DEPARTMENT 
OF 
TRADE 
AND 
INDUSTRY 
No.R 
2016 
NATIONAL 
REGULATOR 
FOR 
COMPULSORY 
SPECIFICATIONS 
ACT 
(Act 
No.5 
of 
2008), 
AS 
AMENDED 
THROUGH 
THE 
LEGAL 
METROLOGY 
ACT 
(Act 
No.9 
of 
2014) 
COMPULSORY 
SPECIFICATION 
FOR 
LIVE 
LOBSTERS 
- 
VC 
9104. 
I 
Dr 
Rob 
Davies, 
Minister 
of 
Trade 
and 
Industry, 
under 
Section 
13 
(1) 
(a) 
of 
the 
National 
Regulator 
for 
Compulsory 
Specifications 
Act 
(Act 
5 
of 
2008) 
hereby 
declare 
the 
amendment 
of 
the 
Compulsory 
Specification 
as 
set 
out 
in 
the 
attached 
schedule, 
with 
effect 
six 
(6)months 
from 
the 
date 
of 
publication 
of 
this 
notice. 
Dr 
Rob 
Davies, 
MP 
Minister 
of 
Trade 
and 
Industry 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 19 A UGUSTUS 2016  No. 40217   11
Government  notices  • G oewermentskennisGewinGs
Public Service and Administration, Department of/ Staatsdiens en Administrasie, Departement van
DEPARTMENT OF PUBLIC SERVICE AND ADMINISTRATION
NO. R. 933   19 
AUGUST 2016
R. 933  Corr ection Notice: Withdrawal of Government Notice No. R. 878 of 29 July 2016   4021 7
CORRECTION: WITHDRAWAL OF GOVERNMENT NOTICE NO. R. 878 OF 
29 JULY 2016 
 
Government Notice No. R. 878 of 29 July 2016 is a duplication of Government 
Notice No. R. 877 of 29 July 2016, both published in Gazette No 10621. 
Government Notice No. R. 878 of 29 July 2016 was published in error and is 
therefore hereby withdrawn. 
 Trade and Industry, Department of/ Handel en Nywerheid, Departement van
DEPARTMENT OF TRADE AND INDUSTRY
NO. R. 934   19 
AUGUST 2016
R. 934  National R egulat or for Compulsory Specifications Act (5/2008): Compulsory Specification for Live Lobsters—VC 9104   4021 7
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 SCHEDULE 
VC 
9104 
COMPULSORY 
SPECIFICATION 
FOR 
LIVE 
LOBSTERS 
1 
SCOPE 
This 
Compulsory 
Specification 
applies 
to 
the 
harvesting, 
preparation, 
packing, 
conveyance 
and 
quality 
of 
live 
lobsters, 
rock 
lobsters, 
spiny 
lobsters 
and 
slipper 
lobsters 
(hereafter 
referred 
to 
as 
lobsters). 
It 
also 
details 
hygiene 
requirements 
for 
the 
product 
and 
for 
the 
packing 
facility 
employees 
2 
DEFINITIONS 
2.1 
For 
the 
purposes 
of 
this 
Compulsory 
Specification 
the 
definitions 
in 
the 
latest 
edition 
of 
SANS 
1680: 
'Live 
lobsters, 
shall 
apply. 
2.2 
In 
addition, 
the 
following 
definitions 
shall 
apply. 
2.2.1 
applicant: 
a 
facility, 
importer 
or 
exporter 
established 
within 
the 
Republic 
of 
South 
Africa 
applying 
for 
approval 
of 
the 
product 
and 
/or 
factory 
or 
establishment. 
2.2.2 
approval: 
confirmation 
by 
the 
NRCS 
that 
the 
product 
and 
/or 
facility 
satisfies 
the 
requirements 
of 
this 
Compulsory 
Specification 
2.2.3 
conformity 
of 
production: 
satisfactory 
evidence 
that 
the 
handling, 
preparation, 
packing, 
quality 
or 
conveyance 
of 
live 
lobsters 
for 
sale 
continues 
to 
conform 
to 
the 
requirements 
of 
this 
Compulsory 
Specification. 
2.2.4 
DAFF: 
the 
Department 
of 
Agriculture, 
Forestry 
and 
Fisheries. 
2.2.5 
Facility: 
premises 
where 
preparing, 
handling 
and 
packing 
of 
live 
lobsters 
takes 
place 
Fish 
shops 
(over 
the 
counter 
sale 
shops), 
hotels, 
boarding 
houses, 
restaurants 
or 
other 
eating 
houses, 
as 
well 
as 
entities 
where 
the 
core 
business 
are 
the 
transportation 
of 
goods. 
are 
excluded 
from 
the 
scope 
of 
this 
Compulsory 
Specification 
2.2.6 
HACCP 
(Hazard 
Analysis 
and 
Critical 
Control 
Point): 
a 
system 
which 
identifies, 
evaluates, 
and 
controls 
hazards 
that 
are 
significant 
to 
food 
safety. 
2.2.7 
NRCS: 
the 
National 
Regulator 
for 
Compulsory 
Specifications 
as 
established 
by 
the 
National 
Regulator 
for 
Compulsory 
Specifications 
Act, 
2008 
(Act 
No. 
5 
of 
2008). 
2.2.8 
product 
safety 
management 
system: 
a 
food 
safety 
management 
system 
implemented 
by 
a 
factory 
based 
on 
the 
principles 
of 
HACCP 
as 
recommended 
by 
the 
This gazette is also available free online at www.gpwonline.co.za12  No. 40217  GOVERNMENT GAZETTE, 19 AUGUST 2016
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 Codex 
Alimentarius 
Commission. 
3 
GENERAL 
ADMINISTRATIVE 
REQUIREMENTS 
3.1 
All 
live 
lobsters 
offered 
for 
sale 
by 
a 
facility, 
defined 
in 
2.2.5 
above. 
shall 
comply 
with 
requirements 
of 
this 
Compulsory 
specification. 
3.2 
The 
facility 
for 
the 
production 
of 
live 
lobsters 
shall 
be 
pre- 
approved 
by 
the 
NRCS 
for 
conformity 
of 
production 
requirements 
as 
prescribed 
in 
Annex 
A.1 
Such 
approval 
shall 
be 
reviewed 
annually 
or 
more 
frequently 
3.3 
The 
facility 
may 
not 
dispatch 
live 
lobsters 
without 
a 
valid 
NRCS 
approvals 
document 
for 
the 
facility 
3.4 
Application 
for 
official 
approval 
of 
the 
product(s) 
shall 
be 
made 
to 
the 
NRCS 
for 
every 
consignment 
of 
live 
lobsters 
which 
are 
imported 
into 
South 
Africa 
in 
accordance 
with 
the 
requirements 
of 
Annex 
A.2. 
3.5 
Application 
for 
approval 
required 
for 
export 
or 
any 
other 
purposes 
as 
required 
by 
the 
applicant, 
shall 
be 
made 
in 
accordance 
with 
the 
requirements 
of 
Annex 
A.3 
3.6 
The 
facility 
shall 
provide 
the 
NRCS 
with 
satisfactory 
evidence 
of 
conformity 
of 
production 
on 
request. 
3.7 
The 
facility 
shall 
inform 
the 
NRCS 
in 
writing 
of 
any 
change 
in 
process 
of 
production 
affecting 
any 
mandatory 
requirement 
of 
this 
Compulsory 
Specification. 
In 
the 
event 
of 
such 
change 
/s 
the 
NRCS 
may, 
at 
its 
discretion, 
demand 
the 
submission 
of 
new 
evidence 
of 
conformity 
or 
a 
new 
application 
for 
approval. 
3.8 
The 
facility 
shall 
immediately 
report 
to 
the 
NRCS 
in 
writing 
of 
any 
failure, 
of 
whatever 
nature, 
to 
conform 
to 
the 
requirements 
of 
this 
Compulsory 
Specification. 
3.9 
A 
facility 
that 
is 
suspended 
must 
re 
-apply 
to 
the 
NRCS 
within 
three 
months 
of 
the 
date 
of 
suspension 
for 
a 
reassessment: 
otherwise 
approval 
for 
the 
facility 
to 
operate 
in 
terms 
of 
this 
Compulsory 
Specification 
will 
be 
withdrawn. 
3.10 
A 
facility 
shall 
notify 
the 
NRCS. 
in 
writing, 
when 
its 
operation 
is 
closing 
down 
three 
(3) 
months 
before 
the 
effective 
date 
3.11 
The 
testing 
of 
live 
lobsters 
against 
the 
requirements 
of 
this 
Compulsory 
Specification 
shall 
be 
done 
by 
test 
facilities 
that 
are 
accredited 
to 
use 
the 
referenced 
test 
methods. 
In 
the 
case 
where 
there 
are 
no 
test 
facilities 
available 
that 
are 
in 
compliance 
with 
the 
foregoing. 
the 
NRCS 
shall 
determine 
which 
test 
facilities 
can 
be 
used 
in 
terms 
of 
its 
conformity 
assessment 
policy. 
3.12 
The 
NRCS 
shall 
issue 
health 
guarantees 
for 
export 
purposes. 
where 
required, 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 19 A UGUSTUS 2016  No. 40217   13
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 in 
accordance 
with 
the 
requirements 
of 
the 
country 
of 
destination 
as 
prescribed 
in 
Annex 
B. 
4 
SPECIFIC 
REQUIREMENTS 
4.1 
The 
harvesting. 
preparation, 
storage, 
packing, 
conveyance, 
marking. 
labelling 
and 
quality 
shall 
comply 
with 
the 
requirements 
of 
the 
latest 
edition 
of 
SANS 
1680. 
4.2 
All 
local 
live 
lobsters 
shall 
be 
obtained 
from 
a 
source 
that 
has 
a 
valid 
permit 
from 
DAFF 
to 
harvest 
or 
supply 
live 
lobsters. 
4.3 
In 
the 
event 
of 
an 
amendment 
or 
revision 
of 
the 
SANS 
1680 
standard, 
the 
facility 
shall 
be 
in 
compliance 
with 
the 
amended 
or 
revised 
requirements 
within 
six 
months 
of 
publication 
of 
the 
amended 
or 
revised 
standard 
unless 
otherwise 
declared 
by 
a 
special 
notice 
by 
the 
Minister 
If 
evidence 
of 
compliance 
to 
such 
amendments 
or 
revisions 
cannot 
be 
provided, 
the 
approval 
of 
the 
facility 
may 
be 
withdrawn. 
Note: 
The 
required 
World 
Trade 
Organization 
(WTO) 
transparency 
provision 
will 
also 
be 
considered 
in 
this 
period. 
5 
MARKINGS 
Live 
lobsters 
shall 
be 
marked 
in 
accordance 
with 
the 
requirements 
of 
the 
latest 
edition 
of 
SANS 
1680. 
In 
terms 
of 
South 
African 
produced 
products 
the 
official 
facility 
number 
issued 
by 
the 
NRCS 
in 
accordance 
with 
section 
A 
1.4 
of 
this 
Compulsory 
Specification 
shall 
be 
included. 
ANNEX 
A 
(Normative) 
A.1 
APPLICATION 
FOR 
APPROVAL 
OF 
THE 
FACILITY 
AND 
LIVE 
LOBSTERS 
IN 
THE 
REPUBLIC 
OF 
SOUTH 
AFRICA 
The 
applicant 
shall 
apply 
to 
the 
NRCS 
for 
approval 
of 
the 
facility. 
Approval 
of 
a 
facility 
shall 
be 
valid 
for 
a 
maximum 
period 
of 
one 
year 
The 
applicant 
shall 
reapply 
for 
approval 
every 
following 
year. 
The 
application 
shall 
be 
accompanied 
by 
the 
following. 
A.1.1 
Details 
of 
the 
facility 
for 
which 
approval 
is 
sought; 
A.1.2 
Documentation 
and 
records 
in 
support 
of 
an 
effective 
product 
safety 
management 
system. 
For 
new 
facilities, 
provisional 
approval 
may 
be 
given 
for 
a 
period 
of 
three 
months 
in 
order 
to 
generate 
the 
required 
documentation 
and 
records; 
This gazette is also available free online at www.gpwonline.co.za14  No. 40217  GOVERNMENT GAZETTE, 19 AUGUST 2016
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 A.1.3 
Information 
required 
by 
the 
NRCS 
for 
the 
measures 
taken 
by 
the 
applicant 
to 
ensure 
ongoing 
conformity 
with 
the 
requirements 
of 
this 
Compulsory 
Specification 
as 
well 
as 
evidence 
that 
the 
product 
complies 
with 
SANS 
1680: 
A1.4 
The 
NRCS 
shall 
issue 
an 
official 
facility 
number 
on 
approval 
of 
the 
facility. 
A.2 
APPLICATION 
FOR 
APPROVAL 
OF 
IMPORTED 
LIVE 
LOBSTERS 
The 
applicant 
shall 
apply 
to 
the 
nearest 
NRCS 
regional 
office 
for 
approval 
of 
the 
product(s) 
The 
application 
shall 
be 
made 
at 
least 
10 
working 
days 
prior 
to 
the 
date 
on 
which 
it 
is 
needed. 
The 
application 
shall 
be 
accompanied 
by 
the 
following: 
A.2.1 
Applicants 
shall 
supply 
details 
of 
the 
live 
lobsters 
per 
consignment 
for 
which 
approval 
is 
sought 
by 
providing 
the 
following 
information: 
a) 
The 
applicable 
permits 
as 
required 
by 
DAFF. 
(b) 
Importers 
shall 
supply 
a 
health 
guarantee 
certificate 
(Annex 
C) 
containing 
evidence 
that 
imported 
live 
lobsters 
originate 
from 
a 
facility 
approved 
for 
export 
in 
the 
country 
of 
origin 
per 
consignment 
for 
which 
approval 
is 
sought 
evidence 
that 
the 
product 
complies 
with 
SANS 
1680. 
The 
NRCS 
may 
also 
request 
that 
specific 
testing 
be 
performed:. 
c) 
Details 
of 
the 
importer, 
product, 
bill 
of 
entry, 
quantity, 
number 
of 
product 
and 
batch 
code(s). 
code 
list 
or 
bill 
of 
lading, 
d) 
e) 
f) 
The 
date 
and 
place 
where 
it 
will 
be 
available 
for 
inspection; 
Name 
and 
contact 
details 
of 
a 
contact 
person: 
The 
number(s) 
of 
the 
bill(s) 
of 
entry 
and 
the 
date 
authorized 
by 
custom 
officials; 
and 
g) 
The 
voyage 
number 
of 
the 
cargo 
carrier 
(vessel. 
aircraft 
or 
registration 
number 
of 
vehicle) 
A.2.2 
Any 
reasonable 
additional 
information 
to 
clarify 
the 
application 
as 
requested 
by 
the 
NRCS 
A.2.3 
The 
NRCS 
may 
for 
the 
purposes 
of 
inspection 
and 
verification 
of 
products. 
sample 
products 
according 
to 
the 
regulatory 
risk 
based 
sampling 
plans 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 19 A UGUSTUS 2016  No. 40217   15
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 A.3 
APPLICATION 
FOR 
EXPORT 
OF 
LIVE 
LOBSTERS 
The 
applicant 
shall 
apply 
to 
the 
nearest 
NRCS 
regional 
office 
for 
approval 
of 
the 
product(s). 
The 
application 
shall 
be 
at 
least 
1 
working 
day 
prior 
to 
the 
date 
on 
which 
it 
is 
needed. 
The 
application 
shall 
be 
accompanied 
by 
the 
following. 
A.3.1 
Where 
applicants 
require 
official 
approval 
for 
export 
or 
any 
other 
purposes, 
applicants 
shall 
supply 
details 
of 
live 
lobsters 
per 
consignment 
for 
which 
approval 
is 
sought 
by 
providing 
information 
with 
regards 
to 
the 
type 
of 
approval 
required 
(e.g. 
certificate 
of 
compliance, 
health 
guarantee 
to 
a 
particular 
country 
or 
other 
specific 
certification 
for 
official 
purposes) 
A.3.2 
The 
applicable 
permits 
as 
required 
by 
DAFF; 
A.3.3 
Details 
of 
the 
markings 
used 
on 
the 
packed 
product(s). 
A.3.4 
Where 
required 
by 
the 
NRCS, 
guarantees 
that 
the 
product(s) 
complies 
with 
the 
prescribed 
testing 
requirements 
outlined 
in 
the 
SANS 
1680. 
The 
NRCS 
may 
also 
request 
that 
specific 
testing 
be 
performed. 
A.3.5 
Any 
reasonable 
additional 
information 
to 
clarify 
the 
application 
as 
requested 
by 
the 
NRCS, 
and 
A.3.6 
The 
NRCS 
may 
for 
the 
purposes 
of 
inspection 
and 
verification 
of 
products. 
sample 
products 
according 
to 
the 
regulatory 
risk 
based 
sampling 
plans. 
A.4 
GRANTING 
OF 
APPROVAL 
A.4.1 
The 
NRCS 
shall 
issue 
an 
approvals 
document, 
as 
is 
applicable 
for 
facility. 
imported 
products 
or 
products 
destined 
for 
export, 
to 
the 
applicant 
when 
all 
the 
requirements 
of 
this 
Compulsory 
Specification 
have 
been 
met. 
A.4.2 
The 
NRCS 
shall 
assign 
a 
unique 
number 
to 
each 
approvals 
document. 
A.4.3 
An 
approvals 
document 
shall 
be 
the 
sole 
proof 
of 
approval 
by 
the 
NRCS. 
A.5 
WITHDRAWAL 
OF 
APPROVAL 
Any 
approval 
granted 
in 
respect 
of 
live 
lobsters 
or 
the 
facility 
pursuant 
to 
this 
Compulsory 
Specification 
may 
be 
withdrawn 
at 
any 
time 
without 
prior 
notice, 
if 
compliance 
with 
the 
requirements 
of 
this 
Compulsory 
Specification 
has 
not 
been 
maintained_ 
Re- 
applications 
will 
be 
treated 
as 
new 
applications. 
This gazette is also available free online at www.gpwonline.co.za16  No. 40217  GOVERNMENT GAZETTE, 19 AUGUST 2016
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 ANNEX 
B 
(Normative) 
B.1 
HEALTH 
GUARANTEES 
FOR 
EXPORT 
B.1.1 
The 
NRCS 
may 
provide 
health 
guarantees 
to 
authorities 
in 
countries 
to 
which 
products 
are 
exported 
at 
the 
request 
of 
exporters, 
if 
products 
have 
been 
handled, 
prepared, 
processed. 
packed. 
transported, 
stored, 
and 
quality 
are 
in 
accordance 
with 
the 
requirements 
of 
this 
Compulsory 
Specification 
and 
/or 
the 
requirements 
of 
the 
country 
of 
destination. 
In 
terms 
of 
requirements, 
all 
sections 
of 
the 
handling 
and 
processing 
chain 
are 
to 
be 
in 
compliance 
and. 
where 
appropriate, 
random 
samples 
may 
be 
taken 
for 
verification 
purposes. 
No 
health 
guarantees 
will 
be 
issued 
for 
foreign 
products. 
B.1.2 
Health 
guarantees 
shall 
only 
be 
issued 
to 
an 
approved 
facility 
appearing 
on 
the 
official 
lists 
drawn 
up 
by 
the 
specific 
countries 
or 
trade 
blocks 
requiring 
such 
guarantees. 
B.1.3 
As 
required, 
finally 
prepared 
and 
packed 
live 
lobsters 
shall 
be 
monitored 
on 
the 
basis 
of 
random 
testing 
and 
surveillance 
programmes 
B.1.4 
For 
the 
issuing 
of 
health 
guarantees, 
it 
is 
required 
that 
for 
every 
consignment: 
a) 
The 
product 
originates 
from 
a 
facility 
approved 
by 
the 
NRCS 
in 
terms 
of 
the 
requirements 
of 
this 
Compulsory 
Specification; 
b) 
All 
products 
and 
product 
codes 
are 
reflected 
in 
the 
request 
for 
export; 
and 
c) 
The 
product 
covered 
by 
such 
a 
guarantee 
is 
fully 
traceable 
to 
its 
origin. 
ANNEX 
C 
C.1 
HEALTH 
GUARANTEES 
FOR 
IMPORTED 
PRODUCTS 
(ON 
COMPETENT 
AUTHORITY'S 
OFFICIAL 
LETTERHEAD) 
Reference 
no. 
Country 
of 
dispatch 
Competent 
Authority 
Inspection 
Authority 
I 
Identification 
of 
products 
Description 
of 
product: 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 19 A UGUSTUS 2016  No. 40217   17
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 -Scientific 
name 
......... 
... 
-Presentation 
of 
product 
and 
type 
of 
treatment 
Batch 
Identification 
Marks 
/Code 
/s 
Type 
and 
Manner 
of 
Packaging: 
Number 
of 
Packages 
/Units 
................ 
. 
_.... 
Net 
weight 
Gross 
weight 
Temperature: 
Chilled 
Frozen 
.Ambient 
II. 
Origin 
of 
Products 
Name 
and 
address 
of 
approved 
establishment 
/manufacturing 
plant 
Approval 
number' 
. 
......... 
Place 
of 
loading/ 
dispatch 
III 
Destination 
of 
products: 
County 
of 
destination' 
Port 
of 
entry 
Transport 
details 
Sea 
Freight 
/ 
Air 
freight 
/Other 
Container 
number 
/ 
Flight 
details 
: 
Seal 
number/ 
air 
waybill 
number 
....... 
Consignor 
name 
and 
address 
Consignee 
name 
and 
address: 
IV. 
Health 
attestation 
The 
official 
inspector 
hereby 
certifies 
that: 
1 
The 
fishery 
and 
/or 
aquaculture 
products 
specified 
above, 
have 
been 
farmed 
(where 
applicable). 
processed, 
packed 
and 
stored 
in 
a 
facility/ies 
approved 
by 
the 
Competent 
Authority 
and 
is 
/are 
in 
good 
standing 
with 
the 
Competent 
Authority 
2. 
The 
fishery 
product 
/s 
comply 
lies 
with 
the 
particular 
CODEX 
Standard 
for 
the 
specific 
fishery 
product 
/s 
or 
where 
there 
is 
no 
such 
Standard, 
with 
the 
Standards 
and 
Technical 
Regulations 
legislated 
by 
the 
Republic 
of 
South 
Africa 
in 
terms 
of 
The 
This gazette is also available free online at www.gpwonline.co.za18  No. 40217  GOVERNMENT GAZETTE, 19 AUGUST 2016
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998 National 
Regulator 
For 
Compulsory 
Specifications 
Act 
(Act 
No.5 
of 
2008) 
an 
contained 
and 
referenced 
in 
VC 
3. 
The 
processing 
plant 
and 
where 
applicable. 
aquaculture 
farms 
specified 
above. 
is 
/are 
subject 
to 
regular 
inspection 
and 
audit 
to 
ensure 
that 
production. 
processing 
practices 
and 
Food 
Safety 
Systems 
are 
in 
compliance 
with 
requirements 
of 
the 
most 
updated 
versions 
of 
the 
general 
CODEX 
Principles 
for 
Food 
Hygiene 
and 
HACCP 
(CAC 
/RCP 
-1969) 
as 
well 
as 
with 
the 
CODEX 
Code 
of 
Practice 
for 
Fishery 
Products 
(CAC 
/RCP 
52 
-2003) 
Done 
at 
Name 
and 
qualifications 
of 
official 
Inspector 
Signature 
of 
official 
inspector 
OFFICIAL 
STAMP 
WITH 
DATE 
This gazette is also available free online at www.gpwonline.co.za STAATSKOERANT, 19 A UGUSTUS 2016  No. 40217   19
Reproduced by Sabinet Online in terms of Government Printer’s Copyri ght Authority No. 10505 dated 02 February 1998