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Welsh Statutory Instrument 2006 No. 2831 (W.252)The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 2831 (W.252)AGRICULTURE, WALESThe Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2006
The National Assembly for Wales, being 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 Community, in exercise of the powers conferred upon it by that section makes the following Regulations: Title, commencement and application 1.—(1) The title of these Regulations is the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2006. (2) These Regulations come into force on 1 November 2006. (3) These regulations apply in relation to Wales. Amendment of the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004 2.The Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) Regulations 2004[3] are amended as follows— (1) In regulation 2(1) (Interpretation)—
(c) at the end of the definition of "the Council Regulation" add the words ", as last amended by Commission Regulation (EC) No 1156/2006[5]". (2) Omit regulation 2(2).
(b) because, as a result of maintenance of a pipeline, cable or pylon being carried out or to be carried out under statutory authority on the land, he or she is unable to ensure that the standard is met; (c) in the interest of human or animal health or safety; or (d) because such an exemption is necessary, either to enable a serious cause of harm to plant health or serious infestation of any pest or specified weed to be treated, or to permit measures to be taken to prevent the development of any such cause of harm or infestation. (4) In relation to land set aside pursuant to Article 54 or 55(b) of the Council Regulation, a farmer is exempt from a standard in the Schedule if the farmer satisfies the National Assembly that the farmer should be exempt from it on any of the grounds specified in sub-paragraph (a) to (g) of regulation 4(5) of the Common Agricultural Policy Single Payment Scheme (Set-aside) (Wales) Regulations 2005[6]". (4) In regulation 5 (Permanent Pasture), after 5(2) insert—
(b) require a farmer to reconvert land where the farmer turned that land into permanent pasture in the circumstances mentioned in Article 4(3) of the Commission Regulation and later converted it out of permanent pasture.". (5) For regulation 6 (Competent Control Authority and Relevant Authorities) substitute—
6.—(1) Subject to paragraph (2), for the purposes of the designation in Article 42(2) of the Commission Regulation, the National Assembly is responsible for carrying out the controls in relation to cross-compliance requirements and standards. (2) For the purposes of Article 42(1) of the Commission Regulation, the Secretary of State is the specialised control body who bears the responsibility of carrying out the controls in respect of statutory management requirements under numbers 10, 13 ,14 and 15 of Annex III to the Council Regulation. (3) The National Assembly and the Secretary of State may, in respect of the standards for which they are responsible, require a relevant authority to carry out controls or checks for the purposes of Article 9 and Chapter I and Chapter III of Title III of the Commission Regulation. (4) A relevant authority which has been required by the National Assembly or the Secretary of State to carry out the controls referred to in paragraph (3) must—
(b) where, in the course of its other activities, it considers that there has been a non-compliance, notify the person or body responsible under paragraph (1) or (2) of this regulation for carrying out controls in relation to that non-compliance. (5) The functions conferred on the Countryside Council by paragraphs (3) and (4) are to be treated for the purposes of section 132(2), section 133 and paragraphs 19 and 20 of Schedule 6 to the Environment Protection Act 1990[7] as though they were conferred on the Countryside Council under section 132 of that Act.
(b) The Countryside Council.". (6) In paragraph 12(1) (Hedgerows) of the Schedule, for "or (4)" substitute ",(4) or (5)".
(8) After paragraph 20 (Sites of special scientific interest) of the Schedule, insert a new paragraph—
(This note is not part of the Regulations) These Regulations amend the Common Agricultural Policy Single Payment and Support Schemes (Cross Compliance) (Wales) (Amendment) Regulations 2004 ("the Principal Regulations"). Regulation 2(5) amends regulation 6 of the Principal Regulations, as regards the designation of Competent Control Authorities which are responsible for carrying out controls in relation to cross-compliance requirements and standards. Regulation 2 also makes amendments to the principal Regulations to: — update references to the Community instruments in those Regulations to references to the Community instruments as amended at the date these Regulations are made; — correct certain drafting errors in the Regulations; and — make minor and technical amendments to the Regulations. A Regulatory Appraisal has been prepared in respect of these Regulations and is available from the Department for Environment, Planning and Countryside, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ. Notes: [1]S.I. 2005/2766.back [2]1972 c.68.back [3]S.I. 2004/3280 (W.284).back [4]OJ L 214, 4.8.2006back [5]OJ L 208, 29.7.2006, p. 3—14back [6]S.I. 2005/45 (W. 4).back [7]1990 c. 43.back [8]1998 c.38.back ISBN0 11 091427 9 -- Back --
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