Article 2U.K.Scope
1.This Regulation shall apply to the introduction of alien species and translocation of locally absent species for their use in aquaculture in [F1Great Britain]F2....
2.This Regulation shall not apply to translocations of locally absent species within [F3Great Britain], except for cases where, on the basis of scientific advice, there are grounds for foreseeing environmental threats due to the translocation. In the case that an advisory committee has been appointed under Article 5 it will be responsible for assessing the risks.
3.This Regulation shall cover all aquaculture activities located within the jurisdiction of [F4Great Britain] irrespective of their size or characteristics. It shall cover all alien and locally absent aquatic organisms farmed. It shall cover aquaculture using any form of aquatic medium.
4.This Regulation shall not apply to the keeping of ornamental aquatic animals or plants in pet-shops, garden centres, contained garden ponds or aquaria which [F5are closed ornamental facilities within the meaning of Article 2(a) of Commission Regulation 1251/2008.]
[F65.This Regulation, except for Article 3, Article 4(1) and Article 4(2)(a), shall not apply to the species listed in Annex IV. The risk assessment in Article 9 shall not apply to species listed in Annex IV except in cases where [F7the appropriate authority wishes] to take measures to restrict the use of the species concerned in [F8the constituent GB territory for which it is responsible].]
6.Movements of alien or locally absent species to be held in closed aquaculture facilities shall not be subject to prior environmental risk assessment except in cases where [F9the appropriate authority wishes] to take appropriate measures.
[F67.Chapters III to VI shall not apply to movements of alien or locally absent species to be held in closed aquaculture facilities, provided that the transport is carried out under conditions that prevent the escape of those species and of the non-target species.
[F10The appropriate authority] shall draw up a list of closed aquaculture facilities in [F11the constituent GB territory for which it is responsible] that comply with the definition in Article 3(3) and update that list regularly. F12...]
Textual Amendments
F1Words in Art. 2(1) substituted (31.12.2020) by S.I. 2019/451, reg. 9(2)(a)(i) (as substituted 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), 2(2)(a)(i))
F2Words in Art. 2(1) omitted (31.12.2020) by virtue of S.I. 2019/451, reg. 9(2)(a)(ii) (as amended 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), 2(2)(a)(i))
F3Words in Art. 2(2) substituted (31.12.2020) by S.I. 2019/451, reg. 9(2)(b) (as substituted 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), 2(2)(a)(i))
F4Words in Art. 2(3) substituted (31.12.2020) by S.I. 2019/451, reg. 9(2)(c) (as substituted 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), 2(2)(a)(i))
F5Words in Art. 2(4) substituted (31.12.2020) by S.I. 2019/451, reg. 9(2)(d) (as substituted 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), 2(2)(a)(i))
F6Substituted by Regulation (EU) No 304/2011 of the European Parliament and of the Council of 9 March 2011 amending Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture.
F7Words in Art. 2(5) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 9(2)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 2(5) substituted (31.12.2020) by S.I. 2019/451, reg. 9(2)(e)(ii) (as substituted 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), 2(2)(a)(ii))
F9Words in Art. 2(6) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 2(7) substituted (31.12.2020) by The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 9(2)(g)(i); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 2(7) substituted (31.12.2020) by S.I. 2019/451, reg. 9(2)(g)(ii) (as substituted 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), 2(2)(a)(iii))
F12Words in Art. 2(7) omitted (31.12.2020) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/451), regs. 1, 9(2)(g)(iii); 2020 c. 1, Sch. 5 para. 1(1)