The Aquatic Animal Health (Scotland) Regulations 2009

Additional certification provisions

18.—(1) Where any aquaculture animal, which is susceptible to a disease listed in the second column of [F1 Annex 1A to Regulation (EC) No. 1251/2008] or is a vector for that disease, is introduced into Scotland with the intention of being released into the wild or into a put and take fishery, the place of introduction is, for the purpose of regulation 17(1), to be treated as though it has, in relation to that disease, a Category I disease-free health status under Part A of Annex III to [F2 Directive 2006/88/EC].

(2) Where any wild aquatic animal, which is susceptible to a listed disease or is a vector for that disease, is introduced into Scotland with the intention of being released into the wild or into a put and take fishery, the animal is, for the purposes of regulations 17(1) and 18(1), to be treated as though it is an aquaculture animal introduced with the intention of being released into the wild or into a put and take fishery.

(3) Where any wild aquatic animal, which is susceptible to a listed disease or is a vector for that disease, is introduced into Scotland for further processing before human consumption, the animal is, for the purpose of regulation 17(1), to be treated as though it is an aquaculture animal introduced for further processing before human consumption.

(4) In paragraph (1)–

[F3 (a) an animal is susceptible to a disease listed in the second column of Annex 1A to Regulation (EC) No 1251/2008 if it is of a species listed as susceptible to that disease in a document published under Article 3a(1) of Regulation (EC) No 1251/2008;

(b) an animal is a vector for a disease listed in the second column of Annex 1A to Regulation (EC) No 1251/2008 if it is of a species listed as a vector for that disease in a document published under Article 3(1) of Regulation No 1251/2008 and fulfils the conditions set out in that document.]

(5) In paragraphs (2) and (3)–

(a) “wild aquatic animal” means any live aquatic animal which can survive in the natural aquatic environment in Scotland and is not an aquaculture animal;

[F4 (b) an animal is susceptible to a listed disease if it is of a species listed as susceptible to that disease—

(i) in a document published under Article 3a(1) of Regulation (EC) No 1251/2008; or

(ii) in a document published under regulation 3B.

(c) an animal is a vector for a listed disease if it is of a species listed as a vector for that disease in a document published under Article 3(1) of Regulation (EC) No 1251/2008 and fulfils the conditions set out in that document.]

(6) In paragraphs (1) to (3) any reference to the introduction of any animal into Scotland includes the introduction of the animal into any zone or compartment within Scotland from any other zone or compartment within Scotland.

[F5 (7) The reference in paragraph (1) to Part A of Annex 3 to Directive 2006/88/EC is to be read in accordance with paragraph 4 of schedule 1E of these Regulations.]

Textual Amendments

F1 Words in reg. 18(1) substituted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(4)(a)(i)

F2 Words in reg. 18(1) substituted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(4)(a)(ii)

F3 Reg. 18(4)(a)(b) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(4)(a)

F4 Reg. 18(5)(b)(c) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 8(4)(b)

F5 Reg. 18(7) inserted (31.12.2020) by The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/393), regs. 1(3), 3(4)(d)