The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in part in exercise of the powers conferred by paragraphs 1(1) and (3) and 11M(1) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”). These Regulations make amendments to retained direct EU legislation and EU derived domestic legislation in the fields of marketing standards for agricultural products, aquatic animal health and environmental protection.

Regulations 2, 3(3) and (5), 6(3), (11)(a) and (b), 13, 14 and 16 of these Regulations make provision to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union, and deal with matters arising out of, or related to, the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

Regulation 2 amends Regulation (EC) 1234/2007 (“EUR 1234/2007”). EUR 1234/2007 was repealed and replaced by Regulation (EU) 1308/2013 (“EUR 1308/2013”). However the provisions amended by regulation 2 continue to apply under article 230(1)(c) of EUR 1308/2013. The amendments replace references to “Member States” and “the Community” with appropriate domestic references, and omit redundant provisions.

Regulation 3(3) and (5) amend Regulation (EC) 543/2008 to substitute reference to a Directive with corresponding domestic legislation, and to remove a redundant cross reference. Regulation 6(3) and (11)(a) and (b) omit references to redundant provisions in EUR 1308/2013.

Regulation 13 amends the Hops Certification Regulations 1979 to omit regulation 3(1)(f), which is redundant due to provision made in the Internal Market Act 2020 (c.27) for the mutual recognition principle for goods.

Regulation 14 amends the Genetically Modified Organisms (Deliberate Release) (Scotland) Regulations 2002 to implement the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

Regulation 16 amends the Aquatic Animal Health (Scotland) Regulations 2009 (“the 2009 Regulations”). The amendments relate to the definition of the term “processing establishment” at regulation 3(1) of the 2009 Regulations, which cross-refers to Article 33 of Chapter V of Directive 2006/88/EC. The amendments ensure that, for the purposes of the definition of the term “processing establishment” in the 2009 Regulations, the reference in Article 33(1) of that Directive to “the competent authority” is understood to mean “the Scottish Ministers”.

These Regulations otherwise make amendments consequential on sections 9 to 12 and the schedule of the Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (“the 2020 Act”). The amendments omit cross references to articles EUR 1308/2013 which have been disapplied by the 2020 Act. These are replaced by cross references to retained direct minor EU legislation made under those disapplied articles, which continues to apply as provided by the 2020 Act, and to powers under the 2020 Act to make regulations about marketing standards.

No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.