The Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014
2014No. 3223 (W. 328)
AGRICULTURE, WALES
The Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014
8December2014
10December2014
1January2015
The Welsh Ministers are designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) 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 any reference in these Regulations to EU instruments to be construed as a reference 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.
PART 1
INTRODUCTION
Title, application and commencement
1. (1) The title of these Regulations is the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014.
(2) These Regulations apply in relation to Wales.
(3) These Regulations come into force on 1st January 2015.
Interpretation
2. (1) In these Regulations-
"the Direct Payments Delegated Regulation" ("y Rheoliad Dirprwyedig Taliadau Uniongyrchol") means Commission Delegated Regulation (EU) No. 639/2014 supplementing the Direct Payments Regulation( 3);
"the Direct Payments Implementing Regulation" ("y Rheoliad Gweithredu Taliadau Uniongyrchol") means Commission Implementing Regulation (EU) No. 641/2014 laying down rules for the application of the Direct Payments Regulation( 4);
"the Direct Payments Regulation" ("y Rheoliad Taliadau Uniongyrchol") means Regulation (EU) No. 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy( 5);
"the European Regulations" ("y Rheoliadau Ewropeaidd") means-
(a) the Direct Payments Regulation;(b) the Direct Payments Delegated Regulation;(c) the Direct Payments Implementing Regulation;(d) the Horizontal Regulation;(e) the Horizontal Delegated Regulation;(f) the Horizontal Finance Implementing Regulation;(g) the Horizontal Implementing Regulation;(h) the Rural Development Regulation;(i) the Rural Development Delegated Regulation; and(j) the Rural Development Implementing Regulation.;"the Horizontal Delegated Regulation" ("y Rheoliad Dirprwyedig Llorweddol") means Commission Delegated Regulation (EU) No. 640/2014 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( 6);
"the Horizontal Finance Implementing Regulation" ("y Rheoliad Gweithredu Cyllid Llorweddol") means Commission Implementing Regulation (EU) No. 908/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy( 7);
"the Horizontal Implementing Regulation" ("y Rheoliad Gweithredu Llorweddol") means Commission Implementing Regulation (EU) No. 809/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance( 8);
"the Horizontal Regulation" ("y Rheoliad Llorweddol") means Regulation (EU) No. 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy( 9);
"the Rural Development Regulation" ("y Rheoliad Datblygu Gwledig") means Regulation (EU) No. 1305/2013 of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development( 10);
"the Rural Development Delegated Regulation" ("y Rheoliad Dirprwyedig Datblygu Gwledig") means Commission Delegated Regulation (EU) No. 807/2014 supplementing the Rural Development Regulation( 11);
"the Rural Development Implementing Regulation" ("y Rheoliad Gweithredu Datblygu Gwledig") means Commission Implementing Regulation (EU) No. 808/2014 laying down rules for the application of the Rural Development Regulation( 12);
"Regulation 1698/2005" ("Rheoliad 1698/2005") means Council Regulation (EC) No. 1698/2005on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) etc( 13);
"area-related aid schemes" ("cynlluniau cymorth ar sail arwynebedd") has the meaning given by point (20) of the second sub-paragraph of Article 2(1) of the Horizontal Delegated Regulation;
"authorised person" ("person awdurdodedig") means any person who is authorised by the Welsh Ministers, either generally or specifically, to act in relation to matters arising under these Regulations;
"beneficiary" ("buddiolwr"), unless the context otherwise requires, has the meaning given by sub-paragraph (2) of Article 2(1) of the Horizontal Delegated Regulation except that in Part 3 and Schedule 1 it means a beneficiary to whom Article 91 of the Horizontal Regulation applies;
"direct payments" ("taliadau uniongyrchol") has the meaning given by Article 2(1)(e) of the Horizontal Regulation;
"farmer" ("ffermwr") has the meaning given by Article 4(1)(a) of the Direct Payments Regulation;
"non-compliance" ("methiant i gydymffurfio") has the meaning given by point (2)(b) of the second sub-paragraph of Article 2(1) of the Horizontal Delegated Regulation;
"single application" ("cais sengl") means an application for direct payments in relation to area-related aid schemes.
(2) Other terms used in these Regulations that are also used in any of the European Regulations have the meaning they bear in those Regulations.
(3) Any reference in these Regulations to any of the European Regulations is a reference to those Regulations as amended from time to time.
PART 2
INTEGRATED ADMINISTRATION AND CONTROL SYSTEM AND ENFORCEMENT
Applications
3. (1) For the purposes of Article 13(1) of the Horizontal Implementing Regulation and Article 12 of the Horizontal Delegated Regulation, the final date on which a single application, aid application or payment claim may be submitted to the Welsh Ministers is 15th May or, if 15th May is a Saturday, Sunday, Bank Holiday or other public holiday, the next working day.
(2) In paragraph (1)-
(a) "Bank Holiday" ("Gwyl Banc") means a day specified in paragraph 1 of Schedule 1 to the Banking and Financial Dealings Act 1971( 14);(b) "payment claim" ("hawliad am daliad") means a claim for support under the integrated system as provided by Article 67(2) of the Horizontal Regulation;(c) "working day" ("diwrnod gwaith") means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.Minimum size of agricultural area
4. For the purposes of Article 72(1) of the Horizontal Regulation, the minimum size of an agricultural parcel in respect of which a single application may be made is 0.1 hectare.
Recovery of undue payments
5. (1) Where a beneficiary is liable to repay all or part of a direct payment in accordance with Article 7(1) of the Horizontal Implementing Regulation, the amount of the repayment, together with the interest on that amount calculated in accordance with regulation 6, is recoverable as a debt.
(2) In any legal proceedings brought pursuant to paragraph (1), a certificate of the Welsh Ministers which-
(a) sets out the London interbank offered rate (LIBOR) applicable during a specified period; and(b) includes a statement that the Bank of England or the coordinating body notified the Welsh Ministers of that rate for that period,(c) is evidence of the rate applicable during that period.(3) In this regulation, "the coordinating body" ("corf cydgysylltu") means the coordinating body referred to in Article 7(4) of the Horizontal Regulation.
Interest
6. (1) Interest may be charged in respect of each day of the period referred to in Article 7(2) of the Horizontal Implementing Regulation and for this purpose the rate of interest applicable on any day is one percentage point above the sterling three month London interbank offered rate (LIBOR) on that day.
Powers of entry
7. (1) An authorised person may exercise any of the powers specified in this regulation and regulations 8 and 9 for the purpose of-
(a) enforcing-(i) the European Regulations except Chapters III and IV of Title V of the Horizontal Regulation; or(ii) these Regulations;(b) providing a control report in accordance with Article 54(1) of the Horizontal Regulation;(c) determining whether there has been a non-compliance.(2) An authorised person, on producing, if so required, a duly authenticated document showing that person's authority, may at any reasonable hour enter any land or premises other than premises used wholly or mainly as a private dwelling.
(3) Paragraph (2) does not affect any right of entry conferred by a warrant issued in accordance with paragraph (4).
(4) A justice of the peace may by signed warrant permit an authorised person to enter any land or premises, if necessary by reasonable force, if the justice, sworn on information in writing, is satisfied that-
(a) there are reasonable grounds for an authorised person to enter the land or premises for any purpose mentioned in paragraph (1); and(b) one of the conditions in paragraph (5) is met.(5) The conditions are that-
(a) entry to the land or premises has been refused, or is likely to be refused, and-(i) notice of the intention to apply for a warrant has been served on the occupier, or(ii) no such notice has been served on the occupier because serving such a notice would interfere with the purpose or effectiveness of...To continue reading
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