Agriculture

Recent Articles

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  08/07/2025

  Scotland

  An expanding menu: Scottish food and drink sector financing and the Moveable Transactions (Scotland) Act 2023

  IntroductionFood and drink in Scotland is big business – the sector is reported to be a c. £15 billion industry. In this Law-Now, we outline how reforms to taking security under Scots law and the assignation of claims may be utilised by Scottish food and drink producers.The Moveable Transactions (Scotland) Act 2023The relevant reforms are those contained in the Moveable Transactions (Scotland) Act 2023 (the “Act”), which came fully into force on 1 April 2025. In broad terms, the Act makes major changes to Scots law in two discrete areas.Firstly, a new fixed security right...

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  28/03/2025

  Poland

  Poland enacted law creating incentives for investing in renewable energy

  On 25 June 2025, the lower house of the Polish parliament enacted a draft law amending the law on investments in wind power plants and other laws, which removes investment restrictions hindering the rapid development of renewable energy sources in Poland, particularly in the wind energy sector.One of the most important components of this act, however, are the legislative changes concerning the implementation of biomethane and biogas projects. The new regulations are intended to create incentives for investment in large biomethane plants and complement the existing solutions (see this CMS Law-Now...

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  31/05/2024

  Scotland

  Blockchain technology in the Scottish food and drink sector: against the grain?

  IntroductionScotland’s food and drink sector is reported to be a c. £15 billion industry. However, while the importance of the sector to the Scottish (and wider UK) economy is unlikely to change, the technology available to producers in terms of how they run their businesses is constantly evolving. In this Law-Now, we outline various ways in which businesses operating in the food and drink industry may be able to make use of fintech to maximise the potential of this vibrant sector. Use casesGiven the current success of the Scottish food and drink sector, producers may question...

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  05/02/2024

  United Kingdom

  Seeing the wood for the trees: Government updates Consultation Direction to capture development affecting ancient woodland

  On 26 January, the Government introduced a new duty requiring local planning authorities to consult the Secretary of State regarding developments that impact ancient woodland. For many years, a direction has been in place requiring planning applications for certain forms of development to be referred to the Secretary of State before local planning authorities (“LPAs”) may grant permission (“Consultation Direction”). The new Consultation Direction creates a further procedural hurdle for developments to surpass if they harm this unique habitat. Background During...

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  19/01/2024

  International

  CBAM: Just over a week to comply

  As the deadline for the first Carbon Border Adjustment Mechanism (CBAM) report approaches on January 31st, it is crucial for undertakings engaged in importing relevant goods into the European Union to understand their obligations - which take practical effect this month. The CBAM, established by Regulation (EU) 2023/956, represents a significant step in the EU’s efforts to combat climate change and carbon leakage, aligning with the overarching goals of the European Green Deal and the Paris Agreement.Key Practical Points on CBAM:Scope of CBAM: This mechanism applies to specific goods listed...

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  30/08/2023

  International

  CBAM Implementing Regulation and Extensive Additional Reporting Guidance Published

  Earlier this month, the European Commission (“EC”) adopted an Implementing Regulation (“IR”) and released extensive Guidance Documents (“Guidance”) on the practicalities of reporting requirements for the transitional phase of the EU’s Carbon Border Adjustment Mechanism (“CBAM”) framework. This first material phase of CBAM will commence on October 1, 2023 (“Transitional Period”). The Guidance complements the IR in providing vital instructions for both installation operators (exporters) outside the EU and importers of CBAM goods within...

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