Welsh Ministers have made the Closure of European Union Legacy Agriculture Schemes (Wales) Regulations 2026 (WSI 2026/44). The instrument was made on 11 February 2026 and, following Senedd approval, comes into force on 16 February 2026. It applies in relation to Wales only and is presented as part of the government’s retained EU law reform programme.
The regulations close three EU‑era market support mechanisms: the fruit and vegetables producer organisation aid scheme, public intervention and private storage aid. In practice, these measures allowed state-backed buying-in or subsidised storage of products such as cereals, rice, beef, butter and skimmed milk powder when prices fell sharply, and provided co‑funded operational programmes for recognised horticulture producer organisations.
The legal basis is section 23 and section 50(3) of the Agriculture (Wales) Act 2023, alongside section 14(1) of the Retained EU Law (Revocation and Reform) Act 2023. The approval procedure in section 50(6) of the 2023 Act applied, with the result that a draft was laid and approved by resolution of Senedd Cymru. The effect is to disapply, in relation to Wales, relevant provisions of assimilated EU law, including elements of Regulations (EU) 1308/2013, 1306/2013 and 1370/2013, and to revoke Commission Delegated Regulation (EU) 906/2014 for Wales.
For horticulture, the regulations revoke fruit and vegetable aid provisions in the Common Organisation of the Markets regulation, including the producer organisation operational fund framework. The Welsh Government’s explanatory memorandum, published on 20 January 2026, records that there have been no Welsh applications to this scheme since its creation in 1996 and that there are currently no recognised producer organisations headquartered in Wales.
For public intervention and private storage aid, the instrument switches off mechanisms that have not been used in Wales since at least 2000, according to the same memorandum. These mechanisms historically underpinned market withdrawals or temporary storage in response to price falls but would now require significant administrative systems, storage contracts and specialist staff to operate. The Rural Payments Agency has confirmed it will no longer run such schemes on behalf of devolved governments from 2026, necessitating new Welsh delivery infrastructure were they to be retained.
The Welsh Government’s regulatory impact assessment concludes that closing all three schemes avoids material set‑up and running costs, reduces financial risk to the public purse and has no meaningful impact on farm or processing businesses because the tools are unused in Wales. A consultation held from 2 June to 25 August 2025 received three responses, two in support of closure and one not addressing the substance; respondents cited complexity and limited relevance to Welsh horticulture.
In terms of market resilience, Ministers point to powers in the Agriculture (Wales) Act 2023 to provide direct support to farm businesses in exceptional market conditions. The government argues this route is more targeted and administratively efficient for crisis response than maintaining dormant intervention and storage aid frameworks designed for the former EU regime.
The regulations also form part of the transition to the Sustainable Farming Scheme (SFS). Welsh Government guidance confirms the SFS commenced on 1 January 2026, with Single Application Form windows opening on 2 March and closing on 15 May 2026. Farmers may opt into SFS or remain in the Basic Payment Scheme during transition, with BPS tapered by 40% in 2026 and 20% in each of 2027 and 2028.
For producers and traders, the immediate operational effect is limited. No fruit and vegetable producer organisation can now be recognised in Wales for EU‑style operational programmes, and there will be no state‑run buying‑in or subsidised storage in the Welsh market. Businesses should plan on the basis that any future crisis support would be delivered through bespoke Welsh direct payments rather than commodity‑specific intervention stocks.
Senedd scrutiny has noted drafting points. The Legislation, Justice and Constitution Committee meeting of 2 February 2026 recorded five technical and two merits reporting points, including queries about references to ‘relevant national authority’ and insertion approaches for EU text. The regulations nonetheless proceeded under the approval procedure and were made on 11 February 2026.
The Welsh Government has published an explanatory memorandum and integrated impact assessment alongside the instrument. These documents underline that closure aligns policy with actual scheme usage in Wales, streamlines the statute book by removing unused assimilated EU provisions and clarifies the route for any future emergency support under domestic law.
The bottom line for policy and delivery is clarity: the last EU‑style market support levers are now closed in Wales from 16 February 2026. Stakeholders should rely on SFS for ongoing support and look to direct‑payment powers under the 2023 Act for any emergency response the government may deploy in future.