The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Amendment) Regulations (Northern Ireland) 2016

Statutory Rules of Northern Ireland

2016 No. 120

Agriculture

Sea Fisheries

The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Amendment) Regulations (Northern Ireland) 2016

Made

7th March 2016

Coming into operation

4th April 2016

The Department of Agriculture and Rural Development is a department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department that it is expedient for any reference in these Regulations and the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005(3) to Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy(4) to be construed as a reference to that Council Regulation as amended from time to time.

The Department of Agriculture and Rural Development makes the following Regulations in exercise of the powers conferred by section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972(5).

Citation and commencement

1.  These Regulations may be cited as the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites (Amendment) Regulations (Northern Ireland) 2016, and come into operation on 4th April 2016.

Amendment of the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005

2.—(1) The Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005 (6) are amended in accordance with paragraphs (2) to (15).

(2) For paragraphs (2) and (3) of regulation 1 (citation, commencement and extent) substitute –

“(2) These Regulations apply –

(a) in Northern Ireland and the Northern Ireland zone; and

(b) in relation to any Northern Ireland fishing boat wherever it is.”.

(3) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definition of “Article 9”;

(ii) for the definition of “the CFP Regulation” substitute—

““the Control Regulation” means Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, as amended from time to time;” (7);

(iii) in the definition of “equivalent provisions”, for “Article 9, or Article 22 of the CFP Regulation” substitute “Chapter II of Title V”;

(iv) in the definition of “fish”, for “Article 9, or Article 22 of the CFP Regulation” substitute “the Control Regulation”; and

(b) for paragraphs (3) and (4) substitute—

“(3) Terms used in these Regulations which are not defined in paragraph (1) or (2) and which appear in the Control Regulation have the same meaning in these Regulations as they have for the purposes of the Control Regulation.

(4) In these Regulations, a reference to an Article means an Article of the Control Regulation, and a reference to Chapter II of Title V means Chapter II of Title V of the Control Regulation.

(5) The Interpretation Act (Northern Ireland) 1954, except section 20(2) and (3), applies to these Regulations as it applies to an Act of the Assembly.”(8).

(4) In regulation 3 (registration of fish sellers)—

(a) in paragraph (1), for “Article 9” substitute “Chapter II of Title V (control of marketing: post-landing activities)”;

(b) in paragraph (4), for “Article 9, Article 22 of the CFP Regulation” substitute “Articles 59, 62, 63, 64, 66 and 67”;

(c) in paragraph (8)(b), for “Article 9, Article 22 of the CFP Regulation” substitute “Article 59, 62, 63, 64, 66 or 67”.

(5) In regulation 5 (maintenance of records by registered fish seller), in paragraph (3), for “until the end of the second calendar year following that sale” substitute “for three years”.

(6) In regulation 6 (designation of fish auction sites)—

(a) in paragraph (1), for “Article 9, and Article 22 of the CFP Regulation” substitute “Chapter II of Title V”;

(b) in paragraphs (3) and (7)(b), for “Article 9, Article 22 of the CFP Regulation” substitute “Chapter II of Title V”.

(7) In regulation 7 (registration of fish buyers)—

(a) in paragraph (1), for “Article 22(2)(b) of the CFP Regulation” substitute “Article 59”;

(b) in paragraph (3), for “Article 9, Article 22 of the CFP Regulation” substitute “Articles 62, 63, 64, 66 and 67”;

(c) in paragraph 7(b), for “Article 9, Article 22 of the CFP Regulation” substitute “Article 62, 63, 64, 66 or 67”.

(8) For regulation 8 (purchase of fish by an unregistered buyer) substitute—

“Purchase of fish by an unregistered buyer

8.   Any person who buys fish contrary to Article 59(2) is guilty of an offence, unless the exemption in Article 59(3) applies.”.

(9) In regulation 9 (maintenance of records by registered fish buyer), in paragraph (3), for “until the end of the second calendar year following that purchase” substitute “, for three years”.

(10) In regulation 12 (penalties), in paragraph 2(c), for “9(6)” substitute “9(7)”.

(11) In regulation 13 (powers of British sea-fishery officers in relation to fishing boats)—

(a) for paragraph (1) substitute -

“(1) For the purpose of enforcing these Regulations or any equivalent provisions, any British sea-fishery officer may exercise the powers conferred by this regulation in relation to any fishing boat to which these Regulations apply.”;

(b) in paragraph (3) for “article” substitute “regulation”.

(12) For regulation 15 (powers of British sea-fishery officers to seize fish) substitute—

“Powers of British sea-fishery officers to seize fish

15.   Any British sea-fishery officer may seize any fish (including any receptacle that contains the fish) in respect of which the officer has reasonable grounds to suspect that an offence under these Regulations or any equivalent provision has been committed.”.

(13) In Schedule 1 (conditions applicable to registrations of fish sellers) –

(a) in the shoulder note, for “Article 3” substitute “regulation 3(6)”;

(b) in paragraph 2, for “Article 9 of Council Regulation (EEC) 2847/1993”(9) substitute “Articles 62(1), 63(1), 64(1), and 64(2)”;

(c) after paragraph 2, add –

“3. Take-over declarations shall be submitted in accordance with Articles 66(1), 66(3) and 67(1).”.

(14) In Schedule 2 (conditions applicable to designations of auction sites), in the shoulder note, for “Article 6” substitute “regulation 6(5)”.

(15) In Schedule 3 (conditions applicable to registrations of fish buyers) -

(a) in the shoulder note, for “Article 7” substitute “regulation 7(5)”;

(b) in paragraph 2, for “Article 22(2) of Council Regulation (EC) 2371/2002”(10) substitute “Articles 62(1), 63(1), 64(1), 64(2) and 65(2)”;

(c) after paragraph 2, add –

“3. Take-over declarations shall be submitted in accordance with Articles 66(1), 66(3) and 67(1).”.

Sealed with the Official Seal of the Department of Agriculture and Rural Development on 7th March 2016

John Speers

A senior officer of the

Department of Agriculture and Rural Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005.

The Regulations provide for the administration and enforcement, in part, of Articles 59, 62, 63, 64, 65, 66 and 67 of Council Regulation (EC) No 1224/2009 (OJ No. L 343, 22.12.2009, p. 1) establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, in particular requirements relating to the first marketing and purchasing of fish (first sale fish).

The Regulations also correct errors in the Registration of Fish Buyers and Sellers and Designation of Fish Auction Sites Regulations (Northern Ireland) 2005.

(1)

S.I. 2000/2812

(2)

1972 c.68

(3)

S.R. 2005 No.419

(4)

OJ L 343, 22.12.2009, p.1

(5)

Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7). Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006

(6)

S.R. 2005 No.419

(7)

OJ No. L 343, 22.12.2009, p. 1, as last amended by Regulation (EU) 2015/812 (OJ No. L.133, 29.5.2015 p.1), as corrected by a corrigendum (OJ No. L 149, 16.6.2015, p.23)

(8)

1954 c. 33 (N.I.)

(9)

OJ No. L 261, 20.10.1993, p. 1, repealed by Council Regulation (EC) No 1224/2009 (OJ L 343, 22.12.2009, p.1)

(10)

OJ No. L 358, 31.12.2002, p. 59, repealed by Regulation (EU) No 1380/2013 of the European Parliament and of the Council (OJ L 354, 28.12.2013, p.22)