The Sea Fishing (EU Recording and Reporting Requirements) (Scotland) Order 2010

Explanatory Note

(This note is not part of the Order)

This Order enforces the EU obligations relating to sea fishing contained in—

(a)

Council Regulation (EEC) No. 2847/93 (“Regulation 2847/93”), Articles 6, 8(1), 11(1) and 13;

(b)

Council Regulation (EC) No. 1006/2008, Articles 22 and 23(1);

(c)

Commission Regulation (EC) No. 1077/2008 (“Regulation 1077/2008”), Articles 2(1), 5(1) and (4), 10(1) and (3), 11(3) and 12(3) and (4);

(d)

Council Regulation (EC) No. 1224/2009, Articles 15(1) and (2), 17(1) and (4), 18(1), 22(1), 24(1), 28(1), 62(1) and (5) and 66(1) and (3); and

(e)

Commission Regulation (EU) No. 201/2010, Article 8 and Annex II.

These are requirements to record and report information relating to fishing activity undertaken by EU fishing boats wherever they may be, and by third country fishing boats within EU waters, and to the landing and first sale of fishery products in the EU.

The Order forms part of the law of Scotland only. It applies to: Scottish fishing boats wherever they may be; EU and third country fishing boats within the Scottish zone, and registered buyers and sellers of fishery products in Scotland.

The Order designates the Scottish Ministers as the competent authority to which information must be reported where it relates to fishing activity undertaken by Scottish fishing boats, or in the Scottish zone, or to fishery products landed, stored, transported or first sold in Scotland. It also specifies the methods by which such information must be reported to the Scottish Ministers (article 3).

The Order provides for the Scottish Ministers to maintain, and publish on an official website, a register of all registered buyers and sellers responsible for the first sale of fishery products in Scotland which have the prescribed annual financial turnover (as defined in the Order) for the purposes of Articles 2(1) and 5(1) and (4) of Regulation 1077/2008. It requires registered buyers and sellers to inform the Scottish Ministers annually whether or not they have the prescribed annual financial turnover and makes it an offence to fail to comply with that requirement or to provide materially false information in purported compliance with that requirement (article 4).

The Order makes it an offence to contravene any EU recording and reporting requirement or EU (third country) recording and reporting requirement (as defined in the Order), which are specified in Schedules 1 and 2 respectively, or to record or report materially false information in purported compliance with any requirement (articles 5 and 6).

The Order specifies the penalties for a relevant offence (as defined in the Order) (article 7) and makes provision for the recovery of fines imposed in respect of a relevant offence or an offence under article 13 of the Order (article 8).

For the purpose of enforcing articles 4, 5 and 6 of the Order, or any equivalent provision, the Order confers on British sea-fishery officers powers to: go on board fishing boats; search for and examine fishery products and equipment; require the production of documents; search for and seize documents; take a boat to the nearest convenient port; enter and inspect premises; stop and search vehicles transporting fish, and seize fish (articles 9 to 11).

The Order provides for the protection of British sea-fishery officers in the exercise of their powers under the Order (article 12). It creates offences of, and specifies the penalties for, obstructing such officers (article 13).

The Order makes provision in relation to offences committed by a body corporate, a Scottish partnership or other unincorporated association (article 14) and in relation to the admissibility in evidence of logbooks and other documents (article 15).

The Order revokes the Sea Fishing (Enforcement of Community Control Measures) (Scotland) Order 2000 (S.S.I. 2000/7) (“the 2000 Order”) and those instruments amending the 2000 Order (article 16). Articles 4 and 5 of this Order re-enact the following provisions of the 2000 Order: articles 2A and 3(3) and (4), as well as article 3(1) and (2) so far as it applies to Articles 6, 8(1), 11(1) and 13 of Regulation 2847/93 (referred to in entries 2(b), (d), (h) and (j) in the Schedule to the 2000 Order).

The Order makes savings in relation to the 2000 Order and its amending instruments. These provide that, despite the commencement of this Order on 31st October 2010, the 2000 Order and its amending instruments continue to apply for the purposes of any investigation or legal proceedings relating to any acts or omissions which occurred before that date and constitute an offence under the 2000 Order (article 16).

A Regulatory Impact Assessment in relation to this Order has been prepared and placed in the Scottish Parliament Information Centre (“SPICe”). Copies can be obtained from Marine Scotland, 1B South, Victoria Quay, Edinburgh, EH6 6QQ.