The Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015

Made: 22 April 2015

Laid before the National Assembly for Wales: 23 April 2015

Coming into force: 14 May 2015

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 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 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.

Title, application and commencement

1

• (1) The title of these Regulations is the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015.

• (2) These Regulations apply in relation to Wales.

• (3) These Regulations come into force on 14 May 2015.

Interpretation

2

• (1) In these Regulations—

• “non-native invasive weeds” (“chwyn goresgynnol estron”) means the following—Japanese knotweed (Fallopia japonica)Giant hogweed (Heracleum mantegazzianum)Himalayan balsam (Impatiens glandulifera)Rhododendron ponticum (Rhododendron ponticum);

• “permanent grassland” (“glaswelltir parhaol”) has the same meaning given in Article 4(1)(h) of the Direct Payments Regulation but also includes land where native dwarf shrubs including those in the family Ericaceae (heathers) and the species Ulex gallii (western gorse), and/or native species in the families Juncaceae (rushes) and Cyperaceae (sedges), are predominant and can be grazed;

• “single application” (“cais sengl”) means an application for direct payments in relation to area related aid schemes;

• “the Direct Payments Delegated Regulation” (“y Rheoliad Taliadau Uniongyrchol Dirprwyedig”) means Commission Delegated Regulation (EU) No. 639/2014 supplementing the Direct Payments Regulation ;

• “the Direct Payments Implementing Regulation” (“y Rheoliad Gweithredu Taliadau Uniongyrchol”) means Commission Implementing Regulation (EU) No. 641/2014 laying down rules for the application of the Direct Payments Regulation ;

• “the Direct Payments Regulation” (“y Rheoliad Taliadau Uniongyrchol”) means Regulation (EU) No. 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy ;

• “the European Regulations” (“y Rheoliadau Ewropeaidd”) means—the Direct Payments Regulation;the Direct Payments Delegated Regulation;the Direct Payments Implementing Regulation; andthe Horizontal Implementing Regulation;

• “the Horizontal Implementing Regulation” (“y Rheoliad Gweithredu Llorweddol”) means Commission Implementing Regulation (EU) No. 809/2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance .

• (2) Terms used in these Regulations that are also used in any of the European Regulations have the meaning they bear in those Regulations.

• (3) Any reference in these Regulations to an EU instrument is a reference to that instrument as amended from time to time.

Minimum eligible area of holding

3

• (1) Subject to paragraph (2), for the purposes of Article 10(1) ... of the Direct Payments Regulation, no direct payments may be granted to a farmer where the eligible area of the holding for which the payments are claimed or due to be granted in accordance with Article 10(1) is less than 5 hectares.

• (2) Direct payments may be granted to a farmer where the eligible area of the holding referred to in paragraph (1) is less than 5 hectares if in 2020 direct payments were claimed by or due to be granted to that farmer—

• (a) before the application of Article 63 of Regulation (EU) No 1306/2013; and

• (b) in respect of such a holding (as defined for the 2020 claim year)—

• (i) situated in Wales and at least one other territory;

• (ii) where the eligible area situated in Wales of that holding was less than 5 hectares; and

• (iii) for which a payment was claimed or due to be granted in respect of the eligible area situated in Wales.

Date on which eligible land must be at farmer's disposal

4

In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 33(1) of the Direct Payments Regulation, the date on which those parcels must be at the farmer's disposal is the 15 May of that year.

Maintenance of an agricultural area in a state suitable for grazing or cultivation

5

For the purposes of Articles 4(1)(c)(ii) and 4(2)(a) of the Direct Payments Regulation and Article 4 of the Direct Payments Delegated Regulation, an agricultural area will be deemed to be maintained in a state suitable for grazing or cultivation where a farmer controls non-native invasive weeds and scrub on that area.

Minimum agricultural activity on land naturally kept in a state suitable for grazing or cultivation

6

For the purposes of Articles 4(1)(c)(iii) and 4(2)(b) of the Direct Payments Regulation and Article 5 of the Direct Payments Delegated Regulation, on agricultural areas naturally kept in a state suitable for grazing or cultivation, a farmer will be deemed to be carrying out the minimum activity where that—

• (a) area is grazed at an annual stocking density of 0.01-0.05 livestock units per hectare; or

• (b) farmer controls non-native invasive weeds and scrub on that area.

Short rotation coppice

7

For the purposes of Article 4(1)(k) ... of the Direct Payments Regulation—

• (a) the list of planted tree species is—

• Alder (Alnus spp)

• Silver Birch (Betula pendula);

• Hazel (Corylus avellana);

• European Ash (Fraxinus excelsior);

• Lime (Tilia cordata);

• Sweet chestnut (Castanea sativa);

• Sycamore (Acer pseudoplatanus);

• Willow (Salix spp);

• Poplar (Populus spp); and

• (b) the maximum harvest cycle is 20 years.

Young farmers

8

• (1) For the purposes of the payment calculation required by Article 50(6) of the Direct Payments Regulation, the number of entitlements a young farmer has activated in accordance with Article 32(1) of that Regulation will be multiplied by 25% of an amount calculated by dividing a fixed percentage of the national ceiling for the calendar year 2019 by the number of all eligible hectares declared on the single application for the claim year 2015.

• (2) For the purpose of Article 50(9) of the Direct Payments Regulation, a single maximum limit of 25 is applicable to the number of eligible hectares declared by the farmer.

Active farmers

9

• (1) For the purposes of Article 9(2) sub-paragraph 3(b) of the Direct Payments Regulation, a farmer's agricultural activities are not insignificant if that farmer's total holding size is greater than or equal to 21 hectares, in accordance with the third sub-paragraph of Article 13(1) of the Direct Payments Delegated Regulation.

• (2) For the purposes of Article 9(2) sub-paragraph 3(c) of the Direct Payments Regulation, a farmer's principal business or company objects consist of exercising an agricultural activity where that farmer provides the Welsh Ministers with evidence that at least 40% of the total receipts obtained by the business in the most recent fiscal year for which evidence is available were obtained from agricultural activities, in accordance with the third sub-paragraph of Article 13(3) of the Direct Payments Delegated Regulation.

• (3) For the purposes of Article 9(4) of the Direct Payments Regulation, the maximum amount is EUR 5,000.

Basic Payment Scheme entitlements

10

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Transfer of entitlements

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of holding

12

For the purposes of Article 8(3)(a) of the Horizontal Implementing Regulation, the period within which the transferee must inform the Welsh Ministers of the transfer and request payment of the aid or support, or both, is 30 days beginning with the first day after the date of the transfer.

Non-agricultural activities

13

• (1) In accordance with Article 32(3) of the Direct Payments Regulation—

• (a) non-agricultural activities which may be carried out on an agricultural area of a holding for a period of up to 28 days per calendar year are listed in Part 1 of the Schedule;

• (b) areas which are classed as being predominantly used for non-agricultural activities are listed in Part 2 of the Schedule;

• (c) any area where the principal purpose of the land is for recreational activities, or a non-agricultural activity listed in Part 1 of the Schedule, is not consistent with the land being considered as remaining in agricultural use.

Crop diversification

14

For the purposes of the first sub-paragraph of Article 40(1) of the Direct Payments Delegated Regulation, the relevant cultivation period in any year is 1 May to 15 July (both dates included).

Permanent grassland

15

• (1) Any permanent grassland—

• (a) located in a site of special scientific interest; and

• (b) in relation to which written consent to plough is required in accordance with section 28E of the Wildlife and Countryside Act 1981 but such consent has not been obtained,

is designated as environmentally sensitive permanent grassland for the purposes of Article 45(1) of the Direct Payments Regulation.

• (2) In this regulation—

Ecological focus areas

16

• (1) For the purposes of Article 46(2) of the Direct Payments Regulation, the areas mentioned in points (a) (land lying fallow), (g) (areas of short rotation coppice), (h) (afforested areas) and (j) (areas with nitrogen-fixing crops) and, subject to paragraph (3), point (c) (landscape features), are considered to be Ecological Focus Areas.

• (2) In accordance with Article 45(2) of the Direct Payments Delegated Regulation, there shall be no agricultural production on land lying fallow in any year between 1 February and 31 July (both dates included).

• (3) For the purposes of the second sub-paragraph of Article 45(4) of the Direct Payments Delegated Regulation, landscape features are limited to—

• (a) hedges and wooded strips up to 10 metres wide; and

• (b) traditional stone walls at least 1 metre high and no more than 4 metres wide.

• (4) For the purposes of Article 45(8) of the Direct Payments Delegated Regulation—

• (a) the list of planted tree species that can be used for short rotation coppice is—

• Alder (Alnus spp),

• Silver Birch (Betula pendula),

• Hazel (Corylus avellana),

• European Ash (Fraxinus excelsior),

• Lime (Tilia cordata),

• Sweet chestnut (Castanea sativa),

• Sycamore (Acer pseudoplatanus),

• Willow (Salix spp),

• Poplar (Populus spp); and

• (b) within the first 2 years of planting any of the species in paragraph (4)(a)—

• (i) no mineral fertiliser may be used on those species, and

• (ii) plant protection products can only be used for the treatment of non-native invasive weeds; and

• (c) the maximum harvest cycle is 20 years.

• (5) For the purposes of Article 45(10) of the Direct Payments Delegated Regulation—

• (a) the list of nitrogen fixing crops is—

• Alfalfa (Medicago sativa),

• Bean (Phaseolus spp),

• Bean (Vigna spp),

• Birdsfoot trefoil (Lotus corniculatus),

• Chickpea (Cicer spp),

• Clover (Trifolium spp),

• Faba bean (Vicia faba),

• Lentil (Lens culinaris),

• Lupin (Luninus spp),

• Pea (Pisum spp),

• Vetch (Vicia spp except Vicia faba),

• Medick (Medicago lupulina),

• Soybean (Glycine max),

• Sweet clover (Melilotus albus),

• Sainfoin (Onobrychus viciifolia); and

• (b) in any year, any nitrogen fixing crop must be sown by 15 May and be present for 14 weeks from the date that it was sown, or until 1 August at the latest.

• (6) When calculating the total hectares represented by the Ecological Focus Area of a holding, the Welsh Ministers will make use of the conversion and weighting factors set out in Annex X to the Direct Payments Regulation.

Revocations and savings

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE — Non-agricultural activities

PART 1 — Non- agricultural activities permitted on agricultural areas up to 28 days per calendar year

• Clay pigeon shooting

• Car boot sales

• Festivals

• Country shows and fairs

• Farm auctions and sales

• Equestrian activities

• Ballooning

• Car parking[^f01000]

• Scout camps

• Guide camps

• Caravan sites

• Camping sites

• TV and film locations

• Motor sports

• Moto cross

PART 2 — Areas classed as being predominantly used for non-agricultural activities

• Golf courses

• Gallops

• Airports

• Solar parks

• Permanent sports installations and facilities

Signed

Rebecca Evans — Deputy Minister for Farming and Food, under the authority of the Minister for Natural Resources, one of the Welsh Ministers — 2015-04-22

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2010/2690.

[^f00002]: 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.

[^f00003]: OJ No. L 181, 20.6.2014, p. 1.

[^f00004]: OJ No. L 181, 20.6.2014, p. 74.

[^f00005]: OJ No. L 347, 20.12.2013, p. 608, as amended by Regulation (EU) No. 1310/2013 (OJ No. L 347, 20.12.2013, p. 865).

[^f00006]: OJ No. L 227, 31.7.2014, p. 69.

[^f00007]: In relation to land in Wales, section 28E has effect as if the reference to Natural England was a reference to the Natural Resources Body for Wales.

[^f00008]: 1981 c. 69.

[^f00009]: S.I. 2010/1892 (W. 185).

[^f00010]: S.I. 2012/3093 (W. 311).

[^f01000]: Whether or not associated with any other non-agricultural activity

¹ Whether or not associated with any other non-agricultural activity
Clay pigeon shooting
Car boot sales
Festivals
Country shows and fairs
Farm auctions and sales
Equestrian activities
Ballooning
Car parking¹
Scout camps
Guide camps
Caravan sites
Camping sites
TV and film locations
Motor sports
Moto cross

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Gallops

Airports

Solar parks

Permanent sports installations and facilities

Editorial notes

[^c22630831]: S.I. 2010/2690.

[^c22630841]: 1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.

[^c22630851]: OJ No. L 181, 20.6.2014, p. 1.

[^c22630861]: OJ No. L 181, 20.6.2014, p. 74.

[^c22630871]: OJ No. L 347, 20.12.2013, p. 608, as amended by Regulation (EU) No. 1310/2013 (OJ No. L 347, 20.12.2013, p. 865).

[^c22630881]: OJ No. L 227, 31.7.2014, p. 69.

[^c22630891]: In relation to land in Wales, section 28E has effect as if the reference to Natural England was a reference to the Natural Resources Body for Wales.

[^c22630901]: 1981 c. 69.

[^key-7693751aaf21a3d78683e0d6baa36ea6]: Words in reg. 16(3)(a) inserted (18.3.2016) by The Common Agricultural Policy (Amendment) (No. 2) (Wales) Regulations 2016 (S.I. 2016/217), regs. 1(3), 2(2)