The Sea Fishing (EU Control Measures) (Scotland) Order 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/320 |
| Year | 2015 |
2015No. 320
SEA FISHERIES
The Sea Fishing (EU Control Measures) (Scotland) Order 2015
2ndSeptember2015
4thSeptember2015
5thOctober2015
The Scottish Ministers make the following Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981( 1) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972( 2) and all other powers enabling them to do so.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references in this Order to the Control Regulation and the Implementing Regulation (as both defined in article 2) and Regulation (EU) No 1380/2013 of the European Parliament and of the Council on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003and (EC) No 1224/2009and repealing Council Regulations (EC) No 2371/2002and (EC) 639/2004and Council Decision 2004/585/EC( 3) (in relation to the amendment at article 26(2)) to be construed as references to those instruments as amended from time to time.
PART 1
GENERAL PROVISIONS
Citation, commencement and extent
1.-(1) This Order may be cited as the Sea Fishing (EU Control Measures) (Scotland) Order 2015 and comes into force on 5th October 2015.
(2) Subject to paragraph (3), this Order extends to Scotland and the Scottish zone only.
(3) So far as this Order extends beyond Scotland and the Scottish zone, it does so only as a matter of Scots law.
(4) Nothing in paragraph (2) is to be treated as prejudicing the effect of section 30(2A) of the Fisheries Act 1981( 4) in the rest of the United Kingdom in relation to, or for purposes incidental to, any provision which creates an offence.
Interpretation
2.-(1) In this Order-
"British sea-fishery officer" has the same meaning as in section 7 of the Sea Fisheries Act 1968( 5);
"Control Regulation" means Council Regulation (EC) No 1224/2009establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94and (EC) No 1966/2006( 6), as amended from time to time;
"equivalent provision" means any provision in any other order made under section 30(2) of the Fisheries Act 1981 or any other order, regulations, rules or scheme made under section 2(2) of the European Communities Act 1972 for the purpose of implementing any EU control measure or EU (third country) control measure-
(a) which extends to any part of the United Kingdom and has equivalent effect to a provision in this Order; and
(b) proceedings in respect of which may be commenced in any place in the United Kingdom by virtue of section 30(2A) of the Fisheries Act 1981;
"EU control measure" means a requirement contained in a provision of the Control Regulation or Implementing Regulation, as read with any qualifying or supplementary provision in an EU instrument;
"EU instrument" means any instrument issued by any institution of the EU;
"EU recording and reporting requirement" means any requirement under the Control Regulation or the Implementing Regulation to record, keep, notify, submit, transmit or communicate any information or document;
"EU (third country) control measure" means a provision of Regulation 1006/2008, the Control Regulation or Regulation 201/2010 relating to third country fishing boats, as read with any qualifying or supplementary provision in an EU instrument, and in particular-
(a) Article 22 of Regulation 1006/2008;
(b) Article 23(1) of Regulation 1006/2008, as read with Article 9 of, and Annex III to, Regulation 201/2010;
(c) Article 8 of, and Annex II to, Regulation 201/2010;
(d) Article 9(6) of the Control Regulation;
(e) Article 50(4) and (5) of the Control Regulation;
"first sale fisheries product" means a fisheries product (other than farmed fish) which is being sold for the first time;
"fisheries product" includes fish which is landed from a fishing boat;
"Implementing Regulation" means Commission Implementing Regulation (EU) No 404/2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy( 7), as amended from time to time;
"licensed fishing boat" means a fishing boat in respect of which a licence has been issued under section 4 of the Sea Fish (Conservation) Act 1967( 8) or under similar provisions by another Member State or by another country;
"PLN number" means a fishing boat's port number and register number within the meaning of regulation 31 of the Merchant Shipping (Registration of Ships) Regulations 1993( 9);
"registered auction" means a centre or site registered or designated by the Scottish Ministers in accordance with article 10, at which fisheries products are marketed for sale by competitive bidding;
"registered buyer of fisheries products" means a person who is registered by the Scottish Ministers in accordance with article 6 (and includes an agent who buys fisheries products on behalf of that person);
"registered seller of fisheries products" means a person who is registered by the Scottish Ministers in accordance with article 8 (and includes an agent who sells fisheries products on behalf of that person);
"Regulation 1006/2008" means Council Regulation (EC) No 1006/2008concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters, amending Regulations (EEC) No 2847/93and (EC) No 1627/94and repealing Regulation (EC) No 3317/94( 10);
"Regulation 201/2010" means Commission Regulation (EU) No 201/2010 laying down detailed rules for the implementation of Council Regulation (EC) No 1006/2008concerning authorisations for fishing activities of Community fishing vessels outside Community waters and the access of third country vessels to Community waters( 11);
"relevant offence" means an offence under any provision of this Order except article 21(2), or under any equivalent provision extending to any other part of the United Kingdom, proceedings in respect of which were brought in Scotland by virtue of section 30(2A) of the Fisheries Act 1981;
"Scotland" and "the Scottish zone" have the same meaning as in section 126(1) of the Scotland Act 1998( 12);
"Scottish fishing boat" means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995( 13) and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging; and
"third country fishing boat" means a third country fishing vessel as defined in Article 2(o) of Regulation 1006/2008.
(2) In this Order, except where otherwise indicated, any reference to-
(a) a numbered article is a reference to the article so numbered in this Order;
(b) a numbered paragraph is a reference to the paragraph so numbered in the article in which it appears in this Order; and
(c) a numbered Part is a reference to the Part so numbered in this Order.
(3) For the purposes of this Order, any reference to a logbook, declaration or document includes, in addition to a logbook, declaration or document in writing any-
(a) map, plan, graph or drawing;
(b) photograph;
(c) data, however reproduced, communicated via a satellite-based vessel monitoring system established under Article 9 of the Control Regulation;
(d) data, however reproduced, communicated to a fisheries monitoring centre established under Article 9(7) of the Control Regulation;
(e) disk, tape, sound track or other device on which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced; and
(f) film (including microfilm), negative, tape, disk or other device on which one or more visual images are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced.
(4) Any information provided to any authority for the purpose of any provision of this Order is to be treated as also provided for the purpose of any equivalent provision.
(5) Expressions used in this Order that appear in the Control Regulation or Implementing Regulation and which are not defined in this Order, have the same meaning in this Order as in those Regulations.
(6) In this Order, a reference to anything done in writing includes an electronic communication as defined in section 15(1) of the Electronic Communications Act 2000( 14) which has been recorded and is consequently capable of being reproduced.
Competent authority
3. The Scottish Ministers are-
(a) the competent authority responsible for the fisheries monitoring centre under Article 9(8) of the Control Regulation for Scottish fishing boats and for Union and third country fishing boats in Scotland or the Scottish zone; and
(b) the competent national authority for the purposes of Article 125 of the Implementing Regulation for Scottish fishing boats.
PART 2
FIRST SALE OF FISHERIES PRODUCTS
First sale of fisheries products
4.-(1) In Article 59(1) of the Control Regulation, the reference to "auction centre" is to be construed as a reference to a registered auction.
(2) Pursuant to Article 59(1) of the Control Regulation, it is an offence-
(a) for first sale fisheries products to be offered for sale at an auction other than a registered auction;
(b) for any person, other than a registered seller, to offer for sale first sale fisheries products at a registered auction.
(3) In paragraph (2)(a), "auction" includes any business, premises or land used for the purpose of the first marketing of...
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