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The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2005

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Title, commencement and application

1.—(1) The title of these Regulations is the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2005.

(2) These Regulations come into force on 1 January 2006 and apply in relation to Wales.

Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2004

2.  The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004(1) are amended as follows—

(1) In regulation 2(2), substitute the following—

(2) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2005 are made..

(2) In regulation 3, substitute the following—

3.  The National Assembly is designated as the competent national authority for the purposes of Article 3(2) of the Council Regulation..

(3) In regulation 4(1), substitute the following—

  • The standards of good agricultural and environmental condition set out in the Schedule apply as minimum requirements for the purposes of Article 5(1) of the Council Regulation..

(4) In regulation 7—

(a)in paragraph (2)(a), for “a right” substitute “the power”;

(b)in paragraph (2)(b), for “may only do so” substitute “has the power to”;

(c)in paragraph (3), for “may” substitute “has the power to”;

(d)in regulation 7(4), where “may” occurs in the first instance substitute “has the power to”.

(5) For paragraph 1 of the Schedule, substitute—

Soil assessment record booklet

1.(1) A farmer must, subject to sub-paragraph (3), complete a soil assessment record booklet.

(2) The soil assessment record booklet must—

(a)be completed annually on or before the 31 January;

(b)accurately reflect the position on the holding as of 1 January of the calendar year;

(c)be signed and dated upon completion;

(d)be updated as and when necessary; and

(e)be made available to staff of the National Assembly upon request.”.

(3) If a farmer has completed a resource management plan in accordance with the requirements of the Tir Cynnal (Wales) 2006 Regulations(2) then the farmer does not have to comply with the other provisions of this regulation..

(6) In paragraph 6(2) of the Schedule— before “(d)” delete “or”, after “provided” substitute “;” for “.” and add

or

(e)avoid poaching that leads to soil run off into watercourses..

(7) In paragraph 12(2) of the Schedule—

  • for “or (4)” substitute “,(4) or (5)”.

(8) For paragraph 12(3) of the Schedule substitute—

(3) A farmer may carry out hedge-laying and coppicing—

(a)during the period beginning on 1 March and ending on 31 March if the farmer does not disturb any birds nesting in the hedgerow; or

(b)during the period beginning on 1 March and ending on 30 April if the National Assembly has given the farmer written permission to do so because the National Assembly considers it necessary for purposes of a competition or training event..

(9) In paragraph 12(4)—

  • after “laid” substitute “;” for “.” and add

    (5) A farmer may cut or trim a hedgerow on arable land during August if the farmer is planting winter arable crops on that land as part of the farmer’s normal farming practice..

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3)

D. Elis-Thomas

The Presiding Officer of the National Assembly

6 December 2005

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