PART 7 Amendments to domestic legislation not due to EU Exit

CHAPTER 2 Aquatic Animal Health

40 The Aquatic Animal Health (England and Wales) Regulations 2009
1 The Aquatic Animal Health (England and Wales) Regulations 2009 are amended as follows.
S.I. 2009/463; amended by S.I. 2011/981 and 2019/1488.
2 In regulation 3(1), for the definition of “the competent authority” substitute—

““the competent authority” has the meaning given in regulation 3A;”

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3 After regulation 3 insert—

“3A The competent authority
The Secretary of State is, in relation to England, and the Welsh Ministers are, in relation to Wales, the competent authority for the purposes of—
(a) these Regulations;
(b) Regulation (EC) No 1251/2008;
(c) Commission Decision 2008/896/EC on guidelines for the purpose of the risk-based animal health surveillance schemes provided for in Council Directive 2006/88/EC;
OJ No L 322, 2.12.2008, p.30.
(d) 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.
OJ No L 247, 23.9.2015, p.1.”

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4 After Part 3 insert—

“PART 3A Quarantine

21A Interpretation
In this Part—
(a) “Commission Decision 2008/946/EC” means “Commission Decision 2008/946/EC implementing Council Directive 2006/88/EC as regards requirements for quarantine of aquaculture animals;
OJ No L 337, 16.12.2008, p.94.
(b) “declared disease-free” means declared disease-free in accordance with Article 49 or 50 of Directive 2006/88/EC as the case may be.

21B Vector species
An aquaculture animal intended for farming or restocking may only be introduced into a part of England or Wales which has been declared free of a disease for which that animal is a vector if it—
(a) originates from another Member State, zone or compartment declared free of that specific disease; or
(b) it has been, or will be, held in quarantine facilities in accordance with the requirements of Commission Decision 2008/946/EC.

21C Wild aquatic animals
Wild aquatic animals of species susceptible to one or more of the diseases listed in Part 2 of Annex 4 to Directive 2006/88/EC caught in a Member State or zone or compartment not declared disease-free must be placed in quarantine in accordance with the requirements of Commission Decision 2008/946/EC before release into a farm or mollusc farming area in any part of England or Wales which has been declared disease-free.”

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