The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019
The Scottish Ministers make these Regulations in the exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1, paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 M2 and all other powers enabling them to do so.
In accordance with paragraph 4 of schedule 2 of the European Union (Withdrawal) Act 2018, they have consulted with the Secretary of State.
PART 1INTRODUCTION
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force as follows—
(a)
as regards this Part and Part 2, on 31 October 2019,
(b)
as regards Part 4, immediately before exit day,
(c)
as regards Part 3, on exit day.
(2)
These Regulations extend to Scotland only.
PART 2AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972
The Marketing of Vegetable Plant Material Regulations 19952.
“Plant Material from outside the European Union: authorisation4A.
(1)
The Scottish Ministers may, until 31 December 2022, authorise the marketing of plant material from any country outside the European Union if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations from plant material.
(2)
An authorisation given under this regulation—
(a)
must be in writing,
(b)
may be subject to conditions, and
(c)
may be amended, suspended or revoked by notice.”.
PART 3AMENDMENTS OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION
The Marketing of Vegetable Plant Material Regulations 1995F13.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 20174.
In the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 M4, in regulation 5(2) (general requirements for marketing of plant material), for “European Union” substitute “
United Kingdom
”
.
PART 4REVOCATIONS
The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 20195.
The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 20196.
Regulation 7(4) (the Rural Development (Scotland) Regulations 2015) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 M6 is revoked.
The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 20197.
Regulation 3(13) (amendment of the Marketing of Horticultural Produce (Scotland) Regulations 2009) of the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 M7 is revoked.
The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 20198.
Regulation 6 (revocation) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 M8 is revoked.
The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 20199.
Part 4 (revocation) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 M9 is revoked.
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations are principally made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) in order to address deficiencies in EU-derived domestic legislation in Scotland arising from the withdrawal of the UK from the European Union.
Part 2 (regulation 2), made in exercise of powers under the European Communities Act 1972 (c.68), amends the Marketing of Vegetable Plant Material Regulations 1995 to implement a derogation available to Members States in Article 16 of Council Directive 2008/72/EC (OJ L 205, 1.8.2008, p.28-39) on the marketing of vegetable propagating and planting material, other than seed.
Part 3 (regulations 3 and 4) makes amendments to fix deficiencies in secondary legislation concerning the marketing of vegetable plant material and fruit plant and propagating material consequential on the United Kingdom's withdrawal from the European Union.
Part 4 (regulations 5 to 9) makes revocations. Regulation 5 revokes regulations 9(2)(a)(ix), 13(5)(c) and (d) and 16(7)(a) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 in consequence of regulations 3 to 5 of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 which correct drafting errors identified in amendments made by the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019, in fulfilment of a commitment to the Scottish Parliament to do so. Regulation 6 revokes regulation 7(4) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 in consequence of the amendment to regulation 16(1)(d) of the Rural Development (Scotland) Regulations 2015 made by regulation 4 of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019. Regulation 7 revokes regulation 3(13) of the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 in consequence of the amendment to the Marketing of Horticultural Produce (Scotland) Regulations 2009 made by regulation 3 of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019. Regulations 8 and 9 revoke respectively regulation 6 of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and Part 4 (regulations 5 and 6) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and are made in consequence of regulations 5, 6 and 7 of this instrument which make provision in place of those regulations.
No Business and Regulatory Impact Assessment has been produced for this instrument as no, or no significant impact upon business, charities or voluntary bodies is foreseen.