2020 No. 473 (W. 109)

Agriculture, Wales

The Common Agricultural Policy (Payments to Farmers) (Coronavirus) (Wales) Regulations 2020

Made29 April 2020

Coming into force30 April 2020

Laid before the National Assembly for Wales 30 April 2020

The Welsh Ministers are designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to the common agricultural policy, and make these Regulations in exercise of the powers conferred by that section and in exercise of the powers conferred on them by Article 78(b) of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy3, and Article 34(5) of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy4, make the following Regulations.

Title, commencement, application and interpretation1.

(1)

The title of these Regulations is the Common Agricultural Policy (Payments to Farmers) (Coronavirus) (Wales) Regulations 2020.

(2)

These Regulations come into force on 30 April 2020.

(3)

These Regulations apply in relation to Wales.

(4)

In these Regulations, “claim year 2020” is to be interpreted in accordance with section 1(7) of the Direct Payments to Farmers (Legislative Continuity) Act 20205.

Amendment of Commission Implementing Regulation (EU) No. 809/20142.

For the purposes of claim year 2020, the Commission Implementing Regulation (EU) No. 809/2014 of 17 July 2014 laying down rules for the application of Regulation (EU) No. 1306/2013 of the European Parliament and of the Council with regard to the integrated administration and control system, rural development measures and cross compliance6 applies as if—

(a)

in Article 13(1), for “15 May each year” there were substituted “15 June 2020”;

(b)

in Article 15(2), for “31 May of the year concerned” there were substituted “30 June 2020”;

(c)

in Article 22(1), for “15 May of the relevant calendar year” there were substituted “15 June 2020”.

Amendment of Commission Implementing Regulation (EU) No. 641/20143.

For the purposes of claim year 2020, Article 8(1) of the Commission Implementing Regulation (EU) No. 641/2014 of 16 June 2014 laying down rules for the application of Regulation (EU) No. 1307/2013 of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy7 applies as if the words “prior to exit day” were omitted.

Amendment of the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 20144.

For the purposes of claim year 2020, regulation 3(1) of the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 20148 applies as if for “15th May”, in both places where it occurs, there were substituted “15 June 2020”.

Amendment of the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 20155.

For the purposes of claim year 2020, the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 20159 apply as if—

(a)

in regulation 10(1), for “15 May of the relevant calendar year” there were substituted “15 June 2020”;

(b)

in regulation 11(3), for the words “of the preceding calendar year” to the end, there were substituted “2019 to 15 May 2020”.

Lesley Griffiths

Minister for Environment, Energy and Rural Affairs, one of the Welsh Ministers

29 April 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 modifies the application of Commission Implementing Regulation (EU) No. 809/2014 (“Regulation 809/2014”) laying down rules for the application of Regulation (EU) No. 1306/2013 with regard to the integrated administration and control system, rural development measures and cross compliance for claim year 2020.

Article 13 of Regulation 809/2014 sets out the final date of submission of the single application, aid applications and payment claims. Regulation 2(a) modifies Article 13(1) so that for claim year 2020 the deadline is extended from 15 May 2020 to 15 June 2020.

Regulation 2(b) modifies Article 15(2) to extend the deadline for making amendments to a single application or payment claim from 31 May 2020 to 30 June 2020.

Regulation 2(c) modifies Article 22(1) so that the final date for submitting an application for the allocation or increase in value of payment entitlements aligns with the amended deadlines. This is extended from 15 May 2020 to 15 June 2020.

Regulation 3 modifies the application of Article 8(1) of Commission Implementing Regulation (EU) No. 641/2014 laying down rules for the application of Regulation (EU) No. 1307/2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy. This modification removes the reference to exit day.

Regulation 4 modifies the Common Agricultural Policy (Integrated Administration and Control System and Enforcement and Cross Compliance) (Wales) Regulations 2014 (“the 2014 Regulations”) for claim year 2020. Regulation 3(1) of the 2014 Regulations is modified to extend the deadline for submitting a single application, aid application or payment claim to the Welsh Ministers from 15 May 2020 to 15 June 2020.

Regulation 5 modifies the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015 (“the 2015 Regulations”) for claim year 2020. The 2015 Regulations make provisions in relation to the administration of Regulation (EU) No. 1307/2013.

Regulation 5(a) modifies regulation 10(1) of the 2015 Regulations to align the deadline for applications for allocation of payment entitlements under the basic payment scheme with the revised dates in Regulation 809/2014.

Regulation 5(b) modifies regulation 11(3) of the 2015 Regulations so that the deadline by which the transferor of payment entitlements must notify the Welsh Ministers of the transfer is extended from 30 April 2020 to 15 May 2020.

The Welsh Ministers’ Code of Practice on the carrying out of a Regulatory Impact Assessment was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.