Agriculture Bill (HC Bill 7)

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(b) is entitled to a relevant payment in a respect of a year other than the last
year of the agricultural transition period for England (whether or not
an application for that payment has been made), and

(c) meets any other eligibility conditions set out in the regulations.

(3) 5A lump sum paid to such a person under the regulations is received in lieu of
the payment mentioned in subsection (2)(b) and any further relevant payment
or payments to which the person might otherwise have become entitled.

(4) Regulations under this section may make provision as to the circumstances in
which lump sums are to be payable (in addition to the requirements of
10subsection (2)).

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

CHAPTER 3 Other financial support after EU exit

14 General provision connected with payments to farmers and other
beneficiaries

(1) 15The Secretary of State may by regulations modify the following legislation so
far as it operates in relation to England—

(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) 20Regulations under this section may only be made for or in connection with
making changes that the Secretary of State considers would serve any one or
more of the following purposes—

(a) securing that any provision of legislation referred to in subsection (1)
ceases to have effect;

(b) 25simplifying the operation of any provision of such legislation, or
making its operation more efficient or effective;

(c) removing or reducing burdens, or the overall burdens, imposed by
such legislation on persons applying for, or in receipt of, payments
governed by the legislation, or otherwise improving the way that the
30legislation operates in relation to such persons;

(d) securing that any sanction or penalty imposed by such legislation is
appropriate and proportionate.

(3) In this section—

  • “burden” includes—

    (a)

    35a financial cost;

    (b)

    an administrative inconvenience;

    (c)

    an obstacle to efficiency, productivity or profitability;

  • “retained direct EU legislation relating to the financing, management and
    monitoring of the common agricultural policy” includes—

    (a)

    40Regulation (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)

    any retained direct EU legislation made under that Regulation;

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    (c)

    the legacy regulations.

(4) In subsection (3), the “legacy regulations” means retained direct EU legislation
relating to the financing, management and monitoring of the common
agricultural policy that preceded Regulation (EU) No 1306/2013 and
5includes—

(a) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing
of the common agricultural policy;

(b) Commission Regulation (EC) No 1975/2006 of 7 December 2006 laying
down detailed rules for the implementation of Council Regulation (EC)
10No 1698/2005, as regards the implementation of control procedures as
well as cross-compliance in respect of rural development support
measures;

(c) Commission Regulation (EU) No 65/2011 of 27 January 2011 laying
down detailed rules for the implementation of Council Regulation (EC)
15No 1698/2005, as regards the implementation of control procedures as
well as cross-compliance in respect of rural development support
measures.

(5) Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).

15 20Aid for fruit and vegetable producer organisations

(1) The Secretary of State may by regulations modify the following retained direct
EU legislation for the purpose of securing that it ceases to have effect in relation
to England—

(a) Articles 32 to 38 of the CMO Regulation, which make provision about
25aid for fruit and vegetable producer organisations (“producer
organisations aid”);

(b) so far as relating to producer organisations aid, Commission Delegated
Regulation (EU) 2017/891 of 13 March 2017 supplementing the CMO
Regulation with regard to the fruit and vegetable, and processed fruit
30and vegetable, sectors;

(c) so far as relating to producer organisations aid, Council Implementing
Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the
application of the CMO Regulation with regard to the fruit and
vegetable, and processed fruit and vegetable, sectors.

(2) 35Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).

16 Support for rural development

(1) The Secretary of State may by regulations modify the Rural Development Regulation
and retained direct EU legislation made under that Regulation, as it has effect in
40relation to England, for or in connection with—

(a) extending the period to which the core contribution relates;

(b) amending the amount of the core contribution;

(c) changing the currency in which the core contribution is expressed;

(d) amending Annex 1 of the Regulation (support for rural development).

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(2) In subsection (1), the “core contribution” means the amount for the time being
specified in Article 58(1) of the Rural Development Regulation as being the
core contribution to rural development.

(3) The Secretary of State may by regulations modify retained direct EU legislation
5relating to support for rural development, as it has effect in relation to England,
for or in connection with—

(a) removing a requirement that the commitment period in relation to
support for a measure must be at least 5 years;

(b) removing a restriction on extending the commitment period in relation
10to support for a measure;

(c) enabling, in connection with financial assistance under section 1, the
conversion or adjustment of commitments that have been made;

(d) securing that any provision of the legislation ceases to have effect.

(4) The provision which may be made under subsection (3)(b) includes
15provision—

(a) removing requirements for extensions to be made on an annual basis,

(b) securing that the Secretary of State may extend a commitment period
whenever the Secretary of State considers it appropriate to do so, and

(c) removing requirements for provision about extending the commitment
20period to be included in a rural development programme.

(5) The Secretary of State may by regulations modify the Common Provisions
Regulation and retained direct EU legislation made under that Regulation, as
it has effect in relation to England, for or in connection with extending the
deadline by which a payment must have been made in order for it to be eligible
25for support for rural development (see Article 65 of the Common Provisions
Regulation).

(6) In this section—

  • “the Common Provisions Regulation” means Regulation (EU) No 1303/
    2013 of the European Parliament and of the Council of 17 December
    302013 laying down common provisions on the European Regional
    Development Fund, the European Social Fund, the Cohesion Fund, the
    European Agricultural Fund for Rural Development and the European
    Maritime and Fisheries Fund etc;

  • “retained direct EU legislation relating to support for rural development”
    35means—

    (a)

    the Rural Development Regulation,

    (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)

    40the legacy regulations, and

    (d)

    retained direct EU legislation made under the legislation in
    paragraphs (a) to (c);

  • “the Rural Development Regulation” means Regulation (EU) No 1305/
    2013 of the European Parliament and of the Council of 17 December
    452013 on support for rural development.

(7) In subsection (6), “the legacy regulations” means retained direct EU legislation
relating to support for rural development that preceded the Rural
Development Regulation and includes—

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

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

(c) 5Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a
Community aid scheme for forestry measures in agriculture,

(d) 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 countryside,
10and

(e) Council Regulation (EEC) No 1096/88 of 25 April 1988 establishing a
Community scheme to encourage the cessation of farming.

(8) Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).

15Part 2 Food and agricultural markets

CHAPTER 1 Food security

17 Duty to report to Parliament on UK food security

(1) The Secretary of State must, at least once every five years, prepare and lay
20before Parliament a report containing an analysis of statistical data relating to
food security in the United Kingdom.

(2) The data analysed in the report may include (among other things) data about
the following matters—

(a) global food availability;

(b) 25supply sources for food (including the range of supply sources and the
availability to the public of food from domestic and other sources);

(c) the resilience of the supply chain for food (including in response to
disruptions in, or significant price increases for, the supply of energy);

(d) household expenditure on food (including in comparison to
30expenditure on other items);

(e) food safety and consumer confidence in food.

CHAPTER 2 Intervention in agricultural markets

Exceptional market conditions

18 Declaration relating to exceptional market conditions

(1) 35The Secretary of State may make and publish a declaration in accordance with
this section if the Secretary of State considers that there are exceptional market
conditions which justify making the powers conferred by or referred to in
section 19 available for use.

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

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

(b) the disturbance or threatened disturbance has, or is likely to have, a
5significant adverse effect on agricultural producers in England in terms
of the prices achievable for one or more agricultural products.

(3) A declaration must—

(a) state that the Secretary of State considers that there are exceptional
market conditions which justify making the declaration,

(b) 10describe the exceptional market conditions in question, in particular by
specifying—

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

(ii) any agricultural product which is or is likely to be affected by
15the disturbance or threatened disturbance, and

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

(c) describe the grounds for considering that the exceptional market
20conditions justify making the powers conferred by or referred to in
section 19 available for use, and

(d) state that the powers conferred by or referred to in section 19 are (unless
the declaration is revoked sooner) available for use in relation to the
exceptional market conditions until such day as the declaration may
25specify.

(4) A declaration has effect from when it is published until the end of the day
specified under subsection (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) The Secretary of State may revoke a declaration by making and publishing a
30further declaration stating that the declaration is revoked.

(6) If at any time during the period of seven days ending with the day specified
under subsection (3)(d) the Secretary of State considers that—

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

(b) they justify extending the availability of the powers conferred by or
35referred to in section 19,

the Secretary of State 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) The fact that a declaration under this section has expired or been revoked does
40not prevent the Secretary of State 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 section must be laid
before Parliament by the Secretary of State as soon as practicable after it is
45published.

(9) In this section and section 19 a reference to agricultural markets, agricultural
producers or agricultural products includes horticultural markets,
horticultural producers or horticultural products (as the case may be).

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19 Exceptional market conditions: powers available to Secretary of State

(1) This section applies during the period for which a declaration under section 18
has effect.

(2) The Secretary of State may give, or agree to give, financial assistance to agricultural
5producers in England whose incomes are being, or are likely to be, adversely affected by
the exceptional market conditions described in the declaration.

(3) The Secretary of State may also make such use as the Secretary of State
considers appropriate of any available powers under retained direct EU
legislation which provides for the operation of public intervention and aid for
10private storage mechanisms, in response to a declaration under section 18.

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

(5) The financial assistance may be given subject to such conditions as the
Secretary of State considers appropriate.

(6) 15The 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 subsection (1) or (2) prevents the Secretary of State from giving, or
agreeing to give, financial assistance under subsection (2)

(a) 20after the end of the period for which the declaration has effect, but

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

Retained direct EU legislation relating to public market intervention and private storage aid

20 Modification in connection with exceptional market conditions and for
general purposes

(1) 25The Secretary of State may by regulations modify retained direct EU legislation
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 England in connection with exceptional market conditions which are the
subject of a declaration under section 18.

(2) 30The Secretary of State may by regulations modify retained direct EU legislation
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 England, otherwise than in connection with exceptional
35market conditions which are the subject of a declaration under section
18;

(b) altering the operation of provisions of such legislation so far as they
have effect in relation to England, otherwise than in connection with
such market conditions (pending the achievement of the purpose in
40paragraph (a) in relation to those provisions).

(3) The power conferred by subsection (1) includes power to make modifications
that apply only in relation to the exceptional market conditions which are the
subject of a particular declaration specified in the regulations.

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(4) The powers conferred by subsections (1) and (2) include power to change the
agricultural products that are eligible for public market intervention or aid for
private storage.

(5) Regulations under this section are subject to negative resolution procedure
5(unless section 47(5) applies).

(6) In this section “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) Council Regulation (EU) No 1370/2013 of 16 December 2013
10determining 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) the following Commission Regulations (so far as relating to public
market intervention and aid for private storage)—

(i) 15Commission Delegated Regulation (EU) 2016/1238 of 18 May
2016 supplementing the CMO Regulation with regard to public
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
20Regulation with regard to public intervention and aid for
private storage;

(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
25as regards the reporting of market prices of certain categories of
carcasses and live animals.

(7) Until paragraph 1 of Schedule 7 (amendment of Articles 219, 220, 221 and 222
of the CMO Regulation) is in force, any reference in this section to exceptional
market conditions which are the subject of a declaration under section 18
30includes a reference to circumstances which are the subject of measures under
any of those Articles.

Part 3 Transparency and fairness in the agri-food supply chain

CHAPTER 1 Collection and sharing of data

21 35Agri-food supply chains: requirement to provide information

(1) The Secretary of State 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 England.

(2) 40The Secretary of State 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 England.

(3) See section 22 for provision about—

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(a) the 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) Subsections (1) and (2) do not apply in relation to individuals in a supply chain
5so far as they are in the supply chain by reason of them, or members of their
households, being the ultimate consumers (see section 22).

(5) A requirement imposed on a person under subsection (1) or (2) does not apply
to so much of the information as the person would in legal proceedings be
entitled to refuse to provide on grounds of legal privilege.

(6) 10A requirement under subsection (1) must be in writing.

(7) Subsection (1) binds the Crown.

(8) Regulations under subsection (2) are subject to affirmative resolution
procedure.

22 Meaning of “agri-food supply chain”

(1) 15This section has effect for the purposes of this Chapter.

(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, and whether or
not exclusively), the whole or part of—

(a) 20anything grown or otherwise produced in carrying on agriculture,

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

(b) 25the 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) The persons “closely connected” with an agri-food supply chain are—

(a) 30anybody supplying seeds, stock, equipment, feed, fertiliser, pesticides,
medicines or similar items to the persons within subsection (3)(b) for
use in the agriculture or taking,

(b) anybody providing, to persons within subsection (3)(b) or (c), services
related to—

(i) 35the health of creatures, or plants, involved in the supply chain,
or

(ii) the 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
40mentioned in sub-paragraph (i) or (ii) of paragraph (b), and

(d) bodies representing persons within any of paragraphs (b) and (c) of
subsection (3) and paragraphs (a), (b) and (c) of this subsection.

(5) Activities of the kind mentioned in subsection (4)(c) are to be treated for the
purposes of section 21(1) and (2) as connected with the supply chain, but this

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is not to be read as limiting the generality of “connected” in section 21(1) and
(2).

(6) In this section—

  • “agriculture” includes any growing of plants, and any keeping of
    5creatures, for the production of food or drink;

  • “plants” includes fungi;

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

23 Requirement must specify purposes for which information may be processed

(1) This section applies to a requirement imposed under section 21(1) or (2).

(2) 10The requirement must specify the purposes for which the information may be
processed.

(3) Each purpose specified must be in, or covered by, the list of purposes in
subsection (4).

(4) The list of purposes is as follows—

(a) 15helping persons in agri-food supply chains to—

(i) increase productivity,

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

(iii) 20manage market volatility;

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

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

(d) promoting the health or quality of plants, fungi or soil;

(e) 25minimising adverse environmental effects of activities connected with
agri-food supply chains;

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

(g) monitoring, or analysing, markets connected with agri-food supply
30chains.

(5) For the meaning of “agri-food supply chain” (and “person in” such a chain) see
section 22.

24 Requirements under section 21(1): duty to publish draft requirement

(1) Before a particular requirement is imposed under section 21(1), the Secretary
35of State must have—

(a) published—

(i) a draft of the requirement,

(ii) a description of the persons on whom it is proposed that the
requirement may be imposed, and

(iii) 40the deadline for making comments on the draft, which must not
be earlier than 4 weeks after the date of publication, and

(b) decided, in the light of comments received before the deadline (and any
other relevant matters), whether the requirement should be imposed in
the terms of the draft or in revised terms.

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(2) A requirement in the decided form may be imposed on a person at any times
after the decision when the person is within the published description.

25 Provision of required information and limitations on its processing

(1) This section applies to a requirement imposed under section 21(1) or (2).

(2) 5Information provided in response to the requirement may be processed for, but
only for, purposes specified in the requirement (see section 23).

(3) Subsection (2) applies—

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

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

10but, in the case of a person within paragraph (b), subsection (2) does not
authorise processing contrary to the terms on which disclosure is made.

(4) Subsections (2) and (3) are subject to subsections (7) to (9).

(5) The requirement may specify how and when the required information is to be
provided, including (in particular)—

(a) 15the person to whom the information is to be provided (who may be a
person other than the Secretary of State);

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

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

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

(6) 20The requirement must specify—

(a) the types of processing to which the information may be subjected, and

(b) if the types of processing specified include disclosure of any kind, the
forms in which the information may be disclosed.

(7) Information provided in response to the requirement—

(a) 25may not be subjected to types of processing other than those specified
in the requirement, and

(b) may not be disclosed in any form other than those specified in the
requirement,

except in circumstances specified in the requirement.

(8) 30Subsection (9) applies if—

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

(b) a person (“P”) proposes to make a disclosure of the information that is
permitted by subsection (7).

(9) Where P proposes that the disclosure should be of the information otherwise
35than in anonymised form—

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

(b) if P considers that it would or might do so, the disclosure (if made)
must be of the information in anonymised form unless the Secretary of
40State considers that it is in the public interest for the disclosure to be of
the information in some other form permitted by subsection (7) (in
which event the disclosure may be of the information in that other
form).