The Aquatic Animal Health (England and Wales) Regulations 2009

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.