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

Commission Decision 2010/221/EU

7.—(1) Commission Decision 2010/221/EU approving national measures for limiting the impact of certain diseases in aquaculture animals and wild aquatic animals in accordance with Article 43 of Council Directive 2006/88/EC is amended as follows.

(2) In Article 1—

(a) omit “national”;

(b) for “Member States listed in Annexes I, II and III hereto” substitute “constituent UK territories”;

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

(3) After Article 1, insert—

“Article 1a 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 Wales, by the Welsh Ministers;

(ii) in respect of functions exercisable in relation to Scotland, by the Scottish 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.”.

(4) In Article 2—

(a) in the heading, omit “national”;

(b) in paragraph (1), for the words from “Member States” to “and fourth” substitute “parts of the British Islands listed in the second”;

(c) in paragraph (2), for “Member States referred to in paragraph 1” substitute “appropriate authority”.

(5) In Article 3—

(a) in the heading, for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation 1251/2008”;

(b) in paragraph 1—

(i) for the words from “Member States” to “Annex II” substitute “appropriate authority”;

(ii) for “of that table” substitute “of the table in Annex 2”;

(c) omit paragraph 2.

(6) In Article 3a—

(a) in paragraph 1, for the words from “Member States” to “Annex III” substitute “the appropriate authority”;

(b) omit paragraph 2.

(7) Omit Article 4.

(8) In Article 5—

(a) in paragraph 1—

(i) for “a Member State listed in Annex I hereto” substitute “the appropriate authority”;

(ii) for “that Annex, that Member State” substitute “Annex 1, the appropriate authority”;

(b) omit paragraph 2.

(9) In Article 5a—

(a) in paragraph 1 —

(i) for “a Member State listed in Annex III” and for “that Member State” substitute “the appropriate authority” in each case;

(ii) for “that Annex” substitute “Annex 3”;

(b) in paragraph 2—

(i) for “Member State concerned” substitute “appropriate authority”;

(ii) for “the Commission and the other Member States” substitute “each authority which, in relation to any constituent UK territory, is the appropriate authority”.

(10) In Annex 1—

(a) in the heading, for “Member States and areas” substitute “Areas”;

(b) omit the second and third columns;

(c) in the heading in the fourth column, omit “national”;

(d) in the fourth column omit all entries other than those in respect of an entry in the second column relating to the United Kingdom.

(11) In Annex 2—

(a) in the heading—

(i) for “Member States and parts thereof” substitute “Constituent UK territories or Crown Dependencies, and areas,”;

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

(b) in the second column of the table—

(i) for “Member State” substitute “Constituent UK territory or Crown Dependency”;

(ii) omit “Sweden”, in each place where it appears;

(c) in the third column, omit “SE”, in each place where it appears;

(d) in the fourth column—

(i) omit “The continental parts of the territory”;

(ii) omit “The coastal parts of the territory”.

(12) In Annex 3—

(a) in the heading—

(i) for “Member States and areas” substitute “Constituent UK territories or Crown Dependencies, and areas,”;

(ii) omit “national”;

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

(b) in the heading to the second column of the table, for “Member State” substitute “Constituent UK territory or Crown Dependency”;

(c) in the heading to the fourth column of the table—

(i) omit “national”;

(ii) omit “(Member States, zones and compartments)”.