Agriculture Act 2020

Other financial support: modification in relation to Wales of general provision connected with payments to farmers and other beneficiaries E+W

4 (1) The Welsh Ministers may by regulations modify the following legislation so far as it operates in relation to Wales— E+W

(a) retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy, and

(b) subordinate legislation relating to that legislation.

(2) Regulations under this paragraph may only be made for or in connection with making changes that the Welsh Ministers consider would serve any one or more of the following purposes—

(a) securing that any provision of legislation referred to in sub-paragraph (1) ceases to have effect;

(b) simplifying the operation of any provision of such legislation, or making its operation more efficient or effective;

(c) removing or reducing burdens, or the overall burdens, imposed by such legislation on persons applying for, or in receipt of, payments governed by the legislation, or otherwise improving the way that the legislation operates in relation to such persons;

(d) securing that any sanction or penalty imposed by such legislation is appropriate and proportionate.

(3) In this paragraph—

• “burden” includes—

  (a)

  a financial cost;

  (b)

  an administrative inconvenience;

  (c)

  an obstacle to efficiency, productivity or profitability;

• “retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy” includes—

  (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;

  (c)

  the legacy regulations.

(4) In sub-paragraph (3), the “legacy regulations” means retained direct EU legislation relating to the financing, management and monitoring of the common agricultural policy that preceded Regulation (EU) No 1306/2013 and includes—

(a) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common agricultural policy;

(b) Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures;

(c) Commission Regulation (EU) No 65/2011 of 27 January 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1698/2005, as regards the implementation of control procedures as well as cross-compliance in respect of rural development support measures.

(5) Regulations under this paragraph are subject to negative resolution procedure (unless section 50(5) applies).

Commencement Information

I1 Sch. 5 para. 4 in force at Royal Assent for specified purposes and otherwise at 11.1.2021, see s. 57(1)(b)(c)(6)