The Tir Mynydd (Wales) Regulations 2001

Explanatory Note

(This note does not form part of the Regulations)

The review of the European Union’s common agricultural policy known as Agenda 2000 has led to a change in the system of less favoured area agricultural support from one based on the number of animals to an area based system. The policies of the European Union are set out in Council Regulation (EC) No. 1257/1999 and the detailed framework for the implementation of that Council Regulation is contained in Commission Regulation (EC) No. 1750/1999.

The proposals of the National Assembly for Wales for the implementation of those European Union policies were contained in the Rural Development Plan for Wales that it presented to the European Commission and which was approved on 11th October 2000. These Regulations deal with the Scheme described in that Rural Development Plan as the Tir Mynydd Scheme, which provides financial support for farmers whose holding includes disadvantaged or severely disadvantaged land (the less favoured area).

Different schemes for less favoured area support have been adopted by Wales, England, Scotland and Northern Ireland. Holdings that include land in more than one part of the United Kingdom will therefore be the subject of further regulations.

These Regulations provide for the following:

Part I— General

• Name, commencement and application (regulation 1)

• Definitions (regulation 2)

Part II — The Scheme.

• Qualifying claimants (regulation 3)

• Minimum stocking density (regulation 4)

• Maximum stocking density (regulation 5)

• Calculation of area payments - element 1 (regulation 6 and Schedule 1)

• Environmental enhancement under element 2 of the scheme (regulation 7)

• Categories that qualify for enhancement (regulation 8)

Part III — Administration

• Payments (regulation 9)

• Claims (regulation 10)

• Late claims (regulation 11)

• Release from undertaking (regulation 12)

• Withholding or recovery of payments (regulation 13)

• Rate of interest (regulation 14)

• Cross Border Holdings (regulation 15)

Part IV — Enforcement

• Powers of authorised persons (regulation 16)

• Assistance to authorised persons (regulation 17)

• Offences (regulation 18)

• Penalties (regulation 19)

• Time limit for prosecutions (regulation 20)

• Offences by bodies corporate (regulation 21)

The changes to the system of support were required by the European legislation referred to above. The detailed arrangements for doing so are contained in the National Assembley’s Rural Development Plan. The final version of the Plan was prepared following consultation with interested parties and with the National Assembly’s Agriculture and Rural Development Committee. No specific regulatory appraisal has therefore been carried out.