LegalizeThe Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Amendment Order 2011
Made: 2nd February 2011
Laid before the Scottish Parliament: 4th February 2011
Coming into force: 7th March 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by section 30(2) of the Fisheries Act 1981 and paragraph 1A of Schedule 2 to the European Communities Act 1972 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 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 to be construed as a reference to that Article as amended from time to time.
Citation and commencement
1
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 2010
2
The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010 is amended in accordance with articles 3 to 7.
Amendment of article3 (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 ”.
Amendment of article4 (register of fish buyers and sellers with the prescribed annual financial turnover)
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of article5 (EU recording and reporting requirements)
5
In article 5(3), for “Articles 62 and 66” substitute “ Articles 62, 63, 66 and 67 ”.
Amendment of article15 (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 Schedule1 (EU recording and reporting requirements, contravention of which constitutes an offence)
7
In Schedule 1—
- (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (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 Orders
8
The amendments specified in Schedule 2 have effect.
SCHEDULE 1 — Entries to be inserted into Schedule 1 to the Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010
PART 1
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Provision | Detailed Rules | Subject Matter | Persons liable |
| 1. The Control Regulation |
PART 2
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Provision | Detailed Rules | Subject Matter | Persons liable |
| 1. The Control Regulation |
SCHEDULE 2 — Amendment of other sea fishing Orders
The Sea Fishing (Transitional EU Technical Conservation Measures) ( Scotland ) Order 2010
1
- (1) The Sea Fishing (Transitional EU Technical Conservation Measures) (Scotland) Order 2010 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 2010
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signed
RICHARD LOCHHEAD — A member of the Scottish Executive — 2011-02-02
Explanatory note
(This note is not part of the Order)
Footnotes
[^f00001]: 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), article5 and the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), articles3, 5 and 6. The functions of the Secretary of State, in or as regards Scotland, were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46) (“the 1998 Act”). Definitions of “enforceable Community restriction”, “enforceable Community obligation” and “the Ministers” are contained in section30(3) of the 1981 Act. Section30 of the 1981 Act has effect in relation to Scotland as modified by section30(5) of that Act, inserted by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1820), Schedule2, paragraph68(5)(b).
[^f00002]: 1972 c.68. Paragraph1A of Schedule2 was inserted by the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”), section28 and amended by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part1.
[^f00003]: Section2(2) was amended by the 1998 Act, Schedule8, paragraph15(3) (which was amended by the 2006 Act, section27(4)). Section2(2) was also amended by the 2006 Act, section27(1)(a) and the 2008 Act, Schedule, Part1. The functions conferred upon the Minister of the Crown under section2(2), insofar as within devolved competence, were transferred by virtue of section53 of the 1998 Act.
[^f00004]: O.J. No.L343, 22.12.09, p.1. Council Regulation (EC) No. 1224/2009 is referred to as “the Control Regulation” in this Order.
[^f00005]: S.S.I. 2010/334.
[^f00006]: Although Article5(1) and (4) of Commission Regulation(EC) No.1077/2008 (O.J. No.L295, 4.11.08, p.3) is still in force, it is effectively superseded by Articles63 and 67 of Council Regulation (EC) No.1224/2009 (O.J. No.L343, 22.12.09, p.1) (“the Control Regulation”). Regulation1077/2008 is due to be repealed in early 2011 by a Commission Regulation laying down detailed rules for the implementation of the Control Regulation.
[^f00007]: S.S.I. 2010/100.
[^f00008]: S.S.I. 2010/238.
[^f00009]: O.J. No.L24, 27.1.11, p.1.
[^f00010]: O.J. No.L261, 20.10.93, p.1.
[^f00011]: O.J. No.L286, 29.10.08, p.33.
[^f00012]: O.J. No.L343, 22.12.09, p.1.
[^f00013]: O.J. No.L295, 4.11.08, p.3.
[^f00014]: O.J. No.L61, 11.3.10, p.10.
[^f00015]: O.J. No.L21, 26.1.10, p.1 (subsequently re-numbered as Council Regulation (EU) No.53/2010).
[^f00016]: O.J. No.L24, 27.1.11, p.1.
Amendment of article 3 (competent authority and methods of reporting)
Amendment of article 4 (register of fish buyers and sellers with the prescribed annual financial turnover)
Amendment of article 5 (EU recording and reporting requirements)
Amendment of article 15 (admissibility in evidence of logbooks and other documents)
Amendment of Schedule 1 (EU recording and reporting requirements, contravention of which constitutes an offence)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
| (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— | 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— | 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. |
Editorial notes
[^c20699711]: 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).
[^c20699721]: 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.
[^c20699731]: 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.
[^c20699741]: 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.
[^c20699751]: S.S.I. 2010/334.
[^c20699761]: Although Article 5(1) and (4) of Commission Regulation (EC) No. 1077/2008 (O.J. No. L 295, 4.11.08, p.3) is still in force, it is effectively superseded by Articles 63 and 67 of Council Regulation (EC) No. 1224/2009 (O.J. No. L 343, 22.12.09, p.1) (“the Control Regulation”). Regulation 1077/2008 is due to be repealed in early 2011 by a Commission Regulation laying down detailed rules for the implementation of the Control Regulation.
[^c20699771]: S.S.I. 2010/100.
[^c20699801]: O.J. No. L 261, 20.10.93, p.1.
[^c20699811]: O.J. No. L 286, 29.10.08, p.33.
[^c20699821]: O.J. No. L 343, 22.12.09, p.1.
[^c20699831]: O.J. No. L 295, 4.11.08, p.3.
[^c20699841]: O.J. No. L 61, 11.3.10, p.10.
[^c20699851]: O.J. No. L 21, 26.1.10, p.1 (subsequently re-numbered as Council Regulation (EU) No. 53/2010).
[^c20699861]: O.J. No. L 24, 27.1.11, p.1.
[^key-d9080ab03d9877f220be1548ee0fde21]: 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))
[^key-75806445d6f669f6b228e85ccc49c6dd]: Art. 4 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))
[^key-c9ac70be5c8dfde86496d2668c85c7a2]: Art. 7(a) 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))
[^key-8349b972ac1d29a213215a88e516f196]: Sch. 2 para. 2 revoked (1.12.2017) by The Sea Fishing (Miscellaneous Revocations) (Scotland) Order 2017 (S.S.I. 2017/324), arts. 1(1), 2, sch.
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