The Fishery Products (Official Controls Charges) Regulations (Northern Ireland) 2005

Interpretation

2.—(1) In these Regulations—

“chilled” means cooled to a temperature approaching that of melting ice;

“competent authority” means the authority designated under regulation 4 of the Food Hygiene Regulations (Northern Ireland) 2005(1);

“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1642/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004” and “Regulation 1688/2005” have the meanings respectively given to them in the Schedule;

“EEA State” means a member State, Norway, Iceland or Liechtenstein;

“employers' National Insurance contributions” means those social security contributions for which employers are liable under Part I of the Social Security Contributions and Benefits Act 1992(2);

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

“factory vessel” and “fishery products” have the meanings respectively given to them in points 3.2 and 3.1 of Annex I to Regulation 853/2004;

“imported” means introduced into Northern Ireland 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 paragraph 1 of Article 2 of Regulation 882/2004;

“placing on the market” has the meaning given to it in paragraph 8 of Article 3 of Regulation 178/2002;

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

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

“relevant district council” means the district council in whose district there arises an obligation under these Regulations to pay a charge to that district council;

“relevant fishery products” means imported fishery products which—

(a)

originate in a third country;

(b)

were caught in their natural environment;

(c)

have not been on land prior to their proposed importation, or had not been on land prior to their importation, into an EEA State or Greenland;

(d)

are or will be landed in Northern Ireland; and

(e)

are intended for placing on the market for human consumption;

“relevant landed fishery products” means fishery products which—

(a)

were caught in their natural environment;

(b)

have not or had not been on land prior to being landed;

(c)

are or will be landed in Northern Ireland; and

(d)

are intended for placing on the market for human consumption,

other than relevant fishery products being sold for the first time in Northern Ireland or 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;

(e)

anchovies; and

(f)

picarels of the species Maena smaris;

“third country”, except in the expression “third country import”, means any country or territory, other than Greenland, which does not comprise the whole or part of an EEA State;

“third country import” means an import in respect of which a charge is payable under regulation 52(1) of the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2004(3); and

“vendor” means—

(a)

where an agent sells fishery products on behalf of the owner or master of a vessel, that agent; and

(b)

in any other case, the owner or master of the vessel.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(1)

S.R. 2005 No. 356

(2)

1992 c. 4

(3)

S.R. 2004 No. 464

(4)

1954 c. 33 (N.I.)