The Food Safety (Fisheries Products) (Derogations) Regulations 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations relate to the implementation of Council Directive 91/493/EEC of 22nd July 1991, laying down health conditions for the production and placing on the market of fishery products ( “the Directive”). The Directive is to be implemented by 1st January 1993.

One of the requirements of the Directive is that factory vessels, establishments, auction markets and wholesale markets are to be approved, only if they meet the requirements of the Directive. Amongst those requirements are requirements relating to equipment and structures set out in Chapters I to IV of the Annex to the Directive.

The Directive provides for Member States to grant a derogation in respect of certain of the requirements relating to equipment and structures (set out in Chapter IX of the Annex to the Directive) provided that an application for the derogation is made before 1st July 1992 (see regulation 3). All of the requirements relating to equipment and structures are set out in Column (1) of the Schedule to these Regulations. Those which are capable of being the subject of a derogation are indicated appropriately in Column (2) of that Schedule.

These Regulations set out the procedure to be followed on an application for a derogation (see regulation 4) and for how such an application is to be determined (see regulation 5). They set out the conditions which must continue to be satisfied for the derogation to apply (see regulation 5(6) and (7)). They do not implement the main substantive provisions of the Directive.