PART 1INTRODUCTION

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)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.

PART 2AMENDMENTS 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 2017(3) are amended as follows.

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

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

The Vegetable Seeds Regulations 1993

3.-(1) The Vegetable Seeds Regulations 1993(4) are 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 298/2008 of the European Parliament and of the Council(6)".

The Cereal Seed (Scotland) Regulations 2005

4.-(1) The Cereal Seed (Scotland) Regulations 2005(7) are 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 2015(8) 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".

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 2019(9) are revoked.

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.