The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

JurisdictionScotland
CitationSSI 2019/347
Year2019
(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) .4(2) (b) to (e) ,4(9) (b) ,4(10) (c) (iv) (bb) and (vi) ,5(2) ,5(9) (b) , and5(9) (c) (i) and (iv) ,exit day, or9 December 2019.(1) The Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003 (2) In regulation 2(1) (interpretation) , omit the definition of “the Directive”.in paragraph (2) , for “paragraph 2 of the Annex to the Directive” substitute “ paragraph (4) ”,in paragraph (3) , for “in accordance with paragraph 2 of the Annex to the Directive” substitute “ which meets the requirements of paragraph (4) ”, andafter 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 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91, 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 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs .
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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.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.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
Where the farming method used in the establishment produces eggs under the conditions set out in Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91, the appropriate farming method code is “0”.For the purposes of paragraph (6) , the farming method used in an establishment is to be determined in accordance with Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs .(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.(1) The Reporting of Prices of Milk Products (Scotland) Regulations 2005 omit the definition of “Commission Regulation”, andfor 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.
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in paragraph (1) omit the words “for” to the end, andin paragraph (2) for “at a frequency determined by the Commission Regulation” substitute “ on a regular basis ”.(1) The Eggs and Chicks (Scotland) (No. 2) Regulations 2008 omit the definition of “Council Directive 1999/74/EC”,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 1037/2001 and (EC) No 1234/2007, as amended from time to time,
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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 Council ”,after the definition of “Regulation (EU) No 1169/2011” omit “and”,in the definition of “Regulation (EC) No. 2160/2003” at the end insert “ , as last amended by Council Regulation (EU) No 517/2013, andafter the definition of “Regulation (EC) No. 2160/2003” insert—
    the Scottish welfare regulations” means the Welfare of Farmed Animals (Scotland) Regulations 2010 , 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.
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(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”.for “Article 4(1) of Council Directive 1999/74/EC (provisions applicable to alternative systems) ” substitute “ schedule 3 of the Scottish welfare regulations ”, andfor sub-paragraphs (a) to (e) substitute—
  • (a) the second and third conditions of paragraph 17(d) ,
  • (b) paragraph 17(e) ,
  • (c) paragraph 18,
  • (d) paragraph 19(a) (i) , and
  • (e) paragraph 19(b) (i) .
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the second and third conditions of paragraph 17(d) ,paragraph 17(e) ,paragraph 18,paragraph 19(a) (i) , andparagraph 19(b) (i) .for “Article 4(1) of Council Directive 1999/74/EC” substitute “ schedule 3 of the Scottish welfare regulations ”, andfor sub-paragraphs (a) to (e) substitute—
  • (a) the second and third conditions of paragraph 17(d) ,
  • (b) paragraph 17(e) ,
  • (c) paragraph 18,
  • (d) paragraph 19(a) (i) , and
  • (e) paragraph 19(b) (i) .
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the second and third conditions of paragraph 17(d) ,paragraph 17(e) ,paragraph 18,paragraph 19(a) (i) , andparagraph 19(b) (i) .(8) In regulation 12A (compliance with EU provisions) , in the heading omit “EU”.in the schedule heading for “COMMUNITY” substitute “ RETAINED EU ”,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 ”, andin Part 2 (provisions of Commission Regulation (EC) No. 617/2008) , in the Table, omit the sixth row (Article 3(7) ) .in the schedule heading for “COMMUNITY” substitute “ RETAINED EU ”,in the ninth row (Articles 75(2) and (3) of Council Regulation 2013) , in column 3 for “EU legislation” substitute “ retained EU law ”, andin the tenth row (Articles 75(2) and (3) of Council Regulation 2013) , in column 3 for “EU legislation” substitute

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