The Fishery Products (Official Controls Charges) (England) Regulations 2007

PART 1 E+W PRELIMINARY

Title, application and commencement E+W

1.  These Regulations may be cited as the Fishery Products (Official Controls Charges) (England) Regulations 2007, apply in relation to England only and come into force on 1^st January 2008.

Commencement Information

I1 Reg. 1 in force at 1.1.2008, see reg. 1

Interpretation E+W

2.—(1) In these Regulations —

[F1 “Directive 2004/41”, “Regulation 2406/96”, “Regulation 852/2004, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2015/1375”, “Regulation 2017/185”, “Regulation 2017/625”, F2 ... and “Regulation 2019/627” have the meanings respectively given to them in the Schedule;]

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

“first placing on the market” has the meaning that it bears in [F3 Regulation 2017/625];

“first sale in a fish market” shall be construed in accordance with the phrase “first sale in fish market” in [F4 Regulation 2017/625];

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

“food authority” has the meaning that it bears by virtue of section 5(1) of the Food Safety Act 1990(1), except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of that Act (which deals with the Inner Temple and Middle Temple);

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

“official controls” shall be construed in accordance with the definition of the term “official control” in [F5 Article 2(1) of Regulation 2017/625];

“processing” has the meaning that it bears in [F6 Regulation 2017/625];

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

“relevant fishery products” means fishery products which —

(a)

were caught in their natural environment;

(b)

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

(c)

have not been on land prior to being imported; and

(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 —

(a)

are landed in England;

(b)

have not been on land previously; and

(c)

are intended for placing on the market for human consumption,

other than relevant fishery products and third country imports;

“specified pelagic fish” means —

(a)

herring of the species Clupea harengus;

(b)

sardines of the species Sardinia pilchardus;

(c)

mackerel of the species Scomber scombrus or Scomber japonicus;

(d)

horse mackerel (Trachurus spp.);

(e)

anchovies (Engraulis spp.);

(f)

picarels of the species Maena smaris; and

(g)

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;]

“third country import” means an import in respect of which a charge [F8 set out in Annex 4 to Regulation 2017/625 is payable]; and

“vendor” means —

(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

(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.

(2) Where any functions under the Food Safety Act 1990 are assigned —

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984(2), to a port health authority;

(b) by an order under section 6 of the Public Health Act 1936(3), to a joint board for a united district; or

(c) by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985(4), to a single authority for a metropolitan county,

any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

[F9 (3) In these Regulations, any reference to an EU instrument defined in the Schedule is a reference to that instrument as amended from time to time.]

Textual Amendments

F1 Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 3(a)(i)

F2 Words in reg. 2(1) omitted (25.12.2020) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 (S.I. 2020/1410), regs. 1(2), 2(2)

F3 Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 3(a)(ii)

F4 Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 3(a)(iii)

F5 Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 3(a)(iv)

F6 Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 3(a)(v)

F7 Words in reg. 2(1) substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 2(2)

F8 Words in reg. 2(1) substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 3(a)(vi)

F9 Reg. 2(3) inserted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 3(b)

Commencement Information

I2 Reg. 2 in force at 1.1.2008, see reg. 1

Actual costs E+W

3.  For the purposes of these Regulations, the actual costs of exercising official controls are the aggregate of the costs of the items [F10 referred to in Articles 81 and 82 of Regulation 2017/625] directly incurred in the exercise of the official controls required under [F11 Title 6 of and Annex 6 to Regulation 2019/627].

Textual Amendments

F10 Words in reg. 3 substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 4(a)

F11 Words in reg. 3 substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 4(b)

Commencement Information

I3 Reg. 3 in force at 1.1.2008, see reg. 1

Sterling equivalents of Euro E+W

[F12 4.   Any reference in these Regulations to a specified number of Euros (“EUR”) is to be read as that sum converted into pounds sterling (“GBP”) using the exchange rate of GBP1 = EUR1.1413.]

Textual Amendments

F12 Reg. 4 substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 2(3)

Commencement Information

I4 Reg. 4 in force at 1.1.2008, see reg. 1

Account period E+W

5.—(1) 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.

(2) The account period shall be determined with a view to reducing to a reasonable amount, in comparison with the charges which are expected to fall due, the costs of —

(a) making returns; and

(b) collecting charges.

Commencement Information

I5 Reg. 5 in force at 1.1.2008, see reg. 1

Recovery of charges E+W

6.  Where a duty to pay a charge under these Regulations is imposed on either of two persons the authority to which the charge is payable may recover it —

(a) jointly from both of them; or

(b) separately from either of them.

Commencement Information

I6 Reg. 6 in force at 1.1.2008, see reg. 1

Calculation, payment and repayment of charges E+W

7.—(1) Where the relevant food authority becomes aware that a charge is due to it under these Regulations it shall —

(a) calculate the amount of the charge having regard to the information in its possession; and

(b) give notice of the amount so calculated to any person from whom it may be collected.

(2) If the relevant food authority is satisfied that a calculation made under paragraph (1) is incorrect, it shall recalculate the charge and —

(a) where the correct amount is more than the amount calculated under paragraph (1), it shall recover the higher amount in accordance with that paragraph;

(b) where the correct amount is less than the amount calculated under that paragraph and that amount has not been recovered, it shall recover the lesser amount in accordance with that paragraph; and

(c) where no charge is payable or the charge payable is less than the amount calculated under that paragraph, and that amount has been recovered, it shall repay the difference.

Commencement Information

I7 Reg. 7 in force at 1.1.2008, see reg. 1

Appeals E+W

8.—(1) A person may appeal against any decision of the relevant food authority imposing a charge under these Regulations.

(2) The appeal shall be heard by a magistrates’ court and section 37(3), (5) and (6) of the Food Safety Act 1990 shall apply in relation to such an appeal as it applies in relation to an appeal under section 37(1)(c) of that Act.

(3) On any such appeal, the court may —

(a) confirm the decision of the relevant food authority;

(b) determine any charge which is payable under these Regulations; or

(c) determine that no charge is payable.

(4) Pending the outcome of the appeal the original amount of the charge shall remain payable, but if after the court’s decision the amount of the charge needs to be recalculated, the new amount of the charge shall have effect from the date on which the original charge was made and the sum equal to that new amount shall be payable to the relevant food authority.

(5) If the court determines that a charge payable under these Regulations is less than the charge that has been so paid, the relevant food authority shall reimburse the overpayment to the successful appellant.

Commencement Information

I8 Reg. 8 in force at 1.1.2008, see reg. 1

Sums remitted from one food authority to another E+W

9.  In any case where the exercise of official controls is deferred and the food authority responsible for the exercise of the official controls required under [F13 Title 6 of and Annex 6 to Regulation 2019/627] (“authority A”) is not the relevant food authority to which a charge is required to be paid under these Regulations (“authority B”), authority B shall remit to authority A a sum equal to any amount received by authority B which is referable to official controls exercised by authority A.

Textual Amendments

F13 Words in reg. 9 substituted (14.12.2019) by The Fishery Products (Official Controls Charges) (England) (Amendment) Regulations 2019 (S.I. 2019/1474), regs. 1, 6

Commencement Information

I9 Reg. 9 in force at 1.1.2008, see reg. 1

(1)

1990 c.16; section 5 was amended by paragraphs 8 and 9 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28).

(2)

1984 c.22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c.16).

(3)

1936 c.49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.

(4)

1985 c.51; paragraph 15(6) was amended by paragraph 31(b) of Schedule 3 to the Food Safety Act 1990.