These Regulations may be cited as the Fishery Products (Official Controls Charges) (Scotland) Regulations 2007 and come into force on 1st January 2008.

These Regulations extend to Scotland only.

In these Regulations–

• F3“Directive 2004/41”, “Regulation 2406/96”, “Regulation 852/2004, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2019/624” and “Regulation 2019/627” have the meanings respectively given to them in the schedule;

• “establishment” has the meaning given by paragraph 1(c) of Article 2 of Regulation 852/2004;

• “first placing on the market” has the meaning that it bears in F4Regulation 2017/625;

• “first sale in a fish market” has the meaning that the phrase “first sale in fish market” bears in F5Regulation 2017/625;

• “fishery products” has the meaning given by point 3.1 of Annex I to Regulation 853/2004;

• “food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M1;

• “imported” means introduced into Scotland other than from another part of the British Islands;

• “official controls” is to be construed in accordance with the definition of “official control” in F6Article 2(1) of Regulation 2017/625;

• “processing” has the meaning that it bears in F7Regulation 2017/625;

• “processing establishment” means an establishment at which processing occurs;

• “relevant fishery products” means fishery products which–

  1. a

     were caught in their natural environment;

  2. b

     are imported by a fishing vessel flying the flag of a third country;

  3. c

     have not been on land prior to being imported; and

  4. d

     are intended for placing on the market for human consumption,

  other than relevant landed fishery products and third country imports;

• “relevant food authority” means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to that authority arise;

• “relevant landed fishery products” means fishery products which–

  1. a

     are landed in Scotland;

  2. b

     have not been on land previously; and

  3. c

     are intended for placing on the market for human consumption,

  other than relevant fishery products and third country imports;

• “specified pelagic fish” means–

  1. a

     herring of the species Clupea harengus;

  2. b

     sardines of the species Sardinia pilchardus;

  3. c

     mackerel of the species Scomber scombrus or Scomber japonicus;

  4. d

     horse mackerel (Trachurus spp.);

  5. e

     anchovies (Engraulis spp.);

  6. f

     picarels of the species Maena smaris; and

  7. g

     sprat of the species Sprattus sprattus;

• F14“third country” (except in the expression “third country import”) means any country or territory other than the British Islands;

• F1“third country import” means an import in respect of which a charge is payable under F8Article 79 of Regulation 2017/625.

• “vendor” means–

  1. a

     where a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products is effected on behalf of the owner or master of a vessel by another person, that other person; and

  2. b

     where there is a first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products in any other circumstances, the owner or master of the vessel from which they are landed.

For the purposes of these Regulations, the account period shall be one month or such longer period not exceeding twelve months as is determined by the relevant food authority.

If that authority is satisfied that a calculation made under paragraph (1) is incorrect, it shall recalculate the charge and notify the recalculated charge to any person from whom it may be collected.

A person may appeal to the sheriff against any decision of the relevant food authority imposing a charge under these Regulations.

Section 37(4) to (6) of the Food Safety Act 1990 M2 shall apply in relation to an appeal under paragraph (1) as it applies in relation to an appeal under section 37(1)(c) of that Act.

Pending the outcome of an appeal under paragraph (1) the original amount of the charge shall remain payable, but if, pursuant to the sheriff's decision, the amount of the charge is recalculated, the recalculated charge shall be payable to the food authority concerned from the date on which the original charge was made.

If the sheriff determines that the amount of any charge payable under these Regulations is less than the amount which any person has so paid, the overpayment shall be reimbursed by the relevant food authority.

Subject to paragraph (8), where there is a chargeable transaction for the purposes of this regulation and regulation 11, the vendor shall pay the charge determined in accordance with paragraphs (3) to (7) (“the landings charge”) to the relevant food authority.

Subject to paragraph (7), where the chargeable transaction is the first placing on the market of relevant fishery products or relevant landed fishery products, the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under F11Title VI of and Annex VI to Regulation 2019/627, calculated at the rate of 1 Euro per tonne for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of relevant fishery products or relevant landed fishery products first placed on the market in a calendar month.

Where the chargeable transaction is the first sale in a fish market of relevant fishery products, the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under F11Title VI of and Annex VI to Regulation 2019/627, calculated at the rate of 1 Euro per tonne for the first 50 tonnes and 0.5 Euro per tonne for each additional tonne of relevant fishery products first sold in a fish market in a calendar month.

Subject to paragraphs (6) and (7), where the chargeable transaction is the first sale in a fish market of relevant landed fishery products, the landings charge shall be a contribution towards the expenditure incurred in exercising the official controls required under F11Title VI of and Annex VI to Regulation 2019/627, calculated at the rate of 0.5 Euro per tonne for the first 50 tonnes and 0.25 Euro per tonne for each additional tonne of relevant landed fishery products first sold in a fish market in a calendar month.

In respect of any consignment of relevant landed fishery products consisting of specified pelagic fish, the landings charge shall not exceed 50 Euros.

Where the actual costs of exercising the official controls required under F11Title VI of and Annex VI to Regulation 2019/627 are less than the landings charge, the vendor shall pay an amount equal to those costs to the relevant food authority, instead of the landings charge.

Within 7 days of the end of each account period, the vendor shall make a written return to the relevant food authority to which the landings charge is payable in respect of the aggregate of chargeable transactions that the vendor has entered into during that period.

Subject to paragraph (3), the proprietor or operator of a processing establishment shall pay the charge determined in accordance with paragraph (2) (“the processing establishment charge”) to the relevant food authority.

The processing establishment charge shall be a contribution towards the expenditure incurred by the relevant food authority in exercising the official controls required under F12Title VI of and Annex VI to Regulation 2019/627, calculated at the rate of 0.5 Euro per tonne of fishery products entering the establishment for the purpose of processing.

Where the actual costs of exercising the official controls required under F12Title VI of and Annex VI to Regulation 2019/627 are less than the processing establishment charge, the proprietor or operator shall pay an amount equal to those costs to the relevant food authority, instead of the processing establishment charge.

Within 7 days of the end of each account period, the proprietor or operator who is responsible for paying the processing establishment charge shall make a written return to the relevant food authority to which that charge is payable in respect of the fishery products which have entered the establishment concerned during that period.