The Organic Farming (Wales) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, provide for the payment of aid to farmers who undertake to introduce organic farming methods and comply with certain environmental management conditions, pursuant to Article 2(1)(a) and (d) of Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p.85) (“the Agri-environment Regulation").

These Regulations implement certain provisions of Commission Regulation (EC) No. 746/96 (OJ No. L102, 25.4.96, p.19) (“the Commission Regulation"), as amended by Commission Regulation (EC) No. 435/97 (OJ No. L67, 7.3.97, p.2), laying down detailed rules for the application of the Agri-environment Regulation, in particular Article 11(3)(b) (which concerns the extension, during the currency of an undertaking, of the area subject to that undertaking), Article 13 (which provides for transfers from one undertaking to another in certain circumstances) and Article 20 (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations).

The powers which are conferred by these Regulations are exercisable subject to the terms of certain other provisions of the Commission Regulation, in particular Article 10 (which restricts duplication of aid payments), Article 11 (which governs transfers of holdings which are subject to agreements or undertakings under the Agri-environment Regulation), Article 12 (force majeure) and Article 14 (which governs undertakings and procedures).

The Regulations—

(a)  enable the Assembly to make payments of aid, subject to specified conditions, and specify the rate of aid (regulations 3 and 4); E+W

(b)  specify the conditions of eligibility to be satisfied by applicants for aid (regulation 5), certain procedural and formal preconditions for the acceptance of applications for aid (regulations 6 and 9), and certain restrictions on the payment of aid (regulation 7); and permit the Assembly to refuse applications for aid in the event that financial resources available for aid under the Regulations are insufficient (regulation 8); E+W

(c)  provide for variations of undertakings given by applicants for aid and amendments to conversion plans (regulations 10 and 11); E+W

(d)  provide for the payment of aid to a new occupant where there has been a change in the occupation of an organic unit or part of an organic unit due to the death of a beneficiary or otherwise (regulation 12); E+W

(e)  enable certain beneficiaries of aid under the Organic Farming Regulations 1994 (“the 1994 Regulations") to apply to be treated as entitled to aid under these Regulations in lieu of any further entitlement under the 1994 Regulations (regulation 13); E+W

(f)  impose obligations in respect of the keeping of records and confer powers of entry and inspection (regulations 14 and 15); E+W

(g)  provide for the withholding or recovery of aid and the recovery of interest (regulations 16, 17 and 18); E+W

(h)  provide for an offence of making a false statement, and make provision in relation to any such offence committed by a corporation (regulations 19 and 20); E+W

(i)  amend the Land in Care Scheme (Tir Gofal) (Wales) Regulations 1999 to allow the aid under those Regulations to be refused or reduced where payment would otherwise lead to duplication of aid payments (regulation 21); and E+W

(j)  close the scheme established by the 1994 Regulations to further applications (regulation 22). E+W

The UKROFS standards are published by and copies are available from the Office of the Secretary to UKROFS, Room G47, Nobel House, 17 Smith Square, London SW1P 3JR.

Copies of the Moorland Map of Wales 1992 can be inspected during office hours at the offices of the National Assembly for Wales at:

Crown Buildings, Cathays Park, Cardiff, CF10 3NQ	Government Buildings, Penrallt, Caernarfon, LL55 1EP
Government Buildings, Picton Terrace, Carmarthen, Dyfed, SA31 3BT	Government Buildings, Spa Road East, Llandrindod Wells, Powys, LD1 5HA

Copies of the Codes of Good Agricultural Practice for the protection of Soil, Air, Water and Pesticides (referred to inparagraph 10 of Schedule 2) are available free of charge from The National Assembly for Wales, Crown Buildings, Cathays Park, Cardiff CF10 3NQ.