Commission Decision of 20 November 2008 on guidelines for the purpose of the risk-based animal health surveillance schemes provided for in Council Directive 2006/88/EC (notified under document number C(2008) 6787) (Text with EEA relevance) (2008/896/EC)

[F1 Article 1 U.K.

1. The appropriate authority must ensure that a risk-based animal health surveillance scheme is applied in all farms and mollusc farming areas, as appropriate for the types of production.

2. In establishing a risk-based animal health surveillance scheme referred to in paragraph 1, the appropriate authority must have regard to—

(a) the need to detect—

(i) increased mortality in farms and mollusc production areas as appropriate for the type of production;

(ii) the diseases listed in Annex 1A to Regulation 1251/2008, in farms and mollusc farming areas where species susceptible to those diseases are present;

(b) the guidelines set out in the Annex to this Decision.]

Textual Amendments

F1 Art. 1 substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 7(2)

[F2 Article 1a U.K.

Interpretation

1. In this Decision—

(a) “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;

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;

(b) “the Aquatic Animal Health Regulations” means—

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

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

(c) “constituent GB territory” means England, Wales or Scotland as the case may be;

(d) “Regulation 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.

2. References to eradication programmes and surveillance programmes are to be read as references to eradication or surveillance programmes (as the case may be) established under 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..]

[F3 3. For the purposes of this Decision, an animal is susceptible to a disease listed in Annex 1A to Regulation 1251/2008 if it is of a species listed as susceptible to that disease in a document published by the appropriate authority under Article 3a(1) of Regulation (EC) No 1251/2008.]

Textual Amendments

F2 Art. 1a inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 7(3)

F3 Art. 1a(3) inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 3

F4 Article 2 U.K.

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Textual Amendments

F4 Art. 2 omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 7(4)

F5 ...

Textual Amendments

F5 Words in Signature omitted (E.W.S.) (31.12.2020) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 7(4)