The Diseases of Fish (Control) (Amendment) (England and Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Diseases of Fish (Control) Regulations 1994 in so far as they are applicable in England and Wales.

The 1994 Regulations implemented in Great Britain Council Directive 93/53/EEC introducing minimum Community measures for the control of certain fish diseases (OJ No. L175, 19.7.93, p. 23) (“the Directive”).

These Regulations, in addition to making various minor and consequential drafting amendments to the 1994 Regulations, implement, in relation to England and Wales, amendments to the Directive made by Council Directive 2000/27/EC (OJ No. L114, 13.5.2000, p.28).

The main changes made to the 1994 Regulations are as follows—

(i) the references to approved zones are deleted as the entirety of England and Wales is approved under Council Directive 91/67/EEC and Commission Decision 2000/188/EC (OJ No. L59, 4.3.2000, p. 17);

(ii) regulation 5 of the 1994 Regulations, which required certain control measures to be taken when the presence of a disease listed in Part I of Schedule 3 to those Regulations is confirmed, has been replaced by a new regulation 5. This provides that where the presence of a disease listed in Part I of Schedule 3 is confirmed on a farm the Secretary of State for Environment, Food and Rural Affairs is required to issue appropriate directions as to the process and timetable for the carrying out of the control measures required to be taken by the occupier of the farm under the regulation. In issuing such directions the Secretary of State is to have regard to the scheme established by her pursuant to Article 6 of the Directive (as amended by Council Directive 2000/27/EC) and which was approved by the European Commission by Decision 2001/872/EC (OJ No. L325, 8.12.2001, p. 33). Her functions may also be exercised in relation to farms in Wales concurrently by or jointly with the National Assembly for Wales.

(iii) regulation 7 of the 1994 Regulations, which previously required certain control measures to be taken where the presence of a disease listed in Part II of Schedule 3 was confirmed on a farm in an approved zone or on an approved farm not in an approved zone, has been replaced by a new regulation 6 which provides for control measures to be taken on any farm in England and Wales where there is confirmation of the presence of fish with such a disease. As regards the control measures to be applied, the provision for the immediate removal of fish has been replaced by provision for directions to be given as to the process of and timetable for the specified control measures to be carried out. In implementation of a derogation provided for under Article 9(3) of the Directive, these directions may include authorisation of the fattening of fish until they reach commercial size and are slaughtered for marketing or processing for human consumption;

(iv) regulation 8 of the 1994 Regulations, which dealt with controls outside approved zones, is not replaced;

(v) regulation 10 of the 1994 Regulations, which prohibited the vaccination of fish against the diseases listed in Schedule 3, Part I, has been amended to permit the vaccination of fish against diseases listed in Part I of Schedule 3 where the presence of such a disease has been confirmed at any place in Great Britain and the prior authorisation of the Secretary of State has been obtained;

(vi) the power of an inspector under regulation 11 of the 1994 Regulations to enter any premises for enforcement purposes is no longer exercisable in relation to premises used exclusively as a dwelling.