The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004
Title and commencement1.
These Regulations may be cited as the Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004 and shall come into force on 1st April 2004.
Interpretation2.
In these Regulations —
“appellant” (“apelydd”) means a person in respect of whom an initial determination has been made by or on behalf of the National Assembly in connection with the administration of any of the Schemes listed in the Schedule to these Regulations and who wishes to have that initial determination reconsidered by or on behalf of the National Assembly;
“relevant date” (“dyddiad perthnasol”) means the date on which the initial determination was made; and
“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales.
Application3.
These Regulations shall apply in relation to appellants whose trading address, or, where there is more than one such address, whose principal trading address, was in Wales at the relevant date.
Provision of appeals procedure4.
(1)
The National Assembly may establish a procedure, to be applied at the request of any appellant, for the further consideration on its behalf of an initial determination made in relation to the appellant in respect of the administration of any of the Schemes listed in the Schedule, such procedure operating by way of appeal from the initial determination.
(2)
Any such procedure so established may provide for consideration of the initial determination by such persons (not exceeding three) as the National Assembly may appoint for that purpose, with a view to their making a report of their conclusions in relation to the initial determination and a recommendation as to the manner in which the matter should be finally determined by the National Assembly.
(3)
When the National Assembly establishes any such procedure as is mentioned in paragraph (2), it may —
(a)
pay to the persons so appointed such reasonable remuneration in respect of their functions under that procedure, and such travelling and other allowances, as it may determine; and
(b)
charge any appellant whose appeal is considered under the procedure so established such fee (not exceeding £100) as the National Assembly may determine in respect of the costs incurred by it by virtue of the operation of that procedure in relation to the appeal in question.
SCHEDULESCHEMES IN RESPECT OF WHICH THE NATIONAL ASSEMBLY FOR WALES MAY ESTABLISH AN APPEALS PROCEDURE
Scheme | Council Regulation establishing the Scheme |
|---|---|
GENERAL | |
Aid for Concentrated Grape Must | (EC) No. 1493/19994 on the common organisation of the market in wine (Article 34) |
Aid for Dehydrated Fodder | (EC) No. 1786/20035 on the common organisation of the market in dried fodder |
Apple Consumption Aid | (EC) No. 2826/20006 on information and promotion actions for agricultural products on the internal market |
Beef Information Programme | (EC) No. 2826/20007 on information and promotion actions for agricultural products on the internal market (Articles 1 and 2) |
Butter for Manufacture | (EC) No. 1255/19998 on the common organisation of the market in milk and milk products (Article 13(1)(c) — (d)) |
Butter for Non-Profit Making | (EC) No. 1255/19999 on the common organisation of the market in milk Organisations and milk products (Article 13(1)(a)) |
Control of Casein in Cheese Making | (EC) No. 1255/199910on the common organisation of the market in milk and milk products (Article 12) (EEC) No. 2204/9011 laying down additional general rules on the common as last amended by (EC) No.2583/200112 organisation of the market in milk and milk products as regards cheese |
Casein Production Subsidy | (EC) No. 1255/199913 on the common organisation of the market in milk and milk products (Article 12) |
Citrus Processing Aid | (EC) No. 2202/9614 introducing a Community aid scheme for producers of certain citrus fruits (Article 1) |
Concentrated Butter for Direct | (EC) No. 1255/199915 on the common organisation of the market in milk Consumption and milk products (Article 13(1)(e)) |
End Use Control of Certain | (EC) No. 2202/9616 introducing a Community aid scheme for producers Fruit and Vegetables of certain citrus fruits (Article 30) |
Fibres Processing Aid | (EC) No. 1673/200017 on the common organisation of the markets in flax and hemp grown for fibre as last amended by (EC) No. 1782/200318 |
Fish Carry-Over Aid | (EC) No. 104/200019 on the common organisation of the markets in fishery and aquaculture products (Article 23) |
Fish Flat-Rate Aid | (EC) No. 104/200020 on the common organisation of the markets in fishery and aquaculture products (Article 24) |
Fish Flat-Rate Premium | (EC) No. 104/200021 on the common organisation of the markets in fishery and aquaculture products (Article 24) |
Fish Private Storage Aid | (EC) No. 104/200022 on the common organisation of the markets in fishery and aquaculture products (Article 25) |
Fish Withdrawals Compensation | (EC) No. 104/200023 on the common organisation of the markets in fishery and aquaculture products (Article 21) |
Fresh Fruit and Vegetables | (EC) No. 2200/9624 on the common organisation of the market in fruit and Withdrawals 2699/200025 vegetables (Articles 23 and 24) as last amended by (EC) No. |
Fruit and Vegetable Operational | (EC) No. 2200/9626 on the common organisation of the market in fruit Programme No.2699/200027 and vegetables (Articles 15 and 16) as last amended by (EC) |
Fruit and Vegetable Producer | (EC) No. 2200/9628 on the common organisation of the market in fruit Organisation Recognition 1881/200229 and vegetables (Articles 11 — 14) as last amended by (EC) No. |
Grape Juice Aid | (EC) No. 1493/199930 on the common organisation of the market in wine (Article 35) as last amended by (EC) No. 2826/200031 |
Herbage Seed Production Aid | (EEC) No. 2358/7132 of the Council on the common organisation of the market in seeds (Article 1) as last amended by (EEC) No. 3695/9233 (EEC) No. 1674/7234 of the Council laying down general rules for granting and financing aid for seed: (Article 1) as last amended by (EEC) No. 3795/8535 |
Milk Quotas Scheme | (EC) No. 1788/200336 establishing a levy in the milk and milk products sector |
Over Thirty Month Scheme | (EC) No. 1254/199937 on the common organisation of the market in beef and veal (Article 39) |
Promotions to Internal Market | (EC) No. 2826/200038 on information and promotion actions for agricultural products on the internal market (Article 1) |
Promotions to Third Countries | (EC) No. 2702/199939 on measures to provide information on, and to promote, agricultural products in third countries |
School Milk Scheme | (EC) No. 1255/199940 on the common organisation of the market in milk and milk products (Article 14) as last amended by (EC) No.1787/200341 |
Selective Cull Scheme | (EC) No. 1254/199942 on the common organisation of the market in beef and veal (Article 39) |
Skimmed Milk Powder for Animal Feed | (EC) No. 1255/199943 on the common organisation of the market in milk and milk products (Article 11) |
Starch for Prescribed End Users | (EEC) No. 1766/9244 on the common organisation of the market in cereals (Articles 7 and 8) as last amended by (EC) No.1253/199945 |
INTERVENTION SCHEMES | |
Beef | (EC) No. 1254/199946 on the common organisation of the market in beef and veal (Title I) as last amended by (EC) No. 1782/200347 |
Cereals | (EEC) No. 1766/9248 on the common organisation of the market in cereals (Chapter 1 of Title I) as last amended by (EC) No. 1253/199949 |
Dairy | (EC) No. 1255/199950 on the common organisation of the market in milk and milk products (Chapter II) as last amended by (EC) No. 1787/200351) |
PRIVATE STORAGE AID SCHEMES | |
Beef | (EC) No. 1254/199952 on the common organisation of the market in beef and veal as last amended by (EC) No. 1782/200353 |
Dairy | (EC) No. 1255/199954 on the common organisation of the market in milk and milk products (Articles 9 and 10(b)) |
Pigmeat | (EEC) No. 2759/7555 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/200056 |
Sheepmeat/Goatmeat | (EC) No. 2529/200157 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/200358 |
SUGAR, OILS and STARCH | |
Cane Sugar Refining | (EC) No. 1260/200159 on the common organisation of the markets in the sugar sector (Articles 35 and 38) |
End Use Control of Certain | Regulation No. 136/66/EEC60 of the Council on the establishment of a Vegetable Oils amended by (EC) No. 3290/9461 common organisation of the market in oils and fats (Title I) as last |
Isoglucose Quotas and | (EC) No. 1260/200162 on the common organisation of the markets in the Production Levies sugar sector (Title I) |
Olive Oil Production Aid | Regulation No. 136/66/EEC63 of the Council on the establishment of a common organisation of the market in oils and fats (Title II) as last amended by (EC) No. 1513/200164 |
Production Refund on sugar | (EC) No. 1260/200165 on the common organisation of the markets in the used in the Chemical Industry sugar sector (Title I) |
Starch Refunds — Cereals | (EEC) No. 1766/9266 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/200267 |
Starch Refunds — Rice | (EC) No. 3072/9568 on the common organisation of the market in rice (Article 7) |
Sugar Quotas and Production Levies | (EC) No. 1260/200169 on the common organisation of the markets in the sugar sector (Title I) |
EXTERNAL TRADE | |
Bananas | (EEC) No. 404/9370 on the common organisation of the market in bananas as last amended by (EC) No. 2587/200171 |
Beef and Veal | (EC) No. 1254/199972 on the common organisation of the market in beef and veal (Article 1 and Title II) |
Beef Import Tariff Quota | (EC) No. 1254/199973 on the common organisation of the market in beef and veal (Article 1 and Title II) |
Cereals | (EEC) No. 1766/9274 on the common organisation of the market in cereals (Title II) as last amended by (EC) No. 2377/2002 |
Eggs | (EEC) No. 2771/7575 on the common organisation of the market in eggs as last amended by (EC) No. 806/200376 |
Ethyl Alcohol | (EC) No. 670/200377 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (Article 4) |
Fish | (EC) No. 104/200078 on the common organisation of the markets in fishery and aquaculture products (Title V) |
Floriculture (live plants and flowers) | (EEC) No. 234/6879 on the establishment of a common organisation of the market in live trees and other plants, bulbs, roots and the like, cut flowers and ornamental foliage as last amended by (EC) No. 806/200380 |
Fruit and Vegetables | (EC) No. 2200/9681 on the common organisation of the market in fruit and vegetables: (Title V) as last amended by (EC) No. 2699/200082 |
Milk/Milk Products | (EC) No. 1255/199983 on the common organisation of the market in milk and milk products (Title II) as last amended by (EC) No. 1040/200084 |
Oils/Fats | Regulation No. 136/66/EEC85 of the Council on the establishment of a common organisation of the market in oils and fats (Articles 13 to 20, 28 and 29) as last amended by (EC) No. 1513/200186 |
Oilseeds/Seeds | (EEC) No. 2358/7187 on the common organisation of the market in seeds (Articles 4, 5 and 7) as last amended by (EC) No. 3290/9488 |
Pigmeat | (EEC) No. 2759/7589 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/200090 |
Poultrymeat | (EEC) No. 2777/7591 on the common organisation of the market in poultrymeat as last amended by (EC) No. 806/200392 |
Processed Goods | (EC) No. 3448/9393 laying down the trader arrangements applicable to certain goods resulting from the processing of agricultural products as last amended by (EC) No. 2580/200094 |
Rice | (EC) No. 3072/9595 on the common organisation of the market in rice (Title II) as last amended by (EC) No. 192/9896 |
Sheepmeat and Goatmeat | (EC) No. 2529/200197 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/200398 |
Sugar, Isoglucose and Insulin Syrup | (EC) No. 1260/200199 on the common organisation of the markets in the sugar sector (Title II) |
Tobacco | (EEC) No. 2075/92100 on the common organisation of the market in raw tobacco as last amended by (EC) No. 806/2003101 |
Whisky refunds | (EEC) No. 1766/92102 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002103 |
Wine | (EC) No. 1493/1999104 on the common organisation of the market in wine (Title VII) |
These Regulations enable the National Assembly for Wales (“the National Assembly”) to establish a procedure for the further consideration of an initial determination made under any of the Common Agricultural Policy (“CAP”) support schemes listed in the Schedule to the Regulations. An appeal system for CAP support schemes administered under the Integrated Administration and Control System (“IACS”) has already been established by the National Assembly under the Agricultural Subsidies (Appeals) (Wales) Regulations 2001 (S.I. 2001 No. 2537 (W.212)).
The procedure will operate by way of appeal from the initial determination made in relation to the appellant in respect of the administration of any of the Schemes listed in the Schedule to these Regulations (regulation 4). The procedure may take the form of consideration by persons appointed by the National Assembly with a view to their making a recommendation to it as to how the matter should be determined.
The Regulations confer power to pay remuneration and allowances to any such persons appointed, and to charge a fee in respect of the costs of the procedure.
A Regulatory Appraisal has been prepared in respect of these Regulations. Copies of this can be obtained from The National Assembly for Wales, Agriculture Department, Crown Buildings, Cathays Park, Cardiff, CF10 3NQ.