Commission Regulation (EC) No 1251/2008Show full title

Commission Regulation (EC) No 1251/2008

of 12 December 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

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals(1), and in particular Article 17(2), Articles 22 and 25 and Article 61(3) thereof,

Whereas:

(1) Directive 2006/88/EC lays down the animal health requirements to be applied for the placing on the market and the import and the transit through the Community of aquaculture animals and products thereof. Directive 2006/88/EC repeals and replaces Council Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products(2) from 1 August 2008.

(2) According to Directive 2006/88/EC aquaculture animal means any aquatic animal, including ornamental aquatic animals, at all its life stages, including eggs and sperm/gametes, reared in a farm or mollusc farming area, including any aquatic animal from the wild intended for a farm or mollusc farming area. Aquatic animals mean fish, molluscs and crustaceans.

(3) Commission Decision 1999/567/EC of 27 July 1999 laying down the model of the certificate referred to in Article 16(1) of Directive 91/67/EEC(3) and Commission Decision 2003/390/EC of 23 May 2003 establishing special conditions for placing on the market of aquaculture animals species considered not susceptible to certain diseases and the products thereof(4) lay down certain rules for the placing on the market of aquaculture animals, including certification requirements. Commission Decision 2003/804/EC of 14 November 2003 laying down the animal health conditions and certification requirements for imports of molluscs, their eggs and gametes for further growth, fattening, relaying or human consumption(5), Commission Decision 2003/858/EC of 21 November 2003 laying down the animal health conditions and certification requirements for introduction of live fish, their eggs and gametes intended for farming, and live fish of aquaculture origin and products thereof intended for human consumption(6) and Commission Decision 2006/656/EC of 20 September 2006 laying down the animal health conditions and certification requirements for imports of fish for ornamental purpose(7) lay down conditions for imports of aquaculture animals into the Community. Those Decisions implement Directive 91/67/EEC.

(4) Directive 2006/88/EC provides that the placing on the market of aquaculture animals is to be subject to animal health certification when the animals are introduced into a Member State, zone or compartment declared disease-free in accordance with that Directive or subject to a surveillance or eradication programme. Accordingly, it is appropriate to lay down certification requirements and harmonised model animal health certificates in this Regulation to replace the certification requirements laid down under Directive 91/67/EEC and the Decisions implementing that Directive.

(5) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(8) lays down specific rules on the hygiene of food of animal origin for food business operators, including packaging and labelling requirements. The animal health certification requirements provided for in the present Regulation for the placing on the market and import of aquaculture animals and products thereof intended for further processing before human consumption should not apply to those animals and products packed and labelled in accordance with Regulation (EC) No 853/2004, subject to certain conditions.

(6) Directive 2006/88/EC provides that Member States are to ensure that the placing on the market of ornamental aquatic animals does not jeopardise the health status of aquatic animals with regard to non-exotic diseases listed in Part II of Annex IV thereto.

(7) Ornamental aquatic animals placed on the market in the Community and intended for facilities without any direct contact with natural waters, namely closed ornamental facilities, do not pose the same risks to other sectors of Community aquaculture or to wild stocks. Accordingly, animal health certification should not be required under this Regulation for such animals.

(8) In order to provide Member States, where the entire territory, or certain zones or compartments thereof, are declared free of one of more of the non-exotic diseases for which ornamental aquatic animals are susceptible, with information on the movements into their territory of ornamental aquatic animals intended for closed ornamental facilities, it is appropriate that such movements are notified through the Traces system as provided for in Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(9) and introduced by Commission Decision 2004/292/EC of 30 March 2004 on the introduction of the Traces system(10).

(9) Movements within the Community from closed ornamental facilities to open ornamental facilities or into the wild, may represent a high risk to other sectors of Community aquaculture, and should not be allowed without the authorisation of the competent authorities of the Member States.

(10) Directive 2006/88/EC provides that Member States are to take certain minimum control measures in the event of confirmation of an exotic or non-exotic disease listed in Part II of Annex IV thereto in aquaculture animals or wild aquatic animals or in the case of emerging diseases. In addition, that Directive provides that Member States are to ensure that the placing on the market of aquaculture animals is subject to animal health certification when the animals are allowed to leave an area subject to those control measures.

(11) Accordingly, this Regulation should lay down animal health conditions and certification requirements for consignments of aquaculture animals and products thereof leaving Member States, zones or compartments subject to disease control measures.

(12) Directive 2006/88/EC provides that Member States are to ensure that aquaculture animals and products thereof are introduced into the Community only from third countries or parts thereof that appear on a list drawn up in accordance with that Directive.

(13) Imports into the Community of aquaculture animals should only be permitted from third countries that have animal health legislation and control system equivalent to those in the Community. Accordingly, this Regulation should establish a list of third countries, territories, zones or compartments, from which Member States are permitted to introduce into the Community aquaculture animals for farming, relaying areas, put and take fisheries and open ornamental facilities. However, the import into the Community of certain ornamental fish, molluscs and crustaceans intended for closed ornamental facilities should be permitted from third countries that are members of the World Organisation for Animal Health (OIE).

(14) Third countries and territories which are allowed to export to the Community aquaculture animals for human consumption based on public health considerations should also be allowed to export to the Community under the animal health provisions of this Regulation. Aquaculture animals and products thereof intended for human consumption should therefore only be imported into the Community from third countries, territories, zones or compartments which are included on a list drawn up in accordance with Article 11(1) of Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption(11).

(15) Such lists are set out in Annexes I and II to Commission Decision 2006/766/EC of 6 November 2006 establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted(12) and, for a transitional period until 31 December 2009, by Commission Regulation (EC) No 2076/2005 of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004(13). In the interest of consistency of Community legislation, those lists should be taken into account in this Regulation.

(16) Directive 2006/88/EC provides that import of aquaculture animals and products thereof are to be accompanied by a document containing an animal health certificate upon their entry into the Community. It is necessary to lay down in this Regulation in detail the animal health conditions for imports of aquaculture animals into the Community, including model animal health certificates, which should replace the import conditions laid down under Directive 91/67/EEC.

(17) Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation (EC) No 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004(14) lays down model health certificates for import of fishery products and of live bivalve molluscs intended for human consumption. In the interests of coherency of Community legislation, this Regulation should provide that those model health certificates accompany import of products covered by this Regulation.

(18) Ornamental aquatic animals, including fish, molluscs and crustaceans, are to a large extent introduced into the Community from third countries and territories. To protect the animal health status of ornamental facilities within the Community, it is necessary to lay down certain animal health requirements for the import of such animals.

(19) It is important to ensure that the animal health status of aquaculture animals imported into the Community is not jeopardised during transport to the Community.

(20) The release of imported aquaculture animals into the wild in the Community poses a particularly high risk to the animal health status of the Community, since the control and eradication of diseases in natural waters are difficult. Accordingly, such release should require a specific authorisation from the competent authority and only be authorised under the condition that appropriate measures are taken to secure the animal health status at the place of release.

(21) Aquaculture animals intended for transiting through the Community should comply with the same requirements as aquaculture animals intended for import into the Community.

(22) Specific conditions for transit via the Community of consignments to and from Russia should be provided for owing to the geographical situation of Kaliningrad which affects only Latvia, Lithuania and Poland. In the interests of consistency of Community legislation, Commission Decision 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission(15) and Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(16) should be taken into account in this Regulation.

(23) Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products(17) which lays down the rules to be observed in issuing veterinary certificates, should apply to animal health certificates issued under this Regulation.

(24) Article 17 of Directive 2006/88/EC provides that where scientific data or practical experience substantiates that species other than the susceptible species referred to in Part II of Annex IV to that Directive may be responsible for the transmission of a specific disease by acting as vector species, Member States are to ensure that where those species are introduced for farming or restocking purposes into a Member State, zone or compartment declared free of that specific disease, certain requirements provided for in the Directive are to be complied with. Article 17 of Directive 2006/88/EC also provides for the drawing up of a list of vector species. A list of vector species should therefore be adopted.

(25) The European Food Safety Authority (EFSA) has delivered three opinions on that issue: Scientific Opinion of the Panel on Animal Health and Welfare on a request from the European Commission on possible vector species and live stages of susceptible species not transmitting disease as regards certain fish diseases(18), Scientific Opinion of the Panel on Animal Health and Welfare on a request from the European Commission on possible vector species and live stages of susceptible species not transmitting disease as regards certain mollusc diseases(19), and Scientific Opinion of the Panel on Animal Health and Welfare on a request from the European Commission on possible vector species and live stages of susceptible species not transmitting disease as regards certain crustacean diseases(20).

(26) According to those scientific opinions, the likelihood of the transfer and establishment of the diseases listed in Directive 2006/88/EC by the potential vector species or groups of vector species assessed ranked from negligible/extremely low to moderate, under certain conditions. That assessment covered aquatic species which are used in aquaculture and traded for the purpose of farming.

(27) In drawing up the list of vector species, the EFSA opinions should be taken into account. In deciding which species should be included in that list, an appropriate level of protection of the animal health status of aquaculture animals in the Community should be ensured, while at the same time avoiding the introduction of unnecessary trade restrictions. Consequently, species which pose a moderate risk of disease transmission, according to those opinions, should be included in the list.

(28) Many of the species identified as possible vectors for certain diseases in the EFSA opinions, should only be regarded as such when they originate from an area where species susceptible to the disease in question are present and are intended for an area where those same susceptible species are also present. Accordingly, aquaculture animals of possible vector species should only be regarded as vector species for the purposes of Article 17 of Directive 2006/88/EC under such conditions.

(29) In the interest of clarity and coherence of Community legislation, Decisions 1999/567/EC, 2003/390/EC, 2003/804/EC, 2003/858/EC and 2006/656/EC should be repealed and replaced by this Regulation.

(30) It is appropriate to provide for a transitional period to permit Member States and industry to take the necessary measures to comply with the new requirements laid down in this Regulation.

(31) Bearing in mind the large trade flow of ornamental aquatic animals of species susceptible to epizootic ulcerative syndrome (EUS) and the need to carry out further studies on the risk of that disease to the ornamental aquatic animal industry, including a re-assessment of the list of susceptible species, an immediate interruption of import of ornamental fish species susceptible to EUS intended only for closed ornamental facilities should be avoided. It is therefore appropriate to introduce a transitional period as regards the requirements related to that disease for those consignments. A transitional period is also necessary in order to give third countries sufficient time to document freedom from that disease.

(32) The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

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 [F1 diseases, making provision for the publication by the appropriate authority of a list of vector and susceptible species];

(b)

[F2 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)

[F3 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 [F4 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 [F5 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 Words in Art. 1(a) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(2)

F2 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).

F3 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).

F4 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)

F5 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

[F6 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 [F7 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)

[F8 “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.]

[F9 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

F6 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)

F7 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)

F8 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)

F9 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)

[F10 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

F10 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. [F11 Provision for Vector and Susceptible Species]

[F12 Article 3 U.K. List of vector species

1. The appropriate authority may from time to time specify in a document published for the purposes of this article a list of vector species and the conditions under which those species are to be regarded as vectors of the diseases listed in Annex 1A.

2. Aquaculture animals of species listed in the document published under paragraph 1 shall only be regarded as vectors for the purposes of this Regulation where those animals fulfil the conditions set out in that document.]

Textual Amendments

F12 Art. 3 substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(4)

[F13 Article 3a U.K. List of susceptible species

1. The appropriate authority may from time to time specify in a document published for the purposes of this article a list of species susceptible to the diseases listed in Annex 1A.

2. Subject to paragraph 3, an aquaculture animal is to be regarded as of a species susceptible to a disease in this Regulation if it is of a species listed as susceptible to that disease in a document published under paragraph 1.

3. In Articles 8a and 9, an aquaculture animal is to be regarded as susceptible to a disease if it is of a species susceptible to a disease in accordance with the terms of those articles.]

Textual Amendments

F13 Art. 3a inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(5)

Textual Amendments

F11 Ch. 2 heading substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(3)

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

F14 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

F14 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)

[F15 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

F15 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 [F16 relevant model], where the animals:

(a)

are introduced into [F17 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 [F18 Annex 1A; or]

(ii)

subject to a surveillance or eradication programme F19 ...;

(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 [F20 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

F16 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)

F17 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)

F18 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)

F19 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)

F20 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 [F21 relevant model], where they:

(a) are introduced into [F22 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 [F23 Annex 1A; or]

(ii)

subject to a surveillance or eradication programme F24 ...;

(b) are of species susceptible to one or more of the diseases for which the [F25 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

F21 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)

F22 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)

F23 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)

F24 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)

F25 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 [F26 relevant model], where they:

(a)

are introduced into [F27 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 [F28 Annex 1A; or]

(ii)

subject to a surveillance or eradication programme F29 ...;

(b)

are of species susceptible to one or more of the diseases for which the [F30 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

F26 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)

F27 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)

F28 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)

F29 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)

F30 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 [F31 a constituent GB territory, zone or compartment] subject to disease control measures, including eradication programmes

1. [F32 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 [F33 a constituent GB territory, a zone or a compartment] subject to the disease control measures provided for in [F34 Part 4 of those Regulations], shall be accompanied by an animal health certificate completed in accordance with the [F35 relevant model.]

F36 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F36 (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 [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, 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 [F40 relevant model], where they:

(a) are leaving a [F41 constituent GB territory], zone or compartment with an eradication programme F42 ...;

(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

F31 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)

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)(aa)

F33 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)

F34 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)

F35 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)

F36 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)

F37 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)

F38 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)

F39 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)

F40 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)

F41 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)

F42 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)

[F43 Article 8a U.K. Aquaculture animals intended for farming, relaying areas, put and take fisheries, open ornamental facilities and restocking in [F44 areas listed [F45 under powers conferred by] 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 [F46 relevant model], where the animals:

[F47 (a) are introduced into a constituent GB territory or part thereof that is listed in a document published by the appropriate authority under regulation 3B of the Aquatic Animal Health Regulations as free of one or more of the diseases listed in Schedule 1 to those Regulations;]

(b) are of species which are listed in [F48 a document published by the appropriate authority under regulation 3B of the Aquatic Animal Health Regulations as species susceptible to a disease listed in that document], for which the [F49 constituent GB territory] concerned or part thereof is regarded as disease-freeF50 ....

2. Consignments of animals referred to in paragraph 1 shall comply with the animal health requirements set out in the [F51 relevant model].

[F52 3. Paragraph 1 and 2 shall apply to consignments of fish of any species originating from waters where species listed in a document published by the appropriate authority under regulation 3B of the Aquatic Animal Health Regulations as species susceptible to infection with Gyrodactylus salaris, are present, where those consignments are intended for a constituent GB territory or part thereof listed in a document published by the appropriate authority under regulation 3B of the Aquatic Animal Health Regulations as free of Gyrodactylus salaris (GS).]]

Textual Amendments

F43 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).

F44 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)

F45 Words in Art. 8a heading substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(6)(a)

F46 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)

F47 Art. 8a(1)(a) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(6)(b)

F48 Words in Art. 8a(1)(b) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(6)(c)

F49 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)

F50 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)

F51 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)

F52 Art. 8a(3) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(6)(d)

F53 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

F53 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

[F54 Article A10 U.K. Application of Chapter IV

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

Textual Amendments

F54 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 [F55 Great Britain] from [F56 third countries or territories listed in Annex 3, or zones or compartments of those third countries or territories set out in a list which the Secretary of State may, with the consent of the appropriate authority, publish from time to time].

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 [F57 relevant model];

(b) comply with the animal health requirements set out in the [F58 relevant model].

[F59 3. The list published by the Secretary of State under paragraph 1 may specify the aquaculture species permitted to enter Great Britain from the countries, territories, zones, or compartments referred to in paragraph 1.]

Textual Amendments

F55 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)

F56 Words in Art. 10(1) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(7)(a)

F57 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)

F58 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)

F59 Art. 10(3) inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(7)(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 [F60 Annex 1A] and intended for closed ornamental facilities shall only be imported into [F61 Great Britain] from [F62 third countries or territories listed in Annex 3, or zones or compartments of those third countries or territories, set out in a list which the Secretary of State may, with the consent of the appropriate authority, publish from time to time].

[F63 2. Ornamental fish which are not of [F64 species susceptible] to any of the diseases listed in [F65 Annex 1A], and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities, shall only be imported into [F66 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 [F67 relevant model]; and

(b) comply with the animal health requirements set out in the [F68 relevant model].

[F69 4. The list published by the Secretary of State under paragraph 1 may specify the aquaculture species permitted to enter Great Britain from the countries, territories, zones, or compartments referred to in paragraph 1.]

Textual Amendments

F60 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)

F61 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)

F62 Words in Art. 11(1) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(8)(a)

F63 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).

F64 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)

F65 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)

F66 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)

F67 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)

F68 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)

F69 Art. 11(4) inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(8)(b)

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 [F70 Great Britain] from third countries, territories, zones or compartments which are included on a list drawn up in accordance with [F71 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 [F72 model]; and

(b) comply with the animal health requirements and notes set out in the [F73 relevant model].

3. This Article shall not apply where the aquaculture animals are intended for relaying areas or re-immersion into [F74 waters within, and territorial waters adjacent to, Great Britain,] in which case Article 10 shall apply.

Textual Amendments

F70 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)

F71 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)

F72 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)

F73 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)

F74 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 F75 ... may be used for the certificates and attestations provided for in this Chapter.

Textual Amendments

F75 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 [F76 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 [F76 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 [F76 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 [F76 Great Britain] F77 ..., an addendum for transport of live aquaculture animals by sea, completed in accordance with the [F78 relevant model], shall be attached to the relevant animal health certificate.

Textual Amendments

F76 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)

F77 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)

F78 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 [F79 Great Britain] and intended for human consumption shall be handled appropriately to avoid contamination of natural waters in [F79 Great Britain].

2. Aquaculture animals imported into [F80 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 [F81 Great Britain].

Textual Amendments

F79 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)

F80 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)

F81 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 [F82 Great Britain], but intended for a third country, either by transit immediately through [F82 Great Britain], or after storage in [F82 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 [F83 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 [F84 relevant model].

Textual Amendments

F82 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)

F83 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)

F84 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)

F85 Article 17 U.K. Derogation for transit through Latvia, Lithuania and Poland

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

Textual Amendments

F85 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)

F86 CHAPTER VI U.K. GENERAL, TRANSITIONAL AND FINAL PROVISIONS

Article 18 U.K. Certification requirements laid down in other Community legislation

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

Article 19 U.K. Repeal

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

Article 20 U.K.

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

Article 21 U.K. Entry into force

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

Textual Amendments

F86 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)

F87 ...

Textual Amendments

F87 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)

ANNEX I U.K.

F88 ...

Textual Amendments

F88 Annex 1 omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(9)

[F89 Annex 1A U.K. LISTED DISEASES

Textual Amendments

F89 Annex 1A 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(23)

Modifications etc. (not altering text)

C1 Power to amend Annex 1A conferred (31.12.2020) by The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/817), regs. 1, 6 (as amended by S.I. 2020/1463, regs. 1(2)(a), 5(6)); 2020 c. 1, Sch. 5 para. 1(1)

	DISEASE	F90 ...
EXOTIC DISEASES
FISH	Epizootic haematopoietic necrosis	F90 ...
MOLLUSCS	Infection with Bonamia exitiosa	F90 ...
	Infection with Perkinsus marinus	F90 ...
	Infection with Microcytos mackini	F90 ...
CRUSTACEANS	Taura syndrome	F90 ...
	Yellowhead disease	F90 ...
NON-EXOTIC DISEASES
FISH	Viral haemorrhagic septicaemia (VHS)	F90 ...
	Infectious haematopoietic necrosis (IHN)	F90 ...
	Koi herpes virus (KHV) disease	F90 ...
	Infectious salmon anaemia (ISA); infection with genotype HPR-deleted of the genus Isavirus (ISAV)	F90 ...
MOLLUSCS	Infection with Marteilia refringens	F90 ...
	Infection with Bonamia ostreae	F90 ...
CRUSTACEANS	White spot disease	F90 ...]

Textual Amendments

F90 Words in Annex 1A table omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(10)

F91 ANNEX II U.K.

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

Textual Amendments

F91 Annex 2 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(24)

[F92 ANNEX III U.K. List of third countries, territories, zones or compartments (21) (referred to in Article 10(1) and Article 11)

Textual Amendments

F92 Substituted by Commission Implementing Regulation (EU) No 1012/2012 of 5 November 2012 amending Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 as regards the list of vector species, the health requirements and the certification requirements concerning epizootic ulcerative syndrome and as regards the entry for Thailand in the list of third countries from which imports of certain fish and fishery products into the Union are permitted (Text with EEA relevance).

Modifications etc. (not altering text)

C2 Annex 3: power to amend conferred (31.12.2020) by The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/817), regs. 1, 7 (as amended by S.I. 2020/1463, regs. 1(2)(a), 5(7)); 2020 c. 1, Sch. 5 para. 1(1)

a Apply to all fish species.
b Apply only to Cyprinidae .
c Apply not to fish species susceptible to or vector species for viral haemorrhagic septicaemia according to [F93 Annex 1A]
d Apply only to fish species susceptible to or vector species for viral haemorrhagic septicaemia according to Part II of Annex IV to Directive 2006/88/EC.
e Provisional code that does not prejudice in any way the definitive denomination for this country, which will be agreed following the conclusion of the negotiations currently taking place on this subject at the United Nations.
f Apply only to imports of ornamental fish which are not of susceptible species to any of the diseases listed in [F93 Annex 1A], and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities.
g For the purposes of this Regulation United States includes Puerto Rico, U.S. Virgin Islands, American Samoa, Guam and Northern Mariana Islands.]
Country/territory		F94 ...			F94 ...
ISO-code	Name	F94 ...	F94 ...	F94 ...	F94 ...	F94 ...
AU	Australia	F94 ...
BR	Brazil	F94 ...
[F95 CA	Canada	F94 ...			F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...]
CL	Chile	F94 ...				F94 ...
CN	China	F94 ...				F94 ...
CO	Colombia	F94 ...				F94 ...
CG	Congo	F94 ...				F94 ...
CK	Cook Islands	F94 ...	F94 ...	F94 ...		F94 ...
F96
HK	Hong Kong	F94 ...				F94 ...
ID	Indonesia	F94 ...				F94 ...
IL	Israel	F94 ...				F94 ...
JM	Jamaica	F94 ...				F94 ...
JP	Japan	F94 ...				F94 ...
KI	Kiribati	F94 ...	F94 ...	F94 ...		F94 ...
LK	Sri Lanka	F94 ...				F94 ...
MH	Marshall Islands	F94 ...	F94 ...	F94 ...		F94 ...
MK e	the former Yugoslav Republic of Macedonia	F94 ...				F94 ...
MY	Malaysia	F94 ...				F94 ...
NR	Nauru	F94 ...	F94 ...	F94 ...		F94 ...
NU	Niue	F94 ...	F94 ...	F94 ...		F94 ...
NZ	New Zealand	F94 ...				F94 ...
PF	French Polynesia	F94 ...	F94 ...	F94 ...		F94 ...
PG	Papua New Guinea	F94 ...	F94 ...	F94 ...		F94 ...
PN	Pitcairn Islands	F94 ...	F94 ...	F94 ...		F94 ...
PW	Palau	F94 ...	F94 ...	F94 ...		F94 ...
RU	Russia	F94 ...				F94 ...
SB	Solomon Islands	F94 ...	F94 ...	F94 ...		F94 ...
SG	Singapore	F94 ...				F94 ...
ZA	South Africa	F94 ...				F94 ...
TW	Taiwan	F94 ...				F94 ...
TH	Thailand	F94 ...				F94 ...
TR	Turkey	F94 ...				F94 ...
TK	Tokelau	F94 ...				F94 ...
TO	Tonga	F94 ...	F94 ...	F94 ...		F94 ...
TV	Tuvalu	F94 ...	F94 ...	F94 ...		F94 ...
US	United States g	F94 ...		F94 ...	F94 ...	F94 ...
		F94 ...			F94 ...	F94 ...
						F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
					F94 ...	F94 ...
WF	Wallis and Futuna	F94 ...	F94 ...	F94 ...		F94 ...
WS	Samoa	F94 ...	F94 ...	F94 ...		F94 ...
[F97 CH	Switzerland	F94 ...				F94 ...
LI	Liechtenstein	F94 ...				F94 ...
FO	Faroe Islands	F94 ...	F94 ...	F94 ...		F94 ...
EU, NO, IS	EU member States, Norway and Iceland	F94 ...	F94 ...	F94 ...		F94 ...]

Textual Amendments

F93 Words in Annex 3 table Notes 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(25)(b)

F94 Words in Annex 3 table omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 2(11)

F95 Substituted by Commission Implementing Regulation (EU) No 25/2014 of 13 January 2014 amending Regulation (EC) No 1251/2008 as regards the entry for Canada in the list of third countries, territories, zones or compartments from which certain aquatic animals may be imported into the Union (Text with EEA relevance).

F96 Deleted by Commission Regulation (EU) No 519/2013 of 21 February 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, right of establishment and freedom to provide services, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, fisheries, transport policy, energy, taxation, statistics, social policy and employment, environment, customs union, external relations, and foreign, security and defence policy, by reason of the accession of Croatia.

F97 Words in Annex 3 table 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(25)(a)

F98 ANNEX IV U.K.

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

Textual Amendments

F98 Annex 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), 5(26)

F99 ANNEX V U.K. Explanatory notes

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Textual Amendments

F99 Annex 5 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(26)

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OJ L 135, 3.6.2003, p. 19.

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OJ L 139, 30.4.2004, p. 55.

(9)

OJ L 224, 18.8.1990, p. 29.

(10)

OJ L 94, 31.3.2004, p. 63.

(11)

OJ L 139, 30.4.2004, p. 206.

(12)

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OJ L 338, 22.12.2005, p. 83.

(14)

OJ L 338, 22.12.2005, p. 27.

(15)

OJ L 326, 11.12.2001, p. 44.

(16)

OJ L 24, 30.1.1998, p. 9.

(17)

OJ L 13, 16.1.1997, p. 28.

(18)

The EFSA Journal (2007) 584, 1-163.

(19)

The EFSA Journal (2007) 597, 1-116.

(20)

The EFSA Journal (2007) 598, 1-91.

(21)

[F92 According to Article 11 ornamental fish which are not of species susceptible to any of the diseases listed in Part II of Annex IV to Directive 2006/88/EC, and ornamental molluscs and ornamental crustaceans, intended for closed ornamental facilities, may also be imported into the Union from third countries or territories that are members of the World Organisation for Animal health (OIE).]

Textual Amendments

F92 Substituted by Commission Implementing Regulation (EU) No 1012/2012 of 5 November 2012 amending Regulation (EC) No 2074/2005 and Regulation (EC) No 1251/2008 as regards the list of vector species, the health requirements and the certification requirements concerning epizootic ulcerative syndrome and as regards the entry for Thailand in the list of third countries from which imports of certain fish and fishery products into the Union are permitted (Text with EEA relevance).