The Aquatic Animal Health and Alien Species in Aquaculture (EU Exit) (Scotland) (Amendment) Regulations 2019

Regulation 2(9)

SCHEDULE

Regulation 24(4)

“SCHEDULE 1E Modifications to, and for the purposes of, Articles 29 and 57 of Directive 2006/88/EC

Part 1 Modifications to Articles 29 and 57

Modifications to Article 29

1.   Article 29 is to be read as if—

(a) in paragraph 1, the reference to “Member States” were to “The competent authority”,

(b) in paragraph 1(a)—

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

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

(c) in paragraph 1(b)—

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

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

(iii) the reference to “category I, as referred to in Part A of Annex III” were to a reference to “category I, as referred to in Part A of Annex III read in accordance with regulation 18(7) of the Aquatic Animal Health (Scotland) Regulations 2009”,

(d) in paragraph 3, the reference to “the Member State concerned” were to “the competent authority”, and

(e) paragraph 4 were omitted.

Modifications to Article 57

2.   Article 57 is to be read as if—

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

(b) the reference to “this Directive” were to “retained EU law relating to animal health requirements for aquaculture animals and products, and the prevention and control of diseases in aquatic animals”,

(c) the reference to “Part II of Annex IV” were to “Annex 1A of Regulation (EC) No. 1251/2008”, and

(d) the reference to “diagnostic methods to be established in accordance with the procedure referred to in Article 62(2)” were to “diagnostic methods established by Decision 2015/1554”.

Part 2 Modifications to other Provisions

Modifications to Article 26

3.   Article 26(1) is to be read as if—

(a) the reference to “Member States”, in both places where it appears, were to “The competent authority”, and

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

Modifications to Article 28

4.   Article 28 is to be read as if—

(a) the reference to “Member States”, in the first place where it appears, were to “The competent authority”,

(b) the reference to “Part II of Annex IV”, in both places where it appears, were to “Annex 1A of Regulation (EC) No. 1251/2008”,

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

(d) the reference to “Part A of Annex III” were a reference to “Part A of Annex III read in accordance with regulation 18(7) of the Aquatic Animal Health (Scotland) Regulations 2009.”.

Modifications to Part III of Annex VI

5.   Part III of Annex VI is to be read as if—

(a) the text before point 1(a), “of a Member State” were omitted,

(b) in point 1(a), the reference to “Annex IV” were to “Annex 1A of Regulation (EC) No. 1251/2008”, and

(c) in point 3, the reference to “Member States” were to “competent authority”.”