These Regulations, which implement Directive 2006/88/EC, may be cited as the Aquatic Animal Health (Scotland) Regulations 2009.

These Regulations extend to Scotland only.

In these Regulations–

• F6“Commission Decision 2009/177/EC” means Commission Decision 2009/177/EC implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments;

• F4“the competent authority” has the meaning given in regulation 3A;

• F7“Decision 2015/1554” means Commission Implementing Decision (EU) 2015/1554 laying down rules for the application of Directive 2006/88/EC as regards requirements for surveillance and diagnostic methods;

• F1...

• F5...

• “Directive 2006/88/EC” means Council Directive 2006/88/ECM1 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals, as amended from time to time;

• “inspector” means any person authorised by the competent authority to be an inspector for the purposes of these Regulations;

• “listed disease” means–

  1. a

     a disease listed in the second column of F8Annex 1A to Regulation (EC) No. 1251/2008; or

  2. b

     a disease listed in the first column of Schedule 1 to these Regulations;

• “non-commercial installation” means any aquaculture production business in which aquatic animals are kept with no intention of placing them on the market;

• “operator”, in relation to an aquaculture production business, a specialist transport business, a processing establishment, a non-commercial installation or a put and take fishery, means any person who is responsible for the management of that business, establishment, installation or fishery;

• F2“processing establishment” means any food business which is approved for processing aquaculture animals for food purposes in accordance with Article 4 of Regulation (EC) No 853/2004 and which may, when granted an authorisation under regulation 7, slaughter aquaculture animals for disease control purposes in accordance with Article 33 of Chapter V of Directive 2006/88/EC; which aquaculture animals—

  1. (a)

     are the subject of a notice; or

  2. (b)

     come from an area, farm or mollusc farming area which is the subject of a notice,

  under Part 4 of these Regulations, or of any provision in any Regulations made in relation to England, Wales or Northern Ireland which has equivalent effect to that  Part; and

• F3“Regulation (EC) No 853/2004” means Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p.55), as amended from time to time;

• “Regulation (EC) No. 1251/2008” means Commission Regulation (EC) No. 1251/2008M2 on implementing Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species, as amended from time to time;

• “Scotland” includes so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Scotland; and

• “specialist transport business” means a business or undertaking which wholly or mainly transports live aquaculture animals in means of transport specially designed or adapted for that purpose.

Any expression used in these Regulations which is also used in Directive 2006/88/EC (except for the definitions of “operator” and “processing establishment” in paragraph (1) and “wild aquatic animal” in regulation 18(5)) has the meaning it bears in that Directive.

Schedule 1 F9(list of diseases and geographical demarcation of areas declared disease free) has effect.