LegalizeS.I. No. 261/2008 - European Communities (Health of Aquaculture Animals and Products) Regulations 2008
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
6 amending acts · 2019-07-12, S.I. No. 337/2019 - European Union (Animal Health) (Adaptation And Miscellaneous Amendmen…
The Marine Institute may, for the purpose of controlling the risk or spread of a disease apply any provisions of these Regulations to—
- (a) wild aquatic animals, or
- (b) a disease not listed in Annex IV to the Council Directive or in the Commission Decision so far as the Commission Decision relates to the State.
Laboratories
The Marine Institute may, designate, by instrument in writing, a laboratory for the purposes of Article 57 of the Council Directive, and the persons for the time being employed or engaged in the analysis of samples at a laboratory so designated may perform the functions specified in that Article.
Revocations, amendment, etc.
(1) The following are revoked—
- (a) the European Communities (Aquaculture animals and fish) (Placing on the market and control of certain Diseases) Regulations 1996 ( S.I. No. 253 of 1996 ),
- (b) the European Communities (Trade in Fish) Regulations 1997 ( S.I. No. 191 of 1997 ),
- (c) the European communities (Importation of fish from Third countries) Regulations 1997 ( S.I. No. 192 of 1997 ),
- (d) the European Communities (Minimum measures for the control of certain diseases affecting bivalve molluscs) Regulations 1999 ( S.I. No. 26 of 1999 ), and
- (e) the European Communities (Minimum measures for the control of certain diseases affecting bivalve molluscs) (Amendment) Regulations 2001 ( S.I. No. 17 of 2001 ).
- (2) If there is a conflict between—
- (a) a condition of an aquaculture licence (within the meaning of Part VIA (inserted by the Foyle and Carlingford Fisheries Act 2007 of the Foyle Fisheries Act 1952 or the Fisheries (Amendment) Act 1997 ) and a condition of a fish health authorisation, the condition of the fish health authorisation prevails, or
- (b) between the Aquaculture Acts and these Regulations, these Regulations prevail.
- (3) The European Communities (Veterinary checks on fish and fishery products imported from third countries) Regulations 2003 ( S.I. No. 548 of 2003 ) are amended, in Regulation 2(1) by the substitution for the definition of “Directive”, of—
“ ‘Directive’ means Council Directive No. 91/496/EEC of 15 July 1991 as amended by Council Decision No. 92/438/EEC of 13 July 1992, and Council Directive No. 97/78/EC of 18 December 1997;”
GIVEN under my Official Seal,
10 July 2008
BRENDAN SMITH.
Minister for Agriculture, Fisheries and Food.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations give effect to Council Directive 2006/88/EC of 24 October 2006 on animal health requirements for aquaculture animals and products thereof, and on the prevention and control of certain diseases in aquatic animals. The Regulations replace and revoke existing Regulations in this field.
Footnotes
O.J. No. L 328 of 24.11.2006, p. 14.
O.J. No. L 117 of 1.5.2008, p. 27.
O.J. No. L 156 of 30.4.2004, p. 5
O.J. No. L 99 of 7.4.2006, p. 31.
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