The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004

E+W

Welsh Statutory Instruments

2004 No. 685 (W.73)

AGRICULTURE, WALES

The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004

Made

9th March 2004

Coming into force

1st April 2004

The National Assembly for Wales being designated F1 for the purposes of section 2(2) of the European Communities Act 1972 F2 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred upon it by that section, hereby makes the following Regulations —

Title and commencementE+W

1.  These Regulations may be cited as the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004 and shall come into force on 1st April 2004.

InterpretationE+W

2.  In these Regulations —

appellant” (“apelydd”) means a person in respect of whom an initial determination has been made by or on behalf of the National Assembly in connection with the administration of any of the Schemes listed in the Schedule to these Regulations and who wishes to have that initial determination reconsidered by or on behalf of the National Assembly;

relevant date” (“dyddiad perthnasol”) means the date on which the initial determination was made; and

the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales.

ApplicationE+W

3.  These Regulations shall apply in relation to appellants whose trading address, or, where there is more than one such address, whose principal trading address, was in Wales at the relevant date.

Provision of appeals procedureE+W

4.—(1) The National Assembly may establish a procedure, to be applied at the request of any appellant, for the further consideration on its behalf of an initial determination made in relation to the appellant in respect of the administration of any of the Schemes listed in the Schedule, such procedure operating by way of appeal from the initial determination.

(2) Any such procedure so established may provide for consideration of the initial determination by such persons (not exceeding three) as the National Assembly may appoint for that purpose, with a view to their making a report of their conclusions in relation to the initial determination and a recommendation as to the manner in which the matter should be finally determined by the National Assembly.

(3) When the National Assembly establishes any such procedure as is mentioned in paragraph (2), it may —

(a)pay to the persons so appointed such reasonable remuneration in respect of their functions under that procedure, and such travelling and other allowances, as it may determine; and

(b)charge any appellant whose appeal is considered under the procedure so established such fee (not exceeding £100) as the National Assembly may determine in respect of the costs incurred by it by virtue of the operation of that procedure in relation to the appeal in question.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F3

John Marek

The Deputy Presiding Officer of the National Assembly

9th March 2004

Regulations 2 and 4(1)

SCHEDULEE+WSCHEMES IN RESPECT OF WHICH THE NATIONAL ASSEMBLY FOR WALES MAY ESTABLISH AN APPEALS PROCEDURE

Scheme Council Regulation establishing the Scheme
GENERAL
Aid for Concentrated Grape Must (EC) No. 1493/1999 F4 on the common organisation of the market in wine (Article 34)
Aid for Dehydrated Fodder (EC) No. 1786/2003 F5 on the common organisation of the market in dried fodder
Apple Consumption Aid (EC) No. 2826/2000 F6 on information and promotion actions for agricultural products on the internal market
Beef Information Programme (EC) No. 2826/2000 F7 on information and promotion actions for agricultural products on the internal market (Articles 1 and 2)
Butter for Manufacture (EC) No. 1255/1999 F8 on the common organisation of the market in milk and milk products (Article 13(1)(c) — (d))
Butter for Non-Profit Making Organisations (EC) No. 1255/1999 F9 on the common organisation of the market in milk and milk products (Article 13(1)(a))
Control of Casein in Cheese Making

(EC) No. 1255/1999 F10on the common organisation of the market in milk and milk products (Article 12)

(EEC) No. 2204/90 F11 laying down additional general rules on the common as last amended by (EC) No.2583/2001 F12 organisation of the market in milk and milk products as regards cheese

Casein Production Subsidy (EC) No. 1255/1999 F13 on the common organisation of the market in milk and milk products (Article 12)
Citrus Processing Aid (EC) No. 2202/96 F14 introducing a Community aid scheme for producers of certain citrus fruits (Article 1)
Concentrated Butter for Direct Consumption (EC) No. 1255/1999 F15 on the common organisation of the market in milk and milk products (Article 13(1)(e))
End Use Control of Certain Fruit and Vegetables (EC) No. 2202/96 F16 introducing a Community aid scheme for producers of certain citrus fruits (Article 30)
Fibres Processing Aid (EC) No. 1673/2000 F17 on the common organisation of the markets in flax and hemp grown for fibre as last amended by (EC) No. 1782/2003 F18
Fish Carry-Over Aid (EC) No. 104/2000 F19 on the common organisation of the markets in fishery and aquaculture products (Article 23)
Fish Flat-Rate Aid (EC) No. 104/2000 F20 on the common organisation of the markets in fishery and aquaculture products (Article 24)
Fish Flat-Rate Premium (EC) No. 104/2000 F21 on the common organisation of the markets in fishery and aquaculture products (Article 24)
Fish Private Storage Aid (EC) No. 104/2000 F22 on the common organisation of the markets in fishery and aquaculture products (Article 25)
Fish Withdrawals Compensation (EC) No. 104/2000 F23 on the common organisation of the markets in fishery and aquaculture products (Article 21)
Fresh Fruit and Vegetables Withdrawals (EC) No. 2200/96 F24 on the common organisation of the market in fruit and 2699/2000 F25 vegetables (Articles 23 and 24) as last amended by (EC) No.
Fruit and Vegetable Operational Programme (EC) No. 2200/96 F26 on the common organisation of the market in fruit No.2699/2000 F27 and vegetables (Articles 15 and 16) as last amended by (EC)
Fruit and Vegetable Producer Organisation Recognition (EC) No. 2200/96 F28 on the common organisation of the market in fruit 1881/2002 F29 and vegetables (Articles 11 — 14) as last amended by (EC) No.
Grape Juice Aid (EC) No. 1493/1999 F30 on the common organisation of the market in wine (Article 35) as last amended by (EC) No. 2826/2000 F31
Herbage Seed Production Aid

(EEC) No. 2358/71 F32 of the Council on the common organisation of the market in seeds (Article 1) as last amended by (EEC) No. 3695/92 F33

(EEC) No. 1674/72 F34 of the Council laying down general rules for granting and financing aid for seed: (Article 1) as last amended by (EEC) No. 3795/85 F35

Milk Quotas Scheme (EC) No. 1788/2003 F36 establishing a levy in the milk and milk products sector
Over Thirty Month Scheme (EC) No. 1254/1999 F37 on the common organisation of the market in beef and veal (Article 39)
Promotions to Internal Market (EC) No. 2826/2000 F38 on information and promotion actions for agricultural products on the internal market (Article 1)
Promotions to Third Countries (EC) No. 2702/1999 F39 on measures to provide information on, and to promote, agricultural products in third countries
School Milk Scheme (EC) No. 1255/1999 F40 on the common organisation of the market in milk and milk products (Article 14) as last amended by (EC) No.1787/2003 F41
Selective Cull Scheme (EC) No. 1254/1999 F42 on the common organisation of the market in beef and veal (Article 39)
Skimmed Milk Powder for Animal Feed (EC) No. 1255/1999 F43 on the common organisation of the market in milk and milk products (Article 11)
Starch for Prescribed End Users (EEC) No. 1766/92 F44 on the common organisation of the market in cereals (Articles 7 and 8) as last amended by (EC) No.1253/1999 F45
INTERVENTION SCHEMES
Beef (EC) No. 1254/1999 F46 on the common organisation of the market in beef and veal (Title I) as last amended by (EC) No. 1782/2003 F47
Cereals (EEC) No. 1766/92 F48 on the common organisation of the market in cereals (Chapter 1 of Title I) as last amended by (EC) No. 1253/1999 F49
Dairy (EC) No. 1255/1999 F50 on the common organisation of the market in milk and milk products (Chapter II) as last amended by (EC) No. 1787/2003 F51)
PRIVATE STORAGE AID SCHEMES
Beef (EC) No. 1254/1999 F52 on the common organisation of the market in beef and veal as last amended by (EC) No. 1782/2003 F53
Dairy (EC) No. 1255/1999 F54 on the common organisation of the market in milk and milk products (Articles 9 and 10(b))
Pigmeat (EEC) No. 2759/75 F55 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/2000 F56
Sheepmeat/Goatmeat (EC) No. 2529/2001 F57 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/2003 F58
SUGAR, OILS and STARCH
Cane Sugar Refining (EC) No. 1260/2001 F59 on the common organisation of the markets in the sugar sector (Articles 35 and 38)
End Use Control of Certain Vegetable Oils Regulation No. 136/66/EEC F60 of the Council on the establishment of a common organisation of the market in oils and fats (Title I) as last amended by (EC) No. 3290/94 F61
Isoglucose Quotas and Production Levies (EC) No. 1260/2001 F62 on the common organisation of the markets in the sugar sector (Title I)
Olive Oil Production Aid Regulation No. 136/66/EEC F63 of the Council on the establishment of a common organisation of the market in oils and fats (Title II) as last amended by (EC) No. 1513/2001 F64
Production Refund on sugar used in the Chemical Industry (EC) No. 1260/2001 F65 on the common organisation of the markets in the sugar sector (Title I)
Starch Refunds — Cereals (EEC) No. 1766/92 F66 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002 F67
Starch Refunds — Rice (EC) No. 3072/95 F68 on the common organisation of the market in rice (Article 7)
Sugar Quotas and Production Levies (EC) No. 1260/2001 F69 on the common organisation of the markets in the sugar sector (Title I)
EXTERNAL TRADE
Bananas (EEC) No. 404/93 F70 on the common organisation of the market in bananas as last amended by (EC) No. 2587/2001 F71
Beef and Veal (EC) No. 1254/1999 F72 on the common organisation of the market in beef and veal (Article 1 and Title II)
Beef Import Tariff Quota (EC) No. 1254/1999 F73 on the common organisation of the market in beef and veal (Article 1 and Title II)
Cereals (EEC) No. 1766/92 F74 on the common organisation of the market in cereals (Title II) as last amended by (EC) No. 2377/2002
Eggs (EEC) No. 2771/75 F75 on the common organisation of the market in eggs as last amended by (EC) No. 806/2003 F76
Ethyl Alcohol (EC) No. 670/2003 F77 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (Article 4)
Fish (EC) No. 104/2000 F78 on the common organisation of the markets in fishery and aquaculture products (Title V)
Floriculture (live plants and flowers) (EEC) No. 234/68 F79 on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage as last amended by (EC) No. 806/2003 F80
Fruit and Vegetables (EC) No. 2200/96 F81 on the common organisation of the market in fruit and vegetables: (Title V) as last amended by (EC) No. 2699/2000 F82
Milk/Milk Products (EC) No. 1255/1999 F83 on the common organisation of the market in milk and milk products (Title II) as last amended by (EC) No. 1040/2000 F84
Oils/Fats Regulation No. 136/66/EEC F85 of the Council on the establishment of a common organisation of the market in oils and fats (Articles 13 to 20, 28 and 29) as last amended by (EC) No. 1513/2001 F86
Oilseeds/Seeds (EEC) No. 2358/71 F87 on the common organisation of the market in seeds (Articles 4, 5 and 7) as last amended by (EC) No. 3290/94 F88
Pigmeat (EEC) No. 2759/75 F89 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/2000 F90
Poultrymeat (EEC) No. 2777/75 F91 on the common organisation of the market in poultrymeat as last amended by (EC) No. 806/2003 F92
Processed Goods (EC) No. 3448/93 F93 laying down the trader arrangements applicable to certain goods resulting from the processing of agricultural products as last amended by (EC) No. 2580/2000 F94
Rice (EC) No. 3072/95 F95 on the common organisation of the market in rice (Title II) as last amended by (EC) No. 192/98 F96
Sheepmeat and Goatmeat (EC) No. 2529/2001 F97 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/2003 F98
Sugar, Isoglucose and Insulin Syrup (EC) No. 1260/2001 F99 on the common organisation of the markets in the sugar sector (Title II)
Tobacco (EEC) No. 2075/92 F100 on the common organisation of the market in raw tobacco as last amended by (EC) No. 806/2003 F101
Whisky refunds (EEC) No. 1766/92 F102 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002 F103
Wine (EC) No. 1493/1999 F104 on the common organisation of the market in wine (Title VII)

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Explanatory Note

(This note is not part of the Regulations)

These Regulations enable the National Assembly for Wales (“the National Assembly”) to establish a procedure for the further consideration of an initial determination made under any of the Common Agricultural Policy (“CAP”) support schemes listed in the Schedule to the Regulations. An appeal system for CAP support schemes administered under the Integrated Administration and Control System (“IACS”) has already been established by the National Assembly under the Agricultural Subsidies (Appeals) (Wales) Regulations 2001 (S.I. 2001 No. 2537 (W.212)).

The procedure will operate by way of appeal from the initial determination made in relation to the appellant in respect of the administration of any of the Schemes listed in the Schedule to these Regulations (regulation 4). The procedure may take the form of consideration by persons appointed by the National Assembly with a view to their making a recommendation to it as to how the matter should be determined.

The Regulations confer power to pay remuneration and allowances to any such persons appointed, and to charge a fee in respect of the costs of the procedure.

A Regulatory Appraisal has been prepared in respect of these Regulations. Copies of this can be obtained from The National Assembly for Wales, Agriculture Department, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ.