The Conwy Mussel Fishery (Amendment) Regulations 1994

Explanatory Note

(This note is not part of the Order)

These Regulations revoke article 10 of the Conway Mussel Fishery (Amendment) Order 1948 (S.I. 1948/1888) (“article 10”) and paragraph 4 of the Schedule to the Conwy Mussel Fishery (Variation) Order 1979 (S.I. 1979/1087) (“paragraph 4”) on the grounds that both article 10 and paragraph 4 are inconsistent with the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992 (S.I. 1992/3164) (“the Regulations”).

Article 10 prohibited the taking of mussels for consumption as human food within the fishery to which the article applied except for deposit at specified purification tanks, and created an offence. Paragraph 4 varied article 10 to define the purification tanks as “the tanks maintained by the Minister near Benarth Point for the purification of mussels”.

The Regulations, which implement parts of Council Directive 91/492/EEC of 15th July 1991 (OJ No. L268, 24.9.1991. p.1), laying down the health conditions for the production and placing on the market of live bivalve molluscs, provide inter alia for the designation of areas from which live bivalve molluscs may be taken, approval of purification centres and offences.

These Regulations are made as a consequence of a defect in regulation 22(3) of the Regulations, which was intended to have the same effect as these Regulations.