The Organic Farming Scheme (Wales) Regulations 2001

Explanatory Note

(This note does not form part of the Regulations)

These Regulations, which apply in relation to Wales, provide for the payment of aid to farmers who undertake to introduce organic farming methods and to comply with certain environmental management conditions, pursuant to Article 22 of Council Regulation (EC) No. 1257/1999 (OJ No L160, 26.06.1999, p.80) (“the Rural Development Regulation”).

The Organic Farming (Aid) Regulations 1994 made under earlier European legislation formerly provided for support for organic farming. The Organic Farming (Wales) Regulations 1999 closed the scheme under the 1994 Regulations for new applicants. They also provided that those receiving payment under the 1994 Regulations could continue to do so or could opt to receive payment under the 1999 Regulations.

That option will now cease and recipients under the 1994 Regulations will continue to do so until payment ceases in accordance with the provisions of those Regulations.

The current Regulations will replace the 1999 Regulations and will apply to those who have been receiving payment under the 1999 Regulations.

These Regulations implement certain provisions of Commission Regulation (EC) No.1750/1999 (OJ No. L214, 13.08.1999, p.31) (“the Commission Regulation”), laying down detailed rules for the application of the Rural Development Regulation.

The Regulations—

(a)  enable the National Assembly to make payments of aid, subject to specified conditions, and specify the rate of aid (regulations 3 and 4, and Schedule 1); E+W

(b)  specify the conditions of eligibility to be satisfied by applicants for aid (regulation 5 and Schedule 2), certain procedural and formal preconditions for the acceptance of applications for aid (regulations 6 and 9), and certain restrictions on the payment of aid (regulation 7); and E+W

(c)  permit the National Assembly not to consider applications for aid in the event that financial resources available for aid under the Regulations are insufficient (regulation 8); E+W

(d)  provide for variations of undertakings given by applicants for aid and for amendments to conversion plans (regulations 10 and 11); E+W

(e)  provide for the payment of aid to a new occupant where there has been a change in the occupation of an organic unit or part of an organic unit due to the death of a beneficiary or otherwise (regulation 12); E+W

(f)  end the ability of beneficiaries of aid under the 1994 Regulations to apply to be treated as entitled to aid under the 1999 Regulations and apply the current Regulations to those already receiving payment under the 1999 Regulations (regulation 13); E+W

(g)  impose duties in respect of the keeping of records and confer powers of entry and inspection (regulations 14 and 15); E+W

(h)  provide for the withholding or recovery of aid and the recovery of interest (regulations 16, 17 and 18); E+W

(i)  provide for an offence of making a false statement, and make provision in relation to any such offence committed by a corporation (regulations 19 and 20). E+W

The UKROFS standards (referred to in regulations 2(1) and 5 (2)) are published by and copies are available from the Office of the Secretary to UKROFS, Room G47, Nobel House, 17 Smith Square, London SW1P 3JR.

Copies of the Moorland Map of Wales 1992 may be inspected during office hours at the offices of the National Assembly for Wales at

Crown Buildings, Cathays Park, Cardiff;

Government Buildings, Penrallt, Caernarfon;

Government Buildings, Picton Terrace, Carmarthen; and

Government Buildings, Spa Road East, Llandrindod Wells.

Copies of the Codes of Good Agricultural Practice for the protection of Soil, Air, Water and Pesticides (referred to in paragraph 10 of Schedule 2) are available free of charge from The National Assembly for Wales, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ.