2004 No. 685 (W.73)

AGRICULTURE, WALES

The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Wales) Regulations 2004
Made
9th March 2004
Coming into force
1st April 2004
The National Assembly for Wales being designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Community, in exercise of the powers conferred upon it by that section, hereby makes the following Regulations —

Title and commencement
1
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.

Interpretation
2
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.

Application
3
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 procedure
4
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.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
John Marek
The Deputy Presiding Officer of the National Assembly
9th March 2004
SCHEDULE

SCHEMES IN RESPECT OF WHICH THE NATIONAL ASSEMBLY FOR WALES MAY ESTABLISH AN APPEALS PROCEDURE
Regulations 2 and 4(1)
Scheme | Council Regulation establishing the Scheme
GENERAL
Aid for Concentrated Grape Must | (EC) No. 1493/1999 on the common organisation of the market in wine (Article 34)
Aid for Dehydrated Fodder | (EC) No. 1786/2003 on the common organisation of the market in dried fodder
Apple Consumption Aid | (EC) No. 2826/2000 on information and promotion actions for agricultural products on the internal market
Beef Information Programme | (EC) No. 2826/2000 on information and promotion actions for agricultural products on the internal market (Articles 1 and 2)
Butter for Manufacture | (EC) No. 1255/1999 on the common organisation of the market in milk and milk products (Article 13(1)(c) — (d))
Butter for Non-Profit Making | (EC) No. 1255/1999 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. 1255/1999 on the common organisation of the market in milk and milk products (Article 12) (EEC) No. 2204/90 laying down additional general rules on the common as last amended by (EC) No.2583/2001 organisation of the market in milk and milk products as regards cheese
Casein Production Subsidy | (EC) No. 1255/1999 on the common organisation of the market in milk and milk products (Article 12)
Citrus Processing Aid | (EC) No. 2202/96 introducing a Community aid scheme for producers of certain citrus fruits (Article 1)
Concentrated Butter for Direct | (EC) No. 1255/1999 on the common organisation of the market in milk Consumption and milk products (Article 13(1)(e))
End Use Control of Certain | (EC) No. 2202/96 introducing a Community aid scheme for producers Fruit and Vegetables of certain citrus fruits (Article 30)
Fibres Processing Aid | (EC) No. 1673/2000 on the common organisation of the markets in flax and hemp grown for fibre as last amended by (EC) No. 1782/2003
Fish Carry-Over Aid | (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (Article 23)
Fish Flat-Rate Aid | (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (Article 24)
Fish Flat-Rate Premium | (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (Article 24)
Fish Private Storage Aid | (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (Article 25)
Fish Withdrawals Compensation | (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (Article 21)
Fresh Fruit and Vegetables | (EC) No. 2200/96 on the common organisation of the market in fruit and Withdrawals 2699/2000 vegetables (Articles 23 and 24) as last amended by (EC) No.
Fruit and Vegetable Operational | (EC) No. 2200/96 on the common organisation of the market in fruit Programme No.2699/2000 and vegetables (Articles 15 and 16) as last amended by (EC)
Fruit and Vegetable Producer | (EC) No. 2200/96 on the common organisation of the market in fruit Organisation Recognition 1881/2002 and vegetables (Articles 11 — 14) as last amended by (EC) No.
Grape Juice Aid | (EC) No. 1493/1999 on the common organisation of the market in wine (Article 35) as last amended by (EC) No. 2826/2000
Herbage Seed Production Aid | (EEC) No. 2358/71 of the Council on the common organisation of the market in seeds (Article 1) as last amended by (EEC) No. 3695/92 (EEC) No. 1674/72 of the Council laying down general rules for granting and financing aid for seed: (Article 1) as last amended by (EEC) No. 3795/85
Milk Quotas Scheme | (EC) No. 1788/2003 establishing a levy in the milk and milk products sector
Over Thirty Month Scheme | (EC) No. 1254/1999 on the common organisation of the market in beef and veal (Article 39)
Promotions to Internal Market | (EC) No. 2826/2000 on information and promotion actions for agricultural products on the internal market (Article 1)
Promotions to Third Countries | (EC) No. 2702/1999 on measures to provide information on, and to promote, agricultural products in third countries
School Milk Scheme | (EC) No. 1255/1999 on the common organisation of the market in milk and milk products (Article 14) as last amended by (EC) No.1787/2003
Selective Cull Scheme | (EC) No. 1254/1999 on the common organisation of the market in beef and veal (Article 39)
Skimmed Milk Powder for Animal Feed | (EC) No. 1255/1999 on the common organisation of the market in milk and milk products (Article 11)
Starch for Prescribed End Users | (EEC) No. 1766/92 on the common organisation of the market in cereals (Articles 7 and 8) as last amended by (EC) No.1253/1999
INTERVENTION SCHEMES
Beef | (EC) No. 1254/1999 on the common organisation of the market in beef and veal (Title I) as last amended by (EC) No. 1782/2003
Cereals | (EEC) No. 1766/92 on the common organisation of the market in cereals (Chapter 1 of Title I) as last amended by (EC) No. 1253/1999
Dairy | (EC) No. 1255/1999 on the common organisation of the market in milk and milk products (Chapter II) as last amended by (EC) No. 1787/2003 )
PRIVATE STORAGE AID SCHEMES
Beef | (EC) No. 1254/1999 on the common organisation of the market in beef and veal as last amended by (EC) No. 1782/2003
Dairy | (EC) No. 1255/1999 on the common organisation of the market in milk and milk products (Articles 9 and 10(b))
Pigmeat | (EEC) No. 2759/75 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/2000
Sheepmeat/Goatmeat | (EC) No. 2529/2001 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/2003
SUGAR, OILS and STARCH
Cane Sugar Refining | (EC) No. 1260/2001 on the common organisation of the markets in the sugar sector (Articles 35 and 38)
End Use Control of Certain | Regulation No. 136/66/EEC of the Council on the establishment of a Vegetable Oils amended by (EC) No. 3290/94 common organisation of the market in oils and fats (Title I) as last
Isoglucose Quotas and | (EC) No. 1260/2001 on the common organisation of the markets in the Production Levies sugar sector (Title I)
Olive Oil Production Aid | Regulation No. 136/66/EEC 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. 1513/2001
Production Refund on sugar | (EC) No. 1260/2001 on the common organisation of the markets in the used in the Chemical Industry sugar sector (Title I)
Starch Refunds — Cereals | (EEC) No. 1766/92 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002
Starch Refunds — Rice | (EC) No. 3072/95 on the common organisation of the market in rice (Article 7)
Sugar Quotas and Production Levies | (EC) No. 1260/2001 on the common organisation of the markets in the sugar sector (Title I)
EXTERNAL TRADE
Bananas | (EEC) No. 404/93 on the common organisation of the market in bananas as last amended by (EC) No. 2587/2001
Beef and Veal | (EC) No. 1254/1999 on the common organisation of the market in beef and veal (Article 1 and Title II)
Beef Import Tariff Quota | (EC) No. 1254/1999 on the common organisation of the market in beef and veal (Article 1 and Title II)
Cereals | (EEC) No. 1766/92 on the common organisation of the market in cereals (Title II) as last amended by (EC) No. 2377/2002
Eggs | (EEC) No. 2771/75 on the common organisation of the market in eggs as last amended by (EC) No. 806/2003
Ethyl Alcohol | (EC) No. 670/2003 laying down specific measures concerning the market in ethyl alcohol of agricultural origin (Article 4)
Fish | (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products (Title V)
Floriculture (live plants and flowers) | (EEC) No. 234/68 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. 806/2003
Fruit and Vegetables | (EC) No. 2200/96 on the common organisation of the market in fruit and vegetables: (Title V) as last amended by (EC) No. 2699/2000
Milk/Milk Products | (EC) No. 1255/1999 on the common organisation of the market in milk and milk products (Title II) as last amended by (EC) No. 1040/2000
Oils/Fats | Regulation No. 136/66/EEC 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. 1513/2001
Oilseeds/Seeds | (EEC) No. 2358/71 on the common organisation of the market in seeds (Articles 4, 5 and 7) as last amended by (EC) No. 3290/94
Pigmeat | (EEC) No. 2759/75 on the common organisation of the market in pigmeat as last amended by (EC) No. 1365/2000
Poultrymeat | (EEC) No. 2777/75 on the common organisation of the market in poultrymeat as last amended by (EC) No. 806/2003
Processed Goods | (EC) No. 3448/93 laying down the trader arrangements applicable to certain goods resulting from the processing of agricultural products as last amended by (EC) No. 2580/2000
Rice | (EC) No. 3072/95 on the common organisation of the market in rice (Title II) as last amended by (EC) No. 192/98
Sheepmeat and Goatmeat | (EC) No. 2529/2001 on the common organisation of the market in sheepmeat and goatmeat as last amended by (EC) No. 1782/2003
Sugar, Isoglucose and Insulin Syrup | (EC) No. 1260/2001 on the common organisation of the markets in the sugar sector (Title II)
Tobacco | (EEC) No. 2075/92 on the common organisation of the market in raw tobacco as last amended by (EC) No. 806/2003
Whisky refunds | (EEC) No. 1766/92 on the common organisation of the market in cereals (Article 13) as last amended by (EC) No. 2377/2002
Wine | (EC) No. 1493/1999 on the common organisation of the market in wine (Title VII)
(This note is not part of the Regulations)
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.
By virtue of the European Communities (Designation) (No.3) Order 1999 (S.I. 1999/2788).
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