The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Amendment of the Eggs and Chicks (Scotland) (No. 2) Regulations 2008

4.—(1) The Eggs and Chicks (Scotland) (No. 2) Regulations 2008(1) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “Council Directive 1999/74/EC”,

(b) for the definition of “Council Regulation 2013” substitute—

““Council Regulation 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007(2), as amended from time to time,”,

(c) in the definition of “Regulation (EU) No 1169/2011” at the end insert “, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council(3)”,

(d) after the definition of “Regulation (EU) No 1169/2011” omit “and”,

(e) in the definition of “Regulation (EC) No. 2160/2003” at the end insert “, as last amended by Council Regulation (EU) No 517/2013(4)”, and

(f) after the definition of “Regulation (EC) No. 2160/2003” insert—

““the Scottish welfare regulations” means the Welfare of Farmed Animals (Scotland) Regulations 2010(5), and

“third country” means any country or territory other than—

(i)

the United Kingdom,

(ii)

the Bailiwick of Guernsey,

(iii)

the Bailiwick of Jersey, and

(iv)

the Isle of Man.”.

(3) In regulation 4 (compliance with EU provisions on eggs for hatching and chicks), in the heading omit “EU”.

(4) In regulation 5(1) (registration of establishments) for “agency” substitute “authority”.

(5) In regulation 7 (compliance with EU provisions on eggs in shell for consumption), in the heading omit “EU”.

(6) In regulation 11(3) (derogation relating to free-range eggs)—

(a) for “Article 4(1) of Council Directive 1999/74/EC (provisions applicable to alternative systems)” substitute “schedule 3 of the Scottish welfare regulations”, and

(b) for sub-paragraphs (a) to (e) substitute—

“(a) the second and third conditions of paragraph 17(d),

(b) paragraph 17(e),

(c) paragraph 18,

(d) paragraph 19(a)(i), and

(e) paragraph 19(b)(i).”.

(7) In regulation 12(3) (derogation relating to barn eggs)—

(a) for “Article 4(1) of Council Directive 1999/74/EC” substitute “schedule 3 of the Scottish welfare regulations”, and

(b) for sub-paragraphs (a) to (e) substitute—

“(a) the second and third conditions of paragraph 17(d),

(b) paragraph 17(e),

(c) paragraph 18,

(d) paragraph 19(a)(i), and

(e) paragraph 19(b)(i).”.

(8) In regulation 12A (compliance with EU provisions), in the heading omit “EU”.

(9) In schedule 1 (community provisions relating to eggs for hatching and chicks contravention of which is an offence)—

(a) in the schedule heading for “COMMUNITY” substitute “RETAINED EU”,

(b) in Part 1 (provisions of the single CMO regulation or Council Regulation 2013), in the Table, in the first row (Article 74 of the Council Regulation 2013), in column 1 for “Article 74 of the Council Regulation 2013” substitute “Article 116 of the Single CMO Regulation”, and

(c) in Part 2 (provisions of Commission Regulation (EC) No. 617/2008), in the Table, omit the sixth row (Article 3(7)).

(10) In schedule 2 (community provisions relating to eggs in shell for consumption contravention of which is an offence)—

(a) in the schedule heading for “COMMUNITY” substitute “RETAINED EU”,

(b) in Part 1 (provisions of Council Regulation 2013), in the Table—

(i) in the ninth row (Articles 75(2) and (3) of Council Regulation 2013), in column 3 for “EU legislation” substitute “retained EU law”, and

(ii) in the tenth row (Articles 75(2) and (3) of Council Regulation 2013), in column 3 for “EU legislation” substitute “retained EU law”,

(c) in Part 2 (provisions of Commission Regulation (EC) No. 589/2008), in the Table—

(i) in the second row (Article 2(2)), omit the text in column 2,

(ii) omit the eighteenth, nineteenth and twentieth rows (relating to Article 8),

(iii) in the twenty-first row (Article 9(1)), for the text in column 2 substitute “regulation 4 of the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003(6)”,

(iv) in the twenty-fourth row (Article 12(2), first and second sub paragraphs), in column 2—

(aa) omit “and Part A of Annex I,”, and

(bb) for the words “Article 2 of Council Regulation (EEC) No. 2092/91” to “foodstuffs” substitute “Article 23 of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91(7)”,

(v) in the twenty-sixth row (Article 12(2), fourth sub paragraph)—

(aa) for the text in column 2 substitute “Part 4 of schedule 3 of the Scottish welfare regulations”, and

(bb) in column 3, for the words from “listed” to the end substitute ““enriched cages””,

(vi) in the thirty-third row (Article 17), in column 2, for “Annex 11” substitute “Annex II”, and

(vii) in the forty-sixth row (Article 30(3)), in column 3, for “EU legislation” substitute “retained EU law”.

(1)

S.S.I. 2008/395, amended by S.S.I. 2010/450, S.I. 2011/1043, S.I. 2013/3235 and S.S.I. 2014/312.

(2)

OJ L 347, 20.12.2013, p.671.

(3)

OJ L 327, 11.12.2015, p.1.

(4)

OJ L 158, 10.6.2013, p.1.

(5)

S.S.I. 2010/388, as amended on exit day by S.S.I. 2019/34.

(6)

S.S.I. 2003/576.

(7)

OJ L 189, 20.07.2007, p.1, as last amended by Council Regulation (EU) No 517/2013 (OJ L 158, 10.6.2013, p.1).