Textual Amendments
F1Pt. 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(4)
21A.—(1) In this Part—
“Commission Decision 2008/946/EC” means Commission Decision 2008/946/EC implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals;
“constituent GB territory” means England, Wales or Scotland as the case may be;
“the EU Directive” 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 as it has effect in European Union law, as amended from time to time.
(2) References in this Part to a part of England or Wales and to a constituent GB territory, or a zone or compartment thereof, being “declared free” of one or more diseases means declared free in accordance with Section 2 of Commission Decision 2009/177/EC.
21B.—(1) An aquaculture animal intended for farming or restocking may only be introduced into a part of England or Wales which has been declared free of a disease for which that animal is a vector if it—
(a)originates from—
(i)a constituent GB territory, or a zone or compartment thereof, declared free of that disease;
(ii)Northern Ireland, or a zone or a compartment thereof, declared free of that disease in accordance with Article 49 or 50 of the EU Directive; or
(iii)the Channel Islands, the Isle of Man or a third country, where the competent authority has consented to its introduction; or
(b)has been, or will be, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC.
(2) For the purposes of paragraph (1)(a)(iii), consent may only be given if the appropriate authority is satisfied that the aquaculture animal concerned is free of the relevant disease.
(3) In this regulation, an aquaculture animal is a vector for a disease if it [F3is of a species listed as a vector for that disease in a document published under Article 3(1) of Regulation (EC) No 1251/2008 and fulfils the conditions set out in that document.]
Textual Amendments
F3Words in reg. 21B(3) substituted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 7(5)
21C.—(1) Wild aquatic animals of species susceptible to one or more of the diseases listed in Annex 1A to Regulation (EC) No 1251/2008 which are intended for release into a farm or mollusc farming area in a part of England or Wales which has been declared free of any of those diseases must—
(a)originate from—
(i)a constituent GB territory, or a zone or compartment thereof, declared free of that disease;
(ii)Northern Ireland, or a zone or a compartment thereof, declared free of that disease in accordance with Article 49 or 50 of the EU Directive; or
(iii)the Channel Islands, the Isle of Man or a third country, where the appropriate authority has consented to its introduction; or
(b)be, or have been, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC.
(2) For the purposes of paragraph (1)(a)(iii), consent may only be given if the appropriate authority is satisfied that the aquaculture animal concerned is free of the relevant disease.
[F4(3) In this regulation, an animal is susceptible to a disease listed in Annex 1A to Regulation 1251/2008 if it is of a species listed as susceptible to that disease in a document published under Article 3a(1) of Regulation (EC) No 1251/2008.]]]
Textual Amendments
F4Reg. 21C(3) inserted (15.8.2022) by The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 7(6)