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Pesticides (Revocation) (EU Exit) Regulations 2022

Letter to the Convener from Laura Slater, Minister for Green Skills, Circular Economy and Biodiversity, Scottish Government, 7 December 2021

Dear Dean,

The Pesticides (Revocation) (EU Exit) Regulations 2022 ("The Regulations")

EU Exit Legislation - Protocol with Scottish Parliament

I am writing to highlight to you the previous letter I sent to you on 1 December 2021, regarding the above regulations. I wish to apologise, but there were errors in this letter and I would ask that you discard the previous letter and consider this one instead. All other documents were correct.

I am writing to you in relation to the protocol on obtaining the approval of the Scottish Parliament to proposals by the Scottish Ministers to consent to the making of UK secondary legislation affecting devolved areas arising from EU Exit.

That protocol, as agreed between the Scottish Government and then Parliament, accompanied the letter from the Cabinet Secretary for Government Business and Constitutional Relations, Michael Russell MSP, to the Conveners of the Finance & Constitution and Delegated Powers and Law Reform Committees on 4 November 2020 and replaced the previous protocol that was put in place in 2018.

I attach a Type 1 notification which sets out the details of the Regulations which the UK Government propose to make and the reasons why I am content that Scottish devolved matters are to be included in the Regulations. Please note, we are yet to have sight of the final version of the Regulations and they are not available in the public domain at this stage. We will, in accordance with the protocol, advise you when the final SI is laid and advise you as to whether the final SI is in keeping with the terms of this notification.

The Regulations are being introduced to make a number of amendments to repeal redundant direct EU legislation which forms the plant protection product and maximum residue level regulatory regimes, so that they can continue to operate effectively following the end of the implementation period The changes made by this instrument will remove redundant provisions (specifically repealing EU implementing regulations which had previously given effect to active substance and MRL decisions, which are now given effect through statutory registers) so that plant protection products, and MRLs for pesticides in food and feed, continue to be effectively managed.

The Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019, the Pesticides (Maximum Residue Levels) (Amendment etc.) (EU Exit) Regulations 2019 and the Pesticides (Amendment) (EU Exit) Regulations 2019 have already been considered by the Scottish Government and as noted in the notification for those SIs they reflect the position of the Scottish Ministers as able to exercise functions under retained EU law in relation to Scotland.

I am copying this letter to the Convener of the Delegated Powers and Law Reform Committee.

I look forward to hearing from you by 17 January 2022.

Kind regards

Lorna Slater

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