Agriculture (Retained EU Law and Data) (Scotland) Act 2020

PART 1 — Assimilated law

Introductory

Defined terms

1

• (1) This section defines or explains terms used in this Part.

• (2) The “relevant CAP legislation” means—

• (a) the Direct Payments Regulation,

• (b) the Rural Development Regulation,

• (ba) the CMO Regulation,

• (c) the Horizontal Regulation,

• (d) the Common Provisions Regulation so far as relating to the operation of the Rural Development Regulation,

• (e) any delegated or implementing Regulations made (whether by the Commission or the Council) under any of the Regulations referred to in paragraphs (a) to (d),

• (f) any subordinate legislation implementing or otherwise relating to any of the Regulations referred to in paragraphs (a) to (e).

• (3) The “Direct Payments Regulation” means Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy.

• (4) The “Rural Development Regulation” means Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development.

• (5) The “CMO Regulation” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products.

• (6) The “Horizontal Regulation” means Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy.

• (7) The “Common Provisions Regulation” means Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund etc.

• (8) “Modify” includes amend, revoke and repeal (and related expressions are to be construed accordingly).

Direct payments, rural development support etc.

Power to simplify or improve CAP legislation

2

• (1) The Scottish Ministers may by regulations modify or restate, to any extent, the relevant CAP legislation.

• (2) The Scottish Ministers may only make modifications under subsection (1)—

• (a) that they consider would simplify or improve the operation of the provisions of the legislation;

• (b) that they consider appropriate to take account of—

• (i) changes in technology, or

• (ii) developments in scientific understanding.

• (2A) A restatement under subsection (1) may make any change to the legislation that the Scottish Ministers consider appropriate—

• (a) for the purposes of—

• (i) resolving ambiguity,

• (ii) removing doubt or an anomaly,

• (iii) facilitating improvements in the clarity or accessibility of the law (including by omitting anything which is legally unnecessary),

• (b) to take account of—

• (i) changes in technology, or

• (ii) developments in scientific understanding.

• (2B) A restatement under subsection (1) may use words or concepts that are different from those used in the provision being restated.

• (3) Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

Power to provide for the operation of CAP legislation beyond 2020

3

• (1) The Scottish Ministers may by regulations modify the relevant CAP legislation for the purpose of securing that the provisions of the legislation continue to operate in relation to Scotland ....

• (1A) The Scottish Ministers may by regulations modify any provision of the relevant CAP legislation for the purpose of securing that it—

• (a) ceases to apply for a period, or

• (b) ceases to have effect in Scotland.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

Power to modify financial provision in CAP legislation

4

• (1) The Scottish Ministers may by regulations modify any provision of the relevant CAP legislation relating to—

• (a) the setting or determining of ceilings on the amounts of any payments or expenditure for any purpose under the legislation,

• (b) the reallocation or transfer of amounts or proportions of such ceilings between or among different purposes under the legislation.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

• (4) In this section, “ceilings” includes limits and other restrictions.

Duration of the powers under sections 2, 3 and 4

5

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Market intervention

Power to modify CAP legislation on public intervention and private storage aid

6

• (1) The Scottish Ministers may by regulations modify the legislation governing public intervention and aid for private storage.

• (2) The power conferred by subsection (1) includes the power to make provision for the purposes of—

• (a) altering the operation of the legislation so far as it has effect in connection with exceptional market conditions which are the subject of a declaration under section 14 of the Agriculture and Rural Communities (Scotland) Act 2024,

• (b) securing that provisions of the legislation cease to have effect otherwise than in connection with exceptional market conditions which are the subject of such a declaration,

• (c) altering the operation of provisions of the legislation otherwise than in connection with exceptional market conditions.

• (3) In this section, the “legislation governing public intervention and aid for private storage” means—

• (a) Articles 8 to 21 of the CMO Regulation,

• (b) the following so far as relating to public intervention or aid for private storage—

• (i) 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,

• (ii) Commission Delegated Regulation (EU) 2016/1238 of 18 May 2016 supplementing the CMO Regulation with regard to public intervention and aid for private storage,

• (iii) 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,

• (iv) Commission Delegated Regulation (EU) 2017/1182 of 20 April 2017 supplementing the CMO Regulation as regards the Union scales for the classification of beef, pig and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals.

• (3A) For the purposes of this section, a reference to exceptional market conditions which are the subject of a declaration under section 14 of the Agriculture and Rural Communities (Scotland) Act 2024 includes a reference to circumstances which are the subject of measures under Articles 219, 220 and 221 of the CMO Regulation.

• (4) Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

Aid for fruit and vegetable producer organisations

Power to simplify or improve CAP legislation on aid for fruit and vegetable producer organisations

7

• (1) The Scottish Ministers may by regulations modify the legislation governing aid for fruit and vegetable producer organisations.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In this section, the “legislation governing aid for fruit and vegetable producer organisations” means—

• (a) Articles 32 to 38 of the CMO Regulation,

• (b) the following so far as relating to aid for fruit and vegetable producer organisations—

• (i) Commission Delegated Regulation (EU) 2017/891 of 13 March 2017 supplementing the CMO Regulation with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing the Horizontal Regulation with regard to penalties to be applied in those sectors,

• (ii) Commission Implementing Regulation (EU) 2017/892 of 13 March 2017 laying down rules for the application of the CMO Regulation with regard to the fruit and vegetables and processed fruit and vegetables sectors.

• (4) Regulations under this section are (if they have not been subject to the affirmative procedure) subject to the negative procedure.

Food Promotion Scheme

Power to revoke the EU Food Promotion Scheme

8

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Marketing standards and carcass classification

Marketing standards

9

• (1) The Scottish Ministers may by regulations make provision about the standards with which the following products must conform (“marketing standards”), that is products which—

• (a) are listed in section 10(1), and

• (b) are marketed in Scotland.

• (2) The provision that may be made under subsection (1) includes in particular provision for or about—

• (a) technical definitions, designation and sales descriptions,

• (b) classification criteria such as grading into classes, weight, sizing, age and category,

• (c) the species, plant variety or animal breed or the commercial type,

• (d) presentation, labelling, packaging, rules to be applied in relation to packaging centres, marking, years of harvesting and use of specific terms,

• (e) criteria such as appearance, consistency, conformation, product characteristics and the percentage of water content,

• (f) specific substances used in production, or components or constituents, including their quantitative content, purity and identification,

• (g) the type of farming and production method, including oenological practices,

• (h) coupage of must and wine (including definitions of those terms), blending and restrictions on blending,

• (i) the frequency of collection, delivery, preservation and handling, the conservation method and temperature, storage and transport,

• (j) the place of farming or origin, excluding poultry meat and spreadable fats,

• (k) restrictions as regards the use of certain substances and practices,

• (l) specific use of products,

• (m) the conditions governing—

• (i) the disposal, holding, circulation and use of products not in conformity with the marketing standards, and

• (ii) the disposal of by-products,

• (n) the use of terms communicating value-added characteristics or attributes.

• (3) Regulations under subsection (1) may include provision about enforcement, including in particular provision—

• (a) about the provision of information,

• (b) conferring powers of entry,

• (c) conferring powers of inspection, search and seizure,

• (d) conferring powers to restrict the movement of anything,

• (e) about keeping records,

• (f) imposing monetary penalties,

• (g) creating offences,

• (h) about appeals,

• (i) conferring functions, including functions involving the exercise of a discretion, on a person.

• (4) Regulations under this section are subject to the affirmative procedure.

• (5) Before laying a draft of a Scottish statutory instrument containing regulations under this section before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider are representative of the interests of persons likely to be affected by the regulations as they consider appropriate.

Marketing standards: agricultural products

10

• (1) The products referred to in section 9(1)(a) are products falling within any of the following—

• (a) entries (a) to (f) in the table in Part XVI of Annex I of the CMO Regulation (milk and milk products),

• (b) paragraphs (a) to (c) in point I of Part VII of Annex VII of the CMO Regulation, where the product has a fat content of at least 10% but not more than 90% by weight (spreadable fats),

• (c) the table in Part XV of Annex I of the CMO Regulation, but excluding any entry in the table for live animals (beef and veal),

• (d) the table in Part XX of Annex I of the CMO Regulation, including any entry in the table for live poultry (poultry and poultry meat),

• (e) the table in Part XIX of Annex I of the CMO Regulation (eggs and egg products),

• (f) the table in any of Parts IX to XI of Annex I of the CMO Regulation (fruit and vegetables, other than olives),

• (g) the table in Part VII of Annex I of the CMO Regulation (olive oil and table olives),

• (h) the table in Part VI of Annex I of the CMO Regulation (hops),

• (i) the table in Part XII of Annex I of the CMO Regulation (wine),

• (j) the definition of “aromatised wine products” in Article 3 of the Aromatised Wine Regulation (aromatised wine).

• (2) In subsection (1)(j), 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.

• (3) The Scottish Ministers may by regulations amend this section so as to—

• (a) add or remove an agricultural product,

• (b) alter the description of an agricultural product listed in subsection (1).

• (4) Regulations under this section are subject to the affirmative procedure.

Carcass classification

11

• (1) The Scottish Ministers may by regulations make provision about the classification, identification and presentation of bovine, pig and sheep carcasses by slaughterhouses in Scotland.

• (2) Regulations under this section may include provision about enforcement, including in particular provision—

• (a) about the provision of information,

• (b) conferring powers of entry,

• (c) conferring powers of inspection, search and seizure,

• (d) conferring powers to restrict the movement of anything,

• (e) about keeping records,

• (f) imposing monetary penalties,

• (g) creating offences,

• (h) about appeals,

• (i) conferring functions, including functions involving the exercise of a discretion, on a person.

• (3) Regulations under this section are subject to the affirmative procedure.

• (4) Before laying a draft of a Scottish statutory instrument containing regulations under this section before the Scottish Parliament, the Scottish Ministers must consult such persons as they consider are representative of the interests of persons likely to be affected by the regulations as they consider appropriate.

Marketing standards and carcass classification: consequential amendments and savings

12

The schedule—

• (a) modifies the CMO Regulation in consequence of sections 9 and 11, and

• (b) makes saving provision in connection with those modifications.

PART 2 — Collection and processing of data

Defined terms

13

• (1) This section defines certain expressions for the purposes of this Part.

• (2) “Agricultural activity” has the same meaning as in Article 4(1)(c) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy.

• (3) “Animal” means a vertebrate (other than a human) or invertebrate but does not include fish.

• (4) An “agri-food supply chain” is a supply chain for providing individuals with items of food or drink for personal consumption where the items consist of or include, or have been produced using (directly or indirectly and whether or not exclusively), the whole or part of—

• (a) anything grown or otherwise produced in carrying on agriculture,

• (b) any animal kept in carrying on agriculture,

• (c) any animal or other thing (other than fish) taken from the wild.

• (5) The persons in an agri-food supply chain are—

• (a) the individuals referred to in subsection (4) (the “ultimate consumers”),

• (b) the persons carrying on the agriculture or (as the case may be) taking the things from the wild, and

• (c) any other person in the supply chain between those persons and the ultimate consumers.

• (6) The persons closely connected with an agri-food supply chain are—

• (a) any person supplying seeds, stock, equipment, feed, fertiliser, pesticides, medicines or similar items to the persons referred to in subsection (5)(b) for use in the agriculture or taking,

• (b) any person providing to the persons referred to in subsection (5)(b) or (c) services relating to—

• (i) the health of animals or plants involved in the supply chain,

• (ii) the safety or quality of the food or drink to be provided to the ultimate consumers,

• (c) any person carrying on activities capable of affecting a matter mentioned in sub-paragraph (i) or (ii) of paragraph (b), and

• (d) bodies representing persons within paragraphs (b) or (c) of subsection (5) or paragraphs (a), (b) or (c) of this subsection.