Agriculture Act 2020

PART 1 Financial support after EU exit

Direct payments after EU exit: interpretation

1 (1) This paragraph defines or explains expressions used in this paragraph and paragraphs 2 and 3.

(2) The “basic payment scheme” is the Basic Payment Scheme under the Direct Payments Regulation (see Title III of that Regulation), as it operates in relation to Wales, including the arrangements relating to each of the following elements of direct payments under that scheme—

(a) so much of a direct payment that does not consist of a redistributive, greening or young farmers payment (see Chapter 1 of Title III),

(b) a redistributive payment (see Chapter 2 of Title III),

(c) a greening payment (see Chapter 3 of Title III), and

(d) a young farmers payment (see article 50 of that Regulation).

(3) The “legislation governing the basic payment scheme” is—

(a) the following retained direct EU legislation—

(i) the Direct Payments Regulation;

(ii) any Council Delegated Regulation, or Commission Delegated Regulation, made under the Direct Payments Regulation;

(iii) any other retained direct EU legislation which relates to the operation of the basic payment scheme, and

(b) any subordinate legislation relating to retained direct EU legislation falling within paragraph (a).

(4) References to a direct payment under the basic payment scheme are to any payment under that scheme, whether or not including a redistributive payment, a greening payment, a young farmers payment or any two or more of those elements.

(5) The “Direct Payments Regulation” is Regulation (EU) 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.

Power to modify legislation governing the basic payment scheme

2 (1) The Welsh Ministers may by regulations modify legislation governing the basic payment scheme, so far as it operates in relation to Wales, for or in connection with making changes the Welsh Ministers consider would serve any one or more of the following purposes—

(a) simplifying the administration of the scheme or otherwise making its operation more efficient or effective;

(b) removing provisions which are spent or of no practical utility;

(c) removing or reducing burdens, or the overall burdens, on persons applying for, or entitled to, direct payments under the scheme or otherwise improving the way that the scheme operates in relation to them;

(d) securing that any sanction or penalty imposed under the scheme is appropriate and proportionate;

(e) limiting the application of the scheme to land in Wales only.

(2) The provision which may be made under sub-paragraph (1) includes provision made for or in connection with terminating greening payments in relation to Wales so long as that provision does not reduce the amount of a direct payment to which a person would have been entitled had the provision not been made.

(3) In this paragraph, “burden” includes—

(a) a financial cost;

(b) an administrative inconvenience;

(c) an obstacle to efficiency, productivity or profitability.

(4) Regulations under this paragraph are subject to negative resolution procedure (unless section 50(5) applies).

Power to provide for the continuation of the basic payment scheme beyond 2020

3 (1) The Welsh Ministers may by regulations modify legislation governing the basic payment scheme to make provision for or in connection with securing that the basic payment scheme continues to operate in relation to Wales for one or more years beyond 2020.

(2) The power conferred by sub-paragraph (1) includes power to provide for the direct payments ceiling for Wales for any relevant year to be determined, in a specified manner, by the Welsh Ministers.

(3) Provision made by virtue of sub-paragraph (2)—

(a) must require a determination in respect of a relevant year to be published as soon as practicable after it has been made, and

(b) may confer functions on any person in connection with, or with the making of, a determination in respect of a relevant year.

(4) In this paragraph—

• “the direct payments ceiling for Wales” is the national ceiling of the kind referred to in Article 6 of the Direct Payments Regulation that is applicable in relation to Wales for any relevant year;

• “relevant year” means a year in respect of which direct payments under the basic payment scheme fall, as a result of provision made under sub-paragraph (1), to be made in relation to Wales;

• “specified” means specified in regulations under this paragraph.

(5) Nothing in this paragraph affects any power under this Part or any other enactment to amend or revoke provisions of the legislation governing the basic payment scheme for any year or years beyond 2020.

(6) Regulations under this paragraph are subject to affirmative resolution procedure.

Other financial support: modification in relation to Wales of general provision connected with payments to farmers and other beneficiaries

4 (1) The Welsh Ministers may by regulations modify the following legislation so far as it operates in relation to Wales—

(a) retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy, and

(b) subordinate legislation relating to that legislation.

(2) Regulations under this paragraph may only be made for or in connection with making changes that the Welsh Ministers consider would serve any one or more of the following purposes—

(a) securing that any provision of legislation referred to in sub-paragraph (1) ceases to have effect;

(b) simplifying the operation of any provision of such legislation, or making its operation more efficient or effective;

(c) removing or reducing burdens, or the overall burdens, imposed by such legislation on persons applying for, or in receipt of, payments governed by the legislation, or otherwise improving the way that the legislation operates in relation to such persons;

(d) securing that any sanction or penalty imposed by such legislation is appropriate and proportionate.

(3) In this paragraph—

• “burden” includes—

  (a)

  a financial cost;

  (b)

  an administrative inconvenience;

  (c)

  an obstacle to efficiency, productivity or profitability;

• “retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy” includes—

  (a)

  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy;

  (b)

  retained direct EU legislation made under that Regulation;

  (c)

  the legacy regulations.

(4) In sub-paragraph (3), the “legacy regulations” means retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy that preceded Regulation (EU) No 1306/2013 and includes—

(a) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy;

(b) Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures;

(c) Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures.

(5) Regulations under this paragraph are subject to negative resolution procedure (unless section 50(5) applies).

Apiculture

5 (1) The Welsh Ministers may by regulations modify any of the following legislation so far as it has effect in relation to Wales—

(a) retained direct EU legislation relating to apiculture, and

(b) subordinate legislation relating to that legislation.

(2) In this paragraph “retained direct EU legislation relating to apiculture” includes in particular—

(a) Articles 55 to 57 of the CMO Regulation, and

(b) retained direct EU legislation made under that legislation.

(3) Regulations under this paragraph are subject to negative resolution procedure (unless section 50(5) applies).

Support for rural development: modification of legislation in relation to Wales

6 (1) The Welsh Ministers may by regulations modify any of the following legislation so far as it has effect in relation to Wales—

(a) retained direct EU legislation relating to support for rural development, and

(b) subordinate legislation relating to that legislation.

(2) In this paragraph “retained direct EU legislation relating to support for rural development” includes in particular—

(a) Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development,

(b) Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development,

(c) Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development,

(d) so far as it relates to support for rural development, Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc,

(e) Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development,

(f) Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture,

(g) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, and

(h) retained direct EU legislation made under the retained direct EU legislation in paragraphs (a) to (g).

(3) Regulations under this paragraph are subject to affirmative resolution procedure.