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The Aquatic Animal Health and Alien Species in Aquaculture, Animals, and Marketing of Seed, Plant and Propagating Material (Legislative Functions and Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2020

Type Statutory-Instrument
Publication 2020-12-07
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
Reform history JSON API PDF

Made: 7th December 2020

Coming into force in accordance with regulation 1(2)

A draft of this instrument has been laid before Parliament and approved by a 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, commencement, extent and application

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PART 2 — Amendments to EU Exit domestic legislation

CHAPTER 1 — Amendments to legislation relating to alien and locally absent species in aquaculture

Amendment of the Aquatic Animal Health and Alien Species in Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

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(a) in paragraph 1— (i) for “the Union” substitute “Great Britain”; (ii) omit the words from “taking place” to the end; (b) in paragraph 2, for “Member States” substitute “Great Britain”; (c) in paragraph 3, for “the jurisdiction of Member States” substitute “Great Britain”; (d) in paragraph 4, for the words from “comply with” to the end substitute “are closed ornamental facilities within the meaning of Article 2(a) of Commission Regulation 1251/2008[^f00003].”;

(ii) for “their territory” substitute “the constituent GB territory for which it is responsible”;

(ii) for “their territory” substitute “the constituent GB territory for which it is responsible”;

(c) for paragraph 18 substitute— (18) ‘the appropriate authority’ means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers; (c) in relation to Scotland, the Scottish Ministers; but the appropriate authority is the Secretary of State if consent is given— (a) in relation to Wales, by the Welsh Ministers; (b) in relation to Scotland, by the Scottish Ministers; (d) for paragraph 19 substitute— (19) ‘constituent GB territory’ means England, Wales or Scotland, as the case may be.

(a) in paragraph 1— (i) for “Member States” substitute “The appropriate authority”; (ii) after “biodiversity” insert “in Great Britain”;

(a) in paragraph 2, for “the territory of the Union” substitute “Great Britain”; (b) for paragraph 3, substitute— (3) The quarantine facility may be located in a constituent GB territory which is not the constituent GB territory in which the receiving aquaculture facility is located, provided that the appropriate authorities concerned agree and that this option has been included in the risk assessment under Article 9.

(13) In Article 21, for the unnumbered paragraph substitute— (1) The competent authority may, in exceptional cases and subject to approval where required by paragraph 2, require quarantine in accordance with Article 15(2), (3) and (4) before release of species from non-routine translocations into open aquaculture facilities. (2) Where the appropriate authority is a different person to the competent authority, prior approval of the appropriate authority is required. The request for approval by the appropriate authority must indicate the reasons why quarantine is required. The appropriate authority must reply to such requests within 30 days.

(17) In Annex 3— (a) in the second paragraph— (i) omit “in the Member State of its location”; (ii) for the last sentence, substitute— If the quarantine facility is not located in the constituent GB territory into which the alien species is to be introduced or the locally absent species is to be translocated (“the receiving constituent GB territory”), the advisory committee responsible for the quarantine facility and the advisory committee in the receiving constituent GB territory must agree on the duration. (b) in the paragraphs under the heading “Mortalities and disposal”— (i) after “competent authority”, in both places where it occurs, insert “responsible for the facility”; (ii) in the second paragraph, for “and Member States” substitute “, which”.

(2) In Article 2— (a) in the words before point (a), for “Article 24(2)” substitute “Article 24(3)”; (b) in point (b), for “a certain Member State” substitute “Great Britain”. (3) After Article 2 insert— In this Regulation, “the appropriate authority” means— (a) in relation to England, the Secretary of State; (b) in relation to Wales, the Welsh Ministers; (c) in relation to Scotland, the Scottish Ministers; but the appropriate authority is the Secretary of State if consent is given— (a) in respect of the functions exercisable in relation to Wales, by the Welsh Ministers; (b) in respect of the functions exercisable in relation to Scotland, by the Scottish Ministers.

(8) In the Annex, in points 2.1.2.2, 3.2 and 3.4.3, omit “also in a second Community language (some lines)”.

Amendment of the Aquatic Animal Health and Alien Species in Aquaculture (Amendment) (England and Wales) (EU Exit) Regulations 2019

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(2A) In regulations 6(1)(b) and 8(1), for the words “the United Kingdom” substitute “Great Britain”.

(4) For regulation 25 substitute— (25) The competent authority may disclose information to— (a) the equivalent authority in Scotland for the purposes of Council Regulation 708/2007, these Regulations, or legislation corresponding to these Regulations in Scotland; (b) the equivalent authority in Northern Ireland for the purposes of Council Regulation 708/2007, as it has effect by virtue of section 7A of the European Union (Withdrawal) Act 2018[^f00005], these Regulations, or legislation corresponding to these Regulations in Northern Ireland.

Amendment of the Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019

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(1A) In Article 23, for the second and third paragraphs substitute— To facilitate the sharing of information contained in its register, the appropriate authority must use the information system set out in Commission Regulation 535/2008[^f00007]. The appropriate authority may, by regulations, amend provisions of Commission Regulation 535/2008 relating to the establishment and development of an information system.

(c) amend Article 2 of Commission Regulation (EC) 535/2008 to adapt the specifications for the conditions necessary for adding species to Annex 4, as provided for in paragraph 3.

CHAPTER 2 — Amendments to legislation relating to aquatic animal health and animals

Amendment of the Aquatic Animal Health and Plant Health (Legislative Functions) (EU Exit) Regulations 2019

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(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.

(5) In this regulation— - “Annex 1A” means Annex 1A to Commission Regulation (EC) No 1251/2008[^f00009]; - “constituent GB territory” means England, Wales or Scotland, as the case may be.

  • “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.

Amendment of the Animals (Legislative Functions) (EU Exit) Regulations 2019

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(2) The appropriate authority that introduced the safeguard measures must notify each affected exporting country of the reasons for introducing such measures.

(i) in the fourth paragraph, for “Member States shall aim their monitoring programmes” substitute “The monitoring programmes must be designed by the Secretary of State, with the consent of each other authority which, in relation to any part of Great Britain, is the appropriate authority so as”;

(i) for “the Community” substitute “Great Britain”;

(aa) for “the Community” substitute “Great Britain”;

(ii) in point (c), for “the Community” substitute “Great Britain”;

Amendment of the Zoonotic Disease Eradication and Control (Amendment) (EU Exit) Regulations 2019

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(d) ‘constituent territory’ means England, Wales or Scotland, as the case may be; (e) ‘third country’ means a country or territory outside the British Islands;

(12) Omit Article 9.

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