The Agriculture (EU Exit) (Scotland) (Amendment) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made by the Scottish Ministers in exercise of the powers conferred by paragraphs 1(1) and (3) and 11M of schedule 2, and paragraph 21(b) of schedule 7, of the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”). The Regulations are made in order to address failures of retained EU law to operate effectively arising as a result of the withdrawal of the UK from the European Union and to implement the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.

These Regulations make amendments to legislation in the field of agriculture market measures and, in particular, amend legislation relating to eggs and chicks, horticulture, poultrymeat and school milk. They also amend legislation related to Common Agricultural Policy (“CAP”) schemes in Scotland.

The agriculture market measures amendments are to ensure the enforcement of marketing standards and common market organisation in these product sectors operate effectively at the end of the implementation period.

The CAP amendments are to ensure that domestic CAP legislation operates effectively at the end of the implementation period.

“The implementation period” means the transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day (31 January 2020) and ending on IP completion day (see section 1A of the 2018 Act). “IP completion day” means 31 December 2020 at 11.00 p.m. (see section 1A(6) of the 2018 Act and section 39(1) to (5) of the European Union (Withdrawal Agreement) Act 2020 (c.1)).

No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations as no significant impact upon business, charities or voluntary bodies is foreseen.