EU
Legislation (Wild Aquatic Animals – Food and Feed) (Jersey) Regulations 2019
1 Interpretation
(1) In
these Regulations –
“Animal Health Law” means
the Animal Health
(Jersey) Law 2016;
“Jersey” includes the
territorial sea adjacent to Jersey;
“Minister” means the
Minister for the Environment;
“relevant EU provision”
means an EU provision listed in Regulation 2(3);
“Sea Fisheries Law” means the
Sea Fisheries
(Jersey) Law 1994;
“wild aquatic animal” has
the meaning given by Article 3 of Council Directive 2006/88/EC of 24 October 2006
on animal health requirements for aquaculture animals and products thereof, and
on the prevention and control of certain diseases in aquatic animals (OJ L 328,
24.11.2006, p. 14).
(2) In
these Regulations, a reference to an EU provision is to be read as a reference
to that EU provision as it may be amended, substituted, extended or applied
from time to time by any other EU provision, or as it otherwise has effect in
the EU from time to time by virtue of any judgment of the European Court.
2 Effect of EU food and
feed provisions in relation to wild aquatic animals
(1) The
EU provisions listed in paragraph (3) have
effect in Jersey, to the extent, if any, that they do not have effect under
Article 2 of the European
Union (Jersey) Law 1973.
(2) The
Minister is the competent authority for the purpose of the relevant EU
provisions.
(3) The
EU provisions referred to in paragraph (1) are, to the extent that each
relates to a wild aquatic animal –
(a) Regulation (EC) No 178/2002
of the European Parliament and of the Council of 28 January 2002
laying down the general principles and requirements of food law, establishing
the European Food Safety Authority and laying down procedures in matters of
food safety (OJ L 31, 1.2.2002, p. 1);
(b) Regulation (EC) No 852/2004
of the European Parliament and of the Council of 29 April 2004 on the
hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1);
(c) Regulation (EC) No 853/2004
of the European Parliament and of the Council of 29 April 2004 laying
down specific hygiene rules for food of animal origin (OJ L 139,
30.4.2004, p. 55);
(d) Regulation (EU) 2017/625
of the European Parliament and of the Council of 15 March 2017 on official
controls and other official activities performed to ensure the application of
food and feed law, rules on animal health and welfare, plant health and plant
protection products (OJ L 95, 7.4.2017, p. 1 (“the Official Controls
Regulation”);
(e) any other Decision or
Regulation –
(i) that is an implementing or delegated act
625 (within the meaning given in Articles 290 and 291 of the Treaty
on the Functioning of the European Union), in relation to the Official Controls
Regulation,
(ii) or for which the legal basis otherwise is
or includes the Official Controls Regulation.
(f) Regulation (EC) No 1935/2004
of the European Parliament and of the Council of 27 October 2004 on
materials and articles intended to come into contact with food (OJ L 338,
13.11.2004, p. 4);
(g) Regulation (EC) No 183/2005
of the European Parliament and of the Council of 12 January 2005
laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1);
(h) Commission Regulation
(EC) No 2073/2005 of 15 November 2005 on microbiological
criteria for foodstuffs (OJ L 338, 22.12.2005, p. 1);
(i) Commission Regulation
(EC) No 2074/2005 of 5 December 2005 laying down implementing
measures for certain products and for the organisation of official controls (OJ
L 338, 22.12.2005, p. 27);
(j) Commission Regulation
(EC) No 1881/2006 of 19 December 2006 setting maximum levels for
certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5);
(k) Regulation (EU) No 1169/2011
of the European Parliament and of the Council of 25 October 2011 on
the provision of food information to consumers (OJ L 304, 22.11.2011, p. 18).[1]
(4) The
Minister may by Order amend paragraph (3) to remove an EU provision or to
substitute or add an EU provision that relates to food standards in relation to
wild aquatic animals.
(5) The
obligations imposed by these Regulations are in addition to and not in
derogation from the obligations imposed by and under –
(a) the Food Safety (Jersey) Law
1966;
(b) the Animal Health Law;
(c) the EU Legislation (Aquatic
Animal Health) (Jersey) Regulations 2016;
(d) the Sea Fisheries Law;
and
(e) the Wildlife
(Jersey) Law 2021.[2]
3 Enforcement: application
of Sea Fisheries Law
The Sea Fisheries Law is
to be read as applying, in relation to a wild aquatic animal, as if –
(a) these
Regulations were Regulations referred to in Article 10(1) of that Law; and
(b) the
reference in Article 16(1) of that Law to the purposes of enforcing that
Law included the purpose of enforcing these Regulations.
4 Enforcement: service of
notices
(1) The
Minister may serve a person with a notice (an “enforcement notice”) if the
Minister considers that the person has not complied with, is not complying
with, or is not likely to comply with a requirement of a relevant EU provision.
(2) An
enforcement notice must state –
(a) the steps that the person
must take;
(b) the date by which the
steps must be taken;
(c) the reason for the
service of the notice and for the requirements in it; and
(d) that there is a right to
apply for reconsideration under paragraph (6).
(3) A
person who, without reasonable excuse, fails to comply
with a requirement in an enforcement notice commits an offence, and is
liable to imprisonment for a term of 12 months and to a fine.
(4) Paragraphs (1)
to (7) and (10) of Article 23 of the Animal Health Law apply to a notice
under this Regulation as they apply to a notice under the “relevant
legislation” for the purpose of that Law.
(5) If
an inspector, within the meaning of the Animal Health Law, considers that a
requirement of an enforcement notice has not been complied with, the inspector
may –
(a) take such steps as the
inspector considers necessary –
(i) to ensure compliance with the requirements
of the notice, or
(ii) to remedy the
consequences of the failure to take the steps required by the notice; and
(b) recover any expenses
reasonably incurred in so doing from any person who has failed to comply with
the notice.
(6) A
person served with an enforcement notice may, within 21 days after that
service, apply for reconsideration of the decision to serve the notice, by
making written representations about that decision to a person appointed for
the purpose by the Minister.
(7) The
Minister may make written submissions concerning the decision to the person
appointed.
(8) The
person appointed must review the decision and report in writing to the Minister
on the decision, the representations and any submissions.
(9) The
Minister must –
(a) reconsider the decision,
having regard to the report;
(b) make a final
determination; and
(c) serve written notice of
the final determination, giving reasons, on the person who made the
representations.
(10) An
application for reconsideration does not suspend the effect of the enforcement
notice.
5 Enforcement: offences
(1) A
master of a fishing boat, within the meaning of those terms in the Sea
Fisheries Law, commits an offence, and is liable to imprisonment for a term of 12 months
and to a fine, if a relevant EU provision is contravened in relation to that
fishing boat.
(2) Paragraph (3)
applies to a person other than –
(a) the competent authority;
(b) an agent of the competent
authority; or
(c) a person who commits an
offence under paragraph (1).
(3) The
person commits an offence, and is liable to a fine of level 3 on the
standard scale, if the person, without reasonable excuse, contravenes a
prohibition in or requirement of a relevant EU provision.
(4) In
this paragraph and paragraphs (5) and (6) –
“relevant offence” means
an offence under these Regulations that is committed by a limited liability
partnership, a separate limited partnership, an incorporated limited
partnership or another body corporate;
“relevant person” means –
(a) if the relevant offence
is committed by a limited liability partnership, a partner of the partnership;
(b) if the relevant offence
is committed by a separate limited partnership or an incorporated limited
partnership –
(i) a general partner, or
(ii) a limited partner who is
participating in the management of the partnership;
(c) if the relevant offence
is committed by a body corporate other than an incorporated limited partnership –
(i) a director, manager, secretary or other
similar officer of the body corporate, and
(ii) if the affairs of the
body corporate are managed by its members, a member who is acting in connection
with the member’s functions of management; and
(d) a person purporting to
act in any capacity described in sub-paragraphs (a) to (c) in relation to
the partnership or body that commits the relevant offence.
(5) If
a relevant offence is proved to have been committed with the consent or
connivance of a relevant person, that relevant person is also guilty of the
offence and liable in the same manner as the partnership or body corporate to
the penalty provided for that offence.
(6) If
a relevant offence –
(a) is an offence that may be
committed by neglect; and
(b) is proved to be attributable
to any neglect on the part of a relevant person,
that relevant person is
also guilty of the offence and liable in the same manner as the partnership or
body corporate to the penalty provided for that offence.
6 Orders to deal with
deficiencies, arising from withdrawal of UK from EU, in food standards
for aquatic animals
(1) The
Minister may, by Order, make any provision, whether by amendment (including an
amendment to these Regulations) or otherwise, that –
(a) may be made by
Regulations under Article 2, 5A or 5B of the European Union
Legislation (Implementation) (Jersey) Law 2014; and
(b) either –
(i) relates to the subject matter of, or the
implementation of, a relevant EU provision, or
(ii) otherwise provides for food or feed standards in relation to wild aquatic animals.
(2) No
Order may be made under paragraph (1) after 2020.
7 [3]
8 Citation and
commencement
These Regulations may be
cited as the EU Legislation (Wild Aquatic Animals – Food and Feed)
(Jersey) Regulations 2019 and come into force 14 days after they are made.