Citation and commencement

1.-(1) These Regulations may be cited as the Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019.

(2) Subject to paragraph (3), these Regulations come into force on exit day.

(3) Regulations 2 and 5(3)(a) and (b) come into force on 28 March 2019.

Amendment of the Reporting of Prices of Milk Products (Scotland) Regulations 2005

2.-(1) The Reporting of Prices of Milk Products (Scotland) Regulations 2005(4) are amended as follows.

(2) In regulation 2 (interpretation)-

(a)for the definition of "Commission Regulation" substitute-

""Commission Regulation" means Commission Implementing Regulation (EU) 2017/1185 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations(5), and any reference to Annex I, Annex II or Annex III to the Commission Regulation means a reference to the Annex as amended from time to time;";

(b)for the definition of "milk products" substitute-

""milk products" means the milk and milk products to which Point 7 of Annex I, Point 4 of Annex II and Point 9 of Annex III to the Commission Regulation apply.".

(3) In regulation 3(1) (provision of information on prices) for "Articles 2 and 3" substitute "Articles 7, 11 and 12".

Amendment of the Quality Meat Scotland Order 2008

3.-(1) The Quality Meat Scotland Order 2008(6) is amended as follows.

(2) In paragraph 9(1) of schedule 3 (levies) for "from another member State" substitute "into the United Kingdom".

Amendment of the Beef and Pig Carcase Classification (Scotland) Regulations 2010

4.-(1) The Beef and Pig Carcase Classification (Scotland) Regulations 2010(7) are amended as follows.

(2) In paragraph (1) of regulation 2 (interpretation)-

(a)for "European beef", in each place it occurs, substitute "retained EU beef";

(b)for "European pig", in each place it occurs, substitute "retained EU pig";

(c)move the definitions of "retained EU beef provision" and "retained EU pig provision" (as so amended) to the end of that paragraph.

(3) In regulation 5(3) (small-scale bovine operators), for "European" substitute "retained EU".

(4) In regulation 6(1)(c) (competent authority etc.: bovine carcases), for "Articles 13 and" substitute "Article".

(5) In regulation 17(2) (powers of entry), omit ", including any representative of the European Commission".

(6) In regulation 19 (offences: European beef provisions), for "European" in each place it occurs including the heading substitute "retained EU".

(7) In regulation 20 (offences: European pig provisions), for "European" in each place it occurs including the heading substitute "retained EU".

(8) In regulation 28 (offences: punishment), for "European" in each place it occurs substitute "retained EU".

(9) In schedule 1 (European beef provisions: bovine carcases)-

(a)in the heading, for "European" substitute "Retained EU";

(b)in the heading of column 1 of the table, for "European" substitute "retained EU";

(c)in the fourth row of the table, for "Union" substitute "United Kingdom".

(10) In schedule 2 (European provisions: pig carcases)-

(a)in the heading, for "European" substitute "Retained EU";

(b)in the heading of column 1 of the table, for "European" substitute "retained EU";

(c)in the third row of the table, for "methods authorised by the Commission" substitute "authorised methods".

Amendment of the Beef and Veal Labelling (Scotland) Regulations 2010

5.-(1) The Beef and Veal Labelling (Scotland) Regulations 2010(8) are amended as follows.

(2) In regulation 3 (enforcement authorities), omit paragraph (1)(d).

(3) In regulation 4 (offences under European legislation), in paragraph (1) omit-

(a)sub-paragraph (a)(vii);

(b)sub-paragraph (a)(viii);

(c)sub-paragraph (b)(viii).

(4) In regulation 7(2) (powers of entry), omit ", including any representative of the European Commission".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are in general made by the Scottish Ministers in exercise of the powers conferred by paragraphs 1(1) and (3) of Schedule 2 of the European Union (Withdrawal) Act 2018 (c.16), in order to address failures of EU derived domestic law to operate effectively and other deficiencies as regards Scotland that would otherwise arise as a result of the withdrawal of the UK from the European Union.

Regulations 2 and 5(3)(a) and (b) are made in exercise of the powers conferred by section 2(2) and paragraph 1A of Schedule 2 of the European Communities Act 1972, in order to correct before the date of withdrawal cross-references to European Union instruments in Scottish legislation.

These Regulations make amendments in the field of common market organisations for certain agricultural products.

Regulation 2 updates cross-references to EU instruments in the Reporting of Prices of Milk Products (Scotland) Regulations 2005.

Regulations 3 to 5 both update cross-references and fix deficiencies in the Scottish statutory instruments that implement or relate to EU measures providing for marketing standards and related measures as regards Quality Meat Scotland, beef and pig carcasses, and beef and veal labelling.