The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020

PART 4 Direct Payments: Domestic Legislation

Amendment of the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014

10.—(1) The Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014(1) are amended, insofar as they relate to direct payments, as follows.

(2) In regulation 2, omit paragraph (1A).

(3) In regulation 5—

(a) for paragraph (2)(b) substitute—

“(b) includes a statement by the Welsh Ministers of the rate for that period;”;

(b) omit paragraph (3).

(4) In Schedule 1, after paragraph 15 insert—

“Converting, ploughing or reseeding land designated as environmentally sensitive permanent grassland

16.— (1) A beneficiary may only convert, plough or reseed certain areas of environmentally sensitive permanent grassland if—

(a) the site of special scientific interest notification requires or allows the beneficiary to plough or convert certain areas of the site of special scientific interest; or

(b) consent to do so has been provided by Natural Resources Wales.

(2) In this paragraph—

“environmentally sensitive permanent grassland” (“glaswelltir parhaol amgylcheddol-sensitif”) means—

(a)

grassland located in a site of special scientific interest; and

(b)

grassland in relation to which written consent to plough is required in accordance with section 28E(1) of the Wildlife and Countryside Act 1981(2) but such consent has not been obtained;

“site of special scientific interest” (“safle o ddiddordeb gwyddonol arbennig”) has the meaning given in section 52(1) of the Wildlife and Countryside Act 1981.”

Amendment of the Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

11.—(1) The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014(3)are amended, insofar as they relate to direct payments, as follows.

(2) In regulation 2 (interpretation), in the definition of “competent authority”, omit “, except as otherwise provided by regulation 3,”.

(3) In regulation 3 (competent authority)—

(a) omit paragraphs (2) to (3A);

(b) for paragraph (4) substitute—

“(4) In this regulation, “holding” has the meaning given by Article 4(1)(b) of the Direct Payments Regulation.”

Amendment of the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015

12.—(1) The Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015(4) are amended, insofar as they relate to direct payments, as follows.

(2) In regulation 3—

(a) the existing provision is renumbered as paragraph (1);

(b) at the beginning of renumbered paragraph (1), insert “Subject to paragraph (2),”;

(c) after renumbered paragraph (1) insert—

“(2) Direct payments may be granted to a farmer where the eligible area of the holding referred to in paragraph (1) is less than 5 hectares if in 2020 direct payments were claimed by or due to be granted to that farmer—

(a) before the application of Article 63 of Regulation (EU) No 1306/2013; and

(b) in respect of such a holding (as defined for the 2020 claim year)—

(i) situated in Wales and at least one other territory;

(ii) where the eligible area situated in Wales of that holding was less than 5 hectares; and

(iii) for which a payment was claimed or due to be granted in respect of the eligible area situated in Wales.”

(3) Omit regulation 9.

(4) In regulation 10—

(a) in paragraph (1), omit “Article 24 or”;

(b) omit paragraphs (3) and (4).

(5) In regulation 11(3), for “30 April” substitute “15 May”.

(6) Omit regulations 14 to 16, and 19.

(1)

S.I. 2014/3223 (W. 328), amended by S.I. 2016/217 (W. 86), S.I. 2016/1154, S.I. 2017/565 (W. 134), S.I. 2019/688 (W. 132) as from implementation period completion day, and S.I. 2020/104 (W. 17).

(2)

1981 c. 69.

(3)

S.I. 2014/3263, amended by S.I. 2015/1325. There are other amending instruments but none are relevant.

(4)

S.I. 2015/1252 (W. 84), amended by S.I. 2016/217 (W. 86), S.I. 2019/688 (W. 132) as from implementation period completion day, and S.I. 2020/104 (W. 17).