The Closure of European Union Legacy Agriculture Schemes (Wales) Regulations 2026

Welsh Statutory Instruments

2026 No. 44

RETAINED EU LAW REFORM, WALES

AGRICULTURE, WALES

The Closure of European Union Legacy Agriculture Schemes (Wales) Regulations 2026

Made

11 February 2026

Coming into force

16 February 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 23 and 50(3) of the Agriculture (Wales) Act 2023(1) and section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023(2).

The Welsh Ministers are the relevant national authority for the purposes of section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023(3).

In accordance with the Senedd approval procedure applied by section 50(6) of the Agriculture (Wales) Act 2023, a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru(4).

Part 1 Introductory

Title, coming into force and application

1.—(1) The title of these Regulations is the Closure of European Union Legacy Agriculture Schemes (Wales) Regulations 2026.

(2) These Regulations come into force on 16 February 2026.

(3) These Regulations apply in relation to Wales.

Part 2 Closure of Fruit and Vegetables Aid Scheme

Amendment of Regulation (EU) No 1308/2013

2.  In Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products(5), Articles 32 to 38 are revoked in relation to Wales.

Part 3 Closure of Public Intervention Schemes and Private Storage Aid Schemes

Amendment of Regulation (EU) No 1306/2013

3.—(1) Regulation (EU) No 1306/2013 of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy(6) is amended as follows.

(2) In Article 7 (designation of paying agencies and coordinated action by relevant authorities), after paragraph 5B insert—

“5C. Paragraph 5 does not apply in relation to public intervention schemes in Wales.”

(3) In Article 8 (commission powers), after paragraph 1B insert—

“1C. Paragraph 1 does not apply in relation to public intervention schemes in Wales.”

(4) In Article 20 (public intervention expenditure), after paragraph 3B insert—

“3C. This Article does not apply in relation to public intervention schemes in Wales.”

(5) In Article 46 (powers), after paragraph 8 insert—

“9. This Article does not apply in relation to public intervention schemes in Wales.”

(6) In Article 62 (powers as regards checks), after paragraph 4 insert—

“5. Point (i) of paragraph 2 does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

Amendment of Regulation (EU) No 1308/2013

4.—(1) Regulation (EU) No 1308/2013(7) of the European Parliament and of the Council is amended as follows.

(2) In Article 9 (origin of eligible products), at the end insert—

“This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(3) In each of Articles 11 (products eligible for public intervention) and 12 (public intervention periods), at the end insert—

“This Article does not apply in relation to public intervention schemes in Wales.”

(4) In Article 13 (public intervention), after paragraph 7 insert—

“8. This Article does not apply in relation to public intervention schemes in Wales.”

(5) In Article 14 (buying-in at a fixed price or tendering), at the end insert—

“This Article does not apply in relation to public intervention schemes in Wales.”

(6) In Article 15 (public intervention price), after paragraph 4 insert—

“5. This Article does not apply in relation to public intervention schemes in Wales.”

(7) In Article 16 (general principles on disposal from public intervention), after paragraph 5 insert—

“6. This Article does not apply in relation to public intervention schemes in Wales.”

(8) In Article 17 (eligible products), at the end, insert—

“This Article does not apply in relation to private storage aid schemes in Wales.”

(9) In Article 18 (conditions for granting aid), after paragraph 2 insert—

“2A. This Article does not apply in relation to private storage aid schemes in Wales.”

(10) In Article 19 (delegated powers), after paragraph 8 insert—

“9. This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(11) In Article 20 (implementing powers in accordance with the examination procedure), at the end insert—

“This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

Council Regulation (EU) No 1370/2013

5.—(1) Council Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products(8) is amended as follows.

(2) In each of Articles 1a (reference thresholds) and 2 (public intervention prices), after paragraph 5 insert—

“6.  This Article does not apply in relation to public intervention schemes in Wales.”

(3) In Article 3 (buying-in prices and applicable quantitative limitations), after paragraph 4B insert—

“4C. This Article does not apply in relation to public intervention schemes in Wales.”

(4) In Article 4 (aid for private storage), after paragraph 2 insert—

“3. This Article does not apply in relation to private storage aid schemes in Wales.”

Revocation of Commission Delegated Regulation (EU) No 906/2014

6.  Commission Delegated Regulation (EU) No 906/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to public intervention expenditure(9) is revoked in relation to Wales.

Amendment of Commission Delegated Regulation (EU) No 907/2014

7.—(1) Commission Delegated Regulation (EU) No 907/2014 supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, securities and use of euro(10) is amended as follows.

(2) In Article 3 (obligations of the paying agency as regards public intervention), after paragraph 4B insert—

“4C. This Article does not apply in relation to public intervention schemes in Wales.”

(3) In Article 4 (inventory), after paragraph 4 insert—

“5. This Article does not apply in relation to public intervention schemes in Wales.”

(4) In Article 29 (production refunds and specific types of aid)—

(a) after paragraph 3B insert—

“3C. Paragraph 3 does not apply in relation to Wales.”;

(b) after paragraph 4B insert—

“4C. In relation to Wales, paragraph 4 is to be read as if for “paragraphs 2 and 3” there were substituted “paragraph 2”.”

(5) In Article 36 (other amounts and prices), at the end insert—

“This Article does not apply in relation to public intervention schemes in Wales.”

(6) In Article 40 (determination of the exchange rate), at the end insert—

“Point (b) of the second paragraph does not apply in relation to public intervention schemes in Wales.”

(7) In Annex 2 (obligations of the paying agencies and physical inspection procedures), after point ZB insert—

“ZC. This Annex does not apply in relation to public intervention schemes in Wales.”

(8) In Annex 3 (obligations and general principles relating to storers’ responsibilities, to be included in storage contracts concluded between paying agencies and storers), at the beginning insert—

“This Annex does not apply in relation to public intervention schemes in Wales.”

(9) In Annex 4 (tolerance limits), after paragraph A2 insert—

“A3.  This Annex does not apply in relation to public intervention schemes in Wales.”

Amendment of Commission Implementing Regulation (EU) No 908/2014

8.—(1) Commission Implementing Regulation (EU) No 908/2014 laying down rules for the application of Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to paying agencies and other bodies, financial management, clearance of accounts, rules on checks, securities and transparency(11) is amended as follows.

(2) In Article 11 (general rules on the declaration of expenditure and on assigned revenue), after paragraph 5B insert—

“5C.  This Article does not apply in relation to public intervention schemes in Wales.”

(3) In each of Articles 12 (special rules on declarations of expenditure relating to public storage), 16 (content of the public storage accounts to be kept by paying agencies) and 18 (dates for entering expenditure and revenue and product movements in the accounts for public intervention), after paragraph 4 insert—

“5.  This Article does not apply in relation to public intervention schemes in Wales.”

(4) In Article 17 (accounting related to public intervention), after paragraph 2B insert—

“2C.  This Article does not apply in relation to public intervention schemes in Wales.”

(5) In Annex 13 (measures referred to in Article 57), after paragraph 2B insert—

“2C.  In relation to public intervention schemes in Wales, paragraph 2 is to be read as if the first and second indents were omitted.”

Amendment of Commission Delegated Regulation (EU) 2016/1238

9.—(1) Commission Delegated Regulation (EU) 2016/1238 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage(12) is amended as follows.

(2) In each of Articles 2 (eligibility of operators) and 3 (eligibility of products), after paragraph 5 insert—

“6.  This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(3) In Article 4 (security), at the end insert—

“This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(4) In Article 5 (release and forfeiture of security), after paragraph 11 insert—

“12.  This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(5) In Article 6 (intervention storage places), after paragraph 4 insert—

“5.  This Article does not apply in relation to public intervention schemes in Wales.”

(6) In Article 7 (requirements for storage places), after paragraph 5 insert—

“6.  This Article does not apply in relation to public intervention schemes in Wales.”

(7) In Article 8 (payment of aid for private storage), after paragraph 6 insert—

“7.  This Article does not apply in relation to private storage aid schemes in Wales.”

(8) In each of Annexes 1 (buying-in of cereals), 2 (buying-in of rice), 3 (buying-in of beef), 4 (buying-in of butter) and 5 (buying-in of skimmed milk powder), after point A2 insert—

“A3.  This Annex does not apply in relation to public intervention schemes in Wales.”

(9) In each of Annexes 6 (quality requirements for aid for private storage) and 7 (conditions applicable to operators submitting a tender for aid for private storage or an application for aid for private storage in the olive oil sector), at the beginning insert—

“This Annex does not apply in relation to private storage aid schemes in Wales.”

Amendment of Commission Implementing Regulation (EU) 2016/1240

10.—(1) Commission Implementing Regulation (EU) 2016/1240 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage(13) is amended as follows.

(2) In Article 2 (submission and admissibility of offers, tenders and applications), after paragraph 10 insert—

“11.  This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(3) In each of Articles 3 (intervention storage places), 15 (individual decisions on tenders), 17 (delivery order), 18 (specific provisions for the delivery of cereals and rice), 20 (specific provisions for the delivery of beef), 22 (delivery), 30 (submission and admissibility of tenders), 33 (individual decisions on tenders), 38 (removal of butter and skimmed milk powder) and 57 (specific provisions on checks relating to public intervention), after paragraph 5 insert—

“6.  This Article does not apply in relation to public intervention schemes in Wales.”

(4) In each of Articles 4 (establishing the eligibility of products), 5 (minimum quantities of products offered or tendered), 7 (submission and admissibility of offers and tenders), 8 (verification of offers and tenders by the paying agency), 11 (measures for respecting the quantitative limitations), 13 (submission and admissibility of tenders), 14 (decisions on the buying-in price), 23 (the takeover record), 26 (price adjustments for cereals and rice), 27 (payments), 32 (decisions on the selling price), 37 (removal order), 58 (specific provisions on checks relating to public intervention for cereals and rice) and 59 (specific provisions for the takeover in storage place of the storekeeper for cereals and rice), after paragraph 4 insert—

“5.  This Article does not apply in relation to public intervention schemes in Wales.”

(5) In each of Articles 6 (level of the security for buying-in of products), 10 (submission of offers for buying-in of common wheat, butter and skimmed milk powder at fixed price), 16 (limitation of buying-in for beef), 24 (obligations of the operator), 25 (deboning requirement for beef) and 35 (payments), at the end insert—

“This Article does not apply in relation to public intervention schemes in Wales.”

(6) In each of Articles 12 (tendering procedure), 28 (opening of the tendering procedure) and 34 (specific rules for the allocation of beef, butter and skimmed milk powder), after paragraph 7 insert—

“8.  This Article does not apply in relation to public intervention schemes in Wales.”

(7) In Article 19 (transport costs for cereals and rice), after paragraph 1B insert—

“1C.  This Article does not apply in relation to public intervention schemes in Wales.”

(8) In each of Articles 21 (specific provisions for the packing, delivery and storage of butter and skimmed milk powder), 29 (notice of invitation to tender and arrangements related to the invitation to tender), 36 (sales by the paying agency) and 65 (notifications of information on intervention stocks), after paragraph 6 insert—

“7.  This Article does not apply in relation to public intervention schemes in Wales.”

(9) In Article 39 (opening of tendering procedures and fixing aid in advance), after paragraph 1C insert—

“1D.  This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(10) In Article 40 (submission and admissibility of tenders and applications for aid for private storage), at the end insert—

“This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(11) In Article 41 (verification of tenders and applications by the paying agency), after paragraph 2 insert—

“3. This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(12)  In each of Articles 43 (decisions on the maximum amount of aid for private storage), 44 (individual decisions on tenders), 45 (decisions on applications for aid for private storage fixed in advance), 47 (placing into storage of products not yet in storage), 53 (removal from storage) and 61 (reporting of checks), after paragraph 3 insert—

“4.  This Article does not apply in relation to private storage aid schemes in Wales.”

(13) In each of Articles 46 (information related to the place of private storage for products not yet in storage), 49 (conclusion of contracts), 51 (elements of the contract), 54 (application for payment of aid for private storage) and 55 (payment of aid for private storage), at the end insert—

“This Article does not apply in relation to private storage aid schemes in Wales.”

(14) In Article 48 (contractual storage period), after paragraph 2 insert—

“3. This Article does not apply in relation to private storage aid schemes in Wales.”

(15) In Article 52 (obligations of the operator), after paragraph 5 insert—

“6.  This Article does not apply in relation to private storage aid schemes in Wales.”

(16) In Article 56 (general provisions on checks relating to public intervention and aid for private storage), after paragraph 6 insert—

“7.  This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(17) In Article 60 (specific provisions on checks relating to aid for private storage), after paragraph 7 insert—

“8. This Article does not apply in relation to private storage aid schemes in Wales.”

(18) In Article 60a (specific provision on checks relating to public intervention and aid for private storage for milk and milk products), after paragraph 5 insert—

“6. This Article does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

(19) In Article 62 (penalties and administrative measures in relation to aid for private storage), after paragraph 4 insert—

“5. This Article does not apply in relation to private storage aid schemes in Wales.”

(20) In each of Annexes 1 (cereals), 2 (rice), 3 (beef), 4 (butter) and 5 (skimmed milk powder), after point A2 insert—

“A3.  This Annex does not apply in relation to public intervention schemes in Wales.”

(21) In each of Annexes 6 (methods of analysis of butter under private storage), 7 (methods of analysis of skimmed milk powder under private storage) and 8 (methods of analysis of cheeses under private storage), at the beginning insert—

“This Annex does not apply in relation to private storage aid schemes in Wales.”

(22) In the Appendix to Annex 9 (evaluation of compliance of a consignment with the legal limit), at the beginning insert—

“This Appendix does not apply in relation to public intervention schemes or private storage aid schemes in Wales.”

Huw Irranca-Davies

Deputy First Minister and Cabinet Secretary for Climate Change and Rural Affairs, one of the Welsh Ministers

11 February 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations close European Union Legacy Agriculture Schemes in Wales.

Part 2 closes the fruit and vegetables aid scheme, established under Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products.

Part 3 amends provisions in assimilated law which relate to public intervention schemes and private storage aid schemes so that they no longer apply in relation to Wales.

Regulation 6 revokes Delegated Regulation (EU) 906/2014 in relation to Wales.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

(1)

2023 asc 4.

(2)

2023 c. 28.

(3)

The term “relevant national authority” is defined in section 21(1) of the Retained EU Law (Revocation and Reform) Act 2023.

(4)

Section 37G of the Legislation (Wales) Act 2019 (anaw 4) makes provision as to the procedure which applies where subordinate legislation is to be made by Welsh statutory instrument that would otherwise be subject to two or more different Senedd procedures. By virtue of section 37G, the Senedd approval procedure applies to these Regulations.

(5)

EUR 2013/1308; amended by EUR 2017/2393, S.I. 2019/821, S.I. 2019/831 and S.I. 2019/1442; there are other amending instruments, but none is relevant to these Regulations.

(6)

EUR 2013/1306; amended by S.I. 2019/748, S.I. 2019/763, S.I. 2019/1402, S.I. 2020/90, S.S.I. 2020/349, S.I. 2020/576, S.I. 2021/400 (W. 129), S.I. 2023/124 and S.S.I. 2023/150; there are other amending instruments, but none is relevant to these Regulations.

(7)

EUR 2013/1308; amended by S.I. 2019/821, S.I. 2019/831, Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (asp 17), Agriculture Act 2020 (c. 21), S.S.I. 2022/361, S.I. 2023/124, S.S.I. 2023/150 and Agriculture (Wales) Act 2023 (asc 4); there are other amending instruments, but none is relevant to these Regulations.

(8)

EUR 2013/1370; amended by EUR 2016/2145, EUR 2018/1554, S.I. 2019/821, S.I. 2019/831, S.I. 2019/1422, S.I. 2023/124 and S.S.I. 2023/150; there are other amending instruments, but none is relevant to these Regulations.

(9)

EUR 2014/906; amended by S.I. 2019/748, S.I. 2019/765, S.I. 2023/124 and S.S.I. 2023/150.

(10)

EUR 2014/907; amended by S.I. 2019/765, S.I. 2023/124 and S.S.I. 2023/150; there are other amending instruments, but none is relevant to these Regulations.

(11)

EUR 2014/908; amended by S.I. 2019/765, S.I. 2020/90, S.I. 2020/1556 (W. 328), S.I. 2023/124 and S.S.I. 2023/150; there are other amending instruments, but none is relevant to these Regulations.

(12)

EUR 2016/1238; amended by EUR 2018/149, S.I. 2019/823, S.I. 2023/124, S.S.I. 2023/150 and S.I. 2025/82; there are other amending instruments but none is relevant to these Regulations.

(13)

EUR 2016/1240; amended by EUR 2018/150, S.I. 2019/823, S.I. 2019/831, S.I. 2023/124 and S.S.I. 2023/150; there are other amending instruments, but none is relevant to these Regulations.