The Common Agricultural Policy (Amendment) (No. 2) (Wales) Regulations 2016

JurisdictionUK Non-devolved
CitationSI 2016/217

2016 No. 217 (W. 86)

Agriculture, Wales

The Common Agricultural Policy (Amendment) (No. 2) (Wales) Regulations 2016

Made 23th February 2016

Laid before the National Assembly for Wales 25th February 2016

Coming into force 18th March 2016

The Welsh Ministers are designated1for the purposes of section 2(2) of the European Communities Act 19722in 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.

S-1 Title, application and commencement

Title, application and commencement

1.—(1) The title of these Regulations is the Common Agricultural Policy (Amendment) (No. 2) (Wales) Regulations 2016.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 18 March 2016.

S-2 Amendment to the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015

Amendment to the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015

2.—(1) The Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 20153are amended as follows.

(2) In regulation 16(3)(a) after “hedges” insert “and wooded strips”.

(3) Regulation 17 is revoked.

(4) After regulation 16 insert—

S-18

National reserve

18.—(1) The Welsh Ministers will establish a national reserve, in accordance with Article 30(1) of the Direct Payments Regulation.

(2) The Welsh Ministers will use the national reserve, in the following priority order, to—

(a)

(a) allocate payment entitlements to young farmers and to farmers commencing their agricultural activity, in accordance with Article 30(6) of the Direct Payments Regulation;

(b)

(b) allocate payment entitlements to farmers who were prevented from being allocated payment entitlements under the basic payment scheme as a result of force majeure or exceptional circumstances, in accordance with Article 30(7)(c) of the Direct Payments Regulation;

(c)

(c) cover the yearly needs for payments to young farmers, in accordance with Article 30(7)(f) of the Direct Payments Regulation; and

(d)

(d) permanently linearly increase the value of all payment entitlements under the basic payment scheme if the national reserve exceeds 0.5% of the annual national ceiling for the basic payment scheme, in accordance with Article 30(7)(e) of the Direct Payments Regulation.

S-19

Payment for agricultural practices beneficial for the climate and the environment

19.—(1) The Welsh Ministers will grant the payment for agricultural practices beneficial for the climate and the environment as a percentage of the total value of the payment entitlements that the farmer has activated in accordance with article 33(1) of the Direct Payments Regulation for each relevant year, in accordance with the third sub-paragraph of article 43(9) of the Direct Payments Regulation.

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