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Agriculture Act 2020

Contents

Schedule 7: The CMO regulation: Consequential amendments

  1. Schedule 7 provides details of consequential amendments to the CMO Regulation. These amendments affect those powers in the CMO Regulation which will become redundant in light of the new powers in sections 20, 21 (exceptional market conditions), 37 (marketing standards) and 40 (carcass classification). In relation to exceptional market conditions, Parts 1 and 2 of Schedule 7 disapply these articles for agricultural producers in England and Wales respectively. In relation to marketing standards and carcass classification, Parts 3 – 5 of Schedule 7 disapply the relevant articles for products marketed in or slaughterhouses situated in England, Wales and Northern Ireland respectively.
  2. Schedule 7 also saves any EU regulations made by the Commission under article 19(6), article 20(p) – (u), and article 21 of the CMO Regulation (carcass classification) in relation to slaughterhouses in England, Wales and Northern Ireland; or under section 1 or section 3 of Chapter 1 of Title 2 of the CMO Regulation (marketing standards and wine labelling) in relation to products marketed in England, Wales and Northern Ireland. This ensures that existing marketing standards made in tertiary legislation by the Commission will remain in force even though the powers under which they were made have ben disapplied for England, Wales and Northern Ireland.
  3. The relevant articles of the CMO Regulation are as follows:
    • Articles 219, 220, 221 and 222 (exceptional measures). These articles are redundant in light of the powers in sections 20 and 21 for the Secretary of State to act in periods of exceptional market conditions,
    • Article 19(6) (the Commission’s powers to amend carcass classification rules),
    • Article 20(p) – (u) (the Commission’s powers to makes rules on the implementation of the carcass classification scales),
    • Article 21 (the Commission’s powers to make rules on the classification of light lamb carcasses),
    • Article 73 (which sets out the scope of the EU marketing standards in section 1 of Chapter 1 of Title 2 to the CMO Regulation). This article is amended to ensure that references in section 1 of Chapter 1 of Title 2 to the CMO Regulation to marketing standards, as they apply in relation to products marketed in England, Wales and Northern Ireland, include standards set in regulations under the power in section 37(1),
    • Article 75 (which sets out the content of EU marketing standards rules and the Commission powers to set and amend marketing standards),
    • Article 78(3) - (5) (the Commission’s power to amend definitions, designations and sales descriptions),
    • Article 80(3) - (5) (the Commission’s powers relating to oenological practices),
    • Articles 86, 87 and 88 (the Commission’s powers relating to optional reserved terms),
    • Article 91 (the Commission’s powers to make rules relating to the implementation of marketing standards),
    • Article 119(3)(b) (the Commission’s power to make derogations from wine labelling rules),
    • Article 122 (the Commission’s powers relating to wine labelling), and
    • Article 123 (the Commission’s power to make rules relating to the implantation of wine labelling rules).

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