The Aquatic Animal Health (Scotland) Regulations 2009

[F2 Regulations 3(4), 13(7) and (8), 18(7) and 24(4)]

[F1 SCHEDULE 1E Modifications to Directive 2006/88/EC

Textual Amendments

F1 Sch. 1E 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(11)

F2 Words in sch. 1E substituted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(4)(a)

Modifications to Article 29

1.   Article 29 is to be read as if—

(a) in the opening words of paragraph 1—

(i) the reference to “Member States” were a reference to “The competent authority”;

(ii) the reference to “Article 28(b)(iii)” were a reference to regulation 24(2)(c) of these Regulations;

(iii) the reference to “Article 28(a)” were a reference to regulation 24(2)(a) and (b) of these Regulations;

(b) in paragraph 1(a)—

(i) the reference to “Part II of Annex IV” were a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

(ii) the reference to “any Member State” were a reference to “Scotland”;

(c) in paragraph 1(b)—

(i) the reference to “Part II of Annex IV” were a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

(ii) the reference to “Member States, zones or compartments” were a reference to “Scotland or any zone or compartment within Scotland”; and

(iii) the reference to “Part A of Annex III” were a reference to that Part read in accordance with paragraph 4;

(d) in paragraph 2(b), the reference to “Article 26(1)” were a reference to regulation 23 of these Regulations;

(e) in paragraph 3—

(i) the reference to “the Member State” were a reference to “the competent authority”;

(ii) the references to “Article 28” were references to regulation 24 of these Regulations;

(f) paragraph 4 were omitted.

[F3 Modification to Article 33

1A.   Article 33 is to be read as if in paragraph 1 the reference to “the competent authority” were a reference to “the Scottish Ministers”.]

Textual Amendments

F3 Sch. 1E para. 1A inserted (2.2.2023) by The Agriculture (Retained EU Law and Data) (Scotland) Act 2020 (Consequential Modifications) and Agricultural Products, Aquatic Animal Health and Genetically Modified Organisms (EU Exit) (Amendment) Regulations 2022 (S.S.I. 2022/361), regs. 1, 16(4)(b)

Modifications to Part 1 of Annex 2

2.   Part 1 of Annex 2 is to be read as if—

(a) in paragraph 1—

(i) in the words before point (a), the reference to “Article 6” were a reference to regulation 13(1)(a) of these Regulations;

(ii) in point (f), the reference to “Part II of Annex IV” were a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

(iii) in point (g)—

(aa) the reference to “a Member State, zone or compartment” were a reference to “Scotland, or any zone or compartment within Scotland”;

(bb) the reference to “Annex IV” were a reference to “Annex 1A to Regulation (EC) No. 1251/2008”;

(b) in paragraph 2, the reference to “the second subparagraph of Article 4(1)” were a reference to regulation 5(2) of these Regulations.

Modifications to Part 2 of Annex 2

3.   Part 2 of Annex 2 is to be read as if, in the words before point (a), the reference to “Article 6” were a reference to regulation 13(1)(b) of these Regulations.

Modifications to Part A of Annex 3

4.   Part A of Annex 3 is to be read as if—

(a) in the heading, the words from “to” to “Article 12” were omitted;

(b) in the second column of the table—

(i) in the entry corresponding to Category 1, the words in brackets referred to “Article 2a or 2b of Commission Decision 2009/177/EC”;

(ii) in the entry corresponding to Category 2, the words in brackets referred to “Article 2A(1) of Decision 2015/1554”;

(iii) in the entry corresponding to Category 4, the words in brackets referred to “Article 2a(3) of Decision 2015/1554”;

(iv) in the entry corresponding to Category 5, the words in brackets referred to regulation 28 of these Regulations.]