AGRICULTURE Citation, extent and commencement 1 These Regulations may be cited as the Beef Special Premium Regulations 1996, shall extend to Great Britain and shall come into force on 1st January 1997. Interpretation 2 1 In these Regulations, unless the context otherwise requires– “additional amounts” means the additional amounts payable pursuant to Article 4h(1) of Council Regulation 805/68; “animal” means a male bovine animal within the meaning of Article 1(2)(a) of Council Regulation 805/68; “animal in the first age bracket” means a steer which on the date of the commencement of the retention period for it is not less than 8 months old and not more than 20 months old; “animal in the second age bracket” means a steer which on the date of the commencement of the retention period for it is not less than 21 months old; “applicant” means a producer who has applied for Community premium in respect of a given calendar year; “appropriate Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Wales or Scotland, the Secretary of State; “authorised person” means a person (whether or not an officer of the Minister concerned) who is authorised by the appropriate Minister, either generally or specifically, to act in matters arising under these Regulations; “bull” means an uncastrated animal which on the date of the commencement of the retention period for it is not less than 8 months old and not more than 20 months old; “bull premium” means the premium payable pursuant to Article 4b(2)(a) of Council Regulation 805/68; “Commission Regulation 3886/92” means Commission Regulation ( EEC ) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and repealing Regulations (EEC) No. 1244/82 and (EEC) No. 714/89 ; “Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ; “Community premium” means one or more of the first premium, the second premium and the bull premium; “Council Regulation 805/68” means Council Regulation (EEC) No. 805/68 on the common organization of the market in beef and veal ; “ear-tag” means– an ear-tag required to be attached to a bovine animal in accordance with article 8 of the Bovine Animals (Records, Identification and Movement) Order 1995 ; or an ear-tag or mark such as is specified in paragraph (2) of that article; “first premium” means the premium payable pursuant to the first indent of Article 4b(2)(b) of Council Regulation 805/68; “forage area” has the same meaning as in Article 4g(3) of Council Regulation 805/68; “holding” has the same meaning as in Article 4a of Council Regulation 805/68; “imported” means imported into Great Britain; “national administrative document” means a document issued in pursuance of Article 3 of Commission Regulation 3886/92, by the appropriate Minister or the competent authority in Northern Ireland; “overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly; “person who has applied for a national administrative document” means a person who has applied for a national administrative document under regulation 3, or a duplicate or replacement national administrative document under regulation 5 or 6, and shall include a person who has been issued with such a document under any such regulation; “premium scheme” means the aid scheme referred to in Article 4b of Council Regulation 805/68; “producer” has the same meaning as in Article 4a of Council Regulation 805/68; “relevant date” means, in relation to an applicant, the date on which his application for Community premium in respect of a given scheme year is lodged with the appropriate Minister; “retention period” means the period for which an animal has to be retained on an applicant’s holding if it is to qualify for Community premium and which is referred to in the first paragraph of Article 4 of Commission Regulation 3886/92; “Scheme year” means any calendar year in respect of which Community premium may be paid, and includes any part of a retention period in relation to an application for that premium in respect of a given calendar year (whether or not the starting date for its commencement is set in accordance with regulation 10) which falls within the following calendar year; “second premium” means the premium payable pursuant to the second indent of Article 4b(2)(b) of Council Regulation 805/68; “sell” includes offer or expose for sale or have in possession for sale, and related expressions shall be construed accordingly; “specified animal” means an animal which is over three months old; “specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92; “specified record” means any record which an applicant is required to retain by virtue of regulation 13; “steer” means a castrated animal; “third country” means any country or territory other than Northern Ireland or another member State; “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 livestock or excessive rutting by vehicles. 2 Any reference in these Regulations to– a a numbered regulation is a reference to the regulaton in these Regulations so numbered; and b a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears. 3 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. National administrative documents 3 1 The national administrative document referred to in Article 3 of Commission Regulation 3886/92 shall take the form of a document accompanying each specified animal. 2 A person holding an animal for which no national administrative document has been issued may apply to the appropriate Minister for a national administrative document for that animal. 3 An application for a national administrative document shall be made in such form as the appropriate Minister may reasonably require. 4 Following the receipt of such an application, together with such details about the animal to which that application relates as he may reasonably require, the appropriate Minister shall, subject to paragraph (5), issue to the person who made the application a national administrative document for that animal. 5 Notwithstanding paragraph (4), the appropriate Minister shall not issue a national administrative document for an animal to any person if any requirement of articles 8 to 14 of the Bovine Animals (Records, Identification and Movement) Order 1995 is being contravened in relation to that animal. Sale of specified animals 4 1 No person shall sell a specified animal unless that animal is accompanied by a national administrative document relating to that animal. 2 Notwithstanding paragraph (1), a specified animal need not be accompanied by a national administrative document when it is sold if that animal has been imported into Great Britain during the period of three months preceding the date of such sale– a from another member State, and it is accompanied by an administrative trade document issued by the competent authority in the member State concerned pursuant to paragraph 3 of Article 3 of Commission Regulation 3886/92; or b from any third country, and the person selling the animal concerned produces on demand to an authorised person satisfactory documentary evidence to show that the animal has been imported from a third country within the preceding three months. Death, loss, theft or export of animal 5 1 On the death (howsoever caused), loss, theft, or export from Great Britain of an animal for which a national administrative document has been issued, the person holding the national administrative document relating to that animal shall, within three months of that death, loss, theft or export, surrender that document to the appropriate Minister. 2 Where an animal which has been lost or stolen is restored to the person referred to in paragraph (1) after its national administrative document has been surrendered to the appropriate Minister pursuant to that paragraph, the person concerned may apply to the appropriate Minister for a duplicate of the national administrative document issued for that animal. 3 Following the receipt of such an application, together with such details relating to that animal and such proof as he may reasonably require regarding its loss or theft and subsequent restoration, the appropriate Minister shall issue to the person who made such application a duplicate national administrative document for that animal. Replacement of national administrative documents 6 1 Where a national administrative document issued in respect of an animal has been lost, stolen or destroyed, the person then holding the animal to which that document relates may apply to the appropriate Minister for a duplicate of it. 2 Where an ear-tag identifying an animal for which a national administrative document has been issued is replaced with an ear-tag which has an identifying number different from the number specified on the ear-tag which it replaces, the person then holding that animal may apply to the appropriate Minister for a replacement national administrative document for it. 3 Following the receipt of an application under paragraph (1) or (2), together with such proof as he may reasonably require regarding the loss, theft or destruction of the national administrative document concerned or as the case may be the replacement of the ear-tag in question, the appropriate Minister shall issue to the person who made the application a duplicate or replacement national administrative document, as appropriate. Applications for first premium 7 1 Subject to paragraphs (3) and (4), a producer retaining an animal in the first age bracket on his holding may apply to the appropriate Minister for first premium in respect of that animal in relation to a given calendar year. 2 An application for first premium shall be made in such form as the appropriate Minister may reasonably require. 3 No application for first premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal. 4 No application for first premium shall be made by a producer– a if in the calendar year in relation to which the application is made the total number of– i animals in the first age bracket, and ii bulls, for which he has already applied successfully for first or as the case may be bull premium is equal to or exceeds 90; b if, pursuant to Article 10(2) of Commission Regulation 3887/92, he has been excluded from the premium scheme for the calendar year in question; c in respect of an animal for which first premium has already been paid; d in respect of an animal for which first premium has been applied for but for which payment is outstanding; or e in respect of an animal for which an application for first premium has previously been made, but on which premium has not been paid as a result of the application of the provisions contained in the first paragraph of Article 4b(3) of Council Regulation 805/68. Applications for second premium 8 1 Subject to paragraphs (3) and (4), a producer retaining an animal in the second age bracket on his holding may apply to the appropriate Minister for second premium in respect of that animal in relation to a given calendar year. 2 An application for second premium shall be made in such form as the appropriate Minister may reasonably require. 3 No application for second premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal. 4 No application for second premium shall be made by a producer– a if in the calendar year in relation to which the application is made the total number of animals in the second age bracket for which he has already applied successfully for second premium is equal to or exceeds 90; b if, pursuant to Article 10(2) of Commission Regulation 3887/92, he has been excluded from the premium scheme for the calendar year in question; c in respect of an animal for which second premium has already been paid; d in respect of an animal for which second premium has been applied for but for which payment is outstanding; or e in respect of an animal for which an application for second premium has previously been made, but on which premium has not been paid as a result of the application of the provisions contained in the first paragraph of Article 4b(3) of Council Regulation 805/68. Applications for bull premium 9 1 Subject to paragraphs (3) and (4), a producer retaining a bull on his holding may apply to the appropriate Minister for bull premium in respect of that animal in relation to a given calendar year. 2 An application for bull premium shall be made in such form as the appropriate Minister may reasonably require. 3 No application for bull premium shall be made by a producer unless the animal in respect of which the application is made is accompanied by a national administrative document relating to that animal. 4 No application for bull premium shall be made by a producer– a if in the calendar year in relation to which the application is made the total number of– i animals in the first age bracket, and ii bulls, for which he has already applied successfully for first or as the case may be bull premium is equal to or exceeds 90; b if, pursuant to Article 10(2) of Commission Regulation 3887/92, he has been excluded from the premium scheme for the calendar year in question; c in respect of an animal for which bull or first premium has already been paid; d in respect of an animal for which bull premium has been applied for but for which payment is outstanding; e in respect of an animal for which an application for bull premium has previously been made, but on which premium has not been paid as a result of the application of the provisions contained in the first paragraph of Article 4b(3) of Council Regulation 805/68. Commencement of retention period 10 For the purposes of Article 4 of Commission Regulation 3886/92, an applicant may, when applying for Community premium, set the starting date for the commencement of the retention period for the animals specified in his application in accordance with the second paragraph of that Article. Overgrazing 11 1 Subject to paragraph (2), where in the calendar year preceding any Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of animals which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other beasts likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification. 2 The appropriate Minister may in the caledar year preceding any Scheme year issue a notification under paragraph (1) even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed. 3 Where the appropriate Minister has made a notification under paragraph (1) no Community premium shall be paid in respect of the Scheme year for which it was issued on any number of animals grazed and maintained in that Scheme year on the parcel of land to which the notification relates in excess of the maximum number of animals specified in the notification. 4 Where the appropriate Minister has made a notification under paragraph (1) and is satisfied that– a any condition specified in that notification has been breached; or b more animals than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the Scheme year for which it was issued, he may withhold or recover on demand the whole or any part of the Community premium otherwise payable or as the case may be already paid to the recipient of the notification for the Scheme year to which it relates. Unsuitable supplementary feeding methods 12 1 Where in any Scheme year the applicant uses unsuitable supplementary feeding methods the appropriate Minister may, subject to paragraph (3), reduce or withhold the amount of Community premium otherwise payable to him in respect of that Scheme year in accordance with paragraph (2). 2 Where the applicant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the amount of Community premium otherwise payable to him may be reduced by 10%; where the applicant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the amount of Community premium otherwise payable to him may be reduced by 20%; and where the applicant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the amount of premium otherwise payable to him may be withheld. 3 Nothing in this regulation shall permit the appropriate Minister to penalise an applicant for using unsuitable supplementary feeding methods in a given Scheme year where he has already penalised that applicant in accordance with this regulation for that use by virtue of the fact that it occurred during any part of the previous Scheme year which fell within that given Scheme year. Retention of records 13 1 An applicant shall, in relation to an animal for which he has applied for Community premium, retain for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to that animal. 2 Without prejudice to the generality of paragraph (1), an applicant shall either– a retain for a period of four years from the relevant date the special register referred to in Article 4g(4) of Council Regulation 805/68; or b retain for such period any records which he has kept under– i article 3(1) of the Movement of Animals (Records) Order 1960 and article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 , and ii article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995, provided that the animals for which an application for Community premium has been made are clearly distinguished from the other animals recorded in such records. Powers of authorised persons 14 1 An authorised person may at all reasonable hours and on producing, if so required, some fully authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of– a carrying out any specified control measure; or b ascertaining whether or not an offence under regulation 18(a) or (d) has been or is being committed. 2 An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, land occupied by, or in the posession of– a a person who has applied for a national administrative document; or b an applicant. 3 An authorised person who has entered any land by virtue of paragraph (2)(a) may inspect and count any animals on such land and read the ear-tags of any such animals. 4 An authorised person who has entered any land by virtue of paragraph (2)(b) may– a inspect and verify the total area of land, including forage area, managed by an applicant; b inspect and count any animals on such land and read the ear-tags of any such animals; c carry out any other activity which is a specified control measure; and d inspect that land for the purpose of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it. 5 An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary. 6 An authorised person may– a require a person who has applied for a national administrative document, or any employee, servant or agent of such a person, to produce any bill, account, receipt, voucher or other record relating to an animal for which a national administrative document has been issued or applied for, and to supply such additional information in that person’s possession or under his control relating to such animal as the authorised person may reasonably request; b require an applicant or any employee, servant or agent of an applicant to produce any national administrative document issued in respect of an animal for which Community premium has been applied for or any specified record, and to supply such additional information in that person’s possession or under his control relating to the particular application for Community premium as the authorised person may reasonably request; c require a person who is selling any specified animal to produce or cause to be produced any national administrative document or any other document referred to in regulation 4(2) relating to that animal; d inspect any national administrative document or other document referred to in sub-paragraph (b) or (c) of this paragraph and any specified record and, where any specified record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that specified record; e require that copies of, or extracts from, any national administrative document, other document referred to in regulation 4(2) or specified record be produced; and f seize and retain any specified record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away. Assistance to authorised persons 15 A person who has applied for a national administrative document, an applicant or any employee, servant or agent of such person or applicant shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 14; and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested by the authorised person. Recovery of Community premium and additional amounts 16 Where an applicant, or an employee, servant or agent of an applicant, intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from carrying out a specified control measure, or fails without reasonable excuse to comply with a request made by an authorised person when carrying out a specified control measure, the appropriate Minister shall be entitled to recover on demand from that applicant the whole or any part of any Community premium paid to him and any additional amounts paid to him together with such premium. Rate of interest 17 Except where the appropriate Minister recovers from any applicant any Community premium or part of any such premium, or any additional amounts or part of any additional amounts, paid to that applicant as a result of an error of that Minister, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day-to-day basis for the period specified in that Article. Offences 18 It shall be an offence for a person– a without reasonable excuse, to fail to comply with the provisions of regulation 4, 5(1) or 13; b intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 14; c without reasonable excuse, to faily to comply with a request made under regulation 15; or d knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished– i in purported compliance with any requirement imposed under regulation 14(6), ii for the purpose of obtaining a national administrative document or a duplicate or replacement of same, or iii for the purposes of obtaining for himself or any other person the whole or any part of any Community premium. Punishment of offences 19 1 A person guilty of an offence under regulation 18(a) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 2 A person guilty of an offence under regulation 18(b), (c) or (d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Time limit for prosecutions 20 1 Proceedings for an offence under regulation 18 may, subject to paragraph (2), be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant those proceedings comes to his knowledge. 2 No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence. 3 For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings concerned came to his knowledge shall be conclusive evidence of that fact. 4 A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved. 5 In relation to proceedings in Scotland, subsection (3) of section 136 of the Criminal Procedure (Scotland) Act 1995 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section. Offences by bodies corporate 21 1 Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of– a any director, manager, secretary or other similar officer of the body corporate; or b any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly. 2 For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate. 3 Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly. Revocations 22 The Beef Special Premium Regulations 1993 , the Beef Special Premium (Amendment) Regulations 1994 and the Beef Special Premium (Amendment) Regula tions 1995 are revoked. Tony Baldry Minister of State, Ministry of Agriculture, Fisheries and Food 20th December 1996 Lindsay Parliamentary Under Secretary of State, Scottish Office 20th December 1996