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UK MINISTERS ACTING IN DEVOLVED AREAS
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104 - The Market Measures (Marketing Standards) (Amendment of Retained Direct EU Legislation) (EU Exit) Regulations 2019 Laid in the UK Parliament: 13 February 2019 |
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Sifting |
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Subject to sifting in UK Parliament? |
No |
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Procedure: |
Affirmative |
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Date of consideration by the House of Commons European Statutory Instruments Committee |
N/A |
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Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
W/C 25/02/2019 |
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Date sifting period ends in UK Parliament |
N/A |
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Written statement under SO 30C: |
Paper 29 |
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SICM under SO 30A (because amends primary legislation) |
Not required |
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Scrutiny procedure |
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Outcome of sifting |
N/A |
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Procedure |
Affirmative |
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Date of consideration by the Joint Committee on Statutory Instruments |
Not known |
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Date of consideration by the House of Commons Statutory Instruments Committee |
Not known |
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Date of consideration by the House of Lords Secondary Legislation Scrutiny Committee |
Not known |
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Commentary
The written statement has an incorrect title. The written statement relates to The Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019. This has been raised with the Welsh Government.
These Regulations are proposed to be made by the UK Government pursuant to section 8(1) and paragraph 21 of Schedule 7 to the European Union (Withdrawal) Act 2018.
The Common Market Organisation (“CMO”) is the framework for the market measures provided for under the Common Agriculture Policy (“CAP”), providing the framework for the market support schemes set up in the various agricultural sectors. The CMOs were set up as a means of meeting the objectives of the CAP and in particular to stabilise markets, ensure a fair standard of living for agricultural producers and increase agricultural productivity. It has over time broadened out to provide a toolkit that enables the EU to manage market volatility, incentivise collaboration between and competitiveness of agricultural producers and facilitate trade.
The 2019 Regulations make amendments to various existing EU legislation which forms part of UK law relating to the CMO. The 2019 Regulations make amendments to retained directly applicable EU legislation in relation to food marketing standards. The 2019 Regulations will ensure marketing standards in the food sector will be operable following the UK’s exit from the EU. After EU Exit and without amendment, the retained EU legislation would contain inoperable provisions that would prevent the delivery of market support schemes to the agricultural sector.
Legal Advisers agree with the statement laid by the Welsh Government dated 15 February 2019 regarding the effect of these Regulations. The statement notes that this instrument contains provisions which:
Functions which are transferred to the Secretary of State alone or with the consent of the Welsh Ministers constitute functions of a Minister of the Crown for the purposes of Schedule 7B to the Government of Wales Act 2006. A future Assembly Bill seeking to remove or modify these functions could trigger a requirement to consult the UK Government.
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