The Fish Health (Amendment) Regulations 1993

Made: 15th September 1993

Laid before Parliament: 17th September 1993

Coming into force: 11th October 1993

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated[^f00001] for the purposes of section 2(2) of the European Communities Act 1972[^f00002] in relation to the common agricultural policy of the European Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Title and commencement

1

These Regulations may be cited as the Fish Health (Amendment) Regulations 1993, and shall come into force on 11th October 1993.

Amendment of the Fish Health Regulations 1992

2

• (1) The Fish Health Regulations 1992[^f00003] shall be amended in accordance with the provisions of this regulation.

• (2) In paragraph (1) of regulation 2 (interpretation)—

• (a) after the definition of “aquaculture products” there shall be inserted the following paragraph—

• “Commission Decision 93/55/EEC” means Commission Decision of 21st December 1992 amending the guarantees for the introduction of molluscs into zones for which a programme for Bonamia ostreae and Marteilia refringens has been approved[^f00004] as amended by Commission Decision 93/169/EEC of 19th February 1993 amending Decision 93/55/EEC concerning the guarantees for certain molluscs[^f00005];

• (b) for the definition of “Directive 91/67/EEC” there shall be substituted—

• “Directive 91/67/EEC” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products[^f00006] as read with the decisions made under that Directive referred to in Schedule 7 Part I;

• (c) after the definition of “Form F” there shall be inserted the following paragraphs—

• “Form G” means a movement document completed by the Official Service, certifying that the molluscs originate from an area where there has been no history of bonamiosis or marteiliosis in the previous two years confirmed by tests as provided for in Commission Decision 93/55/EEC;
• “Form H” means a movement document completed by the Official Service, certifying that the molluscs have been submitted at the place of despatch to a check ensuring that they do not contain species other than Crassostrea gigas as required by Commission Decision 93/55/EEC;
• “Form I” means a movement document completed by the Official Service, certifying that the site of origin complies with the conditions of Commission Decision 93/44/EEC of 21st December 1992 approving the programmes concerning spring viraemia of carp submitted by the United Kingdom, and defining the additional guarantees for certain fish species for consignment to Great Britain, Northern Ireland, the Isle of Man and Guernsey[^f00007];

• (d) for the definition of “movement document” there shall be substituted—

• “movement document” means a document duly completed and— in the case of Form A, Form B, Form C, Form D, Form E and Form F corresponding to the forms set out in Directive 91/67/EEC; in the case of Form G, Form H and Form I complying with theseRegulations;

• (3) In paragraph (2)(b) of regulation 3 (placing on the market of aquaculture animals and aquaculture products) the words “Directive 91/67/EEC” shall be substituted for “Directive 91/67”.

• (4) After paragraph (2)(c) of regulation 6 (validity of movement documents) there shall be added—

(d) it has been incorrectly issued by an Official Service.

• (5) In paragraph (5) of regulation 9 (introduction of live molluscs, eggs and gametes) the words “and not subsequently relaid elsewhere than another approved storage centre” shall be omitted.

• (6) For Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

• (7) For Schedule 4 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.

• (8) For Schedule 7 there shall be substituted the Schedule set out in Schedule 3 to these Regulations.

SCHEDULE 1 — PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 2 TO THE FISH HEALTH REGULATIONS 1992

SCHEDULE 2 — PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 4 TO THE FISH HEALTH REGULATIONS 1992

SCHEDULE 3 — PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 7 TO THE FISH HEALTH REGULATIONS 1992

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

Gillian Shephard — Minister of Agriculture, Fisheries and Food — 15th September 1993.

Allan Stewart — Parliamentary Under Secretary of State, Scottish Office — 15th September 1993

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Fish Health Regulations 1992 (“the principal Regulations”) so as to implement Commission Decision 93/44/EEC, Commission Decision 93/55/EEC and Commission Decision 93/169/EEC. Details of these Commission Decisions are set out in Schedule 3 to these Regulations.

The Regulations—

• (a) provide alternative movement documents for molluscs (Forms G and H) (regulation 2(2)(c) and (7));

• (b) require an additional movement document for species of carp (Form I) (regulation 2(2)(c) and (6));

• (c) provide that a movement document which has been incorrectly issued shall not be a valid movement document (regulation 2(4)); and

• (d) revise the definition of “Directive 91/67/EEC” (regulation 2(2)(b) and (8)).

The Regulations also make some drafting amendments to the principal Regulations.

Footnotes

[^f00001]: S.I. 1972/1811.

[^f00002]: 1972 c. 68.

[^f00003]: S.I. 1992/3300.

[^f00004]: OJ No. L14, 22.1.93, p. 24.

[^f00005]: OJ No. L71, 24.3.93, p. 16.

[^f00006]: OJ No. L46, 19.2.91, p. 1.

[^f00007]: OJ No. L16, 25.1.93, p. 53.