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

“The competent authority3A.

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/EC5;

(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 methods6.”.

“PART 3AQuarantine

Interpretation of Part 3A21A.

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 animals7;

“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 species21B.

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 animals21C.

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.”.

“(7)

The reference in paragraph (2) to Part 1 of Annex 2 to Directive 2006/88/EC is to be read in accordance with paragraph 2 of schedule 1E of these Regulations.

(8)

The reference in paragraph (3) to Part 2 of Annex 2 to Directive 2006/88/EC is to be read in accordance with paragraph 3 of schedule 1E of these Regulations.”.

“PART 3AQuarantine

Interpretation of Part 3A21A.

(1)

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 animals11;

“constituent GB territory” means England, Wales or Scotland as the case may be;

“the EU Directive” means Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals12 as it has effect in European Union law, as amended from time to time.

(2)

References in this Part to a part of Scotland, or to a constituent GB territory or a zone or compartment thereof, being “declared free” of one or more diseases means declared free in accordance with Section 2 of Commission Decision 2009/177/EC.

Vector species21B.

(1)

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

(a)

originates from—

(i)

a constituent GB territory, or a zone or compartment thereof, declared free of that disease;

(ii)

Northern Ireland, or a zone or a compartment thereof, declared free of that disease in accordance with Article 49 or Article 50 of the EU Directive; or

(iii)

the Channel Islands, the Isle of Man or a third country, where the competent authority has consented to its introduction; or

(b)

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

(2)

For the purposes of paragraph (1)(a)(iii), consent may only be given if the competent authority is satisfied that the aquaculture animal concerned is free of the relevant disease.

(3)

In this regulation, an aquaculture animal is a vector for a disease if it is of a species appearing in Column 2 of the table in Annex 1 to Regulation (EC) No. 1251/2008 opposite the reference to the disease in Column 1, and it fulfils the conditions set out in Columns 3 and 4 of that table.

Wild aquatic animals21C.

(1)

Wild aquatic animals of species susceptible to one or more of the diseases listed in Annex 1A to Regulation (EC) No. 1251/2008 which are intended for release into a farm or mollusc farming area in a part of Scotland which has been declared free of any of those diseases must—

(a)

originate from—

(i)

a constituent GB territory, or a zone or compartment thereof, declared free of that disease;

(ii)

Northern Ireland, or a zone or a compartment thereof, declared free of that disease in accordance with Article 49 or Article 50 of the EU Directive; or

(iii)

the Channel Islands, the Isle of Man or a third country, where the competent authority has consented to its introduction; or

(b)

be, or have been, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC.

(2)

For the purposes of paragraph (1)(a)(iii), consent may only be given if the competent authority is satisfied that the aquaculture animal concerned is free of the relevant disease.”.

“(2)

An inspector entering any land or premises under paragraph (1) may be accompanied by such person, and may enter together with such equipment or vehicle, as the inspector considers necessary.”.

“SCHEDULE 1List of diseases and geographical demarcation of areas declared disease free

Regulation 3(3)

Disease	Susceptible species	Geographical demarcation of the area which is disease free
Infection with Gyrodactylus salaris	Atlantic salmon (Salmo salar), rainbow trout (Oncorhynchus mykiss), Arctic char (Salvelinus alpinus), North American brook trout (S. fontinalis), grayling (Thymallus thymallus), North American lake trout (Salvelinus namaycush), and brown trout (Salmo trutta). Other species of fish on sites where any of the above species are present shall also be considered as susceptible species	The whole territory of Scotland
Bacterial kidney disease	Fish belonging to the family Salmonidae
Spring viraemia of carp	Bighead carp (Aristichthys nobilis), goldfish (Carassius auratus), crucian carp (C. carassius), grass carp (Ctenopharyngodon idellus), common carp and koi carp (Cyprinus carpio), silver carp (Hypophthalmichthys molitrix), sheatfish (Silurus glanis) and tench (Tinca tinca)	The whole territory of Scotland
Ostreid herpesvirus l μvar (OsHV-1 μvar)	Pacific oyster (Crassostrea gigas)	The whole territory of Scotland”.

“SCHEDULE 1EModifications to Directive 2006/88/EC

Regulation 13(7) and (8), 18(7) and 24(4)

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.

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.”.

“(5)

An inspector entering any land or premises may be accompanied by such persons, vehicles, equipment or materials as the inspector considers necessary.”.

“30.

The competent authority may disclose information to—

(a)

the equivalent authority in England and Wales for the purposes of Council Regulation 708/2007, these Regulations, or legislation corresponding to these Regulations in England and Wales;

(b)

the equivalent authority in Northern Ireland, for the purposes of Council Regulation 708/2007 as it has effect by virtue of section 7A of the European Union (Withdrawal) Act 201814, these Regulations, or legislation corresponding to these Regulations in Northern Ireland.”.

“14.

In regulation 2(2) of the European Maritime and Fisheries Fund (Grants) (Scotland) Regulations 201516 for “as amended from time to time” substitute “as they or it had effect in EU law immediately before IP completion day”.”.