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Scottish Statutory Instrument 2001 No. 409
The Fish Health Amendment (Scotland) Regulations 2001
© Crown Copyright 2001
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SCOTTISH STATUTORY INSTRUMENTS
2001 No. 409
RIVER
SALMON AND FRESHWATER FISHERIES
SEA FISHERIES
SHELLFISH
The Fish Health Amendment (Scotland) Regulations 2001
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Made |
8th November 2001 |
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Laid before the Scottish Parliament |
8th November 2001 |
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Coming into force |
29th November 2001 |
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The Scottish Ministers, in exercise of the powers conferred by section
2(2) of the European Communities Act 1972[1] and of all
other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement and extent
1. - (1) These Regulations may be cited as
the Fish Health Amendment (Scotland) Regulations 2001 and come into force
on 29th November 2001.
(2) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations, "the principal Regulations"
means the Fish Health Regulations 1997[2].
Amendment of the principal Regulations
3. In regulation 2 (interpretation) of the principal
Regulations-
(a) for the definition of "the Minister" there is substituted-
" "the Minister" means the Scottish Ministers";
(b) after the definition of "premises" there is inserted-
" "Scotland" has the same meaning as in section 126(1) of the Scotland
Act 1998[3];".
4. For regulation 3(2)(a) (placing on the market of
aquaculture animals and aquaculture products) of the principal Regulations
there is substituted-
" (a) they must show no clinical signs of disease on the day of
loading;".
5. For regulation 11 (export to other parts of the European
Community of aquaculture animals and aquaculture products from Great Britain)
of the principal Regulations there is substituted-
" Export to other parts of the European Community of aquaculture
animals and aquaculture products from Scotland
11. - (1) No person shall export from Scotland
to another part of the European Community any aquaculture animal or aquaculture
product which does not meet, or is not dispatched in accordance with, the
relevant requirements.
(2) For the purposes of this regulation "relevant
requirements" means-
(3) This regulation does not apply to the movement
from Scotland to another part of Great Britain of any aquaculture animal
or aquaculture product.".
6. For regulation 12(3) (notification of disease) of
the principal Regulations there is substituted-
7. Regulation 13 (powers-diseases of fish) of the principal
Regulations is omitted.
8. In regulation 15 (powers of veterinary inspector)
of the principal Regulations-
(a) there is substituted for paragraph (1)-
" (1) A veterinary inspector shall have the powers
set out in this regulation.";
" (4A) Subject to paragraph (4B) below, a veterinary
inspector shall have power to undertake from time to time investigations
to establish the incidence in Scotland or any part of Scotland of any disease
listed in Schedule 1 or any agent associated with such disease and for
that purpose may undertake such inspections and take such samples as may
be necessary.
(4B) A veterinary inspector may undertake an investigation
mentioned in paragraph (4A) only with the consent of the Scottish Ministers
and subject to such directions (which may be general or specific) as they
may consider appropriate.".
9. For Schedules 2, 3 and 7 to the principal Regulations
there is substituted the Schedules set out in Schedules 1, 2 and 3 respectively
to these Regulations.
RHONA BRANKIN
Authorised to sign by the Scottish Ministers
St Andrew's House, Edinburgh
8th November 2001
Schedule 1
Regulation 9
Schedule 2
Regulation 9
Schedule 3
Regulation 9
" SCHEDULE 7
Regulation 2
MEANING OF "DIRECTIVE 91/67 EEC"
DECISIONS MADE UNDER COUNCIL DIRECTIVE 91/67/EEC
| Decision |
O.J. Reference |
| Commission Decision 92/528/EEC of 9th November 1992 approving the programmes
concerning bonamiosis and marteiliosis submitted by the United Kingdom |
O.J. No. L 332, 18.11.92, p.25 |
| Commission Decision 93/22/EEC of 11th December 1992 laying down the
model of the movement documents referred to in Article 14 of Council Directive
91/67/EEC. |
O.J. No. L 16, 25.1.93, p.8. |
| Commission Decision 93/39/EEC of 18th December 1992 concerning the
status of Guernsey with regard to infectious haematopoietic necrosis and
viral haemorrhagic septicaemia. |
O.J. No. L 16, 25.1.93, p.46. |
| Commission Decision 93/40/EEC of 18th December 1992 concerning the
status of the Isle of Man with regard to infectious haematopoietic necrosis
and viral haemorrhagic septicaemia. |
O.J. No. L 16, 25.1.93, p.47. |
| Commission Decision 93/44/EEC of 21st December 1992 approving the programmes
concerning spring viraemia of carp submitted by the United Kingdom, and
defining the additional guarantees for certain fish species for consignment
to Great Britain, Northern Ireland, the Isle of Man and Guernsey. |
O.J. No. L 16, 25.1.93, p.53. |
| Commission Decision 93/55/EEC of 21st December 1992 amending the guarantees
for the introduction of molluscs into zones for which a programme for Bonamia
ostreae and Marteilia refringens has been approved. |
O.J. No. L 14, 22.1.93, p.24. |
| Commission Decision 93/56/EEC of 21st December 1992 approving the programme
concerning bonamiosis and marteiliosis submitted by Ireland. |
O.J. No. L 14, 22.1.93, p.25. |
| Commission Decision 93/57/EEC of 21st December 1992 approving the programme
concerning bonamiosis and marteiliosis submitted by the United Kingdom
for Jersey. |
O.J. No. L 14, 22.1.93, p.26. |
| Commission Decision 93/58/EEC of 21st December 1992 approving the programme
concerning bonamiosis and marteiliosis submitted by the United Kingdom
for Guernsey. |
O.J. No. L 14, 22.1.93, p.27. |
| Commission Decision 93/59/EEC of 21st December 1992 approving the programme
concerning bonamiosis and marteiliosis submitted by the United Kingdom
for the Isle of Man. |
O.J. No. L 14, 22.1.93, p.28. |
| Commission Decision 93/73/EEC of 21st December 1992 concerning the
status of Ireland with regard to infectious haematopoietic necrosis and
viral haemorrhagic septicaemia. |
O.J. No. L 27, 4.2.93, p.34. |
| Commission Decision 93/74/EEC of 21st December 1992 concerning the
status of Denmark with regard to infectious haematopoietic necrosis and
viral haemorrhagic septicaemia. |
O.J. No. L 27, 4.2.93, p.35. |
| Commission Decision 93/169/EEC of 19th February 1993 amending Decision
93/55/EEC concerning the guarantees for certain molluscs. |
O.J. No. L 71, 24.3.93, p.16. |
| Commission Decision 94/306/EC of 16th May 1994 laying down the sampling
plans and diagnostic methods for the detection and confirmation of certain
mollusc diseases. |
O.J. No. L 133, 28.5.94, p.51. |
| Commission Decision 94/450/EC of 24th June 1994 amending Decision 93/74/EEC
concerning the status of Denmark with regard to infectious haematopoietic
necrosis and viral haemorrhagic septicaemia. |
O.J. No. L 187, 22.7.94, p.8. |
| Commission Decision 94/722/EC of 25th October 1994 approving the programme
concerning bonamiosis and marteiliosis submitted by France. |
O.J. No. L 228, 9.11.94, p.47. |
| Commission Decision 94/817/EC of 15th December 1994 amending Decision
92/538/EEC concerning the status of Great Britain and Northern Ireland
with regard to infectious haematopoietic necrosis and viral haemorrhagic
septicaemia. |
O.J. No. L 337, 24.12.94, p.88. |
| Commission Decision 94/862/EC of 20th December 1994 approving the programme
concerning infectious haematopoietic necrosis and viral haemorrhagic septicaemia
submitted by Spain for the region of Asturias. |
O.J. No. L 352, 31.12.94, p.72. |
| Commission Decision 94/863/EC of 20th December 1994 approving the programme
concerning infectious haematopoietic necrosis and viral haemorrhagic septicaemia
in certain geographical zones, submitted by France. |
O.J. No. L 352, 31.12.94, p.73. |
| Commission Decision 94/865/EC of 20th December 1994 amending Decision
93/44/EEC approving the programmes concerning spring viraemia of carp submitted
by the United Kingdom, and defining the additional guarantees of certain
fish species for consignment to Great Britain, Northern Ireland, the Isle
of Man and Guernsey. |
O.J. No. L 352, 31.12.94, p.75. |
| Commission Decision 95/124/EC of 3rd April 1995 establishing the list
of approved fish farms in Germany. |
O.J. No. L 84, 14.4.95, p.6. |
| Commission Decision 95/125/EC of 4th April 1995 on the status of France
as regards infectious haematopoietic necrosis and viral haemorrhagic septicaemia. |
O.J. No. L 84, 14.4.95, p.8. |
| Commission Decision 95/336/EC of 25th July 1995 establishing the list
of approved fish farms in Denmark and repealing Decision 94/864/EC. |
O.J. No. L 195, 18.8.95, p.26. |
| Commission Decision 95/352/EC of 25th July 1995 laying down the animal
health conditions and certification requirements for the importation from
third countries of Crassostrea gigas for relaying in Community Waters. |
O.J. No. L 204, 30.8.95, p.13. |
| Commission Decision 95/470/EC of 25th October 1995 establishing the
list of approved fish farms in Belgium. |
O.J. No. L 269, 11.11.95, p.28. |
| Commission Decision 95/473/EC of 27th October 1995 establishing the
list of approved fish farms in France. |
O.J. No. L 269, 11.11.95, p.31. |
| Commission Decision 95/479/EC of 7th November 1995 approving the programme
on infectious haematopoietic necrosis and viral haemorrhagic septicaemia
submitted by Finland. |
O.J. No. L 275, 18.11.95, p.23. |
| Commission Decision 95/481/EC of 8th November 1995 amending Decision
95/125/EC on the status of France as regards infectious haematopoietic
necrosis and viral haemorrhagic septicaemia. |
O.J. No. L 275, 18.11.95, p.26. |
| Commission Decision 96/94/EC of 12th January 1996 authorising Sweden
to maintain its national measures as regards infectious pancreatic necrosis
and bacterial kidney disease in application of Article 12(4) of Council
Directive 91/67/EEC. |
O.J. No. L 21, 27.1.96, p.73. |
| Commission Decision 96/22/EC of 8th March 1996 approving the programme
concerning viral haemorrhagic septicaemia for certain geographical zones
presented by Denmark. |
O.J. No. L 74, 22.3.96, p.42. |
| Commission Decision 96/218/EC of 8th March 1996 amending for the second
time Decision 93/74/EEC concerning the status of Denmark with regard to
infectious haematopoietic necrosis and viral haemorrhagic septicaemia. |
O.J. No. L 72, 21.3.96, p.39. |
| Commission Decision 96/233/EC of 14th March 1996 establishing the list
of approved fish farms in Denmark. |
O.J. No. L 77, 27.3.96, p.33. |
| Commission Decision 96/289/EC of 16th April 1996 amending Decision
95/473/EC establishing the list of approved fish farms in France. |
O.J. No. L 109, 3.5.96, p.23 |
| Commission Decision 97/227/EC of 3rd March 1997 amending Decision 95/473/EC
establishing the list of approved fish farms in France. |
O.J. No. L 91, 5.4.97, p.33. |
| Commission Decision 97/228/EC of 3rd March 1997 amending Decision 95/473/EC
establishing the list of approved fish farms in Germany. |
O.J. No. L 91, 5.4.97, p.35. |
| Commission Decision 97/234/EC of 3rd March 1997 amending Decision 96/233/EC
establishing the list of approved fish farms in Denmark. |
O.J. No. L 94, 9.4.97, p.15. |
| Commission Decision 97/804/EEC of 21st November 1997 amending Decision
93/73/EEC concerning the status of Ireland with regard to infectious haematopoietic
necrosis and viral haemorrhagic septicaemia. |
O.J. No. L 329, 9.11.97, p.70. |
| Commission Decision 98/357/EC of 18th May 1998 establishing a list
of approved fish farms in Italy. |
O.J. No. L 162, 5.6.98, p.42. |
| Commission Decision 98/359/EC of 15th May 1998 approving a programme
for infectious haematopoietic necrosis and viral haemorrhagic septicaemia
submitted by Italy for autonomous province of Trento. |
O.J. No. L 163, 6.6.98, p.43. |
| Commission Decision 98/361/EC of 18th May 1998 establishing the list
of approved zones with regard to infectious haematopoietic necrosis and
viral haemorrhagic septicaemia, in Spain. |
O.J. No. L 163, 6.6.98, p.46. |
| Commission Decision 98/395/EC of 29th May 1998 establishing the list
of approved zones, with regard to infectious haematopoietic necrosis and
viral haemorrhagic septicaemia, in Italy. |
O.J. No. L 176, 20.6.98, p.30. |
| Commission Decision 99/489/EC of 5th July 1999 amending for the third
time Decision 93/74/EEC concerning the status of Denmark with regard to
infectious haematopoietic necrosis and viral haemorrhagic septicaemia. |
O.J. No. L 190, 23.7.99, p.41. |
| Commission Decision 99/512/EC of 8th July 1999 amending Decision 96/233/EC
establishing the list of approved fish farms in Denmark. |
O.J. No. L 195, 28.7.99, p.37. |
| Commission Decision 99/513/EC of 9th July 1999 amending Decision 98/361/EC
establishing the list of approved zones, with regard to infectious haematopoietic
necrosis and viral haemorrhagic septicaemia in Spain. |
O.J. No. L 195, 28.7.99, p.39. |
| Commission Decision 99/521/EC amending Decision 95/124/EC establishing
the list of approved fish farms in Germany. |
O.J. No. L 199, 30.7.99, p.73. |
| Commission Decision 99/550/EC of 20th July 1999 amending Decision 95/125/EC
on the status of France as regards infectious haematopoietic necrosis and
viral haemorrhagic septicaemia. |
O.J. No L 209, 7.8.99, p.39. |
| Commission Decision 99/556/EC of 20th July 1999 amending Decision 95/473/EC
establishing the list of approved fish farms in France. |
O.J. No. L 211, 11.8.99, p.50. |
| Commission Decision 99/567/EC of 27th July 1999 laying down the model
of the health certificate referred to in Article 16(1) of Council Directive
91/67/EEC. |
O.J. L 216, 14.8.99, p.13. |
| Commission Decision 2000/171/EC of 16th February 2000 establishing
the list of approved fish farms in Austria. |
O.J. No. L 55, 29.2.2000, p.70. |
| Commission Decision 2000/172/EC of 16th February 2000 amending Decision
95/473/EC establishing the list of approved fish farms in France. |
O.J. No. L 55, 29.2.2000, p.71. |
| Commission Decision 2000/173/EC of 16th February 2000 amending Decision
95/124/EC establishing the list of approved fish farms in Germany. |
O.J. No. L 55, 29.2.2000, p.74. |
| Commission Decision 2000/174/EC of 16th February 2000 approving the
programme concerning infectious haematopoietic necrosis and viral haemorrhagic
septicaemia submitted by France for the farm "Sources de la Fabrique". |
O.J. No. L 55, 29.2.2000, p.77. |
| Commission Decision 2000/187/EC of 17th February 2000 amending Decision
98/361/EC establishing the list of approved zones, with regard to infectious
haematopoietic necrosis and viral haemorrhagic septicaemia in Spain. |
O.J. No. L 59, 4.3.2000, p.14. |
| Commission Decision 2000/188/EC of 17th February 2000 concerning the
status of Great Britain and Northern Ireland with regard to infectious
haematopoietic necrosis and viral haemorrhagic septicaemia and repealing
Decisions 92/538/EEC and 97/185/EC. |
O.J. No. L 59, 4.3.2000, p.17. |
| Commission Decision 2000/302/EC of 7th April 2000 amending Decision
95/124/EC establishing the list of approved fish farms in Germany. |
O.J. No. L 100, 20.4.2000, p.51. |
| Commission Decision 2000/310/EC of 7th April 2000 approving the programme
concerning infectious haematopoietic necrosis and viral haemorrhagic septicaemia
submitted by Italy for fish farms in the Udine province. |
O.J. No. L 104, 29.4.2000, p.76. |
| Commission Decision 2000/311/EC of 7th April 2000 amending Decision
98/361/EC establishing the list of approved zones, with regard to infectious
haematopoietic necrosis and viral haemorrhagic septicaemia in Spain. |
O.J. No. L 104, 29.4.2000, p.77. |
| Commission Decision 2000/312/EC of 7th April 2000 approving the programme
concerning infectious haematopoietic necrosis and viral haemorrhagic septicaemia
by Germany. |
O.J. No. L 104, 29.4.2000, p.80. |
| Commission Decision 2001/183/EC of 22nd February 2001 laying down the
sampling plans and diagnostic methods for the detection and confirmation
of certain fish diseases and repealing Decision 1992/532/EEC. |
O.J. No. L 067, 9.3.2001 p.65. |
DIRECTIVES AMENDING COUNCIL DIRECTIVE 91/67/EEC
| Directive |
O.J. Reference |
|
| Council Directive 93/54/EEC of 24th June 1993 amending Directive 91/67/EEC
concerning the animal health conditions governing the placing on the market
of aquaculture animals and products. |
O.J. No. L 175, 19.7.93, p.34. |
|
| Council Directive 95/22/EC of 22nd June 1995 amending Directive 91/67/EEC
concerning the animal health conditions governing the placing on the market
of aquaculture animals and products. |
O.J. No. L 243, 11.10.95, p.1. |
|
| Council Directive 97/79/EC of 18th December 1997 amending Directives
71/118/EEC, 72/462/EEC, 85/73/EEC, 91/67/EEC, 91/492/EEC, 91/493/EEC, 92/45/EEC
and 92/118/EEC as regards the organisation of veterinary checks on products
entering the Community from third countries. |
O.J. No. L 24, 30.1.98, p.31. |
|
| Council Directive 98/45/EC of 24th June 1998 amending Directive 91/67/EEC
concerning the animal health conditions governing the placing on the market
of aquaculture animals and products. |
O.J. No. L 189, 3.7.98, p.12. |
|
DECISIONS MADE UNDER COUNCIL DIRECTIVE 90/425 REGARDING
Gyrodactylus salaris
| Decision |
O.J. Reference |
| Commission Decision 96/490/EC of 18th July 1996 on certain protective
measures with regard to Gyrodactylus salaris in salmonids. |
O.J. No. L 202, 10.8.96, p.21. |
| Commission Decision 98/24/EC of 15th December 1997 amending Decision
96/490/EC on certain protective measures with regard to Gyrodactylus
salaris in salmonids. |
O.J. No. L 8, 14.1.98, p.26." |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Fish Health Regulations 1997 ("the principal
Regulations").
The Regulations form part of the law of Scotland only.
The Regulations-
(a) amend the definition of "the Minister" and insert a definition
of "Scotland" in the principal Regulations to take account of devolution
(regulation 3);
(b) make drafting changes to regulations 3 (placing on the market
of aquaculture animals and aquaculture products) and 11 (export to other
parts of the European Community of aquaculture animals and aquaculture
products from Great Britain) of the principal Regulations (regulations
4 and 5);
(c) make drafting changes to clarify the scope of the powers conferred
on a veterinary inspector by the principal Regulations and revoke the powers
in relation to diseased fish (regulation 6, 7 and 8);
(d) amend Schedules 2, 3 and 7 to reflect the restoration of the
Great Britain Approved Zone brought about by Commission Decision 2000/188/EC
of 17 February 2000 and amendments made to Directive 91/67/EEC and otherwise
to update the list of Commission Decisions to be read in connection with
that Directive (regulation 9 and Schedules 1, 2 and 3 to the Regulations).
Notes:
[1] 1972 c.68; section 2(2) was amended by the
Scotland Act 1998 (c.46) Schedule 8, paragraph 15(3). The function conferred
upon the Minister of the Crown under section 2(2) of the European Communities
Act 1972 insofar as within devolved competence, was transferred to the
Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back
[2] S.I. 1997/1881.back
[3] 1998 c.46. Scotland includes so much of the
internal waters and territorial sea of the United Kingdom as are adjacent
to Scotland as determined by the Scottish Adjacent Waters Boundaries Order
2001 (S.I. 1999/1126)back
[4] The common names of the fish referred to
in this Schedule are as follows: Name: Salmonid sp., Common Name: Salmonids,
Name: Thymallus thymallus, Common Name: Grayling, Name: Coregonus
sp., Common Name: Whitefishes, Name: Esox lucius, Common Name:
Pike, Name: Scophthalmus maximus, Common Name: Turbot, Name: Carassius
auratus, Common Name: Gold fish and all variants, Name: Carassius
carassius, Common Name: Crucian Carp, Name: Cyprinus carpio,
Common Name: Common carp and all variants such as mirror carp, leather
carp, koi carp and hygoi carp, Name: Ctenopharyngodon idella, Common
Name: Grass carp, Name: Hypophthalmichthys molitrix, Common Name:
Silver carp, Name: Hypophthalmichthys nobilis, Common Name: Bighead
carp, Name: Leuciscus idus, Common Name: Orfe, Name: Rutilus
rutilus, Common Name: Roach, Name: Scardinius erythrophthalmus,
Common Name: Rudd, Name: Siluris glanis, Common Name: Wels Catfish,
Name: Tinca tinca, Common Name: Tench.back
[5] The full names of the diseases in column
5 are set out in Schedule 1 except for-(i) GS which is Gyrodactylus salaris
an external parasite of salmonids which can cause the disease Gyrodactylosis;
and (ii) SVC which is Spring Viraemia of Carp.back
[6] The common names of the fish referred to
in this Schedule are as follows: Name: Salmonid sp., Common Name:
Salmonids, Name: Thymallus thymallus, Common Name: Grayling,
Name: Coregonus sp., Common Name: White fishes, Name: Esox lucius,
Common Name: Pike, Name: Scophthalmus maximu, Common Name: Turbot.back
[7] The full names of the diseases in column
4 are set out in Schedule 1.back
ISBN 0 11059899 7
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