Commission Decision of 31 October 2008 implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments (notified under document number C(2008) 6264) (Text with EEA relevance) (2009/177/EC)

[F1 Article A1 U.K. Interpretation

[F2 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 Scotland, by the Scottish Ministers;

(ii) in respect of functions exercisable in relation to Wales, by the Welsh 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) “Decision 2015/1554” means 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;

(e) “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.]

[F3 2. In this Decision an animal is of a species susceptible to a disease 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

F1 Art. A1 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), 9(2)

F2 Words in Art. A1 renumbered as Art. A1(1) (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 5(2)(a)

F3 Art. A1(2) inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 5(2)(b)

F4 SECTION 1 U.K. SUBMISSION OF SURVEILLANCE PROGRAMMES AND DISEASE-FREE STATUS DECLARATIONS FOR APPROVAL

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Textual Amendments

F4 Section 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), 9(3)

SECTION 2 U.K. [F5 AREAS FREE OF NON-EXOTIC DISEASES]

[F6 Article 2a U.K. Non-exotic disease-free status for a constituent GB territory

1. The appropriate authority for a constituent GB territory may declare that territory free of one or more of the non-exotic diseases listed in Annex 1A to Regulation 1251/2008 if—

(a) the conditions in paragraph 2 and, where applicable, paragraph 3 are met; and

(b) the requirements for surveillance, buffer zones, sampling and diagnostic methods set out in Decision (EU) 2015/1554 have been met.

2. The first condition is that—

(a) none of the species susceptible to the disease in question are present in the constituent GB territory;

(b) the pathogen is known not to be able to survive in the constituent GB territory and its water source; or

(c) the conditions in Part 1 of Annex 5 to Directive 2006/88/EC are met.

3. Where adjoining constituent GB territories or water catchment areas shared with a neighbouring constituent GB territory are not declared disease-free, the second condition is that appropriate buffer zones have been established to protect the disease-free territory from passive introduction of the disease.

Textual Amendments

F6 Arts. 2a-2d 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), 9(5)

Article 2b U.K. Non-exotic disease-free status for a zone or compartment

1. The appropriate authority may declare a zone or compartment free of one or more of the non-exotic diseases listed in Annex 1A to Regulation 1251/2008 if—

(a) the condition in paragraph 2 is met; and

(b) the requirements for surveillance, buffer zones, sampling and diagnostic methods set out in Decision (EU) 2015/1554 have been met.

2. The first condition is that—

(a) none of the species susceptible to the disease in question are present in the zone or compartment;

(b) the pathogen is known not to be able to survive in the zone or compartment and, where relevant, its water source; or

(c) the conditions in Part 2 of Annex 5 to Directive 2006/88/EC are met.

Textual Amendments

F6 Arts. 2a-2d 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), 9(5)

Article 2c U.K. Maintenance of non-exotic disease-free status

Where a constituent GB territory is declared free from one or more non-exotic diseases listed in Annex 1A to Regulation 1251/2008 in accordance with Article 2a, the appropriate authority may discontinue targeted surveillance and maintain its disease-free status provided that the conditions conducive to clinical expression of the disease in question exist.

However, for disease-free zones or compartments in a constituent GB territory not declared disease-free, and in all cases where conditions are not conducive to clinical expression of the disease in question, targeted surveillance shall be continued in accordance with the methods provided for in Decision 2015/1554, but at a level commensurate with the degree of risk.

Textual Amendments

F6 Arts. 2a-2d 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), 9(5)

Article 2d U.K. Suspension and restoration of disease-free status

1. Where the appropriate authority has reason to believe that any of the conditions for maintaining disease-free status are no longer met in respect of their constituent GB territory, zone or compartment, the appropriate authority must apply the provisions of Part 4 of the Aquatic Animal Health Regulations.

2. Where the epizootic investigation required by Part 4 of the Aquatic Animal Health Regulations confirms that the conditions for maintaining disease-free status are still met, the disease-free status of the constituent GB territory, zone or compartment may be restored.

3. Where the epizootic investigation confirms a significant likelihood that infection has occurred, the disease-free status of the constituent GB territory, zone or compartment must be withdrawn. The requirements laid down in Annex 5 to Directive 2006/88/EC must be complied with before disease-free status is restored.]

Textual Amendments

F6 Arts. 2a-2d 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), 9(5)

Textual Amendments

F5 Section 2 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), 9(4)

[F7 SECTION 2A U.K. AREAS FREE OF EXOTIC DISEASE]

[F8 Article 2e U.K. Exotic disease-free status

1. The appropriate authority for a constituent GB territory may declare that territory, or a zone or compartment thereof, free of one or more of the exotic diseases listed in Annex 1A to Regulation 1251/2008 if the condition in paragraph 2 is met.

2. The condition is that—

(a) none of the species susceptible to the disease in question are present in the constituent GB territory, zone or compartment;

(b) the pathogen is known not to be able to survive in the constituent GB territory, zone or compartment and its water source;

(c) susceptible species are present, but there has not been any observed occurrence of the disease in the constituent GB territory, zone or compartment for at least ten years; or

(d) the last known occurrence was within the last ten years, but targeted surveillance has not detected the disease on a farm, or in a mollusc farming area, that rears any of the susceptible species.

Textual Amendments

F8 Arts. 2e, 2f 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), 9(5)

Article 2f U.K. Suspension and restoration of exotic disease-free status

1. Where the appropriate authority has reason to believe that the condition for maintaining exotic disease-free status is no longer met in respect of their constituent GB territory, zone or compartment, the appropriate authority must undertake an investigation.

2. Where the investigation required by paragraph 1 confirms that the condition for maintaining exotic disease-free status is still met, the disease-free status of the constituent GB territory, zone or compartment may be restored.

3. Where the investigation confirms a significant likelihood that infection has occurred, the exotic disease-free status of the constituent GB territory, zone or compartment must be withdrawn until the condition in Article 2e(2) is once again met.]

Textual Amendments

F8 Arts. 2e, 2f 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), 9(5)

F9 Article 3 U.K. Member States, zones and compartments subject to approved surveillance programmes

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Textual Amendments

F9 Art. 3 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), 9(6)

F10 Article 4 U.K. Member States, zones and compartments subject to approved eradication programmes

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Textual Amendments

F10 Art. 4 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), 9(6)

[F11 Article 5 U.K. Savings for declarations of disease-free status made before IP completion day

1. Subject to paragraph 2, declarations of disease-free status made before IP completion day which are listed in Part C of Annex 1 are to be treated as if—

(a) references to Great Britain were to the relevant constituent GB territory; and

(b) they had been made in accordance with Article 2a or 2b (as the case may be).

2. Paragraph 1 does not apply where, following IP completion day, disease-free status has been withdrawn in relation to any of the areas listed in Part C of Annex 1 in accordance with Article 2d.

3. The Internet-based information pages required by Article 10 are to be considered to be the definitive list of constituent GB territories, zones and compartments which are declared to be disease-free..]

Textual Amendments

F11 Art. 5 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), 9(7)

Textual Amendments

F7 Section 2A heading 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), 9(5)

F12 SECTION 3 U.K. MODEL FORMS FOR SUBMISSIONS OF DECLARATIONS AND APPLICATIONS

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Textual Amendments

F12 Section 3 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), 9(8)

SECTION 4 U.K. F13 ... INTERNET-BASED INFORMATION

F14 Article 9 U.K. Reporting

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Textual Amendments

F14 Art. 9 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), 9(10)

[F15 Article 10 U.K. Internet-based information pages

The appropriate authority must establish and keep up-to-date Internet-based information pages in order to make publicly available the list of constituent GB territories, zones or compartments declared to be disease-free.]

Textual Amendments

F15 Art. 10 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), 9(11)

Textual Amendments

F13 Words in Section 4 heading 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), 9(9)

F16 SECTION 5 U.K. TRANSITIONAL PROVISIONS

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Textual Amendments

F16 Section 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), 9(12)

F17 SECTION 6 U.K. FINAL PROVISIONS

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Textual Amendments

F17 Section 6 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), 9(12)