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

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“approved import conditions” means the conditions for the importation of fishery products which are laid down in any Commission Decision listed in Schedule 1;

“aquaculture products” has the same meaning as in the principal Regulations;

“bivalve molluscs” has the same meaning as in the principal Regulations;

“consignment”, except in the expression “private consignment”, has the same meaning as in the principal Regulations;

“the Council and Commission Decisions” means the Council and Commission Decisions listed in Schedule 2;

“the Council Directive” means Council Directive 91/493/EEC(1) of 22nd July 1991 laying down the health conditions for the production and placing on the market of fishery products, as adapted for the purposes of the EEA Agreement(2);

“the Derogations Regulations” means the Food Safety (Fishery Products) (Derogations) Regulations 1992(3);

“the Docks and Carriers Regulations” means the Food Hygiene (Docks, Carriers etc.) Regulations 1960(4);

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(5) as adjusted by the Protocol signed at Brussels on 17th March 1993(6);

“EEA State” means a State which is a Contracting Party to the EEA Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein(7);

“factory vessel” has the same meaning as in the principal Regulations;

“fishery products” has the same meaning as in the principal Regulations;

“the Fishing Vessels Directive” means Council Directive 92/48/EEC(8) of 16th June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with article 3(1)(a)(i) of the Council Directive;

“import” means import into Great Britain, but only if the product in question is not imported from another part of the British Islands(9);

“the Import and Export Regulations” means the Products of Animal Origin (Import and Export) Regulations 1992(10);

“the Live Bivalve Molluscs Directive” means Council Directive 91/492/EEC(11) of 15th July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs, as adapted for the purposes of the EEA Agreement(12);

“local authority” has the same meaning as in the Import and Export Regulations;

“other shellfish” has the same meaning as in the principal Regulations;

“the principal Regulations” means the Food Safety (Fishery Products) Regulations 1992(13);

“private consignment” means a quantity of fishery products which are—

(a)

imported as trade samples; or

(b)

not being imported by way of trade, and which—

(i)

form part of a traveller’s personal luggage, or

(ii)

have been sent to a person, other than a body of persons corporate or unincorporate, in Great Britain;

“processed” has the same meaning as in the principal Regulations;

“the Safeguards against Cholera Regulations” means the Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991(14);

“third country” means any country or territory which is not part of the European Economic Area including, until the EEA Agreement comes into force in relation to Liechtenstein, the State of Liechtenstein.

(2) In these Regulations, unless the context otherwise requires, a reference—

(a) to a numbered Chapter is to the Chapter in the Annex to the Council Directive bearing that number;

(b) to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

(c) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(1)

.OJ No. L 268, 24.9.91, p.15

(2)

See paragraph 24 of the basic texts in Annex I to the EEA Agreement.

(3)

S.I. 1992/1507.

(4)

S.I. 1960/1602; the relevant amending instruments are S.I. 1990/2486 and 1992/3163.

(5)

OJ No. L 1, 3.1.94, p.3.

(6)

OJ No. L 1, 3.1.94, p.572.

(7)

See article 1(2) of the Protocol Adjusting the Agreement on the European Economic Area.

(8)

OJ No. L 187, 7.7.92, p.41.

(9)

“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man, see section 5 of and Schedule 1 to the Interpretation Act 1978 (c. 30).

(10)

S.I. 1992/3298.

(11)

OJ No. L 268, 24.9.91, p.1.

(12)

See paragraph 25 of the basic texts in Annex I to the EEA Agreement.

(13)

S.I. 1992/3163.

(14)

S.I. 1991/2486, amended by S.I. 1991/2934 and S.I. 1992/2364.