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

Amendment of the Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

2.—(1) The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 9—

(a) in paragraph (2)—

(i) for sub-paragraphs (a) to (d) substitute—

“(a) in paragraph 1—

(i) for “the Union” substitute “Great Britain”;

(ii) omit the words from “taking place” to the end;

(b) in paragraph 2, for “Member States” substitute “Great Britain”;

(c) in paragraph 3, for “the jurisdiction of Member States” substitute “Great Britain”;

(d) in paragraph 4, for the words from “comply with” to the end substitute “are closed ornamental facilities within the meaning of Article 2(a) of Commission Regulation 1251/2008(2).”;”;

(ii) in sub-paragraph (e), for paragraph (ii) substitute—

“(ii) for “their territory” substitute “the constituent GB territory for which it is responsible”;”;

(iii) in sub-paragraph (g), for paragraph (ii) substitute—

“(ii) for “their territory” substitute “the constituent GB territory for which it is responsible”;”;

(b) in paragraph (3), for sub-paragraphs (c) and (d) substitute—

“(c) for paragraph 18 substitute—

“18.   ‘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;”;

(d) for paragraph 19 substitute—

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

(c) in paragraph (5), for sub-paragraph (a) substitute—

“(a) in paragraph 1—

(i) for “Member States” substitute “The appropriate authority”;

(ii) after “biodiversity” insert “in Great Britain”;”;

(d) in paragraph (6)(b), in the substituted words, for “appropriate” substitute “competent”;

(e) in paragraph (11)—

(i) for sub-paragraphs (a) and (b) substitute—

“(a) in paragraph 2, for “the territory of the Union” substitute “Great Britain”;

(b) for paragraph 3, substitute—

“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.”;”;

(f) for paragraph (13) substitute—

“(13) In Article 21, for the unnumbered paragraph substitute—

“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.”.”;

(g) in paragraph (14), omit sub-paragraph (b);

(h) for paragraph (17) substitute—

“(17) In Annex 3—

(a) in the second paragraph—

(i) omit “in the Member State of its location”;

(ii) for the last sentence, substitute—

“If the quarantine facility is not located in the constituent GB territory into which the alien species is to be introduced or the locally absent species is to be translocated (“the receiving constituent GB territory”), the advisory committee responsible for the quarantine facility and the advisory committee in the receiving constituent GB territory must agree on the duration.”;

(b) in the paragraphs under the heading “Mortalities and disposal”—

(i) after “competent authority”, in both places where it occurs, insert “responsible for the facility”;

(ii) in the second paragraph, for “and Member States” substitute “, which”.”.

(3) In regulation 10—

(a) for paragraphs (2) and (3) substitute—

“(2) In Article 2—

(a) in the words before point (a), for “Article 24(2)” substitute “Article 24(3)”;

(b) in point (b), for “a certain Member State” substitute “Great Britain”.

(3) After Article 2 insert—

“Article 2a Interpretation

In this Regulation, “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 the functions exercisable in relation to Wales, by the Welsh Ministers;

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

(b) after paragraph (7), insert—

“(8) In the Annex, in points 2.1.2.2, 3.2 and 3.4.3, omit “also in a second Community language (some lines)”.”.

(1)

S. I. 2019/451, to which there is an amendment not relevant to these Regulations. S.I. 2019/451 comes into force on IP completion day by virtue of paragraph 1 of Schedule 5 to the European Union (Withdrawal Agreement) Act 2020 (c. 1).

(2)

EUR 2008/1251, which is prospectively amended by S.I. 2019/451 and 795.