European Communities (Health of Aquaculture Animals and Products) (Amendment) Regulations 2010.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Health of Aquaculture Animals and Products) (Amendment) Regulations 2010.
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paragraphs: The European Communities (Health of Aquaculture Animals and Products) Regulations 2008 ( S.I. No. 261 of 2008 ) are amended—
(a) in Regulation 2(1), by the substitution for the definition of “Commission Decision”, of—
“ ‘Commission Decision’ means Commission Decision No. 2010/221/EU of 15 April 2010;”,
(b) by the substitution for Regulation 3 of—
“3. (1) These Regulations do not apply to—
(a) ornamental aquatic animals reared in non-commercial aquaria,
(b) wild aquatic animals harvested or caught for direct entry into the food chain, or
(c) aquatic animals caught for the production of fishmeal, fish feed, fish oil or similar products.
(2) Regulations 17, 19, 20, 22, 40 do not apply to ornamental fish kept in pet shops, garden centres, ponds, commercial aquaria or wholesale premises without direct contact with natural water or equipped with an effluent treatment system that reduces the risk of transmitting disease to natural waters to an acceptable level.”,
(c) by the insertion, in Regulation 4(1) after the second mention of “State” of “or in another Member State”,
(d) by the insertion after Regulation 7, of—
Import of ornamental fish
“7A. (1) A person shall not import an ornamental fish or cause or permit a person to import an ornamental fish unless details are entered in the register, (“ornamental fish importers register”).
(2) The Marine Institute may grant registration in the ornamental fish importers register, attach conditions to registration, revoke or vary a condition, revoke registration or refuse an application.
(3) An application for registration in the ornamental fish importers register shall be made in a form, be accompanied by any material and contain any particulars that the Marine Institute specifies.
(4) The Marine Institute shall not grant registration in the ornamental fish importers register and shall revoke registration in the ornamental fish importers register—
(a) if the application does not contain all the material and particulars sought by the Institute, or
(b) if, in the opinion of the Institute, import or transport of an ornamental fish constitutes a serious risk to human or animal health.
(5) Without prejudice to the generality of paragraph (2), the Marine Institute may refuse an application or revoke registration in the ornamental fish importers register if—
(a) the applicant or person to whom registration is granted has been convicted of, or committed, an offence, whether he or she has been convicted or not, a contravention of an act of an institution of the European Communities or Regulations made under the European Communities Act 1972 that relates to fish health, animal health or the environment,
(b) the applicant or person to whom ornamental fish import registration is granted has failed to comply with a condition attached to registration,
(c) the applicant or person to whom registration in the ornamental fish importers register is granted is not, in the opinion of the Marine Institute, a fit and proper person to hold registration,
(d) in relation to the application, information required has not been furnished or information that is, in the opinion of the Marine Institute, false or misleading has been furnished, or
(e) it is, in the opinion of the Marine Institute—
(i) necessary to prevent the risk or spread of human disease or a disease of fish,
(ii) necessary to eradicate human disease or a disease of fish, or
(iii) necessary, incidental, supplementary or consequential for the purposes of giving effect to an act of the institutions of the European Communities, relating to human disease, a disease of fish or the environment.
(8) Without prejudice to the generality of paragraph (2), the Marine Institute shall refuse an application or revoke registration in the ornamental fish importers register if the applicant or person to whom a licence is granted is convicted, on indictment, of an offence under an enactment relating to fish health, animal health or the environment.
(9) Other than in the case of paragraph (8) or (10), if the Marine Institute proposes to revoke registration in the ornamental fish importers register or to refuse an application, the Institute shall—
(a) notify the person concerned in writing of the proposal and of the reasons for the proposal, and that he or she may make representations to the Marine Institute in relation to the proposal within 14 days of the notification,
(b) consider a representation duly made before deciding whether to proceed with, modify or annul the proposal, and
(c) notify the person concerned of the decision and the reasons for the decision.
(10) If the Marine Institute is of the opinion that it is necessary to prevent the risk of disease or to give effect to an act of an institution of the European Communities, the Institute may revoke registration in the ornamental fish importers register or refuse an application in accordance with paragraph (11).
(11) If the Marine Institute revokes registration in the ornamental fish importers register or refuses an application in accordance with this paragraph, he or she shall—
(a) notify the person concerned in writing of the decision and the reasons for the decision, and that he or she may make representations to the Marine Institute in relation to the decision within 14 days from the date of the notification,
(b) consider a representation made, and
(c) confirm, modify or annul the decision and notify the person concerned of the decision and the reasons for the decision.
(12) A person to whom registration in the ornamental fish importers register is granted shall make such returns to the Marine Institute as and when, and in such form as, the Marine Institute may from time to time direct.
(13) The Marine Institute shall maintain and publish, in a manner that the Institute considers appropriate, a list of registrations in the ornamental fish importers register, divide the list into different classes having regard to the activity to which registration relates and include such information as the Institute considers appropriate on the list.
(14) If the Marine Institute revokes registration in the ornamental fish importers register or registration expires by the effluxion of time, an entry on the list maintained under paragraph (13) ceases to have effect and the Marine Institute shall, as soon as may be after revocation, remove details of the revoked licence from the list.
(15) In this Regulation “fish” includes “aquatic animal.”.”
(e) by the insertion after Regulation 11 of—