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

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 .

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.

PART 1 — Introduction

Citation and commencement

1

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.

PART 2 — Functions relating to aquatic animal health

Meaning of “the appropriate authority”

2

• (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;

• (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;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General interpretation

3

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 ;

• “the other responsible authorities” means—as regards Wales, the Welsh Ministers;as regards Scotland, the Scottish Ministers;...

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

4

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 as it has effect in EU law immediately before IP completion day—

• (a) “aquaculture”;

• (b) “aquaculture animal”;

• (c) “aquatic animal”;

• (d) “farm”;

• (e) “mollusc farming area”;

• (f) “wild aquatic animal”.

5

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

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

6

• (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 Great Britain;

• (b) its pathogen is not known to be present in Great Britain; and

• (c) if introduced into Great Britain—

• (i) the disease may have a significant adverse economic impact on aquaculture ..., 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 GB 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 Great 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.

• (5) In this regulation—

• “Annex 1A” means Annex 1A to Commission Regulation (EC) No 1251/2008 ;

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

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

7

• (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 Great 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 Great 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 Great Britain;

• (e) the extent to which exports of live aquaculture animals from the third country have complied with aquatic animal health requirements in Great Britain;

• (f) the results of any assessment made of the relevant competent authority on behalf of the appropriate authority or any report submitted to the appropriate authority by the relevant competent authority at 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 Great 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 country or territory which is not listed in Annex 3 ... the assessment must demonstrate that the relevant competent authority ... is able to provide appropriate guarantees regarding the compliance of aquaculture animals and products reared or produced in that country or territory (as the case may be) with relevant animal health requirements in Great 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;

• “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.

PART 3 — Functions relating to plant health

Meaning of “the appropriate authority”

8

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

General interpretation

9

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

Power to modify the lists of regulated plant pests and relevant material

10

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

Power to make further derogations

11

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

Power to recognise the equivalence of phytosanitary measures adopted by third countries

12

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

Power to make provision in relation to emergency measures

13

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

PART 4 — General

14

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

15

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 .

16

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

17

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.

18

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.

19

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).

20

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

21

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.

Signed

Gardiner of Kimble — Parliamentary Under Secretary for State — 2019-04-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: Commission Regulation (EC) No 1251/2008 was amended by S.I. 2019/451.

[^f00003]: OJ No. L 328, 24.11.2006, p.14, as last amended by Commission Implementing Directive 2014/22/EU (OJ No. L 44, 14.2.2014, p.45).

[^f00004]: Annex 1A was inserted by regulation 2(19) of S.I. 2019/451.

[^f00005]: S.I. 2019/787.

[^f00006]: 2010 asp 10.

[^f00007]: S.I. 1979/1573 (N.I. 12), amended by S.I. 2018/1242; there are other amending instruments but none is relevant.

[^f00008]: 1954 c. 33; section 41(6) was amended by S.I. 1999/663.

Amendment of Commission Regulation (EC) No 1251/2008

5A

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

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.

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

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

Editorial notes

[^c23704931]: 2018 c. 16.

[^c23704941]: Commission Regulation (EC) No 1251/2008 was amended by S.I. 2019/451.

[^c23704951]: OJ No. L 328, 24.11.2006, p.14, as last amended by Commission Implementing Directive 2014/22/EU (OJ No. L 44, 14.2.2014, p.45).

[^c23704961]: Annex 1A was inserted by regulation 2(19) of S.I. 2019/451.

[^c23704981]: 2010 asp 10.

[^key-b49ddcf42089836c30f32a2495eca25e]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-14e1460fe7958ab55e4b9752d7dc2dad]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-09bce77c32fac60ddc635d5d083a0739]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-340cff4c925b55af8291c978d6e83f9f]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-2b0f6fc32602f86209eba46266d00151]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-6f983ebb30a52820c580a2a47c862738]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-b4bfffeb56bffc169585a9c6c83d7666]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1