2004 No. 685 (W.73)

AGRICULTURE, WALES

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

Made

Coming into force

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 —

Annotations:

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.

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

John MarekThe Deputy Presiding Officer of the National Assembly

SCHEDULESCHEMES IN RESPECT OF WHICH THE NATIONAL ASSEMBLY FOR WALES MAY ESTABLISH AN APPEALS PROCEDURE

Regulations 2 and 4(1)

Annotations:
Amendments (Textual)
F4

OJ No. L179, 14.7.1999, p.1.

F5

OJ No. L270, 21.10.2003, p.114.

F6

OJ No. L328, 23.12.2000, p.2.

F7

OJ No. L328, 23.12.2000, p.2.

F8

OJ No. L160, 26.6.1999, p.48.

F9

OJ No. L160, 26.6.1999, p.48.

F10

OJ No. L160, 26.6.1999, p.48.

F11

OJ No. L201, 31.7.1990, p.7.

F12

OJ No. L345, 29.12.2001, p.6.

F13

OJ No. L160, 26.6.1999, p.48.

F14

OJ No. L297, 21.11.1996, p.49.

F15

OJ No. L160, 26.6.1999, p.48.

F16

OJ No. L297, 21.11.1996, p.49.

F17

OJ No. L193, 29.7.2000, p.16.

F18

OJ No. L270, 21.10.2003, p.1.

F19

OJ No. L17, 21.1.2000, p.22.

F20

OJ No. L17, 21.1.2000, p.22.

F21

OJ No. L17, 21.1.2000, p.22.

F22

OJ No. L17, 21.1.2000, p.22.

F23

OJ No. L17, 21.1.2000, p.22.

F24

OJ No. L297, 21.11.1996, p.1.

F25

OJ No. L311, 12.12.2000, p.9.

F26

OJ No. L297, 21.11.1996, p.1.

F27

OJ No. L311, 12.12.2000, p.9.

F28

OJ No. L297, 21.11.1996, p.1.

F29

OJ No. L285, 23.10.2002, p.13.

F30

OJ No. L179, 14.7.1999, p.1.

F31

OJ No. L328, 23.12.2000, p.2.

F32

OJ No. L246, 5.11.1971, p.1.

F33

OJ No. L374, 22.12.1999, p.40.

F34

OJ No. L177, 4.8.1972, p.1.

F35

OJ No. L367, 31.12.1985, p.21.

F36

OJ No. L270, 21.10.2003, p.123.

F37

OJ No. L160, 26.6.1999, p.21.

F38

OJ No. L325, 23.12.2000, p.2.

F39

OJ No. L327, 21.12.1999, p.7.

F40

OJ No. L160, 26.6.1999, p.21.

F41

OJ No. L160, 26.6.1999, p.48.

F42

OJ No. L181, 1.7.1992, p.21.

F43

OJ No. L160, 26.6.1999, p.18.

F44

OJ No. L160, 26.6.1999, p.21.

F45

OJ No. L270, 21.10.2003, p.1.

F46

OJ No. L181, 1.7.1992, p.21.

F47

OJ No. L160, 26.6.1999, p.18.

F48

OJ No. L160, 26.6.1999, p.48.

F49

OJ No. L270, 21.10.2003, p.121.

F50

OJ No. L160, 26.6.1999, p.21.

F51

OJ No. L270, 21.10.2003, p.1.

F52

OJ No. L160, 26.6.1999, p.48.

F53

OJ No. L282, 1.11.1975, p.1.

F54

OJ No. L156, 29.6.2000, p.5.

F55

OJ No. L341, 22.12.2001, p.3.

F56

OJ No. L270, 21.10.2003, p.121.

F57

OJ No. L178, 30.6.2001, p.1.

F58

OJ No. L172, 30.9.1966, p.3025 (OJ/SE 1965—66 p.221).

F59

OJ No. L349, 31.12.1994, p.105.

F60

OJ No. L178, 30.6.2001, p.1.

F61

OJ No. L172, 30.9.1966, p.3025 (OJ/SE 1965—66 p.221).

F62

OJ No. L201, 26.7.2001, p.4.

F63

OJ No. L178, 30.6.2001, p.1.

F64

OJ No. L181, 1.7.1992, p.21.

F65

OJ No. L358, 31.12.2002, p.95.

F66

OJ No. L329, 30.12.1995, p.18.

F67

OJ No. L178, 30.6.2001, p.1.

F68

OJ No. L47, 25.2.1993, p.1.

F69

OJ No. L345, 29.12.2001, p.13.

F70

OJ No. L160, 26.6.1999, p.21.

F71

OJ No. L160, 26.6.1999, p.21.

F72

OJ No. L181, 1.7.1992, p.21.

F73

OJ No. L282, 1.11.1975, p.49.

F74

OJ No. L122, 16.5.2003, p.1.

F75

OJ No. L97, 15.4.2003, p.6.

F76

OJ No. L17, 21.1.2000, p.22.

F77

OJ No. L55, 2.3.1968, p.1 (OJ/SE 1968(I) p.26).

F78

OJ No. L122, 16.5.2003, p.1.

F79

OJ No. L297, 21.11.1996, p.1.

F80

OJ No. L311, 12.12, 2000, p.9.

F81

OJ No. L160, 26.6.1999, p.48.

F82

OJ No. L118, 19.5.2000, p.1.

F83

OJ No. L172, 30.9.66, p.3025 (OJ/SE 1965—66 p.221).

F84

OJ No. L201, 26.7.2001, p.4.

F85

OJ No. L246, 5.11.1971, p.1.

F86

OJ No. L349, 31.12.1994, p.105.

F87

OJ No. L282, 1.11.1975, p.1.

F88

OJ No. L156, 29.6.2000, p.5.

F89

OJ No. L282, 1.11.1975, p.77.

F90

OJ No. L122, 16.5.2003, p.1.

F91

OJ No. L318, 20.12.1993, p.18.

F92

OJ No. L298, 25.11.2000, p.5.

F93

OJ No. L358, 31.12.2002, p.95.

F94

OJ No. L20, 27.1.1998, p.16.

F95

OJ No. L341, 22.12.2001, p. 3.

F96

OJ No. L270, 21.10.2003, p.1.

F97

OJ No. L178, 30.6.2001, p.1.

F98

OJ No. L215, 30.7.1992, p.70.

F99

OJ No. L122, 16.5.2003, p.1.

F100

OJ No. L181, 1.7.1992, p.21.

F101

OJ No. L358, 31.12.2002, p.95.

F102

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

F103Regulation (EU) No 1308/2013 establishing a common organisation of the markets in agricultural products (Article 23) as last amended by Regulation (EU) 2016/791

Selective Cull Scheme

(EC) No. 1254/1999F40 on the common organisation of the market in beef and veal (Article 39)

Skimmed Milk Powder for Animal Feed

(EC) No. 1255/1999F41 on the common organisation of the market in milk and milk products (Article 11)

Starch for Prescribed End Users

(EEC) No. 1766/92F42 on the common organisation of the market in cereals (Articles 7 and 8) as last amended by (EC) No.1253/1999 F43

INTERVENTION SCHEMES

Beef

(EC) No. 1254/1999F44 on the common organisation of the market in beef and veal (Title I) as last amended by (EC) No. 1782/2003F45

Cereals

(EEC) No. 1766/92F46 on the common organisation of the market in cereals (Chapter 1 of Title I) as last amended by (EC) No. 1253/1999F47

Dairy

(EC) No. 1255/1999F48 on the common organisation of the market in milk and milk products (Chapter II) as last amended by (EC) No. 1787/2003F49)

PRIVATE STORAGE AID SCHEMES

Beef

(EC) No. 1254/1999F50 on the common organisation of the market in beef and veal as last amended by (EC) No. 1782/2003F51

Dairy

(EC) No. 1255/1999F52 on the common organisation of the market in milk and milk products (Articles 9 and 10(b))

Pigmeat

(EEC) No. 2759/75F53 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/2000F54

Sheepmeat/Goatmeat

(EC) No. 2529/2001F55 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/2003F56

SUGAR, OILS and STARCH

Cane Sugar Refining

(EC) No. 1260/2001F57 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 F58 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. 3290/94F59

Isoglucose Quotas and Production Levies

(EC) No. 1260/2001F60 on the common organisation of the markets in the sugar sector (Title I)

Olive Oil Production Aid

Regulation No. 136/66/EEC F61 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. 1513/2001F62

Production Refund on sugar used in the Chemical Industry

(EC) No. 1260/2001F63 on the common organisation of the markets in the sugar sector (Title I)

Starch Refunds — Cereals

(EEC) No. 1766/92F64 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002F65

Starch Refunds — Rice

(EC) No. 3072/95F66 on the common organisation of the market in rice (Article 7)

Sugar Quotas and Production Levies

(EC) No. 1260/2001F67 on the common organisation of the markets in the sugar sector (Title I)

EXTERNAL TRADE

Bananas

(EEC) No. 404/93F68 on the common organisation of the market in bananas as last amended by (EC) No. 2587/2001F69

Beef and Veal

(EC) No. 1254/1999F70 on the common organisation of the market in beef and veal (Article 1 and Title II)

Beef Import Tariff Quota

(EC) No. 1254/1999F71 on the common organisation of the market in beef and veal (Article 1 and Title II)

Cereals

(EEC) No. 1766/92F72 on the common organisation of the market in cereals (Title II) as last amended by (EC) No. 2377/2002

Eggs

(EEC) No. 2771/75F73 on the common organisation of the market in eggs as last amended by (EC) No. 806/2003F74

Ethyl Alcohol

(EC) No. 670/2003F75 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (Article 4)

Fish

(EC) No. 104/2000F76 on the common organisation of the markets in fishery and aquaculture products (Title V)

Floriculture (live plants and flowers)

(EEC) No. 234/68F77 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. 806/2003F78

Fruit and Vegetables

(EC) No. 2200/96F79 on the common organisation of the market in fruit and vegetables: (Title V) as last amended by (EC) No. 2699/2000F80

Milk/Milk Products

(EC) No. 1255/1999F81 on the common organisation of the market in milk and milk products (Title II) as last amended by (EC) No. 1040/2000F82

Oils/Fats

Regulation No. 136/66/EEC F83 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. 1513/2001F84

Oilseeds/Seeds

(EEC) No. 2358/71F85 on the common organisation of the market in seeds (Articles 4, 5 and 7) as last amended by (EC) No. 3290/94F86

Pigmeat

(EEC) No. 2759/75F87 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/2000F88

Poultrymeat

(EEC) No. 2777/75F89 on the common organisation of the market in poultrymeat as last amended by (EC) No. 806/2003F90

Processed Goods

(EC) No. 3448/93F91 laying down the trader arrangements applicable to certain goods resulting from the processing of agricultural products as last amended by (EC) No. 2580/2000F92

Rice

(EC) No. 3072/95F93 on the common organisation of the market in rice (Title II) as last amended by (EC) No. 192/98F94

Sheepmeat and Goatmeat

(EC) No. 2529/2001F95 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/2003F96

Sugar, Isoglucose and Insulin Syrup

(EC) No. 1260/2001F97 on the common organisation of the markets in the sugar sector (Title II)

Tobacco

(EEC) No. 2075/92F98 on the common organisation of the market in raw tobacco as last amended by (EC) No. 806/2003F99

Whisky refunds

(EEC) No. 1766/92F100 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002F101

Wine

(EC) No. 1493/1999F102 on the common organisation of the market in wine (Title VII)

(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.