Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/2783 |
1994 No. 2783
FOOD
FOOD SAFETY
The Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994
Made 31th October 1994
Laid before Parliament 31th October 1994
Coming into force 21th November 1994
The Minister of Agriculture, Fisheries and Food, the Secretaries of State respectively concerned with health in England and food and health in Wales, acting jointly in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1), 17(1), 18(1)(c), 26(3), 48(1) and 49(2) of, and paragraphs 2, 5(1) and (2), 6(1) and 7(1) of Schedule 1 to, the Food Safety Act 19901, and the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, being Ministers designated2for the purposes of section 2(2) of the European Communities Act 19723in relation to the common agricultural policy of the European Community, in the exercise of the powers conferred on them by the said section 2(2), and in each case in exercise of all other powers respectively enabling them in that behalf, after consultation (so far as is required by section 48(4) of the Food Safety Act 1990) with such organisations as appear to them to be representative of interests likely to be substantially affected, hereby make the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994 and shall come into force on 21st November 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/EEC4of 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 Agreement5;
“the Derogations Regulations” means the Food Safety (Fishery Products) (Derogations) Regulations 19926;
“the Docks and Carriers Regulations” means the Food Hygiene (Docks, Carriers etc.) Regulations 19607;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19928as adjusted by the Protocol signed at Brussels on 17th March 19939;
“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 Liechtenstein10;
“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/EEC11of 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 Islands12;
“the Import and Export Regulations” means the Products of Animal Origin (Import and Export) Regulations 199213;
“the Live Bivalve Molluscs Directive” means Council Directive 91/492/EEC14of 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 Agreement15;
“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 199216;
“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 199117;
“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)
(a) to a numbered Chapter is to the Chapter in the Annex to the Council Directive bearing that number;
(b)
(b) to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
(c)
(c) in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
(d)
(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
General restriction on importing fishery products
3.—(1) Subject to paragraphs (2) and (3), no person shall import any fishery products which are for human consumption, unless—
(a)
(a) except where paragraph (b) or (c) applies, they are products in respect of which all applicable requirements of the Council Directive, the Fishing Vessels Directive, the Live Bivalve Molluscs Directive (allowing for any derogations which have been granted from the conditions set out in those Directives) and the Council and Commission Decisions are satisfied;
(b)
(b) if they originate in a third country (including products taken from the sea and then landed in Great Britain by the vessel of a third country)18, then unless paragraph (c) applies, they are products in respect of which the requirements specified in Schedule 3 are satisfied;
(c)
(c) if they are products in respect of which two or more countries have been concerned with their production—
(i) where they have undergone any process or operation in an EEA State or on board a vessel of an EEA State, all applicable requirements of the Council Directive, the Fishing Vessels Directive, the Live Bivalve Molluscs Directive (allowing for any derogations which have been granted from the conditions set out in those Directives) and the Council and Commission Decisions which relate to that process or operation are satisfied, and
(ii) where they have undergone any process or operation in a third countryor on board a vessel of a third country, the requirements specified in Schedule 3 which relate to that process or operation are satisfied; and
(d)
(d) any additional conditions imposed under regulation 4 are satisfied,
in relation to those fishery products which he imports.
(2) Paragraph (1) shall not apply to a person importing a private consignment—
(a)
(a) from a country or territory within the European Community, unless that consignment is a consignment of trade samples which weighs more than 10 kilograms; or
(b)
(b) from any other country or territory, if that consignment weighs 1 kilogram or less.
(3) Paragraphs 1 to 6 of Schedule 3 shall not apply to aquaculture products.
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)
(a) from a third country;
(b)
(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)
(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)
(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/EECof 15th March 199319laying 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)
(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)
(a) originate in a third country;
(b)
(b) were caught in their natural...
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