Commission Regulation (EC) No 1251/2008Dangos y teitl llawn

CHAPTER I U.K. SUBJECT MATTER, SCOPE AND DEFINITIONS

Article 1 U.K. Subject matter and scope

This Regulation lays down:

(a)

a list of vector species;

(b)

[F1 animal health conditions for the placing on the market of:

(i)

ornamental aquatic animals either originating from or intended for closed ornamental facilities; and

(ii)

[F2 aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking, and for dispatch centres, purification centres and similar businesses before human consumption in [F3 Great Britain]]]

(c)

animal health certification requirements for the placing on the market of:

(i)

aquaculture animals intended for farming, including relaying areas, put and take fisheries and open ornamental facilities, and restocking; and

(ii)

aquaculture animals and products thereof intended for human consumption;

(d)

animal health conditions and certification requirements for imports into [F4 Great Britain], and transit therein, including storage during transit, of:

(i)

aquaculture animals intended for farming, including relaying areas, put and take fisheries and open ornamental facilities;

(ii)

aquaculture animals and products thereof intended for human consumption;

(iii)

ornamental aquatic animals intended for closed ornamental facilities.

Textual Amendments

F1 Substituted by Commission Regulation (EU) No 346/2010 of 15 April 2010 amending Regulation (EC) No 1251/2008 as regards the placing on the market and import requirements for consignments of aquaculture animals intended for Member States or parts thereof with national measures approved by Decision 2010/221/EU (Text with EEA relevance).

F2 Substituted by Commission Regulation (EU) No 350/2011 of 11 April 2011 amending Regulation (EC) No 1251/2008 as regards the placing on the market requirements for consignments of Pacific oysters intended for Member States or parts thereof with national measures regarding ostreid herpes virus 1 μνar (OsHV-1 μνar) approved by Decision 2010/221/EU (Text with EEA relevance).

F3 Words in Art. 1(b)(ii) substituted (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), 5(2)(a)

F4 Words in Art. 1(d) substituted (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), 5(2)(b)

Article 2 U.K. Definitions

[F5 1.] For the purposes of this Regulation, the following definitions shall apply:

(a)

‘closed ornamental facilities’ means pet shops, garden centres, garden ponds, commercial aquaria or wholesalers keeping ornamental aquatic animals:

(i)

without any direct contact with natural waters in [F6 Great Britain]; or

(ii)

which are equipped with an effluent treatment system reducing the risk of transmitting diseases to the natural waters to an acceptable level;

(b)

‘open ornamental facility’ means ornamental facilities other than closed ornamental facilities;

(c)

‘restocking’ means the release of aquaculture animals into the wild.

(d)

[F7 “the appropriate authority” means

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh 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;

(e)

“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;

(f)

Commission Decision 2009/177/EC” means Commission Decision 2009/177/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments;

(g)

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

(h)

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

[F8 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.

3 References to a constituent GB territory or a zone or compartment thereof being “declared free” of one of more of the diseases listed in Annex 1A mean declared free in accordance with Section 2 of Commission Decision 2009/177/EC.]

Textual Amendments

F5 Art. 2 renumbered as Art. 2(1) (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), 5(3)(a)

F6 Words in Art. 2(1)(a)(i) substituted (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), 5(3)(b)(i)

F7 Art. 2(1)(d)-(h) inserted (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), 5(3)(b)(ii)

F8 Art. 2(2)(3) inserted (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), 5(3)(c)

[F9 Article 2a U.K. Interpretation: animal health certificates

In Articles 5 to 8a, 10 to 12, 14 and 16, “relevant model”, in relation to an animal health certificate, a joint public and animal health certificate or an addendum to an animal health certificate, means the model of that certificate or addendum, as published by the appropriate authority from time to time.]

Textual Amendments

F9 Art. 2a inserted by The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/817), regs. 1(2)(c), 5A (as inserted by S.I. 2020/1463, regs. 1(2)(a), 5(5)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. VECTOR SPECIES

Article 3 U.K. List of vector species

Aquaculture animals of species listed in Column 2 of the table in Annex I to this Regulation shall only be regarded as vectors for the purposes of [F10 the Aquatic Animal Health Regulations] where those animals fulfil the conditions set out in Columns 3 and 4 of that table.

Textual Amendments

F10 Words in Art. 3 substituted (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), 5(4)

CHAPTER III U.K. PLACING ON THE MARKET OF AQUACULTURE ANIMALS

Article 4 U.K. Ornamental aquatic animals originating from or intended for ornamental facilities

F11 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Ornamental aquatic animals kept in closed ornamental facilities shall not be released into open ornamental facilities, farms, relaying areas and put- and take fisheries, mollusc farming areas or into the wild, unless authorised by the competent authority.

The competent authority shall only grant such authorisation where the release does not jeopardise the health status of the aquatic animals at the place of release and it shall ensure that appropriate risk mitigating measures are taken.

Textual Amendments

F11 Art. 4(1) omitted (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), 5(5)

[F12 Article 4a U.K. Application of Articles 5 to 9

Articles 5 to 9 do not apply to movements—

(a) from a third country to Great Britain, or any part thereof;

(b) between constituent GB territories if all constituent GB territories have been declared free of the relevant disease; or

(c) from one part of the coastline of Great Britain to another, if the coastlines of all constituent GB territories have been declared free of the relevant disease.]

Textual Amendments

F12 Art. 4a inserted (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), 5(6)

Article 5 U.K. Aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking

Consignments of aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities, or restocking shall be accompanied by an animal health certificate completed in accordance with the [F13 relevant model], where the animals:

(a)

are introduced into [F14 a constituent GB territory, a zone or a compartment where the constituent GB territory, zone or compartment concerned is:]

(i)

declared free of one or more of the non-exotic diseases listed in [F15 Annex 1A; or]

(ii)

subject to a surveillance or eradication programme F16 ...;

(b)

are of species susceptible to one or more of the diseases, or vector species for one or more of the diseases, for which the [F17 constituent GB territory], zone or compartment concerned is declared disease-free, or for which a surveillance or eradication programme applies, as referred to in point (a).

Textual Amendments

F13 Words in Art. 5 substituted (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), 5(7)(a)

F14 Words in Art. 5(a) substituted (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), 5(7)(b)(i)

F15 Words in Art. 5(a)(i) substituted (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), 5(7)(b)(ii)

F16 Words in Art. 5(a)(ii) omitted (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), 5(7)(b)(iii)

F17 Words in Art. 5(b) substituted (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), 5(7)(c)

Article 6 U.K. Aquaculture animals and products thereof intended for further processing before human consumption

1. Consignments of aquaculture animals and products thereof intended for further processing before human consumption, shall be accompanied by an animal health certificate completed in accordance with the [F18 relevant model], where they:

(a) are introduced into [F19 a constituent GB territory, a zone or a compartment where the constituent GB territory, zone or compartment concerned is:]

(i)

declared free of one or more of the non-exotic diseases in [F20 Annex 1A; or]

(ii)

subject to a surveillance or eradication programme F21 ...;

(b) are of species susceptible to one or more of the diseases for which the [F22 constituent GB territory], zone or compartment concerned is declared disease-free, or for which a surveillance or eradication programme applies, as referred to in point (a).

2. Paragraph 1 shall not apply to:

(a) fish which have been slaughtered and eviscerated before dispatch;

(b) molluscs or crustaceans which are intended for human consumption and packed and labelled for that purpose in accordance with Regulation (EC) No 853/2004, and which are:

(i)

non-viable, which means no longer able to survive as living animals if returned to the environment from which they were obtained; or

(ii)

intended for further processing without temporary storage at the place of processing;

(c) aquaculture animals or products thereof placed on the market for human consumption without further processing, provided that they are packed in retail-sale packages which comply with the provisions for such packages in Regulation (EC) No 853/2004.

Textual Amendments

F18 Words in Art. 6(1) substituted (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), 5(7)(a)

F19 Words in Art. 6(1)(a) substituted (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), 5(7)(b)(i)

F20 Words in Art. 6(1)(a)(i) substituted (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), 5(7)(b)(ii)

F21 Words in Art. 6(1)(a)(ii) omitted (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), 5(7)(b)(iii)

F22 Words in Art. 6(1)(b) substituted (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), 5(7)(c)

Article 7 U.K. Live molluscs and crustaceans intended for purification centres, dispatch centres and similar businesses before human consumption

Consignments of live molluscs and crustaceans intended for purification centres, dispatch centres and similar businesses before human consumption, shall be accompanied by an animal health certificate completed in accordance with the [F23 relevant model], where they:

(a)

are introduced into [F24 a constituent GB territory, a zone or a compartment where the constituent GB territory, zone or compartment concerned is:]

(i)

declared free of one or more of the non-exotic diseases listed in [F25 Annex 1A; or]

(ii)

subject to a surveillance or eradication programme F26 ...;

(b)

are of species susceptible to one or more of the diseases for which the [F27 constituent GB territory], zone or compartment concerned is declared disease-free, or for which a surveillance or eradication programme applies, as referred to in point (a).

Textual Amendments

F23 Words in Art. 7 substituted (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), 5(7)(a)

F24 Words in Art. 7(a) substituted (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), 5(7)(b)(i)

F25 Words in Art. 7(a)(i) substituted (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), 5(7)(b)(ii)

F26 Words in Art. 7(a)(ii) omitted (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), 5(7)(b)(iii)

F27 Words in Art. 7(b) substituted (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), 5(7)(c)

Article 8 U.K. Aquaculture animals and products thereof leaving [F28 a constituent GB territory, zone or compartment] subject to disease control measures, including eradication programmes

1. [F29 Where consent has been granted by the competent authority in accordance with regulation 24(3) or 28(2) of the Aquatic Animal Health Regulations, consignments] of aquaculture animals and products thereof leaving [F30 a constituent GB territory, a zone or a compartment] subject to the disease control measures provided for in [F31 Part 4 of those Regulations], shall be accompanied by an animal health certificate completed in accordance with the [F32 relevant model.]

F33 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. Consignments of aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities or restocking shall be accompanied by an animal health certificate completed in accordance with the [F34 relevant model], where they:

(a) are leaving a [F35 constituent GB territory], zone or compartment with an eradication programme F36 ...;

(b) are of species susceptible to one or more of the diseases, or vector species for one or more of the diseases, for which the eradication programme applies, as referred to in point (a).

3. Consignments of aquaculture animals and products thereof intended for further processing, purification centres, dispatch centres or similar businesses before human consumption shall be accompanied by an animal health certificate completed in accordance with the [F37 relevant model], where they:

(a) are leaving a [F38 constituent GB territory], zone or compartment with an eradication programme F39 ...;

(b) are of species susceptible to one or more of the diseases for which the eradication programme applies, as referred to in point (a).

4. This Article shall not apply to:

(a) fish which have been slaughtered and eviscerated before dispatch;

(b) molluscs or crustaceans which are intended for human consumption and packed and labelled for that purpose in accordance with Regulation (EC) No 853/2004, and which are:

(i)

non-viable, which means no longer able to survive as living animals if returned to the environment from which they were obtained; or

(ii)

intended for further processing without temporary storage at the place of processing;

(c) aquaculture animals or products thereof placed on the market for human consumption without further processing, provided that they are packed in retail-sale packages which comply with the provisions for such packages in Regulation (EC) No 853/2004.

Textual Amendments

F28 Words in Art. 8 heading substituted (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), 5(8)(a)

F29 Words in Art. 8(1) substituted (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), 5(8)(b)(i)(aa)

F30 Words in Art. 8(1) substituted (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), 5(8)(b)(i)(bb)

F31 Words in Art. 8(1) substituted (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), 5(8)(b)(i)(cc)

F32 Words in Art. 8(1) substituted (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), 5(8)(b)(i)(dd)

F33 Art. 8(1)(a)(b) omitted (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), 5(8)(b)(ii)

F34 Words in Art. 8(2) substituted (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), 5(8)(c)(i)

F35 Words in Art. 8(2)(a) substituted (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), 5(8)(c)(ii)(aa)

F36 Words in Art. 8(2)(a) omitted (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), 5(8)(c)(ii)(bb)

F37 Words in Art. 8(3) substituted (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), 5(8)(c)(i)

F38 Words in Art. 8(3)(a) substituted (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), 5(8)(c)(ii)(aa)

F39 Words in Art. 8(3)(a) omitted (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), 5(8)(c)(ii)(bb)

[F40 Article 8a U.K. Aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking in [F41 areas listed in Schedule 1 to the Aquatic Animal Health Regulations]

1. Consignments of aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities, or restocking shall be accompanied by an animal health certificate completed in accordance with the [F42 relevant model], where the animals:

(a) are introduced into [F43 constituent GB territory or part] the table set out in:

(i)

[F44 Schedule 1 to the Aquatic Animal Health Regulations] as free of one or more of the diseases listed in the first column of that table; or

(ii)

F45 ...

(iii)

F45 ...

(b) are of species which are listed in Part C of Annex II as species susceptible to the diseases, for which the [F46 constituent GB territory] concerned or part thereof is regarded as disease-freeF47 ....

2. Consignments of animals referred to in paragraph 1 shall comply with the animal health requirements set out in the [F48 relevant model].

3. Paragraph 1 and 2 shall apply to consignments of fish of any species originating from waters where species listed in Part C of Annex II as species susceptible to infection with Gyrodactylus salaris , are present, where those consignments are intended for [F49 a constituent GB territory] or part thereof listed in [F50 Schedule 1 to the Aquatic Animal Health Regulations] as free of Gyrodactylus salaris (GS).]

Textual Amendments

F40 Inserted by Commission Regulation (EU) No 346/2010 of 15 April 2010 amending Regulation (EC) No 1251/2008 as regards the placing on the market and import requirements for consignments of aquaculture animals intended for Member States or parts thereof with national measures approved by Decision 2010/221/EU (Text with EEA relevance).

F41 Words in Art. 8a heading substituted (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), 5(9)(a)

F42 Words in Art. 8a(1) substituted (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), 5(9)(b)(i)

F43 Words in Art. 8a(1)(a) substituted (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), 5(9)(b)(ii)(aa)

F44 Words in Art. 8a(1)(a)(i) substituted (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), 5(9)(b)(ii)(bb)

F45 Art. 8a(1)(a)(ii)(iii) omitted (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), 5(9)(b)(ii)(cc)

F46 Words in Art. 8a(1)(b) substituted (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), 5(9)(b)(iii)(aa)

F47 Words in Art. 8a(1)(b) omitted (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), 5(9)(b)(iii)(bb)

F48 Words in Art. 8a(2) substituted (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), 5(9)(c)

F49 Words in Art. 8a(3) substituted (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), 5(9)(d)(i)

F50 Words in Art. 8a(3) substituted (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), 5(9)(d)(ii)

F51 Article 8b U.K. Live molluscs intended for dispatch centres, purification centres or similar businesses before human consumption in Member States and parts thereof with national measures approved by Decision 2010/221/EU

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F51 Art. 8b omitted (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), 5(10)

Article 9 U.K. Introduction of aquaculture animals after inspection

Where this Chapter provides that an inspection is required prior to the issue of an animal health certificate, live aquaculture animals of species susceptible to one or more of the diseases, or vector species for one or more of the diseases, referred to in that certificate, shall not be introduced into the farm or mollusc farming area during the period between such inspection and the loading of the consignment.

CHAPTER IV U.K. CONDITIONS FOR IMPORTS

[F52 Article A10 U.K. Application of Chapter IV

This Chapter only applies to movements into Great Britain from a third country.]

Textual Amendments

F52 Art. A10 inserted (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), 5(11)

Article 10 U.K. Aquaculture animals intended for farming, relaying areas, put and take fisheries and open ornamental facilities

1. Aquaculture animals intended for farming, relaying areas, put and take fisheries and open ornamental facilities shall only be imported into [F53 Great Britain] from third countries, territories, zones or compartments listed in Annex III.

2. Consignments of the aquaculture animals referred to in paragraph 1 shall:

(a) be accompanied by an animal health certificate completed in accordance with the [F54 relevant model];

(b) comply with the animal health requirements set out in the [F55 relevant model].

Textual Amendments

F53 Words in Art. 10(1) substituted (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), 5(12)(a)

F54 Words in Art. 10(2)(a) substituted (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), 5(12)(b)

F55 Words in Art. 10(2)(b) substituted (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), 5(12)(b)

Article 11 U.K. Ornamental aquatic animals intended for closed ornamental facilities

1. Ornamental fish of species susceptible to one or more of the diseases listed in [F56 Annex 1A] and intended for closed ornamental facilities shall only be imported into [F57 Great Britain] from third countries, territories, zones or compartments listed in Annex III to this Regulation.

[F58 2. Ornamental fish which are not of [F59 species susceptible] to any of the diseases listed in [F60 Annex 1A], and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities, shall only be imported into [F61 Great Britain] from third countries or territories that:

(a) are members of the World Organisation for Animal Health (OIE); or

(b) are listed in Annex III and have a formal agreement with the OIE to regularly submit information concerning their animal health status to the members of that organisation.]

3. Consignments of the animals referred to in paragraphs 1 and 2 shall:

(a) be accompanied by an animal health certificate completed in accordance with the [F62 relevant model]; and

(b) comply with the animal health requirements set out in the [F63 relevant model].

Textual Amendments

F56 Words in Art. 11(1) substituted (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), 5(13)(a)(i)

F57 Words in Art. 11(1) substituted (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), 5(13)(a)(ii)

F58 Substituted by Commission Regulation (EC) No 719/2009 of 6 August 2009 amending Regulation (EC) No 1251/2008 as regards the list of third countries and territories from which certain crustaceans and ornamental aquatic animals may be imported into the Community (Text with EEA relevance).

F59 Words in Art. 11(2) substituted (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), 5(13)(b)

F60 Words in Art. 11(2) substituted (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), 5(13)(a)(i)

F61 Words in Art. 11(2) substituted (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), 5(13)(a)(ii)

F62 Words in Art. 11(3)(a) substituted (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), 5(13)(c)

F63 Words in Art. 11(3)(b) substituted (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), 5(13)(c)

Article 12 U.K. Aquaculture animals and products thereof intended for human consumption

1. Aquaculture animals and products thereof intended for human consumption shall only be imported into [F64 Great Britain] from third countries, territories, zones or compartments which are included on a list drawn up in accordance with [F65 Articles 126 and 127 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].

2. Consignments of the animals and products referred to in paragraph 1 shall:

(a) be accompanied by a joint public and animal health certificate completed in accordance with the relevant [F66 model]; and

(b) comply with the animal health requirements and notes set out in the [F67 relevant model].

3. This Article shall not apply where the aquaculture animals are intended for relaying areas or re-immersion into [F68 waters within, and territorial waters adjacent to, Great Britain,] in which case Article 10 shall apply.

Textual Amendments

F64 Words in Art. 12(1) substituted (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), 5(14)(a)(i)

F65 Words in Art. 12(1) substituted (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), 5(14)(a)(ii)

F66 Word in Art. 12(2)(a) substituted (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), 5(14)(b)

F67 Words in Art. 12(2)(b) substituted (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), 5(14)(c)

F68 Words in Art. 12(3) substituted (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), 5(14)(d)

Article 13 U.K. Electronic certification

Electronic certification and other agreed systems F69 ... may be used for the certificates and attestations provided for in this Chapter.

Textual Amendments

F69 Words in Art. 13 omitted (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), 5(15)

Article 14 U.K. Transport of aquaculture animals

1. Aquaculture animals for import into [F70 Great Britain] shall not be transported under conditions that may alter their health status. In particular they shall not be transported in the same water or micro-container as aquatic animals which are of a lower health status or which are not intended for import into the Community.

2. During transportation to [F70 Great Britain], the aquaculture animals shall not be unloaded from their micro-container and the water in which they are transported shall not be changed in the territory of a third country which is not approved for import of such animals into [F70 Great Britain] or which has a lower health status than the place of destination.

3. Where consignments of aquaculture animals are transported by sea to [F70 Great Britain] F71 ..., an addendum for transport of live aquaculture animals by sea, completed in accordance with the [F72 relevant model], shall be attached to the relevant animal health certificate.

Textual Amendments

F70 Words in art. 14(1)-(3) substituted (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), 5(16)(a)

F71 Word in Art. 14(3) omitted (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), 5(16)(b)(i)

F72 Words in Art. 14(3) substituted (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), 5(16)(b)(ii)

Article 15 U.K. Requirements for the release of aquaculture animals and products thereof and for transport water

1. Aquaculture animals and products thereof imported into [F73 Great Britain] and intended for human consumption shall be handled appropriately to avoid contamination of natural waters in [F73 Great Britain].

2. Aquaculture animals imported into [F74 Great Britain] shall not be released into the wild within the Community, unless authorised by the competent authority of the place of destination.

The competent authority may only grant authorisations where the release does not jeopardise the health status of the aquatic animals at the place of release and it shall ensure that appropriate risk-mitigating measures are taken.

3. Transport water from imported consignments of aquaculture animals and products thereof shall be handled appropriately to avoid contamination of natural waters in [F75 Great Britain].

Textual Amendments

F73 Words in Art. 15(1) substituted (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), 5(17)

F74 Words in Art. 15(2) substituted (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), 5(17)

F75 Words in Art. 15(3) substituted (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), 5(17)

CHAPTER V U.K. CONDITIONS FOR TRANSIT

Article 16 U.K. Transit and storage

Consignments of live aquaculture animals, fish eggs and un-eviscerated fish which are introduced into [F76 Great Britain], but intended for a third country, either by transit immediately through [F76 Great Britain], or after storage in [F76 Great Britain], shall comply with the requirements laid down in Chapter IV. The certificate, which accompanies the consignments, shall bear the words ‘for transit through [F77 Great Britain]’. The consignments shall also be accompanied by a certificate required by the third country of destination.

However, where those consignments are intended for human consumption, they shall be accompanied by an animal health certificate completed in accordance with the [F78 relevant model].

Textual Amendments

F76 Words in Art. 16 substituted (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), 5(18)(a)(i)

F77 Words in Art. 16 substituted (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), 5(18)(a)(ii)

F78 Words in Art. 16 substituted (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), 5(18)(b)

F79 Article 17 U.K. Derogation for transit through Latvia, Lithuania and Poland

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Textual Amendments

F79 Art. 17 omitted (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), 5(19)

F80 CHAPTER VI U.K. GENERAL, TRANSITIONAL AND FINAL PROVISIONS

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Textual Amendments

F80 Ch. 6 omitted (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), 5(20)

F81 ...

Textual Amendments

F81 Words in Signature omitted (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), 5(21)