The Fishery Products (Official Controls Charges) (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations extend to Scotland only. They implement the provisions of Council Directive 85/73/EC on the financing of veterinary inspections and controls that, following reforms to the Community regime on food hygiene that take effect on 1st January 2006, require fees to be collected for inspections of and controls on fishery products under Annex III to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (O.J. No. L 139, 30.4.04, p.206; the revised text of which is now set out in a Corrigendum, O.J. No. L 226, 25.6.04, p.83). An amended and consolidated text of Council Directive 85/73/EC is annexed to Council Directive 96/43/EC at O.J. No. L 162, 1.7.96, p.1.

Prior to 1st January 2006, Council Directive 85/73/EC requires fees to be collected for inspections of and controls on fishery products under Council Directive 91/493/EEC (O.J. No. L 268, 24.9.91, p.15). In the light of the reforms mentioned above, Directive 2004/41/EC of the European Parliament and of the Council (O.J. No. L 157, 30.4.04, p.33; the revised text of which is now set out in a Corrigendum, O.J. No. L 195, 2.6.04, p.12) modifies Council Directive 85/73/EEC with effect from 1st January 2006 so that from that date it requires fees to be collected for inspections of and controls on fishery products under Annex III to Regulation (EC) No. 854/2004.

Further to these reforms the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I. 1998/994) will be revoked with effect from 1st January 2006 by the Food Hygiene (Scotland) Regulations 2005 (S.S.I. 2005/505). Schedule 4A to those Regulations implements the provisions of Council Directive 85/73/EEC that currently require fees to be collected for inspections of and controls on fishery products under Council Directive 91/493/EEC in relation to Great Britain.

These Regulations–

(a) state what costs constitute the actual costs of exercising official controls for the purposes of the Regulations (regulation 3);

(b) provide the conversion rate in order to calculate the Sterling equivalent of any sums which are specified in Euro in the Regulations (regulation 4);

(c) prescribe how the length of an “account period” for the purposes of the Regulations is to be determined (regulation 5);

(d) provide that where a duty is imposed under the Regulations on more than one person it may be enforced jointly or separately against such persons (regulation 6);

(e) require authorities to which charges are payable under the Regulations to calculate the charges, recalculate if an error is made, give notice of amounts due to those liable to pay and seek recovery of those charges (regulation 7);

(f) provide for an appeal to the sheriff against decisions of authorities imposing charges under the Regulations and lay down the requirements for the conduct and determination of such appeals (regulation 8);

(g) provide for the payment of charges by one food authority to another where charges are payable to more than one authority (the term “food authority” is defined in regulation 2) (regulation 9);

(h) require payment of a specified amount (subject to a reduction in specified circumstances) to the relevant food authority by vendors of consignments of relevant landed fishery products sold for the first time in Scotland and inclusion of that amount in the sale price (the terms “relevant food authority”, “vendor”, “relevant landed fishery products” and “fishery products” are defined in regulation 2) (regulations 10 and 11);

(i) specify the manner in which charges relating to relevant landed fishery products payable under regulation 10 are to be collected, require the vendor to supply the relevant food

(j) authority with returns in relation to transactions to which such charges relate and to keep records, specify the information to be contained in such returns and permit the relevant food authority to require the vendor to provide additional information (regulation 12);

(k) require payment of a specified amount (subject to a reduction in specified circumstances) to the relevant food authority by owners or masters of factory vessels from which fishery products other than certain specified products are landed (the term “factory vessel” is defined in regulation 2) (regulations 13 and 14);

(l) specify the manner in which charges relating to fishery products landed from factory vessels payable under regulation 13(1) are to be collected, require the owner or master of the vessel to supply the relevant food authority with returns in relation to transactions to which such charges relate and to keep records, specify the information to be contained in such returns and permit the relevant food authority to require the owner or master to provide additional information (regulation 15);

(m) require payment of the actual costs incurred by the competent authority in exercising certain official controls on factory vessels by the owner or master of such vessels (the term “competent authority” is defined in regulation 2) (regulation 16);

(n) require payment of a specified amount (subject to a reduction in specified circumstances) to the relevant food authority by proprietors or operators of preparation or processing establishments in relation to consignments of fishery products entering the establishment concerned (the term “processing establishment” is defined in regulation 2) (regulations 17 and 18);

(o) specify the manner in which charges relating to the exercise of official controls in respect of preparation or processing establishments that are payable under regulation 17 are to be collected, require the proprietor or operator concerned to supply the relevant food authority with returns in relation to transactions to which such charges relate and to keep records, specify the information to be contained in such returns and permit the relevant food authority to require the proprietor or operator to provide additional information (regulation 19);

(p) require proprietors of establishments at which fishery products are only chilled, frozen, packaged or stored to pay the actual costs incurred by the relevant food authority in carrying out certain inspections (the term “chilled” is defined in regulation 2) (regulation 20);

(q) require payment of a specified amount (subject to a reduction in specified circumstances) to the relevant food authority by vendors of consignments of relevant fishery products sold for the first time in Scotland and inclusion of that amount in the sale price (the term “relevant fishery products” is defined in regulation 2) (regulations 21 and 22); and

(r) specify the manner in which charges relating to relevant fishery products are to be collected, require the vendor to supply the relevant food authority with returns in relation to transactions to which such charges relate and specify the information to be contained in such returns (regulation 23).

No regulatory impact assessment has been produced for this Instrument as it has no impact on business costs.