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

Commission Implementing Decision (EU) 2015/1554

8.—(1) 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 is amended as follows.

(2) In Article 1—

(a) in point (a)—

(i) for “Member States”, in the first place where it appears, substitute “the appropriate authority”;

(ii) for “Member States or” substitute “United Kingdom, constituent UK territories,”;

(iii) for “Part II to Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation 1251/2008”;

(b) in point (c), for “a Member State” substitute “the United Kingdom, a constituent UK territory or a”.

(3) In Article 2, after point (g), insert—

“(h) “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 Minister 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;

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

(4) After Article 2 insert—

“Article 2a Interpretation

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.”.

(5) In Article 3—

(a) for “Member States” substitute “The appropriate authority”;

(b) for “a Member State” substitute “the United Kingdom, a constituent UK territory,”.

(6) In Article 4, for “Member States” substitute “The appropriate authority”.

(7) Article 5—

(a) in the heading, for “Member States,” substitute “the United Kingdom or constituent UK territories;”;

(b) for “Member States” substitute “The appropriate authority”;

(c) for “a Member State or in” substitute “the United Kingdom, in a constituent UK territory,”.

(8) Omit Articles 6 to 8.

(9) In Annex 1—

(a) for “Member States”, in each place where it appears, substitute “constituent UK territories” ;

(b) for “Member State”, in each place where it appears, substitute “constituent UK territory”;

(c) for “Part II of Annex IV to Directive 2006/88/EC”, in each place where it appears, substitute “Annex 1A to Regulation 1251/2008”.

(10) In Annex 2, for “Part II to Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation 1251/2008”.