Citation and commencement

1. These Regulations may be cited as the Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994 and shall come into force on 21st November 1994.

Interpretation

2.-(1) In these Regulations, unless the context otherwise requires-

"approved import conditions" means the conditions for the importation of live bivalve molluscs and other shellfish which are laid down in a Commission Decision mentioned in Schedule 1;

"aquaculture products" has the same meaning as in the Food Safety (Fishery Products) Regulations 1992(4);

"bivalve molluscs" has the same meaning as in the principal Regulations;

"the Council Directive" means Council Directive 91/492/EEC of 15th July 1991, laying down the health conditions for the production and the placing on the market of live bivalve molluscs(5), as adapted for the purposes of the EEA Agreement(6);

"consignment", except in the expression "private consignment", has the same meaning as in the principal Regulations;

"the Derogations Regulations" means the Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992(7);

"designated bivalve production area" has the same meaning as in the principal Regulations;

"dispatch centre" has the same meaning as in the principal Regulations;

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(8) as adjusted by the Protocol signed at Brussels on 17th March 1993(9);

"EEA State" means a State which is a Contracting Party to the EEA Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein(10);

"import" means import into Great Britain, but only if the product in question is not imported from another part of the British Islands(11);

"the Import and Export Regulations" means the Products of Animal Origin (Import and Export) Regulations 1992(12);

"local authority" has the same meaning as in the Import and Export Regulations;

"other shellfish" has the same meaning as in the principal Regulations;

"the principal Regulations" means the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992(13);

"private consignment" means a quantity of live bivalve molluscs or other shellfish which are-

"production area" has the same meaning as in the principal Regulations;

"purification centre" has the same meaning as in the principal Regulations;

"relaying" has the same meaning as in the principal Regulations;

"relaying area" has the same meaning as in the principal Regulations;

"the Reference Laboratories Decision" means Council Decision 93/383/EEC on reference laboratories for the monitoring of marine biotoxins (14);

"third country" means any country or territory which is not part of the European Economic Area including, until the EEA Agreement comes into force in relation to Liechtenstein, the State of Liechtenstein.

(2) In these Regulations, unless the context otherwise requires, a reference-

(a)to a numbered Chapter is to the Chapter in the Annex to the Council Directive bearing that number;

(b)to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;

(c)in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;

(d)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

General restriction on importing live bivalve molluscs or other shellfish

3.-(1) Subject to paragraph (2), no person shall import any live bivalve molluscs or other shellfish which are for human consumption, unless (without prejudice to any restrictions imposed under the Fish Health Regulations 1992(15) or the Shellfish and Specified Fish (Third Country Imports) Order 1992(16))-

(a)they are products in respect of which-

(i)unless head (ii) applies, all applicable requirements of the Council Directive (allowing for any derogations which have been granted from the conditions set out in the Council Directive) and the Reference Laboratories Decision are satisfied, or

(ii)if they originate in a third country(17), the requirements specified in Schedule 2 are satisfied; and

(b)any additional conditions imposed under regulation 4 are satisfied,

in relation to those live bivalve molluscs or other shellfish which he imports.

(2) Paragraph (1) shall not apply to a person importing a private consignment-

(a)from a country or territory within the European Community, unless that consignment is a consignment of trade samples which weighs more than 10 kilograms; or

(b)from any other country or territory, if that consignment weighs 1 kilogram or less.

Additional conditions in relation to certain third country imports

4.-(1) Subject to paragraph (3), no person shall import any live bivalve molluscs or other shellfish which are for human consumption-

(a)from a third country;

(b)from a country or territory within the European Community if those live bivalve molluscs or other shellfish do not originate from within the European Economic Area, unless those products were in free circulation in that country or territory within the European Community;

(c)from an EEA State which is not also a member State, unless those live bivalve molluscs or other shellfish originate from within the European Economic Area,

unless the conditions specified in paragraph (2) are satisfied in relation to those live bivalve molluscs or other shellfish which he imports.

(2) The conditions referred to in paragraph (1) are that-

(a)except in the circumstances set out in sub-paragraph (b), the live bivalve molluscs or other shellfish comprise or are part of a consignment which is accompanied by a duly completed certificate which-

(i)comprises a single sheet,

(ii)is drawn up in English and, where appropriate, in an official language of a country or territory for which those live bivalve molluscs or other shellfish are destined,

(iii)contains the information mentioned in the specimen health certificate set out in Schedule 3, and

(iv)contains the health attestation mentioned in that certificate, duly signed and dated by an official inspector duly appointed by the competent authority of the state of origin of those bivalve molluscs or other shellfish;

(b)a person importing live bivalve molluscs or other shellfish in circumstances where-

(i)those live bivalve molluscs or other shellfish originate in a third country in respect of which the European Commission has adopted approved import conditions, and

(ii)those approved import conditions relate to those live bivalve molluscs or other shellfish;

shall import those live bivalve molluscs or other shellfish in accordance with those approved import conditions.

(3) Paragraph (1) shall not apply to a person importing a private consignment, if that consignment weighs 1 kilogram or less.

Amendment of the principal Regulations

5. The amendments to the principal Regulations set out in Schedule 4 shall have effect.

Enforcement and penalties

6. For the purposes of the Import and Export Regulations-

(a)the requirements set out in regulations 3 and 4 shall be treated as health conditions (whether or not they are health conditions, as defined in the Import and Export Regulations(18)) and

(b)those conditions shall be enforced as health conditions-

(i)by a local authority or the Minister (or by an authorised officer of the local authority or the Minister), whichever has the responsibility under the Import and Export Regulations for enforcing health conditions in the particular circumstances of the case,

(ii)in accordance with the procedures set out in the Import and Export Regulations, and

(iii)subject to the penalties and other sanctions set out in the Import and Export Regulations.

Transitional provision

7. Regulation 4(2)(a) shall not apply in relation to any live bivalve molluscs or other shellfish which left their country of origin before 21st February 1995.

Revocation

8. Paragraph (3) of regulation 22 of the principal Regulations (amendment of Regulations) is hereby revoked.

Regulations 2(1) and 4(2)(b)

SCHEDULE 1APPROVED IMPORT CONDITIONS

1. Commission Decision 93/387/EEC laying down special conditions for the import of live bivalve molluscs, echinoderms, tunicates and marine gastropods originating in Morocco(19), as amended by Commission Decision 93/530/EEC(20).

Regulation 3(1)(a)(ii)

SCHEDULE 2SPECIFIED HEALTH CONDITIONS (BASED ON ARTICLES 3 AND 8 OF THE COUNCIL DIRECTIVE)

1.-(1) Subject to sub-paragraph (2), bivalve molluscs shall originate from a bivalve production area which, if that production area were in the sea adjacent to Great Britain and within British fishery limits(21), would be designated as a Class A, Class B or Class C area, and any condition or limitation set out in Schedule 3 to the principal Regulations which relates to the class of area which the production area would be designated shall have been complied with.

(2) Sub-paragraph (1) shall not apply to pectinidae which are not aquaculture products.

2. Bivalve molluscs shall-

(a)unless harvested from a natural deposit, have been cultivated at; and

(b)have been harvested from,

a production area under conditions at least as stringent as those governing the harvesting of bivalve molluscs in Great Britain, including any relevant conditions in respect of relaying bivalve molluscs and of harvesting bivalve molluscs from a relaying area.

3. Other shellfish shall-

(a)unless harvested from a natural deposit, have been cultivated at; and

(b)have been harvested from,

an area which is not unsuitable for the cultivation or harvesting of other shellfish.

4. Bivalve molluscs or other shellfish shall have been transported from their production or harvesting area to any relaying area, dispatch centre or (except in relation to other shellfish) purification centre which they thereafter pass through in accordance with transportation requirements which are at least as stringent as those contained in Chapter II.

5. Bivalve molluscs or other shellfish shall-

(a)have been handled hygienically;

(b)if they are bivalve molluscs, where appropriate, have been purified or subject to intensive purification at a purification centre which is governed by requirements at least as stringent as those governing purification centres approved in accordance with the principal Regulations and in respect of which there has been no derogation under the Derogations Regulations; and

(c)have been packed in sealed packages at a dispatch centre which is governed by requirements at least as stringent as those governing dispatch centres which have been approved in accordance with the principal Regulations and in respect of which there has been no derogation under the Derogations Regulations.

6. Bivalve molluscs or other shellfish shall have been the subject of a public health control system which is at least as stringent as the system set out in Chapter VI and in the Reference Laboratories Decision.

7. Bivalve molluscs or other shellfish shall be wrapped in accordance with conditions which are at least as stringent as those contained in Chapter VII.

8. Bivalve molluscs or other shellfish shall have been stored and transported under satisfactory conditions of hygiene, and in particular in accordance with conditions which are at least as stringent as those contained in Chapters VIII and IX.

9. Bivalve molluscs or other shellfish which are-

(a)intended for immediate human consumption shall be as specified in Chapter V;

(b)not intended for immediate human consumption shall be destined-

(i)if they are bivalve molluscs, for relaying at a specified relaying area or purification at a specified purification centre, or

(ii)for processing at a specified processing establishment,

and for the purposes of this sub-paragraph, "specified" means specified in the certificate accompanying those bivalve molluscs or other shellfish by virtue of regulation 4(2).

Regulation 4(2)(a)

SCHEDULE 3SPECIMEN HEALTH CERTIFICATE THIRD COUNTRY IMPORTS OF LIVE BIVALVE MOLLUSCS, ECHINODERMS, TUNICATES AND MARINE GASTROPODS

Reference No:

Regulation 5

SCHEDULE 4AMENDMENTS TO THE PRINCIPAL REGULATIONS

1.-(1) In paragraph (1) of regulation 2 of the principal Regulations (interpretation)-

(a)after the definition of "the Act" there shall be inserted the following definitions-

""approved import conditions" has the same meaning as in the Import Conditions Regulations;

"aquaculture products" has the same meaning as in the Food Safety (Fishery Products) Regulations 1992(21);";

(b)in the definition of "the Council Directive", after the words "bivalve molluscs" there shall be inserted the words ", as adapted for the purposes of the EEA Agreement(22)";

(c)after the definition of "establishment" there shall be inserted the following definitions-

""EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(23) as adjusted by the Protocol signed at Brussels on 17th March 1993(24);

"EEA State" means a State which is a Contracting Party to the EEA Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein(25);";

(d)for the definition of "healthmark" there shall be substituted the following definition-

""healthmark" means a healthmark which (as the context requires) is in accordance with-

(a)Schedule 1;

(b)Schedule 1 to the Northern Ireland Regulations;

(c)any law of another EEA State, the Isle of Man or the Channel Islands which is intended to give effect to the results to be achieved by Chapter X, in so far as it applies to those islands; or

(d)any approved import conditions;";

(e)after the definition of "healthmark" there shall be inserted the following definitions-

""the Import Conditions Regulations" means the Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994;

"imported" means imported into Great Britain, but only if the product in question was not imported from another part of the British Islands(26);";

(f)for the definition of "movement document" there shall be substituted the following definition-

""movement document" means-

(a)in relation to any batch transported from a production area to-

(i)an approved relaying area in Great Britain, or

(ii)a dispatch or purification centre approved in accordance with these Regulations,

a movement document which meets the requirements of paragraph 6(4) and (5) of Schedule 2;

(b)in relation to any batch transported from a production area to-

(i)an approved relaying area in Northern Ireland, or

(ii)a dispatch or purification centre approved in accordance with the Northern Ireland Regulations,

a movement document which meets the requirements of paragraph 6(4) and (5) of Schedule 2 to the Northern Ireland Regulations;

(c)in relation to any batch transported from a production area to-

(i)an approved relaying area in the Channel Islands or the Isle of Man, or

(ii)a dispatch or purification centre approved in accordance with any law passed by the legislature of any of the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved in relation to the approval of dispatch and purification centres by the Council Directive, in so far as it applies to those islands,

a movement document which meets the requirements of any law passed by the legislature of any of the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by paragraph 6 of Chapter II, in so far as it applies to those islands;";

(g)after the definition of "movement document" there shall be inserted the following definition-

""the Northern Ireland Regulations" means the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations (Northern Ireland) 1993(27);";

(h)for the definition of "permanent transport authorisation" there shall be substituted the following definition-

""permanent transport authorisation" means a written authorisation which has been-

(a)issued by a food authority and which meets the requirements of paragraph 6(8) of Schedule 2;

(b)issued by a district council in Northern Ireland and which meets the requirements of paragraph 6(8) of Schedule 2 to the Northern Ireland Regulations; or

(c)granted by a competent authority in the Channel Islands or the Isle of Man and which meets the requirements of any law passed by the legislature of any of the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved by the final unnumbered paragraph of paragraph 6 of Chapter II, in so far as it applies to those islands;"; and

(i)after the definition of "purification centre" there shall be inserted the following definition-

""registered market" means a market registered pursuant to an application made under regulation 13 of the Food Safety (Fishery Products) Regulations 1992;".

(2) In paragraph (3) of regulation 2 of the principal Regulations-

(a)in sub-paragraph (b), after the words "regulation", in both places where it occurs, there shall be inserted the words "or Schedule";

(b)after sub-paragraph (b) there shall be inserted the following sub-paragraphs-

"(c)a reference in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number;

(d)a reference to a numbered Chapter is a reference to the Chapter in the Annex to the Council Directive bearing that number.".

(3) In paragraph (4)(b) of regulation 2 of the principal Regulations, after the words "authority in" there shall be inserted the words "paragraph 5 of Section II,".

2. In paragraph (2) of regulation 3 of the principal Regulations (designation of certain areas), for sub-paragraph (a) there shall be substituted the following sub-paragraph-

"(a)fulfils the conditions required for designation as a Class A or B area specified in sub-paragraphs (a) and (b) of paragraph (1); and".

3.-(1) In regulation 7 of the principal Regulations (approval of dispatch centres and purification centres)-

(a)in paragraph (1), after the words "area the dispatch centre" there shall be inserted the words "or purification centre"; and

(b)in paragraph 2(b) for the word "Parts" there shall be substituted the word "Sections".

(2) For paragaph (4) of regulation 7 of the principal Regulations there shall be substituted the following paragraphs-

"(4) An approval in respect of a dispatch centre may only be granted if the food authority is satisfied that it meets such of the conditions set out in Sections I, II and IV of the Schedule to the Derogations Regulations as apply to it, save in so far as-

(a)there is in force in respect of that centre a derogation; and

(b)the terms on which that derogation was granted are complied with.

(4A) An approval in respect of a purification centre may only be granted if the food authority is satisfied that it meets such of the conditions specified in Sections I, II and III of the Schedule to the Derogations Regulations as apply to it, save in so far as-

(a)there is in force in respect of that centre any derogation; and

(b)the terms on which that derogation was granted are complied with,

and that it meets any additional conditions of which the food authority has been notified by the Ministers pursuant to paragraph (5).".

4. In paragraph (3) of regulation 9 of the principal Regulations (supplementary provisions about approvals), after the words "of any approval" there shall be inserted the words "granted to him, and the food authority may vary any such terms or limitations".

5.-(1) In paragraph (1) of regulation 10 of the principal Regulations (restrictions on the operation of dispatch and purification centres) for the words from "approval, of " to "any applicable derogation" there shall be substituted the words "approval and the applicable provisions of the Schedule to the Derogations Regulations (allowing for any applicable derogations)".

(2) For paragraph (2) of regulation 10 of the principal Regulations, there shall be substituted the following paragraph-

"(2) The proprietor of each dispatch centre or purification centre shall ensure that-

(a)the requirements of the approval and the applicable provisions of the Schedule to the Derogations Regulations (allowing for any applicable derogations) are complied with;

(b)representative numbers of samples for laboratory examination are regularly taken and analysed in laboratories which meet the requirements of the Schedule to the Derogations Regulations;

(c)the results of the laboratory examinations referred to in sub-paragraph (b) are recorded in an historical record which, in relation to each area from which the live bivalve molluscs or other shellfish come, gives details of the health quality of the live bivalve molluscs and other shellfish from that area both before and after handling at the centre.".

6. For regulation 11 of the principal Regulations (restrictions on the marketing of molluscs and shellfish) there shall be substituted the following regulation-

"Placing live bivalve molluscs and other shellfish on the market

11.-(1) Subject to paragraphs (2) to (5), no person shall place on the market for immediate human consumption any live bivalve molluscs or other shellfish, unless-

(a)they originate from a bivalve production area which-

(i)has been designated as a Class A area, a Class B area or a Class C area in accordance with regulation 3(1), and any condition or limitation specified in Schedule 3 in relation to that class of area has been complied with,

(ii)has been designated as a Class A area, a Class B area or a Class C area in accordance with regulation 2(1) of the Northern Ireland Regulations, and any condition or limitation specified in Schedule 3 to those Regulations in relation to that class of area has been complied with,

(iii)has been identified, pursuant to any law passed by the legislature of any of the Channel Islands or of the Isle of Man which is intended to give effect to the results to be achieved by Chapter I, in so far as it applies to those islands, as an area from which bivalve molluscs may be collected, and any condition or limitation derived from that Chapter which relates to that production area has been complied with, or

(iv)if they are imported for relaying, was of at least the same standard as an area designated as a Class B area or a Class C area in accordance with regulation 3(1)(b) or (c), and any condition or limitation specified in Schedule 3 in relation to the class of area which would be applicable for that production area has been complied with;

(b)they have been harvested, kept and transported to any approved dispatch centre, approved purification centre or approved relaying area to which they are thereafter transferred, in accordance with the requirements of-

(i)Schedule 2,

(ii)Schedule 2 to the Northern Ireland Regulations, or

(iii)any law passed by the legislature of any of the Channel Islands or of the Isle of Man which is intended to give effect to the results to be achieved by Chapter II, in so far as it applies to those islands,

and they are accompanied by a valid movement document or a valid permanent transport authorisation;

(c)they have, where necessary, been relaid in accordance with-

(i)Schedule 4,

(ii)Schedule 4 to the Northern Ireland Regulations, or

(iii)any law passed by the legislature of any of the Channel Islands or of the Isle of Man which is intended to give effect to the results to be achieved by Chapter III, in so far as it applies to those islands;

(d)they have, where appropriate, been purified or subject to intensive purification at a purification centre which has been approved in accordance with-

(i)these Regulations,

(ii)the Northern Ireland Regulations, or

(iii)any law passed by the legislature of any of the Channel Islands or the Isle of Man which is intended to give effect to the results to be achieved in relation to the approval of purification centres by the Council Directive, in so far as it applies to those islands;

(e)they are as specified in Schedule 5;

(f)any wrapping is in accordance with Schedule 6;

(g)they have been stored and transported under satisfactory conditions of hygiene and in particular in accordance with the requirements specified in Schedule 7;

(h)they comprise or form part of a consignment which bears a healthmark-

(i)unless head (ii), (iii) or (iv) applies, which is in accordance with Schedule 1,

(ii)which, if they comprise or form part of a consignment which has been given a healthmark in accordance with Schedule 1 to the Northern Ireland Regulations, is in accordance with that Schedule,

(iii)which, if they comprise or form part of a consignment which has been given a healthmark in accordance with any law of another EEA State, the Isle of Man or the Channel Islands, and that law is intended to give effect to the results to be achieved by Chapter X, in so far as it applies to those territories, is in accordance with that law,

(iv)which, if they comprise or form part of a consignment from a country in respect of which the European Commission has adopted approved import conditions, is in accordance with those approved import conditions,

but a healthmark is not required in relation to live bivalve molluscs or other shellfish which originate from a third country in respect of which the European Commission has not adopted approved import conditions, unless those live bivalve molluscs or other shellfish have been repackaged in accordance with paragraph 3 of Schedule 6;

(i)they have been handled hygienically; and

(j)if they are imported live bivalve molluscs or other shellfish, prior to importation such of the requirements specified in regulations 3 and 4 of the Import Conditions Regulations as are applicable to his case are satisfied in relation to those live bivalve molluscs or other shellfish which he places on the market.

(2) Sub-paragraph (a) of paragraph (1) shall not apply to-

(a)pectinidae which are not aquaculture products; or

(b)any imported live bivalve molluscs, unless they were taken from sea waters or brackish waters within British fishery limits(28).

(3) Sub-paragraphs (b) and (c) of paragraph (1) shall not apply to imported live bivalve molluscs or other shellfish, unless their country of dispatch is part of the British Islands.

(4) Sub-paragraphs (a), (c) and (d) of paragraph (1) shall not apply to other shellfish, and sub-paragraph (b) of paragraph (1) shall only apply to other shellfish in so far as it relates to harvesting and transportation to an approved dispatch centre.

(5) Heads (ii) to (iv) of sub-paragraph (h) of paragraph (1) shall not apply in circumstances where, in Great Britain, a person repackages live bivalve molluscs or other shellfish from a country or territory other than Great Britain in accordance with paragraph 3 of Schedule 6.".

7. After regulation 11 there shall be inserted the following regulation-

"Splitting consignments of live bivalve molluscs or other shellfish

11A.-(1) A person other than the final consumer who splits the contents of a consignment of live bivalve molluscs or other shellfish which are not wrapped in individual consumer-sized parcels shall keep-

(a)any healthmark which was attached to the consignment; or

(b)a copy of any certificate required in accordance with regulation 4(2)(a) of the Import Conditions Regulations which accompanied that consignment,

for a period of not less than 60 days from the date of the splitting of the contents of that consignment.

(2) A person who repackages a consignment of live bivalve molluscs or other shellfish in accordance with paragraph 3 of Schedule 6 shall keep the original healthmark (if one was required) which was attached to the consignment for a period of not less than 60 days from the date of the splitting of the contents of that consignment.".

8.-(1) In paragraph (1) of regulation 12 of the principal Regulations (exemptions for marketing molluscs and other shellfish within the UK)-

(a)for the words "a retailer or final consumer" there shall be substituted the words "retailers or final consumers"; and

(b)for the words "regulation 11(1)(f) and (h) and (2)(a)" there shall be substituted the words "regulation 11(1)(b), (f) and (h)".

(2) In paragraph (3) of regulation 12 of the principal Regulations, for the words from "For the purpose" to "in that table" there shall be substituted the words "For the purposes of paragraph (1), a "small quantity" means a total amount not exceeding 25 tonnes in a calendar year, and although the total amount may be comprised of one or more species, in that total amount the amount of any of the species listed in column (a) of the table in this paragraph shall not exceed the maximum amount for that species mentioned in column (b) of that table".

9.-(1) In paragraph (1) of regulation 14 of the principal Regulations (monitoring by Ministers and food authorities), before the words "The Ministers" there shall be inserted the words "Subject to paragraph (2)(b),".

(2) For paragraph (2) of regulation 14 of the principal Regulations there shall be substituted the following paragraph-

"(2) Each food authority shall perform-

(a)the functions specified in paragraph 2 of Schedule 9; and

(b)any function of the Ministers specified in paragraph 1 of Schedule 9 which the Ministers require the food authority to undertake on their behalf.".

10. Regulation 15 of the principal Regulations (imports) shall be omitted.

11. In paragraph (2) of regulation 18 of the principal Regulations (offences and penalties), for the words "10 and 11" there shall be substituted the words "10, 11 and 11A".

12.-(1) In paragraph (1) of regulation 19 of the principal Regulations (applications of provisions of the Act), the words "section 32 (powers of entry);" shall be omitted.

(2) After paragraph (2) of regulation 19 of the principal Regulations, there shall be inserted the following paragraph-

"(2A) Section 32 of the Act (powers of entry) shall apply for the purposes of these Regulations as though-

(a)any reference to premises included a reference to a vessel used for transporting live bivalve molluscs or other shellfish or a dispatch or purification centre (in so far as it does not already do so(29)); and

(b)any reference to the occupier included a reference to the person in charge of the vessel used for transporting live bivalve molluscs or other shellfish or the dispatch or purification centre (in so far as it does not already do so).".

(3) After paragraph (3) of regulation 19 of the principal Regulations, there shall be inserted the following paragraph-

"(4) Section 58(1) of the Act (territorial waters and the continental shelf) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.".

13.-(1) In paragraph 1 of Schedule 1 to the principal Regulations (marking of consignments), before the words "All parcels in a consignment", there shall be inserted the words "Without prejudice to the requirements of the Food Labelling Regulations 1984(30) and subject to paragraph 4,".

(2) After paragraph 3 of Schedule 1 to the principal Regulations there shall be inserted the following paragraph-

"4. Where a person repackages any live bivalve molluscs or other shellfish in accordance with paragraph 3 of Schedule 6, the healthmark provided on the new wrapping shall be in the form set out in paragraph 1, except that it shall also contain-

(a)if the live bivalve molluscs or other shellfish originate-

(i)in the European Economic Area or in a third country in respect of which the European Commission has adopted approved import conditions, the approval number of the original dispatch centre, or

(ii)in a third country in respect of which the European Commission has not adopted approved import conditions, the original dispatch details; and

(b)if the consignment was unwrapped-

(i)at a registered market, the registration number of the market where the consignment was unwrapped, or

(ii)elsewhere than at a registered market, the full name and address of the person repackaging the consignment.".

14. In Part 2 of Schedule 3 to the principal Regulations (conditions for production areas)-

(a)before the words "used for relaying" there shall be inserted the word "be"; and

(b)for the words "specified in Schedule" there shall be substituted the words "specified in Schedule 5".

15. In paragraph 3 of Schedule 6 to the principal Regulations (wrapping)-

(a)for sub-paragraph (c) there shall be substituted the following sub-paragraph-

"(c)a healthmark is provided on the new packaging which is in accordance with Schedule 1."; and

(b)sub-paragraph (d) shall be omitted.

16. In Schedule 9 to the principal Regulations (public health control and monitoring of production)-

(a)in paragraph 1(b), for the word "chemical" there shall be substituted the words "chemical or microbiological";

(b)in paragraph 2, the word "in" where it first occurs shall be omitted; and

(c)in paragraph 5(1)(e), for the words "Part 3 of Schedule 1" there shall be substituted the words "Section III of the Schedule to the Derogations Regulations".

Explanatory Note

(This note is not part of the Regulations)

These Regulations create import conditions for live bivalve molluscs and other shellfish which are imported into Great Britain, other than those which are imported from Northern Ireland, the Isle of Man or the Channel Islands. In the process of so doing, they implement the remaining parts of Council Directive 91/492/EEC laying down the health conditions for the production and placing on the market of live bivalve molluscs which were not implemented by the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992 ("the principal Regulations"). These Regulations also implement Council Decision 93/383/EEC on reference laboratories for the monitoring of biotoxins in relation to imported live bivalve molluscs and other shellfish only, as this Decision does not require legislation for its implementation in relation to domestic live bivalve molluscs and other shellfish.

Regulation 2 is an interpretation provision. Regulation 3 sets out the conditions under which all live bivalve molluscs and other shellfish must be imported into Great Britain, other than imports from Northern Ireland, the Isle of Man or the Channel Islands. There are, however, exemptions in relation to private consignments. There are also certain additional requirements in relation to imports of live bivalve molluscs and other shellfish which originate from outside the European Economic Area, and these are contained in regulation 4. These additional requirements include compliance with any approved import conditions which have been agreed by the European Commission with particular non-EEA countries, and reference is made to the only approved import conditions thus far-they relate to Morocco-in Schedule 1. Where no approved import conditions have been agreed, alternative documentary requirements have to be met, and a specimen health certificate is set out in Schedule 3.

Regulation 5 and Schedule 4 make various amendments to the principal Regulations. These amendments include a number of technical changes which correct minor errors in the principal Regulations, but there are also some other, more substantive changes. These include: clarification of which areas may be approved as relaying areas; a new power conferred on food authorities which allows them to vary the terms of approvals granted for purification or dispatch centres; some new sample analysis requirements; and new powers which enable Ministers to undertake some microbiological testing, and to require food authorities to carry out certain of their functions.

The placing on the market provision in the principal Regulations, regulation 11, has been completely revised so as to accommodate both the new import conditions and products coming from Northern Ireland, the Isle of Man or the Channel Islands. A new regulation 11A has been added which deals with retention of documents following the splitting or repackaging of consignments, with related amendments being made to Schedules 1 and 6 of the principal Regulations. The application of the principal Regulations is now extended to the territorial waters of the United Kingdom, and a power of entry is conferred both in relation to vessels used for transporting live bivalve molluscs and other shellfish and in relation to off-shore dispatch and purification centres.

Regulation 6 stipulates that the import conditions contained in regulations 3 and 4 are to be enforced as health conditions in accordance with the Products of Animal Origin (Import and Export) Regulations 1992, and regulation 7 contains a transitional provision in relation to documentary requirements. Regulation 8 revokes regulation 22(3) of the principal Regulations which purported incorrectly to amend the Conway Mussel Fishery (Amendment) Order 1948 and the Conway Mussel Fishery (Variation) Order 1979. These amendments have now been made by the Conwy Mussel Fishery (Amendment) Regulations 1994.