S.I. No. 34 of 2001

European Communities (Aquaculture Animals and Fish)(Placing on the Market and Control of Certain Diseases)(Amendment) Regulations, 2001.

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 ), for the purpose of giving effect to Council Directive 2000/27/EC of 2 May 2000¹ , 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) (Amendment) Regulations, 2001.

2.     In these Regulations “Principal Regulations” means European Communities (Aquaculture Animals and Fish) (Placing on the Market and Control of Certain Diseases) Regulations, 1996 ( S.I. No. 253 of 1996 ).

3.     Regulation 2(1) of the Principal Regulations is amended by the insertion in the definition of “Directive 93/53/EEC” after “fish diseases” of,” as amended by Council Directive 2000/27/EC of 2 May 2000”.

4.     The following Regulation is substituted for Regulation 22 of the Principal Regulations:

“22.     (1)    Vaccination against

(a)    list II diseases, in approved zones, in approved farms situated in non-approved zones or in zones or farms which have already begun the approval procedures laid down by Directive 91/67/EEC, and

(b)    list I diseases, subject to paragraph (2),

is prohibited.

(2)    Vaccination may be authorised by the Minister in the case of an outbreak of a list I disease in accordance with the criteria for vaccination set out in Schedule 12 and where account is taken of the criteria set out in Schedule 13.

(3)    Any vaccination authorised under paragraph (2) shall be carried out in accordance with any conditions attached to the authorisation.”

5.     Paragraph 1 of Schedule 9 to the Principal Regulations is amended by the substitution for paragraph (a) of the following paragraph:

“(a)    all fish shall be withdrawn in accordance with a scheme established by the official service and approved by the Commission of the European Communities in accordance with the procedure laid down in Article 19(2) of Directive 93/53/EEC;”.

6.     The following Schedules are inserted after Schedule 11 to the Principal Regulations:

“Schedule 12

Criteria for Vaccination Programmes

Vaccination programmes must contain at least the following information:

1.     The nature of the disease generating the request for vaccination.

2.     Information on the coastal and mainland areas, the sites and farms in which vaccination is to be carried out, vaccination not to be undertaken beyond the limits of the infected area, nor, if considered inappropriate by the official services, the buffer zone surrounding the infected area.

3.     Detailed information on all vaccines to be used or permitted to be used.

4.     Detailed information on conditions, limits and frequency of use of vaccination.

5.     Criteria for the cessation of vaccination.

6.     A requirement inter alia on all fish farms to maintain comprehensive records in relation to past vaccinations, including dates and sites where vaccination undertaken.

7.     Measures by inter alia the official service to prohibit the movement of fish from within the infected area except where such regulated movements involve the slaughter of the fish either for human consumption or for destruction and approved disposal.

8.     Any or all additional conditions necessary by inter alia the official service for the proper conduct of a vaccination programme.

Schedule 13

Minimum Criteria for Contingency Plans

Contingency plans shall, at minimum, meet the following criteria:

1.     The availability of a national crisis centre to co-ordinate all control measures within the State.

2.     A list of local disease control centres having adequate facilities to co-ordinate the disease control measures at local level.

3.     Detailed information on staff involved in control measures including skills and responsibilities.

4.     Adequate communications facilities available at each disease control centre to enable rapid contact with all persons and organisations directly and indirectly involved in combating a disease outbreak.

5.     The availability of adequate equipment and materials to fight any disease outbreak.

6.     Detailed instructions governing activation of plans in the event of suspicion and confirmation of infection or contamination.

7.     Training programmes to maintain and further develop skills in requisite field and administrative procedures.

8.     Where appropriate or applicable, diagnostic laboratories having facilities for post-mortem examination as well as the necessary capacity for serology, histology, associated expertise and rapid diagnosis, the latter involving adequate arrangements for rapid transportation of samples for laboratory testing.”.

Explanatory Note

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

This order implements inter alia Council Directive 2000/27/EC of 2 May 2000, amending Council Directive 93/53/EEC introducing minimum measures for the control of certain fish diseases. It takes account of inter alia new scientific and technical evidence relating to the treatment of List I diseases.

¹ O.J.No. L14, 13.5.2000, p.28