The Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994

1.—(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 definitions—

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

“aquaculture products” has the same meaning as in the Food Safety (Fishery Products) Regulations 1992(1);”;

(b) in the definition of “the Council Directive”, after the words “bivalve molluscs” there shall be inserted the words “, as adapted for the purposes of the EEA Agreement(2)”;

(c) 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(3) as adjusted by the Protocol signed at Brussels on 17th March 1993(4);

“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(5);”;

(d) for the definition of “healthmark” there shall be substituted the following definition—

““healthmark” means a healthmark which (as the context requires) is in accordance with—

(a) Schedule 1;

(b) Schedule 1 to the Northern Ireland Regulations;

(c) any law of another EEA State, the Isle of Man or the Channel Islands which is intended to give effect to the results to be achieved by Chapter X, in so far as it applies to those islands; or

(d) any approved import conditions;”;

(e) after the definition of “healthmark” there shall be inserted the following definitions—

““the Import Conditions Regulations” means the Food Safety (Live Bivalve Molluscs and Other Shellfish) (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(6);”;

(f) for the definition of “movement document” there shall be substituted the following definition—

““movement document” means—

(a) in relation to any batch transported from a production area to—

(i) an approved relaying area in Great Britain, or

(ii) a dispatch or purification centre approved in accordance with these Regulations,

a movement document which meets the requirements of paragraph 6(4) and (5) of Schedule 2;

(b) in relation to any batch transported from a production area to—

(i) an approved relaying area in Northern Ireland, or

(ii) a dispatch or purification centre approved in accordance with the Northern Ireland Regulations,

a movement document which meets the requirements of paragraph 6(4) and (5) of Schedule 2 to the Northern Ireland Regulations;

(c) in relation to any batch transported from a production area to—

(i) an approved relaying area in the Channel Islands or the Isle of Man, or

(ii) a dispatch or purification centre approved in accordance with any law passed by the legislature of any of the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved in relation to the approval of dispatch and purification centres by the Council Directive, in so far as it applies to those islands,

a movement document which meets the requirements of any law passed by the legislature of any of the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by paragraph 6 of Chapter II, in so far as it applies to those islands;”;

(g) after the definition of “movement document” there shall be inserted the following definition—

““the Northern Ireland Regulations” means the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations (Northern Ireland) 1993(7);”;

(h) for the definition of “permanent transport authorisation” there shall be substituted the following definition—

““permanent transport authorisation” means a written authorisation which has been—

(a) issued by a food authority and which meets the requirements of paragraph 6(8) of Schedule 2;

(b) issued by a district council in Northern Ireland and which meets the requirements of paragraph 6(8) of Schedule 2 to the Northern Ireland Regulations; or

(c) granted by a competent authority in the Channel Islands or the Isle of Man and which meets the requirements of any law passed by the legislature of any of the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by the final unnumbered paragraph of paragraph 6 of Chapter II, in so far as it applies to those islands;”; and

(i) after the definition of “purification centre” there shall be inserted the following definition—

““registered market” means a market registered pursuant to an application made under regulation 13 of the Food Safety (Fishery Products) Regulations 1992;”.

(2) In paragraph (3) of regulation 2 of the principal Regulations—

(a) in sub-paragraph (b), after the words “regulation”, in both places where it occurs, there shall be inserted the words “or Schedule”;

(b) after sub-paragraph (b) there shall be inserted the following sub-paragraphs—

“(c) a reference in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number;

(d) a reference to a numbered Chapter is a reference to the Chapter in the Annex to the Council Directive bearing that number.”.

(3) In paragraph (4)(b) of regulation 2 of the principal Regulations, after the words “authority in” there shall be inserted the words “paragraph 5 of Section II,”.

(1)

See sections 1(5) and 10(2)(b) of the Fishery Limits Act 1976 (c. 86).

(2)

S.I. 1992/3163.

(3)

See paragrah 25 of the basic texts in Annex I to the EEA Agreement.

(4)

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

(5)

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

(6)

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

(7)

“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man; see section 5 of and Schedule 1 to the Interpretation Act 1978 (c. 30).