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Statutory Instruments
RIVER, ENGLAND AND WALES
RIVER, SCOTLAND
SALMON AND FRESHWATER FISHERIES
SEA FISHERIES
SHELLFISH
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(1) for the purposes of section 2(2) of the European Communities Act 1972(2) 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:
1. These Regulations may be cited as the Fish Health (Amendment) Regulations 1993, and shall come into force on 11th October 1993.
2.—(1) The Fish Health Regulations 1992(3) 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(4) as amended by Commission Decision 93/169/EEC of 19th February 1993 amending Decision 93/55/EEC concerning the guarantees for certain molluscs(5);”;
(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(6) 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(7);”;
(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.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
15th September 1993.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
15th September 1993
(Regulation 2(6))
(Regulation 7)
Item | Zone | Live fish, eggs and gametes(a) | Form of movement document | Diseases(a) | ||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) | ||||||||||||||||||||||||||||
(a) The common names of the fish referred to in this Schedule are as follows:
| ||||||||||||||||||||||||||||||||
(b) Where the full names of the diseases are not setout in column 5 they are set out in Schedule 1.” | ||||||||||||||||||||||||||||||||
1 | Great Britain | Live farmed fish of the species— Oncorhynchus nerka Oncorhynchus tschawytscha Oncorhynchus rhodurus | Form A Form E | IHN VHS | ||||||||||||||||||||||||||||
2 | Great Britain | Live wild fish of the species— Oncorhynchus nerka Oncorhynchus tschawytscha Oncorhynchus rhodurus | Form A Form F | IHN VHS | ||||||||||||||||||||||||||||
3 | Great Britain | Eggs and gametes of farmed fish of the species— Oncorhynchus nerka Oncorhynchus tschawytscha Oncorhynchus rhodurus | Form A or Form B Form E | IHN VHS | ||||||||||||||||||||||||||||
4 | Great Britain | Eggs and gametes of wild fish of the species— Oncorhynchus nerka Oncorhynchus tschawytscha Oncorhynchus rhodurus | Form A Form F | IHN VHS | ||||||||||||||||||||||||||||
5 | Great Britain | Live farmed fish of the species— Salmo trutta | Form A Form E VHS IHN | |||||||||||||||||||||||||||||
6 | Great Britain | Live wild fish of the species— Salmo trutta | Form A Form F | VHS IHN | ||||||||||||||||||||||||||||
7 | Great Britain | Eggs and gametes of farmed fish of the species— Salmo trutta | Form A or Form B Form E | VHS IHN | ||||||||||||||||||||||||||||
8 | Great Britain | Eggs and gametes of wild fish of the species— Salmo trutta | Form A Form F | VHS IHN | ||||||||||||||||||||||||||||
9 | Great Britain | Live farmed fish of the species— Thymallus thymallus Coregonus sp. Esox lucius (fry only) | Form A Form E | VHS IHN | ||||||||||||||||||||||||||||
10 | Great Britain | Live wild fish of the species— Thymallus thymallus Coregonus sp. Esox lucius (fry only) | Form A Form F | VHS IHN | ||||||||||||||||||||||||||||
11 | Great Britain | Eggs and gametes of farmed fish of the species— Thymallus thymallus Coregonus sp. | Form A or Form B Form E | VHS IHN | ||||||||||||||||||||||||||||
12 | Great Britain | Eggs and gametes of wild fish of the species— Thymallus thymallus Coregonus sp. | Form A Form F | VHS IHN | ||||||||||||||||||||||||||||
13 | Great Britain | Live farmed and wild fish of the species— Oncorhynchus mykiss Salmo salar | Form A | IHN and VHS | ||||||||||||||||||||||||||||
14 | Great Britain | Eggs and gametes of farmed and wild fish of the species— Oncorhynchus mykiss Salmo salar | Form A or Form B | IHN and VHS | ||||||||||||||||||||||||||||
15 | Great Britain | Live farmed fish, their eggs and gametes of the following species— Cyprinus carpio Ctenopharyngodon idella Hypophthalmichthys nobilis Hypophthalmichthys molitrix | Form E Form I | IHN and VHS Spring viraemia of carp | ||||||||||||||||||||||||||||
16 | Great Britain | Live wild fish, their eggs and gametes of the following species— Cyprinus carpio Ctenopharyngodon idella Hypophthalmichthys nobilis Hypophthalmichthys molitrix | Form F Form I | IHN and VHS Spring viraemia of carp | ||||||||||||||||||||||||||||
17 | Great Britain | Live farmed fish, their eggs and gametes other than fish of the following species— Oncorhynchus nerka Oncorhynchus tschawytscha Oncorhynchus rhodurus Salmo trutta Thymallus thymallus Coregonus sp. Esox lucius (fry only) Oncorhynchus mykiss Salmo salar Cyprinus carpio Ctenopharyngodon idella Hypophthalmichthys nobilis Hypophthalmichthys molitrix their eggs and gametes | Form E | IHN and VHS | ||||||||||||||||||||||||||||
18 | Great Britain | Live wild fish, their eggs and gametes other than fish of the following species— Oncorhynchus nerka Oncorhynchus tschawytscha Oncorhynchus rhodurus Salmo trutta Thymallus thymallus Coregonus sp. Esox lucius (fry only) Oncorhynchus mykiss Salmo salar Cyprinus carpio Ctenopharyngodon idella Hypophthalmichthys nobilis Hypophthalmichthys molitrix their eggs and and gametes | Form F | IHN and VHS |
(Regulation 2(7))
(Regulation 9)
Item | Zone | Live molluscs eggs and gametes(a) | Form of movement document | Diseases |
---|---|---|---|---|
(1) | (2) | (3) | (4) | (5) |
(a) The common name of Ostrea edulis is flat oyster. The common name of Crassostrea gigas is Pacific oyster.” | ||||
1 | Great Britain | Live farmed molluscs of the species Ostrea edulis, their eggs and gametes | Form C, Form D or Form G | Bonamiosis Marteiliosis |
2 | Great Britain | Live wild molluscs of the species Ostrea edulis, their eggs and gametes | Form C or Form G | Bonamiosis Marteiliosis |
3 | Great Britain | Live farmed molluscs of the species Crassostrea gigas, their eggs and gametes | Form E or Form G Form H | Bonamiosis Marteiliosis |
4 | Great Britain | Live wild molluscs of the species Crassostrea gigas, their eggs and gametes | Form F or Form G Form H | Bonamiosis Marteiliosis |
5 | Great Britain | Live farmed molluscs, their eggs and gametes of species other than the species Ostrea edulis Crassostrea gigas | Form E or Form G | Bonamiosis Marteiliosis |
6 | Great Britain | Live wild molluscs, their eggs and gametes of species other than the species Ostrea edulis Crassostrea gigas | Form F or Form G | Bonamiosis Marteiliosis |
(Regulation 2(8))
Decision | OJ Reference |
---|---|
Commission Decision 92/528/EEC of 9 November 1992 approving the programmes concerning bonamiosis and marteiliosis submitted by the United Kingdom. | OJ No. L332, 18.11.92, p. 25. |
Commission Decision 92/532/EEC of 19 November 1992 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases. | OJ No. L337, 21.11.92, p. 18. |
Commission Decision 92/538/EEC of 9 November 1992 concerning the status of Great Britain and Northern Ireland with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia. | OJ No. L347, 28.11.92, p. 67. |
Commission Decision 93/22/EEC of 11 December 1992 laying down the model of the movement documents referred to in Article 14 of Council Directive 91/67/EEC. | OJ No. L16, 25.1.93, p. 8. |
Commission Decision 93/39/EEC of 18 December 1992 concerning the status of Guernsey with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia. | OJ No. L16, 25.1.93, p. 46. |
Commission Decision 93/40/EEC of 18 December 1992 concerning the status of the Isle of Man with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia. | OJ No. L16, 25.1.93, p. 47. |
Commission Decision 93/44/EEC of 21 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. | OJ No. L16, 25.1.93, p. 53. |
Commission Decision 93/55/EEC of 21 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. | OJ No. L14, 22.1.93, p. 24. |
Commission Decision 93/56/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by Ireland. | OJ No. L14, 22.1.93, p. 25. |
Commission Decision 93/57/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for Jersey. | OJ No. L14, 22.1.93, p. 26. |
Commission Decision 93/58/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for Guernsey. | OJ No. L14, 22.1.93, p. 27. |
Commission Decision 93/59/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for the Isle of Man. | OJ No. L14, 22.1.93, p. 28. |
Commission Decision 93/73/EEC of 21 December 1992 concerning the status of Ireland with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia. | OJ No. L27, 4.2.93, p. 34. |
Commission Decision 93/74/EEC of 21 December 1992 concerning the status of Denmark with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia. | OJ No. L27, 4.2.93, p. 35. |
Commission Decision 93/169/EEC of 19 February 1993 amending Decision 93/55/EEC concerning the guarantees for certain molluscs. | OJ No. L71, 24.3.93, p. 16. |
Relevant provisions: Articles 3, 4, 7 to 11, 14 and 16.”
(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.
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