PART 3 E+W+SAMENDMENTS TO REGULATIONS THAT RELATE ONLY TO SCOTLAND

Amendments to the Eggs and Chicks (Scotland) (No. 2) Regulations 2008E+W+S

18.—(1) The Eggs and Chicks (Scotland) (No. 2) Regulations 2008 M1 are amended as follows.

(2) In regulation 2 (interpretation)—

(a)in paragraph (1), after the definition of “Council Directive 1999/74/EC” insert “ “Council Regulation 2013” means the Regulation of the European Parliament and of the Council adopted on 16 December 2013 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 ”;

(b)in paragraph (3), for “Part A of Annex XIV to the Single CMO Regulation” substitute “ Part VI of Annex VII to Council Regulation 2013 ”;

(c)in paragraph (4)—

(i)omit the full stop at the end of sub-paragraph (b); and

(ii)at the end of sub-paragraph (b) insert—

“or the Council Regulation 2013 mentioned in column 1 of Part 1 of Schedule 1, as read with any provision mentioned in any corresponding entry in column 2 of that Part;”; and

(d)in paragraph 5(a), for “the Single CMO Regulation” substitute “ the Council Regulation 2013 ”.

(3) In regulation 3 (products to which these Regulations apply)—

(a)in paragraph (1)(b), for “Part A of Annex XIV to the Single CMO Regulation” substitute “ Part VI of Annex VII to Council Regulation 2013 ”;

(b)in paragraph (2)(b), for “Part A of Annex XIV to the Single CMO Regulation” substitute “ Part VI of Annex VII to Council Regulation 2013 ”; and

(c)for paragraph (2)(c) substitute—

“(c)except in so far as they relate to the requirement imposed by point III(3) of Part VI of Annex VII to Council Regulation 2013, the sale of eggs to which point I(1) of Part VI of Annex VII to that Regulation and Commission Regulation (EC) No. 589/2008 apply, where the eggs are sold, without any quality or weight grading, directly to the final consumer by the producer in a local public market in the region of production.”.

(4) In regulation 9 (derogations relating to the marking of eggs)—

(a)in paragraph (1) for “Part A of Annex XIV to the Single CMO Regulation” substitute “ Part VI of Annex VII to Council Regulation 2013 ”;

(b)in paragraph (2)—

(i)for “Part A of Annex XIV to the Single CMO Regulation” substitute “ Part VI of Annex VII to Council Regulation 2013 ”; and

(ii)for “Part A of Annex XIV to the Council Regulation” substitute “ Part VI of Annex VII to Council Regulation 2013 ”.

(5) In Schedule 1 (EU provisions relating to eggs for hatching and chicks contravention of which is an offence), in part 1 (provisions of the Single CMO Regulation)—

(a)in the heading insert at the end “ or Council Regulation 2013 ”;

(b)for the heading to column 1 substitute “ Relevant EU provision ”;

(c)in column 1, for “Article 113(3) substitute “ Article 74 of the Council Regulation 2013 ”;

(d)in column 1, after “Annex XIV”, in each place it occurs, insert “ to the Single CMO ”;

(6) In Schedule 2 (EU provisions relating to eggs in shell for consumption contravention of which is an offence),

(a)for Part 1 (provisions of the Single CMO Regulation) substitute—

“PART 1 E+W+SPROVISIONS OF COUNCIL REGULATION 2013

(b)in Part 2 (provisions of Commission Regulation (EC) No. 589/2008)—

(i)in relation to the entry for Article 2(1) of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV, first indent, to the Single CMO Regulation” substitute “ Part VI of Annex VII, paragraph (a), to the Council Regulation 2013 ”;

(ii)in relation to the entry for Article 2(4) of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV, second indent, to the Single CMO Regulation” substitute “ Part VI of Annex VII, paragraph (b), to the Council Regulation 2013 ”;

(iii)in relation to the entry for Article 4(1) of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV to the Single CMO Regulation” substitute “ Part VI of Annex VII to the Council Regulation 2013 ”;

(iv)in relation to the entry for Article 8(5) of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV, second sub-paragraph, of the Single CMO Regulation”, substitute “ Part VI of Annex VII, second sub-paragraph, to the Council Regulation 2013 ”;

(v)in relation to the entry for Article 10 of Commission Regulation (EC) No. 589/2008 in column 2, for “Part A of Annex XIV, second sub-paragraph to the Single CMO Regulation”, substitute “ Part VI of Annex VII, second sub-paragraph, to the Council Regulation 2013 ”; and

(vi)in relation to the entry for Article 30(3) of Commission Regulation (EC) No. 589/2008 in column 2, omit “Point IV(3) of Part A of Annex XIV to the Single CMO Regulation and”.

(7) In Schedule 2A (EU provisions relating to eggs in shell for consumption: salmonella control related requirements where the contravention of which is an offence) in relation to the entry for Point 2, second sub-paragraph, paragraph (a), of Part D of Annex II of Regulation (EC) No. 2160/2003, in column 2, for “Part A of Annex XIV to, the Single CMO Regulation” substitute “ Part VI of Annex VII to the Council Regulation 2013 ”.