The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019
2019 No. 817
Exiting The European Union
Animals
Aquaculture
Plant Health, England And Wales
Plant Health, Northern Ireland
The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019
Made 4th April 2019
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 20181.
A draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament in accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018.
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2
Functions relating to aquatic animal health
Meaning of “the appropriate authority”
2.—(1) In this Part, “the appropriate authority” means—
(a)
(a) in the case of regulations applying in relation to England, the Secretary of State;
(b)
(b) in the case of regulations applying in relation to Wales, the Welsh Ministers;
(c)
(c) in the case of regulations applying in relation to Scotland, the Scottish Ministers;
(d)
(d) in the case of regulations applying in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs.
(2) But “the appropriate authority” is the Secretary of State if consent is given—
(a)
(a) in the case of regulations applying in relation to Wales, by the Welsh Ministers;
(b)
(b) in the case of regulations applying in relation to Scotland, by the Scottish Ministers;
(c)
(c) in the case of regulations applying in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs.
General interpretation
3. In this Part—
“ Commission Regulation (EC) No 1251/2008” means Commission Regulation (EC) No 1251/2008implementing Council Directive 2006/88/ECas 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 species2;
“the other responsible authorities” means—
(a) as regards Wales, the Welsh Ministers;
(b) as regards Scotland, the Scottish Ministers;
(c) as regards Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
“third country” means a country or territory outside the United Kingdom.
4. The following terms have the same meaning as they have in Council Directive 2006/88/ECon animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals3as it has effect in EU law immediately before exit day—
(a) “aquaculture”;
(b) “aquaculture animal”;
(c) “aquatic animal”;
(d) “farm”;
(e) “mollusc farming area”;
(f) “wild aquatic animal”.
5. Other terms used in this Part have the same meaning in this Part as they have in Commission Regulation (EC) No 1251/2008.
Power to amend Annex 1A to Commission Regulation (EC) No 1251/2008
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)
(a) the relevant criteria specified in paragraphs (3) and (4); and
(b)
(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)
(a) the disease is not established in the United Kingdom;
(b)
(b) its pathogen is not known to be present in the United Kingdom; and
(c)
(c) if introduced into the United Kingdom—
(i) the disease may have a significant adverse economic impact on aquaculture in the United Kingdom, 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)
(a) at least two regions which, either individually or taken together, cover territory that is located in more than one constituent UK territory, are free of the disease;
(b)
(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 the United Kingdom, to have a detrimental harmful impact on wild aquatic animal populations of species;
(c)
(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)
(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)
(e) there is a risk that the disease would establish itself in those regions if aquaculture animals were placed on the market; and
(f)
(f) reliable and simple tests are available to detect the presence of the disease in aquaculture animals susceptible to the disease.
(5) In this regulation, “Annex 1A” means Annex 1A to Commission Regulation (EC) No 1251/20084.
Power to amend Annex 3 to Commission Regulation (EC) No 1251/2008
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 the United Kingdom from the introduction of aquaculture animals or products reared or produced in a third country, taking into account—
(a)
(a) the legislation of the third country;
(b)
(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)
(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 the United Kingdom;
(d)
(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 the United Kingdom;
(e)
(e) the extent to which exports of live aquaculture animals from the third country have complied with aquatic animal health requirements in the United Kingdom;
(f)
(f) the results of any assessment made on behalf of the United Kingdom of the relevant competent authority or any report submitted to the United Kingdom by the relevant competent authority at the request of the United Kingdom on any inspections carried out;
(g)
(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 the United Kingdom;
(h)
(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)
(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 third country which is not listed in Annex 3 or which is only listed in Annex 3 as regards part of its territory, the assessment must demonstrate that the relevant competent authority of that country is able to provide appropriate guarantees regarding the compliance of aquaculture animals and products reared or produced in that country with relevant animal health requirements in the United Kingdom.
(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;
“relevant competent authority”, in...
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