PART 3Amendment of retained direct EU law
CHAPTER 2Aquatic Animal Health
Commission Decision 2008/896/EC7
1
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 is amended as follows.
2
For Article 1 substitute—
1
The appropriate authority must ensure that a risk-based animal health surveillance scheme is applied in all farms and mollusc farming areas, as appropriate for the types of production.
2
In establishing a risk-based animal health surveillance scheme referred to in paragraph 1, the appropriate authority must have regard to—
a
the need to detect—
i
increased mortality in farms and mollusc production areas as appropriate for the type of production;
ii
the diseases listed in Annex 1A to Regulation 1251/2008, in farms and mollusc farming areas where species susceptible to those diseases are present;
b
the guidelines set out in the Annex to this Decision.
3
After Article 1 insert—
Article 1aInterpretation
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;
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;
b
“the Aquatic Animal Health Regulations” means—
i
in relation to England and Wales, the Aquatic Animal Health (England and Wales) Regulations 2009;
ii
in relation to Scotland, the Aquatic Animal Health (Scotland) Regulations 2009;
c
“constituent GB territory” means England, Wales or Scotland as the case may be;
d
“Regulation 1251/2008” means Commission Regulation (EC) No 1251/2008 implementing Council Directive 2006/88/EC as regards conditions and certification requirements for the placing on the market and the import into the Community of aquaculture animals and products thereof and laying down a list of vector species16.
2
References to eradication programmes and surveillance programmes are to be read as references to eradication or surveillance programmes (as the case may be) established under 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..
4
Omit Article 2 and the words after Article 2.
5
The Annex is amended as follows.
6
In the heading, omit the words from “PROVIDED” to the end.
7
In paragraph 1—
a
for “Member States” substitute “the appropriate authority”;
b
for “Article 10(1) of Directive 2006/88/EC” substitute “Article 1”.
8
In paragraph 2.1—
a
in the first subparagraph, for “Article 8 of Directive 2006/88/EC” substitute “regulations 6(2) and 7(2) of the Aquatic Animal Health Regulations”;
b
in the third subparagraph, for “Part II of Annex IV to Directive 2006/88/EC” substitute “Annex 1A to Regulation 1251/2008”;
c
in the fifth subparagraph, for “Chapter V of Directive 2006/88/EC” substitute “Part 4 of the Aquatic Animal Health Regulations”.
9
In paragraph 3, for “Member States” substitute “The appropriate authority”.
10
In paragraph 4, for point (a) substitute—
a
the health status of Great Britain or the constituent GB territory, zone or compartment concerned in relation to non-exotic diseases listed in Annex 1A to Regulation 1251/2008 (listed non-exotic diseases);
11
Paragraph 5 is amended as follows.
12
In the words before the table, omit “the following”.
13
Omit the table.
14
In the words below the table—
a
in the first unnumbered subparagraph—
i
in point (a), omit “approved in accordance with Directive 2006/88/EC”;
ii
in point (b), for the words from “in accordance” to the end substitute “having satisfied Article 2a(2)(a) or (b) or Article 2b(2)(a) or (b) of 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”;
iii
in point (c), for “Chapter V of Directive 2006/88/EC” substitute “Part 4 of the Aquatic Animal Health Regulations”;
b
in the second unnumbered subparagraph—
i
in the words before point (a), for “Member States” substitute “the appropriate authority”;
ii
in point (a)—
aa
omit “approved in accordance with Directive 2006/88/EC”;
bb
for “that Directive” substitute “Directive 2006/88/EC”;
cc
for “Member States” substitute “the appropriate authority”;
iii
in point (b), for “Member States” substitute “the appropriate authority”.
15
In paragraph 6.1—
a
in the third subparagraph, for “Member States” substitute “The appropriate authority”;
b
in the fourth subparagraph, in the words before point (a), for “Member States”—
i
in the first place where it appears, substitute “the appropriate authority”;
ii
in the second place where it appears, substitute “The appropriate authority”.
16
In paragraph 6.4—
a
in the first unnumbered paragraph, for “the Member State” substitute “a constituent GB territory”;
b
in the second unnumbered paragraph—
i
for “Member States”, in the first place where it appears, substitute “The appropriate authority”;
ii
for “Member States”, in the second place where it appears, substitute “the appropriate authority”;
17
In paragraph 6.6.2, in point (b), omit “under existing Community legislation”.