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

Commission Regulation (EC) No 1251/2008

2.—(1) 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 is amended as follows.

(2) In Article 1—

(a) in point (b)(ii), for “Member States” substitute “the United Kingdom”;

(b) in point (d), for “Community” substitute “United Kingdom”.

(3) In Article 2—

(a) in point (a)(i), for “Community” substitute “United Kingdom”;

(b) after point (c), insert—

“(d) the appropriate authority means:

(i) in relation to England, the Secretary of State;

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

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

but “the appropriate authority” is the Secretary of State if consent is given:

(i) in respect of functions exercisable in relation to Wales, by the Welsh Ministers;

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

(iii) in respect of functions exercisable in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs;

(e) “constituent UK territory” means England, Wales, Scotland or Northern Ireland, as the case may be;

(f) “third country” means any country other than a member State or the United Kingdom and, for these purposes, the reference to the United Kingdom includes the Channel Islands and the Isle of Man;

(g) for the purposes of any reference in this Regulation to Directive 2006/88/EC or any provision of that Directive, that Directive or provision is to be read subject to the modifications specified in the Schedule to the Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019, and as if:

(i) references to “Member State” or “Member States”, other than those modified in that Schedule, included the United Kingdom;

(ii) references to the diseases listed in Part 2 of Annex 4 to Directive 2006/88/EC were references to the diseases listed in Annex 1A to this Regulation.”.

(4) In Article 4—

(a) in paragraph 1—

(i) for the words from “computerised system” to “Directive 90/425/EC (Traces)” substitute “United Kingdom’s system for import control notifications”;

(ii) in point (a), for “one Member State” substitute “a Member State”;

(iii) in point (b)—

(aa) for “another Member State” substitute “the United Kingdom or constituent UK territory”;

(bb) after “territory,” insert “or constituent UK territory”;

(cc) for “Part II of Annex IV of Directive 2006/88/EC” substitute “Annex 1A to this Regulation”;

(dd) for “in accordance with Articles 49 or 50 thereof” substitute “by Decision 2009/177 or otherwise in accordance with provision made under Article 49(1) or 50(3) of Directive 2006/88”;

(ee) after “eradication programme” insert “approved by Decision 2009/177 or Decision 2010/221 or otherwise in accordance with provision made under Article 44(1) or (2), 49(1) or 50(3) of Directive 2006/88”;

(iv) in point (c), for “Member State or” substitute “United Kingdom, or the constituent UK territory,”.

(5) In Article 5—

(a) for point (a) substitute—

“(a) are introduced into the United Kingdom, or any constituent UK territory, zone or compartment, and—

(i) the appropriate authority has declared the United Kingdom or the constituent UK territory, zone or compartment free of one or more of the non-exotic diseases listed in Annex 1A to this Regulation in Decision 2009/177 or otherwise by provision made under Article 49(1) or 50(3) of Directive 2006/88/EC; or

(ii) the United Kingdom or the constituent UK territory, zone or compartment is subject to a surveillance or eradication programme approved by Decision 2009/177 or Decision 2010/221 or otherwise by provision made under Article 44(1) or (2) of Directive 2006/88/EC;”;

(b) in point (b), for “Member State,” substitute “United Kingdom or the constituent UK territory,”.

(6) In Articles 6(1) and 7—

(a) for point (a), in each case, substitute—

“(a) are introduced into the United Kingdom, or any constituent UK territory, zone or compartment, and—

(i) the appropriate authority has declared the United Kingdom or the constituent UK territory, zone or compartment free of one or more of the non-exotic diseases listed in Annex 1A to this Regulation in Decision 2009/177 or otherwise by provision made under Article 49(1) or 50(3) of Directive 2006/88/EC; or

(ii) the United Kingdom or the constituent UK territory, zone or compartment is subject to a surveillance or eradication programme approved by Decision 2009/177 or Decision 2010/221 or otherwise by provision made under Article 44(1) or (2) of Directive 2006/88/EC;”;

(b) in point (b), for “Member State,” substitute “United Kingdom or the constituent UK territory,”.

(7) In Article 8—

(a) in the heading, for “Member States, zones or compartments” substitute “the United Kingdom or a constituent UK territory, zone or compartment”;

(b) in paragraph 1, for “Member States, zones or compartments” substitute “the United Kingdom or a constituent UK territory, zone or compartment”;

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

“(a) are leaving the United Kingdom or a constituent UK territory, zone or compartment with an eradication programme approved by Decision 2009/177 or Decision 2010/221 or otherwise by provision made under Article 44(1) or (2) of Directive 2006/88/EC;”;

(d) in paragraph 3, for point (a) substitute—

“(a) are leaving the United Kingdom or a constituent UK territory, zone or compartment with an eradication programme approved by Decision 2009/177 or Decision 2010/221 or other provision made under Article 44(1) or (2) of Directive 2006/88/EC;”.

(8) In Article 8a—

(a) in the heading, for “Member States” substitute “the United Kingdom”;

(b) in paragraph 1, in point (a), for “Member States” substitute “the United Kingdom”;

(c) in paragraph 3, for “a Member State” substitute “the United Kingdom”.

(9) In Article 8b, in the heading and in paragraph 1(a), for “Member States” substitute “the United Kingdom”.

(10) In Article 10(1), for “Community from third” substitute “United Kingdom from the third”.

(11) In Article 11—

(a) in each of paragraphs 1 and 2—

(i) for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to this Regulation”;

(ii) for “Community from third” substitute “United Kingdom from the third”.

(12) In Article 12—

(a) in paragraph 1, for “Community” substitute “United Kingdom”;

(b) in paragraph 3, for “Community waters” substitute “the territorial or inland waters of the United Kingdom”.

(13) Omit Article 13.

(14) In Article 14(1) to (3), in each place where it appears, for “Community” substitute “United Kingdom”.

(15) In Article 15(1), (2) and (3), in each place where it appears, for “Community” substitute “United Kingdom”.

(16) In Article 16—

(a) in the first paragraph—

(i) for “Community” substitute “United Kingdom”, in each place where it appears;

(ii) for “EC” substitute “United Kingdom”.

(17) Omit Articles 17 and 19 to 21.

(18) After Article 21, omit the words from “This Regulation” to “Member States.”.

(19) After Annex 1, insert—

“Annex 1A LISTED DISEASES

EXOTIC DISEASES
	DISEASE	SUSCEPTIBLE SPECIES
FISH	Epizootic haematopoietic necrosis	Rainbow trout (Oncorhynchus mykiss) and redfin perch (Percha fluviatilis)
MOLLUSCS	Infection with Bonamia exitiosa	Australian mud oyster (Ostrea angasi) and Chilean flat oyster (O. chilensis)
	Infection with Perkinsus marinus	Pacific oyster (Crassostrea gigas) and Eastern oyster (C. virginica)
	Infection with Microcytos mackini	Pacific oyster (Crassostrea gigas), Eastern oyster (C. virginica), Olympia flat oyster (Ostrea conchaphila) and European flat oyster (O. edulis)
CRUSTACEANS	Taura syndrome	Gulf white shrimp (Penaeus setiferus), Pacific blue shrimp (P. styrlirostris), and Pacific white shrimp (P. vannamei)
	Yellowhead disease	Gulf brown shrimp (Penaeus aztecus), Gulf pink shrimp (P. duoranrum), Kuruma prawn (P. japonicas), black tiger shrimp (P. monodon), Gulf white shrimp (Penaeus. setiferus), Pacific blue shrimp (P. styrlirostris), and Pacific white shrimp (P. vannamei)
NON-EXOTIC DISEASES
FISH	Viral haemorrhagic septicaemia (VHS)	Herring (Clupea spp.), whitefish (Coregonussp.), pike (Esox lucius), haddock (Gadusaeglefinus), Pacific cod (G. maicrocephalus), Atlantic cod (G. morhua), Pacific salmon (Oncorhynchus spp.) rainbow trout (O.mykiss), rockling (Onos mustelus), brown trout (Salmo trutta), turbot (Schophthalmus maximus), sprat (Sprattussprattus) and grayling (Thymallus thymallus) and olive flounder (Paralichthys olivaceus)
	Infectious haematopoietic necrosis (IHN)	Chum salmon (Oncorhynchus keta), coho salmon (O. kisutch), Masou salmon (O.masou), rainbow or steelhead trout (O.mykiss), sockeye salmon (O. nerka), pink salmon (O. rhodurs) chinook salmon (O. tshawytscha), and Atlantic salmon (Salmo salar)
	Koi herpes virus (KHV) disease	Common carp and koi carp (Cyprinus carpio)
	Infectious salmon anaemia (ISA); infection with genotype HPR-deleted of the genus Isavirus (ISAV)	Rainbow trout (Oncorhynchus mykiss), Atlantic salmon (Salmo salar), and brown and sea trout (Salmo. trutta)
MOLLUSCS	Infection with Marteilia refringens	Australian mud oyster (Ostrea angasi), Chilean flat oyster (O. chilensis), European flat oyster (O. edulis), Argentinian oyster (O.puelchana), blue mussel (Mytilus edulis) and Mediterranean mussel (M. galloprovincialis)
	Infection with Bonamia ostreae	Australian mud oyster (Ostrea angasi), Chilean flat oyster (O. chilensis), Olympia flat oyster (O. conchaphila), Asiatic oyster (O. denselammellosa), European flat oyster (O. edulis), and Argentinian oyster (O. puelchana)
CRUSTACEANS	White spot disease	All decapod crustacean (order Decapoda)”