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Agriculture (Wales) Act 2023

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This is the original version (as it was originally enacted).

CHAPTER 2POWERS TO MODIFY LEGISLATION RELATING TO FINANCIAL AND OTHER SUPPORT

16Power to modify legislation governing the basic payment scheme

(1)The Welsh Ministers may by regulations modify legislation governing the basic payment scheme so far as it has effect in relation to Wales.

(2)In this Act—

(a)the basic payment scheme means the Basic Payment Scheme under Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy (“the Direct Payments Regulation”);

(b)the “legislation governing the Basic Payment Scheme” means the following retained direct EU legislation, and any subordinate legislation relating to that legislation—

(i)the Direct Payments Regulation;

(ii)any Council Delegated Regulation, or Commission Delegated Regulation, made under the Direct Payments Regulation;

(iii)any other retained direct EU legislation which relates to the operation of the basic payment scheme.

17Power to modify legislation relating to the common agricultural policy

(1)The Welsh Ministers may by regulations modify legislation relating to the financing, management and monitoring of the common agricultural policy so far as it has effect in relation to Wales.

(2)In this Act “legislation relating to the financing, management and monitoring of the common agricultural policy” means the following retained direct EU legislation, and any subordinate legislation relating to that legislation—

(a)Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy;

(b)retained direct EU legislation made under that Regulation.

18Power to modify legislation relating to support for apiculture

(1)The Welsh Ministers may by regulations modify legislation relating to support for apiculture so far as it has effect in relation to Wales.

(2)In this Act “legislation relating to support for apiculture” means the following retained direct EU legislation, and any subordinate legislation relating to that legislation—

(a)Articles 55 to 57 of the CMO Regulation;

(b)retained direct EU legislation made under that legislation.

19Power to modify legislation relating to support for rural development

(1)The Welsh Ministers may by regulations modify legislation relating to support for rural development so far as it has effect in relation to Wales.

(2)In this Act “legislation relating to support for rural development” means the following retained direct EU legislation, and any subordinate legislation relating to that legislation—

(a)Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development;

(b)Regulation (EU) No 1310/2013 of the European Parliament and of the Council of 17 December 2013 laying down certain transitional provisions on support for rural development;

(c)Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development;

(d)so far as it relates to support for rural development, Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc.;

(e)Council Regulation (EC) No 1257/99 of 17 May 1999 on support for rural development;

(f)Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a Community aid scheme for forestry measures in agriculture;

(g)Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside;

(h)retained direct EU legislation made under the retained direct EU legislation in paragraphs (a) to (g).

20Relationship with other powers to modify legislation

Nothing in this Chapter affects any other power under an enactment to modify provisions of—

(a)legislation governing the basic payment scheme (see section 16(2)(b));

(b)legislation relating to the financing, management and monitoring of the common agricultural policy (see section 17(2));

(c)legislation relating to support for apiculture (see section 18(2));

(d)legislation relating to support for rural development (see section 19(2)).

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