
1 

(1) These Regulations may be cited as the Common Agricultural Policy (Direct Payments etc.) (Scotland) Amendment Regulations 2017 and come into force on 15th May 2017.
(2) In these Regulations—
 “area-determined” has the same meaning as in regulation 14(4) of the 2015 Regulations;
 “single application” has the same meaning as in regulation 2(1) of the 2015 Regulations; and
 “the 2015 Regulations” means the Common Agricultural Policy (Direct Payments etc.) (Scotland) Regulations 2015.
2 
The 2015 Regulations are amended in accordance with regulations 3 to 5.
3 
In regulation 14 (windfall profit)—
(a) in paragraph (1), for “any increase” substitute “an above-threshold increase”; and
(b) in paragraph (4), before the definition of “area-determined”, insert—“
 “above-threshold increase” means an increase attributable to the portion of the reduction in the area-determined exceeding 40 per cent;”.
4 
In part 1 of schedule 3 (voluntary coupled support – bovine animals), in paragraph 3 (eligible bovine animal)—
(a) after sub-paragraph (b) omit “and”;
(b) for sub-paragraph (c) substitute—“
(c) which is reared for the production of beef as part of a suckler beef herd; and
(d) in respect of which the following requirements of the Cattle Identification Regulations have been complied with—
(i) regulation 5 and schedule 1 (ear tags);
(ii) regulation 6 and paragraph 2 of schedule 2 (notification of movement);
(iii) regulation 7 and schedule 3 (cattle passports etc.); and
(iv) regulation 8 and schedule 4 (records).”.
5 
In schedule 4 (ineligible breeds – bovine animals), omit the following entries—“
 Blue Albion”;“
 Blue Albion Cross”;“
 Fleckvieh”;“
 Fleckvieh Cross”;“
 Swedish Red Polled”; and“
 Water Buffalo”.
6 
The amendments to regulation 14 of the 2015 Regulations made by regulation 3 have effect only where the Scottish Ministers have not made a final determination of the area-determined in respect of a single application before the day on which these Regulations come into force.
FERGUS EWING
A member of the Scottish Government
St Andrew’s House,
Edinburgh
28th March 2017