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The Sea Fish (Marketing Standards) (Scotland) Regulations 2004

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Interpretation

2.—(1) In these Regulations–

“authorised officer” means –

(a)

a person who by virtue of section 7 of the Sea Fisheries Act 1968(1) is a British sea-fisheries officer; or

(b)

an officer authorised in writing by the Scottish Ministers for the purpose of enforcing these Regulations;

“cephalopods” means the cephalopods specified in Article 3(1)(c) of Regulation 2406/96;

“Regulation 2406/96” means Council Regulation (EC) No. 2406/96 laying down common marketing standards for certain fishery products(2), as amended by Commission Regulation (EC) No. 323/97(3), Council Regulation (EC) No. 2578/2000(4), Commission Regulation (EC) No. 2495/2001(5) and the Act concerning the Conditions of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded(6) and read with Commission Regulation (EEC) No. 3703/85 laying down detailed rules for applying the common marketing standards for certain fresh or chilled fish(7), as amended by Commission Regulation (EEC) No. 3506/89(8);

“Regulation 104/2000” means Council Regulation (EC) No. 104/2000 on the common organisation of the markets in fishery and aquaculture products(9);

“saltwater fish” means the fish specified in Article 3(1)(a) of Regulation 2406/96;

“scallops” means the common scallop specified in Article 3(1)(d) of Regulation 2406/96;

“shellfish” means the crustaceans specified in Article 3(1)(b) of Regulation 2406/96;

“specified Community provision” means a provision of an Article of Regulation 2406/96 or Regulation 104/2000 specified in column 1 of the Schedule to these Regulations (as read with any qualifying provision relating to that Article in that column of the Schedule) and subject to paragraph (3), in respect of which an indication of the subject matter of the provision is set out in the corresponding entry in column 2 of the Schedule;

“whelks” means the common whelk specified in Article 3(1)(d) of Regulation 2406/96.

(2) Expressions in these Regulations which are not defined in the preceding paragraph of this regulation and which appear or are referred to in Regulation 2406/96 have the same meaning in these Regulations as in that Regulation.

(3) Column 2 of the Schedule to these Regulations shall not be read as limiting the scope of any specified Community provision and shall be disregarded for the purposes of any question arising as to the construction of these Regulations.

(2)

O.J. No. L 334, 31.12.96, p.1.

(3)

O.J. No. L 52, 22.2.97, p.8.

(4)

O.J. No. L 298, 25.11.00, p.1.

(5)

O.J. No. L 337, 20.12.01, p.23.

(6)

O.J. No. L 236, 23.9.03, p.33.

(7)

O.J. No. L 351, 28.12.85, p.63.

(8)

O.J. No. L 342, 24.11.89, p.11.

(9)

O.J. No. L 17, 21.1.00, p.22.

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