European Communities (Live Bivalve Molluscs) (Health Conditions For Production and Placing On the Market) Regulations, 1996

• Jurisdiction: Ireland

I, Sean Barrett, Minister for the Marine, 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 91/492/EEC of 15 July, 19911, hereby make the following regulations:
	1 Citation	1. These Regulations may be cited as the European Communities (Live Bivalve Molluscs) (Health Conditions for Production and Placing on the Market) Regulations, 1996.
1 O.J. L268/1, 1991, pp 1-14
	2 Commencement	2. These Regulations shall come into operation on the 27th day of May, 1996.
	3 Interpretation	3. (1) In these Regulations —
"the Annex" means the Annex to the Council Directive;
"authorised officer" means —
( a ) an officer of the Minister or of the Minister for Agriculture, Food and Forestry authorised in writing to be an authorised officer for the purposes of these Regulations, or
( b ) an officer of a health board (established under the Health Act, 1960) authorised in writing by the chief executive officer of the health board to be an authorised officer for the purposes of these Regulations;
"Council Directive" means Council Directive 91/492/EEC, as amended or replaced by any regulation, directive or decision of the European Community;
"the Minister" means the Minister for the Marine.
(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Directive.
(3) In these Regulations —
(i) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended;
(ii) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.
	4 Application	4. These Regulations apply to live bivalve molluscs which are intended for immediate human consumption or for further processing before consumption and, with the exception of the provisions on purification, to echinoderms, tunicates and marine gastropods, but shall not apply to the transport of any such products in small quantities by coastal fishermen to a retailer or to any retail transfer.
	5 Restriction on placing on the market	5. (1) A person shall not place on the market live bivalve molluscs for immediate human consumption unless they comply with the conditions specified in paragraph 1 of Article 3 of the Council Directive
(2) A person shall not place on the market live bivalve molluscs intended for further processing unless they comply with the relevant requirements of paragraph (1) and have been processed in accordance with the requirements of Council Directive 91/493/EEC2.
2 OJ No. L268, 1991, pp 15—33
(3) Notwithstanding the provisions of paragraph (1), the provisions of Chapter I of the Annex, in so far as they relate to pectinidae, apply only to aquaculture products as defined in Article 2(2) of Council Directive 91/493/EEC.
	6 ..	6. In relation to the organisation of, and the action to be taken following, checks of destination and the implementation of safeguard measures, the rules laid down in Council Directive 89/662/EEC3 (as amended or replaced by an amending Regulation, Directive or Decision of the European Community) as regards live bivalve molluscs, echinoderms, tunicates and marine gastropods shall apply.
2OJ No. L-, 1989,pp-.
	7 Dispatch and Purification Centres	7. (1) A person shall not operate a dispatch centre or a purification centre unless the centre has been approved by the Minister under this Regulation.
(2) A person who intends to operate a dispatch centre or a purification centre shall apply in writing for approval to the Minister in such form as the Minister may from time to time decide.
(3) The Minister may approve or refuse to approve a dispatch centre or a purification centre, or approve such a centre subject to such conditions as he or she may from time to time specify.
(4) When deciding on an application the Minister shall apply the relevant criteria contained in Chapter IV of the Annex.
(5) Where the Minister approves a dispatch centre or a purification centre under this Regulation, he or she shall assign an approval number to the centre.
(6) In the event of—
(i) a change in the ownership of a dispatch centre or purification centre, or
(ii) a significant change in—
(a) the premises or the equipment therein (otherwise than by way of repairs or maintenance), or
(b) the method of operation in the premises,
the approval shall lapse and it shall be necessary for the person operating the centre to re-apply for approval under this Regulation.
(7) Where following inspection and monitoring of a dispatch centre or a purification centre by an authorised officer the Minister is satisfied that a requirement of these Regulations is not being complied with the Minister may suspend or revoke the approval granted in respect of that dispatch centre or purification centre.
(8) A person shall not operate a dispatch centre or a purification centre in respect of which an approval under this Regulation has been suspended or revoked.
(9) The Minister shall not refuse to approve a dispatch centre or purification centre or suspend or revoke an approval under this Regulation without—
(a) notifying in writing the applicant for or holder of an approval of his or her intention to refuse, suspend or revoke the approval, as the case may be;
(b) specifying the reason for the intended refusal, suspension or revocation, as the case may be; and
(c) affording the applicant for, or holder of an approval an opportunity of making representations or having representations made on his or her behalf to the Minister in...