Agriculture Bill (HC Bill 7)

(d) if a decision to make such payments is taken, a redistributive
payment (see Chapter 2 of Title III), and

(e) if provision under paragraph 2(1)(b) is made, a payment for areas
with natural constraints.

(3) 5The “coupled support scheme” is the voluntary coupled support scheme
under the Direct Payments Regulation as the Regulation applies in relation
to Northern Ireland (see Chapter 1 of Title IV of the Regulation).

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

(a) the following retained direct EU legislation—

(i) 10the Direct Payments Regulation;

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

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

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

(5) The “legislation governing the coupled support scheme” is—

(a) the following retained direct EU legislation—

(i) 20the Direct Payments Regulation so far as relating to the
coupled support scheme,

(ii) any Council Delegated Regulation, or Commission
Delegated Regulation, made under the Direct Payments
Regulation and so far as relating to the coupled support
25scheme,

(iii) any other retained direct EU legislation which relates to the
coupled support scheme, and

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

(6) 30The “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.

Power to modify legislation governing the basic payment scheme

2 (1) 35DAERA 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
scheme (so far as it operates in relation to Northern Ireland);

(b) making provision, including provision corresponding to that made
40in Chapter 4 of Title III 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
Northern Ireland to include a payment for areas with natural
constraints.

(2) 45The 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
Ireland.

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

Power to provide for the continuation of the basic payment scheme beyond 2020

3 (1) DAERA may by regulations modify legislation governing the basic payment
5scheme to make provision for or in connection with securing that the basic
payment scheme continues to operate in relation to Northern Ireland for one
or more years beyond 2020.

(2) The power conferred by sub-paragraph (1) includes power to provide for the
direct payments ceiling for Northern Ireland for any relevant year to be
10determined, in a specified manner, by DAERA.

(3) Provision made by virtue of sub-paragraph (2)—

(a) must require a determination in respect of a relevant year to be
published as soon as practicable after it has been made, and

(b) may confer functions on any person in connection with, or with the
15making of, a determination in respect of a relevant year.

(4) In this paragraph—

• “the direct payments ceiling for Northern Ireland” is the national
  ceiling of the kind referred to in Article 6 of the Direct Payments
  Regulation that is applicable in relation to Northern Ireland for any
  20relevant year;

• “relevant year” means a year in respect of which direct payments under
  the basic payment scheme fall, as a result of provision under sub-
  paragraph (1), to be made in relation to Northern Ireland;

• “specified” means specified in regulations under this paragraph.

(5) 25Regulations under this paragraph are subject to affirmative resolution
procedure.

Power to modify legislation governing the coupled support scheme

4 (1) DAERA may by regulations modify legislation governing the coupled
support scheme for or in connection with—

(a) 30making provision for the continuation, in relation to Northern
Ireland, of the option to make payments under the scheme after any
time at which, without the provision, the option would terminate;

(b) making changes DAERA considers will simplify or improve the
scheme so far as it operates, or could be operated, in relation to
35Northern Ireland.

(2) 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

5 (1) 40DAERA may by regulations modify any of the following legislation—

(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) securing 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) 5In this paragraph “retained direct EU legislation relating to the financing,
management 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) 10retained direct EU legislation made under that Regulation.

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

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

6 (1) DAERA may by regulations modify any of the following legislation so far as
15it has effect in relation to Northern Ireland—

(a) retained 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
20development” includes in particular—

(a) Regulation (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
25provisions on support for rural development,

(c) Council 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
30December 2013 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,

(e) Council Regulation (EC) No 1257/99 of 17 May 1999 on support for
35rural development,

(f) Council 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
40protection of the environment and the maintenance of the
countryside, and

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

(3) Regulations under this paragraph are subject to affirmative resolution
45procedure.

Part 2 Intervention in agricultural markets

Exceptional market conditions: powers available to DAERA

7 (1) Where DAERA considers that—

(a) 5there 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
significant adverse effect on agricultural producers in Northern
Ireland in terms of the prices achievable for one or more agricultural
10products,

DAERA may give, or agree to give, financial assistance to agricultural
producers 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
15available powers under retained direct EU legislation which provides for the
operation of public intervention and aid for private storage mechanisms, as
an 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,
20loan or guarantee or in any other form.

(4) The financial assistance may be given subject to such conditions as DAERA
considers 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
25interest).

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

Power to modify retained direct EU legislation relating to public market intervention and
30private storage aid

8 (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
following purposes—

(a) securing that provisions of such legislation cease to have effect in
35relation 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
of the purpose in paragraph (a) in relation to those provisions).

(2) The power conferred by sub-paragraph (1) includes power to change the
40agricultural products that are eligible for public market intervention or aid
for private storage.

(3) Regulations under this paragraph are subject to affirmative 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) Council Regulation (EU) No 1370/2013 of 16 December 2013
5determining 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
10market 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) Commission Implementing Regulation (EU) 2016/1240 of 18
15May 2016 laying down rules for the application of the CMO
Regulation 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
20the 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.

Part 3 Collection and sharing of data

25Agri-food supply chains: requirement to provide information

9 (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) 30DAERA 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 10 for provision about—

(a) 35the 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
40members of their households, being the ultimate consumers (see paragraph
10).

(5) A requirement imposed on a person under sub-paragraph (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) 45A requirement under sub-paragraph (1) must be in writing.

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

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

Meaning of “agri-food supply chain”

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

(2) 5An “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) anything grown or otherwise produced in carrying on agriculture,

(b) 10any 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) the persons carrying on the agriculture or (as the case may be) taking
15things 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) anybody supplying seeds, stock, equipment, feed, fertiliser,
20pesticides, medicines or similar items to the persons within sub-
paragraph (3)(b) for use in the agriculture or taking,

(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
25chain, 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
mentioned in sub-paragraph (i) or (ii) of paragraph (b), and

(d) 30bodies representing persons within any of paragraphs (b) and (c) of
sub-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 9(1) and (2) as connected with the supply chain,
35but this is not to be read as limiting the generality of “connected” in
paragraph 9(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;

• 40“plants” includes fungi;

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

Requirement must specify purposes for which information may be processed

11 (1) This paragraph applies to a requirement imposed under paragraph 9(1) or
(2).

(2) The 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 sub-
paragraph (4).

(4) 5The list of purposes is as follows—

(a) helping 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
10disease or pollution), or

(iii) manage 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) 15promoting the health or quality of plants, fungi or soil;

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

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

(g) 20monitoring, or analysing, markets connected with agri-food supply
chains.

(5) For the meaning of “agri-food supply chain” (and “person in” such a chain)
see paragraph 10.

Requirements under paragraph 9(1): duty to publish draft requirement

12 (1) 25Before a particular requirement is imposed under paragraph 9(1), DAERA
must have—

(a) published—

(i) a draft of the requirement,

(ii) a description of the persons on whom it is proposed that the
30requirement may be imposed, and

(iii) the 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
35imposed in the terms of the draft or in revised terms.

(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.

Provision of required information and limitations on its processing

13 (1) This paragraph applies to a requirement imposed under paragraph 9(1) or
40(2).

(2) Information provided in response to the requirement may be processed for,
but only for, purposes specified in the requirement (see paragraph 11).

(3) Sub-paragraph (2) applies—

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

(b) to 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 (7) to (9).

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

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

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

(c) 10the means by which it is to be provided;

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

(6) The requirement must specify—

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

(b) 15if 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) may not be subjected to types of processing other than those
specified in the requirement, and

(b) 20may not be disclosed in any form other than those specified in the
requirement,

except in circumstances specified in the requirement.

(8) Sub-paragraph (9) applies if—

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

(b) 25a person (“P”) proposes to make a disclosure of the information that
is permitted by sub-paragraph (7).

(9) 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 the form
30proposed) 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 DAERA
considers that it is in the public interest for the disclosure to be of the
35information in some other form permitted by sub-paragraph (7) (in
which event the disclosure may be of the information in that other
form).

(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
40information, such as—

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

(b) adaptation or alteration,

(c) retrieval, consultation or use,

(d) disclosure by transmission, dissemination or otherwise making
45available,

(e) alignment or combination, or

(f) restriction, erasure or destruction.

Enforcement of information requirements

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

(2) In the following provisions of this paragraph “specified” means specified in
5regulations under sub-paragraph (1).

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

(a) monitoring compliance,

(b) investigating non-compliance, and

(c) dealing with non-compliance.

(4) 10The 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) of a specified amount,

(ii) 15of an amount calculated in a specified manner,

(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) by way of suspending, or withholding, payment of any
20amounts;

(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) provision about the giving of advice or warnings;

(d) 25provision for the acceptance of undertakings to take, or refrain from
taking, particular actions;

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

(f) provision about review of, or appeals against, things done (including
30decisions made) in connection with enforcement of requirements.

(5) In 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 sub-paragraph (1) are subject to affirmative resolution
35procedure.

Part 4 Marketing standards and carcass classification

Marketing standards

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

(a) 40are listed in paragraph 16(1), and

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

(c) 5the 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) criteria such as appearance, consistency, conformation, product
10characteristics and the percentage of water content;

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

(g) the type of farming and production method, including oenological
15practices;

(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
conservation method and temperature, storage and transport;

(j) 20the place of farming or origin, excluding live poultry and
poultrymeat;

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

(l) specific use of products;

(m) the conditions governing the disposal, the holding, circulation and
25use 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) Regulations under sub-paragraph (1) may include provision about
30enforcement, which may (among other things) include provision—

(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) 35imposing monetary penalties;

(f) creating summary offences punishable with a fine not exceeding the
amount specified in the regulations, which must not exceed level 5
on the standard scale;

(g) about appeals;

(h) 40conferring functions (including functions involving the exercise of a
discretion) on a person.

(4) Regulations under this paragraph may not authorise entry to a private
dwelling without a warrant issued by a lay magistrate.

(5) Regulations under this paragraph are subject to affirmative resolution
45procedure.