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There are currently no known outstanding effects for the The Fishery Products (Official Controls Charges) (Scotland) Regulations 2007, Section 2.
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2.—[F1(1)] In these Regulations–
[F2“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 [F3Regulation 2017/625];
“first sale in a fish market” has the meaning that the phrase “first sale in fish market” bears in [F4Regulation 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 [F5Article 2(1) of Regulation 2017/625];
“processing” has the meaning that it bears in [F6Regulation 2017/625];
“processing establishment” means an establishment at which processing occurs;
“relevant fishery products” means fishery products which–
were caught in their natural environment;
are imported by a fishing vessel flying the flag of a third country;
have not been on land prior to being imported; and
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–
are landed in Scotland;
have not been on land previously; and
are intended for placing on the market for human consumption,
other than relevant fishery products and third country imports;
“specified pelagic fish” means–
herring of the species Clupea harengus;
sardines of the species Sardinia pilchardus;
mackerel of the species Scomber scombrus or Scomber japonicus;
horse mackerel (Trachurus spp.);
anchovies (Engraulis spp.);
picarels of the species Maena smaris; and
sprat of the species Sprattus sprattus;
[F7“third country” (except in the expression “third country import”) means any country or territory other than the British Islands;]
[F8“third country import” means an import in respect of which a charge is payable under [F9Article 79 of Regulation 2017/625].]
“vendor” means–
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
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.
Textual Amendments
F1Reg. 2 renumbered as reg. 2(1) (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 5(2)(a)
F2Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 5(2)(b)(i)
F3Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 5(2)(b)(ii)
F4Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 5(2)(b)(iii)
F5Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 5(2)(b)(iv)
F6Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 5(2)(b)(v)
F7Words in reg. 2 substituted (31.12.2020) by virtue of S.S.I. 2019/100, reg. 2(2) (as substituted by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(a), 8(2))
F8Words in reg. 2 substituted (1.7.2012) by The Trade in Animals and Related Products (Scotland) Regulations 2012 (S.S.I. 2012/177), reg. 1(b), sch. 4 para. 4 (with reg. 3)
F9Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 5(2)(b)(vi)
Marginal Citations
M11994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232.
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