Agriculture (Wales) Act 2023

(introduced by section 34)

SCHEDULE 1 AGRICULTURAL PRODUCTS RELEVANT TO MARKETING STANDARDS PROVISIONS

Milk and milk products

1 Products falling within any of entries (a) to (f) in the table in Part XVI of Annex 1 of the CMO Regulation.

Spreadable fats

2 Products that—

(a) fall within any of paragraphs (a) to (c) in Point 1 of Part VII of Annex VII of the CMO Regulation, and

(b) have a fat content of at least 10% but not more than 90% by weight.

Beef and veal

3 Products falling within the table in Part XV of Annex 1 of the CMO Regulation, but excluding any entry in the table for live animals.

Poultry and poultrymeat

4 Products falling within the table in Part XX of Annex 1 of the CMO Regulation, including any entry in the table for live poultry.

Eggs and egg products

5 Products falling within the table in Part XIX of Annex 1 of the CMO Regulation.

Fruit and vegetables, other than olives

6 Products falling within the table in any of Parts IX to XI of Annex 1 of the CMO Regulation.

Olive oil and table olives

7 Products falling within the table in Part VII of Annex 1 of the CMO Regulation.

Hops

8 Products falling within the table in Part VI of Annex 1 of the CMO Regulation.

Wine

9 Products falling within the table in Part XII of Annex 1 of the CMO Regulation.

Aromatised wine

10 Products falling within the definition of “aromatised wine products” in Article 3 of the Aromatised Wine Regulation.

Interpretation

11 In this Schedule “the Aromatised Wine Regulation” means Regulation (EU) No 251/2014 of the European Parliament and of the Council of 26 February 2014 on the definition, description, presentation, labelling and the protection of geographical indications of aromatised wine products.

(Introduced by section 55 )

SCHEDULE 2 MINOR AND CONSEQUENTIAL AMENDMENTS ETC. RELATING TO PARTS 1 TO 3

PART 1 AMENDMENTS, REPEALS AND SAVINGS RELATING TO THE AGRICULTURE ACT 2020

Agriculture Act 2020 (c. 21)

1 (1) The Agriculture Act 2020 is amended as follows.

(2) Section 46 (introduction of Schedule 5) is repealed.

(3) Section 47 (duration of provision in relation to Wales) is repealed.

(4) In section 52 (consequential amendments), omit paragraphs (b) and (d).

(5) In section 53 (power to make consequential etc. provision)—

(a) in subsection (2), omit paragraphs (d), (e) and (f);

(b) in subsection (5), in paragraph (a), for “or (d) to (f)” substitute “, or under that subsection so far as it would have allowed the Welsh Ministers to make supplementary, incidental or consequential provision in connection with—

(i) section 46 and Schedule 5,

(ii) section 47, and

(iii) section 52 and Schedule 7 so far as applying in relation to Wales,

but for the repeal of those provisions by the Agriculture (Wales) Act 2023”.

(6) In section 54 (power to make transitional etc. provision), in subsection (2)(a), omit sub-paragraphs (iv), (v) and (vi).

(7) In section 56 (extent), in subsection (1), omit paragraph (g).

(8) In section 57 (commencement), in subsection (3), omit paragraphs (b) and (c).

(9) Schedule 5 (provision relating to Wales) is repealed.

(10) In Schedule 7 (consequential amendments to the CMO Regulation)—

(a) omit Part 2;

(b) omit Part 4.

2 Despite the repeal of Schedule 5 to the Agriculture Act 2020 by paragraph 1, regulations made under paragraph 2 of that Schedule continue in force, and have effect as if made under section 16 of this Act.

PART 2 AMENDMENTS TO OTHER ACTS

Environment Act 1995 (c. 25)

3 In section 66 of the Environment Act 1995, in subsection (7A)—

(a) omit the “and” after paragraph (a);

(b) at the end of paragraph (b) insert “, and

(c) the sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023”.

Countryside and Rights of Way Act 2000 (c. 37)

4 In section 90 of the Countryside and Rights of Way Act 2000, in subsection (1A)—

(a) omit the “and” after paragraph (a);

(b) at the end of paragraph (b) insert “, and

(c) the sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023”.

Planning and Compulsory Purchase Act 2004 (c. 5)

5 In section 60B of the Planning and Compulsory Purchase Act 2004, after subsection (1) insert—

“(1A) In preparing the draft Framework under subsection (1)(a), the Welsh Ministers must have regard to the most recent sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023.”

Environment (Wales) Act 2016 (anaw 3)

6 In section 6 of the Environment (Wales) Act 2016, in subsection (5), after paragraph (c) insert—

“(d) the sustainable land management report published under section 6 of the Agriculture (Wales) Act 2023.”

(Introduced by section 55)

SCHEDULE 3 CONSEQUENTIAL AMENDMENTS ETC. TO THE CMO REGULATION

PART 1 AMENDMENTS RELATING TO CHAPTER 3 OF PART 2 (INTERVENTION IN MARKETS)

Exceptional market conditions

1 If paragraph 2 of Schedule 7 to the Agriculture Act 2020 (c. 21) is in force before this Part of this Schedule is brought into force, in Part V of the CMO Regulation (general provisions), in each of Articles 219, 220, 221 and 222, in paragraph A2, inserted by paragraph 2 of Schedule 7 to the Agriculture Act 2020, omit “Until the end of 2024”.

2 If paragraph 2 of Schedule 7 to the Agriculture Act 2020 is not in force before this Part of this Schedule is brought into force, in Part V of the CMO Regulation (general provisions), at the beginning of each of Articles 219, 220, 221 and 222 (but after the amendment made by paragraph 1 of Schedule 7 to the Agriculture Act 2020) insert—

“A2 This Article does not apply in relation to agricultural producers in Wales.”

PART 2 AMENDMENTS RELATING TO SECTION 34 (MARKETING STANDARDS)

Marketing standards

3‍ The CMO Regulation is amended as set out in paragraphs 4 to 12.

4 In Article 73 (marketing standards: scope), for “under paragraph 16(1) of Schedule 5 to the Agriculture Act 2020” substitute “under section 34(1) of the Agriculture (Wales) Act 2023”.

5 In Article 75 (marketing standards: establishment and content), in paragraph A2, for “(see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 34(1) of the Agriculture (Wales) Act 2023”).

6 In Article 78 (definitions, designations and sales descriptions for certain sectors and products), in paragraph 7, for “(see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 34(1) of the Agriculture (Wales) Act 2023)”.

7 In Article 80 (oenological practices and methods of analysis), in paragraph 7, for “(see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 34(1) of the Agriculture (Wales) Act 2023)”.

8 In Article 86 (reservation, amendment and cancellation of optional reserved terms), for “(see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 34(1) of the Agriculture (Wales) Act 2023)”.

9 In Article 91 (implementing powers in accordance with the examination procedure), for “(see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 34(1) of the Agriculture (Wales) Act 2023)”.

10 In Article 119 (labelling and presentation in the wine sector: compulsory particulars), in paragraph 3, for “(see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 34(1) of the Agriculture (Wales) Act 2023)”.

11 In Article 122 (labelling and presentation in the wine sector: delegated powers), in paragraph A2, for “(see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 34(1) of the Agriculture (Wales) Act 2023)”.

12 In Article 123 (implementing powers in accordance with the examination procedure), for “(see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 34(1) of the Agriculture (Wales) Act 2023)”.‍

PART 3 AMENDMENTS RELATING TO SECTION 35 (CARCASS CLASSIFICATION)

Carcass classification

13‍ The CMO Regulation is amended as set out in paragraphs 14 to 16.

14 In Article 19 (public intervention and aid for private storage: delegated powers), in paragraph 6, for “(see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 35(1) of the Agriculture (Wales) Act 2023)”.

15 In Article 20 (public intervention and aid for private storage: implementing powers in accordance with the examination procedure), in the words after point (t), for “(see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 35(1) of the Agriculture (Wales) Act 2023)”.

16 In Article 21 (public intervention and aid for private storage: other implementing powers), for “(see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020)” substitute “(see section 35(1) of the Agriculture (Wales) Act 2023)”.‍

PART 4 SAVING PROVISION

17 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 marketed in Wales, despite the amendments made by paragraphs 4 to 12‍.

18 Regulations made by the European Commission under—

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

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

(c) Article 21 of the CMO Regulation,

continue to apply to slaughterhouses in Wales, despite the amendments made by paragraphs 14 to 16‍.