The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

PART 2 U.K. Functions relating to aquatic animal health

Meaning of “the appropriate authority” U.K.

2.—(1) In this Part, “ the appropriate authority” means—

(a) in the case of regulations applying in relation to England, the Secretary of State;

(b) in the case of regulations applying in relation to Wales, the Welsh Ministers;

(c) in the case of regulations applying in relation to Scotland, the Scottish Ministers;

F1 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) But “the appropriate authority” is the Secretary of State if consent is given—

(a) in the case of regulations applying in relation to Wales, by the Welsh Ministers;

(b) in the case of regulations applying in relation to Scotland, by the Scottish Ministers;

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2(1)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(2)(a)

F2 Reg. 2(2)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(2)(b)

Commencement Information

I1 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

General interpretation U.K.

3.  In this Part—

“Commission Regulation (EC) No 1251/2008” means Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species M1 ;

“the other responsible authorities” means—

(a)

as regards Wales, the Welsh Ministers;

(b)

as regards Scotland, the Scottish Ministers;

(c)

F3 ...

“third country” means a country or territory outside the [F4 British Islands].

Textual Amendments

F3 Words in reg. 3 omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(3)(a)

F4 Words in reg. 3 substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(3)(b)

Commencement Information

I2 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 Commission Regulation (EC) No 1251/2008 was amended by S.I. 2019/451.

4.  The following terms have the same meaning as they have in 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 M2 as it has effect in EU law immediately before [F5 IP completion day]—

(a) “aquaculture”;

(b) “aquaculture animal”;

(c) “aquatic animal”;

(d) “farm”;

(e) “mollusc farming area”;

(f) “wild aquatic animal”.

Textual Amendments

F5 Words in reg. 4 substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(4)

Commencement Information

I3 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 OJ No. L 328, 24.11.2006, p.14, as last amended by Commission Implementing Directive 2014/22/EU (OJ No. L 44, 14.2.2014, p.45).

5.  Other terms used in this Part have the same meaning in this Part as they have in Commission Regulation (EC) No 1251/2008.

Commencement Information

I4 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F6 Amendment of Commission Regulation (EC) No 1251/2008 U.K.

5A.   In Commission Regulation (EC) No 1251/2008, after Article 2, insert—

“Article 2a U.K. Interpretation: animal health certificates

In Articles 5 to 8a, 10 to 12, 14 and 16, “relevant model”, in relation to an animal health certificate, a joint public and animal health certificate or an addendum to an animal health certificate, means the model of that certificate or addendum, as published by the appropriate authority from time to time.”.]

Textual Amendments

F6 Reg. 5A inserted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(5)

Commencement Information

I5 Reg. 5A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Power to amend Annex 1A to Commission Regulation (EC) No 1251/2008 U.K.

6.—(1) The appropriate authority may by regulations amend Annex 1A to add, vary or remove an exotic or non-exotic disease where the amendment is necessary or appropriate in the light of—

(a) the relevant criteria specified in paragraphs (3) and (4); and

(b) any assessment carried out which is relevant to the determination of whether a disease is an exotic or non-exotic disease for the purposes of Annex 1A.

(2) Any assessment which is relied upon for the purposes of paragraph (1) must have been approved by the Secretary of State and the other responsible authorities.

(3) The criteria applicable in relation to an exotic disease are that—

(a) the disease is not established in [F7 Great Britain];

(b) its pathogen is not known to be present in [F8 Great Britain]; and

(c) if introduced into [F9 Great Britain]—

(i) the disease may have a significant adverse economic impact on aquaculture F10 ..., due to—

(aa) the likely production losses in the aquaculture sector as a result of the introduction; or

(bb) the likely loss of opportunities to export aquaculture animals or products to third countries as a result of the introduction; or

(ii) the disease may have a detrimental harmful impact on wild aquatic animal populations of species.

(4) The criteria in relation to a non-exotic disease are that—

(a) at least two regions which, either individually or taken together, cover territory that is located in more than one constituent [F11 GB] territory, are free of the disease;

(b) the disease—

(i) may have a significant adverse economic impact on aquaculture if introduced into those regions due to—

(aa) the production losses in the aquaculture sector as result of the introduction and the annual costs associated with the disease and its control, which are likely to exceed, in the case of each region, 5% of the value of the production of susceptible aquaculture animal species produced in the region; or

(bb) the loss of opportunities to export aquaculture animals or products to third countries as a result of the introduction; or

(ii) the disease has shown, where it occurs in [F12 Great Britain], to have a detrimental harmful impact on wild aquatic animal populations of species;

(c) the disease is difficult to control and contain at farm level or mollusc farming area level without stringent control measures and restrictions on trade;

(d) zones or compartments that are free from the disease can be established and maintained in those regions in a manner that is cost-effective;

(e) there is a risk that the disease would establish itself in those regions if aquaculture animals were placed on the market; and

(f) reliable and simple tests are available to detect the presence of the disease in aquaculture animals susceptible to the disease.

[F13 (5) In this regulation—

“Annex 1A” means Annex 1A to Commission Regulation (EC) No 1251/2008 M3 ;

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

Textual Amendments

F7 Words in reg. 6(3)(a) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(6)(a)(i)

F8 Words in reg. 6(3)(b) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(6)(a)(i)

F9 Words in reg. 6(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(6)(a)(ii)(aa)

F10 Words in reg. 6(3)(c)(i) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(6)(a)(ii)(bb)

F11 Word in reg. 6(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(6)(b)(i)

F12 Words in reg. 6(4)(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(6)(b)(ii)

F13 Reg. 6(5) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(6)(c)

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 Annex 1A was inserted by regulation 2(19) of S.I. 2019/451.

Power to amend Annex 3 to Commission Regulation (EC) No 1251/2008 U.K.

7.—(1) The appropriate authority may by regulations amend Annex 3 where the amendment is necessary or appropriate in the light of an assessment of the risks to the health of aquatic animals in [F14 Great Britain] from the introduction of aquaculture animals or products reared or produced in a third country, taking into account—

(a) the legislation of the third country;

(b) the way in which the relevant competent authority and its inspection services are organised, the powers of the inspection services, the supervision to which the inspection services are subject and the means at their disposal to apply the legislation effectively;

(c) the requirements in or under the legislation of the third country that are in force in relation to the production, manufacture, handling, storage and dispatch of live aquaculture animals intended for export to [F15 Great Britain];

(d) the assurances given by the relevant competent authority as to the compliance of the health requirements that apply in the third country with, or their equivalence to, the aquatic animal health requirements in [F16 Great Britain];

(e) the extent to which exports of live aquaculture animals from the third country have complied with aquatic animal health requirements in [F17 Great Britain];

(f) the results of any assessment [F18 made of the relevant competent authority on behalf of the appropriate authority] or any report submitted [F19 to the appropriate authority] by the relevant competent authority [F20 at the request of the appropriate authority] on any inspections carried out;

(g) the health status of farmed and wild aquatic animals in the third country, including any exotic animal diseases and any aspects of the animal health situation in that country in general which might pose a risk to aquatic animal health in [F21 Great Britain];

(h) the regularity, speed and accuracy with which the third country has supplied information on the existence of infectious or contagious aquatic animal diseases in its territory, and in particular, the notifiable diseases listed by the World Organisation for Animal Health; and

(i) the rules on the prevention and control of aquatic animal diseases, including on imports from other countries, which are in force in the third country and the way in which they have been implemented.

(2) Any assessment which is relied on or used for the purposes of paragraph (1) must be appropriate to the circumstances and must have been approved by the Secretary of State and the other responsible authorities.

(3) In the case of a [F22 country or territory] which is not listed in Annex 3 F23 ... the assessment must demonstrate that the relevant competent authority F24 ... is able to provide appropriate guarantees regarding the compliance of aquaculture animals and products reared or produced in that country [F25 or territory (as the case may be)] with relevant animal health requirements in [F26 Great Britain] .

(4) Regulations under paragraph (1) may, among other things, add, vary or remove an entry in Annex 3.

(5) In this regulation—

• “Annex 3” mean Annex 3 to Commission Regulation (EC) No 1251/2008;

• [F27 “relevant competent authority”, in relation to a country or territory, means the authority or authorities of that country or territory concerned with official responsibility for aquatic animal health.]

Textual Amendments

F14 Words in reg. 7(1) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(a)(i)

F15 Words in reg. 7(1)(c) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(a)(i)

F16 Words in reg. 7(1)(d) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(a)(i)

F17 Words in reg. 7(1)(e) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(a)(i)

F18 Words in reg. 7(1)(f) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(a)(ii)(aa)

F19 Words in reg. 7(1)(f) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(a)(ii)(bb)

F20 Words in reg. 7(1)(f) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(a)(ii)(cc)

F21 Words in reg. 7(1)(g) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(a)(i)

F22 Words in reg. 7(3) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(b)(i)

F23 Words in reg. 7(3) omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 9

F24 Words in reg. 7(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(b)(ii)

F25 Words in reg. 7(3) inserted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(b)(iii)

F26 Words in reg. 7(3) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(b)(iv)

F27 Words in reg. 7(5) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 5(7)(c)

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1