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

1.  In paragraph (1) of regulation 2 of the principal Regulations (interpretation)—

(a) after the definition of “the Act” there shall be inserted the following definition—

• ““approved import conditions” has the same meaning as in the Import Conditions Regulations;”;

(b) after the definition of “batch” there shall be inserted the following definition—

““bivalve molluscs” means any filter-feeding lamellibranch molluscs;”;

(c) in the definition of “the Council Directive”, after the words “fishery products” there shall be inserted the words “, as adapted for the purposes of the EEA Agreement(1)”;

(d) after the definition of “establishment” there shall be inserted the following definitions—

““EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(2) as adjusted by the Protocol signed at Brussels on 17th March 1993(3);

“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(4);”;

(e) for the definition of “fishery products” there shall be substituted the following definition—

• ““fishery products” means—

  (a)

  all seawater or freshwater animals, including their roes; and

  (b)

  parts of such animals, except in circumstances where they—

  (c)

  are combined (in whatever way) with other foodstuffs, and

  (ii)

  comprise less than 10% of the total weight of the combined foodstuffs,

  but excluding aquatic mammals, frogs and aquatic animals covered by Community Acts other than the Council Directive, and parts of such mammals, frogs and aquatic animals;”;

(f) after the definition of “frozen products” there shall be inserted the following definitions—

““the Import Conditions Regulations” means the Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994;

“imported” means imported into Great Britain, but only if the product in question was not imported from another part of the British Islands(4);”;

(g) after the definition of “means of transport” there shall be inserted the following definition—

““other shellfish” means echinoderms, tunicates or marine gastropods;”; and

(h) for the definition of “processed product” there shall be substituted the following definition—

• ““processed” means—

  (a)

  except in relation to bivalve molluscs or other shellfish, having undergone a chemical or physical process such as the heating, smoking, salting, dehydration or marinating of chilled or frozen products, or a combination of these various processes;

  (b)

  in relation to bivalve molluscs or other shellfish, any process or any combination of processes such as those referred to in sub-paragraph (a) above, unless as a result of that process or combination of processes the bivalve molluscs or other shellfish remain alive;”.

(1)

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

(2)

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

(3)

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

(4)

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