# The Fish Health (Amendment) Regulations 1994

S.I. 1994/1448 · made 26 May 1994

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).

Made under: European Communities Act 1972 (repealed)

## Introductory text

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 designated for the purposes of section 2(2) of the European Communities Act 1972 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:

## 1 Title, extent and commencement

(1) These Regulations which implement Council Directive 93/54/EEC 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 1992.

## 2 Amendment 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 products 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 diseases;”.

## 3 Amendment 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 1994.”.

## 4 Amendment 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.”.

## 5 Regulation 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.”.

## 6 Amendment 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 1993.”.

## 7 Substitution of Schedule 1 to the principal Regulations

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

## 8 Substitution of Schedule 2 to the principal Regulations

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

## 9 Substitution of Schedule 3 to the principal Regulations

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

## 10 Amendment 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
Directive
OJ 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
Item
Zone
Live fish, eggs and gametes
Form of movement document
Diseases
(1)
(2)
(3)
(4)
(5)
(a)The common names of the fish referred to in this Schedule are as follows:
Name
Common Name
Salmonid sp.
Salmonids
Thymallus thymallus
Grayling
Coregonus sp.
Whitefishes
Esox lucius
Pike
Cyprinus carpio
Common carp and all variants such as mirror carp, leather carp, koi carp and hygoi carp
Ctenopharyngodon idella
Grass carp
Hypophthalmichthys nobilis
Bighead carp
Hypophthalmichthys molitrix
Silver carp
Scophthalmus maximus
Turbot
(b)Where the full names of the diseases are not set out in column 5 they are set out in Schedule 1.
1
Great Britain
Live farmed and wild fish of the species—
Salmonid sp.
Form A
IHN and VHS
2
Great Britain
Eggs and gametes of farmed fish of the species—
Salmonid sp.
Form A or Form B
IHN and VHS
3
Great Britain
Eggs and gametes of wild fish of the species—
Salmonid sp.
Form A
IHN and VHS
4
Great Britain
Live farmed fish of the species—
Thymallus thymallus
Coregonus sp.
Esox lucius
Scophthalmus maximus
Form A
Form E
VHS
IHN
5
Great Britain
Live wild fish of the species—
Thymallus thymallus
Coregonus sp.
Esox lucius
Scophthalmus maximus
Form A
Form F
VHS
IHN
6
Great 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
7
Great Britain
Eggs and gametes of wild fish of the species—
Thymallus thymallus
Coregonus sp.
Esox lucius
Scophthalmus maximus
Form A
Form F
VHS
IHN
8
Great Britain
Live farmed fish of the species—
Esox lucius (fry only)
Form A or Form B
Form E
IHN
VHS
9
Great Britain
Live wild fish of the species—
Esox lucius (fry only)
Form A
Form F
IHN
VHS
10
Great 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
11
Great 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
12
Great 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 E
IHN and VHS
13
Great 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 F
IHN and VHS
”

## Schedule 3 

“SCHEDULE 3
ZONES IN GREAT BRITAIN — DEAD FISH
Regulation 8
Item
Zone
Dead fish
Conditions
(1)
(2)
(3)
(4)
(a)The common names of the fish referred to in this Schedule are as follows:
Name
Common Name
Salmonid sp.
Salmonids
Thymallus thymallus
Grayling
Coregonus sp.
Whitefishes
Esox lucius
Pike
Scophthalmus maximus
Turbot
(b)The full names of the diseases in column 4 are set out in Schedule 1.
1
Great 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.
2
Great 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.
3
Great 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.
4
Great 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).

---
Source: https://www.legislation.gov.uk/uksi/1994/1448 (the official version)
Page: https://openlegislation.uk/fish-health-amendment-regulations-1994
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

