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 2015/1375”, “Regulation 2017/185”, “Regulation 2017/625”, F11... 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 F3Regulation 2017/625;

• “first sale in a fish market” shall be construed in accordance with the phrase “first sale in fish market” in F4Regulation 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 19904, 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 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 —

  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 England;

  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;

• F13“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 F7set out in Annex 4 to Regulation 2017/625 is payable; and

• “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.

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.

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.

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

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.

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.

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.