Diseases of Fish (Control) (Amendment) Regulations (Northern Ireland) 2002

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Diseases of Fish (Control) Regulations (Northern Ireland) 1996 (“the 1996 Regulations”).

The 1996 Regulations implemented in Northern Ireland Council Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases (O.J. No. L175, 19.07.93, p. 23) (“the Directive”).

These Regulations, in addition to making a number of minor and consequential drafting amendments to the 1996 Regulations, implement, in relation to Northern Ireland, amendments to the Directive made by Council Directive 2000/27/EC (O.J. No. L114, 13.05.2000, p. 28).

The main changes made to the 1996 Regulations are as follows:—

1.  the references to approved zones are deleted as the whole of Northern Ireland is approved under Council Directive 91/67/EEC and Commission Decision 2001/532/EC.

2.  regulation 5 of and Schedule 5 to the 1996 Regulations (which required certain control measures to be taken when the presence of a disease listed in Part I of Schedule 3 to those Regulations is confirmed) has been replaced by a new regulation 5. This provides that where the presence of a disease listed in Part I of Schedule 3 is confirmed on a farm the Department of Agriculture and Rural Development (“the Department”) is required to issue appropriate directions as to the process and timetable for the carrying out of the control measures required to be taken by the occupier of the farm under the regulation. In issuing such directions the Department is to have regard to the scheme established by it pursuant to Article 6 of the Directive (as amended by Council Directive 2000/27/EC) and which was approved by the European Commission by Decision (2001/872/EC) (O.J. No. L325, 07.12.01, p. 33).

3.  regulation 7 of and Schedule 5 to the 1996 Regulations which previously required certain control measures to be taken where the presence of a disease listed in Part II of Schedule 3 was confirmed on a farm in an approved zone or on an approved farm not in an approved zone, has been replaced by a new regulation 7 which requires control measures to be taken on any farm where there is confirmation of the presence of fish with such a disease. As regards the control measures to be applied, the provision in regulation 7 of the 1996 Regulations for the immediate removal of fish to be required has been deleted and there is now provision for directions to be given as to the process of and timetable for the specified control measures to be carried out. In implementation of a derogation provided for under Article 9(3) of the Directive, these directions can include authorisation for the fattening of fish until they reach commercial size and then requiring them to be slaughtered and gutted for marketing or processing for human consumption.

4.  regulation 8, which is spent, is revoked.

5 regulation 10(1) of the 1996 Regulations which prohibited the vaccination of fish against the diseases listed in Schedule 3, Part I, has been replaced by a new regulation 10 which permits the vaccination of fish against diseases listed in Part I of Schedule 3 where the presence of such a disease has been confirmed at any place in Northern Ireland and where the prior authorisation of the Department has been obtained; and

6.  the power of an inspector under regulation 11 of the 1996 Regulations to enter premises for enforcement purposes is no longer exercisable in relation to premises used exclusively as a dwelling.