Agriculture Act 2020

Section 52

SCHEDULE 7 The CMO Regulation: consequential amendments

PART 1 Exceptional market conditions: England

1 In consequence of the provision made by sections 20 and 21, in Part V of the CMO Regulation (general provisions), at the beginning of each of Articles 219, 220, 221 and 222 insert—

“A1 This Article does not apply in relation to agricultural producers in England.”

PART 2 Exceptional market conditions: Wales

2 In consequence of the provision made by paragraphs 7 and 8 of Schedule 5, 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) insert—

“A2 Until the end of 2024 this Article does not apply in relation to agricultural producers in Wales.”

PART 3 Marketing standards and carcass classification: England

3 In consequence of the provision made in Part 5, the CMO Regulation is amended as follows.

4 In Article 19 (public intervention and aid for private storage: delegated powers), in paragraph 6 at the end insert—

“This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).”

5 In Article 20 (public intervention and aid for private storage: implementing powers in accordance with the examination procedure), after point (t) insert—

“Points (p) to (t) do not apply in relation to slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).”

6 In Article 21 (public intervention and aid for private storage: other implementing powers), at the beginning insert—

“This Article does not apply to the classification of carcasses by slaughterhouses in England (see section 40(1) of the Agriculture Act 2020).”

7 In Article 73 (marketing standards: scope), at the end insert—

“References in this Section to marketing standards as they apply in relation to products marketed in England, include standards set in regulations under section 37(1) of the Agriculture Act 2020.”

8 In Article 75 (marketing standards: establishment and content), at the beginning insert—

“A1 This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).”

9 In Article 78 (definitions, designations and sales descriptions for certain sectors and products), at the end insert—

“6 Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).”

10 In Article 80 (oenological practices and methods of analysis), at the end insert—

“6 Paragraphs 3 to 5 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).”

11 In Article 86 (reservation, amendment and cancellation of optional reserved terms), at the beginning insert—

“This Article and Articles 87 and 88 do not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).”

12 In Article 91 (implementing powers in accordance with the examination procedure), at the beginning insert—

“This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).”

13 In Article 119 (labelling and presentation in the wine sector: compulsory particulars), in paragraph 3, at the end insert—

“Sub-paragraph (b) of this paragraph does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).”

14 In Article 122 (labelling and presentation in the wine sector: delegated powers), at the beginning insert—

“A1 This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).”

15 In Article 123 (implementing powers in accordance with the examination procedure), at the beginning insert—

“This Article does not apply in relation to products marketed in England (see section 37(1) of the Agriculture Act 2020).”

16 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 England, notwithstanding the amendments made by paragraphs 4 to 6.

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 England, notwithstanding the amendments made by paragraphs 7 to 15.

PART 4 Marketing standards and carcass classification: Wales

18 In consequence of the provision made in Part 4 of Schedule 5, the CMO Regulation is amended as follows.

19 In Article 19 (public intervention and aid for private storage: delegated powers), in paragraph 6, at the end (and after the amendment made by paragraph 4) insert—

“This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Wales (see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020).”

20 In Article 20 (public intervention and aid for private storage: implementing powers in accordance with the examination procedure), after point (t) (and after the amendment made by paragraph 5) insert—

“Points (p) to (t) do not apply in relation to slaughterhouses in Wales (see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020).”

21 In Article 21 (public intervention and aid for private storage: other implementing powers), at the beginning (but after the amendment made by paragraph 6) insert—

“This Article does not apply to the classification of carcasses by slaughterhouses in Wales (see paragraph 18(1) of Schedule 5 to the Agriculture Act 2020).”

22 In Article 73 (marketing standards: scope), at the end (and after the amendment made by paragraph 7) insert—

“References in this Section to marketing standards as they apply in relation to products marketed in Wales, include standards set in regulations under paragraph 16(1) of Schedule 5 to the Agriculture Act 2020.”

23 In Article 75 (marketing standards: establishment and content), at the beginning (but after the amendment made by paragraph 8) insert—

“A2 This Article does not apply in relation to products marketed in Wales (see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020).”

24 In Article 78 (definitions, designations and sales descriptions for certain sectors and products), at the end (and after the amendment made by paragraph 9) insert—

“7 Paragraphs 3 to 5 do not apply in relation to products marketed in Wales (see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020).”

25 In Article 80 (oenological practices and methods of analysis), at the end (and after the amendment made by paragraph 10) insert—

“7 Paragraphs 3 to 5 do not apply in relation to products marketed in Wales (see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020).”

26 In Article 86 (reservation, amendment and cancellation of optional reserved terms), at the beginning (but after the amendment made by paragraph 11) insert—

“This Article and Articles 87 and 88 do not apply in relation to products marketed in Wales (see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020).”

27 In Article 91 (implementing powers in accordance with the examination procedure), at the beginning (but after the amendment made by paragraph 12) insert—

“This Article does not apply in relation to products marketed in Wales (see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020).”

28 In Article 119 (labelling and presentation in the wine sector: compulsory particulars), in paragraph 3, at the end (and after the amendment made by paragraph 13) insert—

“Sub-paragraph (b) of this paragraph does not apply in relation to products marketed in Wales (see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020).”

29 In Article 122 (labelling and presentation in the wine sector: delegated powers), at the beginning (but after the amendment made by paragraph 14) insert—

“A2 This Article does not apply in relation to products marketed in Wales (see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020).”

30 In Article 123 (implementing powers in accordance with the examination procedure), at the beginning (but after the amendment made by paragraph 15) insert—

“This Article does not apply in relation to products marketed in Wales (see paragraph 16(1) of Schedule 5 to the Agriculture Act 2020).”

31 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, notwithstanding the amendments made by paragraphs 19 to 21.

32 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, notwithstanding the amendments made by paragraphs 22 to 30.

PART 5 Marketing standards and carcass classification: Northern Ireland

33 In consequence of the provision made in Part 4 of Schedule 6, the CMO Regulation is amended as follows.

34 In Article 19 (public intervention and aid for private storage: delegated powers), in paragraph 6 at the end (and after the amendments made by paragraphs 4 and 19) insert—

“This paragraph does not apply to the classification, identification and presentation of carcasses by slaughterhouses in Northern Ireland (see paragraph 18(1) of Schedule 6 to the Agriculture Act 2020).”

35 In Article 20 (public intervention and aid for private storage: implementing powers in accordance with the examination procedure), after point (t) (and after the amendments made by paragraphs 5 and 20) insert—

“Points (p) to (t) do not apply in relation to slaughterhouses in Northern Ireland (see paragraph 18(1) of Schedule 6 to the Agriculture Act 2020).”

36 In Article 21 (public intervention and aid for private storage: other implementing powers), at the beginning (but after the amendments made by paragraphs 6 and 21) insert—

“This Article does not apply to the classification of carcasses by slaughterhouses in Northern Ireland (see paragraph 18(1) of Schedule 6 to the Agriculture Act 2020).”

37 In Article 73 (marketing standards: scope), at the end (and after the amendments made by paragraphs 7 and 22) insert—

“References in this Section to marketing standards as they apply in relation to products marketed in Northern Ireland, include marketing standards set in regulations under—

(a) paragraph 16(1) of Schedule 6 to the Agriculture Act 2020, or

(b) article 15(1) of the Food Safety (Northern Ireland) Order 1991 (S.I. 1991/762 (N.I. 7)).”

38 In Article 75 (marketing standards: establishment and content), at the beginning (but after the amendments made by paragraphs 8 and 23) insert—

“A3 This Article does not apply in relation to products marketed in Northern Ireland (see paragraph 16(1) of Schedule 6 to the Agriculture Act 2020) and article 15(1) of the Food Safety (Northern Ireland) Order 1991.”

39 In Article 78 (definitions, designations and sales descriptions for certain sectors and products), at the end (and after the amendments made by paragraphs 9 and 24) insert—

“8 Paragraphs 3 to 5 do not apply in relation to products marketed in Northern Ireland (see paragraph 16(1) of Schedule 6 to the Agriculture Act 2020 and article 15(1) of the Food Safety (Northern Ireland) Order 1991).”

40 In Article 80 (oenological practices and methods of analysis), at the end (and after the amendments made by paragraphs 10 and 25) insert—

“8 Paragraphs 3 to 5 do not apply in relation to products marketed in Northern Ireland (see paragraph 16(1) of Schedule 6 to the Agriculture Act 2020).”

41 In Article 86 (reservation, amendment and cancellation of optional reserved terms), at the beginning (but after the amendments made by paragraphs 11 and 26) insert—

“This Article and Articles 87 and 88 do not apply in relation to products marketed in Northern Ireland (see paragraph 16(1) of Schedule 6 to the Agriculture Act 2020 and article 15(1) of the Food Safety (Northern Ireland) Order 1991).”

42 In Article 91 (implementing powers in accordance with the examination procedure), at the beginning (but after the amendments made by paragraphs 12 and 27) insert—

“This Article does not apply in relation to products marketed in Northern Ireland (see paragraph 16(1) of Schedule 6 to the Agriculture Act 2020 and article 15(1) of the Food Safety (Northern Ireland) Order 1991).”

43 In Article 119 (labelling and presentation in the wine sector: compulsory particulars), in paragraph 3, at the end (and after the amendments made by paragraphs 13 and 28) insert—

“Sub-paragraph (b) of this paragraph does not apply in relation to products marketed in Northern Ireland (see paragraph 16(1) of Schedule 6 to the Agriculture Act 2020).”

44 In Article 122 (labelling and presentation in the wine sector: delegated powers), at the beginning (but after the amendments made by paragraphs 14 and 29) insert—

“A3 This Article does not apply in relation to products marketed in Northern Ireland (see paragraph 16(1) of Schedule 6 to the Agriculture Act 2020).”

45 In Article 123 (implementing powers in accordance with the examination procedure), at the beginning (but after the amendments made by paragraphs 15 and 30) insert—

“This Article does not apply in relation to products marketed in Northern Ireland (see paragraph 16(1) of Schedule 6 to the Agriculture Act 2020).”

46 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 Northern Ireland, notwithstanding the amendments made by paragraphs 34 to 36.

47 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 Northern Ireland notwithstanding the amendments made by paragraphs 37 to 45.