
2019 No. 289
Exiting The European Union
Agriculture
Horticulture
Plant Health
Seeds
The Seed, Propagating Material and Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019
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
Citation, commencement and extent
1 

(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
The Marketing of Vegetable Plant Material Regulations 1995
2 
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
The Marketing of Vegetable Plant Material Regulations 1995
3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Marketing of Fruit Plant and Propagating Material (Scotland) Regulations 2017
4 
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
The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) Regulations 2019
5 
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.
The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019
6 
Regulation 7(4) (the Rural Development (Scotland) Regulations 2015) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) Regulations 2019  is revoked.
The Marketing of Horticultural Produce and Bananas (EU Exit) (Scotland) (Amendment) Regulations 2019
7 
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.
The Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019
8 
Regulation 6 (revocation) of the Seed and Propagating Material (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019  is revoked.
The Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019
9 
Part 4 (revocation) of the Common Agricultural Policy (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019  is revoked.
MAIRI GOUGEON

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh
