2011 No. 59
The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Amendment Order 2011
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981 M1 and paragraph 1A of Schedule 2 to the European Communities Act 1972 M2 and all other powers enabling them to do so.
This Order makes provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 M3 and it appears to the Scottish Ministers that it is expedient for any reference, other than in Schedule 2, to Article 62, 63, 66, 67 or 68 of Council Regulation (EC) No. 1224/2009 M4 to be construed as a reference to that Article as amended from time to time.
1972 c.68. Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”), section 28 and amended by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1.
Section 2(2) was amended by the 1998 Act, Schedule 8, paragraph 15(3) (which was amended by the 2006 Act, section 27(4)). Section 2(2) was also amended by the 2006 Act, section 27(1)(a) and the 2008 Act, Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred by virtue of section 53 of the 1998 Act.
O.J. No. L 343, 22.12.09, p.1. Council Regulation (EC) No. 1224/2009 is referred to as “the Control Regulation” in this Order.
Citation and commencement1
This Order may be cited as the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Amendment Order 2011 and comes into force on 7th March 2011.
Amendment of the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 20102
The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010 M5 is amended in accordance with articles 3 to 7.
Amendment of article 3 (competent authority and methods of reporting)3
In article 3(2)(b)(ii), for “Article 5(1) and (4) of Regulation 1077/2008” substitute “
Articles 63 and 67 of the Control Regulation
”
M6.
Amendment of article 4 (register of fish buyers and sellers with the prescribed annual financial turnover)F24
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of article 5 (EU recording and reporting requirements)5
In article 5(3), for “Articles 62 and 66” substitute “
Articles 62, 63, 66 and 67
”
.
Amendment of article 15 (admissibility in evidence of logbooks and other documents)6
In article 15(1), for sub-paragraphs (d) to (f) substitute—
d
sales note submitted under Article 62, or sent under Article 63, of the Control Regulation;
e
declaration submitted under Article 66, or sent under Article 67, of the Control Regulation;
f
document drawn up under Article 68 of the Control Regulation; or
Amendment of Schedule 1 (EU recording and reporting requirements, contravention of which constitutes an offence)7
In Schedule 1—
F3a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
after entry 1(i)
(relating to Article 66(1) and (3) of the Control Regulation), insert entries “
(j) and (k)
”
set out in Part 2 of Schedule 1 to this Order;
c
omit entries 2(a) and (b) (relating to Article 5(1) and (4) of Regulation 1077/2008); and
d
omit entry 3(d) (relating to Article 13 of Regulation 2847/93).
Amendment of other sea fishing Orders8
The amendments specified in Schedule 2 have effect.
SCHEDULE 1Entries to be inserted into Schedule 1 to the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010
F1PART 1
Sch. 1 Pt. 1 revoked (5.10.2015) by The Sea Fishing (EU Control Measures) (Scotland) Order 2015 (S.S.I. 2015/320), arts. 1(1), 31(2) (with art. 31(3))
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 2
Column 1 | Column 2 | Column 3 | Column 4 |
---|---|---|---|
Provision | Detailed Rules | Subject Matter | Persons liable |
1. The Control Regulation |
(j)
Article 67(1).
In relation to registered buyers, registered auctions or other bodies or persons authorised by Member States that are responsible for the first marketing of fisheries products landed in a Member State and have an annual financial turnover in first sales of fisheries products of [euro]200,000 or more, and where fisheries products are intended for sale at a later stage—
The registered buyer, the registered auction or other authorised body or person responsible for the first sale of the fisheries products.
Requirement to: (a) record take-over declaration data by electronic means, and (b) send that data by electronic means to the competent authority of the Member State where the take-over takes place within 24 hours of landing.
(k)
Article 68(1), (3), (5) and (7), subject to Article 68(2) and (8).
In relation to fisheries products that are landed in the EU (either unprocessed or having been processed on board), for which neither a sales note nor a take-over declaration has been submitted in accordance with Article 62, 63, 66 or 67 of the Control Regulation, and which are transported to a place other than that of landing—
The transporter of fisheries products. (“Transporter” means the owner of, the hirer of, and the person responsible for, any vehicle used to transport fisheries products.)
Requirement to: (a) draw up a transport document; (b) ensure that it accompanies the fisheries products until the first sale; (c) submit the transport document to the competent authority of the Member State where the landing takes place and, where the products are transported to a different Member State, submit a copy of the transport document to the competent authority of the Member State where the first marketing is declared to take place, both within 48 hours of loading the fisheries products, and (d) prove at all times by documentary evidence that a sales transaction has taken place, in cases where fisheries products have been declared as sold in a sales note and are transported to a location other than the place of landing.
SCHEDULE 2Amendment of other sea fishing Orders
The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 20101
1
The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010 M7 is amended as follows.
2
In article 12 (admissibility in evidence of logbooks and other documents), for paragraph (1)(d) to (f) substitute—
d
sales note submitted under Article 62, or sent under Article 63, of Regulation 1224/2009;
e
declaration submitted under Article 66, or sent under Article 67, of Regulation 1224/2009;
f
document drawn up under Article 68 of Regulation 1224/2009; or
The Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2010F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1981 c.29 (“the 1981 Act”); relevant modifications are contained in the Scotland Act 1998 (Functions Exercisable in or as Regards Scotland) Order 1999 (S.I. 1999/1748), article 5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles 3, 5 and 6. The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) (“the 1998 Act”). Definitions of “enforceable Community restriction”, “enforceable Community obligation” and “the Ministers” are contained in section 30(3) of the 1981 Act. Section 30 of the 1981 Act has effect in relation to Scotland as modified by section 30(5) of that Act, inserted by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), Schedule 2, paragraph 68(5)(b).