The Common Agricultural Policy Single Payment and Support Schemes (Wales) (Amendment) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Common Agricultural Policy Single Payment and Support Schemes (Wales) Regulations 2005 (“the principal Regulations”). The principal Regulations make provision in Wales for the administration of Council Regulation (EC) No. 1782/2003 (OJ No. L270, 21.10.2003, p.1) (“the Council Regulation”), Commission Regulation (EC) No. 795/2004 (OJ No. L141, 30.4.2004, p.1), Commission Regulation (EC) No. 796/2004 (OJ No. L141, 30.4.2004, p.18) and Commission Regulation (EC) No. 1973/2004 (OJ No. L345, 20.11.2004, p.1) in relation to establishing a system of direct support schemes (including the Single Payment Scheme) which was introduced under the Common Agricultural Policy in 2005.

Regulation 3 revises regulation 2 (interpretation) of the principal Regulations.

Regulation 4 replaces Regulation 6 (10 month period) of the principal Regulations to remove provisions relating to the requirement for farmers claiming under the Single Payment Scheme to have parcels of land for which they are claiming at their disposal for a ten month period. Article 44(3) of the Council Regulation was amended by Article 1(3) of Council Regulation (EC) No. 146/2008 (OJ No. L46, 21.2.2008, p.1) with the effect that Member States now need only fix a single day in the year on which farmers must have at their disposal the parcels in respect of which they claim under the Scheme. The new provision fixes this day as 15 May of the scheme year in which the claim is made.

Regulation 5 of these Regulations inserts regulation 7A in the principal Regulations, which provides for criteria for calculating the farmer’s reference amount in relation to sugar beet pursuant to Article 37(1), third indent, and paragraph 1, point K, Annex VII to the Council Regulation (both of which were inserted by Council Regulation (EC) No.319/2006 (OJ No. L 58, 28.2.2006, p.32).

Regulation 6 revokes Regulation 8 (Horticulture) of the principal Regulations.

Regulation 7 amends regulation 11 of the principal regulations in relation to voluntary modulation pursuant to Council Regulation (EC) No. 378/2007 (OJ No. L95, 5.4.2007, p.1).