The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019
| Year | 2019 |
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 19721, paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 20182, and all other powers enabling them to do so.
PART 1
INTRODUCTION
Citation, commencement and extent
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)
(a) as regards this Part, Part 2 and regulation 6, on 29 June 2019,
(b)
(b) as regards the remainder of Part 3, on exit day.
(2) These Regulations extend to Scotland only.
PART 2
AMENDMENTS MADE UNDER SECTION 2(2) OF THE EUROPEAN COMMUNITIES ACT 1972
The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017
2.—(1) The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 20173are amended as follows.
(2) In regulation 5(2) (general requirements for marketing of plant material), for “31st December 2018” substitute “31 December 2022”.
PART 3
AMENDMENT OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION
The Vegetable Seeds Regulations 1993
3.—(1) The Vegetable Seeds Regulations 19934are amended as follows.
(2) In regulation 3(1) (interpretation), at the end of the definition of “the Food and Feed Regulation”5, insert “, as last amended by Regulation (EC) No 298/2008of the European Parliament and of the Council6”.
The Cereal Seed (Scotland) Regulations 2005
4.—(1) The Cereal Seed (Scotland) Regulations 20057are amended as follows.
(2) For regulation 6(6) (marketing of seed), substitute—
“6 Paragraph (5) does not apply to seed imported into Scotland from a European Single Market State before the end of the period of two years beginning with the day after the day on which exit day falls.”.
The Seed Potatoes (Scotland) Regulations 2015
5.—(1) The Seed Potatoes (Scotland) Regulations 20158are 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/ECwould otherwise be likely to be exceeded”.
Revocation
6. 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 20199are revoked.
MAIRI GOUGEON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
28th May 2019
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...
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