The Sea Fish Industry (Coronavirus) (Fixed Costs) Regulations (Northern Ireland) 2021

Interpretation

2.  In this Scheme—

“application”, except in relation to an application for a review under article 7, means an application for a grant;

“the Commission Communication” means the Communication from the EU Commission dated 19 March 2020 (2020/C 91 I/01) laying down a Temporary Framework for State aid measures to support the economy in the current COVID-19 outbreak(1);

“the Commission Decision” means the Decision of the EU Commission of 6 April 2020 (SA. 56841(2020/N) – United Kingdom)(2) approving the United Kingdom COVID-19 Temporary Framework for UK Authorities, as read with the Decision of the EU Commission of 8 December 2020(3) (SA. 58823 (2020/N) – United Kingdom) approving the amendments to the Temporary Framework notified by the United Kingdom;

“the Department” means the Department of Agriculture, Environment and Rural Affairs;

“eligible person” has the meaning given in article 3;

“eligible Northern Ireland fishing boat” has the meaning given in article 4;

“fixed costs” means any administration expenses, administration wages, berthing fees and associated charges, Commissioner of Irish Lights fees, cleaning and waste (premises), depreciation, directors’ pension contribution, directors’ remuneration, directors’ salaries, directors’ social security, distribution costs, electronics, freight, gear repair, haulage, hire purchase, hire and maintenance of equipment, laundry and cleaning, legal and professional fees, light and heat, marketing, navigational aids, postage and stationery, premises costs, printing and stationery, rates, rent, ship’s telephone, staff training, storage, sundries, telephone, telecommunications, transport and packing charges, use of home as office, VAT (if not VAT registered), vehicle expenses, vessel insurances or vessel repairs;

“grant” means a grant in respect of fixed costs of an eligible Northern Ireland fishing boat calculated in accordance with article 6;

“port of administration”, in relation to a fishing boat, means the port from which the licence granted in respect of the fishing boat under section 4 of the Sea Fish (Conservation) Act 1967(4) was issued;

“qualifying period” means the period 1st September 2020 to 31st December 2020 (both dates inclusive);

“sea fishing activity” means searching for sea fish, shooting, setting, towing or hauling of fishing gear, taking catch on board, transhipping, retaining on board, processing on board, transferring, caging, fattening and landing of sea fish and sea fisheries products;

“static fishing gear” means any pot, creel, receptacle or container with one or more openings or entrances and which is capable of being left at sea to catch crustaceans or molluscs.

(1)

OJ C911, 20.3.2020, p.1, as amended on 3 April 2020 (OJ C1121, 4.4.2020, p.1), 8 May 2020 (OJ C164, 13.5.2020, p.3), 29 June 2020 (OJ C218, 2.7.2020, p.3), 13 October 2020 (OJ C340, 13.10.2020, p.1), 28 January 2021 (OJ C34, 1.2.2021, p.6) and 10 March 2021 (OJ C177, 7.5.2021, p.23)

(2)

OJ C144, 30.4.2020, p.1 as amended on 23 April 2020 (OJ C421, 4.12.2020, p.6) as amended on 31 July 2020 (OJ C269, 14.8.2020, p.15)

(3)

OJ C439, 18.12.2020, p.1

(4)

1967 c.84 section 4 was repealed by the Fisheries Act 2020 (c.22), licenses granted under section 4 continue to have effect by virtue of Schedule 4, Part 3, paragraph 28(5) and (6) of that Act