# The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 S.S.I. 2019/289 · made 10 September 2019 · revised to 31 December 2020 These Regulations are principally made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) in order to address deficiencies in EU-derived domestic legislation in Scotland arising from the withdrawal of the UK from the European Union. PDFs: Printed copy https://openlegislation.uk/seed-propagating-material-and-common-agricultural-policy-eu-exit-scotland-amendment-regulations-2019/pdf/ssi_20190289_en.pdf; Policy Note https://openlegislation.uk/seed-propagating-material-and-common-agricultural-policy-eu-exit-scotland-amendment-regulations-2019/pdf/ssipn_20190289_en.pdf ## Introductory text Exiting The European Union Agriculture Horticulture Plant Health Seeds Made 10th September 2019 Laid before the Scottish Parliament 12th September 2019 Coming into force in accordance with regulation 1 The Scottish Ministers make these Regulations in the exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , paragraph 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so. In accordance with paragraph 4 of schedule 2 of the European Union (Withdrawal) Act 2018, they have consulted with the Secretary of State. ## Part 1: INTRODUCTION ## 1 Citation, commencement and extent (1) These Regulations may be cited as the Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force as follows— (a) as regards this Part and Part 2, on 31 October 2019, (b) as regards Part 4, immediately before exit day, (c) as regards 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 ## 2 The Marketing of Vegetable Plant Material Regulations 1995 In the Marketing of Vegetable Plant Material Regulations 1995 , after regulation 4 (small producers) insert— “Plant Material from outside the European Union: authorisation 4A (1) The Scottish Ministers may, until 31 December 2022, authorise the marketing of plant material from any country outside the European Union if satisfied that the plant material has been produced under conditions equivalent to the requirements in these Regulations from plant material. (2) An authorisation given under this regulation— (a) must be in writing, (b) may be subject to conditions, and (c) may be amended, suspended or revoked by notice.”. ## Part 3: AMENDMENTS OF SECONDARY LEGISLATION RELATING TO WITHDRAWAL FROM THE EUROPEAN UNION ## 3 The Marketing of Vegetable Plant Material Regulations 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 In the Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017 , in regulation 5(2) (general requirements for marketing of plant material), for “European Union” substitute “ United Kingdom ”. ## Part 4: REVOCATIONS ## 5 The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 Regulations ... 13(5)(c) ... (the Cereal Seed (Scotland) Regulations 2005) and 16(7)(a) (the Seed Potatoes (Scotland) Regulations 2015) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019 are revoked. ## 6 The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 Regulation 7(4) (the Rural Development (Scotland) Regulations 2015) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 is revoked. ## 7 The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 Regulation 3(13) (amendment of the Marketing of Horticultural Produce (Scotland) Regulations 2009) of the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 is revoked. ## 8 The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 Regulation 6 (revocation) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 is revoked. ## 9 The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 Part 4 (revocation) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 is revoked. ## Signature MAIRI GOUGEON Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh ## 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 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16) in order to address deficiencies in EU-derived domestic legislation in Scotland arising from the withdrawal of the UK 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 Vegetable Plant Material Regulations 1995 to implement a derogation available to Members States in Article 16 of Council Directive 2008/72/EC (OJ L 205, 1.8.2008, p.28-39) on the marketing of vegetable propagating and planting material, other than seed. Part 3 (regulations 3 and 4) makes amendments to fix deficiencies in secondary legislation concerning the marketing of vegetable plant material and fruit plant and propagating material consequential on the United Kingdom's withdrawal from the European Union. Part 4 (regulations 5 to 9) makes revocations. Regulation 5 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 in consequence of regulations 3 to 5 of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 which correct drafting errors identified in amendments made by the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019, in fulfilment of a commitment to the Scottish Parliament to do so. Regulation 6 revokes regulation 7(4) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019 in consequence of the amendment to regulation 16(1)(d) of the Rural Development (Scotland) Regulations 2015 made by regulation 4 of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019. Regulation 7 revokes regulation 3(13) of the Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019 in consequence of the amendment to the Marketing of Horticultural Produce (Scotland) Regulations 2009 made by regulation 3 of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019. Regulations 8 and 9 revoke respectively regulation 6 of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and Part 4 (regulations 5 and 6) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and are made in consequence of regulations 5, 6 and 7 of this instrument which make provision in place of those regulations. No Business and Regulatory Impact Assessment has been produced for this instrument as no, or no significant impact upon business, charities or voluntary bodies is foreseen. --- Source: https://www.legislation.gov.uk/ssi/2019/289 (the official version) Page: https://openlegislation.uk/seed-propagating-material-and-common-agricultural-policy-eu-exit-scotland-amendment-regulations-2019 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.