OpenLegislation

Division I.2.1 Surveillance programmes

United Kingdom

Original text. Later amendments are not shown.

  1. (a)

    a F1constituent GB territory, zone or a compartment which has Category III health status with regard to KHVD may achieve Category I health status when all farms keeping susceptible species F2... within that constituent GB territory, zone or compartment comply with the requirements for disease-free status set out in Annex V to F3Directive 2006/88/EC and all those farms, and, when required by the second paragraph of point 2 of Part I of that Annex, sampling points in wild populations selected in accordance with that Part, have been subject to one of the following surveillance programmes:

    1. (i)

      model A — 2-year surveillance programme:

      The farms or sampling points must have been subject to health inspections and sampled for a minimum period of two consecutive years as laid down in Table 2.A set out in Section III.

      During that 2-year period, the testing of all samples using the diagnostic methods set out in point II.2 must have produced negative results for KHV and any suspicion of KHVD must have been ruled out in accordance with the diagnostic methods set out in point III.2;

    2. (ii)

      model B — 4-year surveillance programme with reduced sample size:

      The farms or sampling points must have been subject to health inspections and sampled for a minimum period of four consecutive years as laid down in Table 2.B set out in Section III.

      During that 4-year period, the testing of all samples using the diagnostic methods set out in point II.2 must have produced negative results for KHV and any suspicion of KHVD must have been ruled out in accordance with the diagnostic methods set out in point III.2;

  2. (b)

    if during the implementation of the 4-year surveillance programme set out in point (a), infection with KHV is confirmed in a farm included in that surveillance programme, and therefore its Category II health status has been withdrawn, that farm may immediately regain the Category II health status and continue the implementation of the surveillance programme to obtain disease- free status without implementing an eradication programme as described in point I.2.2 provided that the farm complies with the following conditions:

    1. (i)

      it is a continental farm whose health status regarding KHVD is independent of the health status of aquatic animal populations in the surrounding natural water as regards that listed disease in accordance with point 3 of Part II of Annex V to Directive 2006/88/EC;

    2. (ii)

      it has been emptied, cleansed, disinfected and fallowed; the duration of the fallowing period shall be at least 6 weeks;

    3. (iii)

      F4it has been restocked with fish from—

      1. (aa)

        a constituent GB territory, zone or compartment with a Category 1 health status with regard to KHVD;

      2. (bb)

        any part of Northern Ireland which has Category 1 health status, within the meaning of Part A of Annex 3 to the EU Directive, in respect of KHVD;

      3. (cc)

        the Channel Islands, the Isle of Man or a third country, where the appropriate authority has consented to the restocking.

  3. (c)

    F5For the purposes of point (b)(iii)(cc), consent may only be given if the appropriate authority is satisfied that the disease risk posed by fish from that source is no greater than if they were from a source which would satisfy point (b)(iii)(aa).

Annotations

Textual amendments

F1

Words in Annex 1 Pt. 2 para. l.2.1(a) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 11(13)(b)(i)(aa)

F2

Words in Annex 1 omitted (15.8.2022) by virtue of The Aquatic Animal Health (Amendment) Regulations 2022 (S.I. 2022/835), regs. 1(2), 6(3)

F3

Words in Annex 1 Pt. 2 para. l.2.1(a) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 11(13)(b)(i)(cc)

F4

Annex 1 Pt. 2 para. l.2.1(b)(iii) substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 11(13)(b)(ii)

F5

Annex 1 Pt. 2 para. l.2.1(c) inserted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 11(13)(b)(iii)

Notes on Part 2

Textual amendments

F1

Words in Annex 1 Pt. 2 Table 2.D heading substituted (E.W.S.) (31.12.2020) by The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(c), 11(13)(i)

Footnotes

f1

Samples must be taken from the number of fish that will ensure the detection of KHV with a 95 % confidence if the design prevalence is 5 %.