Explanatory note

These Regulations amend the environmentally sensitive areas designation orders made under section 18 of the Agriculture Act 1986 designating areas in Wales as environmentally sensitive areas, which implement in part a zonal programme approved by the European Commission (“the Commission”) under Article 7 of Council Regulation (EEC) No. 2078/92 (OJ No. L215, 30.7.92, p. 85) (“the Agri-environment Regulation”) on agricultural production methods compatible with the requirements of protection of the environment and the maintenance of the countryside.

These Regulations make provision to implement Commission Regulation (EC) No. 746/96 (OJ No. L102, 25.4.96, p. 19) (“the Commission Regulation”) laying down detailed rules for the application of the Agri-environment Regulation), in particular Article 10 (which prevents duplication of aid under Community schemes in respect of an undertaking), Article 12 (force majeure) and Article 20 (which provides for recovery of wrongful payments with interest, a penalty system and exclusion for false declarations).

1. (a)

   clarify that entitlement to payment under the principal Regulations is subject to the provisions of Article 10 and Article 20(3) of the Commission Regulation.

2. (b)

   make provision to enable the Secretary of State to recover grant and impose penalties in accordance with Articles 12 and 20 of the Commission Regulation, and

3. (c)

   set a rate of interest where recovery of money is to include interest in accordance with Article 20(1) of the Commission Regulation.

These Regulations form part of a package submitted to the Commission under Article 23 of the Commission Regulation.

No Compliance Cost Assessment in relation to the Regulations has been prepared.