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Annex 3: Use of "mountain area" designation and "specific handicap" designation for islands
1. At present, all LFAs in Scotland are designated as 'other less favoured areas' (ie intermediate) under Article 19 of EC Regulation 1257/1999. Article 18 of the same Regulation allows designation as 'mountain areas'. Article 20 can be used to create an island designation. Of the three categories of LFAs available under EC Regulation 1257/1999, it was the Article 19 "intermediate" designations that were particularly criticised by the European Court of Auditors.
The current Article 18 definition of 'mountain areas' 18 is that:-
"Mountain areas shall be those characterised by a considerable limitation of the possibilities for using the land and an appreciable increase in the cost of working it due:
- to the existence, because of altitude, of very difficult climatic conditions, the effect of which is substantially to shorten the growing season,
- at a lower altitude, to the presence over the greater part of the area in question of slopes too steep for the use of machinery or requiring the use of very expensive special equipment, or
- to a combination of these two factors, where the handicap resulting from each taken separately is less acute but the combination of the two gives rise to an equivalent handicap.
Areas north of the 62nd Parallel and certain adjacent areas shall be treated in the same way as mountain areas."
There is scope to negotiate with EC altitude and slope criteria that suit particular countries against a standard model based on altitude greater than 500 m, and slopes greater than 20%. The EC considers each application in the context of the distinctive topographical and geographical conditions. It would probably be necessary to define entire parishes as mountainous, on the basis that at least 50% of the parish met agreed altitude/slope criteria.
The current Article 20 definition of areas with 'specific handicaps' 19 is that:-
"Less-favoured areas may include other areas affected by specific handicaps, in which farming should be continued, where necessary and subject to certain conditions, in order to conserve or improve the environment, maintain the countryside and preserve the tourist potential of the area or in order to protect the coastline."
At present, about ten Member States use this designation for their island areas. Only 10% of a Member State can benefit from this designation. At present, the part of the UK designated under this provision is the Isles of Scilly.
If the EU-wide review of the "intermediate" designation outlined in Annex 2 leads to changes that are unacceptable for Scotland, there may be advantage in seeking EC approval to make use of "mountain" and "island" designations.
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