Article 2 Definitions

For the purposes of this Regulation, the following definitions shall apply:

1. (a)

   ‘closed ornamental facilities’ means pet shops, garden centres, garden ponds, commercial aquaria or wholesalers keeping ornamental aquatic animals:

   1. (i)

      without any direct contact with natural waters in F2Great Britain; or

   2. (ii)

      which are equipped with an effluent treatment system reducing the risk of transmitting diseases to the natural waters to an acceptable level;

2. (b)

   ‘open ornamental facility’ means ornamental facilities other than closed ornamental facilities;

3. (c)

   ‘restocking’ means the release of aquaculture animals into the wild.

4. (d)

   F3“the appropriate authority” means

   1. (i)

      in relation to England, the Secretary of State;

   2. (ii)

      in relation to Wales, the Welsh Ministers;

   but “the appropriate authority” is the Secretary of State if consent is given:

   1. (i)

      in respect of functions exercisable in relation to Wales, by the Welsh Ministers;

   2. (ii)

      in respect of functions exercisable in relation to Scotland, by the Scottish Ministers;

5. (e)

   “the Aquatic Animal Health Regulations” means—

   1. (i)

      in relation to England and Wales, the Aquatic Animal Health (England and Wales) Regulations 2009;

   2. (ii)

      in relation to Scotland, the Aquatic Animal Health (Scotland) Regulations 2009;

6. (f)

   Commission Decision 2009/177/EC” means Commission Decision 2009/177/EC as regards surveillance and eradication programmes and disease-free status of Member States, zones and compartments;

7. (g)

   “constituent GB territory” means England, Wales or Scotland as the case may be;

8. (h)

   “third country” means any country or territory other than the British Islands.

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.

References to a constituent GB territory or a zone or compartment thereof being “declared free” of one of more of the diseases listed in Annex 1A mean declared free in accordance with Section 2 of Commission Decision 2009/177/EC.