2004 No. 685 (W.73)
The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004
Made
Coming into force
Title and commencement1
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.
Interpretation2
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.
Application3
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 procedure4
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
SCHEDULESCHEMES IN RESPECT OF WHICH THE NATIONAL ASSEMBLY FOR WALES MAY ESTABLISH AN APPEALS PROCEDURE
OJ No. L179, 14.7.1999, p.1.
OJ No. L270, 21.10.2003, p.114.
OJ No. L328, 23.12.2000, p.2.
OJ No. L328, 23.12.2000, p.2.
OJ No. L160, 26.6.1999, p.48.
OJ No. L160, 26.6.1999, p.48.
OJ No. L160, 26.6.1999, p.48.
OJ No. L201, 31.7.1990, p.7.
OJ No. L345, 29.12.2001, p.6.
OJ No. L160, 26.6.1999, p.48.
OJ No. L297, 21.11.1996, p.49.
OJ No. L160, 26.6.1999, p.48.
OJ No. L297, 21.11.1996, p.49.
OJ No. L193, 29.7.2000, p.16.
OJ No. L270, 21.10.2003, p.1.
OJ No. L17, 21.1.2000, p.22.
OJ No. L17, 21.1.2000, p.22.
OJ No. L17, 21.1.2000, p.22.
OJ No. L17, 21.1.2000, p.22.
OJ No. L17, 21.1.2000, p.22.
OJ No. L297, 21.11.1996, p.1.
OJ No. L311, 12.12.2000, p.9.
OJ No. L297, 21.11.1996, p.1.
OJ No. L311, 12.12.2000, p.9.
OJ No. L297, 21.11.1996, p.1.
OJ No. L285, 23.10.2002, p.13.
OJ No. L179, 14.7.1999, p.1.
OJ No. L328, 23.12.2000, p.2.
OJ No. L246, 5.11.1971, p.1.
OJ No. L374, 22.12.1999, p.40.
OJ No. L177, 4.8.1972, p.1.
OJ No. L367, 31.12.1985, p.21.
OJ No. L270, 21.10.2003, p.123.
OJ No. L160, 26.6.1999, p.21.
OJ No. L325, 23.12.2000, p.2.
OJ No. L327, 21.12.1999, p.7.
OJ No. L160, 26.6.1999, p.48.
OJ No. L270, 21.10.2003, p.121.
OJ No. L160, 26.6.1999, p.21.
OJ No. L160, 26.6.1999, p.48.
OJ No. L181, 1.7.1992, p.21.
OJ No. L160, 26.6.1999, p.18.
OJ No. L160, 26.6.1999, p.21.
OJ No. L270, 21.10.2003, p.1.
OJ No. L181, 1.7.1992, p.21.
OJ No. L160, 26.6.1999, p.18.
OJ No. L160, 26.6.1999, p.48.
OJ No. L270, 21.10.2003, p.121.
OJ No. L160, 26.6.1999, p.21.
OJ No. L270, 21.10.2003, p.1.
OJ No. L160, 26.6.1999, p.48.
OJ No. L282, 1.11.1975, p.1.
OJ No. L156, 29.6.2000, p.5.
OJ No. L341, 22.12.2001, p.3.
OJ No. L270, 21.10.2003, p.121.
OJ No. L178, 30.6.2001, p.1.
OJ No. L172, 30.9.1966, p.3025 (OJ/SE 1965—66 p.221).
OJ No. L349, 31.12.1994, p.105.
OJ No. L178, 30.6.2001, p.1.
OJ No. L172, 30.9.1966, p.3025 (OJ/SE 1965—66 p.221).
OJ No. L201, 26.7.2001, p.4.
OJ No. L178, 30.6.2001, p.1.
OJ No. L181, 1.7.1992, p.21.
OJ No. L358, 31.12.2002, p.95.
OJ No. L329, 30.12.1995, p.18.
OJ No. L178, 30.6.2001, p.1.
OJ No. L47, 25.2.1993, p.1.
OJ No. L345, 29.12.2001, p.13.
OJ No. L160, 26.6.1999, p.21.
OJ No. L160, 26.6.1999, p.21.
OJ No. L181, 1.7.1992, p.21.
OJ No. L282, 1.11.1975, p.49.
OJ No. L122, 16.5.2003, p.1.
OJ No. L97, 15.4.2003, p.6.
OJ No. L17, 21.1.2000, p.22.
OJ No. L55, 2.3.1968, p.1 (OJ/SE 1968(I) p.26).
OJ No. L122, 16.5.2003, p.1.
OJ No. L297, 21.11.1996, p.1.
OJ No. L311, 12.12, 2000, p.9.
OJ No. L160, 26.6.1999, p.48.
OJ No. L118, 19.5.2000, p.1.
OJ No. L172, 30.9.66, p.3025 (OJ/SE 1965—66 p.221).
OJ No. L201, 26.7.2001, p.4.
OJ No. L246, 5.11.1971, p.1.
OJ No. L349, 31.12.1994, p.105.
OJ No. L282, 1.11.1975, p.1.
OJ No. L156, 29.6.2000, p.5.
OJ No. L282, 1.11.1975, p.77.
OJ No. L122, 16.5.2003, p.1.
OJ No. L318, 20.12.1993, p.18.
OJ No. L298, 25.11.2000, p.5.
OJ No. L358, 31.12.2002, p.95.
OJ No. L20, 27.1.1998, p.16.
OJ No. L341, 22.12.2001, p. 3.
OJ No. L270, 21.10.2003, p.1.
OJ No. L178, 30.6.2001, p.1.
OJ No. L215, 30.7.1992, p.70.
OJ No. L122, 16.5.2003, p.1.
OJ No. L181, 1.7.1992, p.21.
OJ No. L358, 31.12.2002, p.95.
OJ No. L179, 14.7.1999, p.1.
Scheme |
Council Regulation establishing the Scheme |
---|---|
GENERAL |
|
Aid for Concentrated Grape Must |
(EC) No. 1493/1999F4 on the common organisation of the market in wine (Article 34) |
Aid for Dehydrated Fodder |
(EC) No. 1786/2003F5 on the common organisation of the market in dried fodder |
Apple Consumption Aid |
(EC) No. 2826/2000F6 on information and promotion actions for agricultural products on the internal market |
Beef Information Programme |
(EC) No. 2826/2000F7 on information and promotion actions for agricultural products on the internal market (Articles 1 and 2) |
Butter for Manufacture |
(EC) No. 1255/1999F8 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. 1255/1999F9 on the common organisation of the market in milk and milk products (Article 13(1)(a)) |
Control of Casein in Cheese Making |
(EC) No. 1255/1999F10on the common organisation of the market in milk and milk products (Article 12) (EEC) No. 2204/90F11 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. 1255/1999F13 on the common organisation of the market in milk and milk products (Article 12) |
Citrus Processing Aid |
(EC) No. 2202/96F14 introducing a Community aid scheme for producers of certain citrus fruits (Article 1) |
Concentrated Butter for Direct Consumption |
(EC) No. 1255/1999F15 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. 2202/96F16 introducing a Community aid scheme for producers of certain citrus fruits (Article 30) |
Fibres Processing Aid |
(EC) No. 1673/2000F17 on the common organisation of the markets in flax and hemp grown for fibre as last amended by (EC) No. 1782/2003F18 |
Fish Carry-Over Aid |
(EC) No. 104/2000F19 on the common organisation of the markets in fishery and aquaculture products (Article 23) |
Fish Flat-Rate Aid |
(EC) No. 104/2000F20 on the common organisation of the markets in fishery and aquaculture products (Article 24) |
Fish Flat-Rate Premium |
(EC) No. 104/2000F21 on the common organisation of the markets in fishery and aquaculture products (Article 24) |
Fish Private Storage Aid |
(EC) No. 104/2000F22 on the common organisation of the markets in fishery and aquaculture products (Article 25) |
Fish Withdrawals Compensation |
(EC) No. 104/2000F23 on the common organisation of the markets in fishery and aquaculture products (Article 21) |
Fresh Fruit and Vegetables Withdrawals |
(EC) No. 2200/96F24 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. 2200/96F26 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. 2200/96F28 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. 1493/1999F30 on the common organisation of the market in wine (Article 35) as last amended by (EC) No. 2826/2000F31 |
Herbage Seed Production Aid |
(EEC) No. 2358/71F32 of the Council on the common organisation of the market in seeds (Article 1) as last amended by (EEC) No. 3695/92F33 (EEC) No. 1674/72F34 of the Council laying down general rules for granting and financing aid for seed: (Article 1) as last amended by (EEC) No. 3795/85F35 |
Milk Quotas Scheme |
(EC) No. 1788/2003F36 establishing a levy in the milk and milk products sector |
Over Thirty Month Scheme |
(EC) No. 1254/1999F37 on the common organisation of the market in beef and veal (Article 39) |
Promotions to Internal Market |
(EC) No. 2826/2000F38 on information and promotion actions for agricultural products on the internal market (Article 1) |
Promotions to Third Countries |
(EC) No. 2702/1999F39 on measures to provide information on, and to promote, agricultural products in third countries |
School Milk Scheme |
(EC) No. 1255/1999F40 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. 1254/1999F42 on the common organisation of the market in beef and veal (Article 39) |
Skimmed Milk Powder for Animal Feed |
(EC) No. 1255/1999F43 on the common organisation of the market in milk and milk products (Article 11) |
Starch for Prescribed End Users |
(EEC) No. 1766/92F44 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. 1254/1999F46 on the common organisation of the market in beef and veal (Title I) as last amended by (EC) No. 1782/2003F47 |
Cereals |
(EEC) No. 1766/92F48 on the common organisation of the market in cereals (Chapter 1 of Title I) as last amended by (EC) No. 1253/1999F49 |
Dairy |
(EC) No. 1255/1999F50 on the common organisation of the market in milk and milk products (Chapter II) as last amended by (EC) No. 1787/2003F51) |
PRIVATE STORAGE AID SCHEMES |
|
Beef |
(EC) No. 1254/1999F52 on the common organisation of the market in beef and veal as last amended by (EC) No. 1782/2003F53 |
Dairy |
(EC) No. 1255/1999F54 on the common organisation of the market in milk and milk products (Articles 9 and 10(b)) |
Pigmeat |
(EEC) No. 2759/75F55 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/2000F56 |
Sheepmeat/Goatmeat |
(EC) No. 2529/2001F57 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/2003F58 |
SUGAR, OILS and STARCH |
|
Cane Sugar Refining |
(EC) No. 1260/2001F59 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. 3290/94F61 |
Isoglucose Quotas and Production Levies |
(EC) No. 1260/2001F62 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. 1513/2001F64 |
Production Refund on sugar used in the Chemical Industry |
(EC) No. 1260/2001F65 on the common organisation of the markets in the sugar sector (Title I) |
Starch Refunds — Cereals |
(EEC) No. 1766/92F66 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002F67 |
Starch Refunds — Rice |
(EC) No. 3072/95F68 on the common organisation of the market in rice (Article 7) |
Sugar Quotas and Production Levies |
(EC) No. 1260/2001F69 on the common organisation of the markets in the sugar sector (Title I) |
EXTERNAL TRADE |
|
Bananas |
(EEC) No. 404/93F70 on the common organisation of the market in bananas as last amended by (EC) No. 2587/2001F71 |
Beef and Veal |
(EC) No. 1254/1999F72 on the common organisation of the market in beef and veal (Article 1 and Title II) |
Beef Import Tariff Quota |
(EC) No. 1254/1999F73 on the common organisation of the market in beef and veal (Article 1 and Title II) |
Cereals |
(EEC) No. 1766/92F74 on the common organisation of the market in cereals (Title II) as last amended by (EC) No. 2377/2002 |
Eggs |
(EEC) No. 2771/75F75 on the common organisation of the market in eggs as last amended by (EC) No. 806/2003F76 |
Ethyl Alcohol |
(EC) No. 670/2003F77 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (Article 4) |
Fish |
(EC) No. 104/2000F78 on the common organisation of the markets in fishery and aquaculture products (Title V) |
Floriculture (live plants and flowers) |
(EEC) No. 234/68F79 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. 806/2003F80 |
Fruit and Vegetables |
(EC) No. 2200/96F81 on the common organisation of the market in fruit and vegetables: (Title V) as last amended by (EC) No. 2699/2000F82 |
Milk/Milk Products |
(EC) No. 1255/1999F83 on the common organisation of the market in milk and milk products (Title II) as last amended by (EC) No. 1040/2000F84 |
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. 1513/2001F86 |
Oilseeds/Seeds |
(EEC) No. 2358/71F87 on the common organisation of the market in seeds (Articles 4, 5 and 7) as last amended by (EC) No. 3290/94F88 |
Pigmeat |
(EEC) No. 2759/75F89 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/2000F90 |
Poultrymeat |
(EEC) No. 2777/75F91 on the common organisation of the market in poultrymeat as last amended by (EC) No. 806/2003F92 |
Processed Goods |
(EC) No. 3448/93F93 laying down the trader arrangements applicable to certain goods resulting from the processing of agricultural products as last amended by (EC) No. 2580/2000F94 |
Rice |
(EC) No. 3072/95F95 on the common organisation of the market in rice (Title II) as last amended by (EC) No. 192/98F96 |
Sheepmeat and Goatmeat |
(EC) No. 2529/2001F97 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/2003F98 |
Sugar, Isoglucose and Insulin Syrup |
(EC) No. 1260/2001F99 on the common organisation of the markets in the sugar sector (Title II) |
Tobacco |
(EEC) No. 2075/92F100 on the common organisation of the market in raw tobacco as last amended by (EC) No. 806/2003F101 |
Whisky refunds |
(EEC) No. 1766/92F102 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002F103 |
Wine |
(EC) No. 1493/1999F104 on the common organisation of the market in wine (Title VII) |
By virtue of the European Communities (Designation) (No.3) Order 1999 (S.I. 1999/2788).