The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Scottish Statutory Instruments

2019 No. 190

Exiting The European Union

Seeds

The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Made

28th May 2019

Laid before the Scottish Parliament

30th May 2019

Coming into force in accordance with regulation 1(1)

The Scottish Minister make these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 , paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 M2 , and all other powers enabling them to do so.

Marginal Citations

M1 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 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. The powers in section 2(2) are exercised in relation to Part 2 of these Regulations.

M2 2018 c.16.

PART 1 S INTRODUCTION

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and come into force as follows—

(a) as regards this Part, Part 2 and regulation 6, on 29 June 2019,

(b) as regards the remainder of Part 3, on exit day.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 29.6.2019, see reg. 1(1)(a)

PART 2 S AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972

The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 S

2.—(1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 M3 are amended as follows.

(2) In regulation 5(2) (general requirements for marketing of plant material), for “31st December 2018” substitute “ 31 December 2022 ”.

Commencement Information

I2 Reg. 2 in force at 29.6.2019, see reg. 1(1)(a)

Marginal Citations

M3 S.S.I. 2017/177, as amended by S.S.I. 2019/59 (some of these amendments are not yet in force).

PART 3 S AMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION

Prospective

The Vegetable Seeds Regulations 1993 S

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 revoked (31.12.2020) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), reg. 1(1)(a), sch.

Prospective

The Cereal Seed (Scotland) Regulations 2005 S

F2 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 4 revoked (31.12.2020) by The Seed, Plant Propagating Material and Forest Reproductive Material (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/445), reg. 1(1)(a), sch.

The Seed Potatoes (Scotland) Regulations 2015 S

5.—(1) The Seed Potatoes (Scotland) Regulations 2015 M4 are amended as follows.

(2) In regulation 7(2) (marketing requirements - conservation varieties), for the words from the beginning to “Commission Directive 2008/62/EC” substitute “ Where the quantities laid down in Article 14 of Commission Directive 2008/62/EC would otherwise be likely to be exceeded ”.

Commencement Information

I3 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)(b)

Marginal Citations

M4 S.S.I. 2015/395, amended by S.S.I. 2016/68, S.S.I. 2016/434, S.S.I. 2018/391 and S.S.I. 2019/59.

Revocation S

F3 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 6 revoked (31.12.2020 immediately before IP completion day) by The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/289), regs. 1(b), 8; 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I4 Reg. 6 in force at 29.6.2019, see reg. 1(1)(a)

MAIRI GOUGEON

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

Explanatory Note

(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 of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular, those mentioned in section 8(2)(a), (c), (d) and (g) of that Act) arising from the withdrawal of the United Kingdom 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 Fruit Plant and Propagating Material (Scotland) Regulations 2017 in implementation of Commission Implementing Decision (EU) 2019/120 (OJ L 24, 28.1.2019, p.27), which amends Article 12(2) of Council Directive 2008/90/EC (OJ L 267, 8.10.2008, p.8), to extend the derogation available to Member States relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries. This extends that derogation from 31 December 2018 until 31 December 2022.

Part 3 makes amendments to secondary legislation concerning the marketing of vegetable and cereal seed and seed potatoes, consequential on the United Kingdom's withdrawal from the European Union. Regulations 3 to 5 correct drafting errors identified in amendments made by the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 and fulfil a commitment to the Scottish Parliament to do so. In consequence, regulation 6 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.

A business and regulatory impact assessment has not been produced for this instrument as no, or no significant, impact upon business, charities or voluntary bodies is foreseen.