The Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) (Amendment) Regulations 2014

Welsh Statutory Instruments

2014 No. 2367 (W. 230)

Agriculture, Wales

The Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) (Amendment) Regulations 2014

Made

5 September 2014

Laid before the National Assembly for Wales

5 September 2014

Coming into force

26 September 2014

The Welsh Ministers are designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union.

The Welsh Ministers make these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

Title, application and commencement E+W

1.—(1) The title of these Regulations is the Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) (Amendment) Regulations 2014.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 26 September 2014.

Commencement Information

I1 Reg. 1 in force at 26.9.2014, see reg. 1(3)

Amendment to the Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014 E+W

2.—(1) The Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014(3) are amended as follows.

(2) In regulation 2(1)—

(a) delete the definition of “arable crops” (“cnydauâr”);

(b) in the definition of “provisional payment region classification” (“dosbarthiadrhanbarthautaludrosdro”), after “reference parcel” in the first place it appears insert “, or an area of land within a reference parcel,”;

(c) after the definition of “provisional payment region classification” (“dosbarthiadrhanbarthautaludrosdro”) insert—

““semi-natural upland vegetation” (“llystyfiantucheldirollled-naturiol”) means those species listed in the Schedule;”.

(3) In regulation 3(2)—

(a) for paragraph (c) of the definition of “moorland” (“rhostir”) substitute—

“(c) has 50% or more semi-natural upland vegetation, or is comprised of 50% or more rock outcrops and semi-upland vegetation used primarily for rough grazing.”

(b) delete paragraph (d) of the definition of “moorland” (“rhostir”);

(c) delete paragraph (e) of the definition of “moorland” (“rhostir”);

(d) in the definition of “the severely disadvantaged area” (“yr ardaldananfantaisddifrifol”), after “which” insert “is not moorland and”.

(4) For the Schedule (Improved Agricultural Species) substitute the Schedule to these Regulations.

Commencement Information

I2 Reg. 2 in force at 26.9.2014, see reg. 1(3)

Rebecca Evans

Deputy Minister for Agriculture and Fisheries under authority of the Minister for Economy, Science and Transport, one of the Welsh Ministers

5 September 2014

Regulation 2(1)

SCHEDULE E+W Species of semi-natural upland vegetation

Commencement Information

I3 Sch. in force at 26.9.2014, see reg. 1(3)

Bent grass	(Agrostis spp.)
Fescue	(Festucaspp.)
Wavy hair-grass	(Deschampsiaflexuosa)
Blue moor-grass	(Sesleriaalbicans)
Purple moor-grass	(Moliniacaerulea)
Mat-grass	(Nardusstricta)
Bracken	(Pteridiumaquilinum)
Heather	(Callunavulgaris; Erica spp.)
Bilberry	(Vacciniummyrtillus)
Crowberry	(Empetrumnigrum)
Gorse	(Ulexspp)
Cotton-grass	(Eriophorumspp.)
Deer-grass	(Trichophorumcespitosum)
Heath rush	(Juncussquarrosus)
Bog moss	(Sphagnum spp.)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Common Agricultural Policy Basic Payment Scheme (Provisional Payment Region Classification) (Wales) Regulations 2014 (S.I. 2014/1835)(W. 189) (“the Principal Regulations”).

Regulation 2(2) amends regulation 2(1) of the Principal Regulations by deleting the definition of arable crops, amending the definition of provisional payment region classification and inserting a definition of semi-natural upland vegetation.

Regulation 2(3) amends the definition of moorland and severely disadvantaged area in the Principal Regulations.

Regulation 2(4) replaces the Schedule of the Principal Regulations with a new Schedule with a list of species of semi-natural upland vegetation.

A Regulatory Impact Assessment of the effects of these Regulations on the costs of business, in relation to farm businesses in Wales, has been prepared in respect of these Regulations. Copies can be obtained from the Department of Sustainable Futures, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

(1)

S.I. 2010/2690.

(2)

1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006.

(3)

S.I. 2014/1835 (W. 189).