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

The Aquatic Animal Health (Scotland) Regulations 2009

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

(2) In regulation 3 (interpretation)—

(a) in paragraph (1)—

(i) before the definition of “the competent authority” insert—

““Commission Decision 2009/177/EC” means Commission Decision 2009/177/EC implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments(1);”,

(ii) after the definition of “the competent authority” insert—

““Decision 2015/1554” means 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(2);”,

(iii) in the definition of “listed disease”, for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation (EC) No. 1251/2008(3)”,

(b) in paragraph (3), for “(list of diseases)” substitute “(list of diseases and geographical demarcation of areas declared disease free)”.

(3) After regulation 13(6) (public record of aquaculture production businesses and processing establishments) insert—

“(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.”.

(4) In regulation 18 (additional certification provisions)—

(a) in paragraph (1)—

(i) for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation (EC) No. 1251/2008”,

(ii) for “that Directive” substitute “Directive 2006/88/EC”,

(b) in paragraph (4)(a)—

(i) for ““Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation (EC) No. 1251/2008”,

(ii) for “that Part”, in both places where it occurs, substitute “that Annex”,

(c) in paragraph (5)(b)(i)—

(i) for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation (EC) No. 1251/2008”,

(ii) for “that Part” substitute “that Annex”,

(d) after paragraph (6) insert—

“(7) The reference in paragraph (1) to Part A of Annex 3 to Directive 2006/88/EC is to be read in accordance with paragraph 4 of schedule 1E of these Regulations.”.

(5) For Part 3A substitute—

“PART 3A Quarantine

Interpretation of Part 3A

21A.— (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 animals(4);

“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 animals(5) 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 species

21B.— (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 animals

21C.— (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.”.

(6) In regulation 24 (initial designation)—

(a) in paragraph (2)(b), for the words from “authority” to the end, substitute “competent authority”,

(b) after paragraph (3) insert—

“(4) The reference in paragraph (2)(c) to Article 29 of Directive 2006/88/EC is to be read in accordance with paragraph 1 of schedule 1E of these Regulations.”.

(7) In regulation 35 (entry and inspection of land and premises) for paragraph (2) substitute—

“(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.”.

(8) In regulation 45(1) (public register of disease-free zones and compartments), for “Article 50 of Directive 2006/88/EC” substitute “Articles 2a and 2b of Commission Decision 2009/177/EC”.

(9) In regulation 46 (disclosure of information)—

(a) in paragraph (1), omit “or Directive 2006/88/EC”,

(b) in paragraph (2), omit “, or for the purposes of Directive 2006/88/EC”.

(10) For schedule 1 (list of diseases), substitute—

Regulation 3(3)

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

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”.

(11) After schedule 1D (farmed fish escapes – final notification), insert—

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

“SCHEDULE 1E Modifications to Directive 2006/88/EC

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.”.

(1)

EUDN 2009/177.

(2)

EUDN 2015/1554.

(3)

EUR 1251/2008.

(4)

EUDN 2008/946.

(5)

OJ L 328, 24.11.2006, p.14.