| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/2611 |
| Year | 1999 |
These Regulations may be cited as the Organic Farming (Wales) Regulations 1999, shall apply to Wales and shall come into force on 12th October 1999.(1) In these Regulations, unless the context otherwise requires—a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations; anda numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference occurs.(3) Words and phrases used in the Regulations and not defined in paragraph (1) shall be construed in accordance with Schedule 1.in respect of an organic parcel, to any person who is a beneficiary in respect of that organic parcel; andin respect of an organic unit, to any person who is a beneficiary in respect of an organic parcel comprised in that organic unit;(2) If, following the receipt of an application made in accordance with regulation 9, and such information and evidence as the Assembly reasonably may direct to be supplied, it appears to the Assembly that the applicant satisfies the conditions of eligibility specified in regulation 5 in respect of all, some or any one of the organic parcels that are the subject of that application (“the eligible organic parcels") , the Assembly shall, subject to regulations 6, 7 and 8, accept the application with respect to the eligible organic parcel or parcels and notify the applicant in writing of the acceptance and the date from which aid shall become payable in respect of the eligible organic parcel or parcels.(3) An application may be withdrawn by a notice in writing given by the applicant at any time before the application is accepted by the Assembly.(4) A claim for the payment of aid shall be made at such time as the Assembly may reasonably direct.(5) A payment of aid made by the Assembly to a beneficiary pursuant to these Regulations may be made at any time during the year in respect of which the payment in question is to be made.in the case of the first organic parcel, beginning with the date of acceptance; andin any other case, beginning with the anniversary of the date of acceptance which is the first such anniversary to occur during the conversion period relating to the organic parcel in question; andin respect of an organic unit, three years beginning with the date of acceptance of the first application relating to land comprised in that organic unit.(2) The amount of aid payable under paragraph (1) (a) shall be determined in accordance with Part I of Schedule 1; the amount of aid payable under paragraph (1) (b) shall be determined in accordance with Part II of Schedule 1.the application shall be made in respect of not less than one hectare of land;shall be the owner or tenant of the land which is the subject of his application and in lawful occupation of that land; andshall not be disqualified from eligibility to participate in an agri-environment scheme either by application of a penalty consequent upon Article 20(2) of the Commission Regulation (which requires member States to determine a system of penalties for breaches of undertakings) or by application of Article 20(3) of the Commission Regulation (which requires a person who, intentionally or by reason of gross negligence, makes a false declaration to be excluded from all aid under Council Regulation 2078/92) ;the use of any land in accordance with the proposals contained in the application relating to it shall not be such as to frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or by the European Community; andthe applicant shall give the undertakings mentioned in paragraph (2) in support of his application.before claiming aid in respect of any organic parcel, to furnish to the Assembly a certificate of registration in respect of that organic parcel;to retain a certificate of registration in respect of each organic parcel on which aid has been claimed;to farm the land that is the subject of his application, and such part of the organic unit comprising that land as at any given time is being farmed by organic farming methods, in accordance with the proposals set out in his application and with UKROFS standards and the standards set out in Schedule 2;to ensure that any organic livestock or livestock undergoing conversion which are kept on his organic unit are kept in accordance with UKROFS standards; andwhere at the date of his application the applicant has introduced organic farming on a part of his holding other than the part which is the subject of the application, to ensure that that other part conforms to UKROFS standards and continue with organic farming on that other part of his holding, in accordance with UKROFS standards and standards set out in Schedule 2; andto complete the conversion of each organic parcel no later than the fifth anniversary of the date on which the conversion period in respect of the organic parcel in question begins.it is accompanied by a certificate of registration given by the inspection authority in respect of the first organic parcel; andit contains a declaration by the applicant that the inspection authority has approved a plan relating to the whole of the organic unit comprising the organic parcel to which the application relates.(2) Subject to paragraph (4) below, the Assembly shall not accept an application for aid under these Regulations unless it is made within three months of the date on which a certificate of registration is first issued by the inspection authority in respect of the first organic parcel.(3) The Assembly shall not accept an application from an applicant who occupies his holding as a tenant unless the applicant has satisfied the Assembly that he has notified his immediate landlord in writing of the making of such application.at any time after 1st April 1998 and before 12th October 1999; orat any time between a date which is 3 months before the date of any decision by the Assembly to
