http://www.legislation.gov.uk/ssi/2019/73The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019texttext/xmlenEXITING THE EUROPEAN UNIONAGRICULTUREFOODStatute Law Database2024-05-15Expert Participation2020-12-31 These Regulations are in general made by the Scottish Ministers in exercise of the powers conferred by paragraphs 1(1) and (3) of Schedule 2 of the European Union (Withdrawal) Act 2018 (c.16), in order to address failures of EU derived domestic law to operate effectively and other deficiencies as regards Scotland that would otherwise arise as a result of the withdrawal of the UK from the European Union. The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019reg. 5(3)(a)(b)The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019reg. 1(3) 2019 No. 73Exiting The European UnionAgricultureFoodThe Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019Made26th February 2019Laid before the Scottish Parliament27th February 2019Coming into force in accordance with regulation 1The Scottish Ministers make these Regulations in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 , and section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972 , and all other powers enabling them to do so.These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Scottish Ministers that it is expedient for references in these Regulations to Commission Implementing Regulation (EU) 2017/1185 to be construed as references to that Regulation as amended from time to time.There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety , during the preparation and evaluation of these Regulations so far as they relate to food.Citation and commencement11These Regulations may be cited as the Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019.2Subject to paragraph (3), these Regulations come into force on exit day.3Regulations 2 and 5(3)(a) and (b) come into force on 28 March 2019.Amendment of the Reporting of Prices of Milk Products (Scotland) Regulations 200521The Reporting of Prices of Milk Products (Scotland) Regulations 2005 are amended as follows.2In regulation 2 (interpretation)—afor the definition of “Commission Regulation” substitute—“Commission Regulation” means Commission Implementing Regulation (EU) 2017/1185 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations , and any reference to Annex I, Annex II or Annex III to the Commission Regulation means a reference to the Annex as amended from time to time;;bfor the definition of “milk products” substitute—“milk products” means the milk and milk products to which Point 7 of Annex I, Point 4 of Annex II and Point 9 of Annex III to the Commission Regulation apply..3In regulation 3(1) (provision of information on prices) for “Articles 2 and 3” substitute “ Articles 7, 11 and 12 ”.Amendment of the Quality Meat Scotland Order 200831The Quality Meat Scotland Order 2008 is amended as follows.2In paragraph 9(1) of schedule 3 (levies) for “from another member State” substitute “ into the United Kingdom ”.Amendment of the Beef and Pig Carcase Classification (Scotland) Regulations 201041The Beef and Pig Carcase Classification (Scotland) Regulations 2010 are amended as follows.2In paragraph (1) of regulation 2 (interpretation)—afor “European beef”, in each place it occurs, substitute “ retained EU beef ”;bfor “European pig”, in each place it occurs, substitute “ retained EU pig ”;cmove the definitions of “retained EU beef provision” and “retained EU pig provision” (as so amended) to the end of that paragraph.3In regulation 5(3) (small-scale bovine operators), for “European” substitute “ retained EU ”.4In regulation 6(1)(c) (competent authority etc.: bovine carcases), for “Articles 13 and” substitute “ Article ”.5In regulation 17(2) (powers of entry), omit “, including any representative of the European Commission”.6In regulation 19 (offences: European beef provisions), for “European” in each place it occurs including the heading substitute “ retained EU ”.7In regulation 20 (offences: European pig provisions), for “European” in each place it occurs including the heading substitute “ retained EU ”.8In regulation 28 (offences: punishment), for “European” in each place it occurs substitute “ retained EU ”.9In schedule 1 (European beef provisions: bovine carcases)—ain the heading, for “European” substitute “ Retained EU ”;bin the heading of column 1 of the table, for “European” substitute “ retained EU ”;cin the fourth row of the table, for “Union” substitute “ United Kingdom ”.10In schedule 2 (European provisions: pig carcases)—ain the heading, for “European” substitute “ Retained EU ”;bin the heading of column 1 of the table, for “European” substitute “ retained EU ”;cin the third row of the table, for “methods authorised by the Commission” substitute “ authorised methods ”.Amendment of the Beef and Veal Labelling (Scotland) Regulations 201051The Beef and Veal Labelling (Scotland) Regulations 2010 are amended as follows.2In regulation 3 (enforcement authorities), omit paragraph (1)(d).3In regulation 4 (offences under European legislation), in paragraph (1) omit—a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .csub-paragraph (b)(viii).4In regulation 7(2) (powers of entry), omit “, including any representative of the European Commission”.FERGUS EWING A member of the Scottish Government
St Andrew's House,
Edinburgh

(This note is not part of the Regulations)

These Regulations are in general made by the Scottish Ministers in exercise of the powers conferred by paragraphs 1(1) and (3) of Schedule 2 of the European Union (Withdrawal) Act 2018 (c.16), in order to address failures of EU derived domestic law to operate effectively and other deficiencies as regards Scotland that would otherwise arise as a result of the withdrawal of the UK from the European Union.

Regulations 2 and 5(3)(a) and (b) are made in exercise of the powers conferred by section 2(2) and paragraph 1A of Schedule 2 of the European Communities Act 1972, in order to correct before the date of withdrawal cross-references to European Union instruments in Scottish legislation.

These Regulations make amendments in the field of common market organisations for certain agricultural products.

Regulation 2 updates cross-references to EU instruments in the Reporting of Prices of Milk Products (Scotland) Regulations 2005.

Regulations 3 to 5 both update cross-references and fix deficiencies in the Scottish statutory instruments that implement or relate to EU measures providing for marketing standards and related measures as regards Quality Meat Scotland, beef and pig carcasses, and beef and veal labelling.

2018 c.16.1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of the schedule of the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). The functions conferred upon the Minister of the Crown under section 2(2), insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of schedule 2 was inserted by section 28 of the 2006 Act and was amended by Part 1 of the schedule of the 2008 Act.OJ L 131, 1.2.2002, p.1, as last amended by Commission Regulation (EU) 2017/228 (OJ L 35, 10.2.2017, p.10).S.S.I. 2005/484, as amended by S.S.I. 2011/81.OJ No. L 171, 4.7.2017, p. 113.S.S.I. 2008/77.S.S.I. 2010/330, as amended by S.I. 2013/3235 and S.S.I. 2018/182.S.S.I 2010/402, as amended by S.I. 2013/3235 and by S.S.I. 2018/391.Reg. 5(3)(a)(b) omitted (27.3.2019) by virtue of The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Amendment Regulations 2019 (S.S.I. 2019/89), regs. 1, 2(2)Reg. 2 in force at 28.3.2019, see reg. 1(3)Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)Reg. 5(1)(2)(3)(c)(4) in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)