The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020

Commission Decision 2008/946/EC

8.—(1) Commission Decision 2008/946/EC implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals is amended as follows.

(2) in Article 1—

(a) for point (a) substitute—

“(a) Part 3A of the Aquatic Animal Health Regulations;”;

(b) in point (b), omit the words from “and” to the end.

(3) In Article 2—

(a) in paragraph 1(c)—

(i) for “Article 2(4) of Regulation (EC) No 882/2004” substitute “Article 3(4) of 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”;

(ii) omit “in accordance with Articles 4 and 6 of Directive 2006/88/EC,”;

(b) in paragraph 4, for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation 1251/2008”;

(c) at the end, insert—

“6.   “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 respect of functions exercisable in relation to Wales, by the Welsh Ministers;

(b) in respect of functions exercisable in relation to Scotland, by the Scottish Ministers;

7.   “the Aquatic Animal Health Regulations” means—

(a) in relation to England and Wales, the Aquatic Animal Health (England and Wales) Regulations 2009;

(b) in relation to Scotland, the Aquatic Animal Health (Scotland) Regulations 2009;

8.   “constituent GB territory” means England, Wales or Scotland as the case may be;

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

10.   “third country” means any country or territory other than the British Islands..”.

(4) In Article 3, for “the Community”, in both places where it occurs, substitute “Great Britain”.

(5) In Article 5—

(a) for paragraph 1(a) substitute—

“(a) provisions which are at least equivalent to the authorisation conditions laid down in—

(i) if the consignment is intended for a destination in England or Wales, Part 2 of the Aquatic Animal Health (England and Wales) Regulations) 2009;

(ii) if the consignment is intended for a destination in Scotland, Part 2 of the Aquatic Animal Health (Scotland) Regulations 2009.”;

(b) in paragraph 3—

(i) after “drawn up” insert “by the competent authority”;

(ii) for “the Commission” substitute “the appropriate authority”.

(6) In Article 6(3), in the second subparagraph, for “Commission” substitute “appropriate authority to which the competent authority communicated the list referred to in Article 5(3)”.

(7) For Article 7 substitute—

“The appropriate authority which receives a new or updated list of quarantine facilities in accordance with Article 5(3) must provide a copy to each other authority which in relation to any constituent part of Great Britain is the appropriate authority and make the list available to the public.”.

(8) In the heading to Chapter 3, for “THE COMMUNITY” substitute “GREAT BRITAIN”.

(9) In Article 8—

(a) in paragraph 1—

(i) for “into the Community”, substitute “from a third country”;

(ii) for the second reference to “the Community” substitute “Great Britain”;

(b) in paragraph 2, for point (a) substitute—

“(a) be drawn up in English or, where drawn up in another language, accompanied by a translation into English;”.

(10) In Article 9—

(a) for “into the Community”, substitute “from a third country”;

(b) for the second reference to “the Community” substitute “Great Britain”.

(11) In Article 10—

(a) in paragraph 1—

(i) in the words before point (a)—

(aa) for “into the Community”, substitute “from a third country”;

(bb) for the second reference to “the Community” substitute “Great Britain”;

(ii) in point (a), for the words from “computerised system” to the end substitute “appropriate computerised information management system”;

(iii) in point (c), for “Traces system” substitute “appropriate computerised information management system”;

(b) in paragraph 2, for “the Community” substitute “Great Britain”.

(12) In Article 11—

(a) in the heading, for “the Community” substitute “Great Britain”;

(b) in the words before point (a)—

(i) for “the Community”, in both places where it appears, substitute “Great Britain”;

(ii) for “Article 17 or 20 of Directive 2006/88/EC” substitute “Part 3A of the Aquatic Animal Health Regulations”.

(c) in point (a), for “the Community” substitute “Great Britain”.

(13) In Article 12, omit paragraph 4.

(14) In Article 14(4)(b), for “Member State” substitute “a constituent GB territory”.

(15) Omit Chapter 5.

(16) In Annex 1—

(a) in Part A, in paragraph 4, for “a Member State,” substitute “a constituent GB territory”;

(b) in Part B, in paragraph 10, for “Article 8 of Directive 2006/88/EC” substitute “regulation 6 of the Aquatic Animal Health Regulations”.

(17) In Annex 2, in paragraph 3, for the words from “to be” to the end substitute “in 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”.