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

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2.  In these Regulations–

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

“competent authority” means the Food Standards Agency, or such other person to whom the functions of competent authority may have been delegated, or with whom arrangements as to the exercise of those functions have been made, by the Food Standards Agency in accordance with regulation 4 of the Food Hygiene (Scotland) Regulations 2005(1);

“Directive 2004/41”, “Regulation 178/2002”, “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 Article 2.1(c) 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;

“food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(3);

“imported” means introduced into Scotland 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 Article 2.1 of Regulation 882/2004;

“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;

“processing” has the meaning given to it in Article 2.1(m) of Regulation 852/2004;

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

“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 Scotland; and

(e)

are intended for placing on the market for human consumption;

“relevant food authority” means the food authority in whose area circumstances giving rise to an obligation under these Regulations to pay a charge to the relevant food authority arise;

“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 Scotland; and

(d)

are intended for placing on the market for human consumption,

other than relevant fishery products being sold for the first time in Scotland and 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 48(1) of the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002(4); 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.

(3)

1994 c. 39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232.

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