The Sea Fishing (Enforcement of Community Control Measures) (Scotland) Amendment Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 (S.S.I. 2000/7) (“the principal Order”). The principal Order makes provision for the enforcement of restrictions and obligations contained in Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy (O.J. No. L 261, 20.10.93, p.1) (“the Council Regulation”).

This Order provides for the enforcement of Council Regulation (EC) No. 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing (O.J. No. L 409, 30.12.06, p.1) and Commission Regulation (EC) No. 1077/2008 laying down detailed rules for the implementation of Council Regulation (EC) No. 1966/2006 on electronic recording and reporting of fishing activities and on means of remote sensing and repealing Regulation (EC) No. 1566/2007 (O.J. No. L 295, 4.11.08, p.3), which require the electronic transmission of information to be recorded in sales notes and take‑over declarations.

This Order provides for a public register, to be maintained by the Scottish Ministers, of all registered buyers, registered auctions and other authorised entities or persons responsible for the first sale of fishery products in Scotland, which have the prescribed annual financial turnover: an annual financial turnover in first sales of fishery products in excess of €400,000 (Article 2(3)). (The sterling equivalent of €400,000 is calculated by reference to the European Central Bank’s official average euro foreign exchange reference rate for the year for which turnover is being assessed.)

This Order makes it an offence for any such registered buyer, registered auction or other authorised entity or person to fail to inform the Scottish Ministers whether or not it has the prescribed annual financial turnover or to knowingly or recklessly provide information concerning financial turnover which is materially false (Article 2(4)).

This Order also makes it an offence for any such registered buyers, registered auctions and other authorised entities or persons with the prescribed annual financial turnover, to fail to electronically transmit information required to be recorded in sales notes and take‑over declarations or to knowingly or recklessly transmit information which is false in a material particular (Article 2(6)(c) and (d)).

Any such offences are punishable, on summary conviction, by a maximum fine of £50,000, or, on conviction on indictment, by a fine.

This Order also revises the Schedule to the principal Order by specifying the provisions of Commission Regulation (EEC) No. 1382/87 establishing detailed rules concerning the inspection of fishing vessels (O.J. No. L 132, 21.05.87, p.11) as detailed rules for the purposes of Article 5b of the Council Regulation (article 2(6)(a) and (b)).

A Regulatory Impact Assessment in relation to this Order has been prepared and placed in SPICE. Copies can be obtained from Marine Scotland, Robb’s Loan, Edinburgh, EH14 1TY.