Explanatory Memorandum to The Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019
This Explanatory Memorandum has been prepared by Department for Energy, Planning and Rural Affairs and is laid before the National Assembly for Wales in conjunction with the above subordinate legislation and in accordance with Standing Order 27.1.
Minister’s Declaration
In my view, this Explanatory Memorandum gives a fair and reasonable view of the expected impact of The Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019.
I have made the statements required by the European Union (Withdrawal) Act 2018. These statements can be found in Part 2 of the Annex to this memorandum.
Lesley Griffiths
Minister for Environment, Energy
and Rural Affairs
16 July 2019
These Regulations make related amendments to the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 and The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019. These Regulations transpose EU legislation and correct operability issues that would arise after Exit.
2.1 Part 2 of these Regulations is made in exercise of powers conferred by section 2(2) of the European Communities Act 1972 while Part 3 of these Regulations is made in exercise of powers in paragraph 1(1) of Schedule 2 to the European Union (Withdrawal) Act 2018 (“the 2018 Act”). Part 3 of these Regulations comes into force immediately before “exit day”, which is defined as 31 October 2019 at 11.00 pm.
As set out in the Ministerial statement in Part 2 of the Annex to this Explanatory Memorandum it is proposed that the instrument be subject to the negative procedure. The instrument makes minor and technical changes and as such should be subject to annulment.
3.1 Part 2 of these Regulations is made in exercise of powers conferred by section 2(2) of the European Communities Act 1972. Part 3 of these Regulations is made in exercise of powers conferred by paragraph 1(1) of Schedule 2 to the 2018 Act in order to address failures of retained EU law to operate effectively due to the withdrawal of the United Kingdom from the European Union.
3.2 In accordance with the requirements of the 2018 Act the Minister for Environment, Energy and Rural Affairs, Lesley Griffiths, has made the relevant statements set out in Part 2 of the Annex to this Explanatory Memorandum.
3.3 This instrument makes amendments which are legally necessary to achieve its objectives. It does not represent any changes of policy and it will not produce any impact on businesses or the public.
· The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017; and
· The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019.
4.2 Council Directive 2008/90/EC (“the Fruit Directive”) prescribes marketing standards for fruit plant propagating material to ensure minimum quality standards and traceability. It allows each Member State to authorise in respect of its territory the marketing of planting material produced in countries outside the European Union which the Member State considers to have equivalent production standards. The Directive is transposed by the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017.
Why is it being changed?
4.23 The Fruit Directive allows a Member State, during a specified period, to authorise in respect of their territory the marketing of fruit plant material produced in countries outside the European Union which that Member State considers to have equivalent production standards. The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 transposed this provision which was time limited. That limit has been extended by Commission Decision (EU) 2019/120. These Regulations provide for the new EU timeframe relating to the Fruit Directive and makes exit deficiency amendments with regards to references to the European Union.
What will it now do?
4.24 These Regulations will enable the Welsh Ministers to authorise the marketing, in Wales, of fruit plant and propagating material from any country outside of the EU if satisfied the plant material has been produced under conditions equivalent to those required in domestic legislation. The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019 are amended to ensure that the amendment made by regulation 2 of these Regulations continues to operate effectively after the withdrawal of the United Kingdom from the European Union.
6.1 There is no associated guidance in respect of this Statutory Instrument.
7.1 The impact on business, charities or voluntary bodies is minimal.
8. Monitoring & review
8.1 As this instrument is made under the Withdrawal Act, no extra review arrangement is required.
Statements under the European Union (Withdrawal) Act 2018
Part 1
Table of Statements under the 2018 Act
This table sets out the statements that may be required of the Welsh Ministers under the 2018 Act. The table also sets out those statements that may be required of Ministers of the Crown under the 2018 Act, which the Welsh Ministers have committed to also provide when required. The required statements can be found in Part 2 of this annex.
|
Statement |
Where the requirement sits |
To whom it applies |
What it requires |
|
Appropriate- ness |
Sub-paragraph (2) of paragraph 28, Schedule 7 |
Applies to Ministers of the Crown exercising powers in sections 8(1), 9 and 23(1) or jointly exercising powers in Schedule 2. Welsh Ministers have committed to make the same statement when exercising powers in Schedule 2 |
A statement that the SI does no more than is appropriate. |
|
Good Reasons |
Sub-paragraph (3) of paragraph 28, Schedule 7 |
Applies to Ministers of the Crown exercising powers in sections 8(1), 9 and 23(1) or jointly exercising powers in Schedule 2. Welsh Ministers have committed to make the same statement when exercising powers in Schedule 2 |
A statement to explain the good reasons for making the instrument and that what is being done is a reasonable course of action. |
|
Equalities |
Sub-paragraphs (4) and (5) of paragraph 28, Schedule 7 |
Applies to Ministers of the Crown exercising powers in sections 8(1), 9 and 23(1) or jointly exercising powers in Schedule 2. Welsh Ministers have committed to make the same statement when exercising powers in Schedule 2 |
A statement to explain what, if any, amendment, repeals or revocations are being made to the Equalities Acts 2006 and 2010 and legislation made under them.
A statement that the Minister has had due regard to the need to eliminate discrimination and other conduct prohibited under the Equality Act 2010. |
|
Explanations |
Sub-paragraph (6) of paragraph 28, Schedule 7
|
Applies to Ministers of the Crown exercising powers in sections 8(1), 9 and 23(1) or jointly exercising powers in Schedule 2. Welsh Ministers have committed to make the same statement when exercising powers in Schedule 2 |
A statement to explain the instrument, identify the relevant law before exit day, explain the instrument’s effect on retained EU law and give information about the purpose of the instrument, e.g. whether minor or technical changes only are intended to the EU retained law. |
|
Criminal offences |
Sub-paragraphs (3) and (7) of paragraph 28, Schedule 7 |
Applies to Ministers of the Crown exercising powers in sections 8(1), 9 and 23(1) or jointly exercising powers in Schedule 2. Welsh Ministers have committed to make the same statement when exercising powers in Schedule 2 |
A statement setting out the ‘good reasons’ for creating a criminal offence, and the penalty attached. |
|
Sub- delegation |
Paragraph 30, Schedule 7 |
Applies to Ministers of the Crown exercising powers in sections 8(1), 9 and paragraph 1 of Schedule 4 to create a legislative power exercisable not by a Minister of the Crown or a Devolved Authority.
Welsh Ministers have committed to make the same statement when exercising powers in Schedule 2 or paragraph 1 of Schedule 4 to create a legislative power exercisable not by a Minister of the Crown or a Devolved Authority |
A statement to explain why it is appropriate to create such a sub-delegated power. |
|
Urgency |
Sub-paragraph (2) and (8) of paragraph 7, Schedule 7 |
Welsh Ministers exercising powers in Part 1 of Schedule 2 but using the urgent procedure in paragraph 7 of Schedule 7 |
A statement that the Welsh Ministers are of the opinion that it is necessary to make the SI using the urgent procedure and the reasons for that opinion. |
Part 2
Statements required when using enabling powers under the European Union (Withdrawal) 2018 Act
1. 1. Sifting statement
The Minister for Environment, Energy and Rural Affairs, Lesley Griffiths, has made the following statement regarding use of legislative powers in the European Union (Withdrawal) Act 2018:
“In my view The Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019 should be subject to annulment in pursuance of a resolution of the National Assembly for Wales (i.e. the negative procedure)”. This is the case because the changes being made are technical in nature and make no substantive changes to how the Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 and The Marketing of Seeds and Plant Propagating Material (Amendment) (Wales) (EU Exit) Regulations 2019operate.
2. Appropriateness statement
The Minister for Environment, Energy and Rural Affairs, Lesley Griffiths, has made the following statement regarding use of legislative powers in the European Union (Withdrawal) Act 2018:
“In my view The Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019 does no more than is appropriate”. This is the case because all the changes being made under the 2018 Act powers are solely in order to address deficiencies arising from EU exit.”
3. Good reasons
The Minister for Environment, Energy and Rural Affairs, Lesley Griffiths, has made the following statement regarding use of legislative powers in the European Union (Withdrawal) Act 2018:
“In my view there are good reasons for the provisions in this instrument, and I have concluded they are a reasonable course of action”. This is because the provisions made under the 2018 Act powers ensure that protections provided by the statutory instrument being amended continue to be operable after the UK leaves the European Union.”
4. Equalities
4.1 The Minister for Environment, Energy and Rural Affairs, Lesley Griffiths, has made the following statement(s):
“The Seeds (Amendment etc.) (Wales) (EU Exit) Regulations 2019 do not amend, repeal or revoke a provision or provisions in the Equality Act 2006 or the Equality Act 2010 or subordinate legislation made under those Acts.”
4.2 The Minister for Environment, Energy and Rural Affairs, Lesley Griffiths, has made the following statement regarding use of legislative powers in the European Union (Withdrawal) Act 2018:
“In relation to the instrument, I, Lesley Griffiths have had due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010.”
Little or no impact on equalities is expected.
5. Explanations
5.1 The explanations statement has been made in paragraph 4 (Purpose & intended effect of the legislation) of the main body of this explanatory memorandum.
6. Criminal offences
Not applicable / required.
7. Legislative sub-delegation
Not applicable / required.
8. Urgency
Not applicable / required.