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The Fish Health (Amendment) Regulations 1993

S.I. 1993/2255 · Made 15 September 1993

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

RIVER, ENGLAND AND WALES

RIVER, SCOTLAND

SALMON AND FRESHWATER FISHERIES

SEA FISHERIES

SHELLFISH

Made 15th September 1993

Laid before Parliament 17th September 1993

Coming into force 11th October 1993

The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the common agricultural policy of the European Economic Community, acting jointly, in exercise of the powers conferred on them by the said section 2(2), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I. 1972/1811.

f2

1972 c. 68.

Contents

  1. 1Title and commencement
  2. 2Amendment of the Fish Health Regulations 1992
  3. Signature
  4. Schedule 1PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 2 TO THE FISH HEALTH REGULATIONS 1992
  5. Schedule 2PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 4 TO THE FISH HEALTH REGULATIONS 1992
  6. Schedule 3PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 7 TO THE FISH HEALTH REGULATIONS 1992
  7. Explanatory note

1Title and commencement

These Regulations may be cited as the Fish Health (Amendment) Regulations 1993, and shall come into force on 11th October 1993.

2Amendment of the Fish Health Regulations 1992

(1)

The Fish Health Regulations 1992f1 shall be amended in accordance with the provisions of this regulation.

(2)

In paragraph (1) of regulation 2 (interpretation)—

(a)

after the definition of “aquaculture products” there shall be inserted the following paragraph—

  • ““Commission Decision 93/55/EEC” means Commission Decision of 21st December 1992 amending the guarantees for the introduction of molluscs into zones for which a programme for Bonamia ostreae and Marteilia refringens has been approvedf2 as amended by Commission Decision 93/169/EEC of 19th February 1993 amending Decision 93/55/EEC concerning the guarantees for certain molluscsf3;”;

(b)

for the definition of “Directive 91/67/EEC” there shall be substituted—

  • ““Directive 91/67/EEC” means Council Directive of 28th January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and productsf4 as read with the decisions made under that Directive referred to in Schedule 7 Part I;”;

(c)

after the definition of “Form F” there shall be inserted the following paragraphs—

  • ““Form G” means a movement document completed by the Official Service, certifying that the molluscs originate from an area where there has been no history of bonamiosis or marteiliosis in the previous two years confirmed by tests as provided for in Commission Decision 93/55/EEC;

  • “Form H” means a movement document completed by the Official Service, certifying that the molluscs have been submitted at the place of despatch to a check ensuring that they do not contain species other than Crassostrea gigas as required by Commission Decision 93/55/EEC;

  • “Form I” means a movement document completed by the Official Service, certifying that the site of origin complies with the conditions of Commission Decision 93/44/EEC of 21st December 1992 approving the programmes concerning spring viraemia of carp submitted by the United Kingdom, and defining the additional guarantees for certain fish species for consignment to Great Britain, Northern Ireland, the Isle of Man and Guernseyf5;”;

(d)

for the definition of “movement document” there shall be substituted—

  • ““movement document” means a document duly completed and—

    1. (a)

      in the case of Form A, Form B, Form C, Form D, Form E and Form F corresponding to the forms set out in Directive 91/67/EEC;

    2. (b)

      in the case of Form G, Form H and Form I complying with theseRegulations;”.

(3)

In paragraph (2)(b) of regulation 3 (placing on the market of aquaculture animals and aquaculture products) the words “Directive 91/67/EEC” shall be substituted for “Directive 91/67”.

(4)

After paragraph (2)(c) of regulation 6 (validity of movement documents) there shall be added—

“(d)

it has been incorrectly issued by an Official Service.”

(5)

In paragraph (5) of regulation 9 (introduction of live molluscs, eggs and gametes) the words “and not subsequently relaid elsewhere than another approved storage centre” shall be omitted.

(6)

For Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.

(7)

For Schedule 4 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.

(8)

For Schedule 7 there shall be substituted the Schedule set out in Schedule 3 to these Regulations.

Signature

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

L.S.

Gillian Shephard

Minister of Agriculture, Fisheries and Food

15th September 1993.

Allan Stewart

Parliamentary Under Secretary of State, Scottish Office

15th September 1993

Schedule 1PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 2 TO THE FISH HEALTH REGULATIONS 1992

“SCHEDULE 2

ZONES IN GREAT BRITAIN—LIVE FISH, EGGS AND GAMETES

(Regulation 7)

ItemZoneLive fish, eggs and gametesf1Form of movement documentDiseases
(1)(2)(3)(4)(5)
(a)

The common names of the fish referred to in this Schedule are as follows:

NameCommon Name
Oncorhynchus nerkaSockeye salmon
Oncorhynchus tschawytschaChinook salmon
Oncorhynchus rhodurusAmago salmon
Salmo truttaBrown trout or sea trout
Thymallus thymallusGrayling
Coregonus sp.Whitefishes
Esox luciusPike
Oncorhynchus mykiss (formerly known as Salmo gairdneri)Rainbow trout
Salmo salarAtlantic salmon
Cyprinus carpioCommon carp and all variants such as mirror carp, leather carp, koi carp and hygoi carp
Ctenopharyngodon idellaGrass carp
Hypophthalmichthys nobilisBighead carp
Hypophthalmichthys molitrixSilver carp
(b)

Where the full names of the diseases are not setout in column 5 they are set out in Schedule 1.
1Great Britain

Live farmed fish of the species—

Oncorhynchus nerka

Oncorhynchus tschawytscha

Oncorhynchus rhodurus

Form A

Form E

IHN

VHS

2Great Britain

Live wild fish of the species—

Oncorhynchus nerka

Oncorhynchus tschawytscha

Oncorhynchus rhodurus

Form A

Form F

IHN

VHS

3Great Britain

Eggs and gametes of farmed fish of the species—

Oncorhynchus nerka

Oncorhynchus tschawytscha

Oncorhynchus rhodurus

Form A or Form B

Form E

IHN

VHS

4Great Britain

Eggs and gametes of wild fish of the species—

Oncorhynchus nerka

Oncorhynchus tschawytscha

Oncorhynchus rhodurus

Form A

Form F

IHN

VHS

5Great Britain

Live farmed fish of the species—

Salmo trutta

Form A

Form E

VHS

IHN

6Great Britain

Live wild fish of the species—

Salmo trutta

Form A

Form F

VHS

IHN

7Great Britain

Eggs and gametes of farmed fish of the species—

Salmo trutta

Form A or Form B

Form E

VHS

IHN

8Great Britain

Eggs and gametes of wild fish of the species—

Salmo trutta

Form A

Form F

VHS

IHN

9Great Britain

Live farmed fish of the species—

Thymallus thymallus

Coregonus sp.

Esox lucius (fry only)

Form A

Form E

VHS

IHN

10Great Britain

Live wild fish of the species—

Thymallus thymallus

Coregonus sp.

Esox lucius (fry only)

Form A

Form F

VHS

IHN

11Great Britain

Eggs and gametes of farmed fish of the species—

Thymallus thymallus

Coregonus sp.

Form A or Form B

Form E

VHS

IHN

12Great Britain

Eggs and gametes of wild fish of the species—

Thymallus thymallus

Coregonus sp.

Form A

Form F

VHS

IHN

13Great Britain

Live farmed and wild fish of the species—

Oncorhynchus mykiss

Salmo salar

Form AIHN and VHS
14Great Britain

Eggs and gametes of farmed and wild fish of the species—

Oncorhynchus mykiss

Salmo salar

Form A or Form BIHN and VHS
15Great Britain

Live farmed fish, their eggs and gametes of the following species—

Cyprinus carpio

Ctenopharyngodon idella

Hypophthalmichthys nobilis

Hypophthalmichthys molitrix

Form E

Form I

IHN and VHS

Spring viraemia of carp

16Great Britain

Live wild fish, their eggs and gametes of the following species—

Cyprinus carpio

Ctenopharyngodon idella

Hypophthalmichthys nobilis

Hypophthalmichthys molitrix

Form F

Form I

IHN and VHS

Spring viraemia of carp

17Great Britain

Live farmed fish, their eggs and gametes other than fish of the following species—

Oncorhynchus nerka

Oncorhynchus tschawytscha

Oncorhynchus rhodurus

Salmo trutta

Thymallus thymallus

Coregonus sp.

Esox lucius (fry only)

Oncorhynchus mykiss

Salmo salar

Cyprinus carpio

Ctenopharyngodon idella

Hypophthalmichthys nobilis

Hypophthalmichthys molitrix

their eggs and gametes

Form EIHN and VHS
18Great Britain

Live wild fish, their eggs and gametes other than fish of the following species—

Oncorhynchus nerka

Oncorhynchus tschawytscha

Oncorhynchus rhodurus

Salmo trutta

Thymallus thymallus

Coregonus sp.

Esox lucius (fry only)

Oncorhynchus mykiss

Salmo salar

Cyprinus carpio

Ctenopharyngodon idella

Hypophthalmichthys nobilis

Hypophthalmichthys molitrix

their eggs and and gametes

Form FIHN and VHS

”

Schedule 2PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 4 TO THE FISH HEALTH REGULATIONS 1992

“SCHEDULE 4

ZONES IN GREAT BRITAIN—LIVE MOLLUSCS, EGGS AND GAMETES

(Regulation 9)

ItemZoneLive molluscs eggs and gametesf1Form of movement documentDiseases
(1)(2)(3)(4)(5)
(a)

The common name of Ostrea edulis is flat oyster.

The common name of Crassostrea gigas is Pacific oyster.
1Great BritainLive farmed molluscs of the species Ostrea edulis, their eggs and gametesForm C, Form D or Form G

Bonamiosis

Marteiliosis

2Great BritainLive wild molluscs of the species Ostrea edulis, their eggs and gametesForm C or Form G

Bonamiosis

Marteiliosis

3Great BritainLive farmed molluscs of the species Crassostrea gigas, their eggs and gametes

Form E or Form G

Form H

Bonamiosis

Marteiliosis

4Great BritainLive wild molluscs of the species Crassostrea gigas, their eggs and gametes

Form F or Form G

Form H

Bonamiosis

Marteiliosis

5Great BritainLive farmed molluscs, their eggs and gametes of species other than the species

Ostrea edulis

Crassostrea gigas

Form E or Form G

Bonamiosis

Marteiliosis

6Great BritainLive wild molluscs, their eggs and gametes of species other than the species

Ostrea edulis

Crassostrea gigas

Form F or Form G

Bonamiosis

Marteiliosis

”

Schedule 3PROVISIONS TO BE SUBSTITUTED FOR SCHEDULE 7 TO THE FISH HEALTH REGULATIONS 1992

“SCHEDULE 7

PART I

DECISIONS MADE UNDER COUNCIL DIRECTIVE 91/67/EEC

DecisionOJ Reference
Commission Decision 92/528/EEC of 9 November 1992 approving the programmes concerning bonamiosis and marteiliosis submitted by the United Kingdom.OJ No. L332, 18.11.92, p. 25.
Commission Decision 92/532/EEC of 19 November 1992 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain fish diseases.OJ No. L337, 21.11.92, p. 18.
Commission Decision 92/538/EEC of 9 November 1992 concerning the status of Great Britain and Northern Ireland with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia.OJ No. L347, 28.11.92, p. 67.
Commission Decision 93/22/EEC of 11 December 1992 laying down the model of the movement documents referred to in Article 14 of Council Directive 91/67/EEC.OJ No. L16, 25.1.93, p. 8.
Commission Decision 93/39/EEC of 18 December 1992 concerning the status of Guernsey with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia.OJ No. L16, 25.1.93, p. 46.
Commission Decision 93/40/EEC of 18 December 1992 concerning the status of the Isle of Man with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia.OJ No. L16, 25.1.93, p. 47.
Commission Decision 93/44/EEC of 21 December 1992 approving the programmes concerning spring viraemia of carp submitted by the United Kingdom, and defining the additional guarantees for certain fish species for consignment to Great Britain, Northern Ireland, the Isle of Man and Guernsey.OJ No. L16, 25.1.93, p. 53.
Commission Decision 93/55/EEC of 21 December 1992 amending the guarantees for the introduction of molluscs into zones for which a programme for Bonamia ostreae and Marteilia refringens has been approved.OJ No. L14, 22.1.93, p. 24.
Commission Decision 93/56/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by Ireland.OJ No. L14, 22.1.93, p. 25.
Commission Decision 93/57/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for Jersey.OJ No. L14, 22.1.93, p. 26.
Commission Decision 93/58/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for Guernsey.OJ No. L14, 22.1.93, p. 27.
Commission Decision 93/59/EEC of 21 December 1992 approving the programme concerning bonamiosis and marteiliosis submitted by the United Kingdom for the Isle of Man.OJ No. L14, 22.1.93, p. 28.
Commission Decision 93/73/EEC of 21 December 1992 concerning the status of Ireland with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia.OJ No. L27, 4.2.93, p. 34.
Commission Decision 93/74/EEC of 21 December 1992 concerning the status of Denmark with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia.OJ No. L27, 4.2.93, p. 35.
Commission Decision 93/169/EEC of 19 February 1993 amending Decision 93/55/EEC concerning the guarantees for certain molluscs.OJ No. L71, 24.3.93, p. 16.

PART II

RELEVANT PROVISIONS OF DIRECTIVE 91/67/EEC

Relevant provisions: Articles 3, 4, 7 to 11, 14 and 16.”

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Fish Health Regulations 1992 (“the principal Regulations”) so as to implement Commission Decision 93/44/EEC, Commission Decision 93/55/EEC and Commission Decision 93/169/EEC. Details of these Commission Decisions are set out in Schedule 3 to these Regulations.

The Regulations—

(a)

provide alternative movement documents for molluscs (Forms G and H) (regulation 2(2)(c) and (7));

(b)

require an additional movement document for species of carp (Form I) (regulation 2(2)(c) and (6));

(c)

provide that a movement document which has been incorrectly issued shall not be a valid movement document (regulation 2(4)); and

(d)

revise the definition of “Directive 91/67/EEC” (regulation 2(2)(b) and (8)).

The Regulations also make some drafting amendments to the principal Regulations.