The Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2010 (revoked) No. 1892 (W. 185)

Welsh Statutory Instruments

2010 No. 1892 (W.185)

AGRICULTURE, WALES

The Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2010

Made

22 July 2010

Laid before the National Assembly for Wales

23 July 2010

Coming into force

16 August 2010

The Welsh Ministers are designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in that section and it appears to the Welsh Ministers that it is expedient for the references to the EU instruments in these Regulations to be construed as references to those instruments as amended from time to time.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

Marginal Citations

M1 S.I. 2005/2766. By virtue of sections 59 and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006, functions conferred upon the National Assembly for Wales are exercisable by the Welsh Ministers.

M2 1972 c. 68.

Title, application and commencement E+W

1.—(1) The title of these Regulations is the Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2010.

(2) These Regulations apply in relation to Wales, and come into force on 16 August 2010.

Interpretation E+W

2.—(1) In these Regulations—

“the Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Regulation (EC) No 1120/2009 of 29 October 2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009 M3 ; and

“the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers M4 .

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

Marginal Citations

M3 OJ No L 316, 2.12.2009, p. 10.

M4 OJ No L 30, 31.1.2009, p. 16 as last amended by Commission Regulation (EU) No 360/2010 (OJ No L 106, 28.4.2010, p. 1).

Region E+W

3.  Wales is a single region for the purposes of Article 46(2) of the Council Regulation.

Minimum size of holding to establish entitlements E+W

4.  For the purposes of Article 25(4) of the Commission Regulation the minimum size of a holding for which the establishment of payment entitlements may be requested is 0.3 hectares.

Minimum claim E+W

5.  For the purposes of Article 28(1) of the Council Regulation the minimum requirement for a claim is one hectare for farmers who do not hold special entitlements in accordance with that Article, and 100 for farmers who hold special entitlements.

Date on which eligible land must be at the farmer's disposal E+W

6.  In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 35(1) of the Council Regulation, the date on which those parcels must be at the farmer's disposal is the 15 May of that year.

Voluntary modulation E+W

7.  The rates in the third column of the Schedule are the voluntary modulation referred to in Article 1 of Council Regulation (EC) No 378/2007 of 27 March 2007 laying down rules for voluntary modulation of direct payments M5 .

Marginal Citations

M5 OJ No L95, 5.4.2007, p. 1 as last amended by Council Regulation (EC) No 73/2009 (OJ No L 30, 31.1.2009, p. 16).

Short rotation coppice E+W

8.  For the purposes of Article 2(n) of the Commission Regulation—

(a) the list of tree species is—

• Alder (Alnus spp.);

• Birch (Betula spp.);

• Hazel (Corylus avellana);

• Ash (Fraxinus excelsior);

• Lime (Tilia cordata);

• Sweet chestnut (Castanea sativa);

• Sycamore (Acer pseudoplatanus);

• Willow (Salix spp.);

• Poplar (Populus spp.);

• Hornbeam (Carpinus spp.); and

(b) the maximum harvest cycle is 20 years.

Payment entitlements E+W

9.  Pursuant to the third sub-paragraph of Article 43(1) of the Council Regulation, payment entitlements under the single payment scheme attributable to and established in Wales, may only be used or transferred within Wales.

Revocation E+W

10.  The following Regulations are revoked—

(a) The Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2005 M6 ;

(b) The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2006 M7 ;

(c) The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2008 M8 ;

(d) The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2009 M9 ;

(e) The Common Agricultural Policy Single Payment Scheme (Set-aside) (Wales) Regulations 2005 M10 ;

(f) The Common Agricultural Policy Single Payment Scheme (Set-aside) (Wales) (Amendment) Regulations 2006 M11 .

Marginal Citations

M6 S.I. 2005/360 (W. 29).

M7 S.I. 2006/357 (W. 45).

M8 S.I. 2008/2500 (W. 218).

M9 S.I. 2009/3129 (W. 272).

M10 S.I. 2005/45 (W. 4).

M11 S.I. 2006/3101 (W. 285).

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

22 July 2010

Regulation 7

SCHEDULE E+W Voluntary modulation rates

For amounts up to and including 5,000:

Year	EU compulsory modulation	Voluntary modulation	Total modulation
2009	0%	4.2%	4.2%
2010	0%	5.8%	5.8%
2011	0%	6.5%	6.5%
2012	0%	6.5%	6.5%

For amounts over 5,000 and up to and including 300,000:

Year	EU compulsory rates of modulation provided for in Article 7 of the Council Regulation	Voluntary modulation	Total modulation
2009	7%	2.2%	9.2%
2010	8%	2.8%	10.8%
2011	9%	2.5%	11.5%
2012	10%	1.5%	11.5%

For amounts over 300,000:

Year	EU compulsory rates of modulation provided for in Article 7 of the Council Regulation	Voluntary modulation	Total modulation
2009	11%	0%	11%
2010	12%	0%	12%
2011	13%	0%	13%
2012	14%	0%	14%

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision, in relation to Wales, for the administration of Council Regulation (EC) No 73/2009 (OJ No L 30, 31.1.2009, p. 16), and other associated EU (European Union) instruments, in relation to direct support schemes under the Common Agricultural Policy.

They continue the arrangements which applied under the CommonAgricultural Policy Single Payment and Support Schemes (Wales) Regulations 2005, S.I. 2005/360 (W. 29) as amended.

Regulation 3 provides that Wales is a single region for the purposes of the direct support schemes.

Regulation 4 specifies the minimum size of a holding in respect of which the establishment of entitlements may be requested.

Regulation 5 sets the minimum area in respect of which a claim may be made and in some cases the minimum claim value.

Regulation 6 fixes the date on which parcels used as the basis for a claim under the Single Payment Scheme must be at the disposal of farmers.

Regulation 7 specifies the total voluntary modulation deductions which will be made from direct payments payable to farmers.

Regulation 8 designates the short rotation coppice tree species eligible under the single payment scheme and sets the maximum harvest cycle.

Regulation 9 provides that payment entitlements established in Wales are only used and transferred within Wales.

Regulation 10 revokes the Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2005, S.I. 2005/360 (W. 29) and its amendments, and the Common Agricultural Policy Single Payment Scheme (Set-aside) (Wales) Regulations 2005, S.I. 2005/45 (W. 4) and its amendments.

A Regulatory Impact Assessment has not been prepared as the provisions covered by these Regulations either continue the existing arrangements or, in the case of the new provision on short rotation coppice, will have a negligible additional cost to business.