PART 3MOVEMENT OF ANNEX IV SPECIES AND TRANSLOCATION OF LOCALLY ABSENT SPECIES

Movement of Annex IV speciesI111

1

This regulation applies where the competent authority receives notification under regulation 9(2) of a proposal to move an Annex IV species or where notification is deemed to have been given by virtue of regulation 9(3).

2

The competent authority must serve a written notice on the person proposing to undertake the movement—

a

prohibiting the movement;

b

permitting the movement and any subsequent movement of the same species undertaken by that person to the same aquaculture facility subject to any conditions stated in the notice; or

c

requiring the person, at that person’s own cost, to submit an environmental risk assessment carried out in accordance with Article 9(1) of Council Regulation 708/2007.

3

After considering any environmental risk assessment required under paragraph (2)(c) the competent authority must serve a written notice on the person proposing to undertake the movement—

a

prohibiting the movement; or

b

permitting the movement and any subsequent movement of the same species by that person to the same aquaculture facility subject to any conditions specified in the notice.

4

A notice served under paragraph (2)(b) or (3)(b) must contain—

a

the unique reference number assigned to the notice;

b

the duration of the notice;

c

the species to which the notice applies; and

d

the aquaculture facility into which the movement is permitted.

5

A notice served under paragraph (2)(a) or (b) or (3)(a) or (b) must include—

a

the reasons for that decision; and

b

information on the right of appeal under regulation 16.