The Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

Power to amend Annex 3 to Commission Regulation (EC) No 1251/2008

7.—(1) The appropriate authority may by regulations amend Annex 3 where the amendment is necessary or appropriate in the light of an assessment of the risks to the health of aquatic animals in the United Kingdom from the introduction of aquaculture animals or products reared or produced in a third country, taking into account—

(a) the legislation of the third country;

(b) the way in which the relevant competent authority and its inspection services are organised, the powers of the inspection services, the supervision to which the inspection services are subject and the means at their disposal to apply the legislation effectively;

(c) the requirements in or under the legislation of the third country that are in force in relation to the production, manufacture, handling, storage and dispatch of live aquaculture animals intended for export to the United Kingdom;

(d) the assurances given by the relevant competent authority as to the compliance of the health requirements that apply in the third country with, or their equivalence to, the aquatic animal health requirements in the United Kingdom;

(e) the extent to which exports of live aquaculture animals from the third country have complied with aquatic animal health requirements in the United Kingdom;

(f) the results of any assessment made on behalf of the United Kingdom of the relevant competent authority or any report submitted to the United Kingdom by the relevant competent authority at the request of the United Kingdom on any inspections carried out;

(g) the health status of farmed and wild aquatic animals in the third country, including any exotic animal diseases and any aspects of the animal health situation in that country in general which might pose a risk to aquatic animal health in the United Kingdom;

(h) the regularity, speed and accuracy with which the third country has supplied information on the existence of infectious or contagious aquatic animal diseases in its territory, and in particular, the notifiable diseases listed by the World Organisation for Animal Health; and

(i) the rules on the prevention and control of aquatic animal diseases, including on imports from other countries, which are in force in the third country and the way in which they have been implemented.

(2) Any assessment which is relied on or used for the purposes of paragraph (1) must be appropriate to the circumstances and must have been approved by the Secretary of State and the other responsible authorities.

(3) In the case of a third country which is not listed in Annex 3 or which is only listed in Annex 3 as regards part of its territory, the assessment must demonstrate that the relevant competent authority of that country is able to provide appropriate guarantees regarding the compliance of aquaculture animals and products reared or produced in that country with relevant animal health requirements in the United Kingdom.

(4) Regulations under paragraph (1) may, among other things, add, vary or remove an entry in Annex 3.

(5) In this regulation—

“Annex 3” mean Annex 3 to Commission Regulation (EC) No 1251/2008;

“relevant competent authority”, in relation to a third country, means the authority or authorities in the third country with official responsibility for aquatic animal health in the country.