Rec/S5/19/32/A Rural Economy and Connectivity Committee

REC/S5/19/32/A

RURAL ECONOMY AND CONNECTIVITY COMMITTEE

AGENDA

32nd Meeting, 2019 (Session 5)

Wednesday 20 November 2019

The Committee will meet at 10.00 am in the Mary Fairfax Somerville Room (CR2).

1. Decision on taking business in private: The Committee will decide whether to take item 6 in private.

2. Agriculture (Retained EU Law and Data) (Scotland) Bill: The Committee will take evidence on the Bill at Stage 1 from—

Dr John Kerr, Head of Agriculture Policy Division, Dr George Burgess, Deputy Director of Food and Drink, Ally McAlpine, Senior Statistician, Rural and Environment Science and Analytical Services (RESAS), Vicky Dunlop, Branch Head/Team Leader, Agriculture (Retained EU Law and Data) (Scotland) Bill, and Andy Crawley, Lawyer, Scottish Government Legal Directorate (SGLD), Scottish Government.

3. European Union (Withdrawal) Act 2018: The Committee will consider whether the following instruments have been laid under the appropriate procedure—

Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019.

4. Subordinate legislation: The Committee will consider the following negative instruments—

Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019;

The Fishing Boats Designation (EU Exit) (Scotland) Order 2019.

5. Agriculture (Retained EU Law and Data) (Scotland) Bill (in private): The Committee will review the evidence heard at today's meeting.

REC/S5/19/32/A

6. Proposed National Islands Plan: The Committee will consider a draft letter to the Scottish Government.

7. Pre-Budget/Financial scrutiny on roads maintenance in Scotland (in private): The Committee will consider a draft letter on its pre-budget/financial scrutiny on roads maintenance in Scotland.

Steve Farrell Clerk to the Rural Economy and Connectivity Committee Room T3.60 The Scottish Parliament Edinburgh Tel: 0131 348 5211 Email: [email protected] REC/S5/19/32/A

The papers for this meeting are as follows—

Agenda Item 2

Cover note REC/S5/19/32/1

PRIVATE PAPER REC/S5/19/32/2 (P) Agenda Item 3

Note by the Clerk REC/S5/19/32/3

PRIVATE PAPER REC/S5/19/32/4 (P) Agenda Item 4

Note by the Clerk REC/S5/19/32/5

Agenda Item 6

PRIVATE PAPER REC/S5/19/32/6 (P) Agenda Item 7

PRIVATE PAPER REC/S5/19/32/7 (P)

REC/S5/19/32/1

Rural Economy and Connectivity Committee 32nd Meeting, 2019 (Session 5), Wednesday, 20 November 2019 Agriculture (Retained EU Law and Data) (Scotland Bill)

Background 1. The Bill was introduced to the Parliament by Fergus Ewing, Cabinet Secretary for the Rural Economy on 6 November 2019. The Bill has been referred to the Rural Economy and Connectivity Committee as lead committee at Stage 1. Purpose of the Bill 2. The Bill is intended to provide the Scottish Ministers with regulation-making powers to amend or replace the European Union (EU) Common Agricultural Policy (CAP) elements of retained EU law in Scotland, and to provide new powers for the collection of agricultural data.

3. Further information on the Bill can be found on the Parliament’s website. Committee scrutiny 4. The Committee will take evidence from the Scottish Government Bill team at this meeting.

5. The Committee also plans to take evidence from the responsible Scottish Government Minister as well as representatives of the agriculture industry and wider agricultural sector interests and organisations representing non- industry, research and data interests.

6. The Committee has issued a call for evidence on 15 November 2019 on the Bill, which will run until 3 January 2020.

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Rural Economy and Connectivity Committee

32nd Meeting, 2019 (Session 5), Wednesday 20 November 2019

Subordinate legislation - EU exit

Introduction

1. This paper provides background information on the following EU exit- related Scottish statutory instrument:

• Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019.

2. The Committee is invited to—

• consider whether it is content that the parliamentary procedure given to the instrument by the Scottish Government is appropriate; and, if so,

• to agree to consider the instrument in the next agenda item in the usual way.

Background

3. In anticipation of the UK leaving the EU, changes are required to devolved legislation by way of statutory instruments. Under the European Union (Withdrawal) Act 2018, and where the Scottish Government considered a UK- wide approach to the legislative changes would be appropriate, these have been made by UK statutory instruments (SIs) laid by the UK Government with Scottish Ministers’ consent. The Scottish Parliament has considered these legislative changes – notified to them by the Scottish Government – in advance of the Scottish Government giving consent.

4. Other legislative changes are being made through Scottish statutory instruments (SSIs).

5. SSIs related to EU exit will be considered in the same way that ‘domestic’ SSIs are considered except that the lead committee has the opportunity, in advance of its policy consideration, to recommend to the Scottish Government that the parliamentary procedure allocated to the instrument should be changed. This process is known as the sift.

6. A protocol has been agreed between the Scottish Government and Scottish Parliament on the process for considering SSIs laid under the 2018 Act. The protocol sets out further information about the sifting process.

7. This paper supports the Committee’s consideration of the sift.

8. The protocol also sets out an approach which categorises SSIs – high, medium or low – to assist committees’ prioritisation in terms of scrutiny and gives the Delegated Powers and Law Reform Committee (DPLRC) a role in

REC/S5/19/32/3 highlighting to a lead committee those SSIs where it disagrees with the Scottish Government about the categorisation.

Consideration of the parliamentary procedure – the sift

9. Scottish Ministers have discretion about whether instruments made under Schedule 2 of the 2018 Act should be subject to the affirmative or negative procedure, unless the instrument makes provision falling within one of the categories which requires the mandatory affirmative procedure to be used.

10. As set out above, the lead committee has the opportunity, in advance of its consideration, to recommend to the Scottish Government that the parliamentary procedure allocated to the instrument should be changed. Thus, the lead committee can recommend that an instrument laid under the negative procedure should be revoked and laid as an affirmative instrument and vice versa. The protocol states this “enables committees to recommend a change where they consider that the matter is of such significance that it requires active Parliamentary approval (or conversely is not so significant that it requires Parliamentary time to be allocated to its approval)”.

11. The DPLRC also consider the parliamentary procedure allocated to an instrument and make a recommendation to the lead committee where it agrees the procedure should be changed. The DPLRC has made no recommendation of procedural change for any of the above instruments.

No recommendation to change the parliamentary procedure

12. Where a lead committee agrees with the parliamentary procedure, the instrument is thereafter considered and disposed of in the same way as a ‘domestic’ SSI.

Recommendation to change the parliamentary procedure 13. Where a lead committee recommends the parliamentary procedure should be changed, it must report to the Parliament. The Scottish Government is expected to meet that recommendation as soon as possible.

14. A change of procedure does not, however, affect the timetable for Parliamentary consideration and the SSI should be considered under the procedure recommended by the lead committee.

For decision

15. The instrument has been categorised under negative procedure.

16. The Committee is invited to consider whether it is content that the parliamentary procedure allocated to the instrument by the Scottish Government is appropriate.

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Rural Economy and Connectivity Committee

32nd Meeting, 2019 (Session 5), Wednesday 20 November 2019

Subordinate Legislation

1. The Committee will consider the following instruments:

Negative procedure

• Fishing Boats Designation (EU Exit) (Scotland) Order 2019 (see Annexe A); and

• Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 (see Annexe B).

2. The Annexes contains the clerk’s note, the instrument itself and the Scottish Government’s policy note for each instrument.

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Annexe A

Fishing Boats Designation (EU Exit) (Scotland) Order 2019

Type of Instrument: Negative

Laid Date: 28 October 2019

Coming into force: EU exit day

Minister to attend the meeting: No

Procedure

1. Under the negative procedure, an instrument comes into force on the date specified on it (the “coming into force date”) unless a motion to annul is agreed to by the Parliament within the 40-day period. Lead committees are not obliged to report to the Parliament on negative instruments, except where a motion recommending annulment has been lodged.

2. This instrument is not subject to the EU exit sift process, as it is not made under powers in the European Union (Withdrawal) Act 2018.

Policy Objectives and Background

3. These Regulations are being made on a contingency basis in the event of the UK leaving the EU with no deal or withdrawal agreement in place. In this event a regime will be required to manage any fishing activity being undertaken by foreign vessels in UK waters, including the Scottish zone.

4. This instrument designates countries for the purposes of detailing the access to fisheries for vessels from those countries after the UK’s exit from the EU. In respect of each designated country, an area is designated in which boats from those countries can fish and descriptions of the sea fish that can be caught by those boats in those areas is provided.

5. The instrument also prescribes how fishing gear is to be stowed on foreign fishing boats while within UK fishery limits.

6. The instrument and Policy Note are attached, as well as being available online at the link above.

7. Correspondence from the Cabinet Secretary for the Rural Economy to the Presiding Officer is attached. This explains that the ‘28 day rule’ would have

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breached, had EU exit day been 31 October 2019 (which means that the rule is now no longer breached).1

Consideration by the Delegated Powers and Law Reform Committee 8. At its meeting on 12 November 2019, the Delegated Powers and Law Reform (DPLR) Committee considered the instrument and had two points to raise with the Rural Economy and Connectivity Committee as lead committee. These points are as follows:

9. Schedule 1 of the instrument contains a table setting out the countries designated as having special fishing access arrangements for Scottish waters. Column 1 lists the designated countries. Column 2 designates the areas in which vessels from the designated country are permitted to fish. Column 3 provides descriptions of the sea fish that can be caught be vessels from designated countries in each of the designated areas.

10. In relation to the Republic of Ireland, column 2 of the table lists 4 designated areas. However, the third designated area does not have a corresponding description of the sea fish that could be caught in that area. It is not immediately clear from the instrument what fish it is intended to permit vessels to catch in that area.

11. The DPLR Committee reports the instrument to the Rural Economy and Connectivity Committee on the basis that the meaning of this provision could be clearer.

12. In relation to the entries for the Netherlands and Norway in the table, the two appear to be combined. It would appear the designated areas and corresponding descriptions of sea fish applicable to vessels from the Netherlands have not been included in the schedule.

13. This is more significant than the error in the entry for the Republic of Ireland as it could cause confusion for the courts if asked to establish what access arrangements were intended to be provided to vessels from the Netherlands.

14. The DPLR Committee therefore also reports this instrument on the basis that the drafting of this provision is defective.

15. The DPLR Committee welcomes the Scottish Government's commitment to correct both identified errors before the instrument comes into force.

1 Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 sets out that a negative SSI must be laid before the Scottish Parliament at least 28 days before the instrument comes into force. This is the ’28 day rule’.

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Recommendation

16. The Committee is invited to consider any issues that it wishes to raise in relation to this instrument.

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Correspondence from the Cabinet Secretary for the Rural Economy to the Presiding Officer

Dear Presiding Officer

THE FISHING BOATS DESIGNATION (SCOTLAND) ORDER 2019

You will be aware that the situation regarding our potential exit from the EU with the rest of the UK is currently still very uncertain. You will also be aware that the Scottish Government has been working to respond to the UK Government’s preparations for a No-Deal scenario to protect Scottish interests, despite the inevitable widespread damage and disruption that would cause. It is our unwelcome responsibility to ensure that devolved law continues to function on and after EU withdrawal. That has included an extensive exercise involving SIs and SSIs, and in some cases, including fishing, engaging with the development of primary legislation at the UK level.

The Scottish Parliament’s role in all this work has been pivotal and we have worked very hard throughout to try to ensure the UK Government and indeed, Scottish government divisions adhere to and meet the protocol established for approving such legislation. Scottish Ministers have also worked hard to ensure relevant committees are kept uptodate timeously and effectively.

I am writing today to advise that the Fishing Boats Designation (Scotland) Order 2019 was signed on 28 October. It is being laid before the Scottish Parliament today, 28 October and comes into force on exit day. Exit day is 31 October 2019 (set out in section 20(1) of the European Union (Withdrawal) Act 2018.

Section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 sets out that a negative SSI must be laid before the Scottish Parliament at least 28 days before the instrument comes into force. On this occasion, this has not been complied with and to meet the requirements of section 31(3) that Act, this letter explains why.

The purpose of these SSIs is to put in place contingency measures in the event that the UK leaves the EU without a deal being in place. The Order designates countries for the purposes of section 2(1) of the Fishery Limits Act 1976. Section 2 prohibits foreign vessels from fishing within the Scottish zone unless their country is designated. The Order also designates the areas in which fishing boats registered in each of those countries may fish and the descriptions of sea fish for which they may fish.

The SSI was originally not considered necessary as it was expected that the UK Government would complete its Fisheries Bill through the UK parliamentary process. That has not happened and the new bill announced in the Queen’s Speech has not yet been laid. Such a bill would be our preferred place to address these matters and would remove the requirement for such an Order. Once it became clear that such a Bill would not be in place the Scottish Government has been discussing with other fisheries administrations whether existing orders (which preceeded both devolution and the current iteration of the Common Fisheries Policy) required to be updated.

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It was recently agreed that it would be necessary to update these orders. This was a result of a number of considerations. Emerging consideration of the likelihood, and implications of continuity agreements being put in place to allow reciprocal access rights between the UK and the EU, and between the UK and third countries (Norway and Faroe Islands) immediately post Exit day led us to conclude that the current designation orders would need amendment to allow such an agreement to be put in place.

Specifically, the requirement to extend the designation in existing orders to all EU member states was informed by intelligence on recent foreign vessel activity from member states not currently designated. It has been necessary to work with other administrations as a designation regime will need to be coherent across UK waters to be operable in practice, this has been in keeping with our approach to authorization and licensing, which, whilst respecting devolution has required close working between administrations.

This close working, and the recent nature of these discussions has led to us unavoidably laying this instrument at this late stage. I regret that we have not been able to comply with parliamentary procedure on this occasion but I am sure you will appreciate that these matters are completely out-with my control. However, I hope you will agree with the Scottish Government assessment that it is necessary that these SSIs are in force for exit day to ensure the regulation of foreign fishing boats in the Scottish zone from day one in the event of a no deal EU exit and in order to conclude any agreements on access arrangements in UK waters that may be required.

In the event that an extension to the current article 50 period is agreed and takes effect exit day will no longer take place on 31 October. As such we expect that the Parliament will be able to observe the usual periods of time under standing orders and the Interpretation and Legislative Reform (Scotland Act) 2010 to scrutinize this legislation. We would of course update Parliament accordingly. I am available to discuss the handling of this with committee and any other appropriate parliamentary officials.

Fergus Ewing MSP Cabinet Secretary for the Rural Economy 28 October 2019

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SCOTTISH STATUTORY INSTRUMENTS

2019 No. 345

EXITING THE EUROPEAN UNION

SEA FISHERIES

The Fishing Boats Designation (EU Exit) (Scotland) Order 2019

Made - - - - at 10.45 a.m. on 28th October 2019 Laid before the Scottish Parliament at 2.00 p.m. on 28th October 2019 Coming into force in accordance with article 1(1)

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(1) and (4) and 6(2) of the Fishery Limits Act 1976(a) and all other powers enabling them to do so.

Citation, commencement and extent 1.—(1) This Order may be cited as the Fishing Boats Designation (EU Exit) (Scotland) Order 2019 and comes into force on exit day. (2) This Order extends to Scotland only.

Interpretation 2.—(1) In this Order— “the Act” means the Fishery Limits Act 1976, “the baselines”, except where otherwise indicated, means the baselines from which the breadth of the territorial sea adjacent to the United Kingdom, the Channel Islands and the Isle of Man is measured, established by the Territorial Sea (Baselines) Order 2014(b), “demersal fish” means all sea fish except salmon, migratory trout, mackerel, clupeoid fishes, sand eels, Norway pout, smelts, eels, great weevers, crustaceans and molluscs (other than cephalopods), “exit day” has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018(c), “ICES”, in relation to an area or areas, refers to one or more of the statistical sub-areas and divisions established by the International Council for the Exploration of the Sea(d), listed in column 1 of schedule 2 and respectively described in column 2 of that schedule, but excluding

(a) 1976 c.86 (“the 1976 Act”). Section 2(1), (4) and (9) was amended by S.I. 1999/1820. Section 8 of the 1976 Act, which contains a definition for “the Ministers” and “the Scottish zone” which are relevant to the powers under which the Order is made, was amended by S.I. 1999/1820. (b) S.I. 2014/1353. (c) 2018 c.16. (d) Cmnd. 2586.

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any part of those areas which is within 12 miles from the baselines or which is outside the Scottish zone. (2) All directions in schedules 1 and 2 are related to the true compass.

Access to fisheries 3.—(1) There are designated for the purposes of section 2(1) of the Act— (a) the countries specified in column 1 of schedule 1 (“designated countries”), and (b) in relation to each designated country, the areas specified in respect of that country in column 2 of that schedule (“designated areas”). (2) The descriptions of sea fish for which the fishing boats registered in any of the designated countries may fish in any designated area are those specified in column 3 of schedule 1 in respect of that area. (3) Schedule 1 has effect subject to the following— (a) “combined quota species” means grenadiers, rat-tails, mora mora and greater forkbeard, (b) where it appears in column 3 of schedule 1 in relation to Norway, “other species” means sea fish of descriptions other than those specified in that column in relation to Norway, (c) “other white fish” means white fish of descriptions other than those specified in column 3 of schedule 1 in relation to Faroe Islands, subject to the qualification that catches must be limited to by-catches, (d) “blue ling”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes by-catches of roundnose grenadier and black scabbard, (e) “Norway pout”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes unavoidable by-catches of other species of sea fish, (f) “sprat”, where specified in column 3 of schedule 1 in relation to Faroe Islands, includes by-catches of blue whiting and herring, (g) “blue whiting”, where specified in column 3 of schedule 1 in relation to Faroe Islands includes unavoidable by-catches of argentine, (h) “ling”, where specified in column 3 of schedule 1 in relation to Faroe Islands or Norway, includes by-catches of other species of sea fish, (i) “tusk”, where specified in column 3 of schedule 1 in relation to Faroe Islands or Norway, includes by-catches of other species of sea fish.

Stowage of gear 4. Where any fishing gear of a foreign fishing boat(a) is required by section 2(4) of the Act to be stowed while the boat is in an area within the Scottish zone, the gear must be stowed in accordance with the following requirements— (a) all such fishing gear must be carried wholly inboard, (b) all nets and trawlboards and weights must be disconnected from their towing or hauling wires or ropes, (c) all trawlboards and weights must be secured at deck level or carried below deck, (d) all nets which are on deck or above deck must be securely lashed to some part of the superstructure of the fishing boat.

(a) The term ‘foreign fishing boat’ is defined in section 8 of the 1976 Act, as amended by paragraph 49(a) of schedule 13 of the Merchant Shipping Act 1995 (c.21).

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Revocations 5. The instruments specified in schedule 3 are revoked so far as they apply to the Scottish zone.

BEN MACPHERSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh At 10.45 a.m. on 28th October 2019

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SCHEDULE 1 Article 3 Access to fisheries: designated countries, areas and descriptions of sea fish

Designated country Designated areas Descriptions of sea fish Austria Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Belgium Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Bulgaria Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Croatia Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Cyprus Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Czechia Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Denmark Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Estonia Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Faroe Islands ICES II. Blue whiting. ICES IV. Blue whiting, Norway pout, sprat, other white fish. ICES IVa. Blue whiting, herring, horse mackerel. ICES V. Blue whiting. ICES VIa. Other white fish. Part of ICES VIa. Blue ling, blue whiting, horse mackerel, ling, sprat, tusk. ICES VIb. Blue ling, blue whiting, ling, tusk. Finland Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. France 1. Any part of the Scottish zone outside All descriptions of sea fish. 12 miles from the baselines. 2. The following areas within 12 miles, but outside 6 miles, from the baselines— (a) an area between— All descriptions of sea fish. (i) a line drawn north-east from Mew Island lighthouse, and (ii) a line drawn south-west from Sanda Island lighthouse, (b) an area between— All descriptions of sea fish. (i) a line drawn due north from Portstewart Point, and

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(ii) a line drawn due west from Barra Head lighthouse, (c) an area between— All descriptions of sea fish. (i) a line drawn due west from the Butt of Lewis lighthouse, and (ii) a line joining the Butt of Lewis lighthouse to the point 59°30′N, 005°45′W. 3. Such part of the area within 12 miles, All descriptions of sea fish but outside 6 miles, from the baselines except shellfish. adjacent to the Isles of Harris and Lewis and between— (d) latitude 57°40′N, and (e) a line drawn due west from the Butt of Lewis lighthouse as lies outside 6 miles from the baselines adjacent to the Flannan Islands. 4. The area within 12 miles, but outside All descriptions of sea fish. 6 miles, from the baselines adjacent to the St. Kilda Group. 5. Such part of the area within 12 miles, All descriptions of sea fish. but outside 6 miles, from the baselines adjacent to the Flannan Islands as lies outside 12 miles from the baselines adjacent to the Isles of Harris and Lewis. Germany 1. Any part of the Scottish zone outside All descriptions of sea fish. 12 miles from the baselines. 2. The area within 12 miles, but outside Herring. 6 miles, from the baselines adjacent to the Shetland and Fair Isle and between— (a) a line drawn south-east from Sumburgh Head lighthouse (Shetland), (b) a line drawn due north-east from Skroo lighthouse (Fair Isle), and (c) a line drawn south-west from Skadan lighthouse (Fair Isle).

3. The area within 12 miles, but outside Herring. 6 miles, from the baselines adjacent to the Isle of Lewis and between— (a) a line drawn due west from the Butt of Lewis lighthouse, and

(b) a line joining Butt of Lewis lighthouse to the point 59°30′N, 5°45′W.

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4. The area within 12 miles, but outside Herring. 6 miles, from the baselines adjacent to the Islands of Sulisker and North Rona. 5. The area within 12 miles, but outside Herring and mackerel. 6 miles, from the baselines adjacent to the St Kilda Group. Greece Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Hungary Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Republic of Ireland 1. Any part of the Scottish zone outside All descriptions of sea fish. 12 miles from the baselines 2. Such parts of the area within 12 Demersal fish and nephrops. miles, but outside 6 miles, from the baselines adjacent to Scotland, and between— (a) a line drawn due north from Point Lynas lighthouse, and (b) a line drawn due south from the Mull of Galloway lighthouse, as lie no nearer to the Isle of Man than a line every point of which is equidistant from the nearest points of, on the one hand, the baselines adjacent to Great Britain and, on the other hand, the baselines adjacent to the Isle of Man. 3. Such part of the area within 12 miles, but outside 6 miles, from the baselines adjacent to Northern Ireland as lies outside 6 miles from the baselines adjacent to Scotland. 4. An area within 12 miles, but outside Demersal fish and nephrops. 6 miles, from the baselines adjacent to Scotland and between— (c) latitude 55°35′N, and (d) a line drawn due west from Barra Head lighthouse. Italy Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Latvia Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Lithuania Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Luxembourg Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Malta Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Netherlands 1. Any part of the Scottish zone outside All descriptions of sea fish. Norway 12 miles from the baselines. 2. The area within 12 miles, but outside Herring. 6 miles, from the baselines adjacent to Shetland and Fair Isle between—

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(a) a line drawn south-east from Sumburgh Head lighthouse (Shetland), (b) a line drawn north-east from Skroo lighthouse (Fair Isle), and (c) a line drawn south-west from Skadan lighthouse (Fair Isle). ICES IIa. Argentine, blue ling, blue whiting, Greenland halibut, ling, tusk, other species. ICES IV. Blue ling, cod, ling, haddock, herring, horse mackerel, Norway pout, plaice, saithe, sole, sprat, tusk, whiting, other species. ICES IVa. Argentine, blue whiting. ICES Vb. Blue ling, ling, tusk, combined quota species. ICES VI. Blue ling, Greenland halibut, ling, tusk, combined quota species. Part of ICES VIa. Argentine, blue whiting, saithe. ICES VIb. Argentine, blue whiting. Poland Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Portugal Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Romania Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Slovakia Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Slovenia Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Spain Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines. Sweden Any part of the Scottish zone outside 12 All descriptions of sea fish. miles from the baselines.

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SCHEDULE 2 Article 2 ICES areas

ICES area Description II The waters bounded by a line from the geographic North Pole along the meridian of 30°00′ east longitude to 72°00′ north latitude; thence due west to 26°00′ east longitude; thence due south to the coast of Norway; thence in a westerly and southwesterly direction along the coast of Norway to 62°00′ north latitude; thence due west to 4°00’ west longitude; thence due north to 63°00′ north latitude; thence due west to 11°00’ west longitude; thence due north to 63°00′ north latitude; thence due west to 11°00′ west longitude; thence due north to the geographic North Pole. IIa The waters bounded by a line beginning at a point on the coast of Norway at 62°00′ north latitude; thence due west to 4°00′ west longitude; thence due north to 63°00′ north latitude; thence due west to 11°00′ west longitude; thence due north to 73°30′ north latitude; thence due east to 30°00′ east longitude; thence due south to 72°00′ north latitude; thence due west to 26°00′ east longitude; thence due south to the coast of Norway; thence in a westerly and southwesterly direction along the coast of Norway to the point of beginning. IV The waters bounded by a line beginning at a point on the coast of Norway at 62°00′ north latitude; thence due west to 4°00′ west longitude; thence due south to the coast of Scotland; thence in an easterly and southerly direction along the coasts of Scotland and England to a point at 51°00′ north latitude; thence due east to the coast of France; thence in a northeasterly direction along the coasts of France, Belgium, the Netherlands, and Germany to the western terminus of its boundary with Denmark; thence along the west coast of Jutland to Thyborøn; thence in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; thence across the eastern entrance of the Limfjord to Hals; thence in a westerly direction along the north coast of the Limfjord to the southernmost point of Agger Tange; thence in a northerly direction along the west coast of Jutland to Hanstholm lighthouse; thence in a northwesterly direction to the Lindesnes lighthouse; thence due north to the coast of Norway; thence in a northwesterly direction along the coast of Norway to the point of beginning. IVa The waters bounded by a line beginning at a point on the coast of Norway at 62°00′ north latitude; thence due west to 4°00′ west longitude; thence due south to the coast of Scotland; thence in an easterly and southerly direction along the coast of Scotland to a point at 57°30′ north latitude; thence due east to the line between the Lindesnes lighthouse and the Hanstholm lighthouse; thence due northwest alongside this line; thence in a northwesterly direction along the coast of Norway to the point of beginning. IVb The waters bounded by a line beginning at the Hanstholm lighthouse; thence northwest alongside the line towards the Lindesnes lighthouse up until the 57°30′ north latitude; thence due west to the coast of Scotland; thence in a southerly direction along the coasts of Scotland and England to a point at 53°30′ north latitude; thence due east to the coast of Germany; thence in a northeasterly direction along the coast of Jutland to Thyborøn; thence in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; thence across the eastern

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entrance of the Limfjord to Hals; thence in a westerly direction along the north coast of the Limfjord to the southernmost point of Agger Tange; thence in a northerly direction along the west coast of Jutland to the point of beginning. V The waters bounded by a line beginning at a point at 68°00′ north latitude, 11°00′ west longitude; thence due west to 27°00′ west longitude; thence due south to 62°00′ north latitude; thence due east to 15°00′ west longitude; thence due south to 60°00′ north latitude; thence due east to 5°00′ west longitude; thence due north to 60°30′ north latitude; thence due east to 4°00′ west longitude; thence due north to 63°00′ north latitude; thence due west to 11°00′ west longitude; thence due north to the point of beginning. Vb The waters bounded by a line beginning at a point at 63°00′ north latitude, 4°00′ west longitude; thence due west to 15°00’ west longitude; thence due south to 60°00′ north latitude; thence due east to 5°00′ west longitude; thence due north to 60°30′ north latitude; thence due east to 4°00′ west longitude; thence due north to the point of beginning. VI The waters bounded by a line beginning at a point on the north coast of Scotland at 4°00′ west longitude; thence due north to 60°30′ north latitude; thence due west to 5°00′ west longitude; thence due south to 60°00′ north latitude; thence due west to 18°00′ west longitude; thence due south to 54°30′ north latitude; thence due east to the coast of the Republic of Ireland; thence in a northerly and easterly direction along the coasts of the Republic of Ireland and Northern Ireland to a point on the east coast of Northern Ireland at 55°00′ north latitude; thence due east to the coast of Scotland; thence in a northerly direction along the west coast of Scotland to the point of beginning. VIa The waters bounded by a line beginning at a point on the north coast of Scotland at 4°00′ west longitude; thence due north to 60°30′ north latitude; thence due west to 5°00′ west longitude; thence due south to 60°00’ north latitude; thence due west to 12°00′ west longitude; thence due south to 54°30′ north latitude; thence due east to the coast of the Republic of Ireland; thence in a northerly and easterly direction along the coasts of the Republic of Ireland and Northern Ireland to a point on the east coast of Northern Ireland at 55°00′ north latitude; thence due east to the coast of Scotland; thence in a northerly direction along the west coast of Scotland to the point of beginning. Part of ICES VIa The part of ICES area VIa north of 56°30′ north. VIb The waters bounded by a line beginning at a point at 60°00′ north latitude, 12°00′ west longitude; thence due west to 18°00′ west longitude; thence due south to 54°30′ north latitude; thence due east to 12°00′ west longitude; thence due north to the point of beginning.

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SCHEDULE 3 Article 5 Revocations 1. The Fishing Boats (Belgium) Designation Order 1965(a), 2. The Fishing Boats (France) Designation Order 1965(b), 3. The Fishing Boats (Republic of Ireland) Designation Order 1965(c), 4. The Fishing Boats (European Economic Community) Designation Order 1983(d), 5. The Fishing Boats (European Economic Community) Designation (Variation) Order 1986(e), 6. The Fishing Boats (European Economic Community) Designation (Variation) Order 1992(f), 7. The Fishing Boats (European Economic Community) Designation (Variation) Order 1996(g), 8. The Fishing Boats (Specified Countries) Designation Order 1996(h), 9. The Fishing Boats (Specified Countries) Designation (Variation) Order 1997(i).

(a) S.I. 1965/1569. (b) S.I. 1965/1241. (c) S.I. 1965/1448. (d) S.I. 1983/253. (e) S.I. 1986/382. (f) S.I. 1992/3108. (g) S.I. 1996/248. (h) S.I. 1996/1035. (i) S.I. 1997/1630.

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EXPLANATORY NOTE (This note is not part of the Order) This Order revokes the existing statutory instruments listed in schedule 3 so far as they apply to Scotland and the Scottish zone and consolidates their provisions with some amendments. The Order designates additional countries for the purposes of section 2(1) of the Fishery Limits Act 1976 (“the Act”). The Order also provides how fishing gear is to be stowed for the purposes of section 2(4) of the Act. This Order extends to Scotland. Article 3 designates countries specified in schedule 1 for the purposes of section 2(1) of the Act, the areas in which fishing boats registered in each of those countries may fish and the descriptions of sea fish for which they may fish. For the purposes of section 2(4) of the Act, article 4 prescribes how fishing gear which is not required for permitted fishing is to be stowed on foreign fishing boats while in an area of the Scottish zone. The master of a fishing boat is guilty of an offence under section 2(5) of the Act in the case of any contravention of section 2(2) to (4) of the Act, including any failure to comply with the requirements of article 4. Article 5 revokes the instruments listed in schedule 3 so far as they apply to Scotland and the Scottish zone. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

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POLICY NOTE

THE FISHING BOATS DESIGNATION (SCOTLAND) ORDER 2019

SSI 2019/345

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 2(1) and (4) and 6(2) of the Fishery Limits Act 1976 and all other powers enabling them to do so. The instrument is subject to the negative procedure.

Purpose of the Order: This Order revokes the existing statutory instruments listed in schedule 3 and consolidates, and updates their provisions. The Order also designates additional countries for the purposes of section 2(1) of the Fishery Limits Act 1976 (“the Act”) and specifies how gear for fisheries that are not designated is to be stowed on a vessel for the purposes of section 2(4) of the Act. Article 3 designates the countries specified in schedule 1 for the purposes of section 2(1) of the Act; the areas within the Scottish zone in which fishing boats registered in each of those countries may fish; and the descriptions of sea fish for which vessels from those countries can fish. Article 4 prescribes how, in the circumstances specified in section 2(4) of the Act, fishing gear is to be stowed on foreign fishing boats while within British fishery limits. Section 2(5) of the Act makes the master of a fishing boat guilty of an offence in the case of any contravention of section 2(2) to (4) of the Act, including any such contravention by virtue of a failure to comply with the requirements of article 3. Article 5 revokes the instruments listed in schedule 3 so far as they apply to Scotland and the Scottish zone.

Policy Objectives This Order is made on a contingency basis in the event of the UK leaving the EU with no deal or withdrawal agreement in place. In this event a regime will be required to manage any fishing activity being undertaken by foreign vessels in UK waters, including the Scottish zone. Regulation (EU) No 1380/2013 sets out the objectives for the conservation and sustainable exploitation of European fisheries resources under the CFP. Article 5 of Regulation (EU) No 1380/2013 sets out general rules on access to EU waters. EU vessels have equal access to all waters and resources from 12-200 nautical miles of Member State baselines. When the UK leaves the EU and the CFP, Article 5 of Regulation (EU) No 1380/2013 will not apply in relation to UK waters, meaning non-UK vessels will not have automatic access rights to fish. New provisions are required to control and manage access by foreign vessels within UK waters after the UK leaves the EU Section 2(1) of the Fishery Limits Act 1976, as amended by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (SI 1998/1820) gives the Scottish Ministers power to designate any country outside the United Kingdom, the Channel Islands

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and the Isle of Man and, in relation to it, areas within the Scottish zone in which, and descriptions of sea fish for which, fishing boats registered in that country may fish. The other fisheries administrations have the same power in respect of their own waters. These powers are currently superseded by Article 5 of Regulation (EU) No 1380/2013, but upon leaving the EU the UK will need to specify any additional countries it wishes to grant access to or they will be prohibited from fishing in UK waters. The need to designate countries was to have been removed and replaced by provision in the UK Government’s Fisheries Bill, which fell on prorogation of the UK Parliament earlier this month and has not yet been introduced in this session of the UK Parliament. Designation under section 2(1) of the Act does not in itself allow foreign vessels to access Scottish waters. In order to access and fish in Scottish waters, a vessel will require an authorisation under Regulation (EU) 2017/2403 on the Sustainable Management of External Fishing Fleets (which will form part of retained EU law by virtue of the European Union (Withdrawal) Act 2018) and a licence under the Sea Fish Licensing (Foreign Vessels) (EU Exit) (Scotland) Order 2019, which comes into force on exit day (the authorisation and the licence may be the same document). The form of a licence and the means by which it may be communicated are set out in the Sea Fishing (Licences and Notices) (Scotland) Regulations 2011 (as amended). Designation essentially sets out the parameters for an authorisation/licence in terms of the countries whose vessels may be given an authorisation/licence, in which parts of our waters they may fish, and for which types of fish. Designation is a prerequisite for an authorisation or licence to be issued. The authorisation or licence may provide further restrictions on a vessel’s right to fish within the designated areas. The policy intent is for the Scottish Minsters to have broad scope to negotiate future access arrangements. This includes enabling the Scottish Ministers to allow continuity of the current access arrangements for vessels from the EU, Norway and Faroe Islands, which are governed by the Common Fisheries Policy (CFP) or existing agreements between the EU and third countries (Norway, and the Faroe Islands). This Order consolidates the existing designation orders made under section 2(1) of the Act, all of which preceded devolution, into a single designation order for Scotland. The Order revokes those existing orders, and further to their consolidation makes a number of changes and additions reflecting the changed context. In respect of EU Member States, designation is extended to all current member states, in line with their rights of mutual access provided in article 5 of the Basic Regulation of the CFP1. Also in-keeping with these existing access rights and the approach taken by previous orders to EU member states designation is for all areas within the Scottish zone (outwith 12nm), and for all descriptions of sea fish. The Order also maintains the historical rights for certain countries (all of which are EU member states) to fish in the 6-12nm portion of Scottish territorial waters, as provided for in the existing designation orders, and listed in Annex 1 to the Basic Regulation of the CFP. Designation for Norway and Faroe Islands is also maintained, and the approach of previous orders of identifying certain areas and descriptions of sea fish. The types of fish for which Norwegian and Faroese vessels may fish in certain areas has been updated to reflect existing agreements between the EU and these countries, to ensure that existing practice may be

1 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC

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continued. For example, existing designation orders designate certain species of fish which are no longer species that may be fished (for conservation reasons). Article 4 of the Order makes provision in relation to the stowage of gear. These provide for how, where a vessel is not permitted to fish, or where only certain fisheries are permitted, gear (or gear not relevant to a permitted fishery) should be stowed. Similar provisions had been in force between 1970 and 2015, where they were revoked (see SI 1970/318 and SSI 2015/320). The stowage of gear is currently dealt with in license conditions for British vessels and there are specific provisions relating to stowage of gear in relation to certain Marine Protected Areas, however, it was not considered necessary to maintain a general provision whilst the UK was a party to the EU’s Common Fishing Policy. It is now considered necessary to reinstate these provisions to allow effective enforcement of fishing regulations once the UK is an independent coastal state. This change also brings Scotland into line with other Fishing Administrations Although this Order is being made to prepare for EU Exit it is not being made under the European Union (Withdrawal) Act 2018. Therefore, the SSI protocol between the Scottish Ministers and the Scottish Parliament does not apply so the SSI is not subject to the requirement for sifting by committee to determine the appropriate procedure (the procedure applying to the Order is set out in the Fishery Limits Act 1976), nor are the written statements made under the terms of EUWA or the SSI protocol considered appropriate.

Further information

Consultation

This instrument is a contingency required in the event that the UK leaves the EU without a deal or withdrawal agreement in place. It does not amount to any change in policy, and does not in itself grant any rights of access. There has been no formal public consultation regarding this instrument.

Impact Assessments

This instrument is a contingency required in the event that the UK leaves the EU without a deal or withdrawal agreement in place, and it does not amount to any change in policy, nor in itself grant any rights of access. as such no impact assessment has been prepared for this instrument. The instrument does not alter Scottish Government’s current environmental policies and priorities and, therefore, do not have a significant impact on the environment. The impact on business, charities or voluntary bodies is expected to be minimal.

Financial Effects

The Cabinet Secretary for Rural Economy, Mr Fergus Ewing, confirms that no BRIA is necessary as the instrument has no financial effects on the Scottish Government, local government or on business.

Scottish Government Marine Scotland Directorate

October 2019

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Annexe B

Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Type of Instrument: Negative

Laid Date: 30 October 2019

Coming into force: Some parts of the SSI come into force on 9 December 2019 and some come into force on EU exit day. See the SSI itself for specific detail.

Minister to attend the meeting: No

Procedure

17. Under the negative procedure, an instrument comes into force on the date specified on it (the “coming into force date”) unless a motion to annul is agreed to by the Parliament within the 40-day period. Lead committees are not obliged to report to the Parliament on negative instruments, except where a motion recommending annulment has been lodged.

18. SSIs related to EU exit such as this one will be considered in the same way that ‘domestic’ SSIs are considered except that the lead committee has the opportunity, in advance of its policy consideration, to recommend to the Scottish Government that the parliamentary procedure allocated to the instrument should be changed. This process is known as the sift.

Policy Objectives and Background

19. These Regulations make amendments to regulations on eggs and chicks, poultry meat, price reporting for milk, and school milk, so that they will continue to operate effectively following the UK’s exit from the EU in a no deal scenario.

20. The instrument amends the below legislation to ensure that they continue to operate effectively following the UK’s exit from the EU:

• The Registration of Establishments Keeping Laying Hens (Scotland) Regulation 2003 (regarding the registration of establishments keeping laying hens)

• The Reporting of Prices of Milk Products (Scotland) Regulations 2005 (regarding the notification of prices of milk products to the Scottish Ministers);

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• The Eggs and Chicks (Scotland) (No.2) Regulations 2006 (regarding the production and marketing of eggs for hatching, other eggs, and farmyard poultry chicks);

• The Poultrymeat (Scotland) Regulations 2011 (regarding the marketing of poultrymeat); and

• The Milk and Other Products (Pupils in Educational Establishments)(Scotland) (Regulations) 2017 (regarding a scheme allowing EU and national aid in relation to milk in schools etc.).

21. The instrument also makes amendments to some of this legislation under section 2(2) of the European Communities Act 1972 to ensure it is up to date with correct EU references prior to exit day. 22. The instrument and Policy Note are attached, as well as being available online at the link above.

Consideration by the Delegated Powers and Law Reform Committee

23. At its meeting on 12 November 2019, the Delegated Powers and Law Reform (DPLR) Committee considered the instrument and no points were raised.

Recommendation

24. The Committee is invited to consider any issues that it wishes to raise in relation to this instrument.

Rural Economy and Connectivity Committee Clerks November 2019

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SCOTTISH STATUTORY INSTRUMENTS

2019 No. 347

EXITING THE EUROPEAN UNION

AGRICULTURE

ANIMALS

FOOD

The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019

Made - - - - 29th October 2019 Laid before the Scottish Parliament 30th October 2019 Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018(a), section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972(b), and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references in these Regulations to 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) 1234/2007(c) to be construed as references to that Regulation as amended from time to time.

In accordance with Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(d), the

(a) 2018 c.16. (b) 1972 c.68. Section 2(2) was amended by paragraph 15(3) of schedule 8 of the Scotland Act 1998 (c.46) (“the 1998 Act”) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by section 3(3) and Part 1 of the schedule of the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”). The functions conferred upon the Minister of the Crown under section 2(2), insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of schedule 2 was inserted by section 28 of the 2006 Act and was amended by Part 1 of the schedule of the 2008 Act. (c) OJ L 347, 20.12.2013, p.671. (d) OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.

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Scottish Ministers have consulted with representative bodies during the preparation, evaluation and revision of food law contained in these Regulations.

Citation and commencement 1.—(1) These Regulations may be cited as the Agriculture Market Measures (EU Exit) (Scotland) (Amendment) (No. 2) Regulations 2019 and come into force in accordance with paragraphs (2) and (3). (2) Regulations— (a) 4(2)(b) to (e), (b) 4(9)(b), (c) 4(10)(c)(iv)(bb) and (vi), (d) 5(2), (e) 5(9)(b), and (f) 5(9)(c)(i) and (iv), come into force on 9 December 2019. (3) All regulations not listed in paragraph (2) come into force on the later of— (a) exit day, or (b) 9 December 2019.

Amendment of the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003 2.—(1) The Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003(a) are amended as follows. (2) In regulation 2(1) (interpretation), omit the definition of “the Directive”. (3) In regulation 4 (register of establishments and provision of distinguishing number)— (a) in paragraph (2), for “paragraph 2 of the Annex to the Directive” substitute “paragraph (4)”, (b) in paragraph (3), for “in accordance with paragraph 2 of the Annex to the Directive” substitute “which meets the requirements of paragraph (4)”, and (c) after paragraph (3), insert— “(4) The distinguishing number must be composed of the appropriate farming method code, determined in accordance with paragraphs (6) to (8), followed by the letters “UK”, followed by a unique identification number allocated to the establishment by the Scottish Ministers. (5) Where it appears appropriate to the Scottish Ministers to do so, the Scottish Ministers may add further characters to the unique identification number required by paragraph (4), including characters which identify single flocks kept in separate buildings of an establishment. (6) Except where paragraph (7) applies, when the farming method in column A is used, the appropriate farming method code is the corresponding number in column B.

Column A Column B Free range 1 Barn 2 Cages 3

(a) S.S.I. 2003/576; relevant amending instrument is S.S.I. 2004/27.

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(7) Where the farming method used in the establishment produces eggs under the conditions set out in Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91(a), the appropriate farming method code is “0”. (8) For the purposes of paragraph (6), the farming method used in an establishment is to be determined in accordance with Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs(b).”. (4) In regulation 5(1) (procedure for application for registration) for “paragraph 1 of the Annex to the Directive” substitute “the schedule”. (5) At the end insert the schedule set out in the schedule of these Regulations.

Amendment of the Reporting of Prices of Milk Products (Scotland) Regulations 2005 3.—(1) The Reporting of Prices of Milk Products (Scotland) Regulations 2005(c) are amended as follows. (2) In regulation 2(1) (interpretation)— (a) omit the definition of “Commission Regulation”, and (b) for the definition of “milk products” substitute— ““milk products” means whey powder, skimmed milk powder, whole milk powder, butter, cheeses (including commodity cheeses) and raw milk.”. (3) In regulation 3 (provision of information on prices of milk products)— (a) in paragraph (1) omit the words “for” to the end, and (b) in paragraph (2) for “at a frequency determined by the Commission Regulation” substitute “on a regular basis”.

Amendment of the Eggs and Chicks (Scotland) (No. 2) Regulations 2008 4.—(1) The Eggs and Chicks (Scotland) (No. 2) Regulations 2008(d) are amended as follows. (2) In regulation 2(1) (interpretation)— (a) omit the definition of “Council Directive 1999/74/EC”, (b) 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(e), as amended from time to time,”, (c) in the definition of “Regulation (EU) No 1169/2011” at the end insert “, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council(f)”, (d) after the definition of “Regulation (EU) No 1169/2011” omit “and”, (e) in the definition of “Regulation (EC) No. 2160/2003” at the end insert “, as last amended by Council Regulation (EU) No 517/2013(g)”, and

(a) OJ L 189, 20.07.2007, p.1, as last amended by Council Regulation (EU) No 517/2013 (OJ L 158, 10.6.2013, p.1). (b) OJ L 163, 24.6.2008, p.6, as last amended by Commission Delegated Regulation (EU) 2017/2168 (OJ L 306, 22.11.2017, p.6). (c) S.S.I. 2005/484, amended by S.S.I. 2011/81 and S.S.I. 2019/73. (d) S.S.I. 2008/395, amended by S.S.I. 2010/450, S.I. 2011/1043, S.I. 2013/3235 and S.S.I. 2014/312. (e) OJ L 347, 20.12.2013, p.671. (f) OJ L 327, 11.12.2015, p.1. (g) OJ L 158, 10.6.2013, p.1.

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(f) after the definition of “Regulation (EC) No. 2160/2003” insert— ““the Scottish welfare regulations” means the Welfare of Farmed Animals (Scotland) Regulations 2010(a), and “third country” means any country or territory other than— (i) the United Kingdom, (ii) the Bailiwick of Guernsey, (iii) the Bailiwick of Jersey, and (iv) the Isle of Man.”. (3) In regulation 4 (compliance with EU provisions on eggs for hatching and chicks), in the heading omit “EU”. (4) In regulation 5(1) (registration of establishments) for “agency” substitute “authority”. (5) In regulation 7 (compliance with EU provisions on eggs in shell for consumption), in the heading omit “EU”. (6) In regulation 11(3) (derogation relating to free-range eggs)— (a) for “Article 4(1) of Council Directive 1999/74/EC (provisions applicable to alternative systems)” substitute “schedule 3 of the Scottish welfare regulations”, and (b) for sub-paragraphs (a) to (e) substitute— “(a) the second and third conditions of paragraph 17(d), (b) paragraph 17(e), (c) paragraph 18, (d) paragraph 19(a)(i), and (e) paragraph 19(b)(i).”. (7) In regulation 12(3) (derogation relating to barn eggs)— (a) for “Article 4(1) of Council Directive 1999/74/EC” substitute “schedule 3 of the Scottish welfare regulations”, and (b) for sub-paragraphs (a) to (e) substitute— “(a) the second and third conditions of paragraph 17(d), (b) paragraph 17(e), (c) paragraph 18, (d) paragraph 19(a)(i), and (e) paragraph 19(b)(i).”. (8) In regulation 12A (compliance with EU provisions), in the heading omit “EU”. (9) In schedule 1 (community provisions relating to eggs for hatching and chicks contravention of which is an offence)— (a) in the schedule heading for “COMMUNITY” substitute “RETAINED EU”, (b) in Part 1 (provisions of the single CMO regulation or Council Regulation 2013), in the Table, in the first row (Article 74 of the Council Regulation 2013), in column 1 for “Article 74 of the Council Regulation 2013” substitute “Article 116 of the Single CMO Regulation”, and (c) in Part 2 (provisions of Commission Regulation (EC) No. 617/2008), in the Table, omit the sixth row (Article 3(7)).

(a) S.S.I. 2010/388, as amended on exit day by S.S.I. 2019/34.

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(10) In schedule 2 (community provisions relating to eggs in shell for consumption contravention of which is an offence)— (a) in the schedule heading for “COMMUNITY” substitute “RETAINED EU”, (b) in Part 1 (provisions of Council Regulation 2013), in the Table— (i) in the ninth row (Articles 75(2) and (3) of Council Regulation 2013), in column 3 for “EU legislation” substitute “retained EU law”, and (ii) in the tenth row (Articles 75(2) and (3) of Council Regulation 2013), in column 3 for “EU legislation” substitute “retained EU law”, (c) in Part 2 (provisions of Commission Regulation (EC) No. 589/2008), in the Table— (i) in the second row (Article 2(2)), omit the text in column 2, (ii) omit the eighteenth, nineteenth and twentieth rows (relating to Article 8), (iii) in the twenty-first row (Article 9(1)), for the text in column 2 substitute “regulation 4 of the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003(a)”, (iv) in the twenty-fourth row (Article 12(2), first and second sub paragraphs), in column 2— (aa) omit “and Part A of Annex I,”, and (bb) for the words “Article 2 of Council Regulation (EEC) No. 2092/91” to “foodstuffs” substitute “Article 23 of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91(b)”, (v) in the twenty-sixth row (Article 12(2), fourth sub paragraph)— (aa) for the text in column 2 substitute “Part 4 of schedule 3 of the Scottish welfare regulations”, and (bb) in column 3, for the words from “listed” to the end substitute ““enriched cages””, (vi) in the thirty-third row (Article 17), in column 2, for “Annex 11” substitute “Annex II”, and (vii) in the forty-sixth row (Article 30(3)), in column 3, for “EU legislation” substitute “retained EU law”.

Amendment of the Poultrymeat (Scotland) Regulations 2011 5.—(1) The Poultrymeat (Scotland) Regulations 2011(c) are amended as follows. (2) In regulation 1(4) (citation, commencement, extent and application), at the end, before the full stop insert “, excluding poultrymeat described in point I(2) of Part B of Annex XIV to the Single CMO Regulation”. (3) In regulation 2(1) (interpretation), in the definition of “European poultrymeat provision” for “European” substitute “retained EU”. (4) In regulation 3 (offences), for “European” substitute “retained EU”. (5) In regulation 8 (enforcement), for “European” in each place where it occurs in paragraphs (1) to (3) substitute “retained EU”. (6) In regulation 10 (powers of entry), for paragraph (2) substitute— “(2) The authorised officer may be accompanied by such other persons as the authorised officer considers necessary.”.

(a) S.S.I. 2003/576. (b) OJ L 189, 20.07.2007, p.1, as last amended by Council Regulation (EU) No 517/2013 (OJ L 158, 10.6.2013, p.1). (c) S.S.I. 2011/318, as amended by S.S.I. 2013/84, S.I. 2013/3235, S.S.I. 2015/100 and S.S.I. 2018/391.

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(7) In regulation 11 (powers of an authorised officer)— (a) in paragraph (9)(a) for “European Union” substitute “United Kingdom”, and (b) omit paragraph (12). (8) In regulation 13 (compliance notices), for “European” in each place where it occurs substitute “retained EU”. (9) In schedule 1 (European poultrymeat provisions contravention of which is an offence)— (a) in the schedule heading for “EUROPEAN” substitute “RETAINED EU”, (b) in Part 1 (provisions of the Single CMO Regulation or the Council Regulation 2013), in the Table— (i) in the first row (Article 74 of the Council Regulation 2013, first sub-paragraph, insofar as it relates to the marketing of poultrymeat)— (aa) for the text in column 1 substitute “Article 116 of the Single CMO Regulation”, and (bb) in column 2 for “Article” to “2013” substitute “Points I(2) and (3) and III(1) of Part B of Annex XIV to the Single CMO Regulation,”, and (ii) after the first row insert—

“Point III(1) of Part B of Article 7 of the Commission Quality grading.”, and Annex XIV to the Single Regulation CMO Regulation

(c) in Part 2 (provisions of the Commission Regulation), in the Table, in column 2 of— (i) the tenth row (Article 7(1)), for the text substitute “Point III(1) of Part B of Annex XIV to the Single CMO Regulation”, (ii) the twelfth row (Article 10), omit the text, (iii) the thirteenth row (Article 11(1), first sub-paragraph), for “Annexes IV and V” substitute “Annex V”, (iv) the twenty-third row (Article 16(1), second sub-paragraph), for “XI” substitute “IX”, (v) the twenty-seventh row (Article 16(6)), omit the text, and (vi) the thirty-fourth row (Article 20(4) in so far as it applies Article 16(6) of the Commission Regulation), omit the text.

Amendment of the Milk and Other Products (Pupils in Educational Establishments) (Scotland) Regulations 2017 6.—(1) The Milk and Other Products (Pupils in Educational Establishments) (Scotland) Regulations 2017(a) are amended as follows. (2) In regulation 2(1) (interpretation)— (a) before the definition of “applicant” insert— ““Aid” means aid granted pursuant to Article 23(1) of the Council Regulation, (whether before or after exit day),”, (b) omit the definition of “National aid”, and (c) omit the definition of “Union aid” . (3) Omit regulation 3 (additional payment under Article 23a(6) and 217 of the “Council Regulation”).

(a) S.S.I. 2017/178.

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(4) In regulation 4 (withholding or recovery)— (a) in paragraph (1), for “Union aid or National aid” in each place where it occurs substitute “Aid”, and (b) after paragraph (1) insert— “(1A) For the purposes of paragraph (1), Aid includes an additional payment under Articles 23a(6) and 217 of the Council Regulation (as it had effect immediately before exit day).”. (5) In regulation 7 (revocation and saving provision)— (a) in paragraph (1) omit “Subject to paragraph (2),”, and (b) omit paragraph (2).

MAIRI GOUGEON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th October 2019

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SCHEDULE Regulation 2(5) SCHEDULE TO BE INSERTED INTO THE REGISTRATION OF ESTABLISHMENTS KEEPING LAYING HENS (SCOTLAND) REGULATIONS 2003

“SCHEDULE Regulation 5(1) Information required for registration of each establishment 1. In respect of the establishment— (a) the name of the establishment, and (b) the address of the establishment. 2. In respect of the natural person responsible for the laying hens (“the keeper”)— (a) the name of the keeper, (b) the address of the keeper, and (c) where the keeper is the owner or keeper of any other establishment registered under these Regulations, the registration number of each such establishment. 3. In respect of the owner of the establishment, if different from the keeper— (a) the name of the owner, (b) the address of the owner, and (c) where the owner is the owner or keeper of any other establishment registered under these Regulations, the registration number of each such establishment. 4. In respect of further information on the establishment— (a) the farming method or methods used, according to the definitions in regulation 4(6) to (8) of these Regulations, and (b) the maximum capacity of the establishment in number of birds present at one time, and if different farming methods are used, the maximum number of birds present at one time per farming method.”

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EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations are 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) (“the 2018 Act”) and by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972 (c.68) (“the 1972 Act”). The Regulations are made in order to address failures of EU-derived domestic law to operate effectively and other deficiencies that would otherwise arise as a result of the withdrawal of the UK from the European Union. The Regulations also make amendments under section 2(2) of the 1972 Act in the field of common market organisations for certain agricultural products to make minor corrections and update references in relation to a number of EU instruments referred to in the instruments being amended, for the purposes of ensuring enforceability of current law. Regulation 2 amends the Registration of Establishments Keeping Laying Hens (Scotland) Regulations 2003 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 3 amends the Reporting of Prices of Milk Products (Scotland) Regulations 2005 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 4 amends the Eggs and Chicks (Scotland) (No. 2) Regulations 2008, which implement and relate to EU measures providing for marketing standards and related measures as regards eggs and chicks. Regulation 4 fixes deficiencies which arise as a result of the withdrawal of the UK from the European Union and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 4 also updates cross-references to EU instruments, and those updates are made in exercise of section 2(2) of the 1972 Act, in order to provide for enforcement of the current EU marketing standards. Regulation 5 amends the Poultrymeat (Scotland) Regulations 2011, which provide for enforcement of EU marketing standards for poultrymeat. Regulation 5 fixes deficiencies that would otherwise arise as a result of withdrawal of the UK from the European Union and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. Regulation 5 also makes minor corrections to cross-references to EU instruments to ensure provision for enforcement of the currently applicable EU marketing standards. Those corrections are made in exercise of section 2(2) of the 1972 Act. Regulation 6 amends the Milk and Other Products (Pupils in Educational Establishments) (Scotland) Regulations 2017 to fix deficiencies and is made in exercise of powers conferred by paragraph 1(1) and (3) of schedule 2 of the 2018 Act. All the amendments are to ensure the enforcement of marketing standards and common market organisation in these product sectors operates effectively after EU exit. No Business and Regulatory Impact Assessment has been prepared in relation to these Regulations as no significant impact upon business, charities or voluntary bodies is foreseen.

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POLICY NOTE

THE FISHING BOATS DESIGNATION (SCOTLAND) ORDER 2019

SSI 2019/345

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Further information

Consultation

Impact Assessments

Financial Effects

The Cabinet Secretary for Rural Economy, Mr Fergus Ewing, confirms that no BRIA is necessary as the instrument has no financial effects on the Scottish Government, local government or on business.

Scottish Government Marine Scotland Directorate

October 2019