Council Regulation (EC) No 708/2007Show full title

CHAPTER I U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 U.K. Subject matter

This Regulation establishes a framework governing aquaculture practices in relation to alien and locally absent species to assess and minimise the possible impact of these and any associated non-target species on aquatic habitats and in this manner contribute to the sustainable development of the sector.

Article 2 U.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 [F1 Great Britain]F2 ....

2. This Regulation shall not apply to translocations of locally absent species within [F3 Great 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 [F4 Great 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 [F5 are closed ornamental facilities within the meaning of Article 2(a) of Commission Regulation 1251/2008.]

[F6 5. 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 [F7 the appropriate authority wishes] to take measures to restrict the use of the species concerned in [F8 the 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 [F9 the appropriate authority wishes] to take appropriate measures.

[F6 7. 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.

[F10 The appropriate authority] shall draw up a list of closed aquaculture facilities in [F11 the 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

F1 Words 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))

F2 Words 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))

F3 Words 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))

F4 Words 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))

F5 Words 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))

F6 Substituted 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.

F7 Words 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)

F8 Words 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))

F9 Words 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)

F10 Words 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)

F11 Words 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))

F12 Words 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)

Article 3 U.K. Definitions

For the purpose of this Regulation the following definitions shall apply:

1.

[F13 “aquaculture” means the rearing or cultivation of aquatic organisms using techniques designed to increase the production of the organisms in question beyond the natural capacity of the environment, where the organisms remain the property of a natural or legal person throughout the rearing and culture stage, up to and including harvesting;]

2.

‘open aquaculture facility’ means a facility where aquaculture is conducted in an aquatic medium not separated from the wild aquatic medium by barriers preventing the escape of reared specimens or biological material that might survive and subsequently reproduce;

3.

[F6 ‘Closed aquaculture facility’ means a land-based facility:

(a)

where:

(i)

aquaculture is conducted in an aquatic medium which involves recirculation of water; and

(ii)

discharges do not connect in any way to open waters before screening and filtering or percolation and treatment to prevent the release of solid waste into the aquatic environment and the escape from the facility of farmed species and non-target species that might survive and subsequently reproduce;

(b)

and which:

(i)

prevents losses of reared specimens or non-target species and other biological material, including pathogens, due to factors such as predators (e.g. birds) and flooding (e.g. the facility must be situated at a safe distance from open waters following a proper assessment made by the competent authorities);

(ii)

prevents, in a reasonable way, losses of reared specimens or non-target species and other biological material, including pathogens, due to theft and vandalism; and

(iii)

ensures appropriate disposal of dead organisms;]

4.

‘aquatic organisms’ means any species living in water belonging to the animalia, plantae and protista kingdoms, including any part, gametes, seeds, eggs or propagules of their individuals that might survive and subsequently reproduce;

5.

‘Polyploid organisms’ means artificially induced tetraploid organisms (4N). These are aquatic organisms in which the number of chromosomes in the cells has been doubled through cell manipulation techniques;

6.

‘alien species’ means:

(a)

a species or subspecies of an aquatic organism occurring outside its known natural range and the area of its natural dispersal potential;

(b)

polyploid organisms, and fertile artificially hybridised species irrespective of their natural range or dispersal potential;

7.

‘locally absent species’ means a species or subspecies of an aquatic organism which is locally absent from a zone within its natural range of distribution for biogeographical reasons;

8.

‘non-target species’ means any species or subspecies of an aquatic organism likely to be detrimental to the aquatic environment that is moved accidentally together with an aquatic organism that is being introduced or translocated not including disease-causing organisms which are covered by [F14 [F15 assimilated] law which transposed] Directive 2006/88/EC;

9.

‘movement’ means introduction and/or translocation;

10.

‘introduction’ means the process by which an alien species is intentionally moved to an environment outside its natural range for use in aquaculture;

11.

‘translocation’ means the process by which a locally absent species is intentionally moved within its natural range for its use in aquaculture to an area where it previously did not exist because of bio-geographical reasons;

12.

‘pilot release’ means the introduction of alien species or translocation of locally absent species on a limited scale to assess ecological interaction with native species and habitats in order to test the risk assessment assumptions;

13.

‘applicant’ means the natural or legal person or entity proposing to conduct the introduction or translocation of an aquatic organism;

14.

‘quarantine’ means a process by which aquatic organisms and any of their associated organisms can be maintained in complete isolation from the surrounding environment;

15.

‘quarantine facility’ means a facility in which aquatic organisms and any of their associated organisms can be maintained in complete isolation from the surrounding environment;

16.

[F6 ‘routine movement’ means the movement of aquatic organisms from a source which has a low risk of transferring non-target species and which, on account of the characteristics of the aquatic organisms and/or the method of aquaculture to be used, does not give rise to adverse ecological effects;]

17.

‘non-routine movement’ shall mean any movement of aquatic organisms which does not fulfil the criteria for routine movement;

18.

[F16 ‘the appropriate authority’ means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;

but the appropriate authority is the Secretary of State if consent is given—

(a)

in relation to Wales, by the Welsh Ministers;

(b)

in relation to Scotland, by the Scottish Ministers;]

19.

[F17 ‘constituent GB territory’ means England, Wales or Scotland, as the case may be.]

Textual Amendments

F6 Substituted 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.

F13 Art. 3(1) 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(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 3(8) inserted (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(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F15 Word in Art. 3(8) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 75(2)(a)

F16 Art. 3(18) substituted (31.12.2020) by S.I. 2019/451, reg. 9(3)(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)(b))

F17 Art. 3(19) substituted (31.12.2020) by S.I. 2019/451, reg. 9(3)(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)(b))

CHAPTER II U.K. GENERAL OBLIGATIONS F18 ...

Article 4 U.K. Measures for avoiding adverse effects

[F19 1.] [F20 The appropriate authority] shall ensure that all appropriate measures are taken to avoid adverse effects to biodiversity [F21 in Great Britain], and especially to species, habitats and ecosystem functions which may be expected to arise from the introduction or translocation of aquatic organisms and non-target species in aquaculture and from the spreading of these species into the wild.

[F19 2. The competent [F22 authorities] shall monitor and supervise aquaculture activities so as to ensure that:

(a) closed aquaculture facilities comply with the requirements laid down in Article 3(3); and

(b) transport from or to closed aquaculture facilities takes place in conditions that are such as to prevent the escape of alien or non-target species.]

Textual Amendments

F19 Inserted 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.

F20 Words in Art. 4(1) substituted (31.12.2020) by S.I. 2019/451, reg. 9(5)(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)(c))

F21 Words in Art. 4(1) inserted (31.12.2020) by S.I. 2019/451, reg. 9(5)(a)(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)(c))

F22 Word in Art. 4(2) 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(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K. Decision making and advisory bodies

[F23 The appropriate authority] shall designate the competent authority or authorities responsible for ensuring compliance with the requirements of this Regulation (the competent authority(ies)). Each competent authority may appoint an advisory committee to assist it, which shall include appropriate scientific expertise (the advisory committee). If [F24 the competent authority] does not appoint an advisory committee then the competent authority or competent authorities shall assume the tasks assigned to the advisory committee in this Regulation.

Textual Amendments

F23 Words in Art. 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(6)(a); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 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(6)(b) (as amended by S.I. 2020/1463, regs. 1(2)(a), 2(2)(d)); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F18 Words in Ch. 2 heading 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(4); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. PERMITS

Article 6 U.K. Application for a permit

1. Aquaculture operators intending to undertake the introduction of an alien species or the translocation of a locally absent species not covered by Article 2(5) shall apply for a permit from the competent authority F25 .... Applications may be submitted for multiple movements to take place over a period of not longer than seven years.

2. The applicant shall submit with the application a dossier following the indicative guidelines listed in Annex I. The advisory committee shall give an opinion on whether the application contains all the information required to assess whether the proposed movement is routine or non-routine, and is therefore admissible, and shall inform the competent authority of its opinion.

3. By the end of the permit period an application for another permit may be submitted by referring to the former permit. If there have been no documented adverse effects on the environment, the proposed movement shall be considered a routine movement.

Textual Amendments

F25 Words in Art. 6 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(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Type of proposed movement

The advisory committee shall give its opinion on whether the proposed movement is a routine or a non-routine movement and whether release must be preceded by quarantine or pilot release and shall inform the competent authority of its opinion.

Article 8 U.K. Routine movement

In the case of routine movements, the competent authority may grant a permit, indicating, where applicable, the requirement for quarantine or pilot release as set out in Chapters IV and V.

Article 9 U.K. Non-routine movement

1. In the case of non-routine movements, an environmental risk assessment shall be carried out as outlined in Annex II. The competent authority shall decide whether the applicant or an independent body is responsible for conducting the environmental risk assessment and who shall bear the cost.

2. On the basis of the environmental risk assessment, the advisory committee shall give its opinion on the risk to the competent authority, using the summary report form set out in Annex II, Part 3. If the advisory committee finds that the risk is low, the competent authority may grant the permit without further formalities.

3. If the advisory committee finds that the risk associated with the proposed movement of aquatic organisms is high or medium in the sense of Annex II, part 1, it shall examine the application in consultation with the applicant to see if there are mitigation procedures or technologies available to reduce the level of risk to low. The advisory committee shall forward the results of its examination to the competent authority, detailing the level of risk and specifying the reasons for any reduction in risk, in the form specified in Annex II, Part 3.

4. The competent authority may only issue permits for non-routine movements in cases where the risk assessment, including any mitigation measures, show a low risk to the environment. Any refusal of a permit must be duly motivated on scientific grounds and, where scientific information is as yet insufficient, on the grounds of the precautionary principle.

Article 10 U.K. Decision period

1. The applicant shall be informed in writing within a reasonable time of the decision to issue or refuse a permit, and in any case not later than six months from the date of application, excluding time when an applicant provides additional information if the advisory committee so requests.

2. [F26 The appropriate authority] may request to have applications and risk assessments regarding marine organisms reviewed by ICES prior to the issuing of an opinion by the advisory committee. In such cases an additional period of six months shall be allowed.

Textual Amendments

F26 Words in Art. 10(2) 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(8); 2020 c. 1, Sch. 5 para. 1(1)

F27 Article 11 U.K. Movements affecting neighbouring Member States

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Art. 11 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(9); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K. Withdrawal of permit

At any point in time, the Competent Authority can withdraw the permit, temporarily or permanently, if unforeseen events with negative effects on the environment or on native populations occur. Any withdrawal of a permit must be justified on scientific grounds and, where scientific information is as yet insufficient, on the grounds of the precautionary principle and having due regard to national administrative rules.

CHAPTER IV U.K. CONDITIONS FOR INTRODUCTION AFTER ISSUE OF A PERMIT

Article 13 U.K. Compliance with other F28 ... provisions

A permit may only be issued for an introduction under this Regulation, where it is apparent that requirements under other legislation can be met, and in particular:

(a)

the animal health conditions set out in [F29 [F30 assimilated] law which transposed] 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;

(b)

the conditions set out in [F31 [F32 assimilated] law which transposed] Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1).

Textual Amendments

F28 Word in Art. 13 heading 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(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 13(a) inserted (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(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

F30 Word in Art. 13(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 75(2)(b)

F31 Words in Art. 13(b) inserted (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(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

F32 Word in Art. 13(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 75(2)(b)

[F6 Article 14 U.K. Release into aquaculture facilities in the case of routine introductions

In the case of routine introductions, the release of aquatic organisms into aquaculture facilities shall be allowed without quarantine or pilot release, unless, in exceptional cases, the competent authority decides otherwise on the basis of specific advice given by the advisory committee. Movements from a closed aquaculture facility to an open aquaculture facility shall be considered to be routine or non-routine movements in line with Articles 6 and 7.]

Textual Amendments

F6 Substituted 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.

Article 15 U.K. Release into open aquaculture facilities in case of non-routine introductions

1. In the case of non-routine introductions, the release of aquatic organisms into open aquaculture facilities shall be subject, if necessary, to the conditions set out in paragraphs 2, 3 and 4.

2. The aquatic organisms shall be placed in a designated quarantine facility within [F33 Great Britain] in accordance with the conditions set out in Annex III, for the purpose of constituting a brood-stock.

[F34 3. The quarantine facility may be located in a constituent GB territory which is not the constituent GB territory in which the receiving aquaculture facility is located, provided that the appropriate authorities concerned agree and that this option has been included in the risk assessment under Article 9.]

4. If appropriate, only progeny of the introduced aquatic organisms may be used in aquaculture facilities F35 ..., provided that no potentially harmful non-target species are found during quarantine. Adult stock may be released in those cases where the organisms do not reproduce in captivity or are fully reproductively sterile, providing the absence of potentially harmful non target species is confirmed.

Textual Amendments

F33 Words in Art. 15(2) substituted (31.12.2020) by S.I. 2019/451, reg. 9(11)(a) (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)(e)(i))

F34 Art. 15(3) substituted (31.12.2020) by S.I. 2019/451, reg. 9(11)(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)(e)(i))

F35 Words in Art. 15(4) 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(11)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. Pilot release into open aquaculture facilities

The competent authority may require that the release of the aquatic organisms into open aquaculture systems be preceded by an initial pilot release subject to specific containment and to preventive measures based on the advice and recommendations of the advisory committee.

Article 17 U.K. Contingency plans

For all non-routine introductions and pilot releases, the applicant shall draw up a contingency plan for the approval of the competent authority, which shall include, inter alia, the removal of the introduced species from the environment, or a reduction in density, for unforeseen events with negative effects on the environment or on native populations. If such an event occurs, the contingency plans shall be implemented immediately and the permit can be withdrawn, temporarily or permanently as per Article 12.

Article 18 U.K. Monitoring

1. Alien species shall be monitored after their release into open aquaculture facilities for a period of two years or a full generation cycle, whichever is longer, to assess whether the impacts were accurately predicted or if there are additional or different impacts. The level of spread or containment of the species shall be studied in particular. The competent authority shall decide whether the applicant has the adequate expertise or whether another body is to carry out the monitoring.

2. Subject to the opinion of the advisory committee, the competent authority may require longer monitoring periods to assess any possible long-term ecosystem effects not easily detectable in the period laid down in paragraph 1.

3. The advisory committee shall evaluate the results of the monitoring programme and note in particular any event not correctly anticipated in the environmental risk assessment. The results of that evaluation shall be sent to the competent authority which shall include a summary of the results in the national register established under Article 23.

CHAPTER V U.K. CONDITIONS FOR TRANSLOCATIONS AFTER ISSUE OF A PERMIT

Article 19 U.K. Compliance with other F36 ... provisions

A permit may only be issued for a translocation under this Regulation where it is apparent that requirements under other legislation can be met and in particular:

(a)

the animal health conditions set out in [F37 [F38 assimilated] law which transposed] Directive 2006/88/EC;

(b)

the conditions set out in [F39 [F40 assimilated] law which transposed] Directive 2000/29/EC.

Textual Amendments

F36 Word in Art. 19 heading 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(12)(a); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 19(a) inserted (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(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F38 Word in Art. 19(a) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 75(2)(c)

F39 Words in Art. 19(b) inserted (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(12)(b); 2020 c. 1, Sch. 5 para. 1(1)

F40 Word in Art. 19(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 75(2)(c)

Article 20 U.K. Non-routine translocation into open aquaculture facilities

In the case of non-routine translocations into open aquaculture facilities, the competent authority may require that release of aquatic organisms be preceded by an initial pilot release with specific containment and preventive measures based on the advice and recommendations of the advisory committee.

[F41 Article 21 U.K. Quarantine

 1. The competent authority may, in exceptional cases and subject to approval where required by paragraph 2, require quarantine in accordance with Article 15(2), (3) and (4) before release of species from non-routine translocations into open aquaculture facilities.

2. Where the appropriate authority is a different person to the competent authority, prior approval of the appropriate authority is required. The request for approval by the appropriate authority must indicate the reasons why quarantine is required. The appropriate authority must reply to such requests within 30 days.]

Textual Amendments

F41 Art. 21(1)(2) substituted for words in Art. 21 (31.12.2020) by S.I. 2019/451, reg. 9(13) (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)(f))

Article 22 U.K. Monitoring following translocation

Following a non-routine translocation, the species shall be monitored in accordance with Article 18.

CHAPTER VI U.K. REGISTER

Article 23 U.K. Register

[F42 The appropriate authority] shall keep a register of introductions and translocations containing a historical record of all applications made and the associated documentation gathered before the issue of a permit and during the monitoring period.

[F43 To facilitate the sharing of information contained in its register, the appropriate authority must use the information system set out in Commission Regulation 535/2008.

The appropriate authority may, by regulations, amend provisions of Commission Regulation 535/2008 relating to the establishment and development of an information system.]

Textual Amendments

F42 Words in Art. 23 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(14)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 23 substituted (31.12.2020) by S.I. 2019/753, reg. 42(1A) (as inserted 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), 4(2))

CHAPTER VII U.K. FINAL PROVISIONS

F44 Article 24 U.K. Amendments of Annexes and detailed rules

[F45 1. The appropriate authority may, by regulations, amend Annex 1 or 3 in order to adapt them to technical and scientific progress.

1A. The Secretary of State may, by regulations—

(a) amend Annex 2 in order to adapt it to technical and scientific progress;

(b) amend Annex 4 so as to add a species.

( c) amend Article 2 of Commission Regulation (EC) 535/2008 to adapt the specifications for the conditions necessary for adding species to Annex 4, as provided for in paragraph 3.]

F46 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. [F47 Regulations under paragraph 1A(b) may only be made where the Secretary of State is satisfied that the aquatic organism has] been used in aquaculture in certain parts of the [F48 United Kingdom] for a long time (with reference to its life cycle) with no adverse effect, and its introduction and translocation must be possible without the coincident movement of potentially harmful non-target species.

[F49 3A. In paragraph 3, “long time (with reference to its life cycle)” and “adverse effect” have the meanings given in Article 2 of Commission Regulation (EC) No 535/2008.]

F50 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F50 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F44 Substituted 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.

F45 Art. 24(1)(1A) substituted for Art. 24(1) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(a) (as amended by S.I. 2020/1463, regs. 1(2)(a), 4(3)); 2020 c. 1, Sch. 5 para. 1(1)

F46 Art. 24(2) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F47 Words in Art. 24(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F48 Words in Art. 24(3) substituted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F49 Art. 24(3A) inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F50 Art. 24(4)-(6) omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

F51 Article 24a U.K. Exercise of the delegation

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Textual Amendments

F51 Arts. 24a-24c omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(3); 2020 c. 1, Sch. 5 para. 1(1)

F51 Article 24b U.K. Revocation of the delegation

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Textual Amendments

F51 Arts. 24a-24c omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(3); 2020 c. 1, Sch. 5 para. 1(1)

F51 Article 24c U.K. Objections to delegated acts

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Textual Amendments

F51 Arts. 24a-24c omitted (31.12.2020) by virtue of The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(3); 2020 c. 1, Sch. 5 para. 1(1)

[F52 Article 24d U.K. Regulations: devolved legislative function

1. This Article applies to regulations made under Article Articles 23 and 24(1).

2. Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

3. For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

5. A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

6. A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

7. Regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

9. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.

Textual Amendments

F52 Arts. 24d, 24e inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(4) (as amended by S.I. 2020/1463, regs. 1(2)(a), 4(4)(a)(i)(ii)(b)(i)(ii)(iii)(aa)(bb)); 2020 c. 1, Sch. 5 para. 1(1)

Article 24e U.K. Regulations: consent required

1. This Article applies to regulations made under Article 24(1A).

2. The Secretary of State may only make regulations in relation to the whole of Great Britain.

3. The Secretary of State may not make regulations without the consent of—

(a) in relation to Wales, the Welsh Ministers;

(b) in relation to Scotland, the Scottish Ministers.

4. Where either of the parties mentioned in paragraph 3(a) or (b) requests that the Secretary of State make regulations to which this Article applies, the Secretary of State must have regard to that request.

5. Regulations made by the Secretary of State are to be made by statutory instrument.

6. A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

7. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.]

Textual Amendments

F52 Arts. 24d, 24e inserted (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 42(4) (as amended by S.I. 2020/1463, regs. 1(2)(a), 4(4)(a)(i)(ii)(b)(i)(ii)(iii)(aa)(bb)); 2020 c. 1, Sch. 5 para. 1(1)

F53 Article 25 U.K. Entry into force

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Textual Amendments

F53 Art. 25 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(15); 2020 c. 1, Sch. 5 para. 1(1)

F54 ...

Textual Amendments

F54 Words in Signature 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(16); 2020 c. 1, Sch. 5 para. 1(1)