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Statutory Instruments

2009 No. 463

Animal Health, England And Wales

The Aquatic Animal Health (England and Wales) Regulations 2009

Made

3rd March 2009

Laid before Parliament

5th March 2009

Laid before the National Assembly for Wales

5th March 2009

Coming into force in accordance with regulation 1

The Secretary of State and the Welsh Ministers are each designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the common agricultural policy of the European Community.

These Regulations make provision for purposes mentioned in that section and it appears to the Secretary of State and the Welsh Ministers that it is expedient for any reference to the following Community instruments to be construed as a reference to those instruments as amended from time to time:

(a) Commission Decision 2004/453/EC M3 on implementing Council Directive 91/67/EEC as regards measures against certain diseases in aquaculture animals;

(b) Council Directive 2006/88/EC M4 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals; and

(c) Commission Regulation (EC) No.1251/2008 M5 on 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.

The Secretary of State in relation to England and the Welsh Ministers in relation to Wales make these Regulations under the powers conferred by section 2(2) of, as read with paragraph 1A M6 of Schedule 2 to, the European Communities Act 1972.

Marginal Citations

M1S.I. 1972/1811 and S.I. 2005/2766. By virtue of sections 59(1) and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c.32), functions conferred on the National Assembly for Wales by the designation in S.I. 2005/2766 are exercisable by the Welsh Ministers.

M3OJ No L 156, 30.4.2004, p5; corrected by OJ No L 202, 7.6.2004, p4 which substitutes new text for the whole of Commission Decision 2004/453/EC.

M4OJ No L 328, 24.11.2006, p14; corrected by OJ No L 140, 1.6.2007, p59, OJ No L 239, 12.9.2007, p70.

M5OJ No L 337, 16.12.2008, p41.

M6Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51).

PART 1E+WGeneral

Title and commencementE+W

1.—(1) These Regulations may be cited as the Aquatic Animal Health (England and Wales) Regulations 2009.

(2) These Regulations come into force—

(a)for the purposes of regulation 5(1), on 1st May 2009;

(b)for the purposes of regulation 12(1), on 1st August 2009;

(c)for all other purposes, on 27th March 2009.

Extent and applicationE+W

2.—(1) These Regulations extend to England and Wales.

(2) These Regulations do not apply to—

(a)any ornamental aquatic animal reared in a non-commercial aquarium;

(b)any aquatic animal caught for the purpose of production of fishmeal, fish feed, fish oil or any similar product;

(c)any wild aquatic animal harvested or caught for direct entry into the food chain other than one which is to be treated as an aquaculture animal under regulation 18(3).

InterpretationE+W

3.—(1) In these Regulations—

[F1“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;]

[F2“the competent authority” has the meaning given in regulation 3A;]

[F3“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;]

F4...

“Directive 2006/88/EC” 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;

“England” includes the sea adjacent to England to a distance of 12 nautical miles from the baselines from which the breadth of the territorial sea is measured;

“inspector” means any person authorised by the competent authority to be an inspector for the purposes of these Regulations;

“listed disease” means—

(a)

a disease listed in the second column of [F5Annex 1A to Regulation (EC) No 1251/2008]; or

(b)

a disease listed in F6...Schedule 1 to these Regulations;

“non-commercial installation” means any aquaculture production business in which aquatic animals are kept with no intention of placing them on the market;

“operator”, in relation to an aquaculture production business, a specialist transport business, processing establishment, non-commercial installation or put and take fishery, means any person who is responsible for the management of that business, establishment, installation or fishery;

“processing establishment” means any food business which is approved for processing aquaculture animals for food purposes in accordance with Article 4 of Regulation (EC) No. 853/2004 M7 laying down specific hygiene rules for food of animal origin, and which processes aquaculture animals under Part 4 of these Regulations or any provision in any Regulations made in relation to Scotland or Northern Ireland which has equivalent effect to that Part;

“Regulation (EC) No.1251/2008” means Commission Regulation (EC) No.1251/2008 on implementing 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;

“specialist transport business” means a business or undertaking which wholly or mainly transports live aquaculture animals in a mode of transport specially designed or adapted for that purpose; and

“Wales” has the meaning given in section 158 of the Government of Wales Act 2006.

(2) Any expression used in these Regulations which is also used in Directive 2006/88/EC (except for the definitions of “operator” and “processing establishment” in paragraph (1) and “wild aquatic animal” in regulation 18(5)) has the meaning it bears in that Directive.

(3) References to F7...F8... and Regulation (EC) No.1251/2008 are references to [F9that instrument] as amended from time to time.

(4) Schedule 1 (list of diseases) has effect.

Textual Amendments

Marginal Citations

M7OJ No L 139, 30.4.2004, p55.

[F10The competent authorityE+W

3A.  The Secretary of State is, in relation to England, and the Welsh Ministers are, in relation to Wales, 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/EC;

(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 methods.]

Textual Amendments

[F11List of susceptible species and geographic areas declared disease-freeE+W

3B.—(1) The appropriate authority may from time to time specify in a document a list of species susceptible to any diseases listed in Schedule 1 together with the geographic areas declared free from any such disease.

(2) “The appropriate authority” for the purposes of paragraph (1) means—

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

(b)in relation to Wales, the Welsh Ministers,

but the appropriate authority is the Secretary of State if consent is given by the Welsh Ministers in respect of the exercise of the function conferred by paragraph (1) in relation to Wales.]

Textual Amendments

PART 2E+WAuthorisation and registration requirements

Application of Part 2E+W

4.  This Part does not apply where any ornamental aquatic animal is kept in any pet shop, garden centre, garden pond, commercial aquarium or with any wholesaler—

(a)without any direct contact with natural waters; or

(b)that is equipped with an effluent treatment system reducing the risk of transmitting diseases to such waters to an acceptable level;

unless the animal is kept by a person who has introduced it into England or Wales.

AuthorisationE+W

5.—(1) Subject to regulation 14, it is an offence to operate an aquaculture production business or a processing establishment unless the business or establishment is authorised by the competent authority.

(2) The competent authority may grant an authorisation in relation to two or more aquaculture production businesses which are situated in one mollusc farming area, provided the businesses relate exclusively to molluscs.

(3) But a dispatch centre, purification centre or similar business in a mollusc farming area must be separately authorised.

(4) The requirement for a non-commercial installation or put and take fishery to be authorised under paragraph (1) only applies where the competent authority—

(a)considers that authorisation is necessary to prevent or limit the spread of disease; and

(b)serves the operator with a written notice to that effect.

(5) Where the operator is served with a notice under paragraph (4)(b), the operator must apply for authorisation under regulation 8(1) within 28 days of the service.

(6) Where the operator so applies, the operator is to be treated as having, as from the date of the application, an interim authorisation to carry on the activity to which the application relates until the interim authorisation lapses on the earliest of the dates mentioned in regulation 14(3).

Authorisation conditions for aquaculture production businessesE+W

6.—(1) The competent authority may grant an authorisation to an aquaculture production business, subject to such conditions as it considers appropriate, where it is satisfied that the operation of the business will not lead to an unacceptable risk of spreading disease.

(2) It is a condition of an authorisation that the aquaculture production business must—

(a)keep a record, in such form and manner as the competent authority may specify, of—

(i)the movement of any aquaculture animal or any aquaculture animal product into or out of the premises of the business;

(ii)the number of any aquaculture animals that have died in each epidemiological unit within the premises;

(iii)the results of any surveillance carried out by the business; and

(iv)the results of any surveillance carried out by the competent authority which have been notified to the business;

(b)follow good hygiene practice; and

(c)comply with any surveillance requirement imposed by the authority.

Authorisation conditions for processing establishmentsE+W

7.—(1) The competent authority may grant an authorisation to a processing establishment, subject to such conditions as it considers appropriate, where it is satisfied that the operation of the establishment will not lead to an unacceptable risk of spreading disease.

(2) It is a condition of an authorisation that the processing establishment must—

(a)keep a record, in such form and manner as the competent authority may specify, of the movement of any aquaculture animal or any aquaculture animal product into or out of the premises of the establishment; and

(b)follow good hygiene practice.

Application for an authorisationE+W

8.—(1) An application for an authorisation must be in such form and contain such information as the competent authority may reasonably require.

(2) The competent authority must serve an applicant with a written notice of the result of the application within 90 days of receiving it.

(3) Where the competent authority grants an authorisation, it must notify the applicant of the following—

(a)the duration of the authorisation;

(b)any condition to which it is subject; and

(c)an authorisation number.

(4) Where the competent authority refuses to grant an authorisation, or grants an authorisation subject to any condition, it must—

(a)give reasons for the refusal or the imposition of the condition; and

(b)inform the applicant of the right of appeal under regulation 37.

(5) It is an offence for a person to make a statement in an application that is false and which that person knows or suspects is false.

Amendment of an authorisationE+W

9.—(1) The competent authority may amend an authorisation, including any condition to which it is subject.

(2) The amendment may be made—

(a)on the initiative of the competent authority; or

(b)on application by an operator.

(3) An application under paragraph (2)(b) must be in such form and contain such information as the competent authority may reasonably require.

(4) The competent authority must serve a written notice on the operator which—

(a)specifies the amendment or any decision not to make the amendment;

(b)gives the reason for the amendment or any decision not to make it; and

(c)informs the applicant of the right of appeal under regulation 37.

Suspension of an authorisationE+W

10.—(1) The competent authority may suspend an authorisation by serving an operator with a written notice where it considers that an aquaculture production business, processing establishment, non-commercial installation or put and take fishery authorised under this Part has not complied with, is not complying with, or is not likely to comply with, a condition of its authorisation or a requirement in these Regulations.

(2) The notice must—

(a)give the date on which the suspension is to take effect and its duration;

(b)give the reason for the suspension; and

(c)inform the operator of the right of appeal under regulation 37.

Revocation of an authorisationE+W

11.—(1) The competent authority may revoke an authorisation by serving an operator with a written notice where it considers that an aquaculture production business, processing establishment, non-commercial installation or put and take fishery authorised under this Part has not complied with, is not complying with, or is not likely to comply with, a condition of its authorisation or a requirement in these Regulations.

(2) The notice must—

(a)give the date on which the revocation is to take effect;

(b)give the reason for the revocation; and

(c)inform the operator of the right of appeal under regulation 37.

RegistrationE+W

12.—(1) It is an offence to operate a non-commercial installation, put and take fishery or specialist transport business unless it is registered by the competent authority.

(2) An application for registration must be in such form and contain such information as the competent authority may reasonably require.

(3) On receipt of the information, the competent authority must—

(a)undertake the registration; and

(b)serve the operator with a written notice of a registration number.

(4) An operator must notify the competent authority in writing of any change in the information provided under paragraph (2) within 90 days of the change.

(5) It is an offence to fail to comply with paragraph (4).

(6) It is an offence for a person to provide information to the competent authority that is false and which that person knows or suspects is false.

(7) This regulation does not apply where a non-commercial installation or put and take fishery is required to be authorised by virtue of regulation 5(1) and (4).

Public record of aquaculture production businesses and processing establishmentsE+W

13.—(1) The competent authority must establish and maintain a record of—

(a)any aquaculture production business authorised under regulation 6; and

(b)any processing establishment authorised under regulation 7.

(2) The record must contain the information set out in Part I of Annex II to Directive 2006/88/EC for a business authorised under regulation 6.

(3) The record must contain the information set out in Part II of that Annex for an establishment authorised under regulation 7.

(4) The record must be publicly available for inspection free of charge at all reasonable times and at such place as determined by the competent authority.

(5) The competent authority must make arrangements for the provision of a copy of an entry in the record on request.

(6) Those arrangements may include payment of a reasonable fee by the person making the request.

[F12(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 1A to 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 1A to these Regulations.]

Textual Amendments

Transitional provisionE+W

14.—(1) This regulation applies where—

(a)a person operates an aquaculture production business or a processing establishment on 27th March 2009; and

(b)makes an application for an authorisation under regulation 8 which has not been finally decided before 1st May 2009.

(2) The operator is to be treated as having, as from 1st May 2009, an interim authorisation to carry on the activity to which the application relates until the interim authorisation lapses in accordance with paragraph (3).

(3) It lapses on the earliest of the following dates—

(a)when the application is withdrawn;

(b)when the competent authority grants an authorisation under regulation 6 or 7;

(c)where the competent authority refuses to grant an authorisation under regulation 6 or 7 and the applicant does not appeal, on the date on which the right of appeal lapses under regulation 37;

(d)where the competent authority refuses to grant an authorisation under regulation 6 or 7 and the applicant does appeal, on the date on which the appeal is finally decided.

PART 3E+WPlacing on the market

Application of Part 3E+W

15.—(1) This Part does not apply to any person who—

(a)places on the market any aquaculture animal or any aquaculture animal product for scientific purposes; and

(b)has obtained the prior written consent of the competent authority.

(2) The competent authority may grant consent for the purposes of paragraph (1)(b) subject to such conditions as it considers appropriate, having regard to the risk of the spread of disease.

General health requirementsE+W

16.—(1) It is an offence to place on the market any aquaculture animal for farming or to release any such animal into the wild or into a put and take fishery, unless the animal—

(a)is clinically healthy; and

(b)comes from a farm or mollusc farming area where there is no unexplained increased mortality.

(2) Paragraph (1)(b) does not apply where—

(a)the animal comes from a part of the farm or mollusc farming area independent of the epidemiological unit in which the increased mortality has occurred; and

(b)the placing on the market of the animal has the prior written consent of the competent authority.

(3) It is an offence to release any ornamental aquatic animal kept in a closed ornamental facility into an open ornamental facility, farm, mollusc farming area, relaying area, put and take fishery or into the wild, without the prior written consent of the competent authority.

(4) It is an offence to contravene any of the following provisions of Regulation (EC) No.1251/2008—

(a)Article 9 (introduction of aquaculture animals after inspection);

(b)Article 15(1), (2) or (3) (requirements for the release of aquaculture animals or aquaculture animal products and for transport water).

(5) In paragraph (3) “closed ornamental facility” and “open ornamental facility” have the same meaning as in Article 2(a) and (b) of Regulation (EC) No.1251/2008.

Certification requirementsE+W

17.—(1) It is an offence to introduce any aquaculture animal or any aquaculture animal product into England or Wales where the animal or product is required to be accompanied by an animal health certificate under F13... Chapter III or IV of Regulation (EC) No.1251/2008 unless it is accompanied by such a certificate completed in accordance with the relevant model specified in that Article or Chapter.

(2) A person is guilty of an offence if, for the purpose of procuring the issue of an animal health certificate under F13... Chapter III of Regulation (EC) No.1251/2008, that person—

(a)makes a statement that is false and which that person knows or suspects is false; or

(b)intentionally fails to disclose any material particular.

(3) In paragraph (1) the reference to the introduction of any aquaculture animal or any aquaculture animal product into England or Wales includes the introduction of any such animal or product into any zone or compartment within England or Wales from any other zone or compartment within England or Wales.

Textual Amendments

Additional certification provisionsE+W

18.—(1) Where any aquaculture animal, which is susceptible to a disease listed in the second column of [F14Annex 1A to Regulation (EC) No 1251/2008] or is a vector for that disease, is introduced into England or Wales with the intention of being released into the wild or into a put and take fishery, the place of introduction is, for the purpose of regulation 17(1), to be treated as though it has, in relation to that disease, a Category I disease-free health status under Part A of Annex III to [F15Directive 2006/88/EC] .

(2) Where any wild aquatic animal, which is susceptible to a listed disease or is a vector for that disease, is introduced into England or Wales with the intention of being released into the wild or into a put and take fishery, the animal is, for the purposes of regulations 17(1) and 18(1), to be treated as though it is an aquaculture animal introduced with the intention of being released into the wild or into a put and take fishery.

(3) Where any wild aquatic animal, which is susceptible to a listed disease or is a vector for that disease, is introduced into England or Wales for further processing before human consumption, the animal is, for the purpose of regulation 17(1), to be treated as though it is an aquaculture animal introduced for further processing before human consumption.

(4) In paragraph (1)—

[F16(a)an animal is susceptible to a disease listed in the second column of Annex 1A to Regulation (EC) No 1251/2008 if it is of a species listed as susceptible to that disease in a document published under Article 3a(1) of Regulation (EC) No 1251/2008;

(b)an animal is a vector for a disease listed in the second column of Annex 1A to Regulation (EC) No 1251/2008 if it is of a species listed as a vector for that disease in a document published under Article 3(1) of Regulation No 1251/2008 and it fulfils the conditions set out in that document.]

(5) In paragraphs (2) and (3)—

(a)“wild aquatic animal” means any live aquatic animal which can survive in the natural aquatic environment in England or Wales and is not an aquaculture animal;

[F17(b)an animal is of a species susceptible to a listed disease if the species is listed as susceptible to that disease—

(i)in a document published under Article 3a(1) of Regulation (EC) No 1251/2008; or

(ii)in a document published under regulation 3B(1) .]

[F18(c)an animal is a vector for a listed disease if it is of a species listed as a vector for that disease in a document published under Article 3(1) of Regulation (EC) No 1251/2008 and fulfils the conditions set out in that document.]

(6) In paragraphs (1) to (3) any reference to the introduction of any animal into England or Wales includes the introduction of the animal into any zone or compartment within England or Wales from any other zone or compartment within England or Wales.

[F19(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 1A to these Regulations.]

Textual Amendments

Disease prevention requirements in respect of transportE+W

19.—(1) It is an offence to transport any aquaculture animal unless the requirements in paragraph (2) are met.

(2) The requirements are—

(a)the duration of the transport must be as short as reasonably possible;

(b)the means of transport must be cleaned and disinfected before dispatch;

(c)if the animal is transported overland in water—

(i)it must be transported in such a way that the water cannot escape from the means of transport; and

(ii)any water exchange is carried out only at a water station which the competent authority has approved; and

(d)the conditions of transport must minimise the risk of spreading disease to—

(i)the animal being transported;

(ii)any aquatic animal at any place of transit;

(iii)any aquatic animal at the place of destination.

(3) Where a person imports from a third country any aquaculture animal which is intended for quarantine the animal must be transported directly from the border [F20control] post to a quarantine facility.

(4) In paragraph (3)—

[F21(a)“border control post” has the meaning given by Article 3(38) of the Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;]

(b)“quarantine facility” has the meaning given in Article 2(1) of Commission Decision 2008/946/EC M8 on implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals.

(5) It is an offence not to comply with paragraph (3).

Textual Amendments

Marginal Citations

M8OJ No L 337, 16.12.2008, p94.

Recording of information in respect of transportE+W

20.—(1) It is an offence for a person who transports any aquaculture animal to fail to keep a record of the information referred to in paragraph (2) for a period of two years beginning with the date on which the aquaculture animal reaches its place of destination.

(2) The information is—

(a)the number of any animals that die in the course of transport;

(b)all facilities operating under an authorisation or registration granted under Part 2 which are visited in the course of the transport;

(c)any water exchange in the course of the transport;

(d)the source of any water introduced into the means of transport; and

(e)the location at which any water from the means of transport is discharged.

(3) The competent authority must specify the form and manner in which the information referred to in paragraph (2) must be recorded.

(4) It is a defence for a person charged with an offence in relation to paragraph (2)(a) to show that it was not practicable to keep such a record.

Exemption for transport in small containersE+W

21.  Regulations 19(1) and (2) and 20 do not apply where the transport is by means of a container which—

(a)is watertight and airtight;

(b)is no larger than one cubic metre; and

(c)is accompanied by a label or document which lists its contents, place of origin, any place of transit and its place of destination.

[F22[F23PART 3AE+WQuarantine

Textual Amendments

Interpretation of Part 3AE+W

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;

“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 as it has effect in European Union law, as amended from time to time.

(2) References in this Part to a part of England or Wales and 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 speciesE+W

21B.—(1) An aquaculture animal intended for farming or restocking may only be introduced into a part of England or Wales 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 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 appropriate 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 [F24is of a species listed as a vector for that disease in a document published under Article 3(1) of Regulation (EC) No 1251/2008 and fulfils the conditions set out in that document.]

Textual Amendments

Wild aquatic animalsE+W

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 England or Wales 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 50 of the EU Directive; or

(iii)the Channel Islands, the Isle of Man or a third country, where the appropriate 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 appropriate authority is satisfied that the aquaculture animal concerned is free of the relevant disease.

[F25(3) In this regulation, an animal is susceptible to a disease listed in Annex 1A to Regulation 1251/2008 if it is of a species listed as susceptible to that disease in a document published under Article 3a(1) of Regulation (EC) No 1251/2008.]]]

Textual Amendments

PART 4E+WNotification and control of disease outbreaks

Interpretation of Part 4E+W

22.  In this Part—

“confirmed designation” means a designation made by the competent authority under regulation 28;

“confirmed designation area” means the area in respect of which a confirmed designation has been made;

“initial designation” means a designation made by the competent authority under regulation 24;

“initial designation area” means the area in respect of which an initial designation has been made.

Obligation to notify in case of suspicion of a listed disease or increased mortalityE+W

23.—(1) A relevant person is guilty of an offence if that person—

(a)knows or suspects that a listed disease is present in aquatic animals; and

(b)fails immediately to notify the competent authority of the information or other matter on which that knowledge or suspicion is based.

(2) A relevant person is guilty of an offence if that person—

(a)knows or suspects that increased mortality has occurred or is occurring in aquaculture animals; and

(b)fails immediately to notify the competent authority or a veterinarian of the information or other matter on which that knowledge or suspicion is based.

(3) In this regulation “a relevant person” means—

(a)the owner of, or any person attending, aquatic animals;

(b)any person accompanying aquaculture animals during transport;

(c)any veterinarian, or other professional, involved in aquatic animal health services; or

(d)any other person with an occupational relationship to aquatic animals of susceptible species or to products of such animals.

Initial designationE+W

24.—(1) Where the competent authority suspects that a listed disease or an emerging disease is present, or may become present, in aquatic animals in England or Wales, it must designate such area as it considers appropriate to prevent or limit the spread of that disease.

(2) Where the competent authority has made an initial designation, it must—

(a)take samples of any water or aquatic animals which it suspects are infected;

(b)examine the samples in a laboratory designated by the [F26competent authority]; and

(c)undertake an epizootic investigation in accordance with Article 29 of [F27Directive 2006/88/EC].

(3) A person commits an offence if, without the prior written consent of the competent authority, that person—

(a)moves any aquatic animal into, out of or within an initial designation area; or

(b)disposes of any dead aquatic animal which comes from that area.

[F28(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 1A to these Regulations.]

Textual Amendments

Contents and publication of an initial designationE+W

25.—(1) An initial designation must—

(a)be in the form of a written notice;

(b)describe the initial designation area;

(c)describe the circumstances in which a person commits an offence under regulation 24(3);

(d)specify any consent given by the competent authority under regulation 24(3).

(2) An initial designation may specify that—

(a)any equipment, material or substance liable to transmit disease must not be moved into, out of or within the initial designation area or any part of that area;

(b)any means of transport liable to transmit disease must not be moved into, out of or within that area or any part of that area.

(3) The competent authority must serve a copy of an initial designation on any person it considers likely to be materially affected by the making of the designation.

[F29(3A) An initial designation may be amended, suspended or withdrawn by further notice.]

(4) It is an offence not to comply with any restriction imposed under paragraph (2).

Textual Amendments

Actions by an inspector in respect of an initial designationE+W

26.—(1) This regulation applies where the competent authority has made an initial designation.

(2) An inspector may—

(a)take samples of any aquatic animal or water in the initial designation area;

(b)slaughter, destroy or dispose of any such animal.

(3) An inspector may by written notice direct any person to—

(a)take steps to secure the slaughter, destruction or disposal of any aquatic animal in the initial designation area;

(b)operate a disinfection facility at the entrance to, and exit from, any farm or mollusc farming area in that area;

(c)disinfect any means of transport in that area;

(d)take any other steps which the inspector considers necessary to eradicate the disease or to prevent or limit the spread of the disease to other aquatic animals.

(4) An inspector may by written notice prohibit any person from entering any farm or mollusc farming area within the initial designation area.

(5) Where an inspector considers that a requirement under paragraph (3) has not been complied with, the inspector may—

(a)enter any place within the initial designation area;

(b)take or cause to be taken such steps as the inspector considers necessary to—

(i)ensure compliance with the requirement; or

(ii)remedy the consequences of the failure to carry it out;

(c)recover any expenses reasonably incurred in so doing from any person who has failed to comply with the requirement.

(6) It is an offence not to comply with a requirement imposed under paragraph (3) or (4).

Withdrawal of initial designationE+W

27.  The competent authority must withdraw an initial designation when—

(a)it is satisfied that the suspected disease is not present, or is not likely to become present, in the initial designation area; or

(b)it has designated the area under regulation 28.

Confirmed designationE+W

28.—(1) Where the competent authority has confirmed that a listed disease or an emerging disease is present in aquatic animals in England or Wales, it must designate such area as it considers appropriate to prevent or limit the spread of that disease.

(2) A person commits an offence if, without the prior written consent of the competent authority, that person—

(a)moves any aquatic animal into, out of or within a confirmed designation area; or

(b)disposes of any dead aquatic animal which comes from that area.

Contents and publication of a confirmed designationE+W

29.—(1) A confirmed designation must—

(a)be in the form of a written notice;

(b)describe the confirmed designation area;

(c)describe the circumstances in which a person commits an offence under regulation 28(2);

(d)specify any consent given by the competent authority under regulation 28(2).

(2) A confirmed designation may specify that—

(a)any equipment, material or substance liable to transmit disease must not be moved into, out of or within the confirmed designation area or any part of that area;

(b)any means of transport liable to transmit disease must not be moved into, out of or within that area or any part of that area.

(3) The competent authority must—

(a)publish a confirmed designation in such manner as it considers appropriate;

(b)serve a copy of a confirmed designation on any person it considers likely to be materially affected by the making of the designation.

[F30(3A) A confirmed designation may be amended, suspended or withdrawn by further notice.]

(4) It is an offence not to comply with any restriction imposed under paragraph (2).

Textual Amendments

Actions by an inspector in respect of a confirmed designationE+W

30.—(1) This regulation applies where the competent authority has made a confirmed designation.

(2) An inspector may—

(a)take samples of any aquatic animal or water in the confirmed designation area;

(b)slaughter, destroy or dispose of any such animal.

(3) An inspector may by written notice direct any person to—

(a)take steps to secure the slaughter, destruction or disposal of any aquatic animal in the confirmed designation area;

(b)operate a disinfection facility at the entrance to, and exit from, any farm or mollusc farming area in that area;

(c)disinfect any means of transport in that area;

(d)take any other steps which the inspector considers necessary to eradicate the disease or to prevent or limit the spread of the disease to other aquatic animals.

(4) An inspector may by written notice prohibit any person from entering any farm or mollusc farming area within the confirmed designation area.

(5) Where an inspector considers that a requirement under paragraph (3) has not been complied with, the inspector may—

(a)enter any place within the confirmed designation area;

(b)take or cause to be taken such steps as the inspector considers necessary to—

(i)ensure compliance with the requirement; or

(ii)remedy the consequences of the failure to carry it out;

(c)recover any expenses reasonably incurred in so doing from any person who has failed to comply with the requirement.

(6) It is an offence not to comply with a requirement imposed under paragraph (3) or (4).

Withdrawal of confirmed designationE+W

31.  The competent authority must withdraw a confirmed designation when it is satisfied that the listed disease or the emerging disease is not present in the confirmed designation area.

PART 5E+WEnforcement, appeals and penalties

Entry and inspection of land and premisesE+W

32.—(1) An inspector may, on producing a duly authenticated document showing the inspector's authority if required, enter and inspect any land or premises at any reasonable time for the purposes of administering and enforcing these Regulations.

[F31(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.]

(3) An inspector may not enter any premises which are a dwelling unless a justice of the peace has issued a warrant authorising the inspector to do so.

(4) A justice of the peace may only issue such a warrant if satisfied that there is good reason to believe that the inspector will not be able to administer or enforce these Regulations without the warrant.

(5) A warrant issued under paragraph (3) remains in force—

(a)for one month; or

(b)until the purpose for which it is issued has been fulfilled,

whichever is the sooner.

Textual Amendments

Search and examination of items on land and premisesE+W

33.  Where an inspector exercises the power conferred by regulation 32 the inspector may—

(a)search the land or premises for any item, including any aquatic animal or water;

(b)examine anything that is—

(i)on the land or premises;

(ii)attached to or otherwise forms part of the land or premises.

Production of documentsE+W

34.  For the purposes of administering or enforcing these Regulations, an inspector may require any person—

(a)to produce any document or record that is in that person's possession or control;

(b)to render any such document or record on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away.

Seizure of itemsE+W

35.—(1) This regulation applies where an inspector exercises the powers conferred by regulation 33 or 34.

(2) An inspector may—

(a)seize, detain or remove any item that is on the land or premises;

(b)take copies of or extracts from any document or record found on the land or premises.

(3) The power conferred in paragraph (2)(a) is to be construed as including power to take samples of any aquatic animal or water.

(4) An inspector to whom any document or record has been produced, in accordance with a requirement imposed under regulation 34, may—

(a)seize, detain or remove that document or record;

(b)take copies of or extracts from that document or record.

(5) If, in the opinion of the inspector, it is not for the time being practicable for the inspector to seize and remove any item, the inspector may require any person on the land or premises to secure that the item is not removed or otherwise interfered with until such time as the inspector may seize and remove it.

(6) The powers conferred by this regulation may only be exercised—

(a)for the purposes of determining whether an offence under these Regulations has been committed; or

(b)in relation to an item which an inspector reasonably believes to be evidence of the commission of an offence under these Regulations.

(7) Any item seized by an inspector may be disposed of as the competent authority sees fit.

(8) It is an offence not to comply with a requirement imposed under paragraph (5).

Enforcement noticesE+W

36.—(1) Where the competent authority considers that any person has not complied with, is not complying with, or is not likely to comply with, a condition of an authorisation under Part 2 or a requirement in these Regulations it may serve that person with an enforcement notice.

(2) An enforcement notice must state—

(a)the steps which the person must take;

(b)the date by which the steps must be taken;

(c)the reason for the service of the notice and for the requirements in it;

(d)that there is a right of appeal under regulation 37.

(3) Where an inspector considers that a requirement in an enforcement notice has not been complied with, the inspector may—

(a)take such steps as the inspector considers necessary—

(i)to ensure compliance with the requirements of the notice; or

(ii)to remedy the consequences of the failure to carry them out;

(b)recover any expenses reasonably incurred in so doing from any person who has failed to comply with the notice.

(4) It is an offence not to comply with an enforcement notice.

AppealsE+W

37.—(1) A person may appeal to the competent authority against any of the following—

(a)refusal to grant an authorisation under regulation 8;

(b)any condition to which an authorisation is subject;

(c)any amendment made to an authorisation under regulation 9 or any decision not to grant an amendment under that regulation;

(d)suspension or revocation of an authorisation under regulation 10 or 11;

(e)service of an enforcement notice under regulation 36.

(2) An appellant may within 21 days beginning with the date on which the relevant event occurs serve the competent authority with a written notice that the appellant wishes to—

(a)appear before and be heard by an independent person appointed by the competent authority; or

(b)provide written representations to the competent authority.

(3) Where an appellant gives notice under paragraph (2)(a)—

(a)the competent authority must appoint an independent person to hear representations and specify a time limit within which representations to that person must be made;

(b)if the appellant requests, the hearing must be in public;

(c)the person appointed must report to the competent authority; and

(d)if the appellant requests, the competent authority must provide a copy of the appointed person's report to the appellant.

(4) Where an appellant gives notice under paragraph (2)(b)—

(a)the competent authority must appoint an independent person to consider the representations; and

(b)the requirements in paragraph (3)(c) and (d) apply.

(5) The competent authority must serve the appellant with a written notice of its final decision and the reasons for it.

ObstructionE+W

38.  It is an offence —

(a)intentionally to obstruct any person acting in the execution of these Regulations;

(b)to fail without reasonable cause to give to such person any assistance or information which that person may reasonably require for the purposes of that person's functions under these Regulations; or

(c)knowingly or recklessly to give false or misleading information to such person.

Offences by bodies corporateE+W

39.—(1) If an offence under these Regulations committed by a body corporate is shown—

(a)to have been committed with the consent or connivance of an officer; or

(b)to be attributable to any neglect on the part of the officer,

that officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body.

(3) “Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

PenaltiesE+W

40.  A person who is guilty of an offence under these Regulations is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum;

(b)on conviction on indictment, to a fine.

PART 6E+WMiscellaneous

VaccinationE+W

41.  It is an offence to vaccinate an aquatic animal against a listed disease without the prior written consent of the competent authority.

Public register of disease-free zones and compartmentsE+W

42.—(1) The competent authority must establish and maintain a register of declarations made by the authority under [F32Articles 2a and 2b of Commission Decision 2009/177/EC].

(2) The register must be publicly available for inspection free of charge at all reasonable times and at such place as determined by the competent authority.

Textual Amendments

Disclosure of informationE+W

43.—(1) The competent authority, any local authority, the Environment Agency and the Food Standards Agency may disclose information to each other for the purposes of F33... these Regulations.

(2) The competent authority may disclose information to the equivalent authority in Scotland or Northern Ireland for the purposes of F34... these Regulations or the equivalent Regulations in Scotland or Northern Ireland.

Textual Amendments

Service of noticesE+W

44.—(1) Any notice served under these Regulations may be served on a person by—

(a)delivering it to that person;

(b)sending it by post;

(c)transmitting it electronically.

(2) Where the person on whom a notice to be served is a body corporate, the notice is duly served if it is served on the secretary or clerk of that body.

(3) For the purposes of this regulation and section 7 of the Interpretation Act 1978 M9 (references to service by post) in its application to this regulation, the proper address of any person to whom a notice is to be given is—

(a)if the person has given an address for service, that address;

(b)if no address has been given—

(i)in the case of the secretary or clerk of a body corporate, the registered or principal office of that body;

(ii)in any other case, the person's last known address at the time of service.

(4) If the notice is transmitted electronically, it is to be treated as duly served if—

(a)the person upon whom the notice is required or authorised to be served (“the recipient”) has indicated to the person serving the notice the recipient's willingness to receive notices transmitted by electronic means and has provided an address suitable for that purpose; and

(b)the notice is sent to the address provided.

Marginal Citations

Repeals, amendments and revocationsE+W

45.  Schedule 2 (repeals, amendments and revocations) has effect.

Jane Kennedy

Minister of State

Department for Environment, Food and Rural Affairs

Elin Jones

Minister for Rural Affairs,

one of the Welsh Ministers

Regulation 3(4)

SCHEDULE 1E+WList of diseases

DiseaseF35... F35...
Infection with Gyrodactylus salarisF35. . .F35. . .
Bacterial kidney diseaseF35. . .
Spring viraemia of carpF35. . .F35. . .
[F36Ostreid herpesvirus 1 µvar (OsHV-1 µvar)]F35. . .F35. . .

Textual Amendments

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

[F37SCHEDULE 1AE+WModifications to Directive 2006/88/EC

Textual Amendments

Modifications to Article 29E+W

1.  Article 29 is to be read as if—

(a)in the words before paragraph 1(a)—

(i)the reference to “Member States” were to the competent authority;

(ii)the reference to “Article 28(b)(iii)” were to regulation 24(2)(c) of these Regulations;

(iii)the reference to “Article 28(a)” were 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 to Annex 1A to Regulation (EC) No 1251/2008;

(ii)the reference to “any Member State” were to England or Wales;

(c)in paragraph 1(b)—

(i)the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008;

(ii)the reference to “Member States, zones or compartments” were to England or Wales, or any zone or compartment within England or Wales; and

(iii)the reference to “Part A of Annex III” were a reference to Part A of Annex 3 read in accordance with paragraph 4;

(d)in paragraph 2(b), the reference to “Article 26(1)” were to regulation 23 of these Regulations;

(e)in paragraph 3—

(i)the reference to “the Member State” were to the competent authority;

(ii)the references to “Article 28” were to regulation 24 of these Regulations;

(f)paragraph 4 were omitted.

Modifications to Part 1 of Annex 2E+W

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 to regulation 13(1)(a) of these Regulations;

(ii)in point (f), the reference to “Part II of Annex IV” were to Annex 1A to Regulation (EC) No 1251/2008;

(iii)in point (g)—

(aa)the reference to “a Member State, zone or compartment” were to England or Wales, or any zone or compartment within England or Wales;

(bb)the reference to “Annex 4” were to Annex 1A to Regulation (EC) No 1251/2008;

(b)in paragraph 2, the reference to “the second subparagraph of Article 4(1)” were to regulation 5(2) of these Regulations..

Modifications to Part 2 of Annex 2E+W

3.  Part 2 of Annex 2 is to be read as if, in the words before point (a), the reference to “Article 6” were to regulation 13(1)(b) of these Regulations.

Modifications to Part A of Annex 3E+W

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 2b(1) of Decision 2015/1554;

(iii)in the entry corresponding to Category 4, the words in brackets referred to Article 2b(3) of Decision 2015/1554;

(iv)in the entry corresponding to Category 5, the words in brackets referred to regulation 28 of these Regulations.]

Regulation 45

SCHEDULE 2E+WRepeals, amendments and revocations

1.  The Diseases of Fish Act 1937 M10 is repealed.E+W

Marginal Citations

2.  In Schedule 8 to the Water Act 1973 M11, omit paragraph 43.E+W

Marginal Citations

3.  In section 41(1) of the Salmon and Freshwater Fisheries Act 1975 M12, for the definition of “fish farm”, substitute—E+W

““fish farm”—

(a)

means a pond, stew, hatchery or other place used for keeping, with a view to their sale or to their transfer to other waters (including another fish farm), live fish, live eggs of fish, or foodstuff of fish, and

(b)

includes any buildings used in connection with a place mentioned in paragraph (a) and the banks and margins of any water in such a place;”.

Marginal Citations

M121975 c.51; the definition of “fish farm” was inserted by the Environment Act 1995 (c.25), Schedule 15, paragraph 20(a).

4.  In Part 1 of paragraph 12 of Schedule 4 to the Customs and Excise Management Act 1979 M13, omit the entry relating to the Diseases of Fish Act 1937.E+W

Marginal Citations

5.  In section 1(1) of the Import of Live Fish (England and Wales) Act 1980 M14 omit “Without prejudice to section 1(1) of the Diseases of Fish Act 1937 and”.E+W

Marginal Citations

6.  The Diseases of Fish Act 1983 M15 is repealed.E+W

Marginal Citations

7.  In the Salmon Act 1986 M16—E+W

(a)omit section 38; and

(b)omit paragraph 6 of Schedule 4.

Marginal Citations

8.  In the Water Act 1989 M17—E+W

(a)omit paragraphs 3 and 8 of Schedule 17; and

(b)in Part 1 of Schedule 27 omit the entries relating to the Diseases of Fish Act 1937 and the Diseases of Fish Act 1983.

Marginal Citations

9.  In the Environment Act 1995 M18—E+W

(a)in section 2(1)(a)(v) omit “the Diseases of Fish Act 1937,”;

(b)omit section 6(7)(b)(i); and

(c)in Schedule 15—

(i)in paragraph 2(4)(c)(ii) omit “or under the Diseases of Fish Act 1937”; and

(ii)omit paragraphs 4 and 23.

Marginal Citations

10.  In section 3(5)(b)(ii) of the Gangmasters (Licensing) Act 2004 M19, for “the Diseases of Fish Act 1937”, substitute “ the Salmon and Freshwater Fisheries Act 1975 ”E+W

Marginal Citations

11.  The Diseases of Fish (Control) Regulations 1994 M20 are revoked.E+W

Marginal Citations

12.  The Fish Health Regulations 1997 M21 are revoked.E+W

Marginal Citations

13.  In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 M22 omit the entries relating to the Diseases of Fish Act 1937 and the Diseases of Fish Act 1983.E+W

Marginal Citations

14.  The Diseases of Fish (Control) (Amendment) (England and Wales) Regulations 2002 M23 are revoked.E+W

Marginal Citations

15.  In Schedule 1 to the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 M24 omit paragraph 21.E+W

Marginal Citations

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Council Directive 2006/88/EC (OJ No L 238, 24.11.2006, p14) on animal health requirements for aquaculture animals and products thereof and on the prevention and control of certain diseases in aquatic animals.

Part 2 of these Regulations requires aquaculture production businesses and certain processing establishments to be authorised by the competent authority (regulation 5). Some undertakings, including put and take fisheries and specialist transport businesses, are required to be registered (regulation 12). Although these Regulations generally come into force on 27th March 2009, regulation 5(1) comes into force on 1st May 2009 and regulation 12(1) comes into force on 1st August 2009.

Part 3 imposes health requirements in relation to the placing on the market of aquaculture and other aquatic animals. It also introduces disease prevention requirements in respect of the transport of such animals (regulations 19 to 21).

Part 4 establishes a system for the notification and control of disease outbreaks in aquatic animals. The competent authority is required to designate an area where a listed disease or an emerging disease is suspected (regulation 24) and to make a confirmed designation (regulation 28) where such a disease is confirmed. Inspectors are given powers to require others to take steps necessary to eradicate or prevent the spread of disease to other aquatic animals (regulations 26 and 30).

Part 5 gives enforcement powers to inspectors, and allows the service of an enforcement notice (regulation 36). Appeals may be made against such a notice or in relation to an authorisation under Part 2. A person found guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to an unlimited fine (regulation 40).

A full impact assessment has been prepared and placed in the libraries of both Houses of Parliament. A copy can be obtained, together with a transposition note, from Defra, Nobel House, 17 Smith Square, London SW1P 3JR or the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.