Contents
- 1 Title, application and commencement
- 2 Interpretation
- 3 Minimum eligible area of holding
- 4 Date on which eligible land must be at farmer's disposal
- 5 Maintenance of an agricultural area in a state suitable for grazing or cultivation
- 6 Minimum agricultural activity on land naturally kept in a state suitable for grazing or cultivation
- 7 Short rotation coppice
- 8 Young farmers
- 9 Active farmers
- 10 Basic Payment Scheme entitlements
- 11 Transfer of entitlements
- 12 Transfer of holding
- 13 Non-agricultural activities
- 14 Crop diversification
- 15 Permanent grassland
- 16 Ecological focus areas
- 17 Revocations and savings
- 18 National reserve
- 19 Payment for agricultural practices beneficial for the climate and the environment
- Schedule Non-agricultural activities
1Title, application and commencement#
(1)The title of these Regulations is the Common Agricultural Policy Basic Payment and Support Schemes (Wales) Regulations 2015.
(2)These Regulations apply in relation to Wales.
(3)These Regulations come into force on 14 May 2015.
2Interpretation#
(1)In these Regulations—• “non-native invasive weeds” (“chwyn goresgynnol estron”) means the following—• Japanese knotweed (Fallopia japonica)• Giant hogweed (Heracleum mantegazzianum)• Himalayan balsam (Impatiens glandulifera)• Rhododendron ponticum (Rhododendron ponticum);• “permanent grassland” (“glaswelltir parhaol”) has the same meaning given in Article 4(1)(h) of the Direct Payments Regulation but also includes land where native dwarf shrubs including those in the family Ericaceae (heathers) and the species Ulex gallii (western gorse), and/or native species in the families Juncaceae (rushes) and Cyperaceae (sedges), are predominant and can be grazed;• “single application” (“cais sengl”) means an application for direct payments in relation to area related aid schemes;• “the Direct Payments Delegated Regulation” (“y Rheoliad Taliadau Uniongyrchol Dirprwyedig”) means Commission Delegated Regulation (EU) No. 639/2014 supplementing the Direct Payments Regulation note;• “the Direct Payments Implementing Regulation” (“y Rheoliad Gweithredu Taliadau Uniongyrchol”) means Commission Implementing Regulation (EU) No. 641/2014 laying down rules for the application of the Direct Payments Regulation note;• “the Direct Payments Regulation” (“y Rheoliad Taliadau Uniongyrchol”) means 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 policy note;• “the European Regulations” (“y Rheoliadau Ewropeaidd”) means—(a) the Direct Payments Regulation;(b) the Direct Payments Delegated Regulation;(c) the Direct Payments Implementing Regulation; and(d) the Horizontal Implementing Regulation;• “the Horizontal Implementing Regulation” (“y Rheoliad Gweithredu Llorweddol”) means Commission Implementing Regulation (EU) No. 809/2014 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 compliance note.
(2)Terms used in these Regulations that are also used in any of the European Regulations have the meaning they bear in those Regulations.
(3)Any reference in these Regulations to an EU instrument is a reference to that instrument as amended from time to time.
3Minimum eligible area of holding#
(1)Subject to paragraph (2), for the purposes of Article 10(1) note... of the Direct Payments Regulation, no direct payments may be granted to a farmer where the eligible area of the holding for which the payments are claimed or due to be granted in accordance with Article 10(1) is less than 5 hectares.
(2)Direct payments may be granted to a farmer where the eligible area of the holding referred to in paragraph (1) is less than 5 hectares if in 2020 direct payments were claimed by or due to be granted to that farmer—
(a)before the application of Article 63 of Regulation (EU) No 1306/2013; and
(b)in respect of such a holding (as defined for the 2020 claim year)—
(i)situated in Wales and at least one other territory;
(ii)where the eligible area situated in Wales of that holding was less than 5 hectares; and
(iii)for which a payment was claimed or due to be granted in respect of the eligible area situated in Wales.
4Date on which eligible land must be at farmer's disposal#
In relation to any year in which the farmer makes a declaration in respect of parcels pursuant to Article 33(1) of the Direct Payments Regulation, the date on which those parcels must be at the farmer's disposal is the 15 May of that year.
5Maintenance of an agricultural area in a state suitable for grazing or cultivation#
For the purposes of Articles 4(1)(c)(ii) and 4(2)(a) of the Direct Payments Regulation and Article 4 of the Direct Payments Delegated Regulation, an agricultural area will be deemed to be maintained in a state suitable for grazing or cultivation where a farmer controls non-native invasive weeds and scrub on that area.
6Minimum agricultural activity on land naturally kept in a state suitable for grazing or cultivation#
For the purposes of Articles 4(1)(c)(iii) and 4(2)(b) of the Direct Payments Regulation and Article 5 of the Direct Payments Delegated Regulation, on agricultural areas naturally kept in a state suitable for grazing or cultivation, a farmer will be deemed to be carrying out the minimum activity where that—
(a)area is grazed at an annual stocking density of 0.01-0.05 livestock units per hectare; or
(b)farmer controls non-native invasive weeds and scrub on that area.
7Short rotation coppice#
For the purposes of Article 4(1)(k) note... of the Direct Payments Regulation—
(a)the list of planted tree species is—• Alder (Alnus spp)• Silver Birch (Betula pendula);• Hazel (Corylus avellana);• European Ash (Fraxinus excelsior);• Lime (Tilia cordata);• Sweet chestnut (Castanea sativa);• Sycamore (Acer pseudoplatanus);• Willow (Salix spp);• Poplar (Populus spp); and
(b)the maximum harvest cycle is 20 years.
8Young farmers#
(1)For the purposes of the payment calculation required by Article 50(6) of the Direct Payments Regulation, the number of entitlements a young farmer has activated in accordance with Article 32(1) of that Regulation will be multiplied by 25% of an amount calculated by dividing a fixed percentage of the national ceiling for the calendar year 2019 by the number of all eligible hectares declared on the single application for the claim year 2015.
(2)For the purpose of Article 50(9) of the Direct Payments Regulation, a single maximum limit of 25 is applicable to the number of eligible hectares declared by the farmer.
12Transfer of holding#
For the purposes of Article 8(3)(a) of the Horizontal Implementing Regulation, the period within which the transferee must inform the Welsh Ministers of the transfer and request payment of the aid or support, or both, is 30 days beginning with the first day after the date of the transfer.
13Non-agricultural activities#
(1)In accordance with Article 32(3) of the Direct Payments Regulation—
(a)non-agricultural activities which may be carried out on an agricultural area of a holding for a period of up to 28 days per calendar year are listed in Part 1 of the Schedule;
(b)areas which are classed as being predominantly used for non-agricultural activities are listed in Part 2 of the Schedule;
(c)any area where the principal purpose of the land is for recreational activities, or a non-agricultural activity listed in Part 1 of the Schedule, is not consistent with the land being considered as remaining in agricultural use.
14Crop diversification#
For the purposes of the first sub-paragraph of Article 40(1) of the Direct Payments Delegated Regulation, the relevant cultivation period in any year is 1 May to 15 July (both dates included).
16Ecological focus areas#
(1)
(2)
(3)
(a)
(b)
(4)
(a)the list of planted tree species that can be used for short rotation coppice is—• Alder (Alnus spp),• Silver Birch (Betula pendula),• Hazel (Corylus avellana),• European Ash (Fraxinus excelsior),• Lime (Tilia cordata),• Sweet chestnut (Castanea sativa),• Sycamore (Acer pseudoplatanus),• Willow (Salix spp),• Poplar (Populus spp); and
(b)
(i)a parent with care cares for one child only, and
(ii)that child dies,
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a)the list of nitrogen fixing crops is—• Alfalfa (Medicago sativa),• Bean (Phaseolus spp),• Bean (Vigna spp),• Birdsfoot trefoil (Lotus corniculatus),• Chickpea (Cicer spp),• Clover (Trifolium spp),• Faba bean (Vicia faba),• Lentil (Lens culinaris),• Lupin (Luninus spp),• Pea (Pisum spp),• Vetch (Vicia spp except Vicia faba),• Medick (Medicago lupulina),• Soybean (Glycine max),• Sweet clover (Melilotus albus),• Sainfoin (Onobrychus viciifolia); and
(b)
(6)
Schedule · Non-agricultural activities
Part 1 · Non- agricultural activities permitted on agricultural areas up to 28 days per calendar year
Part 2 · Areas classed as being predominantly used for non-agricultural activities
Contains public sector information licensed under the Open Government Licence v3.0.