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

Additional conditions relating to certain third country imports

4.—(1) Subject to paragraphs (3) and (4), no person shall import any fishery products which are for human consumption—

(a) from a third country;

(b) from another country or territory within the European Community if those fishery products do not originate from within the European Economic Area, unless those products were in free circulation in that country or territory within the European Community;

(c) from an EEA State which is not also a member State, unless those fishery products originate from within the European Economic Area,

unless the conditions specified in paragraph (2) are satisfied in relation to those fishery products which he imports.

(2) The conditions referred to in paragraph (1) are that—

(a) except in the circumstances set out in sub-paragraph (b), the fishery products comprise or are part of a consignment which is accompanied by a duly completed health certificate which—

(i) comprises a single sheet,

(ii) is drawn up in English and, where appropriate, in an official language of the country or territory for which those fishery products are destined,

(iii) contains the information mentioned in the specimen health certificate set out in the Annex to Commission Decision 93/185/EEC of 15th March 1993(1) laying down certain transitional measures concerning the certification of fishery products from third countries in order to facilitate the switchover to the arrangements laid down in the Council Directive, and

(iv) contains the health attestation mentioned in that specimen health certificate, duly signed and dated by an official inspector duly appointed by the competent authority of the state of origin of those fishery products;

(b) a person importing fishery products in circumstances where—

(i) those fishery products originate in a third country in respect of which the European Commission has adopted approved import conditions, and

(ii) those approved import conditions relate to those fishery products,

shall import those fishery products in accordance with those approved import conditions.

(3) Fishery products which—

(a) originate in a third country;

(b) were caught in their natural environment; and

(c) have not or had not been on land prior to their importation into the European Community,

need not be accompanied by any health certificate which would otherwise be required under paragraph (2).

(4) Paragraph (1) shall not apply to a person importing a private consignment, if that consignment weighs 1 kilogram or less.

(1)

OJ No. L 79, 1.4.93, p.80.