Schedule 5, Part 2: Intervention in Agricultural Markets
Paragraph 7 of Schedule 5 enables the Welsh Ministers to make and publish a declaration if the Welsh Ministers consider there are exceptional market conditions. Paragraph 7(2) sets out a two-part test to identify where exceptional market conditions may exist. Paragraph 7(3) sets out what must be included in the declaration. Paragraph 7(4) states that the declaration has effect until the specified end-date, which must be no more than three months from the date when it is published. Paragraph 7(5) allows the Welsh Ministers to revoke the declaration made under Paragraph 7(1) by making and publishing a further declaration to that effect. Paragraph 7(6) provides a power to extend the declaration made under paragraph 7(1) for a period not exceeding three months, by making and publishing a declaration to that effect at any time in the 7 days ending with the day of the original declaration’s end date. Paragraph 7(7) allows the Welsh Ministers to make a new declaration of exceptional market conditions relating to the same events if the exceptional market conditions continue. Paragraph 7(8) states that declarations made under paragraph 7(6) must be published and then laid before Senedd Cymru as soon as practicable. Paragraph 7(9) explains the meaning of certain terms used in paragraphs 7 and 8.
	Following a declaration under paragraph 7, the Welsh Ministers may then exercise the powers conferred under paragraph 8, until the declaration is no longer in effect. Paragraph 8(2) provides that the Welsh Ministers may give, or agree to give, financial assistance to support agricultural producers in Wales whose incomes are being, or are likely to be, adversely affected by the exceptional market conditions described in the declaration. Paragraph 8(3) provides that the Welsh Ministers may also make such use as they consider appropriate of any available powers under retained direct EU legislation which provides for the operation of public intervention and aid for private storage mechanisms in response to the declaration.
	Paragraph 9 of Schedule 5 confers on the Welsh Ministers powers to modify retained direct EU legislation relating to public market intervention or aid for private storage so that operation of such schemes may be tailored to prevailing domestic circumstances when they are used in a period of exceptional market conditions established under paragraph 7.
	Paragraph 9(2) provides that the Welsh Ministers may make regulations to modify that legislation for the purpose of securing that such legislation ceases to have effect in relation to Wales otherwise than in connection with exceptional market conditions that are the subject of a declaration under paragraph 7, or altering the operation of that legislation in relation to Wales otherwise than in connection with such market conditions (and pending the legislation ceasing to have effect).
	Paragraph 9(3) states that the power conferred by paragraph 9(1) includes the power to make specific amendments to the public intervention and private storage aid schemes that apply only in relation to the exceptional market conditions which are the subject of a particular declaration specified in the regulations.
	Paragraph 9(4) states that the powers conferred by paragraphs 9(1) and (2) include the power to change what agricultural products are eligible for public intervention and private storage aid.
	Paragraph 9(5) provides that regulations made under this paragraph are subject to the negative resolution procedure, unless section 50(5) applies, in which case the procedure is affirmative.
	Paragraph 9(6) defines "retained direct EU legislation relating to public market intervention or aid for private storage" for the purposes of this paragraph.
	Paragraph 9(7) states that until paragraph 2 of Schedule 7 to the Act, which amends the existing exceptional measures powers in the CMO (articles 219, 220, 221 and 222 of EU Regulation 1308/2013), is in force, references in this paragraph to exceptional market conditions subject to a declaration under paragraph 7 also includes reference to actions being undertaken under the existing exceptional measures powers.
	The powers conferred on the Welsh Ministers in Part 2 of Schedule 5 are very similar to the intervention powers conferred on the Secretary of State under Part 2, Chapter 2 of the Act in respect of England (sections 20-22).