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The Fishery Products (Official Controls Charges) (Scotland) Regulations 2006

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Charge in respect of the first placing on the market or the first sale in a fish market of relevant fishery products or relevant landed fishery products

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10.—(1) The first placing on the market or first sale in a fish market of relevant fishery products or relevant landed fishery products shall be a chargeable transaction for the purposes of this Part.

(2) Subject to paragraph (6), where there is a chargeable transaction for the purposes of this Part, the vendor shall pay the charge determined in accordance with paragraphs (3) to (5) (“the landings charge”) to the relevant food authority.

(3) Subject to paragraphs (4) and (5), the landings charge shall be a contribution of 1 Euro per tonne for the first 50 tonnes of fishery products and 0.5 Euro per tonne for each additional tonne towards the expenditure incurred in exercising the official controls required under Annex III to Regulation 854/2004.

(4) Subject to paragraph (5), in respect of any consignment of specified pelagic fish which are relevant landed fishery products, the landings charge shall not exceed 50 Euros.

(5) Where–

(a)the chargeable transaction is a first sale in a fish market and relates to relevant landed fishery products only; and

(b)any official controls required under Annex III to Regulation 854/2004 are facilitated on the basis that–

(i)the relevant landed fishery products concerned are graded for freshness or size in accordance with relevant national or Community rules, or

(ii)such transactions are grouped together,

the landings charge shall be 45% of the amount that it would otherwise be under paragraph (3) or (4).

(6) Where the actual costs of exercising the official controls required under Annex III to Regulation 854/2004 are less than the landings charge, the vendor shall pay an amount equal to those costs to the relevant food authority, instead of the landings charge.

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