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))