The Sea Fishing (EU Control Measures) (Scotland) Order 2015

PART 2 FIRST SALE OF FISHERIES PRODUCTS

First sale of fisheries products

4.—(1) In Article 59(1) of the Control Regulation, the reference to “auction centre” is to be construed as a reference to a registered auction.

(2) Pursuant to Article 59(1) of the Control Regulation, it is an offence—

(a) for first sale fisheries products to be offered for sale at an auction other than a registered auction;

(b) for any person, other than a registered seller, to offer for sale first sale fisheries products at a registered auction.

(3) In paragraph (2)(a), “auction” includes any business, premises or land used for the purpose of the first marketing of fisheries products.

Purchase of fisheries products by an unregistered buyer

5.  Pursuant to Article 59(2) and (3) of the Control Regulation—

(a) subject to paragraph (b), it is an offence for any person other than a registered buyer of fisheries products to purchase first sale fisheries products from a fishing boat;

(b) paragraph (a) does not apply to a person who, in a single day, purchases first sale fisheries products weighing no more than 30 kilogrammes which are not subsequently placed on the market but are used only for private consumption.

Registration of buyers of fisheries products

6.—(1) For the purposes of Article 59(2) of the Control Regulation, a registered buyer of fisheries products is to be regarded as registered with the competent authority.

(2) Any person may apply to the Scottish Ministers to be registered as a registered buyer of fisheries products.

(3) Such an application must be in writing and must also—

(a) be made in such form and manner;

(b) include such information and undertakings; and

(c) be delivered to such address,

as the Scottish Ministers may specify in a notice or from time to time require.

(4) Having considered the application, the Scottish Ministers may—

(a) register the applicant unconditionally;

(b) register the applicant subject to such conditions as they consider appropriate; or

(c) refuse the application.

(5) The Scottish Ministers must notify the applicant in writing—

(a) whether or not the application has been approved; and

(b) where the application has been approved—

(i) of any conditions that may be attached to the registration under paragraph (4)(b); and

(ii) of the registration number allocated to the applicant for the purposes of this Part.

(6) The Scottish Ministers must publish the fact that a person is a registered buyer of fisheries products in such manner as they see fit.

(7) A registered buyer of fisheries products commits an offence if that buyer fails to comply with any—

(a) condition to which the registration of that buyer is subject; or

(b) undertaking provided in the application for registration.

(8) A person commits an offence if that person, in an application under this article—

(a) makes a statement which is false or misleading in a material way, knowing the statement to be false or misleading;

(b) makes a statement which is false or misleading in a material way, being reckless as to whether the statement is false or misleading; or

(c) intentionally fails to disclose any material information.

(9) The registration of a registered buyer of fisheries products may be suspended where, in the view of the Scottish Ministers, the registered buyer of fisheries products has not—

(a) complied with a condition of registration; or

(b) complied with any requirement of Article 62, 63, 64, 66 or 67 of the Control Regulation.

Obligation of registered buyers of fisheries products to keep records

7.—(1) Subject to paragraph (2), a registered buyer of fisheries products must keep records of each purchase of first sale fisheries products made by that buyer at the place in the United Kingdom which is notified to the Scottish Ministers for that purpose in the buyer’s application for registration.

(2) Where a registered buyer of fisheries products does not operate that buyer’s business from the United Kingdom, or where a registered buyer of fisheries products is not established in the United Kingdom, the registered buyer of fisheries products must send records of every purchase of first sale fisheries products made by the buyer to the Scottish Ministers by 31st December in each year.

(3) The records referred to in this article must include all of the following information in relation to each individual purchase—

(a) the date and location of the purchase;

(b) the quantity of each species purchased;

(c) the price paid for each species purchased;

(d) the name and PLN number of the vessel which landed the fish;

(e) the name, address and registration number of the seller; and

(f) the reference number of the invoice or contract of sale.

(4) A registered buyer of fisheries products must keep the records of each purchase, as required by this article, for the period of 3 years beginning with the date of that purchase.

(5) A registered buyer of fisheries products must produce the records referred to in this article—

(a) upon the request of a British sea-fishery officer; and

(b) where the registered buyer of fisheries products does not operate that buyer’s business from the United Kingdom, or where the registered buyer of fisheries products is not established in the United Kingdom, to the Scottish Ministers within 28 days of receiving a request from a British sea-fishery officer under sub-paragraph (a) to produce those records.

(6) A registered buyer of fisheries products who fails to keep or send the records required by this article, or to produce the records in accordance with paragraph (5), commits an offence.

(7) A person commits an offence if that person, in purported compliance with this article, keeps, sends or produces records which are false or misleading in a material way—

(a) knowing the records to be false or misleading; or

(b) being reckless as to whether the records are false or misleading.

Registration of sellers of fisheries products

8.—(1) A registered seller of fisheries products is authorised for the purposes of Chapter II of Title V of the Control Regulation (control of marketing: post-landing activities), so far as that seller sells first sale fisheries products by way of competitive bidding at a registered auction.

(2) Any person may apply to the Scottish Ministers to be registered as a registered seller of fisheries products.

(3) Such an application must be in writing and must also—

(a) be made in such form and manner;

(b) include such information and undertakings; and

(c) be delivered to such address,

as the Scottish Ministers may specify in a notice or from time to time require.

(4) Having considered the application, the Scottish Ministers may—

(a) register the applicant unconditionally;

(b) register the applicant subject to such conditions as they consider appropriate; or

(c) refuse the application.

(5) The Scottish Ministers must notify the applicant in writing—

(a) whether or not the application has been approved; and

(b) where the application has been approved—

(i) of any conditions that may be attached to the registration under paragraph (4)(b); and

(ii) of the registration number allocated to the applicant for the purposes of this Part.

(6) The Scottish Ministers must publish the fact that a person is a registered seller of fisheries products in such manner as they see fit.

(7) A registered seller of fisheries products commits an offence if that seller fails to comply with any—

(a) condition to which the registration of that seller is subject; or

(b) undertaking provided in the application for registration.

(8) A person commits an offence if that person, in an application under this article—

(a) makes a statement which is false or misleading in a material way, knowing the statement to be false or misleading;

(b) makes a statement which is false or misleading in a material way, being reckless as to whether the statement is false or misleading; or

(c) intentionally fails to disclose any material information.

(9) The registration of a registered seller of fisheries products may be suspended where, in the view of the Scottish Ministers, the registered seller of fisheries products has not—

(a) complied with a condition of registration; or

(b) complied with any requirement of Article 62, 63, 64, 66 or 67 of the Control Regulation.

Obligation of registered sellers of fisheries products to keep records

9.—(1) Subject to paragraph (2), a registered seller of fisheries products must keep records of each sale of first sale fisheries products made by that seller at the place in the United Kingdom which is notified to the Scottish Ministers for that purpose in the application for registration made by the registered seller of fisheries products.

(2) Where a registered seller of fisheries products does not operate that seller’s business from the United Kingdom, or where a registered seller of fisheries products is not established in the United Kingdom, the registered seller of fisheries products must send records of every sale of first sale fisheries products made by the seller to the Scottish Ministers by 31st December in each year.

(3) The records referred to in this article must include all of the following information in relation to each sale—

(a) the date and location of the sale;

(b) the quantity of each species sold;

(c) the price paid for each species sold;

(d) the name and PLN number of the vessel which landed the fish;

(e) the name, address and registration number of the buyer; and

(f) the reference number of the contract of sale or invoice.

(4) A registered seller of fisheries products must keep the records of each sale, as required by this article, for the period of 3 years beginning with the date of that sale.

(5) A registered seller of fisheries products must produce the records referred to in this article—

(a) upon the request of a British sea-fishery officer; and

(b) where the registered seller of fisheries products does not operate that seller’s business from the United Kingdom, or where the registered seller of fisheries products is not established in the United Kingdom, to the Scottish Ministers within 28 days of receiving a request from a British sea-fishery officer under sub-paragraph (a) to produce those records.

(6) A registered seller of fisheries products who fails to keep or send the records required by this article, or to produce the records in accordance with paragraph (5), commits an offence.

(7) A person commits an offence if that person, in purported compliance with this article, keeps, sends or produces records which are false or misleading in a material way—

(a) knowing the records to be false or misleading; or

(b) being reckless as to whether the records are false or misleading.

Registration of auctions

10.—(1) Any person may apply to the Scottish Ministers to have a site or centre registered as an auction for the purposes of Chapter II of Title V of the Control Regulation.

(2) Such an application must be in writing and must also—

(a) be made in such form and manner;

(b) include such information and undertakings; and

(c) be delivered to such address,

as the Scottish Ministers may specify in a notice or from time to time require.

(3) Having considered the application, the Scottish Ministers may—

(a) register the site or centre as an auction unconditionally;

(b) register the site or centre as an auction subject to such conditions as they consider appropriate; or

(c) refuse the application.

(4) The Scottish Ministers must notify the applicant in writing—

(a) whether or not the application has been approved; and

(b) where the application has been approved, of any conditions that may be attached to the registration under paragraph (3)(b).

(5) The Scottish Ministers must publish the fact that a site or centre has been registered as an auction in such manner as they see fit.

(6) The applicant commits an offence if the applicant fails to comply with any—

(a) condition to which the registration of a particular site or centre as an auction is subject; or

(b) undertaking provided in the application for registration.

(7) A person commits an offence if that person, in an application under this article—

(a) makes a statement which is false or misleading in a material way, knowing the statement to be false or misleading;

(b) makes a statement which is false or misleading in a material way, being reckless as to whether the statement is false or misleading; or

(c) intentionally fails to disclose any material information.

Sale of first sale fisheries products landed from a licensed fishing boat

11.  It is an offence for any person to market first sale fisheries products which were landed in the United Kingdom by a fishing boat other than a licensed fishing boat.

Prohibition on purchase of first sale fisheries products not landed by a licensed fishing boat

12.—(1) It is an offence for any person to buy first sale fisheries products which were landed by a fishing boat other than a licensed fishing boat.

(2) In any proceedings for an offence under paragraph (1), it is a defence for a person to show that—

(a) that person did not know; and

(b) it was reasonable for that person not to suspect,

that the fisheries products had not been landed by a licensed fishing boat.