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.