The Aquaculture and Fisheries (EU Exit) (Scotland) (Amendment etc.) Regulations 2020

PART 2 Amendments not due to EU Exit

The Aquatic Animal Health (Scotland) Regulations 2009

2.—(1) The Aquatic Animal Health (Scotland) Regulations 2009(1) are amended as follows.

(2) In regulation 3(1) (interpretation)—

(a) for the definition of “the competent authority”, substitute—

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

(b) omit the definition of “Decision 946/2008/EC”.

(3) After regulation 3 insert—

“The competent authority

3A.   The Scottish Ministers are the competent authority for the purposes of—

(a) these Regulations;

(b) Regulation (EC) No. 1251/2008;

(c) Commission Decision 2008/896/EC on guidelines for the purpose of the risk-based animal health surveillance schemes provided for in Council Directive 2006/88/EC(2);

(d) 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(3).”.

(4) After Part 3 insert—

“PART 3A Quarantine

Interpretation of Part 3A

21A.   In this Part—

“Commission Decision 2008/946/EC” means Commission Decision 2008/946/EC implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals(4);

“declared disease-free” means declared disease free in accordance with Article 49 or 50 of Directive 2006/88/EC as the case may be.

Vector species

21B.   An aquaculture animal intended for farming or restocking may only be introduced into a part of Scotland which has been declared disease-free in respect of a disease for which that animal is a vector if it—

(a) originates from another Member State, zone or compartment declared disease-free in respect of that specific disease; or

(b) has been, or will be, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC.

Wild aquatic animals

21C.   Wild aquatic animals of species susceptible to one or more of the diseases listed in Part 2 of Annex 4 to Directive 2006/88/EC caught in a Member State, zone or compartment not declared disease-free must be placed in quarantine in accordance with the requirements of Commission Decision 2008/946/EC before release into a farm or mollusc farming area in any part of Scotland which has been declared disease-free.”.

(5) In the cross-headings of regulations 32 and 33, for “salaries” substitute “salaris”.

(1)

S.S.I. 2009/85, as amended by S.S.I. 2011/259, S.S.I. 2011/427 and S.S.I. 2019/412.

(2)

OJ L 322, 2.12.2008, p.30.

(3)

OJ L 247, 23.9.2015, p.1.

(4)

OJ L 337, 16.12.2008, p.94.