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1.—(1) These Regulations may be cited as the Aquatic Animal Health (England and Wales) Regulations 2009.
(2) These Regulations come into force—
(a)for the purposes of regulation 5(1), on 1st May 2009;
(b)for the purposes of regulation 12(1), on 1st August 2009;
(c)for all other purposes, on 27th March 2009.
2.—(1) These Regulations extend to England and Wales.
(2) These Regulations do not apply to—
(a)any ornamental aquatic animal reared in a non-commercial aquarium;
(b)any aquatic animal caught for the purpose of production of fishmeal, fish feed, fish oil or any similar product;
(c)any wild aquatic animal harvested or caught for direct entry into the food chain other than one which is to be treated as an aquaculture animal under regulation 18(3).
3.—(1) In these Regulations—
[F1“Commission Decision 2009/177/EC” means Commission Decision 2009/177/EC implementing Council Directive 2006/88/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments;]
[F2“the competent authority” has the meaning given in regulation 3A;]
[F3“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;]
F4...
“Directive 2006/88/EC” means Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals;
“England” includes the sea adjacent to England to a distance of 12 nautical miles from the baselines from which the breadth of the territorial sea is measured;
“inspector” means any person authorised by the competent authority to be an inspector for the purposes of these Regulations;
“listed disease” means—
a disease listed in the second column of [F5Annex 1A to Regulation (EC) No 1251/2008]; or
a disease listed in F6...Schedule 1 to these Regulations;
“non-commercial installation” means any aquaculture production business in which aquatic animals are kept with no intention of placing them on the market;
“operator”, in relation to an aquaculture production business, a specialist transport business, processing establishment, non-commercial installation or put and take fishery, means any person who is responsible for the management of that business, establishment, installation or fishery;
“processing establishment” means any food business which is approved for processing aquaculture animals for food purposes in accordance with Article 4 of Regulation (EC) No. 853/2004 M1 laying down specific hygiene rules for food of animal origin, and which processes aquaculture animals under Part 4 of these Regulations or any provision in any Regulations made in relation to Scotland or Northern Ireland which has equivalent effect to that Part;
“Regulation (EC) No.1251/2008” means Commission Regulation (EC) No.1251/2008 on implementing 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;
“specialist transport business” means a business or undertaking which wholly or mainly transports live aquaculture animals in a mode of transport specially designed or adapted for that purpose; and
“Wales” has the meaning given in section 158 of the Government of Wales Act 2006.
(2) Any expression used in these Regulations which is also used in Directive 2006/88/EC (except for the definitions of “operator” and “processing establishment” in paragraph (1) and “wild aquatic animal” in regulation 18(5)) has the meaning it bears in that Directive.
(3) References to F7...F8... and Regulation (EC) No.1251/2008 are references to [F9that instrument] as amended from time to time.
(4) Schedule 1 (list of diseases) has effect.
Textual Amendments
F1Words in reg. 3(1) 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), 38(2)(a)(i)
F2Words in reg. 3(1) substituted (31.12.2020 immediately before IP completion day) 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)(a), 40(2)
F3Words in reg. 3(1) 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), 38(2)(a)(ii)
F4Words in reg. 3(1) omitted (1.5.2011) by virtue of The Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/981), regs. 1, 2(2)(a)
F5Words in reg. 3(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), 38(2)(a)(iii)
F6Words in reg. 3(1) omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 7(2)
F7Words in reg. 3(3) omitted (1.5.2011) by virtue of The Aquatic Animal Health (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/981), regs. 1, 2(2)(b)
F8Words in reg. 3(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), 38(2)(b)(i)
F9Words in reg. 3(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), 38(2)(b)(ii)
Marginal Citations
M1OJ No L 139, 30.4.2004, p55.
3A. The Secretary of State is, in relation to England, and the Welsh Ministers are, in relation to Wales, the competent authority for the purposes of—
(a)these Regulations;
(b)Regulation (EC) No 1251/2008;
(c)Commission Decision 2008/896/EC on guidelines for the purpose of the risk-based animal health surveillance schemes provided for in Council Directive 2006/88/EC;
(d)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.]
Textual Amendments
F10Reg. 3A inserted (31.12.2020 immediately before IP completion day) 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)(a), 40(3)
3B.—(1) The appropriate authority may from time to time specify in a document a list of species susceptible to any diseases listed in Schedule 1 together with the geographic areas declared free from any such disease.
(2) “The appropriate authority” for the purposes of paragraph (1) means—
(a)in relation to England, the Secretary of State;
(b)in relation to Wales, the Welsh Ministers,
but the appropriate authority is the Secretary of State if consent is given by the Welsh Ministers in respect of the exercise of the function conferred by paragraph (1) in relation to Wales.]
Textual Amendments
F11Reg. 3B inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 7(3)