The Sea Fishing (Restriction on Days at Sea) (Scotland) Amendment (No. 2) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Sea Fishing (Restriction on Days at Sea) (Scotland) Order 2003 (“the principal Order”), which provides for the enforcement in Scotland of the provisions of Annex XVII (“the Annex”) to Council Regulation 2341/2002 (O.J. No. L 356, 31.12.02, p.12) fixing for certain fish stocks and groups of fish stocks the fishing opportunities in Community waters for 2003.

The Order contains provisions which amend the principal Order to enforce the amendments made to the Annex by Council Regulation 671/2003 (O.J. No. L 97, 15.4.03, p.11).

The amendments to the principal Order include–

(a) the amendment of the definition of “Annex XVII” and the insertion of a definition of “the Commission Decision” in the interpretation provision of the principal Order (article 2(2));

(b) amendment of the provisions relating to absence from port in article 3 of the principal Order to reflect in particular the new provision in Article 6(e) of the Annex, which allows Member States to permit any of its vessels fishing with demersal trawls, seines or similar towed gears of mesh size equal to or greater than 120mm to spend up to 16 days absent from port (article 2(3));

(c) (i) amendment of article 6(4) (transfer of days) of the principal Order to reflect the fact that a transfer of days to another vessel is only permitted if the donor vessel has a record of fishing with a gear specified in paragraph 4 of the Annex in the area defined in paragraph 2 of the Annex in 2000 as well as 2001 and 2002; and

(ii) amendment of article 6(5) to include a reference to new paragraph 10(c) of the Annex to provide that days may not be transferred from gears defined in paragraphs 4(b) to (f) to gears defined in paragraph 4(a) (article 2(4));

(d) amendment of the definition of “relevant period” in article 6A(3) (article 2(5));

(e) amendment of articles 8 to 10 and 14 to 15 of the principal Order to the reflect the amendment of the Annex and the consequential renumbering of the paragraphs of the Annex (articles 2(6) to (10); and

(f) amendment of interpretation provisions in article 2(1) of the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 to reflect the amendment of the Annex and the consequential renumbering of the paragraphs of the Annex (article 3).