The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Beef and Pig Carcase Classification (Scotland) Regulations 2010 (the “2010 Regulations”) consequent to the repeal of Commission Regulation (EC) No 1249/2008 (OJ L 337, 16.12.2008, p.3) (the “Commission Regulation”). These Regulations also implement provisions of the Commission Delegated Regulation (EU) 2017/1182 (OJ L 171, 4.7.2017, p.74) (the “Commission Delegated Regulation”) and Commission Implementing Regulation (EU) No. 2017/1184 (OJ L 171, 4.7.2017, p.103) (the “Commission Implementing Regulation”) which together replace the repealed Commission Regulation.

Regulation 3 amends regulation 2 of the 2010 Regulations to update the necessary definitions which require updating as a result of the repeal and replacement of the Commission Regulation.

Regulation 4 amends regulation 5 of the 2010 Regulations to amend the definition of “small-scale bovine operator” in terms permitted by the Commission Delegated Regulation.

Regulation 5 amends regulation 6 to designate, where necessary, the Scottish Ministers as the competent authority for the purposes of bovine carcases under the Commission Implementing Regulation and the Commission Delegated Regulation.

Regulation 6 substitutes a new regulation 7 of the 2010 Regulations on marking, to make provision for the exercise of the derogation provided for in Article 8(6)(b) of the Commission Delegated Regulation in respect of marking of bovine carcases.

Regulations 7 and 8 amend regulations 8 and 9 of the 2010 Regulations to update references to the Commission Implementing Regulation and the Commission Delegated Regulation required as a result of the repeal and replacement of the Commission Regulation.

Regulation 9 amends regulation 13 of the 2010 Regulations to amend the definition of “small-scale pig operator” in terms permitted by the Commission Delegated Regulation.

Regulation 10 amends regulation 14 to designate, where necessary, the Scottish Ministers as the competent authority for the purposes of pig carcases under the Commission Implementing Regulation and Commission Delegated Regulation.

Regulation 11 substitutes a new regulation 15 of the 2010 Regulations on marking to make provision for the exercise of the derogation provided for in Article 8(6)(a) of the Commission Delegated Regulation, in relation to pig carcases.

Regulation 12 amends regulation 18 of the 2010 Regulations to update references to the Commission Implementing Regulation and the Commission Delegated Regulation.

Regulation 13 amends regulation 19 of the 2010 Regulations to make consequential changes to the offence provisions taking into account the new provisions on marking.

Regulation 14 amends regulations 20 and 21 of the 2010 Regulations to update the language on offences in line with current drafting practice.

Regulation 15 amends regulation 22 of the 2010 Regulations and inserts a new regulation 22A into the 2010 Regulations. It has the effect that it is an offence for classification of a pig carcase to be carried out without using an authorised grading method provided for in Article 9(b) and Article 11 of the Commission Delegated Regulation. The words “automated grading equipment” in regulation 22 of the 2010 Regulations, which relate to bovine carcases, are substituted by “automated grading method” to reflect the terms of Article 11 of the Commission Delegated Regulation. Regulation 15 also updates the language in regulation 22 of the 2010 Regulations on offences in line with current drafting practice.

Regulation 16 amends regulation 23 of the 2010 Regulations to update references to the Commission Delegated Regulation and also updates the language on offences in line with current drafting practice.

Regulations 17, 19 and 20 amend regulations 24, 26 and 28 of the 2010 Regulations to update the language on offences in line with current drafting practice and to reflect the introduction of regulation 23(3) of the 2010 Regulations by regulation 16 of these Regulations.

Regulation 18 amends regulation 25 of the 2010 Regulations to make consequential changes to the 2010 Regulations to include references to the new regulation 22A, as inserted by regulation 15 of these Regulations.

Regulation 23 makes transitional provision, the effect of which is that licences granted under the regulation 9 of the 2010 Regulations remain valid when these Regulations come into force, notwithstanding the amendments made by regulation 8 of these Regulations.

Schedules 1 and 2 of the 2010 Regulations are substituted by regulations 21 and 22 respectively, and provide for updated references to the Commission Implementing Regulation and the Commission Delegated Regulation.

Further minor amendments to the 2010 Regulations are made.

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