Non-Tariff Barriers

Non-Tariff Measure

NTM classification

P14: Product quality, safety, or performance requirements 

Date when the measure came into force

04 December 1998 

Publication where the measure is specified

Statutory Instrument 369 of 1998 

Regulation where the measure is specified

Produce Export (Production of Chilled and Frozen Fish and Frozen Fish Products) Regulations, 1998 

Country/Region applying the measure

Zimbabwe 

The rationale of the measure

Not specified in the regulations 

Coded list of objectives

X: For purposes n.e.s. 

Description of the measure

Registration of an export establishment
4. (1) Where the owner, lessor or management of a fish processing establishment , or ancillary premises desires to use the premises for –
(a) the processing of fish; or
(b ) the storage of processed fish or by-products intended for exports ;
The owner or the lessor or management authorized by the owner, shall apply to the Director for registration of the premises as an export establishment on Form 1.
(2) An application in terms of subsection (1) shall be accompanied by –
(a) Comprehensive and adequate plans and a full description of the premises to which the application relates ; and
(b) A full description of the equipment and fittings to be used; and
(c) An explanation of the operations to be carried out ; and
(d) A site plan showing the area to be used and adjacent properties and buildings; and
(e) Any other relevant information that may be required by the Director.
(3) As soon as practicable after receiving an application in terms of this section, the Director shall consider the application, and if he is satisfied that the applicant’s premises fulfill the requirements of these regulations he shall –
(a) Allocate to the premises an official identification number and enter that number in a register ; and
(b) Issue a certificate on Form P. E. F 1.;
(c) Publish by notice in the Gazette notification of the registration and the purposes for which registration has been granted.
(4) A certificate of registration (Form P.E.F2) shall expire on the 31st December of the year of issue.
(5) No person shall use any premises for the purposes referred to in paragraphs (a), (b) and (c ) of section (1) unless such premises are registered in terms of this section.
Renewal, transfer and alteration of registration
5.(1) Any licensee who wishes to renew the registration of his premises as an export establishment shall submit to the Director an application on Form P.E.F 3 not later than the 1st November of the year in which his premises were registered.
(2) Any licensee who, by reason of sale or cession, transfers the ownership or operation of an export establishment to another person, shall submit to the Director an application on Form P.E.F 4 together with proof of registration in the year in which the transfer was made
(3) Any licensee who wishes to make alterations or additions to his export establishment shall submit an application to the Director on Form P.E. F 5.
(4) As soon as practicable after receiving an application in terms of subsection (1), (2) or (3) the Director shall consider the application, and if he is satisfied that –
(a) there is no change in the use of the premises for the purpose specified in the certificate of registration; and
(b) there is no reduction in the standards of hygiene or quality of the products of the export establishment;
He shall endorse the application and return it to the licensee.
Cancellation of registration
6. Where the Director is satisfied that –
(a) an export establishment is not being used for the purpose specified in the certificate of registration ; or
(b) the equipment available in the export establishment has ceased to be adequate ; or
(c ) the operations being carried out on the establishment have ceased to be satisfactory; or
(d) Alteration and addition which have not been approved have been made; or
(e) The licensee has failed to comply with the provisions of these regulations.
He may cancel the registration in respect of that export establishment.

Appeals
7.(1) If the Director rejects an application for registration, renewal of registration or transfer of registration in terms of this part , or cancels an existing registration, the aggrieved party may appeal in writing to the Minister of Lands and Agriculture within 14 days of such rejection or cancellation , giving the grounds for such an appeal.
(2) Within thirty days of receiving an appeal in terms of subsection (1) , the Minister shall, after consultation with the Director , notify the applicant of his decision:
Provided that the Minister may, within that time –
(i) Require the Director to furnish him with the reasons for his rejection or cancellation ;
(ii) Authorize the use of premises in respect of which the appeal is made as an export establishment 

Reference of the measure

Articles 4-7 and Paragraph 4 of the First Schedule 

Measure also domestic

No 

Products affected by the measure.

Description

Chilled and Frozen Fish and Frozen Fish Products 

Countries/Regions affected by the measure.

Description

All countries