The Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014

Title, application and commencement

1.—(1) The title of these Regulations is the Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 4 August 2014.

Interpretation

2.—(1) In these Regulations—

“arable crops” (“cnydau âr”) means cereals, linseeds, oilseed, root crops, fruit crops or protein crops, including vining peas;

“provisional payment region classification” (“dosbarthiad rhanbarthau talu dros dro”) means a determination of a reference parcel as part of a payment region by the Welsh Ministers pursuant to regulation 3 and “reference parcel” (“parsel cyfeirio”) has the same meaning as in Article 2(25) of the Commission Regulation;

“the Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Delegated Regulation (EU) No 640/2014 of 11 March 2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system and conditions for refusal or withdrawal of payments and administrative penalties applicable to direct payments, rural development support and cross compliance(1);

“the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy(2).

(2) Any reference in these Regulations to an EU instrument is a reference to that instrument as amended from time to time.

Regions

3.—(1) For the purposes of Article 23 of the Council Regulation, there are three payment regions in Wales, which are—

(a) moorland;

(b) the severely disadvantaged area;

(c) all other land.

(2) For these purposes—

“moorland” (“rhostir”) means any land which—

(a)

is classified by the Welsh Ministers as moorland on the Wales 1992 Moorland Map deposited at the offices of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ, and

(b)

has an altitude of 400 metres or above, and

(c)

has predominantly semi-natural upland vegetation, or comprising predominantly rock outcrops and semi-natural upland vegetation, used primarily for rough grazing, and

(d)

does not have more than 40% of those improved agricultural species listed in the Schedule, and

(e)

arable crops are not being grown upon;

“the severely disadvantaged area” (“yr ardal dan anfantais ddifrifol”) means land which—

(a)

is inherently suitable for extensive livestock production but, not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land whose agricultural production is restricted in its range by, or by a combination of soil, relief, aspect or climate, and

(b)

is marked as severely disadvantaged area on the Payment Region Classification Map of Wales 2014 deposited at the offices of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ;

“all other land” (“pob tir arall”) means all other land which does not fall within the definition of moorland or the severely disadvantaged area and marked as such on the Payment Regions Classification Map of Wales 2014 deposited at the offices of the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(3) Regulation 3 of the Agricultural Subsidies and Grants Schemes (Appeals) (Wales) Regulations 2006(3) (provision of appeals procedure) applies to a provisional payment region classification as if it was a relevant determination.

Rebecca Evans

Deputy Minister for Agriculture and Fisheries under authority of the Minister for Economy, Science and Transport, one of the Welsh Ministers

11 July 2014