OpenLegislation

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

S.I. 2019/817 · Made 4 April 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 15 August 2022.

Exiting The European Union

Animals

Aquaculture

Plant Health, England And Wales

Plant Health, Northern Ireland

Made 4th April 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1.

A draft of this instrument has been laid before Parliament and approved by resolution of each House of Parliament in accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018.

Annotations to the whole text

Marginal citations

M1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Functions relating to aquatic animal health
  4. 2Meaning of “the appropriate authority”
  5. 3General interpretation
  6. 4Regulation 4
  7. 5Regulation 5
  8. 5AAmendment of Commission Regulation (EC) No 1251/2008
  9. 6Power to amend Annex 1A to Commission Regulation (EC) No 1251/2008
  10. 7Power to amend Annex 3 to Commission Regulation (EC) No 1251/2008
  11. Part 3: Functions relating to plant health Repealed
  12. 8Meaning of “the appropriate authority” Repealed
  13. 9General interpretation Repealed
  14. 10Power to modify the lists of regulated plant pests and relevant material Repealed
  15. 11Power to make further derogations Repealed
  16. 12Power to recognise the equivalence of phytosanitary measures adopted by third countries Repealed
  17. 13Power to make provision in relation to emergency measures Repealed
  18. Part 4: General
  19. 14Regulation 14
  20. 15Regulation 15
  21. 16Regulation 16 Not yet in force
  22. 17Regulation 17
  23. 18Regulation 18
  24. 19Regulation 19
  25. 20Regulation 20 Not yet in force
  26. 21Regulation 21
  27. Signature
  28. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019 and come into force on exit day.

2Meaning of “the appropriate authority”I1

(1)

In this Part, “the appropriate authority” means—

(a)

in the case of regulations applying in relation to England, the Secretary of State;

(b)

in the case of regulations applying in relation to Wales, the Welsh Ministers;

(c)

in the case of regulations applying in relation to Scotland, the Scottish Ministers;

F1(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

But “the appropriate authority” is the Secretary of State if consent is given—

(a)

in the case of regulations applying in relation to Wales, by the Welsh Ministers;

(b)

in the case of regulations applying in relation to Scotland, by the Scottish Ministers;

F2(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3General interpretationI1

In this Part—

  • “Commission Regulation (EC) No 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 species M1;

  • “the other responsible authorities” means—

    1. (a)

      as regards Wales, the Welsh Ministers;

    2. (b)

      as regards Scotland, the Scottish Ministers;

    3. (c)

      F1...

  • “third country” means a country or territory outside the F2British Islands.

4I1

The following terms have the same meaning as they have in Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals M1 as it has effect in EU law immediately before F1IP completion day—

(a)

“aquaculture”;

(b)

“aquaculture animal”;

(c)

“aquatic animal”;

(d)

“farm”;

(e)

“mollusc farming area”;

(f)

“wild aquatic animal”.

5I1

Other terms used in this Part have the same meaning in this Part as they have in Commission Regulation (EC) No 1251/2008.

5AAmendment of Commission Regulation (EC) No 1251/2008F1I1

In Commission Regulation (EC) No 1251/2008, after Article 2, insert—

“Article 2a

Interpretation: animal health certificates

In Articles 5 to 8a, 10 to 12, 14 and 16, “relevant model”, in relation to an animal health certificate, a joint public and animal health certificate or an addendum to an animal health certificate, means the model of that certificate or addendum, as published by the appropriate authority from time to time.”.

6Power to amend Annex 1A to Commission Regulation (EC) No 1251/2008I1

(1)

The appropriate authority may by regulations amend Annex 1A to add, vary or remove an exotic or non-exotic disease where the amendment is necessary or appropriate in the light of—

(a)

the relevant criteria specified in paragraphs (3) and (4); and

(b)

any assessment carried out which is relevant to the determination of whether a disease is an exotic or non-exotic disease for the purposes of Annex 1A.

(2)

Any assessment which is relied upon for the purposes of paragraph (1) must have been approved by the Secretary of State and the other responsible authorities.

(3)

The criteria applicable in relation to an exotic disease are that—

(a)

the disease is not established in F1Great Britain;

(b)

its pathogen is not known to be present in F2Great Britain; and

(c)

if introduced into F3Great Britain—

(i)

the disease may have a significant adverse economic impact on aquaculture F4..., due to—

(aa)

the likely production losses in the aquaculture sector as a result of the introduction; or

(bb)

the likely loss of opportunities to export aquaculture animals or products to third countries as a result of the introduction; or

(ii)

the disease may have a detrimental harmful impact on wild aquatic animal populations of species.

(4)

The criteria in relation to a non-exotic disease are that—

(a)

at least two regions which, either individually or taken together, cover territory that is located in more than one constituent F5GB territory, are free of the disease;

(b)

the disease—

(i)

may have a significant adverse economic impact on aquaculture if introduced into those regions due to—

(aa)

the production losses in the aquaculture sector as result of the introduction and the annual costs associated with the disease and its control, which are likely to exceed, in the case of each region, 5% of the value of the production of susceptible aquaculture animal species produced in the region; or

(bb)

the loss of opportunities to export aquaculture animals or products to third countries as a result of the introduction; or

(ii)

the disease has shown, where it occurs in F6Great Britain, to have a detrimental harmful impact on wild aquatic animal populations of species;

(c)

the disease is difficult to control and contain at farm level or mollusc farming area level without stringent control measures and restrictions on trade;

(d)

zones or compartments that are free from the disease can be established and maintained in those regions in a manner that is cost-effective;

(e)

there is a risk that the disease would establish itself in those regions if aquaculture animals were placed on the market; and

(f)

reliable and simple tests are available to detect the presence of the disease in aquaculture animals susceptible to the disease.

F7(5)

In this regulation—

7Power to amend Annex 3 to Commission Regulation (EC) No 1251/2008I1

(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 F1Great Britain 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 F2Great Britain;

(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 F3Great Britain;

(e)

the extent to which exports of live aquaculture animals from the third country have complied with aquatic animal health requirements in F4Great Britain;

(f)

the results of any assessment F5made of the relevant competent authority on behalf of the appropriate authority or any report submitted F6to the appropriate authority by the relevant competent authority F7at the request of the appropriate authority 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 F8Great Britain;

(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 F9country or territory which is not listed in Annex 3 F10... the assessment must demonstrate that the relevant competent authority F11... is able to provide appropriate guarantees regarding the compliance of aquaculture animals and products reared or produced in that country F12or territory (as the case may be) with relevant animal health requirements in F13Great Britain .

(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;

  • F14“relevant competent authority”, in relation to a country or territory, means the authority or authorities of that country or territory concerned with official responsibility for aquatic animal health.

8Meaning of “the appropriate authority”F1 E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9General interpretationF1 E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Power to modify the lists of regulated plant pests and relevant materialF1 E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Power to make further derogationsF1 E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12Power to recognise the equivalence of phytosanitary measures adopted by third countriesF1 E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13Power to make provision in relation to emergency measuresF1 E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14I1

Regulations made by the Secretary of State or the Welsh Ministers under these Regulations are to be made by statutory instrument.

15I1

For regulations made under Part 2 of these Regulations by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1.

16F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17I1

A statutory instrument containing regulations made by the Secretary of State under these Regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

18I1

A statutory instrument containing regulations made by the Welsh Ministers under these Regulations is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

19I1

Regulations made by the Scottish Ministers under Part 2 of these Regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

20F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21I1

Such regulations may—

(a)

contain supplementary, incidental, consequential, transitional, transitory or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)

make different provision for different cases or descriptions of case, different circumstances, different purposes or different areas.

Signature

Gardiner of Kimble

Parliamentary Under Secretary for State

Department for Environment, Food and Rural Affairs

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular the deficiency referred to in paragraph (f) of section 8(2)) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 makes provision for certain functions of the European Commission of a legislative character under Council Directive 2006/88/EC on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals (OJ No. L 328, 24.11.2006, p.14) to be exercisable instead by the Secretary of State, Welsh Ministers, Scottish Ministers or the Department of Agriculture, Environment and Rural Affairs.

Part 3 makes provision for certain functions of the European Commission of a legislative character under Council Directive 2000/29/EC on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (OJ No. L 169, 10.7.2000, p.1) to be exercisable instead by the Secretary of State, Welsh Ministers or the Department of Agriculture, Environment and Rural Affairs.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.