Agriculture Bill (HC Bill 266)

Agriculture BillPage 50

(b) if P considers that it would or might do so, the disclosure (if made)
must be of the information in anonymsied form unless DAERA
considers that it is in the public interest for the disclosure to be of the
information in some other form (in which event the disclosure may
5be of the information in that other form).

(9) Where—

(a) sub-paragraph (8)(b) does not govern the disclosure, but

(b) the requirement specifies the forms in which the information may be
disclosed,

10the disclosure must not be of the information in any other form except in
circumstances specified in the requirement.

(10) In this Part “processing”, in relation to information, means an operation or
set of operations which is performed on information, or on sets of
information, such as—

(a) 15collection, recording, organisation, structuring or storage,

(b) adaptation or alteration,

(c) retrieval, consultation or use,

(d) disclosure by transmission, dissemination or otherwise making
available,

(e) 20alignment or combination, or

(f) restriction, erasure or destruction.

Enforcement of information requirements

9 (1) DAERA may by regulations make provision for enforcement of a
requirement imposed under paragraph 5(1) or (2).

(2) 25In the following provisions of this paragraph “specified” means specified in
regulations under sub-paragraph (1).

(3) In sub-paragraph (1) “enforcement” includes (in particular)—

(a) monitoring compliance,

(b) investigating non-compliance, and

(c) 30dealing with non-compliance.

(4) The provision that may be made by regulations under sub-paragraph (1)
includes (in particular)—

(a) provision for the imposition of monetary penalties for non-
compliance with requirements, whether penalties—

(i) 35of 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
specified person or a person of a specified description, or

(iv) 40by 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
for payment;

(c) 45provision about the giving of advice or warnings;

Agriculture BillPage 51

(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
taking, particular actions;

(f) 5provision 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) In sub-paragraph (4)(a) “specified manner” includes (in particular) a manner
10framed 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.

Part 3 15Intervention in agricultural markets

Exceptional market conditions: powers available to DAERA

10 (1) Where DAERA considers that—

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

(b) 20the disturbance or threatened disturbance has, or is likely to have, a
significant adverse effect on agricultural producers in Northern
Ireland in terms of the prices achievable for one or more agricultural
products,

DAERA may give, or agree to give, financial assistance to agricultural
25producers in Northern Ireland whose incomes are being, or are likely to be,
adversely affected by the disturbance in agricultural markets.

(2) DAERA may also make such use as DAERA considers appropriate of any
available powers under retained direct EU legislation which provides for the
operation of public intervention and aid for private storage mechanisms, as
30an alternative to, or in conjunction with, financial assistance under sub-
paragraph (1).

(3) Financial assistance under sub-paragraph (1) may be given by way of grant,
loan, guarantee or in any other form.

(4) The financial assistance may be given subject to such conditions as DAERA
35considers appropriate.

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

(6) In this paragraph a reference to agricultural markets, agricultural products
40or agricultural producers includes horticultural markets, horticultural
products or horticultural producers (as the case may be).

Agriculture BillPage 52

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

11 (1) DAERA may by regulations modify retained direct EU legislation relating to
public market intervention or aid for private storage, for either or both of the
5following purposes—

(a) securing that provisions of such legislation cease to have effect in
relation to Northern Ireland;

(b) altering the operation of provisions of such legislation, so far as they
have effect in relation to Northern Ireland (pending the achievement
10of the purpose in paragraph (a) in relation to those provisions).

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

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

(a) 15Articles 8 to 18 of the CMO Regulation;

(b) Council 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
20storage);

(c) the 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
25public intervention and aid for private storage;

(ii) Commission 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;

(iii) 30Commission 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
certain categories of carcasses and live animals.

35Part 4 Marketing standards and carcass classification

Marketing standards and caracass classification

12 (1) DAERA may by regulations, in relation to products that—

(a) fall within a sector listed in paragraph 13(1), and

(b) 40are marketed in Northern Ireland,

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

(2) The regulations may cover matters such as—

(a) technical definitions, designation and sales descriptions;

(b) 45classification criteria such as grading into classes, weight, sizing, age
and category;

Agriculture BillPage 53

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

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

(e) 5criteria such as appearance, consistency, conformation, product
characteristics and the percentage of water content;

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

(g) 10the type of farming and production method, including oenological
practices;

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

(i) the frequency of collection, delivery, preservation and handling, the
15conservation method and temperature, storage and transport;

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

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

(l) specific use of products;

(m) 20the 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) the use of terms communicating value-added characteristics or
attributes.

(3) 25DAERA may by regulations make provision about the classification,
identification and presentation of bovine, pig and sheep carcasses by
slaughterhouses in Northern Ireland.

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

(a) 30about the provision of information;

(b) conferring powers of entry;

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

(d) about the keeping of records;

(e) imposing monetary penalties;

(f) 35creating offences;

(g) about appeals;

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

(5) Regulations under this paragraph are subject to affirmative resolution
40procedure.

Agricultural sectors

13 (1) The sectors mentioned in paragraph 12(1)(a) are—

(a) olive oil and table olives;

(b) fruit and vegetables;

(c) 45processed fruit and vegetable products;

(d) bananas;

(e) live plants;

Agriculture BillPage 54

(f) eggs;

(g) poultrymeat;

(h) spreadable fats intended for human consumption;

(i) hops;

(j) 5wine;

(k) beef and veal;

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

(m) aromatised wine.

(2) DAERA may make regulations—

(a) 10amending sub-paragraph (1) so as to add or remove an agricultural
sector;

(b) setting 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
15procedure.

Section 31

SCHEDULE 5 The CMO Regulation: consequential amendments

Exceptional market conditions

1 In consequence of the provision made by sections 17 and 18 and paragraphs
2016 to 17 of Schedule 3, in Part V of the CMO Regulation (general provisions),
at the beginning of each of Articles 219, 220, 221 and 222 insert—

A1 This Article does not apply in relation to agricultural producers in
England or agricultural producers in Wales.”

Marketing standards and carcass classification

2 25In consequence of the provision made in Part 5, Part 5 of Schedule 3 and Part
4 of Schedule 4, the CMO Regulation is amended as follows.

3 In Article 19 (public intervention and aid for private storage: delegated
powers), in paragraph 6, at the end insert—

“This paragraph does not apply to the classification, identification
30and presentation of carcasses by slaughterhouses in—

(a) England (see section 20(3) of the Agriculture Act 2018);

(b) Wales (see paragraph 19(3) of Schedule 3 to that Act);

(c) Northern Ireland (see paragraph 12(3) of Schedule 4 to that
Act).”

4 35In Article 20 (public intervention and aid for private storage: implementing
powers in accordance with the examination procedure), after point (u)
insert—

“Points (p) to (u) do not apply in relation to slaughterhouses in—

(a) England (see section 20(3) of the Agriculture Act 2018);

(b) 40Wales (see paragraph 19(3) of Schedule 3 to that Act);

Agriculture BillPage 55

(c) Northern Ireland (see paragraph 12(3) of Schedule 4 to that
Act).”

5 In Article 21 (public intervention and aid for private storage: other
implementing powers), at the beginning insert—

5“This Article does not apply to the classification of carcasses by
slaughterhouses in—

(a) England (see section 20(3) of the Agriculture Act 2018);

(b) Wales (see paragraph 19(3) of Schedule 3 to that Act);

(c) Northern Ireland (see paragraph 12(3) of Schedule 4 to that
10Act).”

6 In Article 73 (marketing standards: scope), at the end insert—

“References in this Section to marketing standards—

(a) as they apply in relation to products marketed in England,
include standards set in regulations under section 20(1) of
15the Agriculture Act 2018;

(b) as they apply in relation to products marketed in Wales,
include standards set in regulations under paragraph 19(1)
of Schedule 3 to that Act;

(c) as they apply in relation to products marketed in Northern
20Ireland, include standards set in regulations under
paragraph 12(1) of Schedule 4 to that Act.”

7 In Article 75 (marketing standards: establishment and content), at the
beginning insert—

A1 This Article does not apply in relation to products marketed in—

(a) 25England (see section 20(1) of the Agriculture Act 2018);

(b) Wales (see paragraph 19(1) of Schedule 3 to that Act);

(c) Northern Ireland (see paragraph 12(1) of Schedule 4 to that
Act).”

8 In Article 78 (definitions, designations and sales descriptions for certain
30sectors and products), at the end insert—

6 Paragraphs 3 to 5 do not apply in relation to products marketed
in—

(a) England (see section 20(1) of the Agriculture Act 2018);

(b) Wales (see paragraph 19(1) of Schedule 3 to that Act);

(c) 35Northern Ireland (see paragraph 12(1) of Schedule 4 to that
Act).”

9 In Article 80 (oenological practices and methods of analysis), at the end
insert—

6 Paragraphs 3 to 5 do not apply in relation to products marketed
40in—

(a) England (see section 20(1) of the Agriculture Act 2018);

(b) Wales (see paragraph 19(1) of Schedule 3 to that Act);

(c) Northern Ireland (see paragraph 12(1) of Schedule 4 to that
Act).”

10 45In Article 86 (reservation, amendment and cancellation of optional reserved

Agriculture BillPage 56

terms), at the beginning insert—

“This Article and Articles 87 and 88 do not apply in relation to
products marketed in—

(a) England (see section 20(1) of the Agriculture Act 2018);

(b) 5Wales (see paragraph 19(1) of Schedule 3 to that Act);

(c) Northern Ireland (see paragraph 12(1) of Schedule 4 to that
Act).”

11 In Article 91 (implementing powers in accordance with the examination
procedure), at the beginning insert—

10“This Article does not apply in relation to products marketed in—

(a) England (see section 20(1) of the Agriculture Act 2018);

(b) Wales (see paragraph 19(1) of Schedule 3 to that Act);

(c) Northern Ireland (see paragraph 12(1) of Schedule 4 to that
Act).”

12 15In Article 119 (labelling and presentation in the wine sector: compulsory
particulars), in paragraph 3, at the end insert—

“Sub-paragraph (b) of this paragraph does not apply in relation to
products marketed in—

(a) England (see section 20(1) of the Agriculture Act 2018);

(b) 20Wales (see paragraph 19(1) of Schedule 3 to that Act);

(c) Northern Ireland (see paragraph 12(1) of Schedule 4 to that
Act).”

13 In Article 122 (labelling and presentation in the wine sector: delegated
powers), at the beginning insert—

A1 25This Article does not apply in relation to products marketed in—

(a) England (see section 20(1) of the Agriculture Act 2018);

(b) Wales (see paragraph 19(1) of Schedule 3 to that Act);

(c) Northern Ireland (see paragraph 12(1) of Schedule 4 to that
Act).”

14 30In Article 123 (implementing powers in accordance with the examination
procedure), at the beginning insert—

“This Article does not apply in relation to products marketed in—

(a) England (see section 20(1) of the Agriculture Act 2018);

(b) Wales (see paragraph 19(1) of Schedule 3 to that Act);

(c) 35Northern Ireland (see paragraph 12(1) of Schedule 4 to that
Act).”

15 Regulations made by the European Commission under—

(a) Article 19(6) of the CMO Regulation,

(b) any of points (p) to (u) of Article 20 of the CMO Regulation, or

(c) 40Article 21 of the CMO Regulation,

continue to apply to slaughterhouses in England, in Wales and in Northern
Ireland, notwithstanding the amendments made by paragraphs 3 to 5.

16 Regulations made by the European Commission under Section 1 or Section
3 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products

Agriculture BillPage 57

marketed in England, Wales and, as the case may be, Northern Ireland
notwithstanding the amendments made by paragraphs 6 to 14.