Agriculture (Wales) Act 2023

CHAPTER 3 INTERVENTION IN AGRICULTURAL MARKETS

21 Declaration relating to exceptional market conditions

(1) If the Welsh Ministers consider that there are exceptional market conditions, the Welsh Ministers may make and publish a declaration (“an exceptional market conditions declaration”) in accordance with this section.

(2) There are “exceptional market conditions” if—

(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 significant adverse effect on agricultural producers in Wales in terms of the prices achievable for one or more agricultural products.

(3) An exceptional market conditions declaration must—

(a) state that the Welsh Ministers consider that there are exceptional market conditions;

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

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

(ii) the grounds for considering that the disturbance is severe, or that there is a serious threat of a severe disturbance;

(iii) any agricultural product which is or is likely to be affected by the disturbance or threatened disturbance;

(iv) the grounds for considering that the disturbance or threatened disturbance has, or is likely to have, a significant adverse effect on agricultural producers in terms of the prices achievable for the agricultural product in question;

(c) specify the date until which the powers conferred by or referred to in section 22 are available for use in relation to the exceptional market conditions.

(4) The date specified under subsection (3)(c) may not be later than the last day of the period of three months beginning with the day on which the exceptional market conditions declaration is published.

(5) An exceptional market conditions declaration has effect from the beginning of the day on which it is published until the end of the day specified under subsection (3)(c).

(6) The Welsh Ministers may revoke an exceptional market conditions declaration by making and publishing a declaration under this subsection stating that the exceptional market conditions declaration is revoked from the date specified in the declaration.

(7) Subsection (8) applies if, at any time during the period of seven days ending with the day specified under subsection (3)(c) in an exceptional market conditions declaration that has effect under this section, the Welsh Ministers consider that there continue to be exceptional market conditions.

(8) The Welsh Ministers may extend the exceptional market conditions declaration by making and publishing a declaration under this subsection specifying—

(a) that the exceptional market conditions declaration is extended for a period (not exceeding three months) specified in the declaration, and

(b) that the powers conferred by or referred to in section 22(2) are available for use during that period.

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

(10) A copy of any declaration made and published under this section must be laid before Senedd Cymru by the Welsh Ministers as soon as practicable after it is published.

(11) References in this section to a declaration being published are to it being published electronically.

22 Exceptional market conditions: powers available to Welsh Ministers

(1) This section applies during the period for which an exceptional market conditions declaration has effect.

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

(3) Nothing in this section affects any other powers that are available to the Welsh Ministers (including under retained direct EU legislation) to provide financial support to agricultural producers.

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

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

(6) The conditions may (among other things) include provision for financial support to be repaid or otherwise made good (with or without interest).

(7) Nothing in subsection (1) or (2) prevents the Welsh Ministers from providing, or agreeing to provide, financial support under subsection (2) after the end of the period for which an exceptional market conditions declaration has effect, but in response to an application made during that period.

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

(1) The Welsh Ministers may by regulations modify retained direct EU legislation relating to public market intervention or aid for private storage, so far as it has effect in relation to Wales.

(2) The power conferred by this section includes power to change the agricultural products that are eligible for public market intervention or aid for private storage.

(3) 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 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) 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 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 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 in relation to the Union scales for the classification of bovine, pig and sheep carcasses and in relation to the reporting of market prices of certain categories of carcasses and live animals.

(4) Until either paragraph 1 or paragraph 2 of Schedule 3 (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 an exceptional market conditions declaration includes a reference to circumstances which are the subject of measures under any of those Articles.