1.Lots shall be placed in size categories in accordance with the scale set out in Annex II.
2.Each lot must contain products of the same size. A small lot need not, however, be of uniform size; if it is not of uniform size, the lot shall be placed in the lowest size category represented therein.
3.The size category and presentation must be clearly and indelibly marked, in characters which are at least 5 cm high, on labels affixed to the lot.
The net weight in kilograms shall be clearly and legibly marked on each lot. Where lots are put up for sale in standard boxes, the net weight need not be shown if the contents of the box are shown, when weighed before being put up for sale, to correspond to the presumed contents expressed in kilograms.
[F14.A fisheries administration may make regulations specifying detailed rules for the application of this Article, in particular as regards the method of weighing and the determination of a variation in the net weight, above or below that marked or presumed, permitted for each lot.
5.Subject to paragraph 6, the Secretary of State may make regulations specifying detailed rules for the application of this Article, in particular as regards the method of weighing and the determination of a variation in the net weight, above or below that marked or presumed, permitted for each lot.
6.Where the exercise of the power to make regulations under paragraph 4 would be outside the jurisdiction of the Secretary of State under Article 1(7) of Regulation (EU) No 1380/2013, before making such regulations under the power in paragraph 5 the Secretary of State must obtain the consent of—
(a)the Scottish Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(3) of that Regulation;
(b)the Welsh Ministers, to the extent that the exercise of the power would be within their jurisdiction under Article 1(4) of that Regulation;
(c)the Department of Agriculture, Environment and Rural Affairs, in Northern Ireland, to the extent that the exercise of the power would be within its jurisdiction under Article 1(5) of that Regulation.
7.Article 43 of Regulation (EU) No 1379/2013 applies in relation to regulations made under this Article in the same way that it applies to regulations made under that Regulation.]
Textual Amendments
F1Art. 8(4)-(7) substituted for Art. 8(4) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(3); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F1Art. 8(4)-(7) substituted for Art. 8(4) (31.12.2020) by The Common Fisheries Policy and Aquaculture (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/753), regs. 1, 34(3); 2020 c. 1, Sch. 5 para. 1(1)