OpenLegislation

The Fish Health (Amendment) Regulations 1994

S.I. 1994/1448 · Made 26 May 1994

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

Made 26th May 1994

Laid before Parliament 10th June 1994

Coming into force 1st July 1994

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 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, extent and commencement
  2. 2Amendment of regulation 2 of the principal Regulations
  3. 3Amendment of regulation 3 of the principal Regulations
  4. 4Amendment of regulation 7 of the principal Regulations
  5. 5Regulation 9A
  6. 6Amendment of regulation 16 of the principal Regulations
  7. 7Substitution of Schedule 1 to the principal Regulations
  8. 8Substitution of Schedule 2 to the principal Regulations
  9. 9Substitution of Schedule 3 to the principal Regulations
  10. 10Amendment of Schedule 7 to the principal Regulations
  11. Signature
  12. Schedule 1Schedule 1
  13. Schedule 2Schedule 2
  14. Schedule 3Schedule 3
  15. Explanatory note

1Title, extent and commencement

(1)

These Regulations which implement Council Directive 93/54/EECf1 may be cited as the Fish Health (Amendment) Regulations 1994, and shall come into force on 1st July 1994.

(2)

In these Regulations “the principal Regulations” means the Fish Health Regulations 1992f2.

2Amendment of regulation 2 of the principal Regulations

Regulation 2 (Interpretation) shall be amended as follows—

(a)

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 productsf1 which has been amended by and must be read in accordance with the provisions set out in Schedule 7, Part I;”;

(b)

after the definition of “Directive 91/67/EEC” there shall be inserted the following definition—

  • ““Directive 93/53/EEC” means Council Directive of 24th June 1993 introducing minimum Community measures for the control of certain fish diseasesf2;”.

3Amendment of regulation 3 of the principal Regulations

Regulation 3 (placing on the market of aquaculture animals and aquaculture products) shall be amended by adding after paragraph (2)—

“(3)

The provisions of this regulation are without prejudice to the provisions of regulations 4, 5, 9 and 10 of the Diseases of Fish (Control) Regulations 1994f1.”.

4Amendment of regulation 7 of the principal Regulations

Regulation 7 (introduction of live fish, eggs and gametes) shall be amended by adding after paragraph (2)—

“(3)

The provisions of this regulation shall not apply to tropical fish kept permanently in aquaria.”.

5Regulation 9A

After regulation 9 (introduction of live molluscs, eggs and gametes) of the principal Regulations the following shall be added—

“9A
(1)

No person shall introduce into an approved zone or an approved farm any wild fish, molluscs, crustaceans, their eggs or gametes, which have been caught in the deep sea and which are to be used for breeding purposes unless those fish, molluscs, crustaceans, eggs or gametes are first placed in quarantine in suitable facilities and in appropriate conditions to be determined by the Minister.

(2)

The provisions of this regulation shall not apply to tropical fish kept permanently in aquaria.”.

6Amendment of regulation 16 of the principal Regulations

In paragraph (1) of regulation 16 for the words “The Animals and Animal Products (Import and Export) Regulations 1992” there shall be substituted—

  • “The Animals and Animal Products (Import and Export) Regulations 1993f1.”.

7Substitution of Schedule 1 to the principal Regulations

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

8Substitution of Schedule 2 to the principal Regulations

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

9Substitution of Schedule 3 to the principal Regulations

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

10Amendment of Schedule 7 to the principal Regulations

In Part I of Schedule 7 there shall be inserted the following new heading and provision after the entry relating to “Commission Decision 93/169/EEC”—

“

DIRECTIVES AMENDING COUNCIL DIRECTIVE 91/67/EEC

DirectiveOJ Reference
Council Directive 93/54/EEC of June 1993 amending Directive 91/67/EEC concerning the animal health conditions governing the placing on the market of aquaculture animals and products.OJ No. L 175, 19.7.93, p. 34.

”

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

26th May 1994.

Hector Monro

Parliamentary Under Secretary of State, Scottish Office

24th May 1994

Schedule 1

“SCHEDULE 1

LIST OF DISEASES

Regulations 11, 12 and 13

1

Infectious Salmon Anaemia

2

Infectious haematopoietic necrosis (referred to in these Regulations as “IHN”)

3

Viral haemorrhagic septicaemia (referred to in these Regulations as “VHS”)

4

Bonamiosis

5

Marteiliosis”.

Schedule 2

“SCHEDULE 2

ZONES IN GREAT BRITAIN — LIVE FISH, EGGS AND GAMETES

Regulation 7

ItemZoneLive fish, eggs and gametesf1Form of movement documentDiseasesf2
(1)(2)(3)(4)(5)
(a)

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

NameCommon Name
Salmonid sp.Salmonids
Thymallus thymallusGrayling
Coregonus sp.Whitefishes
Esox luciusPike
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
Scophthalmus maximusTurbot
(b)

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

Live farmed and wild fish of the species—

Salmonid sp.

Form AIHN and VHS
2Great Britain

Eggs and gametes of farmed fish of the species—

Salmonid sp.

Form A or Form BIHN and VHS
3Great Britain

Eggs and gametes of wild fish of the species—

Salmonid sp.

Form AIHN and VHS
4Great Britain

Live farmed fish of the species—

Thymallus thymallus

Coregonus sp.

Esox lucius

Scophthalmus maximus

Form A

Form E

VHS

IHN

5Great Britain

Live wild fish of the species—

Thymallus thymallus

Coregonus sp.

Esox lucius

Scophthalmus maximus

Form A

Form F

VHS

IHN

6Great Britain

Eggs and gametes of farmed fish of the species—

Thymallus thymallus

Coregonus sp.

Esox lucius

Scophthalmus maximus

Form A or Form B

Form E

VHS

IHN

7Great Britain

Eggs and gametes of wild fish of the species—

Thymallus thymallus

Coregonus sp.

Esox lucius

Scophthalmus maximus

Form A

Form F

VHS

IHN

8Great Britain

Live farmed fish of the species—

Esox lucius (fry only)

Form A or Form B

Form E

IHN

VHS

9Great Britain

Live wild fish of the species—

Esox lucius (fry only)

Form A

Form F

IHN

VHS

10Great 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

11Great 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

12Great Britain

Live farmed fish, their eggs and gametes other than—

  • fish of the following species—

    • Salmonid sp.

    • Thymallus thymallus

    • Coregonus sp.

    • Esox lucius (including fry)

    • Scophthalmus maximus

    • Cyprinus carpio

    • Ctenopharyngodon idella

    • Hypophthalmichthys nobilis

    • Hypophthalmichthys molitrix their eggs and gametes

  • ornamental tropical fish kept permanently in aquaria.

Form EIHN and VHS
13Great Britain

Live wild fish, their eggs and gametes other than—

  • fish of the following species—

    • Salmonid sp.

    • Thymallus thymallus

    • Coregonus sp.

    • Esox lucius (including fry)

    • Scophthalmus maximus

    • Cyprinus carpio

    • Ctenopharyngodon idella

    • Hypophthalmichthys nobilis

    • Hypophthalmichthys molitrix their eggs and gametes

  • ornamental tropical fish kept permanently in aquaria.

Form FIHN and VHS

”

Schedule 3

“SCHEDULE 3

ZONES IN GREAT BRITAIN — DEAD FISH

Regulation 8

ItemZoneDead fishf1Conditionsf2
(1)(2)(3)(4)
(a)

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

NameCommon Name
Salmonid sp.Salmonids
Thymallus thymallusGrayling
Coregonus sp.Whitefishes
Esox luciusPike
Scophthalmus maximusTurbot
(b)

The full names of the diseases in column 4 are set out in Schedule 1.
1Great Britain

Dead fish of the species—

Salmonid sp.

Thymallus thymallus

Coregonus sp.

Esox lucius

Scophthalmus maximus

The fish was slaughtered and eviscerated prior to despatch.
2Great Britain

Dead uneviscerated fish of the species—

Salmonid sp.

The fish is from an approved zone or an approved farm free of IHN and VHS and was slaughtered prior to despatch.
3Great Britain

Dead uneviscerated fish of the species—

Esox lucius (fry only)

The fish is from an approved zone or an approved farm free of IHN and was slaughtered prior to despatch.
4Great Britain

Dead uneviscerated fish of the species—

Thymallus thymallus

Coregonus sp.

Esox lucius

Scophthalmus maximus

The fish is from an approved zone or an approved farm free of VHS and was slaughtered prior to despatch.

”.

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 Council Directive 93/54/EEC (OJ No. L 175, 19.7.93, p. 34).

The Regulations:

(a)

amend regulation 3 of the principal Regulations so that its provisions are without prejudice to certain provisions of the Diseases of Fish (Control) Regulations 1994 (regulation 3);

(b)

provide for the amendment of regulation 7 of the principal Regulations so that the provisions shall not apply to tropical fish kept permanently in aquaria (regulation 4);

(c)

insert a new regulation 9A in the principal Regulations which provides for quarantine of certain fish, molluscs and crustaceans from the wild (regulation 5);

(d)

provide for the substitution of Schedule 1 to the principal Regulations (regulation 7);

(e)

provide for the substitution of Schedule 2 to the principal Regulations (regulation 8);

(f)

provide for the substitution of Schedule 3 to the principal Regulations (regulation 9);

(g)

provide for the amendment of Schedule 7 to the principal Regulations (regulation 10);

(h)

revise the definition of “Directive 91/67/EEC” (regulation 2(a));

(i)

insert a definition of “Directive 93/53/EEC” (regulation 2(b));

(j)

update the reference in regulation 16(1) of the principal Regulations to the Animals and Animal Products (Import and Export) Regulations 1992(regulation 6).