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

Regulation 14

SCHEDULE 7 AMENDMENTS TO THE IMPORT AND EXPORT REGULATIONS

1.  In paragraph (2) of regulation 1 of the Import and Export Regulations (title, commencement, interpretation and application)—

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

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

(b) the definition of “live bivalve molluscs” shall be omitted; and

(c) after the definition of “official veterinary surgeon” there shall be inserted the following definition—

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

2.  For regulation 5 of the Import and Export Regulations (Application of Part II) there shall be substituted the following regulation—

“Application of Part II

5.   This Part of these Regulations shall apply to—

(a) trade with other member States in products of animal origin which originate in a member State;

(b) trade with other member States in products of animal origin which—

(i) originate in a third country, and

(ii) are in free circulation in member States; and

(c) imported fishery products which—

(i) originate in a third country,

(ii) were caught in their natural environment, and

(iii) have not or had not been on land prior to their importation into the European Community.”.

3.—(1) In paragraph (1) of regulation 7 of the Import and Export Regulations (inspection and checking of imports), for the words “originating in a member State” there shall be inserted the words “to which this Part of these Regulations applies”.

(2) In paragraph (2) of regulation 7 of the Import and Export Regulations, for the words “from another member State” there shall be substituted the words “to which this Part of these Regulations applies”.

(3) In paragraph (4) of regulation 7 of the Import and Export Regulations, for the words “from another member State” there shall be substituted the words “to which this Part of these Regulations applies”.

(4) In paragraph (5) of regulation 7 of the Import and Export Regulations, for the words “entering the establishment from another member State” there shall be substituted the words “which are products to which this Part of these Regulations applies and which enter the establishment”.

(5) In paragraph (6) of regulation 7 of the Import and Export Regulations, for the words “consigned to him from another member State” there shall be substituted the words “which is a product to which this Part of these Regulations applies”.

4.  In regulation 13 of the Import and Export Regulations (Application of Part III), after paragraph (b) there shall be inserted “with the exception that this Part of these Regulations shall not apply to imports to which regulation 5(c) of these Regulations applies”.

5.—(1) In each of the provisions to which sub-paragraph (2) refers, after the words “bivalve molluscs” there shall be inserted the words “or other shellfish”.

(2) Those provisions are regulation 15(1) (import procedure), regulation 16(1) (import procedure on fishery products), regulation 17(b) and (c) (free zones and free warehouses), regulation 18(3) (transhipment under customs control) and regulation 19(3) (consignments posing a risk to health and illegal consignments) of the Import and Export Regulations.