2010 No. 1892 (W.185)
The Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2010
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers are 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 Union.
These Regulations make provision for a purpose mentioned in that section and it appears to the Welsh Ministers that it is expedient for the references to the EU instruments in these Regulations to be construed as references 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.
Title, application and commencement1
1
The title of these Regulations is the Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2010.
2
These Regulations apply in relation to Wales, and come into force on 16 August 2010.
Interpretation2
1
In these Regulations—
-
“the Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Regulation (EC) No 1120/2009 of 29 October 2009 laying down detailed rules for the implementation of the single payment scheme provided for in Title III of Council Regulation (EC) No 73/2009F3; and
-
“the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers F4.
2
Any reference in these Regulations to an EU instrument is a reference to that instrument as amended from time to time.
Region3
Wales is a single region for the purposes of Article 46(2) of the Council Regulation.
Minimum size of holding to establish entitlements4
For the purposes of Article 25(4) of the Commission Regulation the minimum size of a holding for which the establishment of payment entitlements may be requested is 0.3 hectares.
Minimum claim5
For the purposes of Article 28(1) of the Council Regulation the minimum requirement for a claim is one hectare for farmers who do not hold special entitlements in accordance with that Article, and 100 for farmers who hold special entitlements.
Date on which eligible land must be at the farmer's disposal6
In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 35(1) of the Council Regulation, the date on which those parcels must be at the farmer's disposal is the 15 May of that year.
Voluntary modulationF117
The rates in the third column of the Schedule are the voluntary modulation referred to in Article 1 of Council Regulation (EC) No 378/2007 laying down rules for voluntary modulation of direct payments provided for in Regulation (EC) No 1782/2003 for the period 2009 to 2012 and the voluntary adjustment referred to in Article 10b of Council Regulation (EC) No 73/2009 for 2013.
Short rotation coppice8
For the purposes of Article 2(n) of the Commission Regulation—
a
the list of tree species is—
-
Alder (Alnus spp.);
-
Birch (Betula spp.);
-
Hazel (Corylus avellana);
-
Ash (Fraxinus excelsior);
-
Lime (Tilia cordata);
-
Sweet chestnut (Castanea sativa);
-
Sycamore (Acer pseudoplatanus);
-
Willow (Salix spp.);
-
Poplar (Populus spp.);
-
Hornbeam (Carpinus spp.); and
b
the maximum harvest cycle is 20 years.
Payment entitlements9
Pursuant to the third sub-paragraph of Article 43(1) of the Council Regulation, payment entitlements under the single payment scheme attributable to and established in Wales, may only be used or transferred within Wales.
Revocation10
The following Regulations are revoked—
a
The Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2005 F5;
b
The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2006 F6;
c
The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2008 F7;
d
The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2009 F8;
e
The Common Agricultural Policy Single Payment Scheme (Set-aside) (Wales) Regulations 2005 F9;
f
The Common Agricultural Policy Single Payment Scheme (Set-aside) (Wales) (Amendment) Regulations 2006 F10.
SCHEDULEVoluntary modulation rates
Words in Sch. table inserted (3.1.2013) by The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2012 (S.I. 2012/3093), regs. 1(2), 2(3)
Year |
EU compulsory modulation |
Voluntary modulation |
Total modulation |
---|---|---|---|
2009 |
0% |
4.2% |
4.2% |
2010 |
0% |
5.8% |
5.8% |
2011 |
0% |
6.5% |
6.5% |
2012 |
0% |
6.5% |
6.5% |
F122013 |
0% |
6.5% |
6.5% |
Year |
EU compulsory rates of modulation provided for in Article 7 of the Council Regulation |
Voluntary modulation |
Total modulation |
---|---|---|---|
2009 |
7% |
2.2% |
9.2% |
2010 |
8% |
2.8% |
10.8% |
2011 |
9% |
2.5% |
11.5% |
2012 |
10% |
1.5% |
11.5% |
F122013 |
10% |
1.5% |
11.5% |
Year |
EU compulsory rates of modulation provided for in Article 7 of the Council Regulation |
Voluntary modulation |
Total modulation |
---|---|---|---|
2009 |
11% |
0% |
11% |
2010 |
12% |
0% |
12% |
2011 |
13% |
0% |
13% |
2012 |
14% |
0% |
14% |
F122013 |
14% |
0% |
14% |
S.I. 2005/2766. By virtue of sections 59 and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006, functions conferred upon the National Assembly for Wales are exercisable by the Welsh Ministers.