The Plant Health (Official Controls and Miscellaneous Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2020

Amendment of regulation 21

10.  For regulation 21 (authorisations for other purposes) substitute—

“21.— (1) The Scottish Ministers may grant an authorisation to permit the carrying out of—

(a) any activity specified in a plant health derogation, or

(b) any other activity which requires the approval of the Scottish Ministers under the EU Plant Health Regulation, the Official Controls Regulation or these Regulations.

(2) An application for any such authorisation must be made to the Scottish Ministers in the manner and form required by the Scottish Ministers.

(3) In this regulation, a “plant health derogation” means—

(a) a derogation from provisions of the EU Plant Health Regulation which is set out in the EU Plant Health Regulation, an implementing or delegated act adopted by the European Commission under the EU Plant Health Regulation or the Official Controls Regulation, or

(b) a derogation in any decision within the meaning of Article 288 of the Treaty on the Functioning of the European Union, which continues to apply for the purposes of the EU Plant Health Regulation on or after the commencement date which allows member States to authorise an activity which would otherwise be prohibited by or under the EU Plant Health Regulation.”.