STATUTORY INSTRUMENTS.

S.I. No. 377 of 2000.

EUROPEAN COMMUNITIES (AQUACULTURE ANIMALS AND FISH) (PLACING ON THE MARKET AND CONTROL OF CERTAIN DISEASES) REGULATIONS, 2000.

S.I. No. 377 of 2000.

EUROPEAN COMMUNITIES (AQUACULTURE ANIMALS AND FISH) (PLACING ON THE MARKET AND CONTROL OF CERTAIN DISEASES) REGULATIONS, 2000.

I, FRANK FAHEY, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Council Directive 98/45/EC of 24 June 1998¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Aquaculture Animals and Fish) (Placing on the Market and Control of Certain Diseases) Regulations.

2. The European Communities (Aquaculture Animals and Fish) (Placing on the Market and Control of Certain Diseases) Regulations, 1996 ( S.I. No. 253 of 1996 ) are hereby amended--

(a) in Regulation 2(1):

(i) by the substitution for the definition of “approved zone” of the following:

“‘approved zone’ means a zone complying, as the case may be, with the provisions of Annex B, I, II or III of Directive 91/67/EEC² and approved in accordance with Article 5 of that Directive;”,

(ii) by the insertion of the following:

“‘Decision 1999/567/EC’ means Commission Decision 1999/567/EC of 27 July 1999 laying down the model of the certificate referred to in Article 16(1) of Council Directive 91/67/EEC³ .”,

(iii) by the substitution for the definition of “Directive 91/67/EEC” of the following:

“‘Directive 91/67/EEC’ means Council Directive 91/67/EEC of 28 January 1991, concerning the animal health conditions governing the placing on the market of aquaculture animals and products, as amended by Council Directive 93/54/EEC of 24 June 1993¹ , Council Directive 95/22/EC of 22 June 1995² and Council Directive 98/45/EC of 24 June 1998³ , and read with the decisions made under that Directive referred to in Schedule 6 of these Regulations, as amended or replaced by any regulation or directive of the European Community;”,

(iv) by the insertion of the following definitions after the definition of “Form I”:

“‘Form J’ means a movement document for consignments of live farmed fish, eggs and gametes which are susceptible to List II diseases, in intra-Community trade between non-approved zones in the form set out in Annex I to Decision 1999/567/EC;

‘Form K’ means a movement document for the intra-Community transport of consignments of live farmed fish, eggs and gametes from a farm infected with a List II disease to another farm so infected, in the form set out in Annex II to Decision 1999/567/EC;”,

and

(v) by the substitution for the definition of “movement document” of the following:

“‘movement document’ means a document duly completed and--

(a) in the case of Form A, Form B, Form C, Form D, Form E and Form F, corresponding to the relevant form set out in Directive 91/67/EEC,

(b) in the case of Form G, Form H, and Form I, complying with these Regulations,

(c) in the case of Form J, and Form K, corresponding to the forms set out in Annex I and Annex II respectively to Decision 1999/567/EC;”,

(b) by the substitution for Schedule 2 of those Regulations of the matter in Schedule A to these Regulations,

and

(c) by the substitution for Schedule 3 of those Regulations of the matter in Schedule B to these Regulations.

SCHEDULE A

Regulation 8.

“SCHEDULE 2

Note 1: Reference should be made to the table at the end of this Schedule for the common name of the species of fish referred to in column (3) of this Schedule.

Note 2: Where the full names of the diseases are not set out in Column (5) they are set out in Schedule 1.

Zones in Ireland -- Live fish, eggs and gametes

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

SCHEDULE B

Regulation 9.

“SCHEDULE 3

Note 1. Reference should be made to the table at the end of this Schedule for the common name of the species of fish referred to in column (3) of this Schedule.

Note 2. The full names of the diseases IHN and VHS referred to in Column (4) are set out in Schedule 1.

Zones in Ireland -- Dead Fish

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

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order implements Council Directive 98/45/EC, amending Directive 91/67/EEC, concerning the animal health conditions governing the placing on the market of aquaculture animals and products. It also implements Commission Decision 1999/567/EC, laying down model certificates for movement of fish susceptible to IHN and VHS between non-approved zones and into infected farms. It takes account of the fact that there may be zones in Ireland which do not have approved zone status for IHN and VHS.

¹ OJ L 189, 3.7.98. p. 12.

² OJ L 46, 19.2.91. p. 1.

³ OJ L 216, 14.8.99. p. 13.

¹ OJ L 175, 19.7.93, p. 34.

² OJ L 243, 11.10.95, p. 1.

³ OJ L 189, 3.7.98, p. 12.