The Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

Commission Decision 2008/392/EC

3.—(1) Commission Decision 2008/392/EC implementing Council Directive 2006/88/EC as regards an Internet-based information page to make information on aquaculture production businesses and authorised processing establishments available by electronic means is amended as follows.

(2) In Article 1(1), for “by the Member States” substitute “by the appropriate authority”.

(3) After Article 1, insert—

“Article 1a Interpretation

1.   In this Decision, “the appropriate authority” means:

(a) in relation to England, the Secretary of State;

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

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

(d) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

but the appropriate authority is the Secretary of State if consent is given:

(a) in respect of functions exercisable in relation to Wales, by the Welsh Ministers;

(b) in respect of functions exercisable in relation to Scotland, by the Scottish Ministers;

(c) in respect of functions exercisable in relation to Northern Ireland, by the Department of Agriculture, Environment and Rural Affairs.

2.   For the purposes of any reference in this Decision to Directive 2006/88/EC or any provision of that Directive, that Directive or provision is to be read subject to the modifications specified in the Schedule to the Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019, and as if:

(a) references to “Member State” or “Member States”, other than those modified in that Schedule, included the United Kingdom;

(b) references to the diseases listed in Part 2 of Annex IV to Directive 2006/88/EC were references to diseases listed in Annex 1A to Regulation 1251/2008;

(c) requirements to notify or report to the Commission or member States were omitted.”.

(4) In Article 2—

(a) in paragraph 1, for each of “The Member States” and “Member States” substitute “The appropriate authority”;

(b) in paragraph 2, for “the Member States” substitute “the appropriate authority”;

(c) in paragraph 3, for “Member States” substitute “The appropriate authority”;

(d) omit paragraph 4.

(5) Omit Articles 3 and 4.