PART 3MOVEMENT OF ANNEX IV SPECIES AND TRANSLOCATION OF LOCALLY ABSENT SPECIES
Movement of Annex IV species11.
(1)
This regulation applies where the competent authority receives notification under regulation 9(2) of a proposal to move an Annex IV species or where notification is deemed to have been given by virtue of regulation 9(3).
(2)
The competent authority must serve a written notice on the person proposing to undertake the movement—
(a)
prohibiting the movement;
(b)
permitting the movement and any subsequent movement of the same species undertaken by that person to the same aquaculture facility subject to any conditions stated in the notice; or
(c)
requiring the person, at that person’s own cost, to submit an environmental risk assessment carried out in accordance with Article 9(1) of Council Regulation 708/2007.
(3)
After considering any environmental risk assessment required under paragraph (2)(c) the competent authority must serve a written notice on the person proposing to undertake the movement—
(a)
prohibiting the movement; or
(b)
permitting the movement and any subsequent movement of the same species by that person to the same aquaculture facility subject to any conditions specified in the notice.
(4)
A notice served under paragraph (2)(b) or (3)(b) must contain—
(a)
the unique reference number assigned to the notice;
(b)
the duration of the notice;
(c)
the species to which the notice applies; and
(d)
the aquaculture facility into which the movement is permitted.
(5)
A notice served under paragraph (2)(a) or (b) or (3)(a) or (b) must include—
(a)
the reasons for that decision; and
(b)
information on the right of appeal under regulation 16.