Scottish Statutory Instruments
2019 No. 289
Exiting The European Union
Agriculture
Horticulture
Plant Health
Seeds
The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019
Laid before the Scottish Parliament
12th September 2019
Coming into force in accordance with regulation 1
The Scottish Ministers make these Regulations in the exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 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 1 SINTRODUCTION
Citation, commencement and extentS
1.—(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 2 SAMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972
The Marketing of Vegetable Plant Material Regulations 1995S
2. In the Marketing of Vegetable Plant Material Regulations 1995 , after regulation 4 (small producers) insert—
“Plant Material from outside the European Union: authorisation
4A.—(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.”.
Commencement Information
Marginal Citations
PART 3 SAMENDMENTS OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION
The Marketing of Vegetable Plant Material Regulations 1995S
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017S
4. In the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 , in regulation 5(2) (general requirements for marketing of plant material), for “European Union” substitute “ United Kingdom ”.
Commencement Information
Marginal Citations
PART 4 SREVOCATIONS
The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019S
5. Regulations ... 13(5)(c) ... (the Cereal Seed (Scotland) Regulations 2005) and 16(7)(a) (the Seed Potatoes (Scotland) Regulations 2015) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 are revoked.
Textual Amendments
Commencement Information
Marginal Citations
The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019S
6. Regulation 7(4) (the Rural Development (Scotland) Regulations 2015) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 is revoked.
Commencement Information
Marginal Citations
The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019S
7. 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 is revoked.
Commencement Information
Marginal Citations
The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019S
8. Regulation 6 (revocation) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 is revoked.
Commencement Information
Marginal Citations
The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019S
9. Part 4 (revocation) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 is revoked.
Commencement Information
Marginal Citations
MAIRI GOUGEON
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
Explanatory Note
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.