The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018

These Regulations may be cited as the Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 and come into force on 28 February 2019.

These Regulations extend to Scotland only.

The Flood Risk Management (Scotland) Act 2009^f1 is amended as follows.

In section 23(2) (flood risk maps)—

In paragraph 4 of schedule 1 (matters to be included in flood risk management plans)^f5—

Part I of the schedule (register) of the Water Environment (Register of Protected Areas) (Scotland) Regulations 2004^f1 is amended as follows.

In paragraph 2^f2—

In paragraph 3—

The Trade Effluent (Asbestos) (Scotland) Regulations 1993^f1 are amended as follows.

In regulation 1(2) (citation, commencement, extent and interpretation)—

In regulation 2(1) (discharges of asbestos effluent to public sewers), for “every local authority” substitute “Scottish Water”.

In regulation 3 (discharges of asbestos effluent to public sewers)—

In regulation 4 (information required in connection with implementation of Council Directive 87/217/EEC), for “every local authority” substitute “Scottish Water”.

In regulation 5 (enforcement of duties imposed on local authorities)—

The Urban Waste Water Treatment (Scotland) Regulations 1994^f1 are amended as follows.

In regulation 2(1) (interpretation)—

In regulation 4 (duty to provide and maintain collecting systems and treatment plants), in both places it occurs, for “every local authority” substitute “Scottish Water”.

In regulation 6 (discharges of treated urban waste water), in both places it occurs, for “a local authority” substitute “Scottish Water”.

In regulation 7 (discharges of industrial waste water to collecting systems or treatment plants)—

In regulation 13(1) (information required in connection with implementation of the Directive)^f2, for “every local authority” substitute “Scottish Water”.

In regulation 14 (enforcement of duties imposed on local authorities)—

In schedule 1, in Part I (criteria for identification of sensitive areas), in sub-paragraph (b), for the words from “the concentration” to “Member States” substitute “50 mg/l of nitrates in 95% of the samples”.

The Controlled Waste Regulations 1992^f1 are amended as follows.

In regulation 7 (waste not to be treated as industrial or commercial waste)^f2—

The Special Waste Regulations 1996^f1 are amended as follows.

In regulation 1(4) (interpretation)^f2—

For regulation 6(2)(c) (consignment notes: cases in which pre-notification is not required) substitute—

“(c)

in the case mentioned in paragraph (1)(c), the removal is for the purposes of an operation that falls within either entry D15 in the table in Part II of schedule 4, or entry R13 in the table in Part III of schedule 4 and the consignee either—

(i)

is the holder of a waste management licence which authorises the relevant operation, or

(ii)

carries on any activity to which section 33(1)(a) and (b) of the 1990 Act does not apply by virtue of regulation 16 or 17 of the 2011 regulations.”.

In regulation 13(4) (consignment notes: importers and exporters), for the words “Council Regulation (EEC)” to the end substitute “Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste^f5, as last amended by Commission Regulation 2015/2002^f6, apply.”.

In regulation 15 (registers)—

In regulation 19A (mutual recognition of consignment notes)^f8, for the words “form set out in the Annex” to “European Community” substitute “notification document for transboundary movements/shipments of waste set out in Annex 1A, and the movement document for transboundary movements/shipments of waste set out in Annex 1B, to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste, as last amended by Commission Regulation 2015/2002”.

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (Scotland) Regulations 2000^f1 are amended as follows.

In regulation 2(1) (interpretation)^f2—

The National Waste Management Plan for Scotland Regulations 2007^f1 are amended as follows.

In regulation 2 (interpretation), in the definition of “the Packaging Waste Directive” at the end insert “, as last amended by Directive (EU) 2015/720 of the European Parliament and of the Council^f2,”.

In regulation 2A(a) (interpretation: the Waste Directive)^f3, for the words “as last amended” to the end substitute “as last amended by Council Regulation (EU) 2017/997, and”.

The Waste Batteries (Scotland) Regulations 2009^f1 are amended as follows.

In regulation 2 (interpretation)^f2—

in paragraph (2), for “Council Directive 77/93/EEC” substitute “Council Directive 2000/29/EC^f2”, and

after paragraph (4) insert—

“(5)

In this regulation, “Council Directive 2000/29/EC” means Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, as last amended by Commission Implementing Directive (EU) 2017/1920^f3.”.

The Marketing of Horticultural Produce (Scotland) Regulations 2009^f1 are amended as follows.

In regulation 2(1) (interpretation)^f2, 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^f3, as amended from time to time,”.

In regulation 10(3) (authorised officer: powers to control the movement of horticultural produce)^f4, for “operator” substitute “person on whom the notice is served”.

The Seed Potatoes (Scotland) Regulations 2015^f1 are amended as follows.

In regulation 2(1) (interpretation), in the definition of “Commission Decision 2004/842/EC”, at the end insert “, as last amended by Commission Implementing Decision (EU) 2016/320^f2”.

In paragraph 2 of schedule 2 (certification and grading: source material requirements, other requirements and tolerances), in Table I (pre-basic seed potatoes), in column 4 of the entry relating to Union Grade PB, for paragraph (c) substitute—

“(c)

Potato Virus Y, Potato Virus A and Potato Leafroll Virus – nil,”.

The Diseases of Poultry (Scotland) Order 2003^f1 is amended as follows.

In article 3(1) (interpretation)—

In article 6(3) (veterinary inquiry as to the existence of a designated disease), for “Annex III of Council Directive 92/40/EEC” substitute “Article 50 of Council Directive 2005/94/EC”.

In schedule 1 (premises where a designated disease is suspected or confirmed)—

The Avian Influenza (Preventive Measures in Zoos) (Scotland) Regulations 2005^f1 are amended as follows.

In regulation 2 (interpretation), for the definition of “the Commission Decision”, substitute—

• ““the Commission Decision” means “Commission Decision 2007/598/EC concerning measures to prevent the spread of highly pathogenic avian influenza to other captive birds kept in zoos and approved bodies, institutes or centres in Member States^f2,”.

Omit regulation 4(6) (risk assessment and imposition of restrictions).

The Foot-and-Mouth Disease (Scotland) Order 2006^f1 is amended as follows.

In article 2(1) (interpretation)^f2, in the definition of “Regulation (EU) No 142/2011”, omit “as last amended by Commission Regulation (EU) No 717/2013; and references to that Regulation of 2011 are references to that Regulation”.

In article 43(1)(b)(ii) (further provision relating to certain premises), for “regulation 9 of the Animal and Animal Products (Import and Export) (Scotland) Regulations 2000” substitute “paragraph 4 of Part 1 of schedule 2 of the Trade in Animals and Related Products (Scotland) Regulations 2012^f3”.

In paragraph 4(a) of schedule 1 (cleansing and disinfection of premises), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008”.

In schedule 4 (measures applicable in protection zones and surveillance zones)—

In paragraph 2 (hides and skins) of schedule 5 (treatment of products to ensure the destruction of disease virus)^f5, after “point 28(c) and (d)” insert “of Annex I”.

In paragraph 1 of schedule 8 (movement of horses), from “Annex C” to the end substitute—

“Annex III of Council Directive 2009/156/EC on animal health conditions governing the movement and importation from third countries of equidae^f6 and an identification document as provided for in Commission Implementing Regulation (EU) 2015/262 laying down rules pursuant to Council Directives 90/427/EEC and 2009/156/EC as regards the methods for the identification of equidae (Equine Passport Regulation)^f7.”.

The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006^f1 are amended as follows.

In regulation 2(1) (interpretation)^f2—

In regulation 7 (disinfection)—

In regulation 10(1)(b)(ii) (exemption from slaughter for certain susceptible animals), at the end insert “, as last amended by Commission Implementing Decision (EU) 2017/2174^f4”.

In regulation 11(2) (prohibition on vaccination except under licence)—

In regulation 12(1)(b)(ii)(bb) (factors informing a decision to permit suppressive vaccination or protective vaccination), for “regulation 9 of the Animal and Animal Products (Import and Export) (Scotland) Regulations 2000” substitute “paragraph 4 of Part 1 of schedule 2 to the Trade in Animals and Related Products (Scotland) Regulations 2012”.

In regulation 23(1) (marking of cattle passports)—

In paragraph 13(2)(a)(i) (collection, transport and processing of milk produced in a vaccination zone) of the schedule (measures applicable in respect of a vaccination zone), for “the Specified Animal Pathogens Order 1998” substitute “the Specified Animal Pathogens (Scotland) Order 2009”.

The Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006^f1 is amended as follows.

In article 2 (interpretation)—

In article 3(5) (scope of the Act and of the Order), for “the Specified Animal Pathogens Order 1998” substitute “the Specified Animal Pathogens (Scotland) Order 2009”.

In article 65(4)(a) (cleansing, disinfection and treatment), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008”.

In article 70(3) (designation of premises to which things may be moved)^f3—

The Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006^f1 are amended as follows.

In regulation 2(1) (interpretation)—

In regulation 11(2) (prohibition on vaccination)—

The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007^f1 is amended as follows.

In article 2 (interpretation)^f2—

In article 18(1)(a) (cleansing and disinfection), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008”.

In paragraph 9(2)(a) (restriction on the movement of controlled meat out of a wild bird control area) of schedule 1 (measures applicable in respect of a wild bird control), at the end insert “, as last amended by Commission Implementing Regulation (EU) 2018/981^f3”.

The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007^f1 is amended as follows.

In article 2 (interpretation)^f2—

In article 11(2)(b) (restrictions on the movement of wild game bird products)—

In article 12 (requirements for the marking of wild game bird meat and meat products)—

In article 17(1)(a) (cleansing and disinfection), for “the Diseases of Animals (Approved Disinfectants) Order 1978” substitute “the Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008”.

The Zoonoses (Monitoring) (Scotland) Regulations 2007^f1 are amended as follows.

In regulation 2(1) (interpretation), in the definition of “the Directive”, at the end insert “, as last amended by Council Directive 2013/20/EU^f2”.

In regulation 6(2) (examination of isolates), for “the Poultry Breeding Flocks and Hatcheries (Scotland) Order 2007” substitute “the Control of Salmonella in Poultry (Breeding, Laying and Broiler Flocks) (Scotland) Order 2009^f3”.

The Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009^f1 is amended as follows.

In article 2(1) (interpretation), in the definition of “the Council Regulation”, at the end insert “, as last relevantly amended by Council Regulation (EU) No 517/2013^f2”.

In article 9(4) (animals sent for export), at the end insert “, as last relevantly amended by Commission Implementing Decision (EU) 2016/2002^f3”.

The Control of Salmonella in Turkey Flocks (Scotland) Order 2009^f1 is amended as follows.

In article 2 (interpretation), for the definition of “Regulation 584/2008” substitute—

• ““Regulation (EU) No 1190/2012” means Commission Regulation (EU) No 1190/2012 concerning a Union target for the reduction of Salmonella Enteritidis and Salmonella Typhimurium in flocks of turkeys, as provided for in Regulation (EC) No 2160/2003 of the European Parliament and of the Council^f2,”.

In article 3(a) (competent authority), for “Regulation 584/2008” substitute “Regulation (EU) No 1190/2012”.

In article 5(a) (sampling), for “Regulation 584/2008” substitute “Regulation (EU) No 1190/2012”.

In article 7(1) (submission of samples to an approved laboratory), for “Regulation 584/2008” substitute “Regulation (EU) No 1190/2012”.

In article 9 (duties of the person in charge of a laboratory), for “Regulation 584/2008” substitute “Regulation (EU) No 1190/2012”.

The Trade in Animals and Related Products (Scotland) Regulations 2012^f1 is amended as follows.

In regulation 2(1) (interpretation)—

In regulation 5(4) (movement of animals and genetic material between member states), from “Council Directive” to the end substitute—

“Commission Delegated Regulation (EU) 2017/1940 supplementing Regulation (EU) 2016/1012 of the European Parliament and of the Council as regards the content and format of zootechnical certificates issued for purebred breeding animals of the equine species contained in a single lifetime identification document for equidae^f6.”.

In regulation 21(5) (action following non-compliance – animals), for “Commission Decision 92/260/EEC” substitute “Commission Implementing Regulation (EU) 2018/659”.

For regulation 24 (admission of products into warehouses) substitute—

“Admission of products into warehouses

24.

No person may bring a consignment of products that does not comply with the import requirements of these Regulations into a warehouse in a free zone or a customs warehouse (which have the same meaning as in Title VII, Chapter 3, Section 2 of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code^f7).”.

In regulation 27(3) (enforcement), from “Articles” to the end substitute—

“Articles 134 and 135 of Regulation (EU) 952/2013 of the European Parliament and of the Council laying down the Union Customs Code.”.

In regulation 30(2)(a) (consignments from another member state constituting a risk to health), for “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997” substitute “the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (England and Scotland) Regulations 2015^f8”.

In schedule 2 (additional requirements in specific cases)—

In schedule 3 (cases to which Part 3 does not apply), in paragraph 1 (case 1: personal imports and small consignments), at the end insert “, as last amended by Commission Regulation (EU) No 519/2013^f11”.

“Regulation 853/2004”, and

“Regulation 854/2004”,

The Preserved Sardines (Marketing Standards) (Scotland) Regulations 1990^f1 are amended as follows.

In regulation 2(1) (interpretation)—

In the schedule (specified community provisions), insert the following entry at the appropriate place in the first and second column—

“

8. Article 7a

Requirements relating to the marketing of preserved sardine-type products.

”.

The Common Agricultural Policy Non-IACS Support Schemes (Appeals) (Scotland) Regulations 2004^f1 are amended as follows.

In the schedule, after the entry for “Commission Implementing Regulation (EU) No 1033/2014” insert the following entry—

“Commission Delegated Regulation (EU) 2016/1238 supplementing Regulation (EU) 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage^f2, as last amended by Commission Delegated Regulation (EU) 2018/149^f3,”.

The Beef and Veal Labelling (Scotland) Regulations 2010^f1 are amended as follows.

In regulation 2 (interpretation)^f2—

In regulation 4(1)(a) (offences under European legislation)—

The Drinking Milk (Scotland) Regulations 2011^f1 are amended as follows.

In regulation 2 (interpretation)^f2—

In regulation 3 (sale or delivery of milk and use of sales description), for “Article 114(2)” substitute “Article 78(2)”.

In regulation 5(3) (enforcement), for “Article 114(2)” substitute “Article 78(2)”.

Regulation 9 (amendments) is revoked.

The Poultrymeat (Scotland) Regulations 2011^f1 are amended as follows.

In regulation 1(4) (citation, commencement, extent and application), omit the words from “, excluding poultrymeat” to the end.

In regulation 2(1) (interpretation)^f2, 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,”.

In schedule 1 (European poultrymeat provisions contravention of which is an offence)—