Commission Decision of 12 December 2008 implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals (notified under document number C(2008) 7905) (Text with EEA relevance) (2008/946/EC)

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

Article 1 U.K. Subject matter and scope

This Decision lays down the requirements for the quarantine, which is provided for in:

(a)

[F1 Part 3A of the Aquatic Animal Health Regulations;]

(b)

Chapter IV of Regulation (EC) No 1251/2008 F2 ....

Textual Amendments

F1 Art. 1(a) 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), 8(2)(a)

F2 Words in Art. 1(b) 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), 8(2)(b)

Article 2 U.K. Definitions

For the purposes of this Decision, the following definitions shall apply:

1.

‘quarantine facility’ means a facility:

(a)

in which quarantine of aquaculture animals is carried out;

(b)

which contains one or more quarantine units; and

(c)

which is authorised and registered by a competent authority, within the meaning of [F3 Article 3(4) 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], as a quarantine facility F4 ... and which complies with the minimum conditions for quarantine facilities set out in Annex I to this Decision;

2.

‘quarantine unit’ means an operationally and physically separated unit of a quarantine facility, which only contains aquaculture animals of the same consignment, with the same health status, and, when appropriate, sentinel aquaculture animals;

3.

‘sentinel aquaculture animals’ means aquaculture animals which are to be used as a diagnostic aid during quarantine;

4.

‘listed diseases’ means the diseases listed in [F5 Annex 1A to Regulation 1251/2008];

5.

‘approved qualified aquatic animal health professional’ means a qualified aquatic animal health professional designated by the competent authority to carry out specific official controls on quarantine facilities on its behalf.

6.

[F6 “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, the Welsh Ministers;

(b)

in relation to Wales, the Welsh Ministers;

7.

“the Aquatic Animal Health Regulations” means—

(a)

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

(b)

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

8.

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

9.

“Regulation (EC) No 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;

10.

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

11.

[F7 “susceptible species”, in relation to a disease, means a species listed in a document published by the appropriate authority under Article 3a(1) of Regulation (EC) No 1251/2008 as susceptible to that disease;

12.

“vector species”, in relation to a disease, means a species listed as a vector of that disease in a document published by the appropriate authority under Article 3(1) of Regulation (EC) No 1251/2008 that fulfils the conditions set out in that document.]

Textual Amendments

F3 Words in Art. 2(1)(c) 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), 8(3)(a)(i)

F4 Words in Art. 2(1)(c) 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), 8(3)(a)(ii)

F5 Words in Art. 2(4) 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), 8(3)(b)

F6 Art. 2(6)-(10) 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), 8(3)(c)

F7 Art. 2(11)(12) inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 4

CHAPTER II U.K. QUARANTINE OF AQUACULTURE ANIMALS IN THIRD COUNTRIES

Article 3 U.K. Conditions for imports

Where quarantine is a condition for imports into [F8 Great Britain] of consignments of aquaculture animals in accordance with Chapter IV of Regulation (EC) No 1251/2008, such consignments shall only be imported into [F8 Great Britain] if the conditions laid down in this Chapter are complied with.

Textual Amendments

F8 Words in Art. 3 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), 8(4)

Article 4 U.K. Quarantine conditions in third countries

1. The quarantine must have been carried out in a quarantine facility as referred to in Article 2(1)(c).

2. The quarantine facility must be under the control of the competent authority and that authority must:

(a) visit the premises of the quarantine facility at least once a year;

(b) ensure that the quarantine facility meets the conditions set out in this Decision;

(c) audit the activity of the approved qualified aquatic animal health professional; and

(d) verify that the conditions under which the authorisation was granted remain fulfilled.

3. The aquaculture animals must have been subject to the quarantine provisions laid down in the following Articles:

(a) in the case of susceptible species, Articles 13, 14 and 15;

(b) in the case of vector species, Articles 16 and 17.

4. The aquaculture animals must only be released from quarantine on written authorisation by the competent authority.

Article 5 U.K. Authorisation of quarantine facilities in third countries

1. In order to be authorised by the competent authority, quarantine facilities must comply with:

[F9 (a) provisions which are at least equivalent to the authorisation conditions laid down in—

(i) if the consignment is intended for a destination in England or Wales, Part 2 of the Aquatic Animal Health (England and Wales) Regulations) 2009;

(ii) if the consignment is intended for a destination in Scotland, Part 2 of the Aquatic Animal Health (Scotland) Regulations 2009.]

(b) the minimum conditions for quarantine facilities set out in Annex I to this Decision.

2. Each authorised quarantine facility must be assigned a registration number.

3. A list of authorised quarantine facilities must be drawn up [F10 by the competent authority] and communicated to [F11 the appropriate authority].

Textual Amendments

F9 Art. 5(1)(a) 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), 8(5)(a)

F10 Words in Art. 5(3) 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), 8(5)(b)(i)

F11 Words in Art. 5(3) 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), 8(5)(b)(ii)

Article 6 U.K. Suspension and withdrawal of authorisation of quarantine facilities in third countries

1. Where the competent authority has received notification that the presence of listed disease(s) is suspected in a quarantine facility, it must:

(a) immediately suspend the authorisation of that facility;

(b) ensure that the measures necessary to confirm or rule out the suspicion are taken in accordance with point 3 of Annex II.

2. A suspension pursuant to paragraph 1 must not be removed until:

(a) the suspicion of the relevant listed disease(s) has been officially ruled out; or

(b) the eradication of the relevant listed disease(s) in the quarantine facility is successfully completed and the relevant quarantine units are cleansed and disinfected.

3. The authorisation of a quarantine facility must be immediately withdrawn by the competent authority where the facility no longer complies with the conditions set out in Article 5(1).

The [F12 appropriate authority to which the competent authority communicated the list referred to in Article 5(3)] must be immediately informed thereof.

Textual Amendments

F12 Words in Art. 6(3) 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), 8(6)

[F13 Article 7 U.K. Lists of quarantine facilities

The appropriate authority which receives a new or updated list of quarantine facilities in accordance with Article 5(3) must provide a copy to each other authority which in relation to any constituent part of Great Britain is the appropriate authority and make the list available to the public.]

Textual Amendments

F13 Art. 7 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), 8(7)

CHAPTER III U.K. QUARANTINE OF AQUACULTURE ANIMALS IN [F14 GREAT BRITAIN]

Article 8 U.K. Attestation

1. Where consignments of aquaculture animals imported [F15 from a third country] are intended for quarantine in [F16 Great Britain], the importer or his agent shall provide a written attestation signed by the person responsible for the quarantine facility confirming that the aquaculture animals will be accepted for quarantine.

2. The attestation provided for in paragraph 1 shall:

[F17 (a) be drawn up in English or, where drawn up in another language, accompanied by a translation into English;]

(b) include the registration number of the quarantine facility.

3. The attestation provided for in paragraph 1 shall:

(a) reach the border inspection post before the arrival of the consignment; or

(b) be presented to the border inspection post by the importer or his agent before the aquaculture animals are released from that post.

Textual Amendments

F15 Words in Art. 8(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), 8(9)(a)(i)

F16 Words in Art. 8(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), 8(9)(a)(ii)

F17 Art. 8(2)(a) 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), 8(9)(b)

Article 9 U.K. Direct transport of aquaculture animals to quarantine facilities

Where consignments of aquaculture animals imported [F18 from a third country] are intended for quarantine in [F19 Great Britain], they shall be transported directly from the border inspection post to the quarantine facility.

When vehicles are used for that transport they shall be sealed by the official veterinarian of the border inspection post with a tamper proof seal.

Textual Amendments

F18 Words in Art. 9 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), 8(10)(a)

F19 Words in Art. 9 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), 8(10)(b)

Article 10 U.K. Monitoring of transport of aquaculture animals

1. Where consignments of aquaculture animals imported [F20 from a third country] are intended for quarantine in [F21 Great Britain]:

(a) the official veterinarian of the border inspection post shall notify the competent authority of the quarantine facility within one working day of the date of arrival of the consignment at the border inspection post, of the place of origin and the place of destination of the consignment via the [F22 appropriate computerised information management system];

(b) the person responsible for the quarantine facility shall notify, within one working day of the date of arrival of the consignment at the quarantine facility, the competent authority of that facility of the arrival of the consignment;

(c) the competent authority of the quarantine facility shall notify via the [F23 appropriate computerised information management system], within three working days of the date of arrival of the consignment at that facility, the official veterinarian of the border inspection post which notified it of the shipment of the consignment as referred to in point (a), of the arrival of the consignment.

2. If confirmation is provided to the competent authority of the border inspection post, that the aquaculture animals declared as being intended for a quarantine facility in [F24 Great Britain] have not arrived at their destination within three working days of the estimated date of arrival, the competent authority shall take appropriate measures.

Textual Amendments

F20 Words in Art. 10(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), 8(11)(a)(i)(aa)

F21 Words in Art. 10(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), 8(11)(a)(i)(bb)

F22 Words in Art. 10(1)(a) 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), 8(11)(a)(ii)

F23 Words in Art. 10(1)(c) 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), 8(11)(a)(iii)

F24 Words in Art. 10(2) 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), 8(11)(b)

Article 11 U.K. Quarantine conditions in [F25 Great Britain]

Where quarantine in [F26 Great Britain] is a condition for the placing on the market of consignments of aquaculture animals in accordance with [F27 Part 3A of the Aquatic Animal Health Regulations] or for imports of such consignments into [F26 Great Britain] in accordance with Chapter IV of Regulation (EC) No 1251/2008, the consignments shall comply with the following conditions:

(a)

the quarantine period must be carried out in the same quarantine facility in [F28 Great Britain];

(b)

the aquaculture animals must be subject to the quarantine provisions laid down in the following Articles:

(i)

in the case of susceptible species, Articles 13, 14 and 15;

(ii)

in the case of vector species, Articles 16 and 17;

(c)

the aquaculture animals must only be released from quarantine on written authorisation by the competent authority.

Textual Amendments

F25 Words in Art. 11 heading 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), 8(12)(a)

F26 Words in Art. 11 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), 8(12)(b)(i)

F27 Words in Art. 11 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), 8(12)(b)(ii)

F28 Words in Art. 11(a) 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), 8(12)(c)

Article 12 U.K. Measures in case of suspicion or confirmation of listed disease(s)

1. If during quarantine, the presence of disease(s) is suspected in the quarantine facility, the competent authority shall:

(a) take and analyse appropriate samples in accordance with point 3 of Annex II;

(b) ensure that, pending the laboratorial results, no aquaculture animals are moved into or out of the quarantine facility.

2. If during quarantine, the presence of the relevant listed disease(s) is confirmed, the competent authority shall ensure that:

(a) all aquaculture animals in the quarantine units concerned are removed and disposed of, taking into account the risk of spreading the relevant listed disease(s);

(b) the quarantine units concerned are cleansed and disinfected;

(c) no aquaculture animals are moved into the quarantine units concerned during a period of 15 days following the final cleansing and disinfection;

(d) water in the quarantine units concerned is treated in a manner that effectively inactivates the infectious agent responsible for the relevant listed disease(s).

3. By way of derogation from paragraph 2(a), the competent authority may authorise the placing on the market of the aquaculture animals kept in the quarantine facility and products thereof provided that the health status of the aquatic animals at the place of destination with regard to the relevant listed disease(s) is not jeopardised.

F29 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Art. 12(4) 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), 8(13)

Textual Amendments

F14 Words in Ch. 3 heading 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), 8(8)

CHAPTER IV U.K. QUARANTINE PROVISIONS

SECTION 1 U.K. Susceptible species

Article 13 U.K. Duration of quarantine for susceptible species

1. Fish shall be quarantined for at least 60 days.

2. Crustaceans shall be quarantined for at least 40 days.

3. Molluscs shall be quarantined for at least 90 days.

Article 14 U.K. Examination, sampling, testing and diagnosis

1. To demonstrate the absence of the relevant listed disease(s), the examination, sampling, testing and diagnosis referred to in Annex II shall be carried out with negative results.

2. Sentinel aquaculture animals may be used for the examination, sampling, testing and diagnosis, except where species susceptible to infection with Marteilia refringens are quarantined.

3. The competent authority shall determine the number of sentinel aquaculture animals to be used, taking into account the number of aquaculture animals kept, the size of the quarantine unit, and the characteristics of the relevant listed disease(s) and species.

4. Sentinel aquaculture animals shall be:

(a) of species susceptible to the relevant listed disease(s) and, where possible and taking into account their living conditions, being at the most susceptible life stages;

(b) sourced from a [F30 a constituent GB territory], zone or compartment, or from a third country or part thereof declared free of the relevant listed disease(s);

(c) unvaccinated against the relevant listed disease(s);

(d) placed in the quarantine unit immediately before or upon arrival of the aquaculture animals to be quarantined and kept in contact with those animals and under the same zootechnical and environmental conditions.

Textual Amendments

F30 Words in Art. 14(4)(b) 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), 8(14)

Article 15 U.K. Inspection

The competent authority shall inspect the conditions of the quarantine at least at the beginning and the end of the quarantine period of each consignment of aquaculture animals.

When the competent authority carries out such inspections, it shall:

(a)

ensure that the environmental conditions conducive to the laboratorial detection of the relevant listed disease(s) are present;

(b)

examine the mortality records during the quarantine;

(c)

where relevant, check the aquaculture animals in the quarantine units.

SECTION 2 U.K. Vector species

Article 16 U.K. Quarantine provisions applicable to vector species

1. Vector species shall be quarantined for at least 30 days.

2. The water of the quarantine unit shall be exchanged at least once a day.

Article 17 U.K. Inspection

The competent authority shall inspect the conditions of the quarantine at least at the beginning and the end of the quarantine period of each consignment of aquaculture animals.

When the competent authority carries out such inspections, it shall:

(a)

examine the mortality records during the quarantine;

(b)

where relevant, check the aquaculture animals in the quarantine units.

F31 CHAPTER V U.K. FINAL PROVISIONS

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

Textual Amendments

F31 Ch. 5 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), 8(15)

Done at Brussels, 12 December 2008.

For the Commission

Androulla Vassiliou

Member of the Commission