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The Fishing Vessels (Decommissioning) (Scotland) Scheme 2003

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Decommissioning of the vessel

8.—(1) At least two weeks prior to the decommissioning of the vessel, the applicant shall notify the Scottish Ministers in writing of the intended date and place of decommissioning (which shall be within a member State) and the proposed method of decommissioning.

(2) The vessel shall not be decommissioned until the method of decommissioning notified under sub-paragraph (1) has been approved by the Scottish Ministers.

(3) The vessel shall be decommissioned–

(a)before the appropriate decommissioning date; and

(b)in accordance with–

(i)the method of decommissioning which has been approved by the Scottish Ministers under sub-paragraph (2); or

(ii)in exceptional circumstances and with the consent of the Scottish Ministers (which may be given before or after the decommissioning), any other method of decommissioning which accords with sub-paragraph (4).

(4) In this Scheme “decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry of the European Community by any means within the provisions of Article 7 of Council Regulation 2792/99.

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