Agriculture Bill (HC Bill 266)

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(i) of a specified amount, or

(ii) of an amount calculated in a specified manner, or

(iii) of an amount, not exceeding a specified maximum or a
maximum calculated in a specified manner, decided by a
5specified person or a person of a specified description, or

(iv) by way of suspending, or withholding, payment of any
amounts;

(b) provision for recovery of amounts due in respect of monetary
penalties, including provision for any of interest, set-off and security
10for payment;

(c) provision about the giving of advice or warnings;

(d) provision for the imposition of restrictions (including prohibitions)
on carrying out activities;

(e) provision for the acceptance of undertakings to take, or refrain from
15taking, particular actions;

(f) provision giving persons functions in connection with enforcement
of requirements;

(g) provision about review of, or appeals against, things done (including
decisions made) in connection with enforcement of requirements.

(5) 20In sub-paragraph (4)(a) “specified manner” includes (in particular) a manner
framed by reference to a specified matter such as a person’s profits, income
or turnover.

(6) Regulations under this paragraph are subject to affirmative resolution
procedure.

25Part 4 Intervention in agricultural markets

Declaration relating to exceptional market conditions

16 (1) The Welsh Ministers may make and publish a declaration in accordance
with this paragraph if the Welsh Ministers consider that there are
30exceptional market conditions which justify making the powers conferred
by or referred to in paragraph 17 available for use.

(2) In this Part “exceptional market conditions” may exist where—

(a) there is a severe disturbance in agricultural markets or a serious
threat of a severe disturbance in agricultural markets, and

(b) 35the disturbance or threatened disturbance has, or is likely to have, a
significant adverse effect on agricultural producers in Wales in terms
of the prices achievable for one or more agricultural products.

(3) A declaration must—

(a) state that the Welsh Ministers consider that there are exceptional
40market conditions which justify making the declaration,

(b) describe the exceptional market conditions in question, in particular
by specifying—

(i) the disturbance or threatened disturbance in agricultural
markets,

(ii) 45any agricultural product which is or is likely to be affected by
the disturbance or threatened disturbance, and

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(iii) the grounds for considering that the conditions in sub-
paragraph (2)(a) and (b) are met in relation to that
disturbance or threatened disturbance, and

(c) describe the grounds for considering that the exceptional market
5decisions justify making the powers conferred by or referred to in
paragraph 17 available for use; and

(d) state that the powers conferred by or referred to in paragraph 17 are
(unless the declaration is revoked sooner) available for use in
relation to the exceptional market conditions until such day as the
10declaration may specify.

(4) A declaration has effect from when it is published until the end of the day
specified under sub-paragraph (3)(d) (which may not be later than the last
day of the period of three months beginning with the day on which it is
published).

(5) 15The Welsh Ministers may revoke the declaration by making and publishing
a further declaration stating that the declaration is revoked.

(6) If at any time during the period of 7 days ending with the day specified
under sub-paragraph (3)(d) the Welsh Ministers consider that—

(a) there continue to be exceptional market conditions, and

(b) 20they justify extending the availability of the powers conferred by or
referred to in paragraph 17,

the Welsh Ministers may make and publish a further declaration extending
the effect of the original declaration for such period (not exceeding three
months) as the further declaration may specify.

(7) 25The fact that a declaration under this paragraph has expired or been revoked
does not prevent the Welsh Ministers from making and publishing another
declaration relating in whole or part to the same exceptional market
conditions.

(8) A copy of any declaration made and published under this paragraph must
30be laid before the National Assembly for Wales by the Welsh Ministers as
soon as practicable after it is published.

(9) In this paragraph and paragraph 17 a reference to agricultural markets,
agricultural producers or agricultural products includes horticultural
markets, horticultural producers or horticultural products (as the case may
35be).

Exceptional market conditions: powers available to Welsh Ministers

17 (1) This paragraph applies during the period for which a declaration under
paragraph 16 has effect.

(2) The Welsh Ministers may give, or agree to give, financial assistance to
40agricultural producers in Wales whose incomes are being, or are likely to be,
adversely affected by the exceptional market conditions described in the
declaration.

(3) The Welsh Ministers may also make such use as the Welsh Ministers
consider appropriate of any available powers under retained direct EU
45legislation which provides for the operation of public intervention and aid
for private storage mechanisms, in response to a declaration under
paragraph 16.

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(4) Financial assistance under sub-paragraph (2) may be given by way of grant,
loan, guarantee or in any other form.

(5) The financial assistance may be given subject to such conditions as the Welsh
Ministers consider appropriate.

(6) 5The conditions may (among other things) include provision under which the
financial assistance is to be repaid or otherwise made good (with or without
interest).

(7) Nothing in sub-paragraph (1) or (2) prevents the Welsh Ministers from
giving, or agreeing to give, financial assistance under sub-paragraph (2)

(a) 10after the end of the period for which the declaration has effect, but

(b) in response to an application duly made during that period.

Power to modify retained direct EU legislation relating to public market intervention and
private storage aid

18 (1) The Welsh Ministers may by regulations modify retained direct EU
15legislation relating to public market intervention or aid for private storage,
for the purpose of altering the operation of provisions of such legislation, so
far as they have effect in relation to Wales in connection with exceptional
market conditions which are the subject of a declaration under paragraph 16.

(2) The Welsh Ministers may by regulations modify retained direct EU
20legislation relating to public market intervention or aid for private storage,
for either or both of the following purposes—

(a) securing that provisions of such legislation cease to have effect in
relation to Wales, otherwise than in connection with exceptional
market conditions which are the subject of a declaration under
25paragraph 16;

(b) altering the operation of provisions of such legislation, so far as they
have effect in relation to Wales otherwise than in connection with
such market conditions (pending the achievement of the purpose in
paragraph (a) in relation to those provisions).

(3) 30Regulations under this paragraph are subject to negative resolution
procedure.

(4) In this paragraph “retained direct EU legislation relating to public market
intervention or aid for private storage” includes—

(a) Articles 8 to 18 of the CMO Regulation;

(b) 35Council Regulation (EU) No 1370/2013 of 16 December 2013
determining measures on fixing certain aids and refunds related to
the common organisation of the markets in agricultural products (so
far as relating to public market intervention and aid for private
storage);

(c) 40the following Commission Regulations (so far as relating to public
market intervention and aid for private storage)—

(i) Commission Delegated Regulation (EU) 2016/1238 of 18
May 2016 supplementing the CMO Regulation with regard to
public intervention and aid for private storage;

(ii) 45Commission Implementing Regulation (EU) 2016/1240 of 18
May 2016 laying down rules for the application of the CMO
Regulation with regard to public intervention and aid for
private storage;

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(iii) Commission Delegated Regulation (EU) 2017/1182 of 20
April 2017 supplementing the CMO Regulation as regards
the Union scales for the classification of beef, pig and sheep
carcasses and as regards the reporting of market prices of
5certain categories of carcasses and live animals.

Part 5 Marketing standards and carcass classification

Marketing standards and carcass classification

19 (1) The Welsh Ministers may by regulations, in relation to products that—

(a) 10fall within a sector listed in paragraph 20(1), and

(b) are marketed in Wales,

make provision about the standards with which those products must
conform (“marketing standards”).

(2) The regulations may cover matters such as—

(a) 15technical definitions, designation and sales descriptions;

(b) classification criteria such as grading into classes, weight, sizing, age
and category;

(c) the species, plant variety or animal breed or the commercial type;

(d) the presentation, labelling, packaging, rules to be applied in relation
20to packaging centres, marking, years of harvesting and use of
specific terms;

(e) criteria such as appearance, consistency, conformation, product
characteristics and the percentage of water content;

(f) specific substances used in production, or components or
25constituents, including their quantitative content, purity and
identification;

(g) the type of farming and production method, including oenological
practices;

(h) coupage of must and wine (including definitions of those terms),
30blending and restrictions thereof;

(i) the frequency of collection, delivery, preservation and handling, the
conservation method and temperature, storage and transport;

(j) the place of farming or origin, excluding poultrymeat and
spreadable fats;

(k) 35restrictions as regards the use of certain substances and practices;

(l) specific use of products;

(m) the conditions governing the disposal, the holding, circulation and
use of products not in conformity with the marketing standards, and
the disposal of by-products;

(n) 40the use of terms communicating value-added characteristics or
attributes.

(3) The Welsh Ministers may by regulations make provision about the
classification, identification and presentation of bovine, pig and sheep
carcasses by slaughterhouses in Wales.

(4) 45Regulations under sub-paragraph (1) or (3) may include provision about
enforcement, which may (among other things) include provision—

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(a) about the provision of information;

(b) conferring powers of entry;

(c) conferring powers of inspection, search and seizure;

(d) about the keeping of records;

(e) 5imposing monetary penalties;

(f) creating offences;

(g) about appeals;

(h) conferring functions (including functions involving the exercise of a
discretion) on a person.

(5) 10Regulations under this paragraph are subject to affirmative resolution
procedure.

Agricultural sectors

20 (1) The sectors mentioned in paragraph 19(1) are—

(a) olive oil and table olives;

(b) 15fruit and vegetables;

(c) processed fruit and vegetable products;

(d) bananas;

(e) live plants;

(f) eggs;

(g) 20poultrymeat;

(h) spreadable fats intended for human consumption;

(i) hops;

(j) wine;

(k) beef and veal;

(l) 25milk and milk products intended for human consumption;

(m) aromatised wine.

(2) The Welsh Ministers may make regulations—

(a) amending sub-paragraph (1) so as to add or remove an agricultural
sector;

(b) 30setting out products that fall within each sector, or otherwise giving
further detail on the sectors.

(3) Regulations under this paragraph are subject to negative resolution
procedure.

Section 28

SCHEDULE 4 35Provision relating to Northern Ireland

Part 1 Financial support after exiting the EU

Direct Payments: interpretation

1 (1) This paragraph defines or explains expressions used in paragraph 2.

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(2) The “basic payment scheme” is the Basic Payment Scheme under the Direct
Payments Regulation (see Title III of that Regulation), as it operates in
relation to Northern Ireland, including the arrangements relating to each of
the following elements of direct payments under the scheme—

(a) 5so much of a direct payment that does not consist of a redistributive,
greening or young farmers payment (see Chapter 1 of Title III),

(b) a greening payment (see Chapter 3 of Title III), and

(c) a young farmers payment (see article 50 of that Regulation).

(3) The “legislation governing the basic payment scheme” is—

(a) 10the following retained direct EU legislation—

(i) the Direct Payments Regulation,

(ii) any Council Delegated Regulation, or Commission
Delegated Regulation, made under the Direct Payments
Regulation,

(iii) 15any other retained direct EU legislation which relates to the
operation of the basic payment scheme; and

(b) any subordinate legislation relating to retained direct EU legislation
falling within paragraph (a).

(4) “Direct payment” means a payment under the basic payment scheme
20(whether or not including a greening payment or a young farmers payment).

(5) The “Direct Payments Regulation” is Regulation (EU) No 1307/2013 of the
European Parliament and of the Council of 17 December 2013 establishing
rules for direct payments to farmers under support schemes within the
framework of the common agricultural policy.

25Power to modify legislation governing the basic payment system

2 (1) The Department of Agriculture, Environment and Rural Affairs in Northern
Ireland (“DAERA”) may by regulations modify legislation governing the
basic payment scheme for or in connection with—

(a) making changes DAERA considers will simplify or improve the
30scheme (so far as it operates in relation to Northern Ireland);

(b) making provision, including provision corresponding to that made
in Chapter 4 of Title II of the Direct Payments Regulation as it has
effect in EU law immediately before exit day, for the elements of a
direct payment under the scheme as it operates in relation to
35Northern Ireland to include a payment for areas with natural
constraints.

(2) The provision which may be made under sub-paragraph (1)(a) includes
provision made for or in connection with terminating either or both of
greening payments and young farmers payments in relation to Northern
40Ireland.

(3) Regulations under this paragraph are subject to affirmative resolution
procedure.

General provision connected with payments to farmers and other beneficiaries: modification in
relation to Northern Ireland

3 (1) 45DAERA may by regulations modify any of the following legislation—

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(a) retained direct EU legislation relating to the financing, management
and monitoring of the common agricultural policy, and

(b) subordinate legislation relating to that legislation.

(2) Regulations under this paragraph may only be made for the purpose of—

(a) 5securing that any provision of legislation referred to in sub-
paragraph (1) ceases to have effect in relation to Northern Ireland, or

(b) simplifying or improving the operation of any provision of such
legislation in relation to Northern Ireland.

(3) In this paragraph “retained direct EU legislation relating to the financing,
10management and monitoring of the common agricultural policy” includes—

(a) Regulation (EU) No 1306/2013 of the European Parliament and of
the Council of 17 December 2013 on the financing, management and
monitoring of the common agricultural policy,

(b) retained direct EU legislation made under that Regulation.

(4) 15Regulations under this paragraph are subject to negative resolution
procedure.

Support for rural development: modification of legislation in relation to Northern Ireland

4 (1) DAERA may by regulations modify any of the following legislation so far as
it has effect in relation to Northern Ireland—

(a) 20retained direct EU legislation relating to support for rural
development, and

(b) subordinate legislation relating to that legislation.

(2) In this paragraph “retained direct EU legislation relating to support for rural
development” includes in particular—

(a) 25Regulation (EU) No 1305/2013 of the European Parliament and of
the Council of 17 December 2013 on support for rural development,

(b) Regulation (EU) No 1310/2013 of the European Parliament and of
the Council of 17 December 2013 laying down certain transitional
provisions on support for rural development,

(c) 30Council Regulation (EC) No 1698/2005 of 20 September 2005 on
support for rural development,

(d) so far as it relates to support for rural development, Regulation (EU)
No 1303/2013 of the European Parliament and of the Council of 17
December 2013 laying down common provisions on the European
35Regional Development Fund, the European Social Fund, the
Cohesion Fund, the European Agricultural Fund for Rural
Development and the European Maritime and Fisheries Fund etc,

(e) Council Regulation (EC) No 1257/99 of 17 May 1999 on support for
rural development,

(f) 40Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a
Community aid scheme for forestry measures in agriculture,

(g) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural
production methods compatible with the requirements of the
protection of the environment and the maintenance of the
45countryside, and

(h) retained direct EU legislation made under the retained direct EU
legislation in paragraphs (a) to (g).

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(3) Regulations under this paragraph are subject to affirmative resolution
procedure.

Part 2 Collection and sharing of data

5Agri-food supply chains: requirement to provide information

5 (1) DAERA may require a person in, or closely connected with, an agri-food
supply chain to provide information about matters connected with any of
the person’s activities connected with the supply chain so far as the activities
are in Northern Ireland.

(2) 10DAERA may make regulations requiring a person in, or closely connected
with, an agri-food supply chain to provide information about matters
connected with any of the person’s activities connected with the supply
chain so far as the activities are in Northern Ireland.

(3) See paragraph 6 for provision about—

(a) 15the meaning of “agri-food supply chain”,

(b) who is in such a supply chain, and

(c) who is closely connected with such a supply chain.

(4) Sub-paragraphs (1) and (2) do not apply in relation to individuals in a
supply chain so far as they are in the supply chain by reason of them, or
20members of their households, being the ultimate consumers (see paragraph
6).

(5) A requirement under sub-paragraph (1) must be in writing.

(6) Sub-paragraph (1) binds the Crown.

(7) Regulations under sub-paragraph (2) are subject to affirmative resolution
25procedure.

6 (1) This paragraph has effect for the purposes of this Part.

(2) An “agri-food supply chain” is a supply chain for providing individuals
with items of food or drink for personal consumption where the items
consist of or include, or have been produced using (directly or indirectly,
30and whether or not exclusively), the whole or part of—

(a) anything grown or otherwise produced in carrying on agriculture, or

(b) any creature kept in carrying on agriculture, or

(c) any creature or other thing taken from the wild.

(3) The persons in an agri-food supply chain are—

(a) 35those individuals (“the ultimate consumers”),

(b) the persons carrying on the agriculture or (as the case may be) taking
things from the wild, and

(c) anybody in the supply chain between those persons and the ultimate
consumers.

(4) 40The persons “closely connected” with an agri-food supply chain are—

(a) anybody supplying seeds, stock, equipment, feed, fertiliser,
pesticides, medicines or similar items to the persons within sub-
paragraph (3)(b) for use in the agriculture or taking,

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(b) anybody providing, to persons within sub-paragraph (3)(b) or (c),
services related to—

(i) the health of creatures, or plants, involved in the supply
chain, or

(ii) 5the safety or quality of the food or drink to be provided to the
ultimate consumers,

(c) any person carrying on activities capable of affecting a matter
mentioned in sub-paragraph (i) or (ii) of paragraph (b), and

(d) bodies representing persons within any of paragraphs (b) and (c) of
10sub-paragraph (3) and paragraphs (a), (b) and (c) of this sub-
paragraph.

(5) Activities of the kind mentioned in sub-paragraph (4)(c) are to be treated for
the purposes of paragraph 5(1) and (2) as connected with the supply chain,
but this is not to be read as limiting the generality of “connected” in
15paragraph 5(1) and (2).

(6) In this paragraph—

  • “agriculture” includes any growing of plants, and any keeping of
    creatures, for the production of food or drink;

  • “plants” includes fungi;

  • 20“seeds” includes bulbs and other things from which plants grow.

7 (1) This paragraph applies to a requirement imposed under paragraph 5(1) or
(2).

(2) The requirement must specify the purposes for which the information may
be processed.

(3) 25Each purpose specified must be in, or covered by, the list of purposes in sub-
paragraph (4).

(4) The list of purposes is as follows—

(a) helping persons in agri-food supply chains to—

(i) increase productivity,

(ii) 30manage risks (including, but not limited to, financial risks,
non-financial trading risks, climatic risks, and risks of or from
disease or pollution), or

(iii) manage market volatility;

(b) promoting transparency or fairness in agri-food supply chains;

(c) 35promoting the health or traceability of creatures of a kind kept for the
production of food, drink, fibres or leathers;

(d) promoting the health of plants;

(e) minimising adverse environmental effects of activities connected
with agri-food supply chains;

(f) 40minimising waste arising from activities connected with agri-food
supply chains;

(g) monitoring, or analysing, markets connected with agri-food supply
chains;

(h) the purposes of any function of a public authority so far as it is a
45function relating to one or more of the following—

(i) agri-food supply chains,

(ii) activities connected with agri-food supply chains,

(iii) the health of people or creatures,

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(iv) the health or quality of plants or soil,

(v) the safety or quality of food or drink,

(vi) waste,

(vii) environmental protection, or

(viii) 5the countryside.

(5) In sub-paragraph (4)

  • “plants” includes fungi;

  • “public authority” means a public authority—

    (a)

    in any part of the United Kingdom, or

    (b)

    10in a country or territory outside the United Kingdom.

(6) For the meaning of “agri-food supply chain” (and “person in” such a chain)
see paragraph 6.

Provision of required information and limitations on its processing

8 (1) This paragraph applies to a requirement imposed under paragraph 5(1) or
15(2).

(2) Information provided in response to the requirement may be processed for,
but only for, purposes specified in the requirement.

(3) Sub-paragraph (2) applies—

(a) to the person to whom the information is provided, and

(b) 20to a person to whom the information is disclosed,

but, in the case of a person within paragraph (b), sub-paragraph (2) does not
authorise processing contrary to the terms on which disclosure is made.

(4) Sub-paragraphs (2) and (3) are subject to sub-paragraphs (6) to (9).

(5) The requirement may specify—

(a) 25how and when the required information is to be provided, including
(in particular)—

(i) the person to whom the information is to be provided (who
may be a person other than DAERA);

(ii) the form in which the information is to be provided;

(iii) 30the means by which it is to be provided;

(iv) the time or times at which, or by when, it is to be provided;

(b) the types of processing to which the information may be subjected;

(c) the forms in which the information may be disclosed.

(6) Where the requirement specifies the types of processing to which the
35information may be subjected, information provided in response to the
requirement may not be subjected to other types of processing except in
circumstances specified in the requirement.

(7) Sub-paragraphs (8) and (9) apply if—

(a) information is provided in response to the requirement, and

(b) 40a person (“P”) proposes to make a disclosure of the information.

(8) Where P proposes that the disclosure should be of the information otherwise
than in anonymised form—

(a) P must consider whether the disclosure (if made in that form) would,
or might, prejudice the commercial interests of any person, and