13. After article 16 (scientific instruments etc. – removal activity) insert—
16A.—(1) This article applies to a removal activity carried on for the purpose of removing any object from the seabed which has been accidentally deposited there.
(2) This article is subject to conditions 1 and 2.
(3) Condition 1 is that notice of the activity must be given, in writing, to the Scottish Ministers no later than 3 months from the date of commencement of the removal activity.
(4) Condition 2 is that the object to be removed from the seabed has been deposited there for less than one year before the removal activity is commenced.
(5) This article does not apply to an activity where—
(a)it causes, or is likely to cause, obstruction or danger to navigation;
(b)it is a plan or project that is likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; or
(c)it is capable of affecting (other than insignificantly)—
(i)the protected features of an MPA; or
(ii)any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.
(6) A reference to a “removal activity” in this article does not include the use of an aircraft, marine structure or floating container to remove the object from the seabed.
(7) In paragraph (5)(b), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(1).
16B.—(1) This article applies to a removal activity carried on for the purpose of sediment sampling.
(2) This article is subject to the condition that notice of the intention to carry on the activity must be given, in writing, to the Scottish Ministers before the activity is commenced.
(3) This article does not apply to an activity where—
(a)the volume of sediment removed is more than 1 cubic metre;
(b)it causes, or is likely to cause, obstruction or danger to navigation;
(c)it is a plan or project likely (either alone or in combination with other plans or projects) to have a significant effect on a European site; or
(d)it is capable of affecting (other than insignificantly)—
(i)the protected features of an MPA; or
(ii)any ecological or geomorphological process on which the conservation of any protected feature of an MPA is (wholly or in part) dependent.
(4) In paragraph (3)(c), “likely” has the same meaning as in Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora.”.
OJ L 206, 22.07.1992, p.7, as last amended by Council Directive 2006/105/EC (OJ L 363, 20.12.2006, p.368).