The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019
| Year | 2019 |
2019 No. 347
Exiting The European Union
Agriculture
Animals
Food
The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019
Made 29th October 2019
Laid before the Scottish Parliament 30th October 2019
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 20181, section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 19722, 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 Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001and (EC) 1234/20073to be construed as references to that Regulation as amended from time to time.
In accordance with Article 9 of Regulation (EC) No 178/2002of 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 safety4, the Scottish Ministers have consulted with representative bodies during the preparation, evaluation and revision of food law contained in these Regulations.
Citation and commencement
1.—(1) These Regulations may be cited as the Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and come into force in accordance with paragraphs (2) and (3).
(2) Regulations—
(a)
(a) 4(2)(b) to (e),
(b)
(b) 4(9)(b),
(c)
(c) 4(10)(c)(iv)(bb) and (vi),
(d)
(d) 5(2),
(e)
(e) 5(9)(b), and
(f)
(f) 5(9)(c)(i) and (iv),
come into force on 9 December 2019.
(3) All regulations not listed in paragraph (2) come into force on the later of—
(a)
(a) exit day, or
(b)
(b) 9 December 2019.
Amendment of the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003
2.—(1) The Registration of Establishments Keeping Laying Hens (Scotland) Regulations 20035are amended as follows.
(2) In regulation 2(1) (interpretation), omit the definition of “the Directive”.
(3) In regulation 4 (register of establishments and provision of distinguishing number)—
(a)
(a) in paragraph (2), for “paragraph 2 of the Annex to the Directive” substitute “paragraph (4)”,
(b)
(b) in paragraph (3), for “in accordance with paragraph 2 of the Annex to the Directive” substitute “which meets the requirements of paragraph (4)”, and
(c)
(c) after paragraph (3), insert—
“4 The distinguishing number must be composed of the appropriate farming method code, determined in accordance with paragraphs (6) to (8), followed by the letters “UK”, followed by a unique identification number allocated to the establishment by the Scottish Ministers.
5 Where it appears appropriate to the Scottish Ministers to do so, the Scottish Ministers may add further characters to the unique identification number required by paragraph (4), including characters which identify single flocks kept in separate buildings of an establishment.
6 Except where paragraph (7) applies, when the farming method in column A is used, the appropriate farming method code is the corresponding number in column B.
Column A |
Column B |
Free range |
1 |
Barn |
2 |
Cages |
3 |
7 Where the farming method used in the establishment produces eggs under the conditions set out in Council Regulation (EC) No 834/2007on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/916, the appropriate farming method code is “0”.
8 For the purposes of paragraph (6), the farming method used in an establishment is to be determined in accordance with Commission Regulation (EC) No 589/2008laying down detailed rules for implementing Council Regulation (EC) No 1234/2007as regards marketing standards for eggs7.”.
(4) In regulation 5(1) (procedure for application for registration) for “paragraph 1 of the Annex to the Directive” substitute “the schedule”.
(5) At the end insert the schedule set out in the schedule of these Regulations.
Amendment of the Reporting of Prices of Milk Products (Scotland) Regulations 2005
3.—(1) The Reporting of Prices of Milk Products (Scotland) Regulations 20058are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) omit the definition of “Commission Regulation”, and
(b)
(b) for the definition of “milk products” substitute—
““milk products” means whey powder, skimmed milk powder, whole milk powder, butter, cheeses (including commodity cheeses) and raw milk.”.
(3) In regulation 3 (provision of information on prices of milk products)—
(a)
(a) in paragraph (1) omit the words “for” to the end, and
(b)
(b) in paragraph (2) for “at a frequency determined by the Commission Regulation” substitute “on a regular basis”.
Amendment of the Eggs and Chicks (Scotland) (No. 2) Regulations 2008
4.—(1) The Eggs and Chicks (Scotland) (No. 2) Regulations 20089are amended as follows.
(2) In regulation 2(1) (interpretation)—
(a)
(a) omit the definition of “Council Directive 1999/74/EC”,
(b)
(b) for the definition of “Council Regulation 2013” substitute—
““Council Regulation 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001and (EC) No 1234/200710, as amended from time to time,”,
(c)
(c) in the definition of “Regulation (EU) No 1169/2011” at the end insert “, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council11”,
(d)
(d) after the definition of “Regulation (EU) No 1169/2011” omit “and”,
(e)
(e) in the definition of “Regulation (EC) No. 2160/2003” at the end insert “, as last amended by Council Regulation (EU) No 517/201312”, and
(f)
(f) after the definition of “Regulation (EC) No. 2160/2003” insert—
““the Scottish welfare regulations” means the Welfare of Farmed Animals (Scotland) Regulations 201013, and
“third country” means any country or territory other than—
(i) the United Kingdom,
(ii) the Bailiwick of Guernsey,
(iii) the Bailiwick of Jersey, and
(iv) the Isle of Man.”.
(3) In regulation 4 (compliance with EU provisions on eggs for hatching and chicks), in the heading omit “EU”.
(4) In regulation 5(1) (registration of establishments) for “agency” substitute “authority”.
(5) In regulation 7 (compliance with EU provisions on eggs in shell for consumption), in the heading omit “EU”.
(6) In regulation 11(3) (derogation relating to free-range eggs)—
(a)
(a) for “Article 4(1) of Council Directive 1999/74/EC(provisions applicable to alternative systems)” substitute “schedule 3 of the Scottish welfare regulations”, and
(b)
(b) for sub-paragraphs (a) to (e) substitute—
“(a)
“(a) the second and third conditions of paragraph 17(d),
(b)
(b) paragraph 17(e),
(c)
(c) paragraph 18,
(d)
(d) paragraph 19(a)(i), and
(e)
(e) paragraph 19(b)(i).”.
(7) In regulation 12(3) (derogation relating to barn eggs)—
(a)
(a) for “Article 4(1) of Council Directive 1999/74/EC” substitute “schedule 3 of the Scottish welfare regulations”, and
(b)
(b) for sub-paragraphs (a) to (e) substitute—
“(a)
“(a) the second and third conditions of paragraph 17(d),
(b)
(b) paragraph 17(e),
(c)
(c) paragraph 18,
(d)
(d) paragraph 19(a)(i), and
(e)
(e) paragraph 19(b)(i).”.
(8) In regulation 12A (compliance with EU provisions), in the heading omit “EU”.
(9) In schedule 1 (community provisions relating to eggs for hatching and chicks contravention of which is an offence)—
(a)
(a) in the schedule heading for “COMMUNITY” substitute “RETAINED EU”,
(b)
(b) in Part 1 (provisions of the single CMO regulation or Council Regulation 2013), in the Table, in the first row (Article 74 of the Council Regulation 2013), in column 1 for “Article 74 of the Council Regulation 2013” substitute “Article 116 of the Single CMO Regulation”, and
(c)
(c) in Part 2 (provisions of Commission Regulation (EC) No. 617/2008), in the Table, omit the sixth row (Article 3(7)).
(10) In schedule 2 (community provisions relating to eggs in shell for consumption contravention of which is an offence)—
(a)
(a) in the schedule heading for “COMMUNITY” substitute “RETAINED EU”,
(b)
(b) in Part 1 (provisions of Council Regulation 2013), in the Table—
(i) in the ninth row (Articles 75(2) and (3) of Council Regulation 2013), in column 3 for “EU legislation” substitute “retained EU law”, and
(ii) in the tenth row (Articles 75(2) and (3) of Council Regulation 2013), in column 3 for “EU legislation” substitute “retained EU law”,
(c)
(c) in Part 2 (provisions of Commission Regulation (EC) No. 589/2008), in the Table—
(i) in the second row (Article 2(2)), omit the text in column 2,
(ii) omit the eighteenth, nineteenth and twentieth rows (relating to Article 8),
(iii) in the twenty-first row (Article 9(1)), for the text in column 2 substitute “regulation 4 of the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 200314”,
(iv) in the twenty-fourth row (Article 12(2), first and second sub paragraphs), in column 2—
(aa) omit “and Part A of Annex I,”, and
(bb) for the words “Article 2 of Council Regulation (EEC) No. 2092/91” to “foodstuffs” substitute “Article 23 of Council Regulation (EC) No 834/2007on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/9115”,
(v) in the twenty-sixth row...
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