has received a declaration by the applicant that the inspection authority has approved a plan. No Regulatory Impact Assessment has been prepared in respect of these Regulations. Notes: [1] S.I. 1972/1811.back [4] S.I. 1983/1950, as amended by S.I. 1993/3119, S.I. 1995/2922, and, as regards England, by S.I.s 2001/571, 2001/680, 2001/974, 2001/1078, 2001/1407, 2001/1514, 2001/1862, 2001/2238, 2001/2735, 2001/2814 and 2001/2994.back
ISBN 0 11 029975 2
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