The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994

General restriction on importing fishery products

3.—(1) Subject to paragraphs (2) and (3), no person shall import any fishery products which are for human consumption, unless—

(a) except where paragraph (b) or (c) applies, they are products in respect of which all applicable requirements of the Council Directive, the Fishing Vessels Directive, the Live Bivalve Molluscs Directive (allowing for any derogations which have been granted from the conditions set out in those Directives) and the Council and Commission Decisions are satisfied;

(b) if they originate in a third country (including products taken from the sea and then landed in Great Britain by the vessel of a third country)(1), then unless paragraph (c) applies, they are products in respect of which the requirements specified in Schedule 3 are satisfied;

(c) if they are products in respect of which two or more countries have been concerned with their production—

(i) where they have undergone any process or operation in an EEA State or on board a vessel of an EEA State, all applicable requirements of the Council Directive, the Fishing Vessels Directive, the Live Bivalve Molluscs Directive (allowing for any derogations which have been granted from the conditions set out in those Directives) and the Council and Commission Decisions which relate to that process or operation are satisfied, and

(ii) where they have undergone any process or operation in a third countryor on board a vessel of a third country, the requirements specified in Schedule 3 which relate to that process or operation are satisfied; and

(d) any additional conditions imposed under regulation 4 are satisfied,

in relation to those fishery products which he imports.

(2) Paragraph (1) shall not apply to a person importing a private consignment—

(a) from a country or territory within the European Community, unless that consignment is a consignment of trade samples which weighs more than 10 kilograms; or

(b) from any other country or territory, if that consignment weighs 1 kilogram or less.

(3) Paragraphs 1 to 6 of Schedule 3 shall not apply to aquaculture products.

(1)

See Council Regulation (EEC) No. 802/68 on the Common Definition of the Concept of the Origin of Goods, and protocol 4 to the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 6/94 amending protocol 4 to the EEA Agreement, on rules of origin (OJ No. L 95, 14.4.94, p.22).