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

Commission Decision 2009/177/EC

6.—(1) 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 is amended as follows.

(2) For Article 1 substitute—

“Article 1 Interpretation

1.   In this Decision—

(a) “the appropriate authority” means—

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

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

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

(iv) 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—

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

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

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

(b) “constituent UK territory”, means England, Wales, Scotland or Northern Ireland, as the case may be.

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 4 to Directive 2006/88/EC were references to the diseases listed in Annex 1A to Regulation 1251/2008.”.

(3) In Article 2, after “provided for in”, insert “provision made under”;

(4) In each of Articles 3 and 4—

(a) for “Member States” substitute “Constituent UK territories”;

(b) after “in accordance with” insert “provision made under”.

(5) In Article 5—

(a) in the heading, for “Member States, zones and compartments” substitute “status”;

(b) for “Member States” substitute “Diseases in respect of which the United Kingdom or a constituent UK territory, Crown Dependency, zone or compartment has been”;

(c) after “in accordance with” insert “provision made under”.

(d) for “in accordance of” substitute “in accordance with provision made under”.

(6) In Articles 6 and 7, after the words “provided for in”, in each place where they appear, insert “provision made under”.

(7) In Article 8—

(a) in paragraphs 1 and 2, after the words “as provided for in”, insert “provision made under”;

(b) in paragraph 2, omit “of zones or compartments”;

(c) in paragraph 3—

(i) for the words from “By way” to “be achieved” substitute “Paragraphs 1 and 2 do not apply in relation to the achievement of disease-free status”;

(ii) after “in accordance with”, insert “provision made under”;

(iii) omit the words from “, Member States” to the end.

(8) Omit Article 9.

(9) For Article 10 substitute—

“Article 10 Internet-based information pages

The appropriate authority must establish and keep up-to-date Internet-based information pages in order to make publicly available the list of zones or compartments declared to be subject to an approved surveillance programme or disease-free in accordance with provision made under Article 50(2) of Directive 2006/88/EC.”.

(10) Omit Articles 11 to 15.

(11) In Annex 1—

(a) in Parts A and B—

(i) in the heading to each table, for “Member States” substitute “Constituent UK territories,”;

(ii) in the heading to the second column of each table, for “Member State” substitute “Constituent UK territory”;

(iii) omit the third column in each table;

(iv) in the heading to the fourth column of each table, omit “(Member State, zone or compartment)”;

(v) omit the third column;

(vi) omit the entries in the second and final columns;

(b) in Part C, for the table and the heading to that table substitute—

“Areas declared disease-free

Disease	Geographical demarcation of the disease-free area
Viral haemorrhagic septicaemia (VHS)	All continental and coastal areas within Great Britain, Northern Ireland, Guernsey, the Isle of Man and Jersey.
Infectious haematopoietic necrosis (IHN)	All continental and coastal areas within Great Britain, Northern Ireland, Guernsey, the Isle of Man and Jersey.
Koi herpes virus (KHV) disease	Northern Ireland territory.
Infectious salmon anaemia (ISA)	All continental and coastal areas within Great Britain, Northern Ireland, Guernsey, the Isle of Man and Jersey.
Infection with Marteilia refringens	The whole coastline of Great Britain. The whole coastline of Northern Ireland, except Belfast Lough and Dundrum Bay. The whole coastline of Guernsey and Herm. The coastal area of the States of Jersey; the area consists of the intertidal and immediate coastal area between the mean high-water mark on the Island of Jersey and a line every point of which is three nautical miles from the mean low-water mark of the Island of Jersey. The area is situate in the Normano-Breton Gulf, on the south side of the English Channel. The whole coastline of the Isle of Man.
Infection with Bonamia ostreae	The whole coastline of Great Britain, except: 1. The south coast of Cornwall from the Lizard to Start Point; 2. The coast of Dorset, Hampshire and Sussex from Portland Bill to Selsey Bill; 3. The area along the coast of North Kent and Essex from North Foreland to Felixstowe; 4. The area along the coast in south-west Wales from Wooltack Point to St Govan’s Head, including Milford Haven and the tidal waters of the East and West Cleddau river; 5. The area containing the waters of Loch Sunart east of a line drawn south-south-east from the northernmost tip of Maclean’s Nose to Auliston Point; 6. The area containing West Loch Tarbert north-east of a line drawn east-south- east from Ardpatrick Point NR 734 578 to North Dunskeig Bay at NR 752 568. The whole coastline of Northern Ireland, except: 1. Lough Foyle 2. Strangford Lough. The whole coastline of Guernsey, Herm and the Isle of Man. The coastal area of the States of Jersey: the area consists of the intertidal and immediate coastal area between the mean high-water mark on the Island of Jersey and a line drawn every point of which is three nautical miles from the mean low water mark of the Island of Jersey. The zone is situated in the Normano-Breton Gulf, on the south side of the English Channel.
White spot disease”

(12) In Annex 2—

(a) in paragraph 1.1, for “Member State” substitute “appropriate authority”;

(b) in paragraph 1.4, omit “sent to the Commission”;

(c) in paragraph 5.5, omit “throughout the Member State”;

(d) in paragraph 5.6, for “Member State” substitute “United Kingdom, constituent UK territory”;

(e) in paragraph 6.1, for “Member State” substitute “Constituent UK territory”.

(13) In Annex 3, in Parts A and B, for “Member State”, in each place where it appears, substitute “Constituent UK territory”.

(14) In Annex 4—

(a) in paragraph 1.1, for “Member State” substitute “appropriate authority”;

(b) in paragraph 1.4, omit “sent to Commission”;

(c) in paragraph 6.3, omit “(disease-free Member State, zone or compartment)”;

(d) in paragraph 6.5, omit “throughout the Member State”;

(e) in paragraph 6.6, for “Member State” substitute “United Kingdom, constituent UK territory”;

(f) in paragraph 7.1, for “Member State” substitute “Constituent UK territory”;

(g) in paragraph 8.4, omit “to other Member States”.

(15) In Annexes 5 and 6, for “Member State”, in each place where it appears, substitute “Constituent UK territory”.