The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture U.K.

42.—(1) Council Regulation (EC) No 708/2007 concerning use of alien and locally absent species in aquaculture is amended as follows.

[F1 (1A) In Article 23, for the second and third paragraphs substitute—

“To facilitate the sharing of information contained in its register, the appropriate authority must use the information system set out in Commission Regulation 535/2008.

The appropriate authority may, by regulations, amend provisions of Commission Regulation 535/2008 relating to the establishment and development of an information system.”.]

(2) In Article 24—

(a) for paragraph 1 substitute—

“1.   The appropriate authority may, by regulations, amend Annex 1 or 3 in order to adapt them to technical and scientific progress.

1A.   The Secretary of State may, by regulations—

(a) amend Annex 2 in order to adapt it to technical and scientific progress;

(b) amend Annex 4 so as to add a species.

[F2 (c) amend Article 2 of Commission Regulation (EC) 535/2008 to adapt the specifications for the conditions necessary for adding species to Annex 4, as provided for in paragraph 3.”];

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for the words from “In order” to “have” substitute “ Regulations under paragraph 1A(b) may only be made where the Secretary of State is satisfied that the aquatic organism has ”, and

(ii) for “Union” substitute “ United Kingdom ”;

(d) after paragraph 3 insert—

“3A.   In paragraph 3, “long time (with reference to its life cycle)” and “adverse effect” have the meanings given in Article 2 of Commission Regulation (EC) No 535/2008.”; and

(e) omit paragraphs 4 to 6.

(3) Omit Articles 24a to 24c.

(4) Before Article 25 insert—

“Article 24d U.K. Regulations: devolved legislative function

1.   This Article applies to regulations made under Article [F3 Articles 23 and 24(1)].

2.   Regulations made by the Secretary of State or the Welsh Ministers are to be made by statutory instrument.

3.   For regulations made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 .

F4 4.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.   A statutory instrument containing regulations made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

6.   A statutory instrument containing regulations made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

7.   Regulations made by the Scottish Ministers are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

F4 8.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018 M2 ));

(b) make different provision for different purposes.

Article 24e U.K. Regulations: consent required

1.   This Article applies to regulations made under Article 24(1A).

2.   The Secretary of State may only make regulations in relation to the whole of [F5 Great Britain].

3.   The Secretary of State may not make regulations without the consent of—

(a) in relation to Wales, the Welsh Ministers;

(b) in relation to Scotland, the Scottish Ministers;

F6 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4.   Where [F7 either] of the parties mentioned in paragraph 3(a) [F8 or (b)] requests that the Secretary of State make regulations to which this Article applies, the Secretary of State must have regard to that request.

5.   Regulations made by the Secretary of State are to be made by statutory instrument.

6.   A statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

7.   Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.”.

Textual Amendments

F1 Reg. 42(1A) inserted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(2)

F2 Words in reg. 42(2)(a) inserted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(3)

F3 Words in reg. 42(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(a)(i)

F4 Words in reg. 42(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(a)(ii)

F5 Words in reg. 42(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(b)(i)

F6 Words in reg. 42(4) omitted (31.12.2020 immediately before IP completion day) by virtue of The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(b)(ii)

F7 Word in reg. 42(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(b)(iii)(aa)

F8 Words in reg. 42(4) substituted (31.12.2020 immediately before IP completion day) by The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1463), regs. 1(2)(a), 4(4)(b)(iii)(bb)

Commencement Information

I1 Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 2010 asp 10.

M2 2018 c. 16.